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  








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              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  








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              autonomous vehicle rules and policies.  In January, the  
              National Highway and Traffic Safety Administration (NHTSA)  
              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  








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              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 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)  Data.  The DMV requires autonomous vehicle manufacturers  
              to regularly report on incidents involving those vehicles,  
              providing important information information for the DMV as  
              it develops its regulations while the technology evolves.   
              This bill is silent on the provision of information to the  
              DMV.  The author and committee may wish to consider allowing  
              the DMV to require information related to vehicle safety for  
              the operation of autonomous vehicles in the private business  
              park.
           
            8)  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.

            9)  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 controlless vehicles  








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              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.

            10) 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 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.)








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            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
          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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