BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 225
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          Date of Hearing:   April 15, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                    AB 225 (Nestande) - As Amended:  April 9, 2013
           
          SUBJECT  :  Medium-speed electric vehicles 

           SUMMARY  :  Authorizes the operation medium-speed electric  
          vehicles (MSV), as defined, on roadways.  Specifically,  this  
          bill  :  

          1)Defines a "medium-speed electric vehicle" as a vehicle that  
            is: 

             a)   Required to attain a speed between 40 to 45 miles per  
               hour within one mile and on a paved level surface;

             b)   Possesses a fully-enclosed passenger compartment with  
               rigid doors and safety windows; 

             c)   Has a gross vehicle weight of no more than 3,000 pounds;

             d)   Is propelled solely by an electric motor; and,

             e)   Contains a vehicle identification number that meets  
               international standards.  

          1)Requires MSVs to meet federal safety standards, as specified,  
            including: 

             a)   A fully enclosed passenger compartment with rigid doors  
               and safety windows; 

             b)   A horn that is capable of emitting sound at specified  
               levels;

             c)   Roof crush resistance;

             d)   Electrolyte spillage and electrical shock protection;  
               and,

             e)   A windshield that conforms to the American National  
               Standards Institute's safety code.  









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          1)Clarifies that MSVs are subject to laws generally applicable  
            to motor vehicles.  

          2)Prohibits MSVs from operating at speeds greater than 45 miles  
            per hour.  

          3)Prohibits MSVs from being operated on a roadway with a speed  
            limit in excess of 45 miles per hour.   

           EXISTING LAW :  

          1)Defines LSVs (also known as "neighborhood electric vehicles")  
            as: 

             a)   Having four wheels;

             b)   Capable of speeds of more than 20 miles per hour, but no  
               more than 25 miles per hour;
         
             c)   Having a gross vehicle weight rating of less than 3,000  
               pounds; and,

             d)   Meeting federal safety requirements as specified for  
               LSVs.  

          1)Requires that LSVs are subject to all laws applicable to a  
            motor vehicle and all drivers of LSVs are subject to all laws  
            applicable to the driver of a motor vehicle as specified.  

          2)Requires dealers of LSVs to provide a disclosure statement to  
            the buyer regarding the operation of the LSV that is in  
            compliance with existing provisions of state regulations.  

          3)Prohibits LSVs from being operated on a roadway with a speed  
            limit in excess of 35 miles per hour.  

          4)At the federal level, requires LSVs to possess: 

             a)   Headlamps;

             b)   Stop lights;
           
             c)   Turn signal lights;

             d)   Taillights; 








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             e)   Reflex reflectors; 

             f)   Parking brakes;
           
             g)   Rearview mirrors;
           
             h)   Windshields; 

             i)   Seatbelts; and, 

             j)   Vehicle Identification Numbers.  

          1)Prohibits any person from manufacturing for sale, selling,  
            offering for sale, introducing, or delivering for introduction  
            in interstate commerce any new motor vehicle unless the  
            vehicle complies with all applicable federal motor vehicle  
            safety standards and is certified accordingly.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Existing state and federal law provides for the use  
          of LSVs on public highways.  LSVs are generally limited to  
          fairly controlled environments-that is, roads low maximum speeds  
          allowed.  Because of the low allowable speeds, LSVs have fewer  
          safety features than typical passenger vehicles.  

          Manufacturers have begun to produce LSVs that are capable of  
          going greater than 25 miles per hour.  However, these vehicles  
          cannot lawfully be operated on California streets because they  
          are not made to comply with federal motor vehicle safety  
          standards for regular passenger vehicles.  

          Current federal regulations do not classify or provide any  
          safety requirements for MSVs.  Indeed, federal regulations  
          specifically state that any small passenger vehicle whose  
          maximum speed is higher than 25 miles per hour must comply with  
          the full range of motor vehicle safety standards and does not  
          qualify as an LSV.  

          Proponents assert that MSVs would have a number of positive  
          environmental impacts including a reduction in the consumption  
          of fossil fuels and a reduction in greenhouse gas emissions.  As  
          drivers are given the option to travel on local roads in a more  
          cost effective and environmentally conscious manner, the  








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          increase in the number of electric vehicles on roadways would  
          over time reduce the number of greenhouse gas emitting passenger  
          vehicles.  

          The author's office reports that eleven other states have MSV  
          statutes providing for speeds of 35 miles per hour or faster on  
          public roadways.  Apparently, manufacturers of MSVs have gotten  
          around federal motor vehicle safety standards in these states by  
          selling vehicles that are technically LSVs but that can have the  
          speed controller adjusted after purchase to operate like a MSV.   


          The National Highway Traffic Safety Administration (NHTSA),  
          which is responsible for setting federal motor vehicle safety  
          standards, has resisted developing unique specifications for  
          MSVs, stating, "?we are denying [the petition urging NHTSA to  
          create a MSV class of vehicles] because the introduction of such  
          a class of motor vehicles without the full complement of safety  
          features required for other light vehicles such as passenger  
          cars would result in significantly greater risk of deaths and  
          serious injuries.  While NHSTSA agrees with the importance of  
          environmental issues, the agency believes that it is neither  
          necessary nor appropriate to significantly increase the risk of  
          deaths and serious injuries to save fuel."  

           Technical Amendment  : 

          Recent amendments to AB 225 removed previously identified  
          federal safety standards that MSVs were required to meet.  The  
          author's intent was to include additional federal safety  
          standards to provide additional safety requirements for MSVs,  
          not supplant the safety requirements identified in previous  
          versions of this bill.  The author intends to take author's  
          amendments at the hearing to rectify this inadvertent error.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          City of Riverside
          Light Electric Vehicle Association 
          Coachella Valley Economic Partnership 
          Ramon Alvarez - Citizen 

           Opposition 








                                                                 AB 225
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          None on file
           

          Analysis Prepared by  :   Manny Leon / TRANS. / (916) 319-2093