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SB-915 Local government: autonomous vehicle service.(2023-2024)

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Date Published: 05/17/2024 11:16 AM
SB915:v96#DOCUMENT

Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 11, 2024
Amended  IN  Senate  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 915

Introduced by Senator Cortese
(Principal coauthor: Assembly Member Rodriguez)

January 09, 2024

An act to add Section 53075.1 to the Government Chapter 2 (commencing with Section 38760) to, and to add the heading of Chapter 1 (commencing with Section 38750) to, Division 16.6 of the Vehicle Code, relating to local government. autonomous vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 915, as amended, Cortese. Local government: autonomous vehicles. vehicle service.
Existing law authorizes an autonomous vehicle, as defined, to be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if certain requirements are met, including that the vehicle is being operated solely by employees, contractors, or other persons designated by the manufacturer. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer submits an application to the Department of Motor Vehicles containing certain certifications regarding safety and other technological requirements and the department approves that application pursuant to adopted regulations. Existing law, commencing January 1, 2030, and to the extent authorized by federal law, prohibits the operation of certain new autonomous vehicles that are not zero-emission vehicles, as defined.
Existing law provides for the local regulation of certain types of transportation services, including taxicab companies. Existing law requires each city or county in which a taxicab company is substantially located to adopt an ordinance or resolution in regards to taxicab transportation service, that includes provisions for a permitting program for taxicab drivers. Under existing law, it is unlawful to operate a taxicab company without a valid permit to operate issued by each city or county in which the taxicab company is substantially located.
This bill would authorize each city, county, or city and county in which a city with a population of 250,000 or greater that an autonomous vehicle service, as defined, has received authorization by the Department of Motor Vehicles, the Public Utilities Commission, or any other applicable state agency to operate, to protect the public health, safety, and welfare by enacting an ordinance in regard to autonomous vehicle services within that jurisdiction. The bill would require each city, county, or city and county city that enacts an ordinance to include certain provisions within that ordinance. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program that includes, among other things, the establishment of reasonable vehicle caps and hours of service restrictions. The bill would authorize a city with a population of less than 250,000 that shares a border or is contiguous to a city that has enacted an autonomous vehicle services ordinance to enact an ordinance substantially consistent with that autonomous vehicle services ordinance.
The bill would authorize each city, county, or city and county city to levy service charges, fees, or assessments in the amount sufficient to pay for the costs of carrying out an ordinance enacted in regard to autonomous vehicle services. The bill would require a permitted prohibit an ordinance enacted pursuant to this bill from banning the safe operation of autonomous vehicle services.
This bill would require an autonomous vehicle service to include an interoperability or override system in each of its vehicles, as specified, and provide training for first responders on how to interact with the vehicles and the use of the override system. The bill would require an autonomous vehicle service conducting commercial passenger service to take various actions, including maintaining reasonable financial responsibility and keeping its vehicles in safe operating condition, as specified. The bill would also authorize a city, county, or city and county to enter into an agreement with another city, county, or city and county to form a joint powers authority or into an agreement with a transit agency for the purpose of regulating or administering autonomous vehicle services within jurisdictional boundaries.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California has witnessed the growth and expansion of autonomous vehicle services in urban areas across the state, including the bay area and Los Angeles.
(b) The approval and deployment of autonomous vehicle services in California is governed entirely by the Department of Motor Vehicles and the Public Utilities Commission, and currently allows for minimal local control or public input.
(c) The deployment of autonomous vehicle services, over the objections of local government, the general public, law enforcement, and emergency responders, has led to numerous accidents, injuries, and traffic congestion.
(d) The deployment of autonomous vehicle services without requirements to ensure that the services are fully accessible to people with disabilities has resulted in disabled Californians being unfairly and unlawfully excluded from those services.
(e) Given the localized nature of transportation, the deployment and regulation of autonomous vehicle services requires local approval and local control.
(f) This act shall be known as the “Autonomous Vehicle Service Deployment and Data Transparency Act (AVS-DDTA).”
(g) The purpose of this act is to prioritize local control in the decision to deploy autonomous vehicle services, where an entity has already received any deployment approval by the Department of Motor Vehicles, the Public Utilities Commission, or any other state agency.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 38750) is added to Division 16.6 of the Vehicle Code, to read:
CHAPTER  1. General
SEC. 2.Section 53075.1 is added to the Government Code, to read:
53075.1.

SEC. 3.

 Chapter 2 (commencing with Section 38760) is added to Division 16.6 of the Vehicle Code, to read:
CHAPTER  2. Autonomous Vehicle Service

38760.
 For purposes of this chapter:
(a) “Autonomous vehicle service” means any entity that has received authority to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or any other state agency.
(b) “City” means a city or city and county.
(c) “Reasonable vehicle caps” shall mean that the allowable number of vehicles does not contribute to a significant and measurable increase in traffic congestion as determined by the local jurisdiction’s appropriate transportation agency.

38761.
 (a) (1) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city, county, or city and county in which a city with a population of 250,000 or greater that an autonomous vehicle service has received authorization by the Department of Motor Vehicles, the Public Utilities Commission, or any other applicable state agency to operate, may protect the public health, safety, and welfare by enacting an ordinance or ordinances in regard to autonomous vehicle services within the jurisdiction of the city, county, or city and county. that city.

(b)

(2) Each city, county, or city and county city that enacts an ordinance pursuant to this section subdivision shall provide, at a minimum, a policy for entry into the business of providing autonomous vehicle services in that ordinance. The policy shall include, but not be limited to, a permitting program for autonomous vehicle services that includes all of the following provisions:

(1)

(A) The establishment or registration of rates for the provision of an autonomous vehicle service conducting commercial passenger service that meets the following requirements:

(A)

(i) The autonomous vehicle service may set fares or charge a flat rate. However, the city, county, or city and county city may set a maximum rate.

(B)

(ii) The autonomous vehicle service may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code.

(C)

(iii) The autonomous vehicle service shall disclose fares, fees, or rates to the customer. A permitted autonomous vehicle service may satisfy this requirement by disclosing fares, fees, or rates on its internet website, mobile telephone application, or telephone orders upon request by the customer. The rate may also be provided on the exterior of the vehicle or be clearly visible in either print or electronic form inside the vehicle.

(2)

(B) The establishment of reasonable vehicle caps and hours of service restrictions.

(3)

(C) The establishment of a fee schedule and disciplinary process for any moving violations or traffic obstruction caused during the operation of a vehicle by an autonomous vehicle service.
(b) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, a city with a population of less than 250,000 that shares a border or is contiguous to a city that has enacted an ordinance pursuant to subdivision (a) may enact an ordinance or ordinances in regard to autonomous vehicle services that are substantially consistent with the ordinance or ordinances of the city that has enacted an ordinance pursuant to subdivision (a).
(c) Each city, county, or city and county city may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance enacted in regard to autonomous vehicle services pursuant to this section.

(d)A permitted autonomous vehicle service conducting commercial passenger service shall do all of the following:

(d) An ordinance enacted pursuant to this section shall not ban the safe operation of autonomous vehicle services.

38762.
 (a) Upon receiving authorization by the Department of Motor Vehicles, the Public Utilities Commission, or any other applicable state agency to operate, an autonomous vehicle service shall do both of the following:
(1) Include an interoperability or override system in each of its vehicles accessible by first responders in case of an emergency.
(2) Provide training for first responders on how to interact with the vehicles and the use of the override system. The training shall be updated when electronic updates that affect how the interoperability or override system operates are pushed to the vehicles.
(b) Upon receiving authorization by the Department of Motor Vehicles, the Public Utilities Commission, or any other applicable state agency to operate, an autonomous vehicle service conducting commercial passenger service shall do all of the following:
(1) Maintain reasonable financial responsibility to conduct passenger transportation services in accordance with the requirements of an ordinance enacted pursuant to this section. Section 38761.
(2) (A) Ensure that its service complies with the federal Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec. 12101 et seq.), the Unruh Civil Rights Act (Section 51 of the Civil Code), the Disabled Persons Act (Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code), and all other applicable state and federal disability access laws.
(B) Maintain a disabled access education and training program to instruct its employees on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights laws and regulations. The education and training program shall include instruction on the duty to provide equal access to passengers with various disabilities, including, but not limited to, all of the following:
(i) The obligation to provide service to those with service animals.
(ii) Providing effective communication, including the right to alternative formats and auxiliary aids and services.
(iii) Making reasonable accommodations or modifications to rules, policies, and practices where necessary to provide equal access to the autonomous vehicle service for a person with a disability.
(3) Use wheelchair-accessible vehicles or, if an autonomous vehicle service uses nonwheelchair-accessible vehicles, the autonomous vehicle service must demonstrate that it is providing wheelchair-accessible service that is equivalent to nonwheelchair-accessible service in terms of service area, response time, availability, and wait time.
(A) An autonomous vehicle service that uses nonwheelchair-accessible vehicles may provide wheelchair-accessible service by supplementing its fleet with its own wheelchair-accessible vehicles or by contracting with a third party to provide wheelchair-accessible service.
(B) An autonomous vehicle service that uses nonwheelchair-accessible vehicles shall collect and maintain records and data on trips provided, trips declined, trips canceled, wait times, response times, and service availability for rides requested by users needing wheelchair-accessible vehicles and for other users to establish that its wheelchair-accessible service is equivalent to its nonwheelchair-accessible service.
(C) An autonomous vehicle service shall maintain the records and data required by this paragraph for a minimum of five years and make anonymized data available to the public.
(4) Ensure that the autonomous vehicle service’s internet website, mobile application, customer service platforms, human-machine interface, and all other public-facing technologies are readily apparent and accessible to people with disabilities.
(A) All information provided on the autonomous vehicle’s internet website, mobile application, customer service platforms, human-machine interface, and public-facing technologies must be in plain language.
(B) The method for requesting a wheelchair-accessible vehicle shall be readily apparent on any internet website, mobile application, customer service platforms, human-machine interface, public-facing technologies, screens, or other interface where users may request a ride.
(5) Maintain its motor vehicles used in passenger transportation services in a safe operating condition, and in compliance with the Vehicle Code, subject to annual inspection by the city, county, or city and county in which it operates, at a facility that is certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair.
(6) Provide the city, county, or city and county Department of Motor Vehicles, the California Public Utilities Commission, or the city that has issued a permit under this section pursuant to Section 38761 an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the permitting city, county, or city and county. city.

(7)(A)Include an interoperability or override system in each of its vehicles accessible by first responders in case of an emergency.

(B)Provide training for first responders on how to interact with the vehicles and the use of the override system. The training shall be updated when electronic updates that affect how the interoperability or override system operates are pushed to the vehicles.

(8)

(7) Establish data transparency sharing agreements necessary to administer or carry out an ordinance enacted pursuant to this section. Section 38761.

(9)Comply with all provisions of an ordinance enacted pursuant to this section.

(e)A city or county may do any of the following:

(1)Enter into an agreement with any other city, county, or city and county to form a joint powers authority for the purpose of regulating or administering autonomous vehicle services that operate within the jurisdictional boundaries of the joint powers authority.

(2)Enter into an agreement with a transit agency for the purpose of regulating or administering the autonomous vehicle service that operates within the jurisdictional boundaries of the transit agency. The transit agency may exercise all powers granted to the city or county that is a party to the agreement by this section in order to regulate or administer autonomous vehicle services within those boundaries.

(f)For purposes of this section:

(1)“Autonomous vehicle service” means any entity that has received authority to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or any other state agency.

(2)“Reasonable vehicle caps” shall mean that the allowable number of vehicles does not contribute to a significant and measurable increase in traffic congestion as determined by the local jurisdiction’s appropriate transportation agency.

(g)

38763.
 (a) Notwithstanding any other provision of this section, chapter, an airport operator shall have separate and ultimate authority to regulate autonomous vehicle service access to the airport and set access fees for autonomous vehicles at the airport.

(h)

(b) Nothing in this section chapter shall affect the authority of a jurisdiction to regulate autonomous vehicle service to an airport it owns or operates and to set access fees or requirements.

SEC. 3.SEC. 4.

 The Legislature finds and declares that ensuring the safe operation of autonomous vehicles across the state is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 3 of this act adding Section 53075.1 to the Government Chapter 2 (commencing with Section 38760) to Division 16.6 of the Vehicle Code applies to all cities, including charter cities.