| Old | New | Differences | |
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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 365Introduced by Assembly Member SchiavoFebruary 03, 2025An act to add Section 768.2 to the Public Utilities Code, relating to public utilities. Chapter 1.5 (commencing with Section 8310) to Division 4.1 of the Public Utilities Code, relating to electricity.LEGISLATIVE COUNSEL'S DIGESTAB 365, as amended, Schiavo. The Justin Kropp Safety Act: Public utilities: electrical utilities: AED availability at worksites.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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 a public utility, local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of thepublic utility, to have an AED available at every worksite that has where electrical utility workers are performing work on 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. those placement, notification, maintenance, testing, and recordkeeping requirements. The bill would provide an exemption from civil liability for a public utility, that the same exemption from civil liability that applies to a person who renders emergency care and treatment to a local publicly owned electric utility and electrical corporation, 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. emergency care or treatment by the use of an AED. The bill would require a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of the utility, to ensure that specified procedures are followed.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.Additionally, by placing additional duties on local publicly owned electric utilities, 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.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 specified reasons.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. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility.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 XIII B 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 XIII B 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 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 365Introduced by Assembly Member SchiavoFebruary 03, 2025An act to add Section 768.2 to the Public Utilities Code, relating to public utilities. Chapter 1.5 (commencing with Section 8310) to Division 4.1 of the Public Utilities Code, relating to electricity.LEGISLATIVE COUNSEL'S DIGESTAB 365, as amended, Schiavo. The Justin Kropp Safety Act: Public utilities: electrical utilities: AED availability at worksites.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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 a public utility, local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of thepublic utility, to have an AED available at every worksite that has where electrical utility workers are performing work on 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. those placement, notification, maintenance, testing, and recordkeeping requirements. The bill would provide an exemption from civil liability for a public utility, that the same exemption from civil liability that applies to a person who renders emergency care and treatment to a local publicly owned electric utility and electrical corporation, 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. emergency care or treatment by the use of an AED. The bill would require a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of the utility, to ensure that specified procedures are followed.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.Additionally, by placing additional duties on local publicly owned electric utilities, 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.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 specified reasons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 28, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 02, 2025 | |
| 8 | 7 | Amended IN Assembly March 28, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 365 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member SchiavoFebruary 03, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Schiavo | |
| 19 | 18 | February 03, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Chapter 1.5 (commencing with Section 8310) to Division 4.1 of the Public Utilities Code, relating to electricity. | |
| 20 | + | An act to add Section 768.2 to the Public Utilities Code, relating to public utilities. Chapter 1.5 (commencing with Section 8310) to Division 4.1 of the Public Utilities Code, relating to electricity. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 365, as amended, Schiavo. The Justin Kropp Safety Act: electrical utilities: AED availability at worksites. | |
| 26 | + | AB 365, as amended, Schiavo. The Justin Kropp Safety Act: Public utilities: electrical utilities: AED availability at worksites. | |
| 28 | 27 | ||
| 29 | - | 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 a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of | |
| 28 | + | Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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 a public utility, local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of thepublic utility, to have an AED available at every worksite that has where electrical utility workers are performing work on 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. those placement, notification, maintenance, testing, and recordkeeping requirements. The bill would provide an exemption from civil liability for a public utility, that the same exemption from civil liability that applies to a person who renders emergency care and treatment to a local publicly owned electric utility and electrical corporation, 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. emergency care or treatment by the use of an AED. The bill would require a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of the utility, to ensure that specified procedures are followed.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.Additionally, by placing additional duties on local publicly owned electric utilities, 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.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 specified reasons. | |
| 30 | 29 | ||
| 31 | - | 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. | |
| 30 | + | Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. 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. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | - | This bill, the Justin Kropp Safety Act, would require a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of | |
| 34 | + | This bill, the Justin Kropp Safety Act, would require a public utility, local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of thepublic utility, to have an AED available at every worksite that has where electrical utility workers are performing work on 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. those placement, notification, maintenance, testing, and recordkeeping requirements. The bill would provide an exemption from civil liability for a public utility, that the same exemption from civil liability that applies to a person who renders emergency care and treatment to a local publicly owned electric utility and electrical corporation, 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. emergency care or treatment by the use of an AED. The bill would require a local publicly owned electric utility and electrical corporation, and an independent contractor or subcontractor of the utility, to ensure that specified procedures are followed. | |
| 36 | 35 | ||
| 37 | 36 | 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. | |
| 38 | 37 | ||
| 39 | - | Because a violation of a commission action implementing the bills requirements would be a crime, the bill would impose a state-mandated local program. | |
| 38 | + | 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. | |
| 40 | 39 | ||
| 41 | 40 | Additionally, by placing additional duties on local publicly owned electric utilities, the bill would impose a state-mandated local program. | |
| 41 | + | ||
| 42 | + | 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. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 46 | + | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 47 | + | ||
| 48 | + | ||
| 42 | 49 | ||
| 43 | 50 | 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. | |
| 44 | 51 | ||
| 45 | 52 | This bill would provide that no reimbursement is required by this act for specified reasons. | |
| 46 | 53 | ||
| 47 | 54 | ## Digest Key | |
| 48 | 55 | ||
| 49 | 56 | ## Bill Text | |
| 50 | 57 | ||
| 51 | - | 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. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an do all of the following:(1) | |
| 58 | + | 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. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility.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 XIII B 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 XIII B 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 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 XIIIB of the California Constitution. | |
| 52 | 59 | ||
| 53 | 60 | The people of the State of California do enact as follows: | |
| 54 | 61 | ||
| 55 | 62 | ## The people of the State of California do enact as follows: | |
| 56 | 63 | ||
| 57 | 64 | SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act. | |
| 58 | 65 | ||
| 59 | 66 | SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act. | |
| 60 | 67 | ||
| 61 | 68 | SECTION 1. This act shall be known, and may be cited, as the Justin Kropp Safety Act. | |
| 62 | 69 | ||
| 63 | 70 | ### SECTION 1. | |
| 64 | 71 | ||
| 65 | - | SEC. 2. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an | |
| 72 | + | SEC. 2. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility. | |
| 66 | 73 | ||
| 67 | 74 | SEC. 2. Chapter 1.5 (commencing with Section 8310) is added to Division 4.1 of the Public Utilities Code, to read: | |
| 68 | 75 | ||
| 69 | 76 | ### SEC. 2. | |
| 70 | 77 | ||
| 71 | - | CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an | |
| 78 | + | CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility. | |
| 72 | 79 | ||
| 73 | - | CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an | |
| 80 | + | CHAPTER 1.5. Worksite Automated External Defibrillators8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility. | |
| 74 | 81 | ||
| 75 | 82 | CHAPTER 1.5. Worksite Automated External Defibrillators | |
| 76 | 83 | ||
| 77 | 84 | CHAPTER 1.5. Worksite Automated External Defibrillators | |
| 78 | 85 | ||
| 79 | - | 8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an | |
| 86 | + | 8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage.(b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code.(c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code.(d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code.(e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur:(1) 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 emergency medical service agency.(2) There is a written plan 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.(f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code.(g) For purposes of this section, all of the following definitions apply:(1) Electrical corporation has the same meaning as defined in Section 218.(2) Local publicly owned electric utility has the same meaning as defined in Section 224.3.(3) Utility means an electrical corporation or local publicly owned electric utility. | |
| 80 | 87 | ||
| 81 | 88 | ||
| 82 | 89 | ||
| 83 | - | 8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an | |
| 90 | + | 8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall have an automated external defibrillator (AED) available at each worksite where electrical utility workers are performing work on electrical transmission or distribution lines of any voltage. | |
| 84 | 91 | ||
| 85 | - | ( | |
| 92 | + | (b) A person who renders emergency care or treatment using the AED is not liable for civil damages pursuant to subdivision (b) of Section 1714.21 of the Civil Code. | |
| 86 | 93 | ||
| 87 | - | (2) 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: | |
| 88 | - | ||
| 89 | - | (A) 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. | |
| 90 | - | ||
| 91 | - | (B) 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. | |
| 92 | - | ||
| 93 | - | (3) Comply with the requirements of Section 1797.196 of the Health and Safety Code. | |
| 94 | - | ||
| 95 | - | (b) A person who who, in good faith and not for compensation, renders emergency care or treatment using the by the use of an AED is not liable for civil damages pursuant to 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. | |
| 96 | - | ||
| 97 | - | (c) When a utility, A utility or an independent contractor or subcontractor of a utility, utility that acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to use and complies with the requirements of subdivision (a) 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. | |
| 94 | + | (c) When a utility, or an independent contractor or subcontractor of a utility, acquires an AED for emergency use, the utility, contractor, or subcontractor shall not be liable for civil damages pursuant to subdivision (d) of Section 1714.21 of the Civil Code. | |
| 98 | 95 | ||
| 99 | 96 | (d) A utility, or an independent contractor or subcontractor of a utility, shall comply with Section 1797.196 of the Health and Safety Code. | |
| 100 | 97 | ||
| 98 | + | (e) A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur: | |
| 101 | 99 | ||
| 100 | + | (1) 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 emergency medical service agency. | |
| 102 | 101 | ||
| 103 | - | (e)A utility, or independent contractor or subcontractor of a utility, shall ensure both of the following occur: | |
| 102 | + | (2) There is a written plan 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. | |
| 103 | + | ||
| 104 | + | (f) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code. | |
| 105 | + | ||
| 106 | + | (g) For purposes of this section, all of the following definitions apply: | |
| 107 | + | ||
| 108 | + | (1) Electrical corporation has the same meaning as defined in Section 218. | |
| 109 | + | ||
| 110 | + | (2) Local publicly owned electric utility has the same meaning as defined in Section 224.3. | |
| 111 | + | ||
| 112 | + | (3) Utility means an electrical corporation or local publicly owned electric utility. | |
| 104 | 113 | ||
| 105 | 114 | ||
| 106 | 115 | ||
| 107 | - | (1)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 emergency medical service agency. | |
| 116 | + | ||
| 117 | + | ||
| 118 | + | (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. | |
| 108 | 119 | ||
| 109 | 120 | ||
| 110 | 121 | ||
| 111 | - | ( | |
| 122 | + | (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). | |
| 112 | 123 | ||
| 113 | 124 | ||
| 114 | 125 | ||
| 115 | - | (d) 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. | |
| 116 | - | ||
| 117 | - | (f) | |
| 126 | + | (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). | |
| 118 | 127 | ||
| 119 | 128 | ||
| 120 | 129 | ||
| 121 | - | (e) Subdivisions (b) and (c) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code. | |
| 122 | - | ||
| 123 | - | (g) | |
| 130 | + | (d)The public utility, and independent contractor or subcontractor of the public utility, shall do both of the following: | |
| 124 | 131 | ||
| 125 | 132 | ||
| 126 | 133 | ||
| 127 | - | (f) For purposes of this section, all of the following definitions apply: | |
| 128 | - | ||
| 129 | - | (1) Electrical corporation has the same meaning as defined in Section 218. | |
| 130 | - | ||
| 131 | - | (2) Local EMS agency means an agency described in Section 1797.200 of the Health and Safety Code. | |
| 132 | - | ||
| 133 | - | (2) | |
| 134 | + | (1)Comply with all regulations governing the placement of the AED. | |
| 134 | 135 | ||
| 135 | 136 | ||
| 136 | 137 | ||
| 137 | - | (3) Local publicly owned electric utility has the same meaning as defined in Section 224.3. | |
| 138 | - | ||
| 139 | - | (3) | |
| 138 | + | (2)Ensure all of the following: | |
| 140 | 139 | ||
| 141 | 140 | ||
| 142 | 141 | ||
| 143 | - | (4) Utility means an electrical corporation or local publicly owned electric utility. | |
| 142 | + | (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. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (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. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (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. | |
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | (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. | |
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | (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. | |
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution. | |
| 165 | + | ||
| 166 | + | ||
| 144 | 167 | ||
| 145 | 168 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 146 | 169 | ||
| 147 | 170 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 148 | 171 | ||
| 149 | 172 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 150 | 173 | ||
| 151 | 174 | ### SEC. 3. |