BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 530


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          SENATE THIRD READING


          SB  
          530 (Pan)


          As Amended  July 9, 2015


          Majority vote


          SENATE VOTE:  35-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Transportation  |14-0 |Frazier, Achadjian,   |                    |
          |                |     |Baker, Bloom, Chu,    |                    |
          |                |     |Daly, Dodd, Eduardo   |                    |
          |                |     |Garcia, Gomez, Kim,   |                    |
          |                |     |Linder, Medina,       |                    |
          |                |     |Nazarian, O'Donnell   |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Governmental    |16-1 |Gray, Linder, Alejo,  |Campos              |
          |Organization    |     |Bigelow, Cooley,      |                    |
          |                |     |Daly, Cristina        |                    |
          |                |     |Garcia, Eduardo       |                    |
          |                |     |Garcia, Gipson,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Levine, Mayes, Perea, |                    |








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          |                |     |Salas, Steinorth,     |                    |
          |                |     |Wilk                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Holden, Jones, Quirk, |                    |
          |                |     |Rendon, Wagner,       |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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. 


          3)Specifies that all operating pedicabs must meet the  
            abovementioned requirements by January 1, 2017, in order to  








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            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 alcoholic beverages may only be supplied by the  
            passengers of the pedicab, and shall be in enclosed, sealed,  
            and unopened containers that have been labeled prior to their  
            consumption on board the pedicab. 


          11)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. 


          12)Makes technical conforming changes.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor enforcement costs to the Department of Alcohol  
          Beverage Control and local law enforcement, potentially offset  
          to some extent by fine revenues. Training costs for operator and  
          safety monitors will likely be covered by fees paid to private  
          training providers.


          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  








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          can generally seat up to 15 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 this bill to establish a set of safety  
          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.  This bill  
          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.  


          Please see the policy committee analysis for a full discussion  
          of this bill.




          Analysis Prepared by:                                             








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                          Manny Leon / TRANS. / (916) 319-2093  FN:  
          0001433