BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 247|
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                                   THIRD READING 


          Bill No:  SB 247
          Author:   Lara (D) 
          Amended:  1/26/16  
          Vote:     21  

           PRIOR VOTES NOT RELEVANT

           SENATE TRANS. & HOUSING COMMITTEE:  8-0, 1/12/16
           AYES:  Beall, Cannella, Allen, Galgiani, McGuire, Mendoza,  
            Roth, Wieckowski
           NO VOTE RECORDED:  Bates, Gaines, Leyva

           SENATE ENERGY, U. & C. COMMITTEE:  8-0, 1/13/16
           AYES:  Hueso, Cannella, Hertzberg, Hill, Lara, McGuire, Pavley,  
            Wolk
           NO VOTE RECORDED:  Fuller, Leyva, Morrell

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 1/21/16
           AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
           
           SUBJECT:   Charter bus transportation:  safety improvements


          SOURCE:    Author

          DIGEST:  This bill places new safety requirements on charter  
          buses.  

          ANALYSIS:    Existing law requires charter-party carriers of  
          passengers to be permitted by the California Public Utilities  
          Commission.

          This bill:

          1)Requires charter bus drivers to instruct passengers on exit  








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            location and operation, encourage seatbelt use at the outset  
            of every trip, and provide the same content in writing.

          2)Requires all charter buses to be equipped with: 

             a)   Burn-resistant materials in their passenger compartments

             b)   emergency lighting systems that run on an independent  
               power source

             c)   reflective emergency signage

             d)   windows that can be easily opened and remain open during  
               an emergency 

             e)   event data recording systems triggered by sudden  
               deceleration or braking

          3)Requires the California Highway Patrol (CHP) to adopt  
            standards for these new features by July 1, 2017.

          4)Requires all buses manufactured after July 1, 2017, and used  
            for charter transportation in California, to be equipped with  
            a secondary door.


          Comments



          1)Purpose of bill:  Orland accident.  In April 2014, a FedEx  
            tractor-trailer traveling on I-5 near Orland, California,  
            drifted across the grassy median separating the north and  
            southbound lanes and collided with a charter bus carrying a  
            group of Los Angeles-area high school students travelling to  
            Humboldt State University for a campus tour.  Diesel from one  
            of the truck's fuel tanks sprayed into the front of the bus on  
            impact, and friction from the crash ignited it, causing a fire  
            in the passenger compartment.  The drivers of both vehicles  
            were killed, along with eight passengers - seven of whom died  
            from asphyxiation or burns rather than their impact-related  
            injuries.








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            Though the accident was caused by the truck, investigators  
            from the National Transportation Safety Board (NTSB) also  
            examined factors related to the features and operation of the  
            bus that may have contributed to the fatalities.  NTSB then  
            made several recommendations to the National Highway and  
            Transportation System Administration and the Federal Motor  
            Carrier Safety Administration, which have so far declined to  
            impose additional regulations on charter buses.  This bill  
            proposes to adopt these recommendations - discussed below - as  
            state law.
           
          2)What's covered; what's not.  This bill deals with carriers  
            engaged in charter bus transportation.  Charter bus  
            transportation is defined as the use of a vehicle designed to  
            carry more than 10 persons travelling together under a single  
            contract for a fixed fee.  This definition excludes school  
            buses and public transit buses.
           
          3)State jurisdiction.  Federal law imposes some restrictions on  
            California's jurisdiction over vehicles.  The California Bus  
            Association (CBA) notes that states are preempted from  
            regulating vehicle design.  However, Legislative Counsel has  
            found that states may exercise "safety regulatory authority"  
            over motor vehicles (49 U.S. Code Section 14501), and believes  
            the provisions of this bill are within California's  
            jurisdiction.
           
          4)Concerns.  The bus industry has raised concerns about the  
            bill, noting that the bus and its passengers were the victims  
            of a collision with a truck that crossed the median.  CBA  
            quotes the NTSB report as identifying a "sudden and  
            catastrophic rupture" of the truck fuel tank, which sprayed  
            diesel fuel onto and into the bus.  They believe that public  
            safety would be better enhanced by requiring truck fuel tank  
            safety cages and pursuing bus equipment requirements through  
            changes in federal law rather than California law.
          
          5)Passenger safety briefings.  Unlike commercial airlines,  
            charter bus companies are not required to provide safety  
            information to passengers at the outset of each trip.  The  
            charter bus company involved in the Orland accident had  








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            prepared a safety video for passengers; however, the driver  
            did not show it at the outset of this particular trip.  This  
            may have affected crash survivability:  Although the bus was  
            equipped with seatbelts, many passengers were not wearing them  
            at the time of the accident, and several sustained serious or  
            fatal injuries after being thrown from their seats.  Bus  
            passengers also reported having difficulty operating the  
            emergency window exits.  Both the availability of seatbelts  
            and window exit operation would have been covered in the  
            safety briefing, had it been shown.  The NTSB report  
            recommends that charter bus operators be required to provide  
            pre-trip safety briefings, written safety materials, and  
            information on seatbelts.   

          6)Fire frequency.  The CBA knows of no other instances of fires  
            in buses in the past year.  They point to what they believe is  
            an exemplary safety record of buses, particularly when  
            considered in the context of passenger miles travelled.  The  
            California Highway Patrol (CHP) has searched media articles  
            for other instances of deaths from an inability to exit a  
            burning bus, and they could find none.  Though not specific to  
            fires, the CHP has found that there have been between two and  
            seven fatal tour bus collisions (not necessarily fire-related)  
            annually in California since 2010.  Except for 2014, the year  
            of the Orland fire, the number of tour bus fatalities has been  
            less than four annually during that same period.

          7)Equipment costs and effectiveness.  The cost of installing the  
            various safety equipment is unknown, though the CBA believes  
            it will be expensive both in terms of direct costs and the  
            opportunity cost of taking a bus out of service for  
            retrofitting.  The different specific requirements of the bill  
            appear to have widely varying costs.  While signage and  
            emergency lighting may not be too expensive, retrofitting an  
            event data recorder and windows that remain open could well  
            be.  The CBA notes that materials used in buses must already  
            comply with federal flammability standards, and that most  
            modern buses use materials which comply with the standards for  
            airplanes, which have the strictest standards for  
            inflammability.  Therefore, the requirement for burn-resistant  
            material may be unnecessary.  The effectiveness of the various  
            safety equipment requirements is hard to assess, though it  








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            seems clear that open, latchable windows; additional lighting;  
            and visible signage would have saved lives.
           
          8)Emergency exit improvements.  In the Orland accident, the  
            truck collided with the front of the bus and disabled its only  
            door.  Emergency exits through the windows and roof were  
            unfamiliar to passengers and difficult to locate and use,  
            especially as dark smoke obscured operating instructions.   
            These exits were 7 and 12 feet from the ground, respectively -  
            higher than the 6 feet above which aircraft must be equipped  
            with slides for passenger evacuation - and passengers had to  
            hold the very heavy windows open in order to keep them from  
            shutting as they escaped.  This bill requires that buses  
            manufactured after July 1, 2017, be equipped with a secondary  
            door, as recommended by the NTSB; retrofit of existing buses  
            is not required.  Secondary doors are currently in use in some  
            buses.  Both second doors and propping mechanisms for window  
            exits are currently required on all European buses.

          9)Limousine precedent.  There is precedent for state law to  
            require improvements in the ability of passengers to exit  
            vehicles.  In an unfortunately analogous circumstance, in 2013  
            a limousine caught fire on the San Mateo Bridge in the San  
            Francisco Bay Area, killing several passengers who were  
            trapped inside.  The Legislature responded by requiring that  
            limousines have additional exits.



          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, CHP would  
          incur costs of approximately $20,000 to develop standards and  
          criteria for the proposed safety equipment requirements. (Motor  
          Vehicle Account)


          SUPPORT:   (Verified1/25/16)


          Consumers for Auto Reliability and Safety








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          OPPOSITION:   (Verified1/25/16)


          None received




          Prepared by:Randy Chinn / T. & H. / (916) 651-4121
          1/26/16 16:39:33


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