AB 365: The Justin Kropp Safety Act: electrical utilities: AED availability at worksites.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing board. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act authorizes the commission, after a hearing, to require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and authorizes the commission to prescribe the installation, use, maintenance, and operation of appropriate safety or other devices or appliances.

Existing law requires a person or entity that acquires an automated external defibrillator (AED) to comply with all regulations governing the placement of an AED, notify an agent of the local emergency medical service agency of the existence, location, and type of AED acquired, ensure the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer, ensure that the AED is tested at least biannually and after each use, ensure that a specified inspection is made of all AEDs on the premises at least every 90 days, and ensure that records of this maintenance and testing are maintained.

Existing law provides that any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.

This bill, the Justin Kropp Safety Act, would require each utility, which is defined to mean an electrical corporation, electrical cooperative, or local publicly owned electric utility, and an independent contractor or subcontractor of the utility, to have an AED available at every worksite where 2 or more electrical utility workers are performing work on transmission or distribution lines of 601 volts or more (AED requirement). The bill would require the utility, and the independent contractor or subcontractor of the utility, to adopt specified written policies and procedures (policy requirement), and to comply with the placement, notification, maintenance, testing, inspection, and recordkeeping requirements described above.

This bill would provide that the above-described exemption from civil liability applies to a person who renders, in good faith and not for compensation, emergency care and treatment by use of an AED. The bill would also apply that exemption to a utility, and an independent contractor or subcontractor of the utility, that acquires an AED for emergency use, makes reasonable efforts to comply with the AED and policy requirements, and complies with the above-described placement, notification, maintenance, testing, inspection and recordkeeping requirements. The bill would not apply the civil liability exemption in case of gross negligence or willful or wanton misconduct by the person rendering emergency care or treatment by the use of an AED.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because a violation of a commission action implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program.

Additionally, by placing additional duties on local publicly owned electric utilities, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.