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 ----------------------------------------------------------------- |Author: |Bonilla | |----------+------------------------------------------------------| |Version: |6/6/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- 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 AB 1592 (Bonilla) Page 2 of ? 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) AB 1592 (Bonilla) Page 4 of ? 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 AB 1592 (Bonilla) Page 5 of ? 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: AB 1592 (Bonilla) Page 6 of ? 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 AB 1592 (Bonilla) Page 7 of ? 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 -- END --