BILL ANALYSIS Ó
SB 241
Page 1
Date of Hearing: June 29, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
241 (Bates) - As Amended April 21, 2015
SENATE VOTE: 37-0
SUBJECT: Neighborhood electric vehicles.
SUMMARY: Extends, by five years, the date by which Orange
County must report to the Legislature if it adopts a
neighborhood electric vehicle (NEV) transportation plan (NEV
Plan) for the Ranch Plan Planned Community in Orange County,
California. Specifically, this bill:
1)Extends the deadline, until January 1, 2020, by which Orange
County may adopt an NEV Plan for the Ranch Plan Planned
Community and provide a report to the Legislature regarding
the plan.
2)For the purpose of the NEV Plan, increases the allowable speed
limit for Class III NEV routes (routes that allow shared use
of NEVs and conventional vehicles) to 35 mph.
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EXISTING LAW:
1)Defines a neighborhood low-speed electric vehicle as a motor
vehicle that is 4-wheeled; can attain a speed of no more than
25 mph on a paved, level surface; and has a gross vehicle
weight rating of less than 3,000 pounds.
2)Provides that NEVs qualify for relaxed federal motor vehicle
safety standards.
3)Prohibits NEVs from being operated on any roadway with a speed
limit in excess of 35 mph, except in areas where a NEV
transportation plan has been adopted.
4)Authorizes the County of Orange, until January 1, 2017, to
adopt, by ordinance, a NEV Plan for the Ranch Plan Planned
Community in Orange County.
5)Requires Orange County to provide a report to the Legislature
on or before November 1, 2015, if the county adopts a NEV
Plan.
FISCAL EFFECT: Unknown
COMMENTS: NEVs are small, 4-wheeled vehicles that look much
like golf carts. Because these vehicles are smaller, lack
important safety features, and travel at slower speeds (25 mph
maximum speed), they are typically not allowed to operate on
streets with posted speed limits exceeding 35 mph.
NEVs, as their name implies, can be a popular form of
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transportation in small communities where residents often use
them for short trips to get to and from neighborhood amenities.
NEVs are particularly popular in planned communities, especially
retirement communities with golf courses, where roads, trails,
parking, and charging facilities are specifically included in
the community design to facilitate their use. To allow for
expanded use of NEVs in these types of communities, the
Legislature has authorized development of NEV transportation
plans which, when developed consultation with California
Department of Transportation and the California Highway Patrol
and adopted by ordinance, allow expanded operation of NEVs
particularly on streets and highways where NEV access might
otherwise be prohibited. NEV plans have been authorized for a
number of communities in California including the Ranch Plan
Planned Community in Orange County [SB 956 (Correa), Chapter
442, Statutes of 2007].
The NEV Plan for the Ranch Plan Planned Community was originally
authorize to help further the community's vision of creating a
sustainable development that reduces gasoline demand and vehicle
emissions. The NEV Plan was required to include coordinated
routes to accommodate other travel modes (such as vehicles,
bicycle, and pedestrians), special access points, and charging
stations. The three types of routes allowed for in the NEV Plan
include Class 1 NEV routes with completely separate
right-of-way, Class II NEV routes with separate striped lanes
adjacent to roads with speed limits of 55 mph or less, and Class
III NEV routes that provide shared use of NEVs with conventional
vehicle traffic on streets with speed limits of 25 mph or less.
According to the author, the Ranch Plan Planned Community was
approved by the Orange County Board of Supervisors in 2004. The
intention was to build the community out in phases. With the
economic downturn that began in 2008, construction was delayed
which, in turn, delayed completion of the NEV Plan. According
to the author, the NEV Plan has yet to be adopted, however, the
deadline for reporting to the Legislature is approaching in the
fall of this year. When preparation of the NEV Plan was first
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authorized by the Legislature, the deadline for reporting was
set for January 1, 2013 [SB 956 (Correa), Chapter 442, Statutes
of 2007] and later extended to November 1, 2015 [SB 290
(Correa), Chapter 150, Statutes of 2011] to, again, accommodate
construction delays.
According to the author, construction for the Ranch Plan Planned
Community is now well underway. Despite the fact that more
homes are constructed and occupied, the author reports that, to
date, Orange County has not adopted the NEV Plan. Additionally,
the author reports that there only a handful of NEV's in use in
the community. For these reasons, the author has introduced SB
241 which would extend the reporting deadline for the NEV Plan
by another 5 years, making the report due to the Legislature on
January 1, 2020. The author claims that by extending the report
deadline, Orange County will have additional opportunity to
adopt the NEV Plan concurrent with continued build-out of the
community. Once the plan is adopted and more NEVs are in use,
the author notes that more meaningful reporting data will be
available.
In the Senate Transportation and Housing Committee, SB 241 was
amended to increase speeds on Class III NEV trails that provide
shared use of NEVs with conventional vehicle traffic from 25 mph
or less to 35 mph or less. This amendment served to conform the
NEV Plan speed limits for Class III trails to those authorized
in similar plans and with existing law with regard to NEV use on
conventional streets.
Committee comments: While it is likely that slowed development
of Ranch Plan Planned Community has resulted in less NEVs in the
community than was originally expected, it is also possible that
reduced NEV use has been the result of other factors. In the
not too distant past, NEVs were among the only electric vehicle
available for purchase. As a result, individuals who wanted to
drive an electric car had no choice but to "live with" NEVs
inherent limitations (such as reduced range, low speeds, and
reduced safety features). Recent advances in clean air
vehicles, however, has resulted the availability of electric
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cars that operate much like conventional vehicles. These
vehicles meet a wider range of driving needs including more
range, improved safety features, and the ability to attain full
highway speeds. While NEVs still fulfill a unique niche, it
remains to be seen whether or not buyers will continue to
purchase and use NEVs given that there is a broader range of
electric vehicle options available in the marketplace.
Previous legislation: SB 290 (Correa), Chapter 150, Statutes of
2011, extended the authority of Orange County to establish a
neighborhood electric vehicle plan for the Ranch Plan Planned
Community until January 1, 2017.
SB 956 (Correa), Chapter 442, Statutes of 2007, authorized
Orange County to establish a neighborhood electric vehicle plan
for the Ranch Plan Planned Community until January 1, 2013.
REGISTERED SUPPORT / OPPOSITION:
Support
Automobile Club of Southern California
Honorable Lisa A. Bartlett, Orange County Supervisor
Orange County Board of Supervisors
Orange County Business Council
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Community Associations Institute
Opposition
None on file
Analysis Prepared by:Victoria Alvarez / TRANS. / (916)
319-2093