BILL NUMBER: SB 1264	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Leno and Simitian
   (Principal coauthor: Assembly Member Lieu)

                        FEBRUARY 19, 2010

   An act to add Article 2 (commencing with Section 5515) to Chapter
9 of Division 2 of the Public Utilities Code, relating to commercial
airlines.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1264, as introduced, Leno. Commercial airlines: passenger
rights.
   Existing law requires the Public Utilities Commission to require
every commercial air operator, as defined, to procure, and continue
in effect, adequate protection against liability for personal bodily
injuries and property damage as a result of an accident, that may be
imposed by law upon the operator and upon any person using,
operating, or renting an aircraft, as defined, with the permission of
the operator.
   This bill would require, whenever passengers have boarded an
aircraft, as defined, and departure of the aircraft from the airport,
as defined, is delayed by more than 3 hours, or more than 3 hours
have passed following landing of the aircraft and passengers have not
disembarked from the aircraft, that the air carrier, as defined,
provide passengers, as needed, with (1) electrical service that is
sufficient to provide the passengers with fresh air and light, (2)
waste removal service in order to service the holding tanks for
onboard restrooms, and (3) adequate food and drinking water and other
refreshment.
   This bill would require an air carrier to provide clear and
conspicuous notice regarding passenger or consumer complaint contact
information.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 2 (commencing with Section 5515) is added to
Chapter 9 of Division 2 of the Public Utilities Code, to read:

      Article 2.  Airline Passenger Rights


   5515.  As used in this article, the following terms have the
following meanings:
   (a) "Air carrier" means an air carrier providing transportation of
passengers by aircraft as a common carrier certificated by the
Secretary of Transportation under Section 41102 of, or operating
under an exemption granted by the Secretary of Transportation
pursuant to Section 41101 of, Title 49 of the United States Code.
   (b) "Aircraft" means an aircraft as defined in Section 40102 of
Title 49 of the United States Code.
   (c) "Airport" means an air carrier airport as defined in Section
47102 of Title 49 of the United States Code.
   5516.  Whenever passengers have boarded an aircraft and departure
of the aircraft from the airport is delayed by more than three hours,
or whenever more than three hours have passed following landing of
the aircraft, and passengers have not disembarked from the aircraft,
an air carrier shall provide passengers, as needed, with all of the
following:
   (a) Electrical service that is sufficient to provide the
passengers with fresh air and light.
   (b) Waste removal service in order to service the holding tanks
for onboard restrooms.
   (c) Adequate food and drinking water and other refreshment.
   5517.  (a) An air carrier shall provide clear and conspicuous
notice regarding passenger or consumer complaint contact information
by providing forms and placing signs at all airport service desks and
other appropriate areas in the airport as necessary.
   (b) The notice shall include, but need not be limited to, both of
the following:
   (1) The telephone number and mailing address of the employee or
officer of the air carrier in charge of consumer complaints and the
telephone number and mailing address of the Office of Aviation
Enforcement and Proceedings of the United States Department of
Transportation.
   (2) An explanation of the rights of airline passengers.