BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                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.









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          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  








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          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  








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          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









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          Prepared by:Randy Chinn / T. & H. / (916) 651-4121
          9/8/15 21:47:12


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