California 2009 2009-2010 Regular Session

California Senate Bill SB1264 Introduced / Bill

Filed 02/19/2010

 BILL NUMBER: SB 1264INTRODUCED 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.