BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 530


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          Date of Hearing:   June 29, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          530 (Pan) - As Amended June 25, 2015


                                    FOR VOTE ONLY


          SENATE VOTE:  35-0


          SUBJECT:  Pedicabs.


          SUMMARY:  Creates a new category of pedicabs, as defined, and  
          establishes a set of operational requirements, as specified.   
          Specifically, this bill:   


          1)Expands the definition of pedicab to include a four-wheeled  
            device that is primarily or exclusively pedal-powered, has a  
            seating capacity for eight or more passengers, cannot travel  
            in excess of 15 miles per hour, and is used for transporting  
            passengers for hire, as specified. 


          2)Specifies certain equipment requirements related to this new  
            category of pedicabs including seatbelts for all passengers,  
            seat backs, breaks, reflectors, headlights, and grab rails.  










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          3)Specifies that all operating pedicabs must meet the  
            abovementioned requirements by 


          January 1, 2017, in order to remain in operation.  
          4)Prohibits a pedicab, as defined, from having a seating  
            capacity for more than 15 passengers.


          5)Requires a pedicab, as defined, to be authorized by a local  
            ordinance or resolution to operate within the applicable local  
            jurisdiction.  


          6)Requires a pedicab, as defined, to have proof of financial  
            responsibility, as specified. 


          7)Requires the pedicab operator to be at least 21 years of age  
            and hold a valid driver's license. 


          8)Provides that for pedicabs where alcohol is consumed by  
            passengers, the pedicab service is required to: 


             a)   Obtain authorization by the appropriate local authority  
               through the approval of a local ordinance or resolution; 


             b)   Provide an on-board safety monitor who is at least 21  
               years of age whenever alcohol is being consumed;


             c)   Have both the operator and safety monitor complete  
               either the Licensee Education on Alcohol and Drugs program  
               implemented by the Department of Alcoholic Beverage Control  
               or a training course utilizing the curriculum recommended  
               by the Responsible Beverage Service Advisory Board; and,








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             d)   Permit only passengers that are 21 years of age or older  
               if alcohol is being consumed. 


          9)Prohibits the safety monitor from supervising passengers while  
            being under the influence of any alcoholic beverage and be  
            subject to certain violations, as specified.  


          10)Provides that a license or permit issued by the Department of  
            Alcoholic Beverage Control is not required to be obtained by a  
            pedicab, as defined, if the pedicab operator or its employees  
            do no sell, serve, or furnish any alcoholic beverage to any  
            passenger, as specified. 


          11)Makes technical conforming changes.  


          EXISTING LAW:   


          1)Defines a vehicle as a device by which any person or property  
            may be propelled, moved, or drawn upon a highway, excepting a  
            device moved exclusively by human power or used exclusively  
            upon stationary rails or tracks. 


          2)Defines pedicabs as either a bicycle that has three or more  
            wheels, that transports, or is capable of transporting  
            passengers on seats attached to the bicycle, that is operated  
            by a person, and is being used for transporting passengers for  
            hire, or a bicycle that pulls a trailer, sidecar, or similar  
            device, that transports passengers on seats attached to a  
            trailer or similar device, that is operated by a person, and  
            is used for transporting passengers, as specified. 









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          3)Specifies that a person riding a bicycle or operating a  
            pedicab upon a highway has all the rights and is subject to  
            all the provisions applicable to the driver of a vehicle,  
            including, but not limited to, provisions relating to driving  
            under the influence of alcoholic beverages or drugs.   


          4)Any person possessing any can, bottle, or other receptacle  
            containing any alcoholic beverage that has been opened, or a  
            seal broken, or the contents of which have been partially  
            removed, in any city, county, or city and county owned park or  
            other city, county, or city and county owned public place, or  
            any recreation and park district, or any regional park or  
            open-space district shall be guilty of an infraction if the  
            city, county, or city and county has enacted an  ordinance  
            that prohibits the possession of those containers in those  
            areas or the consumption of alcoholic beverages in those  
            areas.


          FISCAL EFFECT:  Unknown 


          COMMENTS:  Originally established in Europe, this type of  
          pedal-powered vehicle, otherwise known as a party bike, beer  
          bike, or pedibus, has rapidly grown in popularity throughout  
          cities in the United States.  Cities such as Portland, Denver,  
          and Sacramento all permit some form of this transportation  
          services within their city.  These human pedal-powered vehicles  
          can generally seat up to fifteen passengers with the steering  
          and breaking controlled by a driver who does not provide  
          pedaling power.  Additionally, these pedal-powered vehicle's  
          typically are used to offer guided riding tours through tourist  
          and entertainment areas, many times accompanied with stops to  
          local bars and restaurants.  


          The author introduced SB 530 to establish a set of safety  








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          standards for this new category of pedicab service (party  
          bikes).  Currently party bike businesses are licensed by the  
          host city without any state involvement.  This has created some  
          uncertainty about how to properly classify party bikes or how to  
          prescribe any particular set of safety standards.  While there  
          have been no reported or known party bike accidents within  
          California, incidents have occurred in other states.  For  
          example, in 2013, a party bike in Minneapolis tipped over while  
          traveling downhill towards the end of its tour.  


          Within California, party bike companies currently operate under  
          conditions which vary in each municipality.  SB 530 establishes  
          a basic set of uniform standards by requiring party bikes to be  
          equipped with certain safety equipment, requiring party bike  
          operators to meet particular requirements, and requiring all  
          party bike operators to meet these requirements before January  
          1, 2017.  The author notes that this industry is growing  
          rapidly, and that California should address regulation at the  
          state level before any significant public safety issues arise.  


          SB 530 was heard by this committee on June 23, 2015, and failed  
          passage.  The author requested reconsideration and has amended  
          SB 530 to address several concerns that were discussed at that  
          hearing.   


          Double referral:  This bill will be referred to the Assembly  
          Government Organization Committee should it pass out of this  
          committee. 





          REGISTERED SUPPORT / OPPOSITION:










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          Support





          BikeSD 


          California Travel Association 


          City Cruiser - San Diego 


          Greater Palm Springs Convention and Visitors Bureau


          Honorable Roberta MacGlashan, Sacramento County Supervisor 


          Jake's on 6th 


          La Puerta


          Off the Chain


          Pedal On, LLC - San Diego 


          Social Cycle San Diego/Palm Springs 










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          Social Syndicate


          The Local Eatery and Drinking Hole 


          The Local Pacific Beach 


          Wonderland Ocean Pub


          27 private citizens





          Opposition





          California Police Chiefs Association 



          Analysis Prepared by:Manny Leon / TRANS. / (916)  
          319-2093

















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