BILL NUMBER: AB 1781	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	AMENDED IN SENATE  AUGUST 11, 2010
	AMENDED IN SENATE  JULY 1, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Villines

                        FEBRUARY 9, 2010

   An act to add and repeal Chapter 7.1 (commencing with Section
1964) of Division 2.5 of the Streets and Highways Code, and to amend
Sections 21251 and 21260 of the Vehicle Code, relating to
neighborhood electric vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1781, Villines. Neighborhood electric vehicles.
   Existing law defines "low-speed vehicle" for purposes of the
Vehicle Code as a motor vehicle, other than a motor truck, with 4
wheels that is capable of a minimum speed of 20 miles per hour and a
maximum speed of 25 miles per hour on a paved level surface and that
has a gross vehicle weight rating of less than 3,000 pounds. Existing
law imposes certain restrictions on the use of low-speed vehicles on
public streets and highways, and generally requires an operator of a
low-speed vehicle to have a driver's license. A low-speed vehicle is
also known as a neighborhood electric vehicle (NEV). A violation of
the Vehicle Code is an infraction, unless otherwise specified.
   Existing law authorizes, until January 1, 2012, the City of
Lincoln and the City of Rocklin in the County of Placer to establish
a NEV transportation plan and authorizes, until January 1, 2013, the
County of Orange to establish a NEV transportation plan for the Ranch
Plan Planned Community in that county. A person operating a NEV in a
plan area in violation of certain provisions is guilty of an
infraction punishable by a fine not exceeding $100.
   This bill would authorize the City of Fresno to establish a
similar NEV transportation plan, subject to the same penalties. The
bill would require the plan to be submitted to the department for
review and approval. The bill would require a report to the
Legislature by November 1, 2014, if the city adopts a plan. The bill
would repeal these provisions on January 1, 2016. Because the bill
would create a new crime, it would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would incorporate additional changes to Sections 21251
and 21260 of the Vehicle Code made by this bill and AB 584 to take
effect if both bills are chaptered and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 7.1 (commencing with Section 1964) is added to
Division 2.5 of the Streets and Highways Code, to read:
      CHAPTER 7.1.  NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION PLAN
FOR THE CITY OF FRESNO


   1964.  It is the intent of the Legislature, in enacting this
chapter, to authorize the City of Fresno to establish a neighborhood
electric vehicle (NEV) transportation plan. The purpose of this NEV
transportation plan is to further the vision of creating a
sustainable development that reduces gasoline demand and vehicle
emissions by offering a cleaner, more economical means of local
transportation within the plan area. It is the further intent of the
Legislature that this NEV transportation plan be designed and
developed to best serve the functional travel needs of the plan area,
to have the physical safety of the NEV driver's person and property
as a major planning component, and to have the capacity to
accommodate NEV drivers of every legal age and range of skills.
   1964.1.  The following definitions apply to this chapter:
   (a) "Plan area" means any portion of the City of Fresno, and any
streets and roads under the jurisdiction of the city, to the extent
the city has adopted a NEV transportation plan pursuant to Section
1964.2, including the privately owned land of any owner that consents
to its inclusion in the plan. "Plan area" may also include county
islands, which are areas of land and streets and roads under county
jurisdiction that are not part of the City of Fresno, but that are
entirely surrounded by the city, if the county concurs in inclusion
of county islands in the NEV transportation plan.
   (b) "Neighborhood electric vehicle" or "NEV" means a low-speed
vehicle as defined by Section 385.5 of the Vehicle Code.
   (c) "NEV lanes" means all publicly or privately owned facilities
that provide for NEV travel, including roadways designated by signs
or permanent markings that are shared with pedestrians, bicyclists,
and other motorists in the plan area.
   1964.2.  (a) The City of Fresno may, by ordinance or resolution,
adopt a NEV transportation plan for the plan area.
   (b) The transportation plan shall have received a prior review and
the comments of the Council of Fresno County Governments and any
agency having traffic law enforcement responsibilities in the plan
area.
   (c) The transportation plan may include the use of a state
highway, or any crossing of the highway, subject to the approval of
the Department of Transportation.
   1964.3.  The transportation plan shall include, but is not limited
to, all of the following elements:
   (a) Route selection, which includes a finding that the route will
accommodate NEVs without an adverse impact upon traffic safety, and
will consider, among other things, the travel needs of commuters and
other users.
   (b) Transportation interfacing, which shall include, but not be
limited to, coordination with other modes of transportation so that a
NEV driver may employ multiple modes of transportation in reaching a
destination in the plan area.
   (c) Citizen and community involvement in planning.
   (d) Flexibility and coordination with long-range transportation
planning.
   (e) Provision for NEV-related facilities, including, but not
limited to, special access points and NEV crossings.
   (f) Provisions for parking facilities at destination locations,
including, but not limited to, community commercial centers, golf
courses, public areas, and parks.
   (g) Provisions for special paving, road markings, signage, and
striping for NEV travel lanes, road crossings, parking, and
circulation, as appropriate.
   (h) Provisions for NEV electrical charging stations.
   (i) NEV lanes for the purposes of the transportation plan shall be
classified as follows:
   (1) Class I NEV routes provide for a completely separate
right-of-way for the use of NEVs.
   (2) Class II NEV routes provide for a separate striped lane
adjacent to roadways with speed limits of 55 miles per hour or less.
   (3) Class III NEV routes provide for shared use by NEVs with
conventional vehicle traffic on streets with speed limits of 35 miles
per hour or less.
   1964.4.  If the City of Fresno adopts a NEV transportation plan
for the plan area pursuant to Section 1964.2, it shall do all of the
following:
   (a) Establish minimum general design criteria for the development,
planning, and construction of separated NEV lanes, including, but
not limited to, the design speed of the facility, the space
requirements of the NEV, and roadway design criteria.
   (b) In cooperation with the department, establish uniform
specifications and symbols for signs, markers, and traffic control
devices to control NEV traffic; to warn of dangerous conditions,
obstacles, or hazards; to designate the right-of-way as between NEVs,
other vehicles, and bicycles, as may be applicable; to state the
nature and destination of the NEV lane; and to warn pedestrians,
bicyclists, and motorists of the presence of NEV traffic.
   (c) Submit the transportation plan to the Director of
Transportation for approval following a review and recommendation by
the California Traffic Control Devices Committee.
   1964.5.  If the City of Fresno adopts a NEV transportation plan,
it may acquire, by dedication, purchase, or condemnation, real
property, including easements or rights-of-way, to establish NEV
lanes.
   1964.6.  If the City of Fresno adopts a NEV transportation plan
for the plan area pursuant to Section 1964.2, it shall also adopt all
of the following as part of the plan:
   (a) NEVs eligible to use NEV lanes shall meet the safety
requirements for low-speed vehicles as set forth in Section 571.500
of Title 49 of the Code of Federal Regulations.
   (b) Minimum safety criteria for NEV operators, including, but not
limited to, requirements relating to NEV maintenance and NEV safety.
Operators shall be required to possess a valid California driver's
license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 (commencing with Section 16000) of
Division 7 of the Vehicle Code.
   (c) (1) Restrictions limiting the operation of NEVs to NEV routes
identified in the transportation plan, and allowing only those NEVs
that meet the safety equipment requirements specified in the plan to
be operated on those routes.
   (2) Any person operating a NEV in the plan area in violation of
this subdivision is guilty of an infraction punishable by a fine not
exceeding one hundred dollars ($100).
   1964.7.  (a) If the City of Fresno adopts a NEV transportation
plan for the plan area pursuant to this chapter, the city shall
submit a report to the Legislature on or before November 1, 2014, in
consultation with the Department of Transportation, the Department of
the California Highway Patrol, and any applicable local law
enforcement agency.
   (b) The report shall include both 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.
   1964.8.  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.
  SEC. 2.  Section 21251 of the Vehicle Code is amended to read:
   21251.  Except as provided in Chapter 7 (commencing with Section
1963), Chapter 7.1 (commencing with Section 1964), and Chapter 8
(commencing with Section 1965) of Division 2.5 of the Streets and
Highways Code, and Sections 4023, 21115, and 21115.1, a low-speed
vehicle is subject to all the provisions applicable to a motor
vehicle, and the driver of a low-speed vehicle is subject to all the
provisions applicable to the driver of a motor vehicle or other
vehicle, when applicable, by this code or another code, with the
exception of those provisions that, by their very nature, can have no
application.
  SEC. 2.5.  Section 21251 of the Vehicle Code is amended to read:
   21251.  Except as provided in Chapter 7 (commencing with Section
1963), Chapter 7.1 (commencing with Section 1964), Chapter 8
(commencing with Section 1965), and Chapter 8.1 (commencing with
Section 1966) of Division 2.5 of the Streets and Highways Code, and
Sections 4023, 21115, and 21115.1, a low-speed vehicle is subject to
all the provisions applicable to a motor vehicle, and the driver of a
low-speed vehicle is subject to all the provisions applicable to the
driver of a motor vehicle or other vehicle, when applicable, by this
code or another code, with the exception of those provisions that,
by their very nature, can have no application.
  SEC. 3.  Section 21260 of the Vehicle Code is amended to read:
   21260.  (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 7
(commencing with Section 1963), Chapter 7.1 (commencing with Section
1964), or Chapter 8 (commencing with Section 1965) of Division 2.5 of
the Streets and Highways Code, the operator of a low-speed vehicle
shall not operate the vehicle on any roadway with a speed limit in
excess of 35 miles per hour.
   (b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
   (2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
  SEC. 3.5.  Section 21260 of the Vehicle Code is amended to read:
   21260.  (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 7
(commencing with Section 1963), Chapter 7.1 (commencing with Section
1964), Chapter 8 (commencing with Section 1965), or Chapter 8.1
(commencing with Section 1966) of Division 2.5 of the Streets and
Highways Code, the operator of a low-speed vehicle shall not operate
the vehicle on any roadway with a speed limit in excess of 35 miles
per hour.
   (b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
   (2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
  SEC. 4.  Section 2.5 of this bill incorporates amendments to
Section 21251 of the Vehicle Code proposed by both this bill and AB
584. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 21251 of the Vehicle Code, and (3) this bill is enacted after
AB 584, in which case Section 2 of this bill shall not become
operative.
  SEC. 5.  Section 3.5 of this bill incorporates amendments to
Section 21260 of the Vehicle Code proposed by both this bill and AB
584. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 21260 of the Vehicle Code, and (3) this bill is enacted after
AB 584, in which case Section 3 of this bill shall not become
operative.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.