BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1220|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1220
          Author:   Wolk (D)
          Amended:  6/28/10 
          Vote:     27 - Urgency

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  8-0, 5/4/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe,  
            Oropeza, Pavley, Simitian
          NO VOTE RECORDED:  Harman

           SENATE FLOOR  :  31-0, 5/10/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,  
            Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,  
            Simitian, Steinberg, Strickland, Walters, Wolk, Wright,  
            Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham, Dutton, Harman, Liu,  
            Oropeza, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  78-0, 8/12/10 (Consent) - See last page  
          for vote


           SUBJECT  :    Vehicles:  emergency vehicles:  fire apparatus

           SOURCE  :     California Fire Chiefs Association 


           DIGEST  :    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  
                                                           CONTINUED





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          under emergency conditions, to support the suppression of  
          fires, or to mitigate other hazardous situations.

           Assembly Amendments  provide that the 15 percent fire  
          apparatus overweight exemption in current law does not  
          apply to supplemental towing and hauling equipment that  
          already exceeds permissible weight limits, and states that  
          this bill does not limit the discretion of the department  
          or a local government to deny an application for an  
          overweight permit on the basis of good cause.

           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:

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

          2. Vehicle width is limited to 102 inches.
           
          3. 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 "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, beginning July 2, 2010, authorizes overweight  
          firetrucks with tandem or tridem axles to receive  
          transportation permits from various public entities to  
          operate on public roads but requires the permit to limit  
          tandem and tridem weights to no more than 15 percent over  
          the weight allowed by law.








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          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:

          1. Deletes the existing definition of a fire apparatus and  
             instead defines it as "a vehicle designed, maintained,  
             and used under emergency conditions to transport  
             personnel and equipment, or for the suppression of fires  
             or mitigation of other hazardous situations, consistent  
             with the 2009 Standard 1901 of the National Fire  
             Protection Association."

          2. Provides that the 15 percent fire apparatus overweight  
             exemption does not apply to supplemental towing and  
             hauling equipment that already exceeds permissible  
             weight limits.

          3. States that this bill does not limit the discretion of  
             the department or a local government to deny an  
             application for an overweight permit on the basis of  
             good cause.

           Comments  

           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.








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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/10/10)

          California Fire Chiefs Association (source)
          Alameda County Fire Department
          Alhambra Fire Department
          Alpine Fire Protection District
          Anaheim Fire Department
          Arcadia Fire Department
          Arcata Fire Protection District
          Barstow Fire Protection District
          Belmont-San Carlos Fire Department
          Benicia Fire Department
          Beverly Hills Fire Department
          Big Bear City Fire Department
          Bodega Bay Fire Protection District
          Brea Fire Department
          Burbank Fire Department
          Calexico Fire Department
          California Professional Firefighters
          California State Firefighters Association EMS Committee
          Cathedral City Fire Department
          Central Calaveras Fire and Rescue District
          Central Valley Fire Chiefs Association
          Chino Valley Fire District
          Cloverdale Fire Protection District
          Corona Fire Department
          Cosumnes Fire Department
          Deer Springs Fire Protection District
          Ebbetts Pass Fire Protection District
          El Dorado Hills Fire Department
          Encinitas Fire Department
          Escondido Fire Department
          Fairfield Fire Department
          Fire Districts Association of California
          Fire Services Training Institute
          Folsom Fire Department
          Forestville Fire Protection District
          Georgetown Fire Protection District
          Golden State Fire Apparatus
          Herald Fire Protection District
          Humboldt No. 1 Fire Protection District







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          Laguna Beach Fire Department
          Lodi Fire Department
          Lompoc Fire Department
          Montebello Fire Department
          Napa Fire Department
          National City Fire Department
          Newberry Springs Fire Department
          North County Fire Authority
          Pasadena Fire Department
          Quincy Fire Protection District
          Rancho Cucamonga Fire Protection District
          Rancho Santa Fe Fire Protection District
          Rincon Valley Fire Protection District
          Riverside County Fire Department
          Russian River Fire Protection District
          Sacramento Metropolitan Fire District
          San Bruno Fire Department
          San Diego County Fire Chiefs' Association
          San Diego County Fire Districts Association
          San Diego Fire Rescue Department
          San Mateo Fire Department
          San Pasqual Fire Department
          Santa Clara County Fire Department
          Santa Maria Fire Department
          Scotts Valley Fire Protection District
          Soledad Fire Department
          South San Francisco Fire Department
          Stanislaus Consolidated Fire Protection District
          UC Davis Fire Department
          Vacaville Fire Protection District
          Valley of the Moon Fire Protection District
          Williams Fire Protection Authority
          Windsor Fire Protection District
                

           ARGUMENTS IN SUPPORT  :    The author's office 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  







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          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's office 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 definition of "fire  
          apparatus" more adequately reflects those types of vehicles  
          that California's fire service agencies use under emergency  
          conditions.
          

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Norby, Vacancy


          JJA:mw  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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