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AB-1112 Shared mobility devices: local regulation.(2019-2020)

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Date Published: 05/07/2019 09:00 PM
AB1112:v96#DOCUMENT

Amended  IN  Assembly  May 07, 2019
Amended  IN  Assembly  April 08, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1112


Introduced by Assembly Member Friedman

February 21, 2019


An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to motorized scooters. shared mobility devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 1112, as amended, Friedman. Motorized scooters: Shared mobility devices: local regulation.

(1)Existing law generally prescribes the operation of a motorized scooter, defined as a 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a driver’s license or permit to operate a motorized scooter. Existing law generally prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 miles per hour, but permits a local authority to authorize the operation of a motorized scooter on a highway with a speed of up to 35 miles per hour.

This bill would authorize a local authority to regulate motorized scooters by, among other things, assessing limited penalties for moving or parking violations involving the use of motorized scooters. The bill would prohibit a local authority from subjecting the riders of shared scooters to requirements more restrictive than those applicable to riders of privately owned motorized scooters or bicycles.

The bill would authorize a local authority to regulate scooter share operators by, among other things, requiring a scooter share operator to pay fees that do not exceed the reasonable cost to the local authority of regulating the scooter share operator. The bill would prohibit a local authority from imposing any unduly restrictive requirements on a scooter share operator. The bill would authorize a local authority to require a scooter share operator to provide to the local authority trip data for all trips starting or ending within the jurisdiction of the local authority and would prohibit disclosure of the information pursuant to public records requests received by the local authority.

Existing law generally regulates the operation of bicycles, electric bicycles, motorized scooters, and electrically motorized boards. Existing law allows local authorities to regulate the registration, parking, and operation of bicycles and motorized scooters in a manner that does not conflict with state law.
This bill would define a “shared mobility device” as a bicycle, electric bicycle, motorized scooter, electrically motorized board, or other similar personal transportation device, that is made available to the public for shared use and transportation, as provided. The bill would require shared mobility devices to include a single unique alphanumeric ID. The bill would allow a local authority to require a shared mobility device provider to provide the local authority with deidentified and aggregated trip data as a condition for operating a shared mobility device program. The bill would prohibit the sharing of individual trip data, except as provided by the Electronic Communications Privacy Act. The bill would prohibit a local authority from imposing an unduly restrictive requirement on a provider of shared mobility devices, including a requirement that is more restrictive than those applicable to riders of personally owned similar transportation devices.
The bill would include findings that uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators shared mobility devices and providers proposed by this bill addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties.

(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:

DIVISION 16.8. Local Regulation of Motorized Scooters

39050.
 The Legislature finds and declares that a basic level of statewide standards for local regulation of motorized scooters shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.

39051.

For the purposes of this division, the following definitions shall apply, unless the context requires otherwise:

(a)“Shared scooter” means any motorized scooter offered for hire.

(b)“Scooter share operator” means a person offering shared scooters for hire.

(c)“Scooter share program” means the offering of shared scooters for hire.

(d)“Trip data” means any data elements related to trips taken by users of a shared scooter of a scooter-shared operator, including, but not limited to, Global Positioning System, timestamp, or route data.

39051.
 For the purposes of this division, the following definitions apply, unless the context requires otherwise:
(a) “Aggregate” means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.
(b) “Deidentified” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business that uses deidentified information meets all of the following criteria:
(1) Has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain.
(2) Has implemented business processes that specifically prohibit reidentification of the information.
(3) Has implemented business processes to prevent inadvertent release of deidentified information.
(4) Makes no attempt to reidentify the information.
(c) “Shared mobility device” means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.
(d) “Shared mobility device service provider” or “provider” means a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.
(e) “Trip data” means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.
(f) “Individual trip data” means data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregate. Individual trip data is “electronic device information” as defined in subdivision (g) of Section 1546 of the Penal Code and is subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Pena/p>

(b)Automobile insurance coverage with a combined single limit of no less than one million dollars ($1,000,000).

(c)If the scooter share operator employs a person, workers’ compensation coverage of no less than required by law.

39054.

A local authority may regulate the operation of motorized scooters within its jurisdiction. These regulations may include, but are not limited to, both of the following:

(a)Restricting the maximum speed at which a person may operate a motorized scooter in a pedestrian zone, including plazas and promenades.

(b)Promulgating and assessing penalties for moving or parking violations involving a motorized scooter on the person responsible for the violation, except that any penalty shall not exceed a penalty assessed to riders of bicycles.

39055.

A local authority may regulate the operation of shared scooters within its jurisdiction. These regulations may include, but are not limited to, any of the following:

(a)Requiring a scooter share operator to pay fees, provided that the total amount of any fees collected do not exceed the reasonable and necessary cost to the local authority of administering the scooter share program.

(b)Requiring a scooter share operator to indemnify the local authority for claims, demands, costs, including reasonable attorney’s fees, losses, or damages brought against the local authority, and arising out of any negligent act, error, omission, or willful misconduct by the scooter share operator or its officers or employees, except to the extent that claims, demands, costs, losses, or damages arise out of the local authority’s own negligence or willful misconduct.

(c)In the interests of safety and right-of-way management, designating locations where scooter share operators are prohibited from staging shared scooters, except that at least one location shall be permitted on each side of each city block in commercial zones and business districts.

(d)Promulgating and assessing penalties for moving or parking violations involving a shared scooter on the person responsible for the violation, except that any penalty shall not exceed a penalty assessed to riders of bicycles.

39056.
 A local authority may require a scooter share operator, shared mobility device provider, as a condition for operating a scooter share shared mobility device program, to provide to the local authority trip data for all trips starting or ending within the jurisdiction of the local authority on any shared scooter of the scooter share operator, provided that, to protect personal privacy, any data provided to the local authority shall comply with all of the following:

(a)The trip data is provided by an application programming interface, subject to the scooter share operator’s license agreement for the interface, that is subject to a publicly published privacy policy of the local authority or its designee, as applicable, disclosing what data is collected and how the data is used and shared with any third parties.

(b)The trip data provided is safely and securely stored by the local authority, which shall implement administrative, physical, and technical safeguards to protect, secure, and, if appropriate, encrypt or limit access to, the data.

(c)The trip data provided shall be treated as personal, trade secret, and proprietary business information, shall be exempt from public disclosure pursuant to any public records request, and shall not be treated as owned by the local authority.

(d)The trip data shall not be shared with law enforcement, except pursuant to valid legal process, and shall not be shared to third parties without the scooter share operator’s consent, provided that, upon a showing of legitimate and necessary need, a local authority may designate a third party to receive trip data pursuant to subdivision (a) if the third party is in privity with the local authority and maintains compliance with the privacy protections of this subdivision. shared mobility device. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

39058.
 In regulating shared scooters or shared scooter programs, mobility devices and providers, a local authority shall not impose any unduly restrictive requirement on a scooter share operator, provider, including requiring operation below cost, and shall not subject the riders of shared scooters mobility devices to requirements more restrictive than those applicable to riders of privately owned motorized scooters or bicycles. personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.

39060.
 The It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be a safe, affordable, and environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators, shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 39056 to the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The interest in protecting the personal information of people who use scooter share programs outweighs the public interest in having access to this information.