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AB-673 Public transit operators: bus procurement: safety considerations.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
AB673:v98#DOCUMENT

Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 673


Introduced by Assembly Member Chu

February 15, 2017


An act to add Section 99173 to the Public Utilities Code, and to add Section 24019 to the Vehicle Code, relating to transit operators.


LEGISLATIVE COUNSEL'S DIGEST


AB 673, as amended, Chu. Public transit operators: vehicle safety requirements. bus procurement: safety considerations.
(1) Existing law imposes various requirements on transit operators and provides funding for transit services and capital improvements.
This bill would require a public transit operator, before placing the procurement of a new bus into to be used in revenue operations, to take into consideration recommendations of, and best practices standards developed by, the exclusive representative of the recognized organization representing bus operators of the transit operator for the purpose of protecting bus operators from specified purposes, including, among other purposes, reducing the risk of assault from persons and by removing blind spots. on bus operators. By creating new duties for public transit operators, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(2)Existing law sets forth specified requirements for the equipment of vehicles, including standards relating to brakes, lighting, windshields, and mirrors, among other equipment. A violation of the Vehicle Code is a crime.

This bill would require a public transit operator, before placing a new bus into revenue operations, to ensure that the bus is equipped, at a minimum, with specified features, including, among others, transparent, glare-free, accessible partition enclosures around the bus operator seating area capable of withstanding gun fire, a door or window to the left of the bus operator seating area that allows for safe and rapid emergency egress from the vehicle, and mirrors and pillars that allow the bus operator to adequately view pedestrians crossing in front of the bus, as specified. The bill would require these standards to be implemented only to the extent that they comply with the Federal Motor Vehicle Safety Standards. By creating a new crime and imposing new duties or public transit operators, this bill would impose a state-mandated local program.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 99173 is added to the Public Utilities Code, to read:

99173.
 In addition to the requirements described in Section 24019 of the Vehicle Code, before placing Before the procurement of a new bus into to be used in revenue operations, a public transit operator shall take into consideration recommendations of, and best practices standards developed by, the exclusive representative of the recognized organization representing bus operators of the transit operator for the purpose of protecting bus operators from the risk of assault from persons and by removing blind spots. following purposes:
(a) To reduce the risk of assault on bus operators.
(b) To prevent accidents caused by blind spots created by bus equipment or bus design.
(c) To enhance the safety of passengers, bus operators, or other vehicles or pedestrians that the bus may come into contact with while in service.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.Section 24019 is added to the Vehicle Code, to read:
24019.

(a)In addition to the requirements described in Section 99173 of the Public Utilities Code, before placing a new bus into revenue operations, a public transit operator shall ensure that the bus is equipped, at a minimum, with all of the following:

(1)Transparent, glare-free, accessible partition enclosures around the bus operator seating area capable of withstanding gun fire.

(2)A door or window, at least the same size as a passenger emergency window, to the left of the bus operator seating area that allows for safe and rapid emergency egress from the vehicle.

(3)A mechanism that allows for direct connection to local law enforcement, such as a panic button.

(4)Low-mounted, reasonably sized left-side mirrors that allow the bus operator, regardless of size, to adequately view pedestrians crossing in front of the bus.

(5)Reasonably sized “A” pillars that allow the bus operator, regardless of size, to adequately view pedestrians crossing in front of the bus.

(6)An overall bus operator seating area that eliminates blind spots to the greatest extent feasible.

(b)(1)The standards described in subdivision (a) are intended to impose higher performance standards than those required under the federal National Traffic and Motor Vehicle Safety Act and the regulations adopted under that act for buses obtained by public transit operators for their own use consistent with the authority provided under Section 30103 of Title 49 of the United States Code.

(2)The standards described in subdivision (a) shall be implemented only to the extent that they comply with the Federal Motor Vehicle Safety Standards under Title 49 of the Code of Federal Regulations.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.