SB 502: Commuter rail systems: availability of automated external defibrillators: Construction Manager/General Contractor Project delivery method: Metrolink commuter rail projects.

(1)Existing law governing public contracting authorizes regional transportation agencies, as defined, to use the Construction Manager/General Contractor (CM/GC) project delivery method, as specified, to design and construct certain projects if there is an evaluation of the traditional design-bid-build method of construction and of the CM/GC method and the board of the regional transportation agency adopts the CM/GC method in a public meeting. Existing law defines project for these purposes to mean the construction of an expressway that is not on the state highway system, the construction of specified bridges that are not on the state highway system, specified projects in the County of Riverside, and the construction, alteration, repair, rehabilitation, or improvement of the Golden Gate Bridge. Existing law requires that specified information provided to a regional transportation agency under the CM/GC method be verified under oath.

This bill would include in the definition of project a Metrolink commuter rail project. By expanding the scope of the existing crime of perjury, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for Metrolink commuter rail projects.

(2)Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, 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. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use and a health care professional who is involved with the selection, placement, or installation of the AED, as specified.

This bill would require a public entity that operates, or contracts for the operation of, a commuter rail system to ensure that each train has an AED as part of its safety equipment subject to specified requirements, including that the AED be installed by July 1, 2020, except as specified, and to transmit confirmation of its compliance with those requirements in writing to the Public Utilities Commission. The bill would exempt an affected public entity that acquires an AED for emergency care from liability for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity has complied with certain requirements.

(3)By imposing new duties on local public officials, the bill would create a state-mandated local program.

(4)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.