BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 1592           Hearing Date:    6/14/2016
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          |Author:   |Bonilla                                               |
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          |Version:  |6/6/2016                                              |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Randy Chinn                                           |
          |:         |                                                      |
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          SUBJECT:  Autonomous vehicles: pilot project


            DIGEST:  This bill authorizes the Contra Costa Transportation  
          Authority (CCTA) to conduct a pilot project for the testing of  
          autonomous vehicles under specified conditions.  

          ANALYSIS:
          
          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).  Insurance of $5 million is required of the  
            manufacturer


          2)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


          3)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









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          4)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


          5)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


          6)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


          This bill:

          Authorizes the Contra Costa Transportation Authority (CCTA) to  
          conduct a pilot project for the testing of autonomous vehicles  
          that do not have an operator and are not equipped with a  
          steering wheel, brake pedal, or an accelerator, provided that: 

          1)The vehicle operates at less than 35 miles per hour
          2)The testing is conducted only at a privately owned business  
            park designated by CCTA or at the GoMentum Station located  
            within the boundaries of the former Concord Naval Weapons  
            Station

          COMMENTS:

          1)Purpose.  The author has observed that autonomous vehicle  
            technologies are evolving at a rapid pace and states that it  
            is critical that California supports further development of  
            such technologies to improve mobility, increase road safety,  
            reduce parking and traffic congestion, meet our state's  








          AB 1592 (Bonilla)                                  Page 3 of ?
          
          
            climate change goals, and keep jobs and technology innovation  
            in California.  As a state, we cannot allow auto  
            manufacturers, software companies, engineers, and scientists -  
            and the jobs, technology, and innovation they bring -to leave  
            our state.  Currently, other states such as Michigan, Texas,  
            Arizona, and Nevada are attracting the business and innovation  
            as a result of state investment and more favorable regulations  
            pertaining to autonomous vehicles.  It is imperative that we  
            remove barriers to the testing and development of autonomous  
            vehicles, according to the author.

          2)Who and where?  The CCTA is a public agency responsible for  
            maintaining and improving Contra Costa Countys transportation  
            system by planning, funding, and delivering transportation  
            infrastructure projects and programs.  CCTA is also the  
            county's designated Congestion Management Agency (CMA),  
            responsible for putting programs in place to keep traffic  
            levels manageable.  This bill authorizes CCTA to conduct an  
            autonomous vehicle pilot program in two places.  The first is  
            at Bishop Ranch in San Ramon, a large business park which is  
            crossed and bordered by several major streets.  Bishop Ranch  
            houses major corporate tenants such as AT&T, GE, and Toyota.   
            It is bordered by shopping centers and a middle school.  The  
            second location is known as the GoMentum Station, a 2,100 acre  
            test bed located within the footprint of the former Concord  
            Naval Weapons Station, with over 20 miles of paved road.  The  
            GoMentum Station is a secured test site inaccessible to the  
            public.  That will change as the property is turned over to  
            the City of Concord, which could subsequently open the  
            property to the public and authorize development.

          3)Waiting.  The DMV's autonomous vehicle testing program  
            regulations were adopted May 19, 2014, and are effective now.   
            Those regulations, consistent with existing law, do not permit  
            the testing of autonomous vehicles without a driver or driving  
            controls.  The DMV's regulations for autonomous vehicles for  
            non-testing purposes are long overdue and not expected soon.   
            Draft regulations, which were published in December 2015,  
            required autonomous vehicles, for non-testing purposes, to  
            also have a driver and driving controls.  This provision was  
            criticized by many autonomous vehicle manufacturers.

            Meanwhile, the federal government is also developing  
            autonomous vehicle rules and policies.  In January, the  
            National Highway and Traffic Safety Administration (NHTSA)  








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            said it would propose best-practice guidance to the auto  
            industry on establishing principles of safe operation for  
            fully autonomous vehicles.  NHTSA is also working with the  
            American Association of Motor Vehicle Administrators to  
            develop model state autonomous vehicle policies by July.   
            California's DMV is chairing this working group.

          4)Revising testing protocols.  This bill changes the autonomous  
            vehicle testing protocols established by SB 1298 (Padilla,  
            Chapter 570, Statutes of 2012) by deleting the requirement for  
            a driver and manually operable controls.  Also eliminated are  
            the requirements for $5 million in liability insurance and  
            reporting requirements on accidents and autonomous technology  
            disengagements.   But some assurance is prudent to ensure that  
            the state of California is not on the hook in the unfortunate  
            event of a serious accident.  And reporting on the track  
            record of the autonomous technology when it is exposed to the  
            public in the business park will help the DMV in developing  
            its autonomous vehicle regulations. The author and committee  
            may wish to consider reinstating the $5 million liability  
            insurance requirement and the reporting of accidents and  
            malfunctions during the operation in the business park.
          
          5)What's the record?   Autonomous vehicles have been permitted  
            for testing on California roads since 2014, accumulating over  
            400,000 miles of travel.  Since then, 15 accidents have been  
            reported, five of which occurred when the vehicles were  
            operated manually.  Most of these accidents involved no or  
            very minor damage and injury.  The DMV also requires reporting  
            on the instances when the autonomous driving function is  
            disabled, either because of a technology failure or when the  
            driver disables the function for safety reasons.  Google,  
            which has tested autonomous vehicles on California roads far  
            more than anyone else, reported 341 instances of disengagement  
            since 2014.  This is a small number given the number of miles  
            traveled, but not insignificant, as the pilot program  
            authorized by this bill will not have a driver to take over  
            the vehicle.  

            Unlike the GoMentum Station which is, for now, a  
            closed-to-the-public testing facility, Bishop Ranch is a  
            bustling, heavily trafficked business park located in the city  
            of San Ramon.  Currently, CCTA is planning on deploying  
            EasyMile driverless shuttles, low-speed electric vehicles with  
            a 12-passenger capacity.  These vehicles have been used in a  








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            number of campus-like environments in Europe since late 2014.   
            Concerns about the use of unmanned autonomous vehicles in this  
            location are mitigated by the support of the San Ramon Police  
            Department for the bill.

          6)Privacy.  Some have raised concerns about the privacy of the  
            users of autonomous vehicles in that their comings and goings  
            can be tracked.  The author and committee may wish to consider  
            collecting only information related to the operation of the  
            vehicle and its environment and that the information may not  
            be used for marketing or other commercial purposes.
          
          7)Another California industry.  Development of autonomous  
            vehicles has been good for California and its companies.   
            Google, Tesla and, perhaps, Apple are leaders in self -  
            driving technology.  And much of the sensor, control, and  
            mapping technology have links to the Silicon Valley.  With the  
            potential addition of electric car company Faraday Future in  
            Vallejo, the car industry is rebuilding its presence in  
            California.

          8)Can I get it tomorrow?  Many boldly predict that fully  
            autonomous vehicles will be on the road soon:  GM predicts by  
            2020, as do Ford and Toyota; in 2012, Google predicted it  
            would have a driverless car on the market by 2018.  Uber says  
            that its fleet will be driverless by 2030.  These timeframes  
            will be greatly impacted by the pace of regulatory  
            accommodation.  As an example, federal motor vehicle safety  
            standards require all vehicles to have steering wheels,  
            brakes, and other controls.  These standards will need to be  
            revised if control less vehicles are to be generally available  
            to the public.  More certain is the gradual deployment of  
            driver assistance technology which will support, but not  
            supplant the driver, such as adaptive cruise control, lane  
            keeper assistance, and vehicle to vehicle communication.

          9)More to learn.  In addition to the technical and regulatory  
            hurdles, autonomous vehicles will have enormous societal  
            impacts, particularly with regard to labor markets, which will  
            affect the speed of its acceptance.  Surveys show the general  
            public does not yet trust autonomous vehicles.  And the effect  
            of autonomous vehicles on congestion and greenhouse gas  
            emissions are potentially positive, but not well understood.

          Related Legislation:








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          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 will be heard in the Senate Transportation  
          and Housing Committee on June 14, 2016.


          SB 1298 (Padilla, Chapter 570, Statutes of 2012) -established  
          conditions for the operation of autonomous vehicles upon public  
          roadways.


          AB 2258 (Fox, 2014) - would have authorized the City of  
          Lancaster to research and develop autonomous public buses.  This  
          bill failed in the Assembly Transportation Committee.

          Assembly Votes
               Floor:              75-0
               Trans:              16-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  
           No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 8, 2016.)
          
            SUPPORT:  

          Contra Costa Transportation Authority (sponsor)
          Alliance for Transportation Innovation
          Allstate Insurance Company
          American Council of Engineering Companies California
          Bay Area Council
          Bay Area Rapid Transit District
          California Department of Insurance
          Central Contra Costa Transit Authority
          City of Clayton
          City of Concord
          City of San Ramon
          City of Walnut Creek
          Contra Costa County Board of Supervisors








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          EasyMile
          Honda
          Intelligent Transportation Systems California
          League of California Cities
          Metropolitan Transportation Commission
          San Ramon Police Department
          Sunset Development Company
          Stantec
          Telecommunications Industry Association
          Telegra, Inc.

          OPPOSITION:

          Amalgamated Transit Union
          California Teamsters Public Affairs Council

          
          

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