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AB-852 Vehicles: children safety.(2017-2018)

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Date Published: 06/13/2018 09:00 PM
AB852:v97#DOCUMENT

Amended  IN  Senate  June 13, 2018
Amended  IN  Senate  September 07, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 852


Introduced by Assembly Members Member Caballero and Grayson

February 16, 2017


An act to amend Section 25210 of, and to add Section 25210.2 to, the Health and Safety Code, relating to hazardous waste. An act to amend Section 22454 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 852, as amended, Caballero. Hazardous waste: waste facilities: nonbiodegradable toxic chemicals. Vehicles: children safety.
Existing law requires the driver of any vehicle, upon meeting or overtaking any schoolbus equipped with required signs that is stopped for the purpose of loading or unloading any schoolchildren and displaying a flashing red light signal and stop signal arm, if equipped with a stop signal arm, to bring the vehicle to a stop immediately before passing the schoolbus and to not proceed past the schoolbus until the flashing red light signal and stop signal arm cease operation. A violation of these provisions is a crime.
This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the prohibition described above. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.

The hazardous waste control laws prohibit the use of a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel and prohibit the sale of a nonbiodegradable toxic chemical in a container that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel. Existing law requires the Department of Toxic Substances Control to develop and adopt regulations to define nonbiodegradable toxic chemicals and limitations on the sale of those chemicals. A violation of the hazardous waste control laws is a crime.

This bill would instead prohibit those uses for a nonbiodegradable chemical or a toxic chemical, and would prohibit the sale of those chemicals, under those same circumstances. Because the bill would prohibit additional chemicals, thereby expanding the application of a crime, the bill would impose a state-mandated local program. The bill would require the department to develop and adopt analogous regulations regarding the nonbiodegradable chemicals and toxic chemicals.

The bill would prohibit the state or a regional board from requiring a recreational vehicle park or campground served by a septic system to mitigate the presence or impact in its septic system of a nonbiodegradable or toxic chemical of a kind typically found in waste from vehicular or onsite waste facilities.

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 no reimbursement is required by this act for a specified reason.

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

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


SECTION 1.

 Section 22454 of the Vehicle Code is amended to read:

22454.
 (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.
(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).
(2) For purposes of this section, an “automated schoolbus video enforcement system” means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.
(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:

“STOP WHEN LIGHTS ARE FLASHING - IT’S THE LAW”
“VIDEO ENFORCED STOP”

(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or, if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.
(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendor’s expense.
(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.
(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.

(d)

(h) This section also applies to a roadway upon private property.

SEC. 2.

  The Legislature finds and declares that Section 1 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
SECTION 1.Section 25210 of the Health and Safety Code is amended to read:
25210.

It is unlawful to use a nonbiodegradable or toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code, and it is unlawful to sell a nonbiodegradable or toxic chemical in a container that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code. The department shall develop and adopt regulations to define nonbiodegradable chemicals and toxic chemicals and limitations on the sale of those chemicals.

SEC. 2.Section 25210.2 is added to the Health and Safety Code, to read:
25210.2.

A recreational vehicle park, as defined in Section 18862.39, or campground served by a septic system shall not be required by the state or a regional board to mitigate the presence or impact in its septic system of a nonbiodegradable or toxic chemical, as those terms are defined pursuant to Section 25210, of a kind typically found in waste from vehicular or onsite waste facilities.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.