BILL ANALYSIS Ó SB 530 Page 1 SENATE THIRD READING SB 530 (Pan) As Amended September 3, 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, | | SB 530 Page 2 | | |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 remain in operation. 4)Requires pedicabs, as defined, to be annually inspected by an entity designated by the local jurisdiction to ensure a SB 530 Page 3 pedicab meets the requirements specified in this bill. Further allows the designated entity to charge a reasonable fee to cover the cost of the inspection. 5)Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers. 6)Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction. Further prohibits a pedicab from operating on a freeway or on a highway with a posted speed limit of excess of 30 miles per hour, as specified. 7)Requires the operator of a pedicab, commencing January 1, 2016, to annually report any accidents to the California Highway Patrol (CHP). 8)Prohibits a pedicab from loading or unloading passengers on roadways or in the middle of highways. 9)Requires a pedicab to be operated as close as practicable to the right hand curb or edge of the roadway, except when necessary to overtake another vehicle, avoid a stationary object, or when preparing to make a left turn. 10)Requires a pedicab, as defined, to have proof of financial responsibility, as specified. 11)Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license. SB 530 Page 4 12)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, d) Permit only passengers that are 21 years of age or older if alcohol is being consumed. 13)Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified. 14)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. 15)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. SB 530 Page 5 16) Provides that the provisions specified in this bill sunset on January 1, 2020. 17)Makes technical conforming changes. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor enforcement costs to the Department of Alcoholic 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 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 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 SB 530 Page 6 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 full discussion of this bill. Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0002033