June 16, 2009
To: Legislative Committee Members
Fm: Joshua W. Shaw, Executive Director
Gus F. Khouri, Legislative Advocate
RE: LEGISLATIVE COMMITTEE AGENDA –
THURSDAY, JUNE 18th, 2009 –
CONFERENCE CALL MEETING – 2:00 P.M. – 3:00 P.M.
1. Convene / Introductions
2. State Budget Update Information
3. Bills of Interest Action
4. Matrix of Significant Legislation Information
5. Other
To access the conference call, please dial:
1-800-867-2581 pass code: 4464656#
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California Transit Association
Legislative Committee Roster
1. Chair Sharon Cooney, San Diego MTS
2. Vice Chair Leslie White, Santa Cruz MTD
3. Julie Austin, North County Transit District
4. Kate Breen, San Francisco MTA
5. Andre Colaiace, Access Services, Inc.
6. Kurt Evans, Santa Clara VTA
7. Paul Fadelli, BART
8. David Feinberg, Santa Monica’s Big Blue Bus
9. Z. Wayne Johnson, Golden Gate BHTD
10. Dana Lee, Long Beach Transit
11. Kate Miller, AC Transit
12. John Monson, MV Transportation, Inc.
13. Seamus Murphy, SamTrans
14. Rick Ramacier, CCCTA
15. David Reyno, Foothill Transit
16. Bruce Richard, Mendocino Transit Authority
17. Ed Scofield, Sacramento RTD
18. Victoria Stackwick, SANDAG
19. Michael Turner, LA Metro
20. Wendy Villa, OCTA
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2. State Budget Update
Staff will provide an oral update on the latest developments on the State Budget.
3. Bills of Interest
1. SB 124 (Oropeza) Air pollution: schoolbus idling and idling at schools.
Existing law Existing law designates the State Air Resources Board as the state agency charged
with coordinating efforts to attain and maintain ambient air quality standards. Existing law also
designates the Air Resources Board as the state agency with the primary responsibility for the
control of vehicular air pollution.
Existing regulations adopted by the state board establish toxic control measures to limit school
bus idling and idling at schools. Those existing regulations require drivers of school buses,
transit buses, school pupil activity buses, youth buses, general public paratransit vehicles and
specified transit buses and commercial motor vehicles to turn off the bus or vehicle engine upon
stopping at or within 100 feet of a school. The regulations prohibit those drivers from turning the
bus or vehicle engine on more than 30 seconds before beginning to depart from a school or
within 100 feet of a school, and prohibits those drivers from causing the bus or vehicle to idle for
more than 5 consecutive minutes or 5 aggregate minutes in any one hour at any location greater
than 100 feet from a school.
The existing regulations provide that any violation of those requirements subjects the driver or
the motor carrier to a minimum civil penalty of $100 and to criminal penalties. The regulations
authorize the state board, peace officers and the authorized representatives of their law
enforcement agencies, and air quality management districts and air pollution control districts, to
enforce those provisions.
This bill codifies these existing regulations adopted by the ARB into state law, increases the
minimum civil penalty for a violation to $300, and authorizes additional civil penalties.
Background: The author states the following health concerns of air pollution for children and
infants:
- Children are more susceptible to the health effects of air pollution because their immune
systems and vital organs are still developing and immature
- Infants and children generally breathe more rapidly than adults, increasing their exposure
to any pollutants in the air.
- Infants and children often breathe through their mouths, bypassing the filtering effect of
the nose and allowing more pollutants to be inhaled.
- Lead that is inhaled is more easily deposited in the fast-growing bones of children.
Irritation or inflammation caused by air pollution is more likely to obstruct their narrower
airways.
- It may also take less exposure to a pollutant to trigger an asthma attack or other breathing
ailment due to the sensitivity of a child's developing respiratory system. Exposure to
toxic air contaminants during infancy or childhood could affect the development of the
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respiratory, nervous, endocrine and immune systems, and could increase the risk of
cancer later in life.
The author also states that there are reasonable exemptions to this regulation, including idling
while in the midst of traffic; to ascertain safe operating conditions of the bus or vehicle; testing,
service, repair or diagnostic purposes; or to operate equipment needed by persons with
disabilities and climate control devices for children.
The underlying issue is that codifying these regulations makes it much more difficult to weaken
or change them without significant public input.
Support: AFSCME
County Health Executives Association of California
Independent Private Schools of CA
Planning and Conservation League
California State PTA
Sierra Club of California
Natural Resources Defense Council
American Lung Association of California
Opposition: None listed
Status: Set for hearing in the Assembly Transportation Committee on June 29, 2009.
Staff Recommendation: Watch
2. AB 569 (Emmerson) Meal Periods: Exemptions.
Existing law prohibits an employer from employing any person for a work period of more than
five hours without providing the employee with a meal period of not less than 30 minutes [Labor
Code section 512 (a)]. Existing law provides that if the total work period per day of the employee
is no more than six hours, the meal period may be waived by mutual consent of both the
employer and employee [Labor Code section 512 (a)].
Existing law also authorizes paid on-duty meal periods when the nature of the work prevents an
employee from being relieved of all duty, the parties have agreed to the paid on-duty meal period
in writing, and the written agreement authorizes the employee to revoke the agreement at any
time. Existing law provides that if an employer fails to provide an employee a meal period or rest
period, the employer shall pay the employee one additional hour of pay at the employee's regular
rate of compensation for each work day that the meal or rest period is not provided [Labor Code
Section 226.7].
This bill exempts workers in the construction industry and in the commercial transportation
industry who are covered by a valid collective bargaining agreement from these meal period
provisions of current law.
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Background: This bill is sponsored by the United Parcel Service (UPS), who argues that it
would allow unionized transportation companies with a valid collective bargaining agreement to
negotiate flexible terms for the timing of meal periods because current law significantly restricts
the freedom of drivers to decide for themselves when they can take their meal periods. They
contend that existing law penalizes drivers who require some flexibility for personal safety or
other reasons as it relates to taking a meal period, including being stuck in traffic or seeking to
take a break in a safe neighborhood. This measure will allow flexibility through collective
bargaining in the transportation industry and relieve UPS from disciplining employees who
require some flexibility for their meal period.
In addition, UPS points out that in 2007 the Assembly passed a similar measure, AB 1034
(Keene) on a 71-0 vote. They state that, although opponents of this measure have complained
that they are not included, they have clearly not shown an ability to seek similar flexibility on
their own. UPS states that it continues to support broader solutions, but cannot continue to
unfairly discipline their drivers where a collectively bargained solution is readily available with a
flexible solution agreed to by management and labor.
In addition, the Associated General Contractors argue that many construction companies operate
under a collective bargaining agreement. However, as a result of recent case law, without this
legislation a collective bargaining agreement does not supersede the statute. Therefore, this bill
will provide some needed clarity in the current meal period rules for the construction industry.
Opponents object to this measure unless amended to provide clarity to all industries. They state
that currently all industries, business, and occupations are subject to a restrictive statute which
has resulted in costly litigation. They believe that a comprehensive solution must be reached in
order to provide all businesses regardless of size, type or union status with appropriate clarity
and guidance for the compliance and enforcement of meal period laws.
Support: Associated General Contractors
United Parcel Service (sponsor)
Opposition: Associated Builders and Contractors of California
California Construction & Industrial Materials Association
California Hospital Association
California Manufacturers & Technology Association
California Retailers Association
Lumber Association of California and Nevada
National Federation of Independent Business
Western Growers
Status: Set for hearing in the Senate Labor and Industrial Relations committee on June 24, 2009
Staff Recommendation: Watch
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4. Matrix of Significant Legislation
Please see the attached document to the e-mailed agenda to view a matrix of significant transit-
related bills that have been introduced thus far.
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