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AB-1112 Micromobility devices: relocation.(2019-2020)



Current Version: 07/22/20 - Amended Senate

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AB1112:v93#DOCUMENT

Amended  IN  Senate  July 22, 2020
Amended  IN  Senate  June 19, 2019
Amended  IN  Senate  June 03, 2019
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 shared mobility devices. An act to add Article 3 (commencing with Section 22880) to Chapter 10 of Division 11 of the Vehicle Code, relating to micromobility devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 1112, as amended, Friedman. Shared mobility devices: local regulation. Micromobility devices: relocation.
Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances, including when the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Existing law generally regulates the operation of bicycles, electric bicycles, and motorized scooters. Under existing law, a violation of the Vehicle Code is a crime.
This bill would prohibit an unauthorized person from removing an unattended micromobility device from a highway to a storage facility, garage, or other place. The bill would authorize a person to relocate an illegally parked micromobility device a short distance in order to clear a highway, sidewalk, doorway, or public bicycle path or trail for vehicle or pedestrian traffic. The bill would allow a peace officer to relocate an illegally parked micromobility device to a properly parked location. If relocation is impracticable, the bill would allow a peace officer to remove a micromobility device in the same manner as a vehicle. Because a violation of these provisions would be a crime, this bill 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 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 and operational data, including 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 allow a local authority to enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, requiring a shared mobility service provider to obtain a permit. The bill would allow a local authority to ban persons from deploying and offering shared mobility devices for hire on its public right of way, subject to the California Environmental Quality Act.

The bill would include findings that uniformity in certain aspects of local regulation of 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.

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

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


SECTION 1.

 Article 3 (commencing with Section 22880) is added to Chapter 10 of Division 11 of the Vehicle Code, to read:
Article  3. Relocation of Micromobility Devices

22880.
 (a) A micromobility device is not a vehicle and the provisions of Article 1 (commencing with Section 22650), Article 2 (commencing with 22850), and Chapter 11 (commencing with Section 22950) do not apply to, and do not authorize the removal of, a micromobility device, except in limited situations as provided in subdivision (d).
(b) An unauthorized person may not remove an unattended micromobility device from a highway to a storage facility, garage, or other place. However, a person may relocate an illegally parked micromobility device a short distance in order to clear a highway, sidewalk, doorway, or public bicycle path or trail for vehicle or pedestrian traffic.
(c) A peace officer, local authority, or agent thereof may relocate an illegally parked micromobility device to a properly parked location.
(d) A peace officer, local authority, or agent thereof may remove a micromobility device to a storage facility in the same manner as a vehicle pursuant to Article 1 (commencing with Section 22650) and Article 2 (commencing with 22850) if relocation pursuant to subdivision (c) is impracticable. The provisions of Section 22650 apply to any removal under this paragraph.
(e) As used in this section, “micromobility device” means a bicycle, electric bicycle, or motorized scooter as defined in Division 1 (commencing with Section 100).

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.Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:
16.8.Local Regulation of Motorized Scooters
39050.

The Legislature finds and declares that a basic level of statewide standards for local regulation of 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 apply, unless the context requires otherwise:

(a)“Aggregated data” 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 data” means data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user, provided that an entity that uses deidentified data meets all of the following criteria:

(1)Has implemented technical safeguards that prohibit reidentification of the user to whom the data may pertain.

(2)Has implemented business and security processes that specifically prohibit reidentification of the data.

(3)Has implemented business and security processes to prevent inadvertent release of deidentified data.

(4)Makes no attempt to reidentify the information.

(c)“Operational data” means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs.

(d)“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.

(e)“Shared mobility device service provider” or “provider” means a person or entity, other than a government 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.

(f)“Trip data” means deidentified and aggregated data related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.

(g)“Individual trip data” means data related to a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data are “electronic device information” as defined in subdivision (g) of Section 1546 of the Penal Code and are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

39052.

All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.

39056.

A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. 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.

39057.

(a)A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:

(1)Requiring that, before distribution of a shared mobility device, a shared mobility service provider shall enter into an agreement with, or obtain a permit from, the local authority with jurisdiction over the area.

(2)Adoption of operation, parking, maintenance, and safety rules regarding the use of shared mobility devices.

(3)Adoption of requirements to protect public health, safety, and welfare, ensure accessibility, support environmental sustainability, and ensure equitable access to historically disadvantaged communities or individuals within the local authority’s jurisdiction.

(b)A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.

(c)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.

39060.

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 an 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 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 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.