BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 530


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          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,  |                     |








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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  
            remain in operation. 


          4)Requires pedicabs, as defined, to be annually inspected by an  
            entity designated by the local jurisdiction to ensure a  








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            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. 










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          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. 








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          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  








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          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