BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 530| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 530 Author: Pan (D) Amended: 9/3/15 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/28/15 AYES: Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski NOES: Beall SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 35-0, 5/18/15 AYES: Allen, Anderson, Bates, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Beall, Berryhill, Hall, Pavley ASSEMBLY FLOOR: 74-0, 9/8/15 - See last page for vote SUBJECT: Pedicabs SOURCE: Author DIGEST: This bill expands the definition of pedicab to include pedal-powered vehicles that can carry up to 15 passengers, and creates minimum operational and equipment requirements. Assembly Amendments add additional safety and financial responsibility requirements and impose additional restrictions on the use of alcohol on board. SB 530 Page 2 ANALYSIS: Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways. This bill: 1)Expands the definition of pedicab to include a device which is primarily pedal-powered, has a seating capacity of not more than 15 passengers, and cannot travel faster than 15 miles per hour. This type of pedicab must be equipped with basic safety equipment including seat belts, seat backs, brakes, reflectors, headlights, and grab rails, and must be operated by a 21-year-old adult with a valid California driver's license. Existing devices have until January 1, 2017, to retrofit with this equipment. This type of pedicab must be authorized by local ordinance and cannot operate on a road with a speed limit greater than 30 mph. Any accidents must be reported to the California Highway Patrol. 2)Provides that if a city allows alcohol to be consumed on board, the operator shall also provide an on-board adult safety monitor and both the driver and safety monitor must have completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control. Background In Sacramento, San Diego, and other California cities, these vehicles are used to offer guided riding tours through tourist and entertainment areas, often accompanied with stops at bars and restaurants. These businesses have so far been licensed by the host city without any state involvement. This has created some uncertainty about whether these vehicles can lawfully use city streets as there is no existing vehicle definition which specifically covers them, particularly if the vehicle has a motor to assist the pedaling passengers. This bill deals with four-wheeled, primarily pedal-powered SB 530 Page 3 vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000. Comments Purpose of the bill. The author notes that the four existing quadricycle companies in California operate under conditions which vary in each municipality. This bill seeks to establish a uniform set of rules and a standard of best practices for quadricycles where alcohol will be consumed on board. The author notes that the industry is growing rapidly, and that California should address regulation at a statewide level before there are any accidents or injuries, as have been reported in other states. Establishing a regulatory structure. The quadricycle business is relatively new and small: There are probably less than a dozen of these types of vehicles operating in California. The operators are small businesses that seem to have arrived at satisfactory operating rules with their local governments. There's no evidence of operating or safety issues with the vehicles in California. Other states have had some noise and other issues associated with alcohol consumption; there was a tip-over in Milwaukee. This bill creates a regulatory structure with minimum safety and operating requirements, including minimum financial responsibility standards. Defining quadricycles as pedicabs authorizes their operation on highways and subjects the pedicab operator to existing laws regarding driving under the influence of alcohol and drugs. Drink? This bill creates some additional safety requirements if local governments choose to permit alcoholic beverages to be consumed on board. The author believes that instituting minimum state standards will make local permission more likely. There is precedent for this as limousines permit alcohol in their passenger compartments. However, there is a difference in that the quadricycle passengers are active participants, providing the propulsion for these vehicles. Passengers are also sitting on stools, sometimes directly above the road. Moreover, the quadricycles are open-air, and therefore the drinking will be SB 530 Page 4 visible to the public. Current law prohibits open containers in public spaces if prohibited by the city or county. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, this bill incurs 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. SUPPORT: (Verified9/8/15) None received OPPOSITION: (Verified9/8/15) None received ASSEMBLY FLOOR: 74-0, 9/8/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Chávez, Cooper, Eggman, Harper, Melendez SB 530 Page 5 Prepared by:Randy Chinn / T. & H. / (916) 651-4121 9/8/15 21:47:12 **** END ****