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SB-502 Commuter rail systems: availability of automated external defibrillators.(2017-2018)

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Date Published: 06/21/2018 04:00 AM
SB502:v95#DOCUMENT

Amended  IN  Assembly  June 20, 2018
Amended  IN  Assembly  May 31, 2018
Amended  IN  Assembly  September 07, 2017
Amended  IN  Senate  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 502


Introduced by Senator Portantino

February 16, 2017


An act to add Section 99175 of to the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 502, as amended, Portantino. Commuter rail systems: availability of automated external defibrillators.
(1) Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, use and a health care professional who is involved with the selection, placement, or installation of the AED, as specified.
This bill would require a public entity that operates, or contracts for the operation of, a commuter rail system, by July 1, 2020, to ensure that each train has an AED as part of its safety equipment subject to specified requirements, except as specified, and to transmit confirmation of its compliance in writing to the Transportation Agency. The bill would exempt an affected public entity that acquires an AED for emergency care from liability for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity has complied with certain requirements.
(2) By imposing new duties on local public officials, the bill would create a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 99175 is added to the Public Utilities Code, to read:

99175.
 (a) A public entity that operates, or contracts for the operation of, a commuter rail system shall ensure that each train has an automated external defibrillator (AED) as part of its safety equipment subject to the requirements in Section 1797.196 of the Health and Safety Code. As used in this subdivision, “commuter rail system” does not include intercity passenger rail services, including state-funded intercity passenger rail services managed under an interagency transfer agreement by the LOSSAN Rail Corridor Agency, the San Joaquin Joint Powers Authority, or the Capitol Corridor Joint Powers Authority, and does not include light rail or rapid transit services managed by local agencies.
(b) An affected public entity may provide training for their employees on the use of the AEDs as part of their regularly scheduled safety or other training sessions.
(c) (1) An affected public entity shall install AEDs pursuant to this section by July 1, 2020.
(2) The Peninsula Corridor Joint Powers Board shall be exempt from paragraph (1) and shall instead ensure that trainsets procured as part of the Caltrain Electrification Project are equipped with AEDs.
(d) (1) Upon completion of the installation of AEDs, the public entity shall transmit confirmation of its compliance in writing to the Transportation Agency.
(2) If an affected public entity is in compliance with the requirements of this section when it becomes effective, it shall notify the Transportation Agency pursuant to paragraph (1).
(e) An affected public entity that acquires an AED for emergency care pursuant to this subdivision section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if the public entity has complied with paragraph (1) of subdivision (b) of Section 1797.196 of the Health and Safety Code.

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.