FEBRUARY 2006 LEGISLATIVE REPORT
CALIFORNIA FIRE CHIEF’S FIRE PREVENTION OFFICERS
The following is legislation in the California Legislature being monitored by the FPO Legislative Committee.
For current information or to review any of these bills go to www.leginfo.ca.gov
AB = Assembly Bill
SB = Senate Bill
AB 158 (Bermudez) Railroads: safety study.
Status: 02/02/2006-Referred to Coms. on E.,U. & C. and E.Q.
Current Location: 02/02/2006-S E. U., & C.
Summary: Existing law establishes the safety division of the Public Utilities Commission. The safety division is 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. Existing law requires every railroad corporation that transports hazardous materials, as defined, in the state to provide a system map of the state to the Office of Emergency Services and to the commission showing certain information, to annually submit a copy of its emergency handling guidelines to the office, and to provide specified information in the event of an incident where there is a release or threatened release of a hazardous material. Under existing law, the commission is required to annually report to the Legislature regarding sites on railroad lines in the state that it finds to be hazardous, including a list of all commodities transported on railroad lines that could pose a hazard to the public or the environment in the event of a train derailment or other accident, a description of the quantities of these commodities, and the locations and routes over which these materials are transported, and a list of all railroad derailment accident sites in the state on which accidents have occurred within at least the previous 5 years. This bill would create the Special Railroad Safety Task Force, comprised of specified members. The bill would require the task force to meet monthly from January 2007 to December 2007, inclusive, and to study certain railroad safety issues, and make recommendations for improving railroad safety measures. The bill would require the task force, no later than 90 days after its last meeting, to submit a written report to the commission setting forth its findings and recommendations relating to railroad safety issues. The bill would require the commission to include the findings and recommendations of the task force in its July 1, 2008, report to the Legislature on sites on railroad lines that are found to be hazardous. These provisions would become inoperative on July 1, 2008, and would be repealed on January 1, 2009, unless a later enacted statute deletes or extends that date. This bill contains other related provisions.
AB 1327 (Tran) Hazardous materials: accidental release prevention program.
Status: 05/24/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
Current Location: 05/19/2005-S 2 YEAR
Summary: Existing law requires businesses that handle hazardous materials to prepare a business plan and submit an annual inventory form to the administering agency and provides for the imposition of civil penalties upon a business that violates those requirements. Existing law requires the issuance of an enforcement order or the imposition of an administrative penalty by an administering agency to be conducted using the administrative penalty procedures required to be followed by a Certified Unified Program Agency. This bill would make conforming changes with regard to the setting of those civil penalties to delete a reference to the setting of the amount of the penalty by the governing body of the administering agency. This bill contains other related provisions and other existing laws.
AB 2039 (Tran)Fireworks.
Status: 02/15/2006-From printer. May be heard in committee March 17.
Current Location: 02/14/2006-A PRINT
Summary: Existing law generally regulates the sale, possession, use and transportation of fireworks. Existing law provides that, subject to exceptions, any person who violates any of those provisions, or any regulations issued pursuant to these provisions, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment. This bill would additionally provide that, subject to exceptions, any person who violates any of those provisions or any regulations issued pursuant to those provisions involving any dangerous fireworks item, as defined, or any combination of any dangerous fireworks items, having the total net weight of explosive material of 7,500 grains or more, is guilty of a public offense, and upon conviction thereof would be punished by imprisonment in the state prison, or in the county jail for not more than one year, or by a fine of not more than $10,000, or by both the fine and imprisonment. This bill contains other related provisions and other existing laws.
AB 2073 (Matthews) Home improvement: exemption for fire alarm installation.
Status: 02/16/2006-Read first time. To print.
Current Location: 02/16/2006-A PRINT
Summary: Existing law licenses and regulates contractors by the Contractors' State License Board. Existing law imposes certain requirements on home improvement contractors and home improvement salepersons and defines "home improvement" for purposes of those provisions. Existing law also regulates alarm company operators by the Bureau of Security and Investigative Services. This bill would exclude the installation of a fire alarm, in conjunction with an alarm system, in a residence by a licensed alarm company operator from the definition of home improvement for those purposes.
AB 2177 (Plescia) Fire alarm systems: standards.
Status: 02/22/2006 Read first time. To print
Current Location: To A-print
Summary: Existing law makes it a misdemeanor for any person to market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. This bill would revise that provision to instead provide that it shall be a misdemeanor for any person to market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been tested and listed by a nationally recognized testing laboratory that shall determine that the product meets specified standards; the product would be required to bear the listing mark of the laboratory that tested and listed the product to signify that the product meets the specified standards. The bill would further provide that nothing in these provisions shall be construed to preclude any person from applying to have any fire protection standard or apparatus listed under another specified provision of law.
AB 2184 (Bogh) Residential facilities: land use regulations.
Status: 02/22/2006 Read first time. To print.
Current Location: A- Print
Summary: Existing law specifies that no conditional use permit, zoning variance, or other zoning clearance is required of a residential facility, as defined, which serves 6 or fewer persons if such a permit, variance, or zoning clearance is not required of a family dwelling of the same type in the same zone. This bill would, instead, specify that a city, county, or other local public entity may require a conditional use permit, zoning variance, or other zoning clearance of a residential facility that serves 6 or fewer persons that is not required of a family dwelling of the same type in the same zone.
AB 2310 (Torrico) Fireworks regulations: local law enforcement
Status: 02/22/06 Read first time. To print.
Current Location: A-Print
Summary: This bill would provide that, in addition to any other penalty that may be imposed, any person who violates this part by unlawfully possessing dangerous fireworks or safe and sane fireworks shall be subject to a fee to reimburse the local jurisdiction for any disposal and administrative expenses. It would provide that a portion of the fee shall be transferred to the State Fire Marshal for use in statewide programs for the disposal of fireworks. These provisions would also be applicable to the owner of private property where illegal fireworks have been seized if the owner had knowledge that illegal fireworks were located on his or her property. By increasing the penalties for an existing offense, this bill would impose a state-mandated local program. The bill would provide that the person may be required to deposit bail in a specified amount, and that, if the person does not appear, bail would be forfeited, and further proceedings could be dismissed. The bill would provide that if any person is found to have failed to pay any forfeited bail or fine, or has failed to appear and deposit bail for any citation for a violation of these provisions, a peace officer may immobilize a vehicle owned by that person with a device designed and manufactured for the immobilization of vehicles.
SB 246 (Figueroa) Board for Professional Engineers and Land Surveyors: engineers Status: 11/21/2005-Hearing postponed by committee. (Refers to 8/23/2005 hearing)
Current Location: 07/06/2005-A B. & P.
Summary: Existing law establishes the Board for Professional Engineers and Land Surveyors in the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer. Existing law authorizes the board to make and enforce rules and regulations that are reasonably necessary to carry out the provisions of law regulating land surveyors. Existing law provides that these provisions are to become inoperative and are repealed on July 1, 2006, and January 1, 2007, respectively. This bill would instead make these provisions inoperative and repealed on July 1, 2012, and January 1, 2013, respectively. This bill contains other related provisions and other existing laws.
SB 841 (Hollingsworth) Fire protection: firebreaks.
Status 02/16/2006-To Com. on NAT. RES.
Current Location: 02/16/2006-A NAT. RES.
Summary: Existing law requires the State Board of Forestry and Fire Protection to adopt regulations implementing minimum fire safety standards related to defensible space, that are applicable to state responsibility area lands under the authority of the Department of Forestry and Fire Protection. Existing law requires a person that owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest covered lands, brush lands, or grass-covered lands, or any land that is covered with flammable material, to maintain around and adjacent to the building or structure a firebreak of at least 30 feet, as specified. This bill would, consistent with any other applicable provision of law , authorize a state or local fire official, at his or her discretion, to permit an owner of property , or his or her agent , to construct a firebreak or implement appropriate vegetation management techniques, to ensure that defensible space is adequate for the protection of a hospital, adult residential care facility, school, aboveground storage tank, hazardous materials facility, or similar facility on the property . The bill would authorize the firebreak to be for a radius of up to 300 feet from the facility , or to the property line, whichever distance is shorter.