BILL ANALYSIS
AB 584
Page 1
Date of Hearing: January 11, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 584 (Huber) - As Amended: January 4, 2010
SUBJECT : Neighborhood electric vehicles
SUMMARY : Allows the County of Amador and the cities of Jackson,
Sutter Creek and Amador City to establish a neighborhood
electric vehicle (NEV) transportation plan. Specifically, this
bill :
1)Authorizes the County of Amador and the cities of Jackson,
Sutter Creek and Amador City, by ordinance or resolution, to
adopt a NEV transportation plan (plan), provided the plan is
reviewed by local law enforcement and the Amador County
Transportation Commission. The plan may include the use or
crossing of a state highway with the approval of California
Department of Transportation (Caltrans).
2)Requires that the plan identify NEV routes, provide for NEV
facilities (separate lanes, trails, street crossings, parking,
charging stations, signage, etc.), and establish minimum
general design criteria for separated NEV lanes.
3)Exempts NEVs in the plan area from the prohibition of NEV on
streets with speed limits in excess of 35 miles per hour
(mph).
4)Requires that NEVs meet the federal safety equipment
requirements for low-speed vehicles, which include seatbelts,
headlights, mirrors, and turn signals. The NEV plan also must
permit golf carts, provided they are modified to meet
specified safety requirements.
5)Requires drivers of NEVs in the plan area to have a valid
California driver's license and comply with the financial
responsibility requirements in existing law.
EXISTING LAW
1)Defines a low-speed vehicle as a motor vehicle that is four
wheeled, can attain a speed in one mile of more than 20 mph on
a paved, level surface, and has a gross vehicle weight rating
AB 584
Page 2
of less than 3,000 pounds. Low-speed vehicles are also known
as neighborhood electric vehicles (NEVs).
2)Prohibits NEVs from being operated on any roadway with a speed
limit in excess of 35 mph, unless a designated area has been
granted an exemption, such as those found in the cities of
Lincoln, Rocklin and the Ranch Plan Planned Community in
Orange County.
3)Authorizes a pilot project, until January 1, 2012, in the
cities of Lincoln and Rocklin in the County of Placer under
which those cities may each establish a "neighborhood electric
vehicle transportation plan."
4)Requires adoption of a NEV transportation plan to include
consulting with local law enforcement and transportation
planning officials.
5)Requires a NEV transportation plan to include among other
things, development of NEVs routes and facilities,
identification of parking facilities, creation of separate and
mixed used travel lanes, trails, street crossings, and
charging stations.
6)Requires the pilot project cities to work with Caltrans to
establish uniform specifications and symbols for signs,
traffic control devices, and right-of-way designation in the
plan areas.
7)Requires that if the cities of Lincoln and Rocklin adopt an
NEV transportation plan, then each city must report to the
Legislature by January 11, 2011, on the plan, its
effectiveness, and its impact on traffic flows and safety, and
make a recommendation to the Legislature on extending the
sunset date or expanding the authorization for NEV
transportation plans statewide.
8)Authorizes until January 1, 2013, the County of Orange, by
ordinance or resolution, to adopt a NEV transportation plan
for the Ranch Plan Planned Community, provided the plan is
reviewed by local law enforcement and the Orange County
Transportation Authority. A report to the Legislature is
required by November 1, 2011.
FISCAL EFFECT : Unknown
AB 584
Page 3
COMMENTS : The author introduced this bill because existing law
prohibits NEVs from being operated on any roadway with a speed
limit in excess of 35 mph, unless an exemption has been granted
by the Legislature, as has been granted with the before
mentioned pilot project areas. The author points out that this
bill "will create a more sustainable circulation system that
will encourage NEV usage and provide a suitable alternative to
automobiles while decreasing fossil fuel usage, greenhouse gas
emissions, and overall energy use within the community."
Under existing law, a city may adopt a NEV transportation plan,
as noted above, while including consultation with local law
enforcement and transportation planning officials. This bill
seeks to establish an exception to the NEV restriction that
prevents NEVs from navigating at speed limits greater than 35
mph.
Existing law enacted in 2004, under AB 2353 (Leslie) Chapter
422, Statutes of 2004, and subsequently extended by AB 2963
(Gaines) Chapter 199, Statutes of 2008, provided the cities of
Lincoln and Rocklin in Placer County an exemption, until January
1, 2012, to the 35 mph or less in their respective NEV
transportation plan (plan).
The City of Lincoln adopted its plan in August 2006 and
submitted their report to the Legislature in 2009, while the
City of Rocklin adopted their plan in 2007 and had their report
to the Legislature submittal date extended until January 1,
2011.
Prior to existing law and the ensuing pilot projects being
established in the cities of Lincoln and Rocklin, there was no
formal process to create a city transportation plan involving
the extensive use of low-speed vehicles. While the concept of
these efficient low-speed vehicles has existed, the pilot
projects represented the first major citywide NEV transportation
projects in the state of California. Part of the pilot project
process included a report to the Legislature that detailed the
NEV plans, their effectiveness, and their impact on traffic
flows and safety. The report also required a recommendation on
whether the law should be terminated, continued solely for
Lincoln and Rocklin, or expanded statewide.
In its required report to the Legislature, the City of Lincoln's
AB 584
Page 4
NEV Transportation Plan evaluation report (report), suggests
that "while a large majority of the proposed plan is pending
implementation of signage and stripping, it is meeting its goal
of maintaining safety and acceptable levels of traffic while
increasing mobility to its residents."
The report findings indicate that the City of Lincoln Police
Department and the California Highway Patrol (CHP) have not been
aware of NEVs being involved in incidents, crashes, or
violations. Both entities perceived NEVs to be safe in areas
were the transportation plan had been implemented. The report
points out traffic patterns throughout Lincoln do not appear to
be impeded and that traditional motorists feel safe around NEVs,
although respondents did feel that NEVs slightly decrease their
speeds.
Conversely, NEV users registered a higher degree of comfortably
with paths restricted only to NEVs rather than with roads that
shared lanes with automobiles. Sixteen percent of bicyclist
respondents indicated a problem with sharing space with NEVs
users in mixed lanes.
With regard to signage and pavement markings, most NEV users,
traditional motorists, and bicyclists confirm that the current
signage and stripping is easy to read and understand.
Overall, the report findings recommend that implementation
should not only continue in the original pilot cities but that
similar programs can be successful statewide. The report does
underscore that a "more comprehensive analysis should be
conducted when more of the approved NEV transportation plan had
been implemented to better evaluate the potential safety
concerns that may exist on higher speed facilities."
It is important to point out that while the original pilot
project city reports to the Legislature were pending, additional
legislation was signed into law granting similar authority to
other localities. SB 956 (Correa) Chapter 442, Statutes of
2007, authorized until January 1, 2013, the County of Orange, by
ordinance or resolution, to adopt a NEV transportation plan for
the Ranch Plan Planned Community.
This bill represents another legislative proposal to expand the
NEV exemption to the 35 mph speed limit restriction, despite
having limited data on the effects of the previous pilot
AB 584
Page 5
projects. Currently, there are two reports pending to the
Legislature, specifically the City of Rocklin report which is
due January 1, 2011, while the Orange County report to the
Legislature is due November 11, 2011.
Author's amendment : The author intends to amend this bill to
reflect the original pilot program and require that a sunset
date of five years (until January 1, 2016) and a report to the
Legislature be required, as was originally prescribed under NEV
legislation.
The specific amendments are as follows; On Page 6, line 19,
insert the following:
If the County of Amador and the cities of Jackson, Sutter Creek
and Amador City adopt a NEV transportation plan pursuant to this
chapter, the county shall submit a report to the Legislature on
or before January 1, 2015, in consultation with Caltrans, CHP,
and local law enforcement agencies. The report shall include
all of the following:
1)A description of the NEV transportation plan and its elements
that have been authorized up to that time.
2)An evaluation of the effectiveness of the NEV transportation
plan, including its impact on traffic flows and safety.
3)A recommendation as to whether this chapter should be
terminated, continued in existence and applicable solely to
the County of Amador and the cities of Jackson, Sutter Creek
and Amador City, or expanded statewide.
This chapter shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that
date.
Previous legislation : AB 2963 (Gaines) Chapter 199, Statutes of
2008, extended until 2012, a pilot project in the cities of
Lincoln and Rocklin under which these cities may adopt NEV
plans.
SB 956 (Correa) Chapter 442, Statutes of 2007, authorized until
January 1, 2013, the County of Orange, by ordinance or
resolution, to adopt an NEV transportation plan for the Ranch
AB 584
Page 6
Plan Planned Community. A report to the Legislature is required
by November 1, 2011.
AB 2353 (Leslie) Chapter 422, Statutes of 2004, authorized an
exemption to the prohibition on NEV operational speed limits for
the cities of Lincoln and Rocklin and established criteria for
the development of NEVs transportation plans.
SB 612 (Oller), Chapter 16, Statutes of 2003, exempted, until
January 1, 2006, a local community in Sacramento County from the
requirement to establish a golf cart transportation plan in
order to allow golf carts and low-speed vehicles, within the
territory of the Rancho Murieta Community Services District, to
cross at two specific intersections on State Route 16, under
specific conditions.
SB 186 (Costa), Chapter 140, Statutes of 1999, established a
definition for a low-speed vehicle, and requires that these
vehicles meet specified safety and operation requirements.
REGISTERED SUPPORT / OPPOSITION :
Support
Amador County Transportation Commission (Sponsor)
Amador Citizens for Transit Options
Opposition
None received
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093