BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2682|
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CONSENT
Bill No: AB 2682
Author: Chang (R)
Amended: 5/18/16 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/14/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for
vote
SUBJECT: Autonomous vehicles
SOURCE: Author
DIGEST: This bill requires the state Department of Motor
Vehicles (DMV) to hold public hearings on the National Highway
Traffic Safety Administrations (NHTSA) model policy on
autonomous vehicles (AVs) and to consider conforming DMV
regulations and policies to NHTSA policy.
ANALYSIS: Existing federal law requires NHTSA to issue
Federal Motor Vehicle Safety Standards (FMVSS) and regulations
to which manufacturers of motor vehicles must conform and
certify compliance. The FMVSS are regulations written in terms
of minimum safety performance requirements for motor vehicles to
help protect the public against unreasonable crash risk, injury,
and death due to the design, construction, or performance of the
vehicle. The FMVSS do not explicitly address AV technology and
often assume the presence of a human driver.
AB 2682
Page 2
Existing state law (SB 1298, Padilla, Chapter 570, Statutes of
2012):
1)Allows an AV to be operated on public roads for testing
purposes by a driver who holds the appropriate license and who
is an employee, contractor, or other individual designated by
the AV manufacturer. The driver must be seated in the
driver's seat and must be capable of taking over the AV in the
event of an autonomous technology failure or other emergency.
2)Prohibits an AV from being operated on public roads until the
manufacturer's application is approved by the DMV. Requires
the application to include certain certifications, such as a
mechanism to engage and disengage the technology that is
easily accessible to the operator.
3)Requires the DMV, by January 1, 2015, to adopt regulations
setting forth requirements for proof of insurance and approval
of an application to operate an AV. Requires the regulations
to include any testing, equipment, and performance standards
DMV deems necessary to ensure the safe operation of AVs on
public roads, with or without the presence of a driver.
4)Requires the DMV to hold public hearings on the adoption of
any regulations applicable to the operation of an AV without
the presence of a driver inside the vehicle.
5)Provides that federal regulations promulgated by NHTSA shall
supersede state regulations when found to be in conflict.
This bill requires the DMV to hold public hearings on NHTSA's
model policy, once it is developed, and to consider conforming
DMV regulations and policies to the model policy.
AB 2682
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Background
Pursuant to SB 1298, DMV conducted two public workshops in 2013
related to developing regulations for AV testing. The draft
regulations were released in November 2013 for public comment,
and DMV held a public hearing in January 2014. The final
testing regulations went into effect on September 16, 2014. As
of March 2016, DMV has issued AV testing permits to 13
manufacturers.
Also pursuant to SB 1298, DMV is developing regulations for
post-testing deployment of AVs, e.g., the use of AVs by the
public. In December 2015, DMV released the draft deployment
regulations for public review. Two public workshops were held
earlier this year to discuss the draft regulations. Key aspects
of the draft regulations include requirements relating to
manufacturer certification and third-party testing; a licensed
driver present in the vehicle; a three-year deployment permit;
and privacy and cyber security.
In May 2013, NHTSA issued a preliminary policy statement on AVs.
The policy encouraged states to regulate AV use in the testing
phase, as well as administrative aspects of public deployment
such as driver licensing and training. NHTSA did not at that
time recommend that states permit public deployment of
technology; instead, NHTSA would conduct further research on
various aspects of AV safety, design, and data security.
In January 2016, U.S. Department of Transportation Secretary,
Anthony Foxx, unveiled a new, updated AV policy, along with a
commitment of nearly $4 billion over the next 10 years to
accelerate the development and adoption of safe vehicle
automation. Secretary Foxx announced that NHTSA will work with
states to develop a model policy to help policymakers address
issues in both the testing and operational deployment of AVs
that offers a nationally consistent approach.
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Comments
1)Purpose. The author states that if NHSTA publishes a model
policy on AVs, California is not required to adopt it.
California may be competing with other states for federal
funds related to AVs and should ensure it is well-positioned
to do so in the coming months. California should be ready to
evaluate, and if necessary, conform to any new federal AV
policies. The author states that this bill will help ensure
that California can compete effectively for any federal funds
related to AVs, contribute to a more uniform nationwide
policy, and help California remain a technological leader.
2)DMV must conform to federal regulations, but federal policy is
optional. Existing state law provides that any federal
regulations promulgated by NHTSA shall supersede state
regulations where in conflict. Thus, if NHTSA publishes
regulations subsequent to DMV, DMV will have to amend the
state regulations to conform to the federal regulations - a
process which includes public hearings and public comment.
If, however, NHTSA simply publishes a model policy, it will be
up to individual states whether or not to adopt it.
3)DMV chairs the committee writing the model policy. The
American Association of Motor Vehicle Administrators (AAMVA)
has formed an Autonomous Vehicle Best Practices Committee,
chaired by DMV, to develop a best practices guide to assist
states in regulating AVs and driver testing. This committee,
which is funded by and includes representatives of NHTSA, is
working with AAMVA jurisdictions, law enforcement, federal
agencies, and other stakeholders as it develops its
recommendations. The committee plans to release a final
best-practices document to NHTSA this summer.
4)Status of DMV's AV regulations. DMV is currently working on
regulations for AV deployment, incorporating feedback it
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received from the two public workshops earlier this year as
well as written comments from stakeholders. DMV indicates
that the proposed regulations will be available for public
comment as part of the formal rulemaking process before final
regulations are adopted. DMV indicates that it is working
very closely with AAMVA and NHTSA as it develops the
regulations and that NHTSA, as well as other states, are
looking to California as the leader on this issue.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified6/28/16)
California Foundation for Independent Living Centers
Personal Insurance Federation of California
OPPOSITION: (Verified6/28/16)
None received
ASSEMBLY FLOOR: 76-0, 4/28/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,
Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
AB 2682
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NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen
Prepared by:Erin Riches / T. & H. / (916) 651-4121
6/29/16 15:50:51
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