| Last Version Text |
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<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:ActionText>FILED</ns0:ActionText>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Schiavo</ns0:AuthorText>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Schiavo</ns0:Name>
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<ns0:Title>An act to add Chapter 1.5 (commencing with Section 8310) to Division 4.1 of the Public Utilities Code, relating to electricity.</ns0:Title>
<ns0:RelatingClause>electricity</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>The Justin Kropp Safety Act: electrical utilities: AED availability at worksites.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing board. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act authorizes the commission, after a hearing, to require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and authorizes the commission to prescribe the installation, use, maintenance, and operation of appropriate safety or other devices or appliances.</html:p>
<html:p>Existing law requires a person
or entity that acquires an automated external defibrillator (AED) to comply with all regulations governing the placement of an AED, notify an agent of the local emergency medical service agency of the existence, location, and type of AED acquired, ensure the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer, ensure that the AED is tested at least biannually and after each use, ensure that a specified inspection is made of all AEDs on the premises at least every 90 days, and ensure that records of this maintenance and testing are maintained.</html:p>
<html:p> Existing law provides that any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care, except in the case of personal injury or wrongful death that results from the gross negligence
or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.</html:p>
<html:p>This bill, the Justin Kropp Safety Act, would require each utility, which is defined to mean an electrical corporation, electrical cooperative, or local publicly owned electric utility, and an independent contractor or subcontractor of the utility, to have an AED available at every worksite where 2 or more electrical utility workers are performing work on transmission or distribution lines of 601 volts or more (AED requirement). The bill would require the utility, and the independent contractor or subcontractor of the utility, to adopt specified written policies and procedures (policy requirement), and to comply with the placement, notification, maintenance, testing, inspection, and recordkeeping requirements described above.</html:p>
<html:p>This bill would provide that the above-described exemption from civil liability applies to a
person who renders, in good faith and not for compensation, emergency care and treatment by use of an AED. The bill would also apply that exemption to a utility, and an independent contractor or subcontractor of the utility, that acquires an AED for emergency use, makes reasonable efforts to comply with the AED and policy requirements, and complies with the above-described placement, notification, maintenance, testing, inspection and recordkeeping requirements. The bill would not apply the civil liability exemption in case of gross negligence or willful or wanton misconduct by the person rendering emergency care or treatment by the use of an AED.</html:p>
<html:p>Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.</html:p>
<html:p>Because a violation of a commission action implementing the bill’s requirements would be a crime, the bill would impose a
state-mandated local program.</html:p>
<html:p>Additionally, by placing additional duties on local publicly owned electric utilities, the bill would impose a state-mandated local program.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for specified reasons.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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<html:p>This act shall be known, and may be cited, as the Justin Kropp Safety Act.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, to read:
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<ns0:Num>1.5.</ns0:Num>
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<ns0:LawHeadingText>Worksite Automated External Defibrillators</ns0:LawHeadingText>
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<ns0:Num>8310.</ns0:Num>
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<html:p>
(a)
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Each utility, and independent contractor or subcontractor of a utility, shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Have an automated external defibrillator (AED) available for emergency use at each worksite where two or more electrical utility workers are performing work on electrical transmission or distribution lines of 601 volts or more.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adopt, consistent with its duty to furnish and use safety devices and safeguards as required by Section 6401 of the Labor Code and as part of its injury prevention program that conforms to the requirements of Section 6401.7 of the Labor Code, a written program of policies and procedures to ensure both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED shall activate the emergency medical services system as soon as possible and report the use of the AED to the local EMS agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All employees, contractors, and subcontractors shall be trained on the use of an AED and the procedures to be followed in the event of an emergency, including, but not limited to, the requirement to activate the emergency medical services system as soon as possible and report the use of the AED to the local EMS agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each utility, and independent contractor or subcontractor of a utility, shall comply with the requirements of Section 1797.196 of the Health and Safety Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person who, in good faith and not for
compensation, renders emergency care or treatment by the use of an AED is not liable for civil damages resulting from any acts or omissions of the person rendering the emergency care as provided in subdivision (b) of Section 1714.21 of the Civil Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A utility or an independent contractor or subcontractor of a utility that acquires an AED for emergency use, makes reasonable efforts to comply with the requirements of subdivision (a), and complies with subdivision (b), is not liable for any civil damages resulting from the emergency use of the AED as provided in subdivision (d) of Section 1714.21 of the Civil Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A person who renders emergency treatment by means of an AED and is not compensated for doing so, but receives compensation for other actions as a result of their unrelated employment, does not render emergency medical care “for compensation.”
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Subdivisions (c) and (d) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.
</html:p>
<html:p>
(g)
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For purposes of this section, all of the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Electrical cooperative” has the same meaning as defined in Section 2776.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Electrical corporation” has the same meaning as defined in Section 218.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local EMS agency” means an agency described in Section 1797.200 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Local publicly owned electric utility” has the same meaning as defined in Section 224.3.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Utility” means an
electrical corporation, electrical cooperative, or local publicly owned electric utility.
</html:p>
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<ns0:BillSection id="id_3F8DF91A-0F6F-41B6-BF46-966B7E02AD43">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
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|
| Last Version Text Digest |
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing board. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act authorizes the commission, after a hearing, to require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and authorizes the commission to prescribe the installation, use, maintenance, and operation of appropriate safety or other devices or appliances. Existing law requires a person or entity that acquires an automated external defibrillator (AED) to comply with all regulations governing the placement of an AED, notify an agent of the local emergency medical service agency of the existence, location, and type of AED acquired, ensure the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer, ensure that the AED is tested at least biannually and after each use, ensure that a specified inspection is made of all AEDs on the premises at least every 90 days, and ensure that records of this maintenance and testing are maintained. Existing law provides that any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. This bill, the Justin Kropp Safety Act, would require each utility, which is defined to mean an electrical corporation, electrical cooperative, or local publicly owned electric utility, and an independent contractor or subcontractor of the utility, to have an AED available at every worksite where 2 or more electrical utility workers are performing work on transmission or distribution lines of 601 volts or more (AED requirement). The bill would require the utility, and the independent contractor or subcontractor of the utility, to adopt specified written policies and procedures (policy requirement), and to comply with the placement, notification, maintenance, testing, inspection, and recordkeeping requirements described above. This bill would provide that the above-described exemption from civil liability applies to a person who renders, in good faith and not for compensation, emergency care and treatment by use of an AED. The bill would also apply that exemption to a utility, and an independent contractor or subcontractor of the utility, that acquires an AED for emergency use, makes reasonable efforts to comply with the AED and policy requirements, and complies with the above-described placement, notification, maintenance, testing, inspection and recordkeeping requirements. The bill would not apply the civil liability exemption in case of gross negligence or willful or wanton misconduct by the person rendering emergency care or treatment by the use of an AED. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. |