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AB-2462 Neighborhood electric vehicles: County of Los Angeles: Westside Planned Communities.(2021-2022)

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Date Published: 03/10/2022 09:00 PM
AB2462:v98#DOCUMENT

Amended  IN  Assembly  March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2462

Introduced by Assembly Member Valladares

February 17, 2022

An act to amend Section 91 of the Streets and Highways Code, relating to transportation. add and repeal Article 4 (commencing with Section 1966.20) of Chapter 8 of Division 2.5 of the Streets and Highways Code, relating to neighborhood electric vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2462, as amended, Valladares. Department of Transportation: state highways. Neighborhood electric vehicles: County of Los Angeles: Westside Planned Communities.
Existing law defines “low-speed vehicle” for purposes of the Vehicle Code as a motor vehicle with 4 wheels that is capable of a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour on a paved level surface and that has a gross vehicle weight rating of less than 3,000 pounds. Existing law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver’s license. A low-speed vehicle is also known as a neighborhood electric vehicle (NEV). A violation of the Vehicle Code is an infraction, unless otherwise specified.
Existing law authorizes certain local agencies to establish a NEV transportation plan subject to certain requirements. A person operating a NEV in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100.
This bill would authorize the County of Los Angeles to establish a similar NEV transportation plan for the Westside Planned Communities in that county, subject to the same penalties. The bill would require a report to the Legislature by August 31, 2028, containing certain information and recommendations related to the NEV transportation plan. The bill would repeal these provisions on January 1, 2040. Because the bill would create a new crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission.

This bill would make a nonsubstantive change to this provision.

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

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


SECTION 1.

 Article 4 (commencing with Section 1966.20) is added to Chapter 8 of Division 2.5 of the Streets and Highways Code, to read:
Article  4. Westside Planned Communities in the County of Los Angeles

1966.20.
 It is the intent of the Legislature, in enacting this article, to authorize the County of Los Angeles to establish a neighborhood electric vehicle (NEV) transportation plan for the Westside Planned Communities in the county.  The purpose of this NEV transportation plan is to further the community’s vision of creating a sustainable development that reduces gasoline demand and vehicle emissions by offering a cleaner, more economical means of local transportation within the plan area.  It is the further intent of the Legislature that this NEV transportation plan be designed and developed to best serve the functional travel needs of the plan area, to have the physical safety of the NEV driver’s person and property as a major planning component, and to have the capacity to accommodate NEV drivers of every legal age and range of skills.

1966.21.
 For purposes of this article, all of the following definitions apply:
(a) “Neighborhood electric vehicle” or “NEV” means a low-speed vehicle as defined by Section 385.5 of the Vehicle Code.
(b) “NEV facility” means all publicly or privately owned facilities that provide for NEV travel, including roadways designated by signs or permanent markings that are shared with pedestrians, bicyclists, and other motorists in the plan area.
(c) “Plan area” means the Westside Planned Communities project area and all streets located within the project area.
(d) “Transportation planning agency” means the Los Angeles County Metropolitan Transportation Authority.
(e) “Westside Planned Communities” means the programs of development that include plans, development regulations, design guidelines, and implementation programs to guide future development within the northern portion of unincorporated Los Angeles County in the unincorporated Stevenson Ranch area, which includes the Newhall Ranch Specific Plan, the Valencia Commerce Center area, and any other property being developed in the immediately surrounding environs of the Newhall Ranch Specific Plan inclusive of the area roughly bounded to the west by the Ventura County line, to the east by State Route 5, to the north by the Val Verde community, Hasley Canyon Road, and Del Valle Road, and to the south by the Stevenson Ranch community.

1966.22.
 (a) The County of Los Angeles may, by ordinance or resolution, adopt an NEV transportation plan for the Westside Planned Communities.
(b) The transportation plan shall have received a prior review and the comments of the transportation planning agency and any agency having traffic law enforcement responsibilities in the County of Los Angeles.
(c) The transportation plan may include the use of a state highway, or any crossing of the highway, subject to the approval of the department.

1966.23.
 The transportation plan shall include, but is not limited to, all of the following elements:
(a) Route selection, which includes a finding that the route will accommodate NEVs without an adverse impact upon traffic safety, and will consider, among other things, the travel needs of commuters and other users.
(b) Transportation interfacing, which shall include, but not be limited to, coordination with other modes of transportation so that a NEV driver may employ multiple modes of transportation in reaching a destination in the plan area.
(c) Provisions for NEV-related facilities, including, but not limited to, special access points and NEV crossings.
(d) Provisions for parking facilities, including, but not limited to, community commercial centers, golf courses, public areas, parks, and other destination locations.
(e) Provisions for road markings, signage and striping for NEV travel lanes, road crossings, parking, and circulation.
(f) Provisions for NEV electrical charging stations.
(g) A map showing the NEV route network. NEV routes for the purposes of the transportation plan shall be classified as follows:
(1) Class I NEV routes provide for a completely separate right-of-way for the use of NEVs.
(2) Class II NEV routes provide for a separate striped lane adjacent to roadways with speed limits of 55 miles per hour or less.
(3) Class III NEV routes provide for shared use by NEVs with conventional vehicle traffic on streets with a speed limit of 35 miles per hour or less.

1966.24.
 If the County of Los Angeles adopts a NEV transportation plan for the Westside Planned Communities, it shall do both of the following:
(a) Establish minimum general design criteria for the development, planning, and construction of separated NEV facilities, including, but not limited to, the design speed of the facility, the space requirements of the NEV facility, and roadway design criteria.
(b) In cooperation with the department, establish uniform specifications and symbols for signs, markers, and traffic control devices to control NEV traffic;  to warn of dangerous conditions, obstacles, or hazards;  to designate the right-of-way as between NEVs, other vehicles, and bicycles;  to state the nature and destination of the NEV facility;  and to warn pedestrians, bicyclists, and motorists of the presence of NEV traffic.

1966.25.
 (a) If the County of Los Angeles adopts an NEV transportation plan for the Westside Planned Communities, it shall also adopt all of the following as part of the plan:
(1) NEVs eligible to use NEV facilities shall meet the safety requirements for low-speed vehicles as set forth in Section 571.500 of Title 49 of the Code of Federal Regulations.
(2) Minimum safety criteria for NEV operators, including, but not limited to, requirements relating to NEV maintenance and NEV safety.  Operators shall be required to possess a valid California driver’s license and to comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the Vehicle Code.
(3) Restrictions limiting the operation of NEVs to separated NEV facilities on those roadways identified in the transportation plan and allowing only NEVs that meet the safety equipment requirements specified in the plan to be operated on separated NEV facilities of approved roadways in the plan area.
(b) Any person operating an NEV in the plan area in violation of paragraph (3) of subdivision (a) is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100).

1966.26.
 (a) If the County of Los Angeles adopts an NEV transportation plan for the Westside Planned Communities pursuant to this article, the county shall submit a report to the Legislature on or before August 31, 2028, in consultation with the department, the Department of the California Highway Patrol, and local law enforcement agencies.
(b) The report shall include all of the following:
(1) A description of the NEV transportation plan and its elements that have been authorized up to that time.
(2) An evaluation of the effectiveness of the NEV transportation plan, including its impact on traffic flows and safety.
(3) A recommendation as to whether this article should be terminated, continued in existence and applicable solely to the Westside Planned Communities, or expanded statewide.

1966.27.
 This article shall remain in effect only until January 1, 2040, and as of that date is repealed.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 91 of the Streets and Highways Code is amended to read:
91.

The department shall improve and maintain the state highways, including all traversable highways that have been adopted or designated as state highways by the commission, as provided in this code.