BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 290
                                                                  Page  1

          Date of Hearing:   June 13, 2011

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                 SB 290 (Correa) - As Introduced:  February 14, 2011

           SENATE VOTE  :   36-0
           
          SUBJECT  :   Neighborhood electric vehicles 

           SUMMARY  :   Extends the date by which Orange County may establish 
          a neighborhood electric vehicle (NEV) transportation plan for 
          the Ranch Plan Planned Community from January 1, 2013, to 
          January 1, 2017; extends reporting requirement due dates 
          accordingly.  

           EXISTING LAW  :

          1)Defines a low-speed vehicle (also known as a NEV) as a motor 
            vehicle that is a 4-wheeled; can attain a speed of no more 
            than 25 miles per hour (mph) on a paved, level surface; and 
            has a gross vehicle weight rating of less than 3,000 pounds.  

          2)Generally, subjects drivers of NEVs to the same laws as 
            drivers of other vehicles.  

          3)Provides that NEVs qualify for relaxed federal motor vehicle 
            safety standards that require: three-point seat belts, running 
            lights, headlights, brake lights, reflectors, rear view 
            mirrors, and turn signals.  

          4)Prohibits NEVs from being operated on any roadway with a speed 
            limit in excess of 35 mph, except in areas where a NEV 
            transportation plan has been adopted.  

          5)Requires owners of registered NEVs to comply with financial 
            responsibility laws and requires NEV operators to possess a 
            driver's license.  

          6)Requires the cities of Lincoln and Rocklin, City of Fresno, 
            County of Amador and the Cities of Jackson, Sutter Creek and 
            Amador City, and County of Orange, if they adopt a NEV 
            transportation plan, to report to the Legislature on their 
            individual plans, the plans' effectiveness, and impact on 
            traffic flow and safety; also requires the cities to make 








                                                                  SB 290
                                                                  Page  2

            recommendations to the Legislature on extending the sunset 
            date or expanding the authorizations for NEV transportation 
            plans statewide.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The author notes that SB 956, Chapter 442, Statutes 
          of 2007, authorized development of a NEV Transportation Plan for 
          the Ranch Plan Planned Community, however, due to the decline in 
          the real estate market, the onset of project construction was 
          delayed.  As a result, there was no information to report on 
          prior to this bill's November 2011 reporting deadline.  


          Given that construction is still underway, the sponsor is 
          requesting that the NEV transportation plan sunset date and 
          reporting deadlines specified in SB 956 be extended in order to 
          accommodate the delayed construction schedules.  The author 
          notes that the proposed 2015 report and 2017 sunset dates would 
          provide sufficient NEV transportation experience for NEV users, 
          transportation managers, and law enforcement officials to 
          provide meaningful information in a report to the Legislature.  

          To date, the Legislature has authorized NEV transportation plans 
          in at least eight other locations and none of the jurisdictions 
          have reported serious problems as a result of having implemented 
          an NEV Plan.  In fact, reports to the Legislature on authorized 
          NEV transportation plans for the cities of Lincoln and Rocklin 
          in Placer County indicate that not only should implementation of 
          the NEV plans continue, but similar programs should be created 
          statewide.  

          Despite widespread success with NEV plans, there remain several 
          outstanding public safety concerns with NEV plans including 
          conflicts with bicycles, appropriate and universal signage; and 
          the difficulty for a NEV making a left turn on a street with a 
          speed limit in excess of 35 miles per hour (mph) where the NEV 
          must cross traffic in order to move from a dedicated lane on the 
          right hand side of the roadway.  

          In recognition of these concerns, all of the existing statutory 
          authorizations for NEV plans have sunset dates.  This bill 
          includes a 2017 sunset date for the same reason.  

          Arguing is support of this bill, the Orange County Board of 








                                                                  SB 290
                                                                  Page  3

          Supervisors notes that the NEV transportation plan will help 
          Orange County implement its County General Plan goal of 
          developing a balanced transportation system and help to reduce 
          the vehicle miles traveled in the unincorporated area.  The 
          Orange County Board of Supervisors also notes that the NEV plan 
          will help to create a sustainable development that reduces 
          gasoline demand and vehicle emissions by offering a cleaner, 
          more economical means of local transportation within the 
          community plan area.  Additionally, the Orange County Business 
          Council notes that this bill would help Orange County provide an 
          innovative approach to improve mobility and help meet 
          requirements set forth in SB 375 (Steinberg) Chapter 728, 
          Statutes of 2008 which enhances California's ability to reach 
          its emissions reductions goals by promoting good planning with 
          the goal of more sustainable communities.  

           Previous legislation  :  

          AB 61 (Jeffries) of 2011, would authorize the County of 
          Riverside or any city in the county to establish a NEV 
          transportation plan.  That bill is being heard in the Senate.  

          AB 1781 (Villines), Chapter 452, Statutes of 2010, authorized, 
          until January 1, 2016, the City of Fresno to establish a NEV 
          transportation plan.  

          AB 584 (Huber), Chapter 437, Statutes of 2010, authorized the 
          County of Amador and the cities of Jackson, Sutter Creek and 
          Amador City to establish a NEV transportation plan.  

          AB 2963 (Gaines), Chapter 199, Statutes of 2008, extended until 
          2012, a pilot project in the cities of Lincoln and Rocklin under 
          which these cities may adopt NEV plans.  

          SB 375 (Steinberg), Chapter 728, Statutes of 2008, enhances 
          California's ability to reach its emissions reductions goals by 
          promoting good planning with the goal of more sustainable 
          communities.  

          SB 956 (Correa), Chapter 442, Statutes of 2007, authorized until 
          January 1, 2013, the County of Orange to adopt a NEV 
          transportation plan for the Ranch Plan Planned Community.  A 
          report to the Legislature is required by November 1, 2011.  

          AB 2353 (Leslie) Chapter 422, Statutes of 2004, authorized an 








                                                                  SB 290
                                                                  Page  4

          exemption to the prohibition on NEV operational speed limits for 
          the cities of Lincoln and Rocklin and established criteria for 
          the development of NEVs transportation plans.  

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          Rancho Mission Viejo (Sponsor)
          Orange County Business Council
          Orange County Board of Supervisors
           
          Opposition 
           
          None received

           
          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319- 
          2093