BILL NUMBER: AB 604	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member Olsen
   (Coauthors: Assembly Members Baker, Calderon, Cristina Garcia,
Linder, Melendez, Mark Stone, and Waldron)

                        FEBRUARY 24, 2015

   An act to amend Sections 21113, 21960, 21967, and 21968 of, to add
Section 313.5 to, to add Article 7 (commencing with Section 21290)
to Chapter 1 of Division 11 of, and to repeal Section 21295 of, the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 604, Olsen. Electrically motorized boards.
   Existing law regulates the operation of bicycles, motorized
scooters, and electric personal assistive mobility devices, as
defined. Existing law makes a violation of these provisions
punishable as an infraction.
   This bill would define the term "electrically motorized board."
The bill would prohibit the operation of an electrically motorized
board upon a highway while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug. The bill would require the operator of an
electrically motorized board to wear a helmet while operating an
electrically motorized board upon a highway, bikeway, or any other
public bicycle path, sidewalk, or trail. The bill would require an
operator to be at least 16 years of age in order to operate an
electrically motorized board. The bill would also require
electrically motorized boards to be equipped with safety equipment,
as specified, and restrict the operation speed of electrically
motorized boards. Because a violation of these provisions would be
punishable as an infraction, this bill would impose a state-mandated
local program.
   The bill would also require the Commissioner of the California
Highway Patrol to submit a report, as specified, to the Legislature,
on or before January 1, 2021, to assist in determining the effect
that the use of electrically motorized boards has on traffic safety.
   Existing law authorizes transit development boards and public
agencies, including, but not limited to, the Regents of the
University of California and the Trustees of the California State
University, to adopt ordinances, rules, or regulations, respectively,
to restrict, or specify the conditions for, the use of bicycles,
motorized bicycles, skateboards, and roller skates on property under
the control of, or any portion of property used by, the board, or on
public property under the jurisdiction of the agency, respectively.
   This bill would additionally authorize those boards and agencies
to adopt ordinances, rules, and regulations, respectively, for the
use of electrically motorized boards.
   Existing law authorizes local authorities to adopt rules and
regulations by ordinance or resolution prohibiting or restricting
persons from riding or propelling skateboards on highways, sidewalks,
or roadways.
   This bill would additionally authorize local authorities to adopt
rules and regulations by ordinance or resolution prohibiting or
restricting persons from riding or propelling electrically motorized
boards on highways, sidewalks, or roadways.
   Existing law makes it a crime to operate a motorized skateboard on
any sidewalk, roadway, or any other part of a highway or on any
bikeway, bicycle path or trail, equestrian trail, or hiking or
recreational trail.
   This bill would provide that an electrically motorized board is
not a motorized skateboard for those purposes.
   Existing law authorizes the Department of Transportation and local
authorities to prohibit or restrict the use of bicycles, motorized
bicycles, and motorized scooters upon freeways or expressways.
   This bill would authorize the Department of Transportation and
local authorities to also prohibit or restrict the use of
electrically motorized boards upon freeways or expressways.
   This bill would incorporate additional changes to Section 21113 of
the Vehicle Code proposed by AB 1096 that would become operative
only if this bill and AB 1096 are both chaptered, and this bill is
chaptered last.
   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.


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

  SECTION 1.  Section 313.5 is added to the Vehicle Code, to read:
   313.5.  An "electrically motorized board" is any wheeled device
that has a floorboard designed to be stood upon when riding that is
not greater than 60 inches deep and 18 inches wide, is designed to
transport only one person, and has an electric propulsion system
averaging less than 1,000 watts, the maximum speed of which, when
powered solely by a propulsion system on a paved level surface, is no
more than 20 miles per hour. The device may be designed to also be
powered by human propulsion.
  SEC. 2.  Section 21113 of the Vehicle Code is amended to read:
   21113.  (a) A person shall not drive a vehicle or animal, or stop,
park, or leave standing a vehicle or animal, whether attended or
unattended, upon the driveways, paths, parking facilities, or the
grounds of any public school, state university, state college, unit
of the state park system, county park, municipal airport, rapid
transit district, transit development board, transit district, public
transportation agency, county transportation commission created
pursuant to Section 130050 of the Public Utilities Code, joint powers
agency operating or managing a commuter rail system, or any property
under the direct control of the legislative body of a municipality,
or a state, county, or hospital district institution or building, or
an educational institution exempted, in whole or in part, from
taxation, or any harbor improvement district or harbor district
formed pursuant to Part 2 (commencing with Section 5800) or Part 3
(commencing with Section 6000) of Division 8 of the Harbors and
Navigation Code, a district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code,
or state grounds served by the Department of the California Highway
Patrol, or any property under the possession or control of a housing
authority formed pursuant to Article 2 (commencing with Section
34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety
Code, except with the permission of, and upon and subject to any
condition or regulation that may be imposed by, the legislative body
of the municipality, or the governing board or officer of the public
school, state university, state college, county park, municipal
airport, rapid transit district, transit development board, transit
district, public transportation agency, county transportation
commission, joint powers agency operating or managing a commuter rail
system, or state, county, or hospital district institution or
building, or educational institution, or harbor district, or a
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code, or housing
authority, or the Director of Parks and Recreation regarding units of
the state park system or the state agency with jurisdiction over the
grounds served by the Department of the California Highway Patrol.
   (b) A governing board, legislative body, or officer shall erect or
place appropriate signs giving notice of any special conditions or
regulations that are imposed under this section and the governing
board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the governing
board, legislative body, or officer, for examination by all
interested persons, a written statement of all those special
conditions and regulations adopted pursuant to this section.
   (c) When a governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
   (d) A public transportation agency that imposes any condition or
regulation upon a person who parks or leaves standing a vehicle,
pursuant to subdivision (a), is authorized to do either of the
following:
   (1) Enforce that condition or regulation in the manner provided in
Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of this code. The public transportation agency shall be considered
the issuing agency for that purpose.
   (2) Designate regularly employed and salaried employees, who are
engaged in directing traffic or enforcing parking laws and
regulations, for the purpose of removing any vehicle in the same
manner as a city, county, or jurisdiction of a state agency pursuant
to Chapter 10 (commencing with Section 22650) of Division 11 of this
code.
   (e) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, that had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
   (f) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, electrically motorized
boards, and roller skates on property under the control of, or any
portion of property used by, the board.
   (g) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, electrically motorized boards, and roller skates on
public property under the jurisdiction of that agency.
   (h) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
6,000,000 people, and any other housing authority that complies with
the requirements of this section.
   (i) "Public transportation agency," for purposes of this section,
means a public agency that provides public transportation as defined
in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of
the California Constitution.
  SEC. 2.5.  Section 21113 of the Vehicle Code is amended to read:
   21113.  (a) A person shall not drive a vehicle or animal, or stop,
park, or leave standing a vehicle or animal, whether attended or
unattended, upon the driveways, paths, parking facilities, or the
grounds of any public school, state university, state college, unit
of the state park system, county park, municipal airport, rapid
transit district, transit development board, transit district, public
transportation agency, county transportation commission created
pursuant to Section 130050 of the Public Utilities Code, joint powers
agency operating or managing a commuter rail system, or any property
under the direct control of the legislative body of a municipality,
or a state, county, or hospital district institution or building, or
an educational institution exempted, in whole or in part, from
taxation, or any harbor improvement district or harbor district
formed pursuant to Part 2 (commencing with Section 5800) or Part 3
(commencing with Section 6000) of Division 8 of the Harbors and
Navigation Code, a district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code,
or state grounds served by the Department of the California Highway
Patrol, or any property under the possession or control of a housing
authority formed pursuant to Article 2 (commencing with Section
34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety
Code, except with the permission of, and upon and subject to any
condition or regulation that may be imposed by, the legislative body
of the municipality, or the governing board or officer of the public
school, state university, state college, county park, municipal
airport, rapid transit district, transit development board, transit
district, public transportation agency, county transportation
commission, joint powers agency operating or managing a commuter rail
system, or state, county, or hospital district institution or
building, or educational institution, or harbor district, or a
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code, or housing
authority, or the Director of Parks and Recreation regarding units of
the state park system or the state agency with jurisdiction over the
grounds served by the Department of the California Highway Patrol.
   (b) A governing board, legislative body, or officer shall erect or
place appropriate signs giving notice of any special conditions or
regulations that are imposed under this section and the governing
board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the governing
board, legislative body, or officer, for examination by all
interested persons, a written statement of all those special
conditions and regulations adopted pursuant to this section.
   (c) When a governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
   (d) A public transportation agency that imposes any condition or
regulation upon a person who parks or leaves standing a vehicle,
pursuant to subdivision (a), is authorized to do either of the
following:
   (1) Enforce that condition or regulation in the manner provided in
Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of this code. The public transportation agency shall be considered
the issuing agency for that purpose.
   (2) Designate regularly employed and salaried employees, who are
engaged in directing traffic or enforcing parking laws and
regulations, for the purpose of removing any vehicle in the same
manner as a city, county, or jurisdiction of a state agency pursuant
to Chapter 10 (commencing with Section 22650) of Division 11 of this
code.
   (e) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, that had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
   (f) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, electric bicycles, skateboards,
electrically motorized boards, and roller skates on property under
the control of, or any portion of property used by, the board.
   (g) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
electric bicycles, skateboards, electrically motorized boards, and
roller skates on public property under the jurisdiction of that
agency.
   (h) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
6,000,000 people, and any other housing authority that complies with
the requirements of this section.
   (i) "Public transportation agency," for purposes of this section,
means a public agency that provides public transportation as defined
in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of
the California Constitution.
  SEC. 3.  Article 7 (commencing with Section 21290) is added to
Chapter 1 of Division 11 of the Vehicle Code, to read:

      Article 7.  Operation of Electrically Motorized Boards


   21290.  (a) For purposes of this article, "bikeway" is defined in
Section 890.4 of the Streets and Highways Code.
   (b) For purposes of this article, an "electrically motorized board"
is defined in Section 313.5.
   21291.  An electrically motorized board shall be operated only by
a person who is 16 years of age or older.
   21292.  A person shall not operate an electrically motorized board
upon a highway, bikeway, or any other public bicycle path, sidewalk,
or trail, unless that person is wearing a properly fitted and
fastened bicycle helmet that meets the standards described in Section
21212.
   21293.  (a) Every electrically motorized board operated upon a
highway during darkness shall be equipped with all of the following:
   (1) Except as provided in subdivision (b), a lamp emitting a white
light that, while the electrically motorized board is in motion,
illuminates the highway in front of the operator and is visible from
a distance of 300 feet in front of the electrically motorized board.
   (2) Except as provided in subdivision (c), a red reflector on the
rear that is visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor
vehicle.
   (3) Except as provided in subdivision (d), a white or yellow
reflector on each side that is visible from a distance of 200 feet
from the sides of the electrically motorized board.
   (b) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front of
the electrically motorized board, may be used in lieu of the lamp
required by paragraph (1) of subdivision (a).
   (c) A red reflector, or reflectorizing material meeting the
requirements of Section 25500, attached to the operator and visible
from a distance of 500 feet to the rear when directly in front of
lawful upper beams of headlamps on a motor vehicle, may be used in
lieu of the reflector required by paragraph (2) of subdivision (a).
   (d) A white or yellow reflector, or reflectorizing material
meeting the requirements of Section 25500, attached to the operator
and visible from a distance of 200 feet from the sides of the
electrically motorized board, may be used in lieu of the reflector
required by paragraph (3) of subdivision (a).
   21294.  (a) Electrically motorized boards shall only operate upon
a highway designated with a speed limit of 35 miles per hour or less,
unless the electrically motorized board is operated entirely within
a designated Class II or Class IV bikeway.
   (b) A person shall not operate an electrically motorized board
upon a highway, bikeway, or any other public bicycle path, sidewalk,
or trail, at a speed in excess of 15 miles per hour.
   (c) Notwithstanding subdivision (b), a person shall not operate an
electrically motorized board at a speed greater than is reasonable
or prudent having due regard for weather, visibility, pedestrian and
vehicular traffic, and the surface and width of the highway, bikeway,
public bicycle path, sidewalk, or trail, and in no event at a speed
that endangers the safety of any person or property.
   21295.  The Commissioner of the California Highway Patrol shall
submit a report to the Legislature, on or before January 1, 2021, to
assist in determining the effect that the use of electrically
motorized boards has on traffic safety. The report shall include
detailed statewide traffic collision data involving electrically
motorized boards, including property damage only, injury, and fatal
traffic collisions. The report shall be submitted in compliance with
Section 9795 of the Government Code. Pursuant to Section 10231.5 of
the Government Code, this section is repealed on January 1, 2025.
   21296.  (a) It is unlawful for a person to operate an electrically
motorized board upon a highway while under the influence of an
alcoholic beverage or any drug, or under the combined influence of an
alcoholic beverage and any drug.
   (b) A person arrested for a violation of this section may request
to have a chemical test made of his or her blood or breath for the
purpose of determining the alcoholic or drug content of that person's
blood pursuant to subdivision (d) of Section 23612, and, if so
requested, the arresting officer shall have the test performed.
   (c) A conviction for a violation of this section shall be punished
by a fine of not more than two hundred fifty dollars ($250).
  SEC. 4.  Section 21960 of the Vehicle Code is amended to read:
   21960.  (a) The Department of Transportation and local
authorities, by order, ordinance, or resolution, with respect to
freeways, expressways, or designated portions thereof under their
respective jurisdictions, to which vehicle access is completely or
partially controlled, may prohibit or restrict the use of the
freeways, expressways, or any portion thereof by pedestrians,
bicycles or other nonmotorized traffic or by any person operating a
motor-driven cycle, motorized bicycle, motorized scooter, or
electrically motorized board. A prohibition or restriction pertaining
to bicycles, motor-driven cycles, motorized scooters, or
electrically motorized boards shall be deemed to include motorized
bicycles. A person shall not operate a motorized bicycle wherever
that prohibition or restriction is in force. Notwithstanding any
order, ordinance, or resolution to the contrary, the driver or
passengers of a disabled vehicle stopped on a freeway or expressway
may walk to the nearest exit, in either direction, on that side of
the freeway or expressway upon which the vehicle is disabled, from
which telephone or motor vehicle repair services are available.
   (b) The prohibitory regulation authorized by subdivision (a) shall
be effective when appropriate signs giving notice thereof are
erected upon any freeway or expressway and the approaches thereto. If
any portion of a county freeway or expressway is contained within
the limits of a city within the county, the county may erect signs on
that portion as required under this subdivision if the ordinance has
been approved by the city pursuant to subdivision (b) of Section
1730 of the Streets and Highways Code.
   (c) No ordinance or resolution of local authorities shall apply to
any state highway until the proposed ordinance or resolution has
been presented to, and approved in writing by, the Department of
Transportation.
   (d) An ordinance or resolution adopted under this section on or
after January 1, 2005, to prohibit pedestrian access to a county
freeway or expressway shall not be effective unless it is supported
by a finding by the local authority that the freeway or expressway
does not have pedestrian facilities and pedestrian use would pose a
safety risk to the pedestrian.
  SEC. 5.  Section 21967 of the Vehicle Code is amended to read:
   21967.  Except as provided in Section 21968, a local authority may
adopt rules and regulations by ordinance or resolution prohibiting
or restricting persons from riding or propelling skateboards, or
electrically motorized boards, on highways, sidewalks, or roadways.
  SEC. 6.  Section 21968 of the Vehicle Code is amended to read:
   21968.  (a) A motorized skateboard shall not be propelled on any
sidewalk, roadway, or any other part of a highway or on any bikeway,
bicycle path or trail, equestrian trail, or hiking or recreational
trail.
   (b) For purposes of this section, an electrically motorized board,
as defined in Section 313.5, is not a motorized skateboard.
  SEC. 7.  Section 2.5 of this bill incorporates amendments to
Section 21113 of the Vehicle Code proposed by both this bill and
Assembly Bill 1096. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 21113 of the Vehicle Code, and (3) this bill
is enacted after Assembly Bill 1096, in which case Section 2 of this
bill shall not become operative.
  SEC. 8.  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.