HomeMy WebLinkAboutSB 663 - Neighborhood Electric Vehicles ��•�-�\
� � CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON SB 663 (BENOIT) AT ITS MEETING OF MARCH 24, 2009.
DATE: April 9, 2009
CONTENTS: SB 663 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 24, 2009, and direct staff to prepare a letter of support for the Mayor's
signature with regard to SB 663 (Benoit) relative to neighborhood electric vehicles.
BACKGROUND:
Existing law defines low speed vehicles as a motor vehicle other than a truck for the purposes of
the Vehicle Code and authorizes cities to establish golf cart transportation plans. If passed, SB
663 would authorize the City of Palm Desert to establish a Neighborhood Electric Vehicle Plan,
similar to its Golf Cart Transportation Plan, which would require the City to conduct a pilot
program allowing low speed vehicles on certain City streets until January 1, 2013,at which time
a report would be due to the State of California advising of any impact on the City of Palm
Desert. SB 663 is sponsored by the City of Palm Desert and its intent is to encourage the use of
NEV's on certain surface streets within the City of Palm Desert to reduce the City's carbon
footprint, promote clean air, and energy efficiency.
Therefore the Legislative Review Committee recommends that the City Council support SB 663
and direct staff to prepare a letter stating that position to appropriate legislators and committees
for the Mayor's signature and that staff be authorized to address local community groups,
neighborhoods, cities and testify before appropriate legislative bodies in support of this bill.
�
PATRICIA SCULLY, CF J OHLMUTH
SENIOR MANAGEM ANALYST T MANAGER
` CITY COU1vCILACTION
AI'PROVED ✓ DENIF,D
RI?CEIVED OTHER
�SHEILA R. G L
ACM/CO UNITY SERV ES MEF,T[ G DATE ' -�
�� AYES: � ,�, i F
NOES:1�l�n� `
���G� ABSrNT: ��/J�
AB�'I'�IN: �l�
PAUL GIBSON t�riz�r«�a sv: �
DIRECTOR OF FINANCE/CITY TREASURER ��rr��n��� ��n F��e with City Cler 's Oftice
�• State Net Bill Text Page 1 of 5
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In bill text the following has special meaning
underline denotes added text
2009 CA S 663
AUTHOR: Benoit
VERSION: Introduced
VERSION DATE: 02/27/2009
SENATE BILL No. 663
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.
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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
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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.
(� Provisions for NEV electrical chaxging 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.
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(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) an�-�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)eriChapter 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.
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