BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1592


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          ASSEMBLY THIRD READING


          AB  
          1592 (Bonilla)


          As Amended  March 28, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Transportation  |16-0 |Frazier, Linder,      |                    |
          |                |     |Baker, Bloom, Brown,  |                    |
          |                |     |Chu, Daly, Dodd,      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gomez, Kim, Mathis,   |                    |
          |                |     |Medina, Melendez,     |                    |
          |                |     |Nazarian, O'Donnell   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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.








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          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.


          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  








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            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  
            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  








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          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  
          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 Station and Bishop Ranch, it requires  








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          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.   
          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.









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          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 10 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.


          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  








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          accommodate CCTA's pilot program without needing this  
          legislative authorization.




          Analysis Prepared by:                                             
                          Justin Behrens / TRANS. / (916) 319-2093  FN:  
          0002684