BILL ANALYSIS
AB 1781
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1781 (Villines)
As Amended August 11, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |74-0 |(April 22, |SENATE: |31-0 |(August 18, |
| | |2010) | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: TRANS.
SUMMARY : Authorizes, until January 1, 2016, the City of Fresno
(City) to establish a neighborhood electric vehicle (NEV)
transportation plan.
The Senate amendments :
1)Require the City to submit its transportation plan to the
California Department of Transportation (Caltrans) for
approval following a review and recommendation by the
California Traffic Control Devices Committee.
2)Resolve potential chaptering out conflicts with AB 584
(Huber).
3)Make technical, non-substantive changes so that the authority
granted to the City via this bill is consistent with similar
authorities granted to other cities.
EXISTING LAW :
1)Defines a "neighborhood electric vehicle" as a motor vehicle
that has four wheels, can reach speeds of 25 mph, and has a
gross vehicle weight rating of less than 3,000 pounds.
2)Subjects, generally, drivers of NEVs to the same laws as
drivers of other vehicles.
3)Provides that NEVs qualify for relaxed federal motor vehicle
safety standards that require: three-point seat belts, running
lights, headlights, brake lights, reflectors, rear view
mirrors, and turn signals. Doors are optional.
4)Prohibits NEVS from being operated on any roadway with a speed
AB 1781
Page 2
limit in excess of 35 mph except in areas where a NEV
transportation plan has been adopted. Areas specifically
authrorized to adopt a NEV transportation plan are the Cities
of Lincoln and Rocklin in Placer County and the Ranch Plan
Planned Community in Orange County.
5)Requires owners of registered NEVs to comply with financial
responsibility laws and requires NEV operators to possess a
driver's license.
6)Does not require NEVs to be registered.
7)Requires the Cities of Lincoln and Rocklin, if they adopt a
NEV transportation plan, to report to the Legislature by
January 11, 2011, on their individual plans, their
effectiveness, and their impact on traffic flows and safety;
also, requires the cities to 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,
b) Consult with local agencies adopting a NEV plan in their
preparation of the report required by this bill.
1)Minor, probably absorbable costs to the California Highway
Patrol (CHP) to consult with local agencies adopting a NEV
plan in their preparation of the report required by this bill.
AB 1781
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 City of Fresno, however, is
seeking authority to develop a transportation plan that
encompasses the use of NEVs.
AB 2353 (Leslie) Chapter 422, Statutes of 2004, and subsequently
extended by AB 2963 (Gaines) Chapter 199, Statutes of 2008,
provides the Cities of Lincoln and Rocklin in Placer County an
exemption, until January 1, 2012, to the restriction that NEVs
must be operated only on roads with a 35 mph or less speed
limit, if a NEV transportation plan was adopted.
The City of Lincoln adopted its plan in August 2006 and
submitted its report to the Legislature in 2009, while the City
of Rocklin adopted its plan in 2007 and had its report to the
Legislature submittal date extended until January 1, 2011.
In its required report to the Legislature, the City of Lincoln
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
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 that traffic patterns throughout Lincoln do
not appear to be impeded and traditional motorists feel safe
around NEVs, although respondents did feel that NEVs slightly
decreased their speeds. Conversely, NEV users registered a
higher degree of comfort 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
striping is easy to read and understand.
Overall, the report findings recommend that implementation
should not only continue in the original pilot cities but that
AB 1781
Page 4
similar programs can be successful statewide. The report
underscores 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.
Specifically, SB 956 (Correa) Chapter 442, Statutes of 2007,
authorizes until January 1, 2013, the County of Orange to adopt
a NEV transportation plan for the Ranch Plan Planned Community.
That bill similarly includes a sunset date, until January 1,
2016, so that findings from implementation of these earlier NEV
transportation plans can be appropriately assessed, especially
for safety-related purposes.
Writing in opposition to this bill, the California Council of
the Blind believes "The introduction of neighborhood electric
vehicles will endanger the lives of blind and visually impaired
pedestrians." The Council further states that "No new NEV
transportation plans should be approved until such safety
standards are in place."
This is not the first time that concerns for the impact of quiet
vehicles on visually impaired pedestrians has been raised.
Senator Lowenthal introduced SB 1174 in 2008, that would have
required the State Energy Resources Conservation and Development
Commission to convene a Quiet Motorized Road Vehicle and Safe
Mobility Committee, comprised of representatives from specified
entities to research, identify, and make recommendations to the
commission on strategies to ensure that all motorized road
vehicles, regardless of engine type or configuration, emit sound
sufficient to be heard and localized by pedestrians who are
blind or visually impaired.
Governor Schwarzenegger vetoed SB 1174, stating: "Currently,
the National Highway Traffic Safety Administration, the Society
of Automotive Engineers International, and the automotive
industry are collaborating on research to address this problem.
Since the State of California has no authority over vehicle
design, except for purposes of controlling air pollution
emissions, and there is value in creating conforming standards
throughout the nation, this issue should be handled at the
federal level."
AB 1781
Page 5
Although a technical report on this research by the Society of
Automotive Engineers was originally due in late 2008, the report
has yet to be released. It is currently anticipated that the
report will be released by the end of 2010.
Pending legislation: AB 584 (Huber), would allow the County of
Amador and the Cities of Jackson, Sutter Creek and Amador City
to establish a NEV transportation plan. This bill passed the
Assembly Transportation Committee unanimously. It is pending in
the Assembly.
Previous legislation: AB 2963 (Gaines) Chapter 199, Statutes of
2008, extends 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, authorizes until
January 1, 2013, the County of Orange to adopt a 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, authorizes 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.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN:
0005912