Bill Text: CA SB663 | 2009-2010 | Regular Session | Introduced
Bill Title: Neighborhood electric vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB663 Detail]
Download: California-2009-SB663-Introduced.html
BILL NUMBER: SB 663 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Benoit
FEBRUARY 27, 2009
An act to add Chapter 8.1 (commencing with Section 1966) to
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.
LEGISLATIVE COUNSEL'S DIGEST
SB 663, as introduced, Benoit. Neighborhood electric vehicles.
Existing law defines "low-speed vehicle" for purposes of the
Vehicle Code as a motor vehicle, other than a motor truck, 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. A violation of the
Vehicle Code is an infraction, unless otherwise specified.
Existing law authorizes a city or county to establish a golf cart
transportation plan subject to the review of the appropriate
transportation planning agency and traffic law enforcement agency.
Existing law provides that operating a golf cart other than on an
authorized roadway is an infraction punishable by a fine not
exceeding $100. Existing law authorizes, until January 1, 2012, the
City of Lincoln and the City of Rocklin in the County of Placer to
establish a neighborhood electric vehicle transportation plan and
authorizes, until January 1, 2013, the County of Orange to establish
a neighborhood electric vehicle transportation plan for the Ranch
Plan Planned Community in that county. A person operating a
neighborhood electric vehicle 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 City of Palm Desert to establish a
similar neighborhood electric vehicle plan, subject to the same
penalties. The bill would require a report to the Legislature by
January 1, 2013. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8.1 (commencing with Section 1966) is added to
Division 2.5 of the Streets and Highways Code, to read:
CHAPTER 8.1. NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION PLAN
FOR THE CITY OF PALM DESERT
1966. It is the intent of the Legislature, in enacting this
chapter, to authorize the City of Palm Desert to establish a
neighborhood electric vehicle (NEV) transportation plan. 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.
1966.1. The following definitions apply to this chapter:
(a) "Plan area" means the City of Palm Desert and all streets
located within the city.
(b) "Neighborhood electric vehicle" or "NEV" means a low-speed
vehicle as defined by Section 385.5 of the Vehicle Code.
(c) "NEV lanes" means all publicly or privately owned facilities
that provide for NEV travel including roadways designated by signs or
permanent markings which are shared with pedestrians, bicyclists,
and other motorists in the plan area.
1966.2. (a) The City of Palm Desert may, by ordinance or
resolution, adopt a NEV transportation plan for the plan area.
(b) The transportation plan shall have received a prior review and
the comments of the Riverside County Transportation Commission and
any agency having traffic law enforcement responsibilities in the
City of Palm Desert.
1966.3. 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) Provision for NEV related facilities including, but not
limited to, special access points and NEV crossings.
(d) Provisions for parking facilities at destination locations,
including, but not limited to, community commercial centers, golf
courses, public areas, and 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) NEV lanes 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 speed limits of 55 per
hour or less.
1966.4. If the City of Palm Desert adopts a NEV transportation
plan for the plan area, 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, and roadway design criteria, if the plan
envisions separated NEV lanes.
(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, 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 City of Palm Desert adopts a NEV transportation
plan for the plan area, it shall also adopt all of the following as
part of the plan:
(a) NEVs eligible to use NEV lanes 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.
(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 transportation plan, and allowing only those NEVs
and golf carts that meet the safety equipment requirements specified
in the plan to be operated on those routes.
(2) Any person operating a 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. (a) If the City of Palm Desert adopts a NEV
transportation plan for the plan area pursuant to this chapter, the
city shall submit a report to the Legislature on or before November
1, 2013, in consultation with the Department of the California
Highway Patrol and local law enforcement agencies.
(b) The report shall include both 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.
SEC. 2. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in Chapter 7 (commencing with Section
1963) and , Chapter 8 (commencing with
Section 1965) , and Chapter 8.1 (commencing with Section 1966)
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. 3. 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 7
(commencing with Section 1963) or ,
Chapter 8 (commencing with Section 1965) , or Chapter 8.1
(commencing with Section 1966) 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. 4. 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.
