BILL ANALYSIS Ó AB 225 Page 1 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. AB 225 Page 2 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; AB 225 Page 3 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 AB 225 Page 4 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 Page 5 None on file Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093