BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB  1220
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  wolk
                                                         VERSION: 2/18/10
          Analysis by: Carrie Cornwell                   FISCAL:  no
          Hearing date: May 4, 2010                          URGENCY: YES







          SUBJECT:

          Emergency vehicles: fire apparatus

          DESCRIPTION:

          This bill expands the list of vehicles exempt from size and  
          weight limits in state law to include vehicles that are used to  
          transport personnel and equipment under emergency conditions, to  
          support the suppression of fires, or to mitigate other hazardous  
          situations.

          ANALYSIS:

          Existing state law establishes maximum length, width, and weight  
          limits for a variety of vehicles and vehicle combinations on the  
          state's roads, as follows:

           The total length of a combination of vehicles (tractor and  
            trailers) is limited to 65 feet; 

           Vehicle width is limited to 102 inches; and 

           Combinations of vehicles may not exceed a total weight of  
            80,000 pounds, while lower maximum weights apply for certain  
            vehicles based on their number of axles and the stances  
            between axles.  

          Existing law exempts authorized emergency vehicles, including  
          fire apparatuses, that a government agency owns and operates  
          from these limitations, but these vehicles, if they were  
          purchased on or after January 1, 1994, must comply with permit  
          requirements that the Department of Transportation (Caltrans)  
          adopts. For purposes of this provision, existing law defines a  




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          "fire apparatus" as a vehicle or combination of vehicles  
          designed, maintained, and used exclusively for the suppression  
          of fires or for fire prevention activities, including vehicles  
          used for transporting water or other fire suppression materials.  


          Existing law specifically excludes from the definition of "fire  
          apparatus" vehicles used in hazardous materials response,  
          dedicated rescue vehicles, command post communications vehicles,  
          passenger vehicles, buses, mobile kitchens, mobile sanitation  
          facilities, and heavy equipment transport vehicles.

           This bill deletes the existing definition of a fire apparatus  
          and instead defines it as "a vehicle  designed to be used under  
          emergency conditions to transport personnel and equipment, or to  
          support the suppression of fires or mitigation of other  
          hazardous situations, consistent with Standard 1901 of the  
          National Fire Protection Association."

          This bill is an urgency measure.
          
          COMMENTS:

           1.Purpose  . The author asserts that the existing definition of  
            "fire apparatus" became obsolete after, in response to the  
            events of September 11, 2001, the federal Office of Homeland  
            Security developed a local response strategy that included the  
            use of emergency response vehicles that are not traditionally  
            considered to be "designed primarily for fire suppression."  
            Such vehicles include hazardous materials vehicles and urban  
            search and rescue vehicles among others. Many of these new and  
            necessary vehicles do not meet California's definition of  
            "fire apparatus" due to their size and weight. Not only does  
            this hinder local agencies' ability to lawfully respond to  
            emergency situations, but it also impairs California's ability  
            to utilize federal grant money to purchase necessary vehicles  
            because many of them are illegal under California's weight  
            law.

            The author notes that Caltrans is in the final stages of  
            updating its regulations to address the recommendations of the  
            federal Office of Homeland Security as well as the National  
            Fire Protection Association. Proponents assert that Caltrans  
            cannot make this final change in its regulations until the  
            statutory definition is changed. The author introduced this  
            bill to accomplish this statutory change, so that the  




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            definition of "fire apparatus" more adequately reflects those  
            types of vehicles that California's fire service agencies use  
            under emergency conditions.
          
           2.National Fire Protection Association  . The National Fire  
            Protection Association (NFPA) is a private, membership  
            organization founded in 1896 to promote the science and  
            improve the methods of fire protection and prevention,  
            electrical safety, and other related safety goals; to obtain  
            and circulate information and promote education and research  
            on these subjects; and to secure the cooperation of its  
            members and the public in establishing proper safeguards  
            against loss of life and property.  Among its primary  
            functions, NFPA develops, publishes, and disseminates more  
            than 300 consensus codes and standards intended to minimize  
            the possibility and effects of fire and other risks, including  
            Standard 1901 which prescribes the attributes of various fire  
            apparatuses.
           
          3.Ever bigger, ever better  ? Oversized vehicles damage roadways  
            and create hazards of their own. For these reasons, these  
            vehicles are either prohibited on public roads or travel there  
            under special permits from Caltrans or the local  
            transportation authority. This bill exempts additional  
            vehicles from these permit requirements and thus allows more  
            oversized vehicles on public roads that would otherwise  
            violate the vehicle size and weight limits in state statute. 

            In response to requests from fire departments, local planning  
            officials sometimes increase the width of local streets to  
            accommodate these ever-larger emergency vehicles. This may be  
            of help when an emergency occurs, but the ever wider streets  
            cause other problems, including higher vehicle speeds that  
            create unsafe conditions for drivers and their passengers,  
            pedestrians, and others using the streets or living nearby. In  
            older neighborhoods, emergency vehicles that grow ever larger  
            become increasingly unwieldy. It may be, therefore,  
            appropriate to ask if the vehicles themselves could be better  
            designed to fit the environment in which emergencies may  
            occur.
          
          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     April 28, 2010)

               SUPPORT:  California Fire Chiefs Association (sponsor)




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                         Fire Districts Association of California  
          (sponsor)
                         Alpine Fire Protection District
                         City of Napa Fire Department
                         Rancho Santa Fe Fire Protection District
                         Scotts Valley Fire Protection District
          
               OPPOSED:  None received.