SB 68: Vehicles: safety regulations.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State. Chapter 699, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets the California Highway Patrol adopt rules allowing drivers of large tank trucks carrying flammable fuel to exceed normal driving and on‑duty hour limits during a Governor‑declared state of emergency when the fuel is used to refuel aircraft involved in emergency work, including firefighting. Those extended hours apply only when the fuel transport is done under a contract with the state or the federal government.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.
Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.
This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.
Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.
This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.
Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.
This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in fire suppression or other emergency-related activities, as specified. emergency-related activities, including fire suppression.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.
Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid. liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.
This bill would authorize the department to, by regulation, allow a driver to exceed this limit these limits during a declared state of emergency if transporting aircraft fuel used for refueling aircraft used in fire suppression or other emergency-related activities, as specified.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.
Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid.
This bill would authorize the department to, by regulation, allow a driver to exceed this limit during a declared state of emergency if transporting aircraft fuel used for refueling aircraft used in fire suppression or other emergency-related activities, as specified.
Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.This bill would state the intent of the Legislature to enact legislation relating to local government.Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.
This bill would state the intent of the Legislature to enact legislation relating to local government.
(a)The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b)The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:
(1)(A)The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.
(B)Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.
(2)Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.
(3)(A)A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(B)A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(C)For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.
(4)Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.
(5)A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.
(c)The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1)A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(2)Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3)For purposes of this subdivision, the following terms have the following meanings:
(A)Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B)First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C)Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
(a)The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b)The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:
(1)(A)The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.
(B)Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.
(2)Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.
(3)(A)A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(B)A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(C)For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.
(4)Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.
(5)A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.
(c)The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1)A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(2)Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3)For purposes of this subdivision, the following terms have the following meanings:
(A)Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B)First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C)Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
(a)The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b)The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:
(1)(A)The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.
(B)Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in fire suppression or other emergency-related activities. emergency-related activities, including fire suppression.
(2)Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.
(3)(A)A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(B)A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(C)For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.
(4)Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.
(5)A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.
(c)The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1)A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(2)Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3)For purposes of this subdivision, the following terms have the following meanings:
(A)Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B)First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C)Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
(a)The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b)The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:
(1)(A)The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.
(B)Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport aircraft fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in fire suppression or other emergency-related activities.
(2)A Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.
(3)(A)A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(B)A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(C)For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.
(4)Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.
(5)A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.
(c)The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1)A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(2)Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3)For purposes of this subdivision, the following terms have the following meanings:
(A)Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B)First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C)Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
(a)The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b)The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:
(1)(A)The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.
(B)Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) during a state of emergency declared by the Governor when operating within the state to transport aircraft fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in fire suppression or other emergency-related activities.
(2)A motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.
(3)(A)A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(B)A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in his or her their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(C)For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.
(4)Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.
(5)A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.
(c)The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1)A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in his or her their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(2)Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3)For purposes of this subdivision, the following terms have the following meanings:
(A)Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B)First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C)Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
SECTION 1.It is the intent of the Legislature to enact legislation relating to local government.It is the intent of the Legislature to enact legislation relating to local government.
|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State. Chapter 699, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2023 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2749.) Ordered to engrossing and enrolling. |
| Sep 6, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 6, 2023 | Read third time. Passed. (Ayes 79. Noes 0. Page 2956.) Ordered to the Senate. |
| Aug 31, 2023 | Read third time and amended. |
| Aug 31, 2023 | Ordered to third reading. |
| Aug 24, 2023 | Ordered to third reading. |
| Aug 24, 2023 | From consent calendar on motion of Assembly Member Bryan. |
| Aug 17, 2023 | Read second time. Ordered to consent calendar. |
| Aug 16, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16). |
| Jul 6, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 5). Re-referred to Com. on APPR. |
| Jun 26, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| May 18, 2023 | Referred to Com. on TRANS. |
| May 11, 2023 | In Assembly. Read first time. Held at Desk. |
| May 11, 2023 | Read third time. Passed. (Ayes 39. Noes 0. Page 1057.) Ordered to the Assembly. |
| May 9, 2023 | Ordered to special consent calendar. |
| Apr 25, 2023 | Read second time. Ordered to third reading. |
| Apr 24, 2023 | From committee: Do pass. (Ayes 7. Noes 0. Page 853.) (April 24). |
| Apr 14, 2023 | Set for hearing April 24. |
| Apr 12, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 16. Noes 0. Page 688.) (April 11). Re-referred to Com. on APPR. |
| Mar 30, 2023 | Set for hearing April 11. |
| Mar 29, 2023 | Re-referred to Com. on TRANS. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Jan 18, 2023 | Referred to Com. on RLS. |
| Jan 6, 2023 | From printer. May be acted upon on or after February 5. |
| Jan 5, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Unfinished Business SB68 McGuire Concurrence | Senate Floor |
Passed |
|
| Sep 6, 2023 | SB 68 McGuire Senate Third Reading By Connolly | Assembly Floor |
Passed |
|
| Aug 16, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 5, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| May 11, 2023 | Special Consent SB68 McGuire | Senate Floor |
Passed |
|
| Apr 24, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Cal Fire Local 2881 | ** Support | |
| California Association Of Highway Patrolmen | ** Support | |
| California Professional Firefighters | ** Support | |
| California Trucking Association | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 68 |
UNFINISHED BUSINESS
Bill No: SB 68
Author: McGuire (D)
Amended: 8/31/23
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 4/11/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/24/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SENATE FLOOR: 39-0, 5/11/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Grove
ASSEMBLY FLOOR: 79-0, 9/6/23 - See last page for vote
SUBJECT: Vehicles: safety regulations
SOURCE: Author
DIGEST:
This bill would authorize the California Highway Patrol to, by regulation, allow a driver to exceed the maximum driving time limits within a work period and within a consecutive eight-day period for tank vehicles transporting flammable liquid fuel during a declared state of emergency.
Assembly Amendments
allow tank vehicle drivers to exceed 80 hours of driving during a consecutive eight-day period during a declared state of emergency and remove a specification that the transported liquid must be aircraft fuel, specifically.
ANALYSIS:
Existing law:
- Directs the California Highway Patrol (CHP) to adopt reasonable rules and regulations to promote the safe operation of large trucks, tractors, buses, trailers, and vehicles transporting hazardous materials. (Vehicle Code (VEH) 34500 - 34520.5)
- Specifies that among these regulations the CHP shall establish hours-of-service regulations for drivers that are consistent with hours-of-service regulations adopted by the United States Department of Transportation. (VEH 34501.2)
- Establishes several exemptions for these regulations, including that the maximum time within a work period shall be 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid.
- Prohibits a motor carrier from permitting or a driver from driving for any period after having been on duty for 80 hours in any consecutive eight days.
This bill:
- Allows the CHP to create regulations that authorize a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid to exceed 10 hours of driving within a work period and 80 hours in any consecutive eight days during a state of emergency declared by the Governor when:
- Operating within state to transport fuel, pursuant to a contract with the state or the United States; and
- The fuel is being used for the purpose of refueling aircraft used in emergency-related activities, including fire-suppression.
Comments
- Purpose of bill. According to the author, “SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State’s history. A critical part of California’s coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE’s ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above.”
- Driver fatigue and safety. According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10 and 20 percent of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes. Fatigue is a particularly common problem in the trucking industry. In the past 10 years, three naturalistic studies of commercial motor vehicle drivers have used wrist actigraphy devices to record drivers' sleep times and sleep durations per 24 hours on duty and nonduty days. These studies revealed that the amount of sleep obtained by the drivers on workdays averaged just 5.0 to 6.2 hours per 24 hours.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
- Hours-of-service (HOS) regulations. HOS regulations were first established in 1938 in order to prevent accidents caused by driver fatigue. These regulations have been updated several times since their initial implementation. Today, HOS regulations are made by the Federal Motor Carrier Safety Administration (FMCSA). These regulations set limits on the maximum allowable number of driving hours per day, the number of driving and working hours per week, and the minimum amount of time for rest required between shifts. In order to comply with these regulations, drivers that operate regulated vehicles are required to keep a logbook of working and resting hours or utilize an electronic logging device. These regulations apply to drivers of vehicles of over 10,001 pounds, designed to transport 16 or more passengers, designed to transport 9 or more passengers for compensation, or are transporting hazardous materials in quantities requiring notifying placards. Enforcement of these regulations is primarily conducted by CHP officers at weigh stations, though the CHP may also enforce provision through random checks on the road.
The FMCSA regulations only apply to interstate commerce or vehicles carrying hazardous substances, though most states have regulations that are similar or identical for intrastate commerce. In California, HOS regulations for intrastate commerce are made by the California Highway Patrol (CHP). California’s regulations specify that the maximum number of hours a person can drive during a duty period is 10 hours for bus drivers, modified limousine drivers, or intrastate trucks transporting flammable liquid, and 12 hours for all other intrastate trucks. California also prohibits driving a commercial vehicle for more than 80 hours in eight consecutive days.
- HOS SOS; States of Emergency. When an emergency occurs the need to transport certain materials or people can outweigh the usual risks of fatigued driving. Demand can also sharply spike for certain types of products, outpacing the normal availability of drivers. To that end, the CHP has several provisions in its regulations exempting drivers from restrictions during emergencies. For example, one exception allows a driver to complete a run if that run would have been in compliance absent the emergency. Other exemptions exist for vehicles being employed by the State or local government to restore basic essential public services and operations during an emergency. However, these standing exemptions are not always sufficient. When the President or the Governor declares a state of emergency they will often waive or weaken targeted portions of the hours-of-service laws. For example, on January 4th, 2023 Governor Newsom declared a state of emergency in response to the severe winter storms and in that declaration he allowed drivers to exceed the regular HOS limits while operating a vehicle engaged in fuel transportation in support of emergency relief efforts, subject to certain conditions.
While this ability is useful in response to emergency, the jurisdictional split between inter- and intra-state travels, can occasionally result in confusing patchworks where federal rules have been eased in a different way than state rules. It can also cause minor delays and confusion on the part of drivers who must track every emergency declaration to determine if rules were waived or not. This bill attempts to alleviate that problem by authorizing the CHP to promulgate regulations describing how HOS for a specific subset of vehicles will be modified during a state of emergency. It is narrowly focused on vehicles carrying aircraft fuel used in fire suppression, which given California’s increasing rate of severe wildfires, seem particularly likely to be needed in the future. Allowing the CHP to develop the regulations ahead of time, through the standard public rulemaking process, will allow for a set emergency response to provide more consistency for drivers, trucking companies, and law enforcement. Should those standing regulations prove insufficient in the face of a particularly severe disaster, the Governor will still have the power to further ease or waive rules as needed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, this bill will have no direct state costs, but CHP will face pressure to modify its hour-of-service regulations as authorized by this bill. Should CHP modify these regulations, it will incur costs in the tens of thousands of dollars.
SUPPORT: (Verified 9/6/23)
Cal Fire Local 2881
California Association of Highway Patrolmen
California Professional Firefighters
California Trucking Association
OPPOSITION: (Verified 9/6/23)
None received
ASSEMBLY FLOOR: 79-0, 9/6/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Grayson
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
9/6/23 18:15:41
**** END ****
SENATE THIRD READING
STR Bill Id:SB 68
Author:(McGuire)
As Amended Ver:August 31, 2023
Majority vote
SUMMARY
Authorizes the California Highway Patrol (CHP), during a Governor-declared state of emergency, consistent with applicable federal laws and regulations, to suspend the maximum driving time for an operator of a tank vehicle with a capacity of more than 500 gallons for the purposes of refueling aircraft used in emergency-related activities including fire suppression.
Major Provisions
Waives the following regulations for tank vehicles in a declared state of emergency:
- The maximum driving time within a work period being 10 hours within a work period; and,
- The maximum number of 80 hours of work in any consecutive eight days.
COMMENTS
On October 8, 2017, at 9:43 PM in Calistoga, a private electric system started what became known as the Tubbs Fire, during a month now referred to as the Fire Siege. By 11 PM, the fire claimed its first life. By 1 AM, the fire continued to spread into more populated areas on the outskirts of the City of Santa Rosa. By 3 AM, the fire reached the city limits. In the end, the fire claimed the lives of 22 civilians and one fire fighter, ranging in age from 27-years-old to 95-years-old.
The Tubbs Fire burned a total of 36,807 acres and destroy 5,636 structures. The Fire Siege that month involved 170 fires that burned 245,000 acres in Northern California and destroyed 8,900 structures. It took approximately 11,000 firefighters from 17 states and Australia to battle the blazes. The Tubbs Fire was the third deadliest fire in California's history, and the Fire Siege resulted in the death of 44 individuals.
A year and a month later, on November 8, 2018 at approximately 6:30 AM in Butte County, electrical transmission lines owned and operated by Pacific Gas and Electric (PG&E) started what became known as the Camp Fire. By 8:03 AM, the Butte County Sheriff used Twitter to tweet an evacuation order for the City of Paradise, four minutes after the Camp Fire breached the city.
The Camp Fire became the deadliest fire in California's history, killing 85 civilians. The Camp Fire burned a total of 153,336 acres and destroy 18,804 structures. PG&E pled guilty to 84 felony counts of involuntary manslaughter.
According to the National Aeronautics and Space Administration (NASA), 12 of the top twenty fires in California's history occurred between 2016 and 2021, burning about 4% of California's total area, or the entirety of the state of Connecticut.
According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10 and 20% of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
The state currently has shorter hours of service allowances than federal law permits. Current Federal Motor Carrier Safety Administration (FMCSA) regulations permit motor carriers to operate for 14 hours and drive for a consecutive 11 hours. FMCSA has also recognized the importance of suspending hours of service requirements during emergency declarations for the purpose of providing vital supplies and transportation services to a disaster area. Federal law requires direct emergency assistance to be provided in order to be exempt from safety regulations.
According to the Author
"SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State's history. A critical part of California's coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE's ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above."
Arguments in Support
According to the California Professional Firefighters, "Large-scale wildfire disasters have, unfortunately, become the new normal in California. Eight of the ten largest wildfires in California's history have occurred in the last five years, and as the climate continues to change these massive incidents will only increase in regularity. Timely and coordinated response is the key to preventing these fires from spreading out of control, and the deployment of firefighting aircraft such as planes and helicopters are a crucial piece of that response. However, in emergency situations, restrictions on the hours of operation for truck drivers of tanker vehicles transporting the fuel for these aircraft can slow down the deployment of needed firefighting resources, sometimes to deadly and destructive effect.
SB 68 will authorize the California Highway Patrol to create regulations exempting the drivers of tanker vehicles with a capacity of more than 500 gallons from the ten-hour operation limit, only if those drivers are transporting aircraft fuel during a declared state of emergency if that fuel is being used for aircraft engaged in fire suppression activities. This narrow exemption ensures that fuel is available where it is critically needed, and response activities are not slowed down in times of heightened emergency."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- No direct state costs.
- CHP will face pressure to modify its hour-of-service regulations as authorized by this bill. Should CHP modify these regulations, it will incur costs in the tens of thousands of dollars (special fund).
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Grove
ASM TRANSPORTATION: 15-0-0
YES: Friedman, Vince Fong, Alvarez, Berman, Juan Carrillo, Davies, Gipson, Hart, Jackson, Kalra, Stephanie Nguyen, Sanchez, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Sanchez, Soria, Weber, Wilson
ABS, ABST OR NV: Pellerin
UPDATED
VERSION: August 31, 2023
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0001413
SENATE THIRD READING
STR Bill Id:SB 68
Author:(McGuire)
As Amended Ver:June 26, 2023
Majority vote
SUMMARY
Authorizes the California Highway Patrol (CHP), during a Governor-declared state of emergency, consistent with applicable federal laws and regulations, to suspend the maximum driving time for an operator of a tank vehicle with a capacity of more than 500 gallons for the purposes of refueling aircraft used in fire suppression, or other emergency-related activities.
Major Provisions
Waives the following regulations for tank vehicles in a declared state of emergency:
- The maximum driving time within a work period being 10 hours within a work period; and,
- The maximum number of 80 hours of work in any consecutive eight days.
COMMENTS
On October 8, 2017, at 9:43 PM in Calistoga, a private electric system started what became known as the Tubbs Fire, during a month now referred to as the Fire Siege. By 11:00 PM, the fire claimed its first life. By 1:00 AM, the fire continued to spread into more populated areas on the outskirts of the City of Santa Rosa. By 3:00 AM, the fire reached the city limits. In the end, the fire claimed the lives of 22 civilians and one fire fighter, ranging in age from 27-years-old to 95-years-old.
The Tubbs Fire burned a total of 36,807 acres and destroy 5,636 structures. The Fire Siege that month involved 170 fires that burned 245,000 acres in Northern California and destroyed 8,900 structures. It took approximately 11,000 firefighters from 17 states and Australia to battle the blazes. The Tubbs Fire was the third deadliest fire in California's history, and the Fire Siege resulted in the death of 44 individuals.
A year and a month later, on November 8, 2018 at approximately 6:30 AM in Butte County, electrical transmission lines owned and operated by Pacific Gas and Electric (PG&E) started what became known as the Camp Fire. By 8:03 AM, the Butte County Sheriff used Twitter to tweet an evacuation order for the City of Paradise, four minutes after the Camp Fire breached the city.
The Camp Fire became the deadliest fire in California's history, killing 85 civilians. The Camp Fire burned a total of 153,336 acres and destroy 18,804 structures. PG&E pled guilty to 84 felony counts of involuntary manslaughter.
According to the National Aeronautics and Space Administration (NASA), 12 of the top twenty fires in California's history occurred between 2016 and 2021, burning about 4% of California's total area, or the entirety of the state of Connecticut.
According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10% and 20% of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
The state currently has shorter hours of service allowances than federal law permits. Current Federal Motor Carrier Safety Administration (FMCSA) regulations permit motor carriers to operate for 14 hours and drive for a consecutive 11 hours. FMCSA has also recognized the importance of suspending hours of service requirements during emergency declarations for the purpose of providing vital supplies and transportation services to a disaster area. Federal law requires direct emergency assistance to be provided in order to be exempt from safety regulations.
According to the Author
"SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State's history. A critical part of California's coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE's ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above."
Arguments in Support
According to the California Professional Firefighters, "Large-scale wildfire disasters have, unfortunately, become the new normal in California. Eight of the ten largest wildfires in California's history have occurred in the last five years, and as the climate continues to change these massive incidents will only increase in regularity. Timely and coordinated response is the key to preventing these fires from spreading out of control, and the deployment of firefighting aircraft such as planes and helicopters are a crucial piece of that response. However, in emergency situations, restrictions on the hours of operation for truck drivers of tanker vehicles transporting the fuel for these aircraft can slow down the deployment of needed firefighting resources, sometimes to deadly and destructive effect.
SB 68 will authorize the California Highway Patrol to create regulations exempting the drivers of tanker vehicles with a capacity of more than 500 gallons from the ten-hour operation limit, only if those drivers are transporting aircraft fuel during a declared state of emergency if that fuel is being used for aircraft engaged in fire suppression activities. This narrow exemption ensures that fuel is available where it is critically needed, and response activities are not slowed down in times of heightened emergency."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to Assembly Appropriations Committee, no direct state costs. CHP will face pressure to modify its hour-of-service regulations as authorized by this bill. Should CHP modify these regulations, it will incur costs in the tens of thousands of dollars (special fund).
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Grove
ASM TRANSPORTATION: 15-0-0
YES: Friedman, Vince Fong, Alvarez, Berman, Juan Carrillo, Davies, Gipson, Hart, Jackson, Kalra, Stephanie Nguyen, Sanchez, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Sanchez, Soria, Weber, Wilson
ABS, ABST OR NV: Pellerin
UPDATED
VERSION: June 26, 2023
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0001324
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 68
Author:(McGuire) – As Amended Ver:June 26, 2023
Policy Committee: | Transportation | Vote: | 15 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the California Highway Patrol (CHP) to allow the driver of a tank vehicle carrying flammable liquid fuel to exceed statutory maximum driving times during a state of emergency, declared by the Governor, when the driver is transporting fuel used to refuel aircraft used in fire suppression or other emergency-related activities.
Specifically, this bill authorizes CHP to allow the driver of such a tank vehicle, driving during a state of emergency, to drive (a) more than 10 hours within a work period and (b) more than 80 hours in any consecutive eight days.
FISCAL EFFECT:
- No direct state costs.
- CHP will face pressure to modify its hour-of-service regulations as authorized by this bill. Should CHP modify these regulations, it will incur costs in the tens of thousands of dollars (special fund).
COMMENTS:
- Purpose. The author intends this bill to provide CHP regulatory flexibility so that drivers may legally deliver fuel to aircraft needed for the response to an emergency, such as a wildfire. According to the author:
SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State’s history. A critical part of California’s coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE’s ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above.
- Background. Both federal regulations and state regulations prescribe hours-of-service limits on the drivers of large trucks, tractors, buses, trailers and vehicles transporting hazardous materials. CHP regulations establish a driver of a tank vehicle with a capacity of more than 500 gallons that is transporting flammable liquid shall drive no more than 10 hours within a work period and no more than 80 hours in any consecutive eight days. Yet, emergency response often relies on drivers of such fuel trucks operating their vehicles for more than 10 consecutive hours and more than 80 hours in eight consecutive days, CHP regulations notwithstanding.
Such was the case during the large, devastating wildfires California suffered in recent years. In response, the Governor issued blanket suspensions of the hours-of-service limits so that fuel could be delivered to aircraft that fight fire from above. This bill authorizes CHP to incorporate flexibility into its regulations, so that drivers may exceed the normally applicable hours-of-service limits to deliver fuel to aircraft during states of emergency; however, the bill does not require CHP to do so.
The California Professional Firefighters, writing in support of the bill, assert:
Timely and coordinated response is the key to preventing these fires from spreading out of control, and the deployment of firefighting aircraft such as planes and helicopters are a crucial piece of that response. However, in emergency situations, restrictions on the hours of operation for truck drivers of tanker vehicles transporting the fuel for these aircraft can slow down the deployment of needed firefighting resources, sometimes to deadly and destructive effect. SB 68 will authorize the California Highway Patrol to create regulations exempting the drivers of tanker vehicles with a capacity of more than 500 gallons from the ten-hour operation limit, only if those drivers are transporting aircraft fuel during a declared state of emergency if that fuel is being used for aircraft engaged in fire suppression activities. This narrow exemption ensures that fuel is available where it is critically needed, and response activities are not slowed down in times of heightened emergency.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: July 5, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
SBPCA Bill Id:SB 68
Author:(McGuire) – As Amended Ver:March 20, 2023
SENATE VOTE: 39-0
SUBJECT: Vehicles: safety regulations
SUMMARY: Authorizes the California Highway Patrol (CHP), during a Governor declared state of emergency, consistent with applicable federal laws and regulations, to suspend the maximum driving time for an operator of a tank vehicle with a capacity of more than 500 gallons for the purposes of refueling aircraft used in fire suppression or other emergency-related activities. Specifically, this bill:
- Waives the following regulations for tank vehicles in a declared state of emergency:
- The maximum driving time within a work period being 10 hours within a work period; and,
- The maximum number of 80 hours of work in any consecutive eight days.
EXISTING LAW:
- Directs the CHP to adopt reasonable rules and regulations to promote the safe operation of large trucks, tractors, buses, trailers, and vehicles transporting hazardous materials. (Vehicle Code (VEH) 34500 - 34520.5)
- Specifies that among these regulations the CHP shall establish hours-of-service regulations for drivers that are consistent with hours-of-service regulations adopted by the United States Department of Transportation. (VEH 34501.2)
- Establishes several exemptions for these regulations, including that the maximum time within a work period shall be 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: On October 8, 2017, at approximately 9:43 PM in Calistoga, a private electric system started what became known as the Tubbs Fire, during a month that would be referred to as the Fire Siege. By 11:00 PM the fire would claim its first life. By 1:00 AM the fire continued to spread into more populated areas on the outskirts of the City of Santa Rosa. By 3:00 AM the fire reached the city limits. In the end, the fire claimed the lives of 22 civilians and one fire fighter, ranging in age from 27-years-old to 95-years-old.
The Tubbs Fire would ultimately burn a total of 36,807 acres and destroy 5,636 structures. The Fire Siege that month involved 170 fires that burned 245,000 acres in Northern California and destroyed 8,900 structures. It took approximately 11,000 firefighters from 17 states and Australia to battle the blazes. The Tubbs Fire was the third deadliest fire in California’s history, and the Fire Siege that month resulted in the death of 44 individuals.
A year and a month later, on November 8, 2018 at approximately 6:30 AM in Butte County, electrical transmission lines owned and operated by Pacific Gas and Electric (PG&E) started what became known as the Camp Fire. By 8:03 AM the Butte County Sheriff used Twitter to tweet an evacuation order for the City of Paradise, four minutes after the Camp Fire breached the city.
The Camp Fire became the deadliest fire in California’s history, killing 85 civilians. The Camp Fire would ultimately burn a total of 153,336 acres and destroy 18,804 structures. PG&E pled guilty to 84 felony counts of involuntary manslaughter.
According to the National Aeronautics and Space Administration (NASA), 12 of the top twenty fires in California’s history occurred between 2016 and 2021, burning about 4% of California’s total area, or the entirety of the state of Connecticut.
According to the author, “SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State’s history. A critical part of California’s coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE’s ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above.”
According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10 and 20% of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
The state currently has shorter hours of service allowances than federal law permits. Current Federal Motor Carrier Safety Administration (FMCSA) regulations permit motor carriers to operate for 14 hours and drive for a consecutive 11 hours. FMCSA has also recognized the importance of suspending hours of service requirements during emergency declarations for the purpose of providing vital supplies and transportation services to a disaster area. Federal law requires direct emergency assistance to be provided in order to be exempt from safety regulations.
The California Professional Firefighters, writing in support of this bill, argue “Large-scale wildfire disasters have, unfortunately, become the new normal in California. Eight of the ten largest wildfires in California’s history have occurred in the last five years, and as the climate continues to change these massive incidents will only increase in regularity. Timely and coordinated response is the key to preventing these fires from spreading out of control, and the deployment of firefighting aircraft such as planes and helicopters are a crucial piece of that response. However, in emergency situations, restrictions on the hours of operation for truck drivers of tanker vehicles transporting the fuel for these aircraft can slow down the deployment of needed firefighting resources, sometimes to deadly and destructive effect.
SB 68 will authorize the California Highway Patrol to create regulations exempting the drivers of tanker vehicles with a capacity of more than 500 gallons from the ten-hour operation limit, only if those drivers are transporting aircraft fuel during a declared state of emergency if that fuel is being used for aircraft engaged in fire suppression activities. This narrow exemption ensures that fuel is available where it is critically needed, and response activities are not slowed down in times of heightened emergency.”
REGISTERED SUPPORT / OPPOSITION:
Support
Cal Fire Local 2881
California Association of Highway Patrolmen
California Professional Firefighters
California Trucking Association
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 68 |
THIRD READING
Bill No: SB 68
Author: McGuire (D)
Amended: 3/20/23
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 4/11/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/24/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SUBJECT: Vehicles: safety regulations
SOURCE: Author
DIGEST:
This bill authorizes the California Highway Patrol to, by regulation, allow a driver to exceed the maximum driving time limits for tank vehicles transporting flammable liquid during a declared state of emergency.
ANALYSIS:
Existing law:
- Directs the California Highway Patrol (CHP) to adopt reasonable rules and regulations to promote the safe operation of large trucks, tractors, buses, trailers, and vehicles transporting hazardous materials. (Vehicle Code (VEH) 34500 - 34520.5)
- Specifies that among these regulations the CHP shall establish hours-of-service regulations for drivers that are consistent with hours-of-service regulations adopted by the United States Department of Transportation. (VEH 34501.2)
- Establishes several exemptions for these regulations, including that the maximum time within a work period shall be 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid.
This bill:
- Allows the CHP to create regulations that authorize a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid to exceed 10 hours of driving within a work period during a state of emergency declared by the Governor when:
- Operating within state to transport aircraft fuel, pursuant to a contract with the state or the United States; and
- The fuel is being used for the purpose of refueling aircraft used in fire suppression or other emergency-related activities.
Comments
- Purpose of bill. According to the author, “SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State’s history. A critical part of California’s coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE’s ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above.”
- Driver fatigue and safety. According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10 and 20 percent of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes. Fatigue is a particularly common problem in the trucking industry. In the past 10 years, three naturalistic studies of commercial motor vehicle drivers have used wrist actigraphy devices to record drivers' sleep times and sleep durations per 24 hours on duty and nonduty days. These studies revealed that the amount of sleep obtained by the drivers on workdays averaged just 5.0 to 6.2 hours per 24 hours.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
- Hours-of-service (HOS) regulations. HOS regulations were first established in 1938 in order to prevent accidents caused by driver fatigue. These regulations have been updated several times since their initial implementation. Today, HOS regulations are made by the Federal Motor Carrier Safety Administration (FMCSA). These regulations set limits on the maximum allowable number of driving hours per day, the number of driving and working hours per week, and the minimum amount of time for rest required between shifts. In order to comply with these regulations, drivers that operate regulated vehicles are required to keep a logbook of working and resting hours or utilize an electronic logging device. These regulations apply to drivers of vehicles of over 10,001 pounds, designed to transport 16 or more passengers, designed to transport 9 or more passengers for compensation, or are transporting hazardous materials in quantities requiring notifying placards. Enforcement of these regulations is primarily conducted by CHP officers at weigh stations, though the CHP may also enforce provision through random checks on the road.
The FMCSA regulations only apply to interstate commerce or vehicles carrying hazardous substances, though most states have regulations that are similar or identical for intrastate commerce. In California, HOS regulations for intrastate commerce are made by the California Highway Patrol (CHP). California’s regulations specify that the maximum number of hours a person can drive during a duty period is 10 hours for bus drivers, modified limousine drivers, or intrastate trucks transporting flammable liquid, and 12 hours for all other intrastate trucks.
- HOS SOS; States of Emergency. When an emergency occurs the need to transport certain materials or people can outweigh the usual risks of fatigued driving. Demand can also sharply spike for certain types of products, outpacing the normal availability of drivers. To that end, the CHP has several provisions in its regulations exempting drivers from restrictions during emergencies. For example, one exception allows a driver to complete a run if that run would have been in compliance absent the emergency. Other exemptions exist for vehicles being employed by the State or local government to restore basic essential public services and operations during an emergency. However, these standing exemptions are not always sufficient. When the President or the Governor declares a state of emergency they will often waive or weaken targeted portions of the hours-of-service laws. For example, on January 4th, 2023 Governor Newsom declared a state of emergency in response to the severe winter storms and in that declaration he allowed drivers to exceed the regular HOS limits while operating a vehicle engaged in fuel transportation in support of emergency relief efforts, subject to certain conditions.
While this ability is useful in response to emergency, the jurisdictional split between inter- and intra-state travels, can occasionally result in confusing patchworks where federal rules have been eased in a different way than state rules. It can also cause minor delays and confusion on the part of drivers who must track every emergency declaration to determine if rules were waived or not. This bill would attempt to alleviate that problem by authorizing the CHP to promulgate regulations describing how HOS for a specific subset of vehicles will be modified during a state of emergency. It is narrowly focused on vehicles carrying aircraft fuel used in fire suppression, which given California’s increasing rate of severe wildfires, seem particularly likely to be needed in the future. Allowing the CHP to develop the regulations ahead of time, through the standard public rulemaking process, will allow for a set emergency response to provide more consistency for drivers, trucking companies, and law enforcement. Should those standing regulations prove insufficient in the face of a particularly severe disaster, the Governor will still have the power to further ease or waive rules as needed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 4/25/23)
Cal Fire Local 2881
California Trucking Association
OPPOSITION: (Verified 4/25/23)
None received
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
4/26/23 15:11:34
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 68 (McGuire) - Vehicles: safety regulations
Version: March 20, 2023 | Policy Vote: TRANS. 16 - 0 |
Urgency: No | Mandate: No |
Hearing Date: April 24, 2023 | Consultant: Mark McKenzie |
Bill Summary:
SB 68 would authorize the California Highway Patrol (CHP) to adopt regulations to authorize the driver of a tank vehicle transporting flammable liquid to exceed specified maximum driving time limits when operating within the state to supply aircraft fuel for fire suppression during a state of emergency declared by the Governor.
Fiscal Impact:
- One-time costs, likely in the range of $50,000 to $100,000, to the extent CHP exercises the authority to amend hours-of-service (HOS) regulations for drivers of tank vehicles transporting flammable liquids to allow an exception for drivers transporting aviation fuel for fire suppression purposes during a state of emergency. (Motor Vehicle Account)
Background:
Existing law requires CHP to adopt rules and regulations to promote the safe operation of specified vehicles, including vehicles transporting hazardous materials, regarding the following: controlled substance and alcohol testing of drivers, hours-of-service of drivers, equipment, fuel containers, fuel operations, inspection, maintenance, record keeping, accident reports, and draw bridges. Existing law requires regulations adopted for vehicles engaged in interstate and intrastate commerce to establish HOS regulations that are consistent with those adopted by the U.S. Department of Transportation, as specified. The regulations adopted by CHP for vehicles engaged in intrastate commerce must have specified exceptions, including a requirement that the maximum drive time is not more than 10 hours within a work period for the driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid. CHP primarily enforces these regulations during inspection activities at weigh stations, but may also conduct enforcement through random checks on the road.
Federal regulations (49 CFR, Section 390.23) authorize the Federal Motor Carrier Safety Administration, when the President or a Governor declares a state of emergency, to waive interstate HOS rules for drivers providing direct assistance to emergency operations, including those transporting aviation fuel, for periods up to 30 days. Existing law and state regulations do not provide blanket authority to waive HOS restrictions for intrastate drivers of tank vehicles transporting aviation fuel during a Governor-declared disaster. In order to waive these rules, the Governor’s proclamation must explicitly provide for any relaxation of HOS regulations.
Proposed Law:
SB 68 would authorize CHP to adopt regulations, consistent with federal law and regulations, to allow the driver of a tank vehicle with a capacity greater than 500 gallons to exceed the maximum HOS driving times for transporting flammable liquids when:
- Operating within the state during a state of emergency declared by the Governor, and;
- Transporting fuel for refueling aircraft that is used in fire suppression or other emergency-related activities, pursuant to a contract with this state or the United States.
Staff Comments:
The costs noted above include staff time to research, draft, and adopt the regulations providing for an exception to HOS requirements during a declared state of emergency. Staff notes that the bill is discretionary, and the costs would be incurred to the extent CHP exercises the authority provided in the bill. If CHP opted forego the adoption of regulations, they would incur negligible costs to field inquiries from affected entities in the aviation fuel transportation industry about their capacity to exercise an exemption to HOS requirements.
-- END --
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: SB 68 Hearing Date: 4/11/2023
Author: | McGuire | ||
Version: | 3/20/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jacob O'Connor | ||
SUBJECT: Vehicles: safety regulations
DIGEST: This bill would authorize the California Highway Patrol to, by regulation, allow a driver to exceed the maximum driving time limits for tank vehicles transporting flammable liquid during a declared state of emergency.
ANALYSIS:
Existing law:
- Directs the California Highway Patrol (CHP) to adopt reasonable rules and regulations to promote the safe operation of large trucks, tractors, buses, trailers, and vehicles transporting hazardous materials. (Vehicle Code (VEH) 34500 - 34520.5)
- Specifies that among these regulations the CHP shall establish hours-of-service regulations for drivers that are consistent with hours-of-service regulations adopted by the United States Department of Transportation. (VEH 34501.2)
- Establishes several exemptions for these regulations, including that the maximum time within a work period shall be 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid.
This bill:
- Allows the CHP to create regulations that authorize a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid to exceed 10 hours of driving within a work period during a state of emergency declared by the Governor when:
- Operating within state to transport aircraft fuel, pursuant to a contract with the state or the United States; and
- The fuel is being used for the purpose of refueling aircraft used in fire suppression or other emergency-related activities.
COMMENTS:
- Purpose of bill. According to the author “SB 68 will ensure CAL FIRE planes and helicopters have the necessary fuel to suppress fires and further support our firefighters on the ground. Since 2018, California has experienced the seven largest wildfires recorded in the State’s history. A critical part of California’s coordinated response to these fires relies on supplying aviation fuel for fire suppression aircrafts, but during Governor-declared emergencies, the truck drivers that transport the fuel run into issues with inflexible driving laws that create a barrier to CAL FIRE’s ability to effectively respond to these fires that ravage the Golden State. SB 68 will direct CHP to create a permanent fix to address these emergencies, ensuring drivers are safe and firefighters on the ground can be supported by the firefighting aircraft above.”
- Driver fatigue and safety. According to a 2016 report by the National Academies of Sciences Engineering and Medicine, somewhere between 10 and 20 percent of fatal crashes involving trucks and buses involved fatigued drivers. Research has consistently shown that fatigue can cause shortfalls in performance, including slower response times, attention failures, and poor decision making. Performance shortfalls can lead in turn to driver errors or inappropriate driving practices, which then can lead to crashes. Fatigue is a particularly common problem in the trucking industry. In the past 10 years, three naturalistic studies of commercial motor vehicle drivers have used wrist actigraphy devices to record drivers' sleep times and sleep durations per 24 hours on duty and nonduty days. These studies revealed that the amount of sleep obtained by the drivers on workdays averaged just 5.0 to 6.2 hours per 24 hours.
The same report that compiled these studies identified the most effective measures at reducing fatigue as adhering to work-rest scheduling that permits sufficient sleep, driving primarily during the daytime rather than at night, being cognizant of the two anticipated circadian lulls of the 24-hour day, obtaining sleep immediately prior to a long trip, planning to take and taking periodic breaks from driving during trips, and inserting planned naps into a trip plan.
- Hours-of-service (HOS) regulations. HOS regulations were first established in 1938 in order to prevent accidents caused by driver fatigue. These regulations have been updated several times since their initial implementation. Today, HOS regulations are made by the Federal Motor Carrier Safety Administration (FMCSA). These regulations set limits on the maximum allowable number of driving hours per day, the number of driving and working hours per week, and the minimum amount of time for rest required between shifts. In order to comply with these regulations, drivers that operate regulated vehicles are required to keep a logbook of working and resting hours or utilize an electronic logging device. These regulations apply to drivers of vehicles of over 10,001 pounds, designed to transport 16 or more passengers, designed to transport 9 or more passengers for compensation, or are transporting hazardous materials in quantities requiring notifying placards. Enforcement of these regulations is primarily conducted by CHP officers at weigh stations, though the CHP may also enforce provision through random checks on the road.
The FMCSA regulations only apply to interstate commerce or vehicles carrying hazardous substances, though most states have regulations that are similar or identical for intrastate commerce. In California, HOS regulations for intrastate commerce are made by the California Highway Patrol (CHP). California’s regulations specify that the maximum number of hours a person can drive during a duty period is 10 hours for bus drivers, modified limousine drivers, or intrastate trucks transporting flammable liquid, and 12 hours for all other intrastate trucks.
- HOS SOS; States of Emergency. When an emergency occurs the need to transport certain materials or people can outweigh the usual risks of fatigued driving. Demand can also sharply spike for certain types of products, outpacing the normal availability of drivers. To that end, the CHP has several provisions in its regulations exempting drivers from restrictions during emergencies. For example, one exception allows a driver to complete a run if that run would have been in compliance absent the emergency. Other exemptions exist for vehicles being employed by the State or local government to restore basic essential public services and operations during an emergency. However, these standing exemptions are not always sufficient. When the President or the Governor declares a state of emergency they will often waive or weaken targeted portions of the hours-of-service laws. For example, on January 4th, 2023 Governor Newsom declared a state of emergency in response to the severe winter storms and in that declaration he allowed drivers to exceed the regular HOS limits while operating a vehicle engaged in fuel transportation in support of emergency relief efforts, subject to certain conditions.
While this ability is useful in response to emergency, the jurisdictional split between inter- and intra-state travels, respectively can occasionally result in confusing patchworks where federal rules have been eased in a different way than state rules. It can also cause minor delays and confusion on the part of drivers who must track every emergency declaration to determine if rules were waived or not. This bill would attempt to alleviate that problem by authorizing the CHP to promulgate regulations describing how HOS for a specific subset of vehicles will be modified during a state of emergency. It is narrowly focused on vehicles carrying aircraft fuel used in fire suppression, which given California’s increasing rate of severe wildfires, seem particularly likely to be needed in the future. Allowing the CHP to develop the regulations ahead of time, through the standard public rulemaking process, will allow for a set emergency response to provide more consistency for drivers, trucking companies, and law enforcement. Should those standing regulations prove insufficient in the face of a particularly severe disaster, the Governor will still have the power to further ease or waive rules as needed.
Related Legislation:
None
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Unknown
POSITIONS: (Communicated to the committee before noon on Wednesday, April 5, 2023.)
SUPPORT:
Cal Fire Local 2881
California Trucking Association
OPPOSITION:
None received
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Discussed in Hearing
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Bill Author
Bill Co-Author(s):