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Agenda Item # 23

BOARD MEMORANDUM

RECOMMENDATION:

Adopt a support position for AB 839 (Salinas), which deals with public transit security recordings.

BACKGROUND/DISCUSSION:

In its original form, AB 839 (Salinas), which is being sponsored by the California Transit Association, called for exempting videotapes or recordings made by security cameras operated as part of a public transit system from the requirement in current law that recordings of routine video monitoring must be kept for one year before they can be destroyed.  As such, AB 839 was identical to a measure that was approved by the Legislature last year, but vetoed by Governor Gray Davis (AB 2048).  Although the Governor was not supportive of a complete exemption, he did indicate in his veto message to the Legislature that he would be willing to consider a requirement for public transit operators that is less than one year.

A number of public transit operators in California, including VTA, have equipped their buses and/or rail vehicles with on-board video cameras in order to combat graffiti and vandalism, and enhance the safety and security of the traveling public.  Most, if not all, of these operators have not been keeping their video recordings for a year because current law was being interpreted to mean that the requirement did not apply in this case.  Unless the recordings were needed as evidence in any claim filed or any pending litigation, it was standard practice for public transit operators to record over them.  However, a recent opinion from the Office of the Legislative Counsel states that the one-year retention requirement does indeed apply to public transit operators.

Adhering to this requirement would be an administrative burden and a costly endeavor for California public transit operators, particularly if they have a large fleet.  In VTAs case, it would cost approximately $3 million annually to retain the recordings made by the security cameras that have been installed on 340 of our buses for a year.  These costs are primarily attributable to the labor that would be needed to pull the data storage unit from each vehicle at the end of its shift in order to download the information onto a central hard drive, and to catalogue this information.

A number of California public transit operators have indicated that they could not afford to meet the one-year retention requirement and would be forced to disable the security cameras that they currently have on their vehicles.  Other operators without security cameras on their vehicles right now have said that they cannot afford such systems with the one-year requirement in place, and have decided to delay their purchase orders indefinitely.

Although it is important to consider providing some relief to public transit operators in terms of the cost burden associated with storing their security recordings, a complete exemption from the one-year requirement may not be in the best interests of public safety.  Therefore, the Board of Directors, on April 3, 2003, adopted a watch position for AB 839, and instructed staff to work with the bills author, the California Transit Association and the Governors Office to come up with a solution to this problem that relieves public transit operators from having to incur excessive costs related to retaining security recordings without compromising public safety.

Since the Boards action, AB 839 has been amended based upon discussions that have occurred between the bills author, the California Transit Association and the Governors Office.  In its new form, this measure requires videotapes or recordings made by a security camera system operated by a public transit agency to be retained for four days.  It further specifies that any security camera system purchased or installed on or after January 1, 2009, by a public transit operator must be capable of storing videotapes or recordings for at least 30 days.

The new version of AB 839 is intended to establish a retention requirement in the short term for public transit operators that matches the storage capabilities of the most advanced technology that currently is available in the marketplace, which equates to four days before the system starts recording over information.  Therefore, under a four-day retention requirement, operators would not have to incur the additional costs of physically removing the data storage units from their vehicles after each shift, downloading the information onto a central hard drive, and cataloguing the information.

Furthermore, the bill is intended to encourage the future development of technology that would have the capacity to retain security recordings for longer periods of time.

We believe this is a reasonable approach that balances the duel needs of financial and administrative relief for public transit operators and public safety.  Therefore, we recommend that the Board of Directors support AB 839.

ALTERNATIVES:

The Board of Directors could decide to adopt a position different from that which is being recommended, or it could decide to take no position on this bill at this time.

FISCAL IMPACT:

There is no immediate fiscal impact associated with this recommendation.

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