Bill Text: CA AB1112 | 2019-2020 | Regular Session | Amended


Bill Title: Shared mobility devices: local regulation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-11 - In committee: Hearing postponed by committee. [AB1112 Detail]

Download: California-2019-AB1112-Amended.html

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.


LEGISLATIVE COUNSEL'S DIGEST


AB 1112, as amended, Friedman. Shared mobility devices: local regulation.
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 any unduly restrictive requirements on mobility device providers that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. The bill would allow a local authority to require shared mobility device providers to deploy shared mobility devices in accordance with fleet caps, reasonable insurance and indemnification requirements, equitable access requirements, and speed limits, as a condition of operating a shared mobility fleet. The bill would prohibit a local authority from imposing an unduly restrictive requirement on a provider of subjecting users of shared mobility devices, including a requirement that is more devices to requirements more restrictive than those applicable to riders users of personally owned similar transportation devices.
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: 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 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) “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 an entity 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 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.
(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. aggregated. 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 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 five 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, as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips within the jurisdiction of the local authority on any 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.

39057.
 (a) In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:
(1) Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.
(2) Reasonable insurance and indemnification requirements.
(3) Required or incentivized deployment in specific regions of the local authority’s jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.
(4) Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.
(b) 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.

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

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 a safe, affordable, and 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.

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