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SB-1151 Neighborhood electric vehicles: County of San Diego.(2017-2018)

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Date Published: 09/19/2018 09:00 PM
SB1151:v92#DOCUMENT

Senate Bill No. 1151
CHAPTER 564

An act to amend the heading of Chapter 8 (commencing with Section 1965) of, to amend Section 1965.7 of, to add the heading of Article 1 (commencing with Section 1965) to Chapter 8 of, and to add Article 2 (commencing with Section 1966) to Chapter 8 of, Division 2.5 of the Streets and Highways Code, and to amend Sections 21251 and 21260 of the Vehicle Code, relating to neighborhood electric vehicles.

[ Approved by Governor  September 19, 2018. Filed with Secretary of State  September 19, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1151, Bates. Neighborhood electric vehicles: County of San Diego.
(1) Existing law authorizes, until January 1, 2022, the County of Orange (county) to establish a specified neighborhood electric vehicle (NEV) transportation plan for the Ranch Plan Planned Community in that county the purpose of which 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. Existing law authorizes the county by ordinance or resolution to adopt the plan and requires that the plan have received a prior review and the comments of the transportation planning agency and any agency having traffic law enforcement responsibilities in the county. Existing law provides that the plan may include the use of a state highway, or any crossing of the highway, subject to the approval of the Department of Transportation.
Existing law requires the county, if it adopts an NEV plan, to establish (A) minimum general design criteria for the development, planning, and construction of separated NEV lanes, including, but not limited to, the design speed of the facility, the space requirements of the NEV, and roadway design criteria, and (B), in cooperation with the department, 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 lane, and to warn pedestrians, bicyclists, and motorists of the presence of NEV traffic. Existing law also requires the county, if it adopts the NEV plan, to submit a report to the Legislature on or before November 1, 2020, in consultation with the department, the Department of the California Highway Patrol, and local law enforcement agencies.
This bill would, until January 1, 2029, authorize the County of San Diego or any city in the county to establish a similar NEV transportation plan, as specified. The bill would require, if the county or any city in the county adopts an NEV plan, the entity to consult with the San Diego Association of Governments (SANDAG) and any agency having traffic law enforcement responsibilities in an entity included in the plan area. The bill would require the County of San Diego or a city in the county that has adopted an NEV transportation plan to consult with SANDAG, the Department of Transportation, the Department of the California Highway Patrol, and any applicable local law enforcement agency in preparing a specified report to the Legislature. The bill would require the report to be submitted to the Legislature within 2 years of the date the NEV transportation plan is adopted.
The bill would require, among other things, as part of the plan, restrictions limiting the operation of NEVs to NEV routes identified in the NEV transportation plan and allowing only those NEVs that meet the safety equipment requirements specified in the plan to be operated on those routes. The bill would provide that a person who operates an NEV in violation of these restrictions is guilty of an infraction punishable by a fine not exceeding $100. By creating a new crime, the bill would impose a state-mandated local program.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The heading of Chapter 8 (commencing with Section 1965) of Division 2.5 of the Streets and Highways Code is amended to read:
CHAPTER  8. Neighborhood Electric Vehicle Transportation Plans

SEC. 2.

 The heading of Article 1 (commencing with Section 1965) is added to Chapter 8 of Division 2.5 of the Streets and Highways Code, to read:
Article  1. Ranch Plan Planned Community in the County of Orange

SEC. 3.

 Section 1965.7 of the Streets and Highways Code is amended to read:

1965.7.
 This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SEC. 4.

 Article 2 (commencing with Section 1966) is added to Chapter 8 of Division 2.5 of the Streets and Highways Code, to read:
Article  2. County of San Diego Neighborhood Electric Vehicle Transportation Plans

1966.
 (a) It is the intent of the Legislature, in enacting this article, to authorize the County of San Diego or any city in the county to establish a neighborhood electric vehicle (NEV) transportation plan. The purpose of this NEV transportation plan is to further the San Diego region’s vision of facilitating the efficient movement of people and goods to support a sustainable and healthy region, a vibrant economy, and an outstanding quality of life for all.
(b) It is further the intent of the Legislature that if the County of San Diego or any city in the county adopts an NEV plan that this NEV transportation plan be designed and developed to provide flexible and economical travel options for residents, employees, and visitors, to best serve the functional travel needs of the plan area, to have the physical safety of the NEV driver or the passenger’s person and property as a major planning component, and to have the capacity to accommodate NEV drivers of every legal age and ability.

1966.1.
 The following definitions apply to this article:
(a) “Plan area” means any portion of the County of San Diego, or any portion of any city in the county, and any streets and roads under the jurisdiction of the county or city, to the extent the county or city has adopted an NEV transportation plan pursuant to Section 1966.2, including the privately owned land of any owner that consents to its inclusion in the plan.
(b) “Neighborhood electric vehicle” or “NEV” means a low-speed vehicle as defined by Section 385.5 of the Vehicle Code.
(c) “NEV routes” 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.

1966.2.
 (a) The County of San Diego or any city in the county may, by ordinance or resolution, adopt an NEV transportation plan for the plan area within its jurisdiction. Two or more jurisdictions may jointly adopt an NEV transportation plan for all or a portion of the territory under their respective jurisdictions.
(b) If the County of San Diego or any city in the county adopts an NEV plan, the entity adopting the plan shall consult with the San Diego Association of Governments (SANDAG) and any agency having traffic law enforcement responsibilities in an entity included in the plan area.
(c) The NEV transportation plan may include the use of a state highway, or any crossing of the highway, subject to the approval of the department.

1966.3.
 If the County of San Diego or any city in the county adopts an NEV plan, the NEV transportation plan shall include, but need not be limited to, all of the following elements:
(a) Route selection, that includes a finding that the route accommodates NEVs without an adverse impact upon traffic safety and shall consider, among other things, the travel needs of commuters and other users.
(b) Transportation interfacing, that shall include, but not be limited to, coordination with other modes of transportation so that an NEV driver or passenger may employ multiple modes of transportation in reaching a destination in the plan area, including walking, biking, rideables, transit, and other vehicles.
(c) Provision for NEV-related facilities, including, but not limited to, special access points, special NEV turnouts, and NEV crossings.
(d) Provisions for NEV parking facilities at destination locations, including, but not limited to, transit stations, educational institutions, medical facilities, shopping areas, job and community centers, and public parks.
(e) Provisions for special paving, road markings, signage, and striping for NEV travel lanes, road crossings, parking, and circulation, as appropriate.
(f) Provisions for NEV electrical charging stations.
(g) Community involvement in planning.
(h) Coordination with long-range transportation planning.
(i) A map showing the NEV route network. NEV routes for the purposes of the NEV transportation plan shall be classified as follows:
(1) Class I NEV routes that provide for a completely separate right-of-way for the use of NEVs.
(2) Class II NEV routes that provide for a separately striped lane on roadways with speed limits of 55 miles per hour or less.
(3) Class III NEV routes that provide for shared use by NEVs with conventional vehicle traffic on streets with speed limits of 35 miles per hour or less.

1966.4.
 If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article it shall do both of the following:
(a) Establish minimum general design criteria for the development, planning, and construction of separated NEV lanes, including, but not limited to, the design speed of the facility, the space requirements of the NEV lane, and roadway design criteria, if the plan envisions separated NEV lanes.
(b) In cooperation with the department and SANDAG, 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, as may be applicable, to state the nature and destination of the NEV lane, and to warn pedestrians, bicyclists, and motorists of the presence of NEV traffic.

1966.5.
 If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article, it shall also adopt all of the following as part of the plan:
(a) NEVs eligible to use NEV routes shall meet the safety requirements for low-speed vehicles as set forth in Section 571.500 of Chapter V of Subtitle B of Title 49 of the Code of Federal Regulations.
(b) 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.
(c) (1) Restrictions limiting the operation of NEVs to NEV routes identified in the NEV transportation plan and allowing only those NEVs that meet the safety equipment requirements specified in the plan to be operated on those routes.
(2) A person who operates an NEV in the plan area in violation of this subdivision is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100).

1966.6.
 If the County of San Diego or any city in the county adopts an NEV transportation plan, it may acquire, by dedication, purchase, or condemnation, real property, including easements or rights-of-way, to establish NEV routes.

1966.7.
 (a) If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article, the county or city shall submit a report, in consultation with SANDAG, the department, the Department of the California Highway Patrol, and any applicable local law enforcement agency, to the Legislature within two years of the date the NEV transportation plan is adopted.
(b) The report shall include all of the following:
(1) A description of the NEV transportation plan that has been authorized up to that time, including a description of the use of shared fleets and any charging, parking, or federal Americans with Disabilities Act of 1990 elements that have been included in the plan.
(2) An evaluation of the effectiveness of the NEV transportation plan, that may include its impact on traffic flows, vehicle miles traveled, greenhouse gas emission reductions, and safety.
(3) A recommendation as to whether this article should be terminated, continued in effect, or expanded statewide.

1966.8.
 (a) This article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date.
(b) Notwithstanding subdivision (a), if the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article within two years of January 1, 2029, the county or that city in the county shall comply with the reporting requirement provided in Section 1966.7.

SEC. 5.

 Section 21251 of the Vehicle Code is amended to read:

21251.
 Except as provided in Chapter 8 (commencing with Section 1965) of Division 2.5 of the Streets and Highways Code, and Sections 4023, 21115, and 21115.1, a low-speed vehicle is subject to all the provisions applicable to a motor vehicle, and the driver of a low-speed vehicle is subject to all the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or another code, with the exception of those provisions that, by their very nature, can have no application.

SEC. 6.

 Section 21260 of the Vehicle Code is amended to read:

21260.
 (a) Except as provided in paragraph (1) of subdivision (b), or in an area where a neighborhood electric vehicle transportation plan has been adopted pursuant to Chapter 8 (commencing with Section 1965) of Division 2.5 of the Streets and Highways Code, the operator of a low-speed vehicle shall not operate the vehicle on any roadway with a speed limit in excess of 35 miles per hour.
(b) (1) The operator of a low-speed vehicle may cross a roadway with a speed limit in excess of 35 miles per hour if the crossing begins and ends on a roadway with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low-speed vehicle shall not traverse an uncontrolled intersection with any state highway unless that intersection has been approved and authorized by the agency having primary traffic enforcement responsibilities for that crossing by a low-speed vehicle.

SEC. 7.

 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.