Commercial airlines: passenger rights.

Pursuant to existing law, the federal Department of Transportation has adopted regulations, that became effective April 29, 2010, requiring air carriers, as defined, to do all of the following: (1) adopt contingency plans for lengthy tarmac delays that include specified passenger services and to publish those plans on their Internet Web site, (2) adopt a customer service plan that addresses specified matter and audit compliance with the plan, and (3) designate Advocates for Passengers' Interests and inform consumers how to file a complaint about scheduled service, acknowledge receipt of each complaint, and send a substantive response to each complainant. The regulations make an air carrier's failure to comply with its contingency plan for lengthy tarmac delays an unfair and deceptive practice subject to enforcement by the department. The regulations additionally make unrealistic scheduling of flights and the holding out of certain chronically delayed flights an unfair and deceptive practice and an unfair method of competition. Existing law requires the Public Utilities Commission to require every commercial air operator, as defined, to procure, and continue in effect, adequate protection against liability for personal bodily injuries and property damage as a result of an accident, that may be imposed by law upon the operator and upon any person using, operating, or renting an aircraft, as defined, with the permission of the operator. This bill would require, whenever passengers have boarded an aircraft, as defined, and departure of the aircraft from the airport, as defined, is delayed by more than 2 hours, or more than 2 hours have passed following landing of the aircraft and passengers have not disembarked from the aircraft, that the air carrier, as defined, provide passengers, as needed, with (1) electrical service that is sufficient to provide the passengers with fresh air and light, (2) waste removal service in order to service the holding tanks for onboard restrooms, and (3) adequate food and drinking water and other refreshment. This bill would require an air carrier to provide clear and conspicuous notice regarding passenger or consumer complaint contact information. The bill would authorize the commission to levy a civil penalty of up to $27,500 per passenger upon an air carrier for violation of the above-described requirements, if the federal Department of Transportation no longer has the authority to levy fines pursuant to its above-described regulations, along with interest upon any unpaid and delinquent penalty, and requires the commission to pay any moneys collected through the levy into the General Fund. The commission would be required to notify the Department of Finance and the relevant policy and fiscal committees of the Legislature if it determines the federal Department of Transportation no longer has the authority to levy fines and conditions the commission's exercise of its enforcement authority upon the Legislature making an appropriation for that purpose.