BILL NUMBER: SB 1264 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 12, 2010
INTRODUCED BY Senators Leno and Simitian
(Principal coauthor: Assembly Member Lieu)
( Coauthor: Assembly Member
Torres )
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 amended, Leno. Commercial airlines: passenger rights.
Pursuant to existing law, the federal Department of Transportation
has adopted regulations, that became effective April 29,
2010, requiring air carriers, as defined, to do all of the following:
(1) adopt contingency plans for lengthy tarmac delays that include
specified passenger services and to publish those plans on their
Internet Web site, (2) adopt a customer service plan that addresses
specified matter and audit compliance with the plan, and (3)
designate Advocates for Passengers' Interests and inform consumers
how to file a complaint about scheduled service, acknowledge receipt
of each complaint, and send a substantive response to each
complainant. The regulations make an air carrier's failure to comply
with its contingency plan for lengthy tarmac delays an unfair and
deceptive practice subject to enforcement by the department. The
regulations additionally make unrealistic scheduling of flights and
the holding out of certain chronically delayed flights an unfair and
deceptive practice and an unfair method of competition.
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 2 hours, or more than 2 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. The bill would authorize the commission to levy a civil
penalty of up to $27,500 per passenger upon an air carrier for
violation of the above-described requirements, if the federal
Department of Transportation discontinues levying
no longer has the authority to levy fines pursuant to its
above-described regulations, along with interest upon any unpaid and
delinquent penalty, and requires the commission to pay any moneys
collected through the levy into the General Fund. The commission
would be required to notify the Department of Finance and the
relevant policy and fiscal committees of the Legislature if it
determines the federal Department of Transportation no longer has the
authority to levy fines and conditions the commission's exercise of
its enforcement authority upon the Legislature making an
appropriation for that purpose.
Vote: majority. Appropriation: no. Fiscal committee: yes.
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 two hours,
or whenever more than two 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.
5518. If (a)
Subject to an appropriation pursuant to subdivision (b), if the
federal Department of Transportation discontinues levying
fines on air carriers no longer has the authority to
levy fines upon an air carrier , as authorized by Part 259
(commencing with Section 259.1) or Section 399.81 of Title 14 of the
Code of Federal Regulations, for departing or arriving passenger
aircraft that are delayed on the ground, the commission may levy a
civil penalty of up to twenty-seven thousand five hundred dollars
($27,500) per passenger upon an air carrier for violation of this
article. The commission may also levy interest upon the civil
penalty, which shall be calculated as of the date on which the civil
penalty is unpaid and delinquent. The commission shall deposit all
civil penalties and interest collected pursuant to this section into
the General Fund.
(b) If the commission determines, pursuant to subdivision (a),
that the federal Department of Transportation no longer has the
authority to levy fines upon an air carrier, the commission shall
notify the Department of Finance and the relevant policy and fiscal
committees of the Legislature and request an appropriation sufficient
to enable it to undertake any enforcement activities pursuant to
subdivision (a). The commission shall not exercise its enforcement
authority pursuant to subdivision (a) unless the Legislature makes an
appropriation for that purpose. However, the commission, utilizing
then existing resources and those procedures authorized in Chapter 9
(commencing with Section 1701) of Part 1 of Division 1, may undertake
those preliminary steps necessary to preserve the enforcement
authority of the commission.