BILL ANALYSIS AB 584 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 584 (Huber) As Amended August 2, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |67-0 |(January 25, |SENATE: |34-0 |(August 11, | | | |2010) | | |2010) | ----------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY : Allows the County of Amador and the cities of Jackson, Sutter Creek and Amador to establish a neighborhood electric vehicle (NEV) transportation plan. The Senate amendments : 1)Require the transportation plan to be submitted to the California Department of Transportation (Caltrans), following a review and recommendation by the California Traffic Control Devices Committee. 2)Clarify that dedicated NEV lanes may not be for joint use of NEVs and bicycles. 3)Make other technical amendments, including a provision to resolve a conflict with AB 1781 (Villines). 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 of less than 3,000 pounds. Low-speed vehicles are also known as 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 AB 584 Page 2 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. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Minor, probably absorbable, costs to Caltrans to: a) Review and approve any component of the proposed NEV transportation plan that allows use of any state highway or any crossing of the highway; and, AB 584 Page 3 b) Consult with local agencies adopting a NEV plan in their preparation of the report required by this bill. 2)Minor, probable absorbable, costs to the California Highway Patrol to consult with local agencies adopting a NEV plan in their preparation of the report required by this bill. 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 AB 584 Page 4 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 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." 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." Related legislation: AB 1781 (Villines) authorizes the City of Fresno to establish a similar NEV transportation plan. AB 1781 is currently pending in Senate. 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 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 AB 584 Page 5 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. Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0005496