BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2682| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 Page 3 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. AB 2682 Page 4 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 AB 2682 Page 5 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 Page 6 NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen Prepared by:Erin Riches / T. & H. / (916) 651-4121 6/29/16 15:50:51 **** END ****