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