BILL ANALYSIS Ó
AB 1592
Page 1
Date of Hearing: April 4, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1592
(Bonilla) - As Amended March 28, 2016
SUBJECT: Autonomous vehicles: pilot project
SUMMARY: Authorizes the Contra Costa Transportation Authority
(CCTA) to conduct a pilot project for the testing of autonomous
vehicles under specific conditions. Specifically, this bill:
1)Authorizes CCTA to conduct a pilot for the testing of
autonomous vehicles not equipped with a steering wheel, a
brake pedal, an accelerator, or an operator.
2)Limits the venue for the pilot project to a private business
park designated by CCTA, including the public roads within
that business park, and the GoMentum Station at the Concord
Naval Weapons Station.
3)Limits the operating speed of the autonomous vehicle involved
in the pilot project to 35 miles per hour.
4)Declares the necessity of a special statute for CCTA.
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EXISTING LAW:
1)Authorizes the operation of autonomous vehicles on public
roads for testing purposes under certain circumstances
specified in regulations adopted by the Department of Motor
Vehicles (DMV).
2)Prohibits the operation of autonomous vehicles on public roads
for non-testing purposes unless the manufacturer of the
vehicles submits an application to DMV that is approved
pursuant to DMV regulations.
3)Requires DMV, by January 1, 2015, to adopt regulations setting
forth requirements for the application to operate autonomous
vehicles on public roads for non-testing purposes.
4)Requires the application submitted to DMV for the operation of
autonomous vehicles on public roads for non-testing purposes
to include a certification from the manufacturer that the
vehicle allows the operator to take control through the use of
the brake, the accelerator pedal, or the steering wheel.
5)Requires DMV to approve an application submitted by a
manufacturer for the operation of autonomous vehicles for
non-testing purposes if DMV finds that the applicant has
submitted all information and completed testing necessary to
satisfy DMV that the autonomous vehicles are safe to operate
on public roads and the applicant has complied with all
requirements specified in DMV regulations.
6)Authorizes DMV to impose additional requirements it deems
necessary to ensure the safe operation of autonomous vehicles
if those vehicles are capable of operating without the
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presence of a driver inside the vehicle, including the
presence of a driver in the driver's seat of the vehicle, if
DMV determines that such a requirement is necessary to ensure
the safe operation of those vehicles on public roads.
7)Requires DMV to notify the Legislature of the receipt and
approval of an application from a manufacturer seeking to
operate autonomous vehicles capable of operating without the
presence of a driver inside the vehicle on public roads for
non-testing purposes.
FISCAL EFFECT: Unknown, this bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: In response to arguments for the traffic safety
benefits of increasingly automated vehicle technology, the
Legislature passed and the Governor approved legislation
requiring DMV to adopt regulations for the operation of
autonomous vehicles on California's public roads in 2012 [SB
1298 (Padilla), Chapter 570, Statutes of 2012]. The rollout of
DMV's regulations was separated into two stages: regulations
for insurance requirements for the purposes of testing
autonomous vehicles and regulations for the full deployment of
autonomous vehicles on California roads for non-testing
purposes. Both sets of regulations were required to be adopted
by January 1, 2015. DMV adopted testing regulations on May 19,
2014, and have yet to adopt regulations for the deployment of
autonomous vehicles for non-testing purposes out of a desire on
the part of DMV to receive more input from the public and
stakeholders before making a final regulatory action.
The original legislation directing DMV to adopt these
regulations includes several requirements for the operation of
autonomous vehicles, including the presence of an operator
inside the vehicle and the ability of the operator to take over
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control of the vehicle from the autonomous technology through
the use of the brake, the accelerator pedal, or the steering
wheel.
This bill would authorize CCTA to conduct a pilot project for
the testing of autonomous vehicles - separate from the framework
for testing autonomous vehicles that already exists - that are
not equipped with these control features and do not have an
operator inside the vehicle at specific sites in Contra Costa
County.
CCTA, the bill's sponsor, intends to conduct this pilot using a
specific type of vehicle as an electric, fixed-route people
mover to act as a first mile/last mile connector between exiting
transportation infrastructure and employment centers. The pilot
will be used to first test the vehicles at the GoMentum Station,
located at the former Concord Naval Weapons Station and which
already acts as a testbed for extensive autonomous vehicle
testing, and then to test the transportation of employees at the
Bishop Ranch business park in San Ramon. While CCTA is
currently able to conduct testing of autonomous vehicles on the
private roads at GoMentum and Bishop Ranch, it requires
authorization to conduct the pilot where public roads intersect
with the existing facilities, and will potentially need this
authorization should jurisdiction over the former naval base
revert to the local authorities.
CCTA has begun procurement of the autonomous vehicles to be used
in the pilot from EasyMile, a European company that has
successfully deployed these types of multi-passenger vehicles in
the Netherlands, France, and Switzerland at varying stages of
testing and operation. The vehicles to be used in the pilot are
not manufactured with the control features required for the
operation of autonomous vehicles specified in existing law and
regulation. CCTA anticipates initiating the pilot by spring of
2017, following a period of testing and mechanical evaluation.
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By limiting the scope of the pilot to the two specified
locations and prohibiting the operation of vehicles over 35
miles per hour, CCTA hopes to minimize the divergence between
this program and existing statutory and regulatory requirements,
as well as the potential safety impacts on the public roads the
pilot would include.
The author states, "For California to remain on the cutting edge
of transportation technology and a potential hotbed for
investment, development, and new jobs, it is imperative that the
State continues to support the growth of testing programs such
as CCTA's and GoMentum Station." The author, the sponsor, and
numerous organizations supporting this bill argue that
California is at risk of missing out on technological innovation
and the concurrent economic and scientific benefits to other
states, such as Michigan, if the state does not sufficiently
encourage the development of technologies like autonomous
vehicles. According to the author, by encouraging technological
innovation in the field of mass transit, California can improve
mobility, increase road safety, reduce parking and traffic
congestion, meet the state's climate change goals, and keep jobs
and technological innovation in California.
Federal Developments: In January 2016, United States Department
of Transportation Secretary Anthony Foxx announced President
Obama's Fiscal Year 2017 budget proposal to allocate nearly $4
billion over ten years towards accelerating the development of
autonomous vehicle technology through real-world pilot projects.
Additionally, Secretary Foxx announced that the National
Highway Traffic Safety Administration (NHTSA) will, within six
months, both consult with industry and other stakeholders to
develop guidance on the safe deployment and operation of
autonomous vehicles, and consult with state partners, the
American Association of Motor Vehicle Administrators, and other
stakeholders to develop a model state policy on automated
vehicles that offers a path to consistent national policy.
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The authorization of additional avenues to explore autonomous
vehicle technology in California contained in this bill is
consistent with this shift in federal policy towards encouraging
the development of autonomous vehicles.
Committee Concerns: Although CCTA is currently positioned to
initiate their pilot program, other agencies or companies may
wish to implement a similar program, but would not be included
in this authorization. By creating a carve-out specifically for
CCTA, this bill could create a problematic precedent for other
entities seeking to receive authorization for their own special
projects outside of the existing and future DMV framework for
autonomous vehicles.
While DMV has not yet adopted regulations for the deployment of
non-testing autonomous vehicles, it has issued a summary of what
the department expects its regulations to contain in order to
receive additional feedback from the public and stakeholders
before initiating the formal rulemaking process. As such, it is
possible that the final regulations that DMV adopts for the
operation of autonomous vehicles on public roads could
accommodate CCTA's pilot program without needing this
legislative authorization.
Related Legislation: AB 2682 (Chang), requires DMV, upon the
development of a model state policy on autonomous vehicles by
NHTSA, to hold public hearings on the model policy and consider,
to the extent authorized by other law, conforming department
regulations with that policy. AB 2682 is currently awaiting a
hearing in this Committee.
AB 2866 (Gatto), requires DMV and the Department of the
California Highway Patrol to conduct a pilot project in three
counties in conjunction with one or more manufacturers of
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autonomous vehicles to test the safety and feasibility of
operating autonomous vehicles on public roads. AB 2866 is
currently awaiting a hearing in this Committee.
Previous Legislation: SB 1298 (Padilla), Chapter 570, Statutes
of 2012, established conditions for the operation of autonomous
vehicles upon public roadways.
AB 2258 (Fox) of 2014, would have authorized the City of
Lancaster to research and develop autonomous public buses. AB
2258 was pulled from its hearing at the request of the author.
REGISTERED SUPPORT / OPPOSITION:
Support
Contra Costa Transportation Authority (Sponsor)
Allstate Insurance Company
American Council of Engineering Companies
Bay Area Council
California Department of Insurance
City of Clayton
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City of Concord
City of San Ramon
City of Walnut Creek
County Connection
EasyMile
Honda North America, Inc.
Intelligent Transportation Society of California
Metropolitan Transportation Commission
Stantec
Sunset Development Company
Telecommunications Industry Association
Telegra, Inc.
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Opposition
Amalgamated Transit Union
Consumer Watchdog
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093