BILL ANALYSIS Ó
AB 61
Page 1
Date of Hearing: March 21, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 61 (Jefferies) - As Amended: March 8, 2011
SUBJECT : Neighborhood Electric Vehicles: County of Riverside
SUMMARY : Authorizes the County of Riverside (County) or any
city in the County to establish a neighborhood electric vehicle
(NEV) transportation plan. Specifically, this bill :
1)States legislative intent to authorize the County to establish
a NEV transportation plan to further the vision of creating a
sustainable development that reduces gasoline demand and
vehicle emissions.
2)Defines key terms.
3)Authorizes the County or a city in the County to adopt a NEV
transportation plan for an area within their jurisdiction.
4)Requires that the NEV transportation plan be reviewed and
commented on by the Riverside County Transportation Commission
and local law enforcement with responsibilities in the plan
area.
5)Provides that the NEV transportation plan may include the use
of a state highway, or any crossing of the state highway,
subject to approval by the California Department of
Transportation (Caltrans).
6)Requires that the NEV transportation plan include, but not
necessarily be limited to, the following elements:
a) Finding routes that accommodate NEVs without an adverse
impact on traffic safety while considering the travel needs
of other users;
b) Coordinating with other modes of transportation;
c) Providing for NEV-related facilities including special
access points, turnouts, and crossings;
d) Providing for parking facilities at destination
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locations;
e) Providing for special paving, road markings, and
signage;
f) Providing for electrical charging stations; and,
g) Classifying NEV lanes.
1)Requires the County, or a city within the County to, if it
adopts the NEV transportation plan, to accomplish the
following:
a) Establish minimum general design criteria for
development, planning, and construction of separated NEV
lanes;
b) In cooperation with Caltrans, establish uniform
specifications and symbols for signs, markers, and traffic
control devices to control NEV traffic, warn of dangerous
conditions, designate the right-of-way as between NEVs, and
to warn pedestrians, bicyclists and motorists of the
presence of NEV traffic; and,
c) Submit the NEV transportation plan to Caltrans for
approval following a review and recommendation by the
California Traffic Control Devices Committee
1)Requires the County, or a city in the County, if it adopts a
NEV transportation plan, also to adopt the following as part
of the plan.
a) NEVs eligible to use NEV lanes must meet the safety
requirements for low-speed vehicles as set forth in federal
statutes;
b) Minimum safety criteria for NEV operators including NEV
maintenance and safety, requirement to possess a valid
California driver's license and to comply with state
financial and responsibility requirements; and,
c) Restrictions limiting the operation of NEVs to NEV
routes identified in the transportation plan and allowing
only those NEVs that meet safety requirements to operate on
those routes and establishing that violators would be
guilty of an infraction punishable by a fine not exceeding
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one hundred dollars ($100).
1)Requires the County, or a city within the County, if it adopts
the NEV transportation plan to submit a report to the
Legislature on or before January 1, 2016, in consultation with
Caltrans, the California Highway Patrol (CHP), and any
applicable local law enforcement agency to include the
following:
a) A description of the NEV transportation plan and its
elements authorized up to that time;
b) An evaluation on the effectiveness of the NEV
transportation plan on traffic flow and safety; and,
c) A recommendation as to whether the plan should be
terminated, continued, or expanded statewide.
1)Specifies that the NEV transportation plan would remain in
effect until January 1, 2017, and would be repealed as of that
date unless later enacted statue, before January 1, 2017,
deletes or extends this provision.
2)Makes other technical amendments.
EXISTING LAW :
1)Defines a "NEV" 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)Generally, subjects drivers of NEVs to the same laws as
drivers of other vehicles.
3)Provides that NEVs are subject to all provisions applicable to
a motor vehicle.
4)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.
5)Prohibits NEVs from being operated on any roadway with a speed
limit in excess of 35 mph, except in areas where a NEV
transportation has been adopted.
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6)Requires owners of registered NEVs to comply with financial
responsibility laws and requires NEV operators to possess a
driver's license.
7)Requires cities of Lincoln and Rocklin, City of Fresno, County
of Amador and the Cities of Jackson, Sutter Creek and Amador
City, and County of Orange if they adopt a NEV transportation
plan, to report to the legislature on their individual plans,
the plans' effectiveness, and their impact on traffic flow and
safety; also requires the cities to make recommendations to
the Legislature on extending the sunset date or expanding the
authorizations for NEV transportation plans statewide.
FISCAL EFFECT : This bill would likely have minor, absorbable,
costs to Caltrans for reviewing and approving components of the
NEV transportation plan relative to potential state highway use
or crossings and minor, absorbable, costs to the California
Highway Patrol (CHP) for consulting with local agencies on the
NEV transportation plan.
COMMENTS : The author has introduced this bill to encourage the
safe use of NEVs. To date, the Legislature has authorized NEV
transportation plans in at least eight other locations. To
date, none of the jurisdictions have reported serious problems
as a result of having implemented an NEV Plan. In fact, reports
to the Legislature on authorized NEV transportation plans for
the cities of Lincoln and Rocklin in Placer County indicate that
not only should implementation of the NEV plans continue, but
similar programs should be created statewide.
PREVIOUS LEGISLATION:
AB 1781 (Villines), Chapter 452, Statutes of 2010, authorized,
until January 1, 2016, the City of Fresno (City) to establish a
neighborhood electric vehicle (NEV) transportation plan.
AB 584 (Huber), Chapter 437, Statutes of 2010, authorized the
County of Amador and the cities of Jackson, Sutter Creek and
Amador City to establish a NEV transportation plan.
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.
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SB 956 (Correa), Chapter 442, Statutes of 2007, authorized 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, 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.
REGISTERED SUPPORT / OPPOSITION :
Support
Western Riverside Council of Governments (Sponsor)
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093