BILL NUMBER: AB 2276 CHAPTERED 08/26/02 CHAPTER 241 FILED WITH SECRETARY OF STATE AUGUST 26, 2002 APPROVED BY GOVERNOR AUGUST 24, 2002 PASSED THE SENATE AUGUST 12, 2002 PASSED THE ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY APRIL 30, 2002 AMENDED IN ASSEMBLY APRIL 17, 2002 INTRODUCED BY Assembly Member Dutra FEBRUARY 20, 2002 An act to amend Section 27903 of the Vehicle Code, relating to hazardous materials, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2276, Dutra. Vehicles: hazardous materials: emergency materials. Existing California law requires any vehicle transporting hazardous materials to display placards in the manner prescribed by federal regulations applicable to commercial transportation. This bill would exempt authorized emergency vehicles operated by peace officers from the state placarding requirement in certain circumstances. The bill would declare that it is to take effect immediately, as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 27903 of the Vehicle Code is amended to read: 27903. (a) Subject to Section 114765 of the Health and Safety Code, any vehicle transporting any explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by the United States Department of Transportation regulations (49 C.F.R., Parts 172, 173, and 177), shall display the placards and markings in the manner and under conditions prescribed by those regulations of the United States Department of Transportation. (b) This section does not apply to the following: (1) Any vehicle transporting not more than 20 pounds of smokeless powder or not more than five pounds of black sporting powder or any combination thereof. (2) An authorized emergency vehicle as defined in paragraph (1) of subdivision (b) of Section 165, operated by a peace officer as defined in Sections 830.1 and 830.2 of the Penal Code, when transportation is required within the scope and course of law enforcement explosives detection or removal duties, provided one of the following conditions applies: (A) The law enforcement agency operating the vehicle complies with regulations adopted by the California Highway Patrol pursuant to subdivision (b) of Section 34501, notwithstanding Section 34500 and subdivision (a) of Section 34501. (B) The peace officer possesses an exemption issued by the commissioner, who may require additional transportation restrictions as deemed appropriate. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure the public safety on the highways and allow the expeditious removal of hazardous materials from public places, it is necessary that this act take effect immediately.