Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Transportation Traffic Safety Administration. A violation of these provisions is a crime.

This bill would require, on or before January 1, 2020, the State Department of Education, the Department of the California Highway Patrol, and any other appropriate or necessary entities to form a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire schoolbus fleets equipped with passenger restraint systems on or before January 1, 2023. The bill would encourage a school district to comply with the January 1, 2023, passenger safety restraint plan either through retrofitting existing schoolbuses or purchasing new schoolbuses. The bill would require, on or before January 1, 2019, the governing board of a school district to complete an inventory of the school districts schoolbuses that includes specified information and to report this information to the State Department of Education. Because a violation of the bills requirements would be a crime and by imposing additional duties on school districts, 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Transportation Safety Administration. A violation of these provisions is a crime.

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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires that school buses schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California have a passenger restraint system, be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Transportation Safety Administration. A violation of these provisions is a crime.

This bill would declare the intent of the Legislature to enact legislation to require school buses to be retrofitted with passenger restraint systems. The bill also would make technical, nonsubstantive changes to those provisions. instead require all schoolbuses purchased or leased for use in California to be equipped with a passenger restraint system at all designated seating positions on or before January 1, 2020. The bill would require the State Department of Education, the Department of the California Highway Patrol, and any other appropriate entities to form a task force to develop a plan to oversee and ensure compliance with the January 1, 2020, target date for the passenger safety restraint requirement. The bill would also require the governing board of a school district and any other appropriate entities to utilize specified existing programs for which it is eligible to incentivize and ensure their compliance with the January 1, 2020, target date for the passenger safety restraint requirement. By changing the definition of a crime and imposing additional duties on school districts, the bill would impose a state-mandated local program.

Existing law requires that school buses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California have a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Transportation Safety Administration.

This bill would declare the intent of the Legislature to enact legislation to require school buses to be retrofitted with passenger restraint systems. The bill also would make technical, nonsubstantive changes to those provisions.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 692 (Chu) - Schoolbuses: passenger restraint systems

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires school districts to complete an inventory of their school buses, including whether they have passenger restraint systems, and requires the California Department of Education (CDE), the California Highway Patrol (CHP), and any other appropriate or necessary entities, to formulate a plan to get all school buses equipped with restraint systems by January 1, 2023.

Fiscal Impact:

• Minor and absorbable costs for the CDE and CHP to participate in the workgroup and formulate a plan for school districts to have their entire fleet of school buses equipped with passenger restraint systems and report to the Legislature.
• Potential reimbursable state mandate, likely to be minor, for school districts to complete the required inventory of their school buses and report this information to the CDE.
• Unknown Proposition 98 General Fund cost pressure, potentially in the high tens of millions to up to one hundred million dollars, for the state to replace or retrofit all of the remaining school buses that do not have passenger restraints. In the past, the state has assisted school districts with the cost of school bus replacement by providing grants for this purpose.

Background:

Existing federal law requires that small school buses (10,000 pounds or less) be equipped with a seatbelt assembly at each seating position.

Existing state law requires school buses purchased or leased for use in California to have a combination pelvic and upper torso passenger restraint system at all seating positions if manufactured after either July 1, 2004, or July 1, 2005, depending on the type. Further, existing law requires all passengers in a school bus equipped with passenger restraint systems to use them.

Proposed Law:

This bill requires the governing board of a school district to complete and report to the CDE, on or before January 1, 2019, an inventory of the school district’s school buses, including the year, model, and make of the school buses and whether they are equipped with passenger restraint systems.

Further, this bill requires the CDE, the CHP, and any other appropriate or necessary entities to form, on or before January 1, 2020, a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire school bus fleets equipped with passenger restraint systems on or before January 1, 2023.

This bill encourages a school district to comply with the January 1, 2023, passenger safety restraint plan by doing either of the following: retrofitting school buses already in its fleet with passenger restraint systems at all designated seating positions; or purchasing new school buses that are equipped with passenger restraint systems at all designated seating positions.

This bill allows the governing board of a school district and any other appropriate entities to utilize existing programs for which they are eligible to incentivize and ensure their compliance with the January 1, 2023, passenger safety restraint plan, including, but not limited to, both of the following: the State Air Resources Board’s Lower-Emission School Bus Program or the CHP’s School Bus Program.

This bill defines “passenger restraint system” to mean either of the following:

1. A restraint system that is in compliance with Federal Motor Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with Federal Motor Vehicle Safety Standard (FMVSS) 210, as those standards were in effect on the date the school bus was manufactured.
2. A restraint system certified by the school bus manufacturer that is in compliance with FMVSS 222 and incorporates a type 2 lap/shoulder restraint system.

Finally, this bill prohibits a person, school district, or organization from being charged for a violation of this code or a regulation adopted thereunder requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.

Related Legislation:

SB 20 (Hill, 2017) requires drivers and passengers of buses to wear seat belts, if available, including charter-party carrier buses. SB 20 is pending in the Assembly Appropriations Committee.

SB 568 (Morrow, Chapter 581 of the Statutes of 2001) required school buses purchased or leased for use in California to have pelvic and upper torso passenger restraint systems by July 1, 2004, or July 1, 2005, depending on the type of school bus.

Staff Comments:

According to the CHP, the number of school buses with passenger restraint systems has increased steadily since requirements went into effect. The percentage of school buses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on these numbers, the CHP estimates that by 2025, around 90 percent of school buses could be equipped with restraint systems. Since this bill requires CDE and the CHP to formulate a plan to reach 100 percent by 2023, there could be significant cost pressure for the state to replace or retrofit all of the remaining school buses that do not have passenger restraints. The cost to replace just three to five percent of the existing fleet of school buses statewide could be in the high tens of millions to one hundred million dollars. In the past the state has assisted school districts with the cost of school bus replacement by providing grants for this purpose.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 692 Hearing Date: July 12, 2017

Subject: Schoolbuses: passenger restraint systems

SUMMARY

This bill requires the governing board of a school district to complete an inventory of their school buses, including whether they have passenger restraint systems, and requires the California Department of Education, the California Highway Patrol, and any other appropriate or necessary entities, to formulate a plan to get all school buses equipped with restraint systems by January 1, 2023.

BACKGROUND

Existing federal law requires that small school buses (10,000 pounds or less) be equipped with a seatbelt assembly at each seating position.

Existing state law:

1) Authorizes the governing board of any school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor.

(Education Code §38900)

2) Authorizes the governing board to purchase or rent and provide for the upkeep, care, and operation of vehicles, or to contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or to contract with and pay responsible private parties for the transportation. (EC § 38900)

3) Requires school buses purchased or leased for use in California to have a combination pelvic and upper torso passenger restraint system at all seating positions if manufactured after either July 1, 2004, or July 1, 2005, depending on the type. (Vehicle Code § 27316)

4) Requires all passengers in a school bus equipped with passenger restraint systems to use them. (Title 5, California Code of Regulations, § 14105)

5) Requires all students from prekindergarten through 8th grade who receive home-to-school transportation to receive, at least once each school year, safety instruction on the use of passenger restraint systems. (EC § 39381.5)

6) Requires passenger restraint system instruction to include, at least, proper fastening and release, acceptable placement on the students, times at which they should be fastened and released, and acceptable placement when they’re not in use. (EC § 39381.5)

7) Requires the California Highway Patrol (CHP) to inspect every school bus at least once per school year to ascertain whether its construction, design, equipment, and color comply with all provisions of law. (VC § 2807)

8) Prohibits charging any person, school district, or organization for a seat belt violation with relation to school buses equipped with passenger restraint systems. (VC § 27316)

ANALYSIS

This bill requires the governing board of a school district to complete an inventory of their school buses, including whether they have passenger restraint systems, and requires the California Department of Education (CDE), the CHP, and any other appropriate or necessary entities, to formulate a plan to get all school buses equipped with restraint systems by January 1, 2023. Specifically, this bill:

1) Requires the governing board of a school district to complete and report to the CDE, on or before January 1, 2019, an inventory of the school district’s school buses, including the year, model, and make of the school buses and whether they are equipped with passenger restraint systems.

2) Requires the CDE, the CHP, and any other appropriate or necessary entities to form, on or before January 1, 2020, a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire school bus fleets equipped with passenger restraint systems on or before January 1, 2023.

3) Encourages a school district to comply with the January 1, 2023, passenger safety restraint plan by doing either of the following:

a) Retrofitting school buses already in its fleet with passenger restraint systems at all designated seating positions.

b) Purchasing new school buses that are equipped with passenger restraint systems at all designated seating positions.

4) Allows the governing board of a school district and any other appropriate entities to utilize existing programs for which they are eligible to incentivize and ensure their compliance with the January 1, 2023, passenger safety restraint plan, including, but not limited to, both of the following:

a) The State Air Resources Board’s Lower-Emission School Bus Program.

b) The Department of the CHP’s School Bus Program.

5) Defines “passenger restraint system” to mean either of the following:

a) A restraint system that is in compliance with Federal Motor Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with Federal Motor Vehicle Safety Standard (FMVSS) 210, as those standards were in effect on the date the school bus was manufactured.

b) A restraint system certified by the school bus manufacturer that is in compliance with FMVSS 222 and incorporates a type 2 lap/shoulder restraint system.

6) Prohibits a person, school district, or organization from being charged for a violation of this code or a regulation adopted thereunder requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.

STAFF COMMENTS

1. Need for the bill. According to the author, “According to data from the California Highway Patrol, in 2016 only 54 percent (or 10,710 out of 19,690 school buses) are currently equipped with seat belts. While this is a significant jump from 2007, when only 7.3 percent (or 1,900 out of 25,822) school buses were equipped with seat belts, it still leaves 46 percent of all students who use school transportation more vulnerable than those with seat belts. Although progress has been made on this issue as a result of the legislation mandating all school buses manufactured after 2004 or 2005 (depending on school bus capacity and weight) be equipped with seat belts, it is still the case that close to only half of all school buses in California currently are equipped with seat belts.”
2. Bus accidents. In a January 2017 report, the National Highway Traffic Safety Administration (NHTSA) found that from 2006 to 2015, school-transportation-related fatal crashes represented 0.4 percent (1,172) of the 324,710 total fatal motor vehicle traffic crashes in the United States. Of the 1,313 school-transportation-related fatalities, 9 percent were occupants of the school transportation vehicle, 20 percent were outside the vehicle, and 72 percent were occupants in the other vehicles involved in the crash. According to NHTSA, students are at the most risk while boarding or departing the bus. Between 2006 and 2015, 54 school-age (18 and under) occupants of school transportation vehicles died in school-related crashes while 102 school-age pedestrians died in school-related crashes. On average, 5 school vehicle drivers and 6 school vehicle passengers of all ages die each year in school-transportation-related crashes, while 17 pedestrians are fatally struck per year by a school vehicle.
3. Bus design. According to NHTSA, due to the large size and heft of school buses (over 10,000 pounds), impact forces are distributed much differently from smaller passenger vehicles. NHTSA determined that the best way to protect children on large school buses was through compartmentalization – packing strong seats closely together with high-backed, cushioned seats designed to take an impact. While this may provide protection for many scenarios, passenger restraint systems can be especially important in rollover events or side impacts. In November, 2015, the then NHTSA Administrator, Mark Rosekind, stated explicitly that National Highway Traffic Safety Administration (NHTSA) believes that seat belts save lives, that school buses should have seat belts, and that manufacturers don’t have to wait for a federal mandate before installing them on school buses.
4. Who bears the costs? According to the California Highway Patrol (CHP), the number of school buses with passenger restraint systems has increased steadily since requirements went into effect. The percentage of school buses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on these numbers, CHP estimates that by 2025, around 90 percent of school buses could be equipped with restraint systems. This bill requires CHP along with the Department of Education to formulate a plan to reach 100 percent by 2023.

According to the Assembly Appropriations Committee, in additional to general fund and special fund (Motor Vehicle Account) costs in the tens of thousands of dollars for the California Department of Education and the CHP to develop the required report and unknown costs for a potential state mandate, likely in the tens of thousands of dollars, for school districts to report the required information, there would be “state cost pressure to replace or retrofit remaining schoolbuses that do not have passenger restraints. In the past the state has assisted school districts with the cost of schoolbus replacement by providing grant funds.”

Existing law authorizes school districts to charge fees for transportation to and from school, and transportation between school and regional occupational centers, programs or classes, as long as (1) the fee does not exceed the statewide average nonsubsidized cost per pupil; (2) there is a waiver provision based on financial need; and (3) fees are not charged to pupils with disabilities whose Individualized Education Program (IEP) includes transportation as a related service necessary for them to receive a free appropriate public education. If the state does not provide sufficient future grant funding and school districts increase their schoolbus replacement rate to attain the 100 percent goal by 2023, parents could face higher fees for pupil transportation.

1. Related and previous legislation. SB 20 (Hill, 2017) requires drivers and passengers of buses to wear seat belts, if available, including charter-party carrier buses. SB 20 is pending in the Assembly Appropriations Committee.

SB 568 (Morrow, Chapter 581 of the Statutes of 2001) required school buses purchased or leased for use in California to have pelvic and upper torso passenger restraint systems by July 1, 2004, or July 1, 2005, depending on the type of school bus.

AB 15 (Gallegos, Chapter 648 of the Statutes of 1999) required all school buses in California that are manufactured after January 1, 2002, to be equipped with passenger restraint systems, at all designated seating positions, unless specifically prohibited by the NHTSA.

SUPPORT

American Academy of Pediatrics

Consumer Attorneys of California

OPPOSITION

None received

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 692 Hearing Date: 6/27/2017

SUBJECT: Schoolbuses: passenger restraint systems.

DIGEST: This bill requires the governing board of a school district to complete an inventory of their school buses, including whether they have passenger restraint systems, and requires the State Department of Education along with the California Highway Patrol to formulate a plan to get all school buses equipped with restraint systems by January 1, 2023.

ANALYSIS:

Existing federal law requires that small school buses (10,000 pounds or less) be equipped with a seatbelt assembly at each seating position.

Existing state law:

1. Requires school buses purchased or leased for use in California to have a combination pelvic and upper torso passenger restraint system at all seating positions if manufactured after either July 1, 2004 or July 1, 2005, depending on the type.
2. Requires all passengers in a school bus equipped with passenger restraint systems to use them.
3. Requires all students from prekindergarten through 8^th grade who receive home-to-school transportation to receive, at least once each school year, safety instruction on the use of passenger restraint systems.
4. Requires passenger restraint system instruction to include, at least, proper fastening and release, acceptable placement on the students, times at which they should be fastened and released, and acceptable placement when they’re not in use.
5. Requires the California Highway Patrol (CHP) to inspect every school bus at least once per school year to ascertain whether its construction, design, equipment, and color comply with all provisions of law.
6. Prohibits charging any person, school district, or organization for a seat belt violation with relation to school buses equipped with passenger restraint systems.

This bill:

1. Requires the governing board of a school district to complete and report to the State Department of Education, on or before January 1, 2019, an inventory of the school district’s school buses, including the year, model, and make of the school buses and whether they are equipped with passenger restrain systems.
   
2. Requires the State Department of Education, CHP, and any other appropriate or necessary entities to form, on or before January 1, 2020, a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire school bus fleets equipped with passenger restraint systems on or before January 1, 2023.
   
3. Encourages a school district to comply with the January 1, 2023 passenger safety restraint plan by doing either of the following:
   
   1. Retrofitting school buses already in its fleet with passenger restraint systems at all designated seating positions.
   2. Purchasing new school buses that are equipped with passenger restraint systems at all designated seating positions.
      
4. Allows the governing board of a school district and any other appropriate entities to utilize existing programs for which they are eligible to incentivize and ensure their compliance with the January 1, 2023, passenger safety restraint plan formulated pursuant to subdivision (b), including, but not limited to, both of the following:
   
   1. The State Air Resources Board’s Lower-Emission School Bus Program.
   2. The Department of the California Highway Patrol’s School Bus Program.
      
5. Defines “passenger restraint system” to mean either of the following:
   
   1. A restraint system that is in compliance with Federal Motor Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with Federal Motor Vehicle Safety Standard (FMVSS) 210, as those standards were in effect on the date the school bus was manufactured.
   2. A restraint system certified by the school bus manufacturer that is in compliance with FMVSS 222 and incorporates a type 2 lap/shoulder restraint system.
      
6. Prohibits a person, school district, or organization from being charged for a violation of this code or a regulation adopted thereunder requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.
   

COMMENTS:

1. Purpose. According to the author, “The author’s intent regarding this bill is to ensure that all students have equal access to the safest form of school transportation — which, according to various studies, can reduce injuries, prevent fatalities, and lower disciplinary incidents — while taking into consideration the limitations placed on local school districts as a result of school transportation budgets. By providing a timeline and plan for school districts to meet the goal of having all school buses equipped with three-point seat belts by January 1, 2023, this bill is a measured strategy to reduce injuries and save lives for all students in California.”
   
2. Buckling up. In California, new school buses purchased or leased since 2005 have been required to have passenger restrain systems. Further, federal law requires small school buses (10,000 pounds or less) to have lap and/or lap and shoulder safety belts at all seating positions. Therefore, as school districts buy new buses or replace their old fleet, the number of school buses with seatbelts will increase. According to CHP, the number of school buses with passenger restraint systems has increased steadily since these laws went into effect. The percentage of school buses equipped with restraint systems increased from around 7.4% (1,900 out of 25,822) in 2007 to around 54.4% (10,710 out of 19,690) in 2016. Based on these numbers, CHP estimates that by 2025, around 90% of school buses could be equipped with restraint systems. This bill requires CHP along with the Department of Education to formulate a plan to reach 100% by 2023.
   
3. Bus accidents. In a recent report^[1], the National Highway Traffic Safety Administration (NHTSA) found that from 2006 to 2015, school-transportation-related fatal crashes represented 0.4% (1,172) of the 324,710 total fatal motor vehicle traffic crashes in the United States. Of the 1,313 school-transportation-related fatalities, 9% were occupants of the school transportation vehicle, 20% were outside the vehicle, and 72% were occupants in the other vehicles involved in the crash. According to NHTSA, students are at the most risk while boarding or departing the bus. Between 2006 and 2015, 54 school-age (18 and under) occupants of school transportation vehicles died in school-related crashes while 102 school-age pedestrians died in school-related crashes. On average, 5 school vehicle drivers and 6 school vehicle passengers of all ages die each year in school-transportation-related crashes, while 17 pedestrians are fatally struck per year by a school vehicle.
   
4. Bus design. According to NHTSA, due to the large size and heft of school buses (over 10,000 pounds), impact forces are distributed much differently from smaller passenger vehicles. NHTSA determined that the best way to protect children on large school buses was through compartmentalization – packing strong seats closely together with high-backed, cushioned seats designed to take an impact. While this may provide protection for many scenarios, passenger restraint systems can be especially important in rollover events or side impacts. In November, 2015, the then NHTSA Administrator Mark Rosekind stated explicitly that NHTSA believes that seat belts save lives, that school buses should have seat belts, and that manufacturers don’t have to wait for a federal mandate before installing them on school buses. According to their website, NHTSA is currently without an administrator.
   
5. Costs. In November of 2016, NHTSA required all newly manufactured buses over 26,000 pounds as well as all new over-the-road buses (those that contain a baggage compartment below an elevated passenger platform as commonly used by carriers like Greyhound) to have driver and passenger seat belts, but excluded transit, school, and non-over-the-road prison and perimeter-seating (fewer than two rows of forward-facing seats) buses. NHTSA gave serious consideration to requiring the retrofit of old buses with seat belts, but determined that it would be cost-prohibitive for smaller entities, at $14,650 to $40,000 per vehicle, and found that their safety benefit is entirely dependent on their use rate, which is typically very low for buses. For school buses, however, seat belts are required to be worn, if available, and the estimated cost is slightly lower. A PBS NewsHour report estimated a cost of $7,000 to $10,000 on a bus that may already cost $80,000 to $120,000.
   
6. Getting the data. This bill will cause the creation of an inventory of school buses statewide. Such an inventory may be useful for identifying where the oldest buses are and whether action is needed to increase the rate of adoption of passenger restraint systems on buses or if those old buses are already intended to be replaced by new bus purchases.
   
7. Quick fix. The author agreed to accept technical amendments to change a reference to the “National Highway Transportation Safety Administration” to the correct title, the “National Highway Traffic Safety Administration.”
   
8. Double referred. This bill is double referred to the Senate Education Committee.

Related Legislation:

SB 20 (Hill, 2017) — would require drivers and passengers of buses to wear seat belts, if available, including charter-party carrier buses. SB 20 is set for hearing in the Assembly Transportation Committee.

SB 568 (Morrow, Chapter 581 of 2001) — Required school buses purchased or leased for use in California to have pelvic and upper torso passenger restraint systems by July 1, 2004 or July 1, 2005 depending on the type of school bus.

AB 15 (Gallegos, Chapter 648 of 1999) — required all school buses in California that are manufactured after January 1, 2002, to be equipped with passenger restraint systems, at all designated seating positions, unless specifically prohibited by the National Highway Traffic Safety Administration.

Assembly Votes:

Floor: 76-0

Appropriations: 17-0

Transportation: 13-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 21, 2017.)

SUPPORT:

American Academy of Pediatrics

Consumer Attorneys of California

OPPOSITION:

None received.

-- END --

1. National Center for Statistics and Analysis. (2017, January). Schooltransportation-related crashes: 2006-2015 data. (Traffic Safety Facts. Report No. DOT HS 812 366). Washington, DC: National Highway Traffic Safety Administration. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 692

Author:(Chu)

As Amended Ver:April 17, 2017

Majority vote

SUMMARY: Requires school districts to provide information to the California Department of Education (CDE) and the California Highway Patrol (CHP) to formulate a plan to have all schoolbuses equipped with passenger restraint systems by January 1, 2023. Specifically, this bill:

1. Makes findings and declarations regarding the importance of seatbelts on schoolbuses and states the intent of the Legislature to encourage all schoolbuses to be equipped with seat belts on or before January 1, 2023, as specified.
2. Requires, on or before January 1, 2019, the governing board of a school district to complete and report to the CDE, an inventory of the district's schoolbuses, including the year, model, and make of the schoolbuses and whether the schoolbuses are equipped at all seating positions with passenger restraint systems.
3. Requires, on or before January 1, 2020, CDE, CHP, and any others to form a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire schoolbus fleets equipped with passenger restraint systems, unless specifically prohibited by the National Highway Traffic Safety Administration (NHTSA), on or before January 1, 2023.
4. Encourages a school district to comply with the plan by either retrofitting schoolbuses already in its fleet or purchasing new schoolbuses, as specified.
5. Authorizes the governing board of a school district and any other appropriate entities to utilize existing programs to comply with the plan, as specified.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. General Fund and special fund (Motor Vehicle Account) costs in the tens of thousands of dollars for CDE and CHP to develop the required report.
2. Unknown costs for a potential state mandate, likely in the tens of thousands of dollars, for school districts to report the required information.
3. State cost pressure to replace or retrofit remaining schoolbuses that do not have passenger restraints. In the past the state has assisted school districts with the cost of schoolbus replacement by providing grant funds.

COMMENTS: According to NHTSA, more than 15,000 lives are saved annually in the United States because drivers and their passengers wear seatbelts when they are involved in crashes. Between 2003 and 2012, NHTSA found that 174 school-age children died in school transportation-related crashes. Although no formal federal recommendations exist, in 2015 the NHTSA administrator stated, "The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA's policy is that every child on every schoolbus should have a three-point seat belt."

In 1999, Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all schoolbuses manufactured after a certain date to be equipped with passenger restraint systems, typically seatbelts. According to CHP, as of 2007, 1,900 out of 25,822 schoolbuses in California, or approximately 7.4%, were equipped with seatbelts. That proportion has since grown, with 10,710 out of 19,690 schoolbuses, or approximately 54.4%, equipped with seatbelts in 2016. This leaves roughly half of California schoolbuses without seatbelts.

This bill would require individual school districts to conduct an inventory of their schoolbus fleets to determine how many of their respective schoolbuses are equipped with seatbelts and report that information to CDE, who would then be required to work with CHP to create a plan for having all schoolbuses equipped with seatbelts by January 1, 2023.

With this bill, the author intends to "ensure that all students have equal access to the safest form of school transportation – which, according to various studies, can reduce injuries, prevent fatalities, and lower disciplinary incidents – while taking into consideration the limitations placed on local school districts as a result of school transportation budgets."

The author cites cases in Chattanooga, Tennessee and in Anaheim, California where schoolbuses were involved in accidents. The Chattanooga schoolbus was not equipped with seatbelts had significant casualties, while the Anaheim schoolbus with seatbelts had no casualties.

Rather than outright mandate all school districts to equip their schoolbuses with seatbelts, which would likely result in large costs to districts who would be required to purchase new buses or retrofit existing buses, this bill would require school districts, CDE, and CHP to collaborate to put forward a plan for achieving maximum seatbelt equipment rates.

Committee concerns: The casualty rates for pupils in schoolbus accidents – 174 nationwide in nearly 10 years – suggest that school bus safety is not necessarily a pressing traffic safety hazard or priority for limited school district resources. While it seems logical to assume that seatbelts enhance safety in all circumstances, schoolbuses are not necessarily unsafe without them. Older buses are traditionally designed to avoid rolling over in an accident, and the seats are padded so as to cushion an impact to the front, back, or sides of a vehicle. Furthermore, in an evacuation scenario, seatbelts might be a challenge to quickly removing all pupils off of a schoolbus, particularly young, elementary school-aged pupils.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0000741

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 692

Author:(Chu) – As Amended Ver:April 17, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires school districts to provide information to the California Department of Education (CDE) and the California Highway Patrol (CHP) to formulate a plan to have all schoolbuses equipped with passenger restraint systems by January 1, 2023. Specifically, this bill:

1. Requires, on or before January 1, 2019, the governing board of a school district to complete and report to the CDE, an inventory of the district’s schoolbuses, including the year, model, and make of the schoolbuses and whether the schoolbuses are equipped at all seating positions with passenger restraint systems.
2. Requires, on or before January 1, 2020, CDE, CHP, and any other appropriate or necessary entities to form a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire schoolbus fleets equipped with passenger restraint systems, unless specifically prohibited by the National Highway Traffic Safety Administration (NHTSA), on or before January 1, 2023.
3. Encourages a school district to comply with the above described plan by either retrofitting schoolbuses already in its fleet or purchasing new schoolbuses, as specified.

FISCAL EFFECT:

1. GF and special fund (Motor Vehicle Account) costs in the tens of thousands of dollars for CDE and CHP to develop the required report.
2. Unknown costs for a potential state mandate, likely in the tens of thousands of dollars, for school districts to report the required information.
3. State cost pressure to replace or retrofit remaining schoolbuses that do not have passenger restraints. In the past the state has assisted school districts with the cost of schoolbus replacement by providing grant funds.

COMMENTS:

1. Background. AB 15 (Gallegos), Chapter 648, Statutes of 1999, required all schoolbuses in California that are manufactured after a certain date to be equipped with passenger restraint systems, typically seat belts. Subsequently, SB 568 (Morrow), Chapter 581, Statutes of 2001, delayed the effective date for the requirement for all schoolbuses to be manufactured with seatbelts. Specifically, SB 568 delayed the effective date to July 1, 2005 for “type 1 schoolbuses” (those that carry more than 16 passengers and are manufactured after July 1, 2005), and July 1, 2004 for “type 2 schoolbuses” (those that carry either up to 16 passengers or 20 passengers, depending on the manufacture date).

Under AB 15 and SB 568, the number of schoolbuses with passenger restraint systems is increasing over time as school districts replace older schoolbuses with newer ones that were manufactured with the required passenger restraint systems. According to CHP, as of 2007, 1,900 out of 25,822 schoolbuses in California were equipped with passenger restraints. As of 2016, CHP reports that 10,710 out of 19,690 schoolbuses, or about 54 percent, were equipped with passenger restraints. Thus, according to CHP, 8,980 schoolbuses did not have passenger restraint systems, as of 2016.

1. Purpose. According to the author, “By providing a timeline and plan for school districts to meet the goal of having all school buses equipped with three-point seat belts by January 1, 2023, this bill is a measured, reasonable strategy to reduce injuries and save lives for all students in California. The bill will also provide more comprehensive data about how many school buses in which school districts are currently equipped without seat belts, and which school buses are not, by requiring school districts to complete an inventory of their school buses by January 1, 2019 and reporting it to the State Department of Education.”

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 17, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 692 (

Author:Chu) – As Amended Ver:April 17, 2017

SUBJECT: Schoolbuses: passenger restraint systems

SUMMARY: Requires school districts to provide information to the California Department of Education (CDE) and the California Highway Patrol (CHP) to formulate a plan to have all schoolbuses equipped with passenger restraint systems by January 1, 2023. Specifically, this bill:

1. Makes findings and declarations regarding the importance of seatbelts on schoolbuses and states the intent of the Legislature to encourage all schoolbuses to be equipped with seat belts on or before January 1, 2023, as specified.
2. Requires, on or before January 1, 2019, the governing board of a school district to complete and report to the CDE, an inventory of the district’s schoolbuses, including the year, model, and make of the schoolbuses and whether the schoolbuses are equipped at all seating positions with passenger restraint systems.
3. Requires, on or before January 1, 2020, CDE, CHP, and any other appropriate or necessary entities to form a stakeholder workgroup to formulate and report to the Legislature a plan for school districts to have their entire schoolbus fleets equipped with passenger restraint systems, unless specifically prohibited by the National Highway Traffic Safety Administration (NHTSA), on or before January 1, 2023.
4. Encourages a school district to comply with the plan by either retrofitting schoolbuses already in its fleet or purchasing new schoolbuses, as specified.
5. Authorizes the governing board of a school district and any other appropriate entities to utilize existing programs to comply with the plan, as specified.

EXISTING LAW:

1. Requires every schoolbus purchased or leased for use in California to be equipped with a combination pelvic and upper torso passenger restraint system at all designated seating positions, if it is one of the following two types, unless specifically prohibited by NHTSA:
   1. A type 1 schoolbus, designed for carrying more than 16 passengers and the driver, manufactured on or after July 1, 2005.
   2. A type 2 schoolbus, designed for carrying not more than 16 passengers or manufactured on or after April 1, 1977, with a gross vehicle weight rating of 10,000 pounds or less and designed for carrying not more than 20 passengers and a driver, manufactured on or after July 1, 2004.
2. Defines a “passenger restraint system”.
3. Prohibits a person, school district, or organization from being charged for a violation of a requirement of a passenger to use a passenger restraint system if a passenger on the schoolbus fails to use or improperly uses the passenger restraint system.
4. States the intent of the Legislature that school pupil transportation providers work to ensure that elementary level school bus passengers receive first priority for new schoolbuses whenever feasible, as specified.

FISCAL EFFECT: Unknown

COMMENTS: According to NHTSA, more than 15,000 lives are saved annually in the United States because drivers and their passengers wear seatbelts when they are involved in crashes. Between 2003 and 2012, NHTSA found that 174 school-age children died in school transportation-related crashes. Although no formal federal recommendations exist, in 2015 the NHTSA administrator stated, “The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every schoolbus should have a three-point seat belt.”

In 1999, Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all schoolbuses manufactured after a certain date to be equipped with passenger restraint systems, typically seatbelts. According to CHP, as of 2007, 1,900 out of 25,822 schoolbuses in California, or approximately 7.4%, were equipped with seatbelts. That proportion has since grown, with 10,710 out of 19,690 schoolbuses, or approximately 54.4%, equipped with seatbelts in 2016. This leaves roughly half of California schoolbuses without seatbelts.

This bill would require individual school districts to conduct an inventory of their schoolbus fleets to determine how many of their respective schoolbuses are equipped with seatbelts and report that information to CDE, who would then be required to work with CHP to create a plan for having all schoolbuses equipped with seatbelts by January 1, 2023.

With this bill, the author intends to “ensure that all students have equal access to the safest form of school transportation – which, according to various studies, can reduce injuries, prevent fatalities, and lower disciplinary incidents – while taking into consideration the limitations placed on local school districts as a result of school transportation budgets.”

The author cites cases in Chattanooga, Tennessee and in Anaheim, California where schoolbuses were involved in accidents. The Chattanooga schoolbus was not equipped with seatbelts had significant casualties, while the Anaheim schoolbus with seatbelts had no casulaties.

Rather than outright mandate all school districts to equip their schoolbuses with seatbelts, which would likely result in large costs to districts who would be required to purchase new buses or retrofit existing buses, this bill would require school districts, CDE, and CHP to collaborate to put forward a plan for achieving maximum seatbelt equipment rates.

Committee concerns: The casualty rates for pupils in schoolbus accidents – 174 nationwide in nearly 10 years – suggest that school bus safety is not necessarily a pressing traffic safety hazard or priority for limited school district resources.

While it seems logical to assume that seatbelts enhance safety in all circumstances, schoolbuses are not necessarily unsafe without them. Older buses are traditionally designed to avoid rolling over in an accident, and the seats are padded so as to cushion an impact to the front, back, or sides of a vehicle. Furthermore, in an evacuation scenario, seatbelts might be a challenge to quickly removing all pupils off of a schoolbus, particularly young, elementary school-aged pupils.

Previous legislation: SB 568 (Morrow), Chapter 581, Statutes of 2001, delayed the effective date for the requirement for all schoolbuses to be manufactured with seatbelts to July 1, 2005 for type 1 schoolbuses, and July 1, 2004 for type 2 schoolbuses.

AB 15 (Gallegos), Chapter 648, Statutes of 1999, required all schoolbuses manufactured on or after a certain date to be equipped with passenger restraint systems.

REGISTERED SUPPORT / OPPOSITION:

Support

Consumer Attorneys of California

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. /