CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 365Introduced by Assembly Member SchiavoFebruary 03, 2025 An act to add Section 768.2 to the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGESTAB 365, as introduced, Schiavo. The Justin Kropp Safety Act: Public utilities: AED availability at worksites.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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.This bill, the Justin Kropp Safety Act, would require a public utility, and an independent contractor or subcontractor of the public utility, to have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) and would require the public utility, and the independent contractor or subcontractor of the public utility, to comply with certain standards and ensure specified procedures are followed. The bill would provide an exemption from civil liability for a public utility, and an independent contractor or subcontractor of the public utility, or a person when the person renders emergency care or treatment through the use, attempted use, or nonuse of an AED, except in case of gross negligence or willful or wanton misconduct by the person rendering aid. By creating a new crime, this bill would impose a state-mandated local program.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.Because the provisions of this bill would be part of the act and because a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.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.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act.SEC. 2. Section 768.2 is added to the Public Utilities Code, to read:768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 365Introduced by Assembly Member SchiavoFebruary 03, 2025 An act to add Section 768.2 to the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGESTAB 365, as introduced, Schiavo. The Justin Kropp Safety Act: Public utilities: AED availability at worksites.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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.This bill, the Justin Kropp Safety Act, would require a public utility, and an independent contractor or subcontractor of the public utility, to have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) and would require the public utility, and the independent contractor or subcontractor of the public utility, to comply with certain standards and ensure specified procedures are followed. The bill would provide an exemption from civil liability for a public utility, and an independent contractor or subcontractor of the public utility, or a person when the person renders emergency care or treatment through the use, attempted use, or nonuse of an AED, except in case of gross negligence or willful or wanton misconduct by the person rendering aid. By creating a new crime, this bill would impose a state-mandated local program.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.Because the provisions of this bill would be part of the act and because a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.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.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 365
Introduced by Assembly Member SchiavoFebruary 03, 2025
Introduced by Assembly Member Schiavo
February 03, 2025
An act to add Section 768.2 to the Public Utilities Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 365, as introduced, Schiavo. The Justin Kropp Safety Act: Public utilities: AED availability at worksites.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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.This bill, the Justin Kropp Safety Act, would require a public utility, and an independent contractor or subcontractor of the public utility, to have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) and would require the public utility, and the independent contractor or subcontractor of the public utility, to comply with certain standards and ensure specified procedures are followed. The bill would provide an exemption from civil liability for a public utility, and an independent contractor or subcontractor of the public utility, or a person when the person renders emergency care or treatment through the use, attempted use, or nonuse of an AED, except in case of gross negligence or willful or wanton misconduct by the person rendering aid. By creating a new crime, this bill would impose a state-mandated local program.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.Because the provisions of this bill would be part of the act and because a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.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.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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.
This bill, the Justin Kropp Safety Act, would require a public utility, and an independent contractor or subcontractor of the public utility, to have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) and would require the public utility, and the independent contractor or subcontractor of the public utility, to comply with certain standards and ensure specified procedures are followed. The bill would provide an exemption from civil liability for a public utility, and an independent contractor or subcontractor of the public utility, or a person when the person renders emergency care or treatment through the use, attempted use, or nonuse of an AED, except in case of gross negligence or willful or wanton misconduct by the person rendering aid. By creating a new crime, this bill would impose a state-mandated local program.
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.
Because the provisions of this bill would be part of the act and because a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act.SEC. 2. Section 768.2 is added to the Public Utilities Code, to read:768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act.
SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act.
SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act.
### SECTION 1.
SEC. 2. Section 768.2 is added to the Public Utilities Code, to read:768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.
SEC. 2. Section 768.2 is added to the Public Utilities Code, to read:
### SEC. 2.
768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.
768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.
768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:(1) Comply with all regulations governing the placement of the AED.(2) Ensure all of the following:(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.
768.2. (a) Each public utility, and independent contractor or subcontractor of the public utility, shall have available at every worksite that has transmission or distribution lines of any voltage an automatic external defibrillator (AED) pursuant to this section.
(b) A person who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an AED, except as provided in subdivision (e).
(c) When a person uses, does not use, or attempts to use an AED consistent with the requirements of this section to render emergency care or treatment, the public utility, and independent contractor or subcontractor of the utility, is not liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an AED, except as provided in subdivision (e).
(d) The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following:
(1) Comply with all regulations governing the placement of the AED.
(2) Ensure all of the following:
(A) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
(B) The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days.
(C) A person who renders emergency care or treatment to a person in cardiac arrest by using the AED activates the emergency medical services system as soon as possible and reports the use of the AED to the local EMS agency.
(D) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of the AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of the emergency medical services system at the start of AED procedures.
(e) Subdivisions (b) and (c) shall not apply when personal injury or wrongful death results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only 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 XIIIB of the California Constitution.
### SEC. 3.