Section 7724.1 Of Article 10. Railroad Safety And Emergency Planning And Response From California Public Utilities Code >> Division 4. >> Chapter 1. >> Article 10.
7724.1
. (a) If a person reasonably, and in good faith, believes
that the directions or orders given by the secretary or the
commission would substantially endanger the public safety or the
environment, the person may refuse to act in compliance with the
orders or directions of the secretary or the commission. The person
shall state, at the time of the refusal, the reasons why the person
refuses to follow the orders or directions of the secretary or the
commission. The person shall give the secretary or the commission
written notice of the reasons for the refusal within 48 hours of
refusing to follow the orders or directions of the secretary or the
commission.
(b) In any civil or criminal proceeding commenced pursuant to
Section 7724, the burden of proof shall be on the responsible party
or potentially responsible party to demonstrate, by clear and
convincing evidence, why the refusal to follow the orders or
directions of the secretary or the commission was justified under the
circumstances.