Section 309.7 Of Chapter 2. The Public Utilities Commission: Organization From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.
309.7
. (a) The division of the commission responsible for consumer
protection and safety shall be responsible for inspection,
surveillance, and investigation of the rights-of-way, facilities,
equipment, and operations of railroads and public mass transit
guideways, and for enforcing state and federal laws, regulations,
orders, and directives relating to transportation of persons or
commodities, or both, of any nature or description by rail. The
division of the commission responsible for consumer protection and
safety shall advise the commission on all matters relating to rail
safety, and shall propose to the commission rules, regulations,
orders, and other measures necessary to reduce the dangers caused by
unsafe conditions on the railroads of the state. The delegation of
enforcement responsibility to the division of the commission
responsible for consumer protection and safety shall not diminish the
power of other agencies of state government to enforce laws relating
to employee or environmental safety, pollution prevention, or public
health and safety.
(b) In performing its duties, the division of the commission
responsible for consumer protection and safety shall exercise all
powers of investigation granted to the commission, including rights
to enter upon land or facilities, inspect books and records, and
compel testimony. The commission shall employ sufficient federally
certified inspectors to ensure at the time of inspection that
railroad locomotives and equipment and facilities located in class I
railroad yards in California are inspected not less frequently than
every 180 days, and all main and branch line tracks are inspected not
less frequently than every 12 months. In performing its duties, the
division of the commission responsible for consumer protection and
safety shall consult with representatives of railroad corporations,
labor organizations representing railroad employees, and the Federal
Railroad Administration.
(c) The general counsel shall assign to the division of the
commission responsible for consumer protection and safety the
personnel and attorneys necessary to fully utilize the powers granted
to the commission by any state law, and by any federal law relating
to rail transportation, including, but not limited to, the Federal
Rail Safety Act (45 U.S.C. Sec. 421m et seq.), to enforce safety
laws, rules, regulations, and orders, and to collect fines and
penalties resulting from the violation of any safety rule or
regulation.
(d) The activities of the division of the commission responsible
for consumer protection and safety that relate to safe operation of
common carriers by rail, other than those relating to grade crossing
protection, shall also be supported by the fees paid by railroad
corporations, if any, pursuant to Sections 421 to 424, inclusive. The
activities of the division of the commission responsible for
consumer protection and safety that relate to grade crossing
protection shall be supported by funds appropriated therefor from the
State Highway Account in the State Transportation Fund.