BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2438
                                                                  Page  1

          Date of Hearing:   April 28, 2014

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                  AB 2438 (Lowenthal) - As Amended:  March 28, 2014
           
          SUBJECT  :  Firefighter endorsement:  training

           SUMMARY  :  Clarifies that firefighter equipment operation  
          training may be provided by a firefighter with a Class C license  
          with a firefighter endorsement, provided he or she meets all  
          other requirements for training instructors.

           EXISTING LAW  : 

          1)Exempts firefighting equipment with a gross vehicle weight  
            rating over 26,000 pounds from the list of vehicles for which  
            a person must obtain a commercial driver's license to operate,  
            under certain conditions.  

          2)Requires a driver to obtain one of the following types of  
            driver's license in order to lawfully operate firefighting  
            equipment:  

             a)   Class C (basic license), restricted Class A, or  
               noncommercial Class B, each with a firefighter endorsement;  
               and,

             b)   Class A or Class B, appropriate for the size and  
               configuration of the firefighting equipment.  

          3)Provides that these firefighter licensing requirements apply  
            only if both the following conditions exist:  

             a)   The equipment is operated by either a professional or  
               volunteer firefighter of a legitimate fire department, as  
               specified; and,  

             b)   The firefighting equipment (over 26,000 gross vehicle  
               weight rating) is used to travel to and from an emergency  
               or to transport equipment used in an emergency, as  
               specified.  

          4)Sets forth requirements that a driver must meet to obtain a  
            firefighter endorsement, including:  








                                                                  AB 2438
                                                                  Page  2


             a)   Provide proof to the Department of Motor Vehicles (DMV)  
               of current employment or registration as a volunteer with a  
               fire department by providing a letter or other indication  
               from the chief of the fire department;  

             b)   Submit a medical examination report; and,

             c)   Successfully complete specific fire equipment operation  
               training conducted by an instructor registered with the  
               Office of the State Fire Marshal to instruct a Fire  
               Apparatus Driver/Operator 1A course or by an instructor who  
               meets all the following specific experiences and  
               credentials:  

                i)     Possesses a minimum of five years of fire service  
                 experience as an emergency vehicle operator, three of  
                 which must be at the rank of engineer or higher;  

                ii)Possesses a valid Class A or Class B license, or a Class  
                 A or B license restricted to the operation of  
                 firefighting equipment; and,  

                iii)Is certified as a qualified training instructor or  
                 training officer by the State of California, the federal  
                 government, or a county training officers' association.  

           FISCAL EFFECT  :  This bill is designated a non-fiscal bill.  

           COMMENTS  :  Licensure requirements for firefighter equipment  
          underwent significant reform in 2010 with the passage of AB 1648  
          (Jeffries), Chapter 360, Statutes of 2010.  That bill was in  
          response to broad changes in federal regulations regarding  
          commercial vehicle licenses and operations.  

          Prior to 2010, firefighter equipment drivers were generally  
          required to obtain commercial driver's licenses.  The then-new  
          federal regulations related to commercial drivers caused big  
          changes in DMV's commercial licensing program that would have  
          unintentionally hampered fire departments' ability to train and  
          license firefighter equipment operators.  The new regulations  
          would have required fire departments to send new drivers to  
          commercial drive test facilities run by the DMV, just as DMV was  
          shrinking the number of its drive test facilities from 30 to 8.   









                                                                  AB 2438
                                                                  Page  3


          Fire departments around the state, particularly those in rural  
          areas, were concerned that these changes would make it more  
          expensive and logistically difficult to serve California  
          communities because they would have been hampered in obtaining  
          the required commercial driver's licenses for both professional  
          and volunteer firefighting staffs.  They cited as an example of  
          these difficulties the fact that, to complete the skills test, a  
          licensed firefighter with a commercial license would have to  
          drive the firefighting equipment to a DMV testing site  
          (sometimes hours away) with the new driver who is to be tested.   
          As a result, two employees and a large piece of firefighting  
          equipment would essentially be out of service for the day.   
          Rural volunteer fire departments faced particular difficulties  
          because their drivers often have to take time away from work to  
          take the test.  

          AB 1648 remedied these problems.  It made it easier for fire  
          departments to train and test their firefighters, often  
          in-house, without the onerous logistical requirements of the  
          commercial employer training program and without jeopardizing  
          the integrity of the testing.  It also allowed drivers with a  
          Class C license to lawfully operate firefighting equipment so  
          long as they obtain a firefighting endorsement.  

          This bill builds on the streamlining measures set forth in AB  
          1648 by clarifying that training on firefighter equipment  
          operation may be provided by an experienced firefighter with a  
          Class C license with a firefighter endorsement, provided he or  
          she meets all other requirements for training instructors.   
          According to the author, this clarification is needed to ensure  
          qualified firefighters can train their colleagues while  
          maintaining appropriate training standards.   

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Professional Firefighters (sponsor)
          Catherine C. Capriles, Palo Alto Deputy Fire Chief of Training  
          and Support Services
          Chris Wood, Battalion Chief, Palo Alto Fire Department
          Palo Alto Professional Fire Fighters
          United Firefighters of Los Angeles City
           








                                                                  AB 2438
                                                                  Page  4

          Opposition 
           
          None on file
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093