BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 4, 2016 


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 2073  
          (Holden) - As Introduced February 17, 2016


          SUBJECT:  Golf carts:  City of La Verne


          SUMMARY:  Allows for the use of utility- and shuttle-style golf  
          carts as part of the City of La Verne's golf cart transportation  
          plan.  


          EXISTING LAW:  


          1)Defines a golf cart as a motor vehicle with an unladen weight  
            less than 1,300 pounds, designed to be, and operated at, not  
            more than 15 miles per hour (mph), and designed to carry golf  
            equipment and not more than two people.  



          2)Prohibits golf carts from being registered with the Department  
            of Motor Vehicles (DMV) as motor vehicles.



          3)Defines a low-speed electric vehicle as having a gross vehicle  
            weight of less than 3,000 pounds and able to attain a speed of  
            greater than 20 mph but not more than 35 mph.  








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          4)Provides that low-speed vehicles may be registered with the  
            DMV and are permitted to operate on public roadways with speed  
            limits up to 35 mph.



          5)Makes it illegal to operate golf carts on streets and highways  
            except when operated immediately adjacent to a golf course  
            (when specific criteria are met) or in separated lanes  
            developed based on a golf cart transportation plan.



          6)Authorizes any city or county working in cooperation with the  
            California Department of Transportation (Caltrans) to  
            establish a golf cart transportation plan that includes, among  
            other things, design criteria and construction of separated  
            golf cart lanes.



          7)Provides that the requirement for the construction of  
            separated golf cart lanes does not apply to certain residence  
            districts and certain roadway segments in the City of La  
            Verne, provided specified conditions are met.



          8)Authorizes golf carts to be operated along with motor vehicles  
            on specified highways and highway segments in the City of La  
            Verne, thereby allowing the concurrent use indefinitely.  
          FISCAL EFFECT:  Unknown, this bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, it recently came to the  








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          attention of the City of La Verne that the utility- and  
          shuttle-style golf carts that have been in use for many years do  
          not comply with the definition of a golf cart and, therefore,  
          are not in compliance for use under the city's golf cart  
          transportation plan.  To ensure that the City of La Verne can  
          continue to use these vehicles, the author has introduced this  
          bill to clarify that these vehicles are authorized for use  
          pursuant to the plan.


          The City of La Verne is a small municipality, with a population  
          of 31,000 residents, located in California's San Gabriel Valley  
          whose transportation grid was originally developed with very  
          narrow streets surrounded by farm land.  Although the  
          agricultural land has been developed, streets in the City of La  
          Verne remain narrow, some not large enough to accommodate two  
          full lanes of traffic.

          The City of La Verne is home to the University of La Verne as  
          well as several large retirement communities with associated  
          golf courses.  Because the streets in the town are narrow,  
          residents, along with the university staff, began using golf  
          carts as the primary means of transportation in the 1970's.  

          Golf cart use on highways is generally prohibited because  
          variable speeds among vehicles is a leading cause of motor  
          vehicle accidents.  Furthermore, by definition, golf carts  
          travel at speeds of 20 mph or below and lack the basic safety  
          equipment required by state and federal law for street-legal  
          motor vehicles.  These features include lights, reflectors,  
          bumpers, crash-worthy construction, seatbelts, and air bags.  

          When the City of La Verne learned that golf cart use on public  
          roadways was prohibited by state law, they sought an exemption  
          through the introduction of AB 1244 (Adams) of 2007, which would  
          have exempted the City of La Verne from the requirement to  
          provide separate lanes for golf carts.  AB 1244 was passed by  
          the Legislature but vetoed by Governor Schwarzenegger due to  
          safety concerns expressed by the California Highway Patrol (CHP)  








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          regarding mixing faster motor vehicle traffic and slower golf  
          cart traffic in the same travel lanes.

          The following year, Assembly Member Adams addressed the CHP's  
          concerned in subsequent legislation, AB 963 (Adams), Chapter 6,  
          Statutes of 2008, which added the requirement that certain  
          safety features be added to golf carts used in the City of La  
          Verne (windshield, taillights, headlights, brake lights, and  
          seatbelts) and allowed for the use of golf carts only on certain  
          roadways until January 1, 2016, to give users time to transition  
          to low-speed electric vehicle use.  

          Since the passage of AB 963, golf cart users in the City of La  
          Verne claimed that low-speed electric vehicles were not well  
          suited to the city's narrow roadways.  To address concerns that  
          the sunset date for the golf cart transportation plan was  
          approaching and golf cart users in the City of La Verne had not  
          yet converted to low-speed electric vehicle use, AB 173  
          (Holden), Chapter 65, Statutes of 2015, was passed by the  
          Legislature deleting the 2016 sunset on the authority of the  
          City of La Verne to use golf carts on city streets, thereby  
          continuing the authority indefinitely.  


          According to the author, while AB 173 was pending the Governor's  
          signature, CHP noted that some of the golf carts used in the  
          area do not meet the definition of a golf cart (weighing less  
          than 1,300 pounds and designed to carry not more than two  
          persons including the driver).  Specifically, CHP was referring  
          to the utility-style golf carts that exceed 1,300 pound weight  
          limit and the shuttle-style golf carts that exceed the 1,300  
          pound weight limit and carry up to eight passengers.  According  
          to the author, these vehicles are commonly used by the  
          university as well as retirement communities in the city to  
          carry people and equipment.  Despite their frequent use, local  
          police department records indicate that there have been no  
          recorded accidents or injuries stemming from the use of utility-  
          or shuttle-style golf carts on public roadways in the city.   
          Because these vehicles provide important utility to the  








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          community, the author is seeking to add these vehicles to the  
          type of golf carts that can be utilized pursuant to the city's  
          golf cart transportation plan.  


          Committee comments:  AB 2073 is one of a series of bills that  
          incrementally allows the City of LaVerne to continue their  
          existing practice of using golf carts on public roadways  
          alongside motor vehicles.  AB 963 first authorized the use of  
          golf carts on certain roadways until 2016 to allow the city time  
          to convert to NEV's use.  As the 2016 deadline approached, the  
          City of LaVerne had not converted to NEV use claiming that NEVs  
          were too large to be accommodated on the city's roadways.  It  
          should be noted that immediately after the passage of AB 173,  
          which allowed indefinite use of golf carts, the city is now  
          requesting an exemption that would allow for the use certain  
          golf carts that are nearly identical in size and configuration  
          to NEVs.


          Related legislation:  AB 2736 (Chu) makes non-substantive  
          amendments to provisions related to golf cart transportation  
          plans.  AB 2736 is currently awaiting a hearing in the Assembly  
          Rules Committee.


          Previous legislation:  AB 173 (Holden), Chapter 65, Statutes of  
          2015, deleted the 2016 sunset on the authority of the City of La  
          Verne to permit golf carts to be used on city streets thereby  
          continuing the authority indefinitely.


          AB 963 (Adams), Chapter 6, Statutes of 2008, allowed the City of  
          La Verne, until January 1, 2016, to designate a highway or  
          portion thereof for use by both golf carts and motor vehicles  
          under specified conditions.

          AB 1244 (Adams) of 2007, would have exempted the City of La  
          Verne, from the requirement to provide separate lanes for golf  








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          carts.  AB 1244 was passed by the Legislature but vetoed due to  
          concerns about the safety of mixing motor vehicle traffic and  
          golf carts in the same travel lanes.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          City of La Verne Police Department


          Hillcrest Retirement Community


          University of La Verne




          Opposition


          None on file




          Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093













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