BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 225
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 225 (Nestande) 
          As Amended  May 9, 2013
          Majority vote 

           TRANSPORTATION      12-0        APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Linder, Achadjian,        |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Ammiano, Blumenfield,     |     |Bocanegra, Bradford, Ian  |
          |     |Buchanan, Daly, Gatto,    |     |Calderon, Campos,         |
          |     |Holden, Logue, Morrell,   |     |Donnelly, Eggman, Gomez,  |
          |     |Patterson, Quirk-Silva    |     |Hall, Holden, Linder,     |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the operation medium-speed electric  
          vehicles (MSV), as defined, on roadways.  Specifically,  this  
          bill  :  

          1)Defines a "medium-speed electric vehicle" as a vehicle that  
            is: 

             a)   Required to attain a speed between 40 to 45 miles per  
               hour within one mile and on a paved level surface;

             b)   Possesses a fully-enclosed passenger compartment with  
               rigid doors and safety windows; 

             c)   Has a gross vehicle weight of no more than 3,000 pounds;

             d)   Is propelled solely by an electric motor; and,

             e)   Contains a vehicle identification number that meets  
               international standards.  

          1)Requires MSVs to meet or exceed federal safety standards, as  
            specified, including: 

             a)   A fully enclosed passenger compartment with rigid doors  
               and safety windows; 

             b)   A horn that is capable of emitting sound at specified  
               levels;








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             c)   Roof crush resistance;

             d)   Electrolyte spillage and electrical shock protection;  
               and,

             e)   A windshield that conforms to the American National  
               Standards Institute's safety code.  

          1)Requires MSVs to meet or exceed any safety standards adopted  
            for MSVs by the National Highway Traffic Safety Administration  
            (NHTSA) within one year of adoption, unless an earlier  
            compliance date is specified in federal standards.  

          2)Clarifies that MSVs are subject to laws generally applicable  
            to motor vehicles.  

          3)Prohibits MSVs from operating at speeds greater than 45 miles  
            per hour.  

          4)Prohibits MSVs from being operated on a roadway with a speed  
            limit in excess of 45 miles per hour.   

           EXISTING LAW  :  

          1)Defines low-speed electric vehicles (LSV) (also known as  
            "neighborhood electric vehicles") as: 

             a)   Having four wheels;

             b)   Capable of speeds of more than 20 miles per hour, but no  
               more than 25 miles per hour;
         
             c)   Having a gross vehicle weight rating of less than 3,000  
               pounds; and,

             d)   Meeting federal safety requirements as specified for  
               LSVs.  

          1)Requires that LSVs are subject to all laws applicable to a  
            motor vehicle and all drivers of LSVs are subject to all laws  
            applicable to the driver of a motor vehicle as specified.  

          2)Prohibits LSVs from being operated on a roadway with a speed  
            limit in excess of 35 miles per hour.  








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          3)Requires, at the federal level, LSVs to possess a number of  
            safety features including, but not limited to, headlamps, stop  
            lights, and parking brakes.  

          4)Prohibits any person from manufacturing for sale, selling,  
            offering for sale, introducing, or delivering for introduction  
            in interstate commerce any new motor vehicle unless the  
            vehicle complies with all applicable federal motor vehicle  
            safety standards and is certified accordingly.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor non-reimbursable costs to cities and counties  
          for enforcement of MSV operating restrictions, offset to some  
          extent by fine revenues.  

           COMMENTS  :  Existing state and federal law provides for the use  
          of LSVs on public highways.  LSVs are generally limited to  
          fairly controlled environments-that is, roads low maximum speeds  
          allowed.  Because of the low allowable speeds, LSVs have fewer  
          safety features than typical passenger vehicles.  

          Manufacturers have begun to produce LSVs that are capable of  
          going greater than 25 miles per hour.  However, these vehicles  
          cannot lawfully be operated on California streets because they  
          are not made to comply with federal motor vehicle safety  
          standards for regular passenger vehicles.  

          Current federal regulations do not classify or provide any  
          safety requirements for MSVs.  Indeed, federal regulations  
          specifically state that any small passenger vehicle whose  
          maximum speed is higher than 25 miles per hour must comply with  
          the full range of motor vehicle safety standards and does not  
          qualify as an LSV.  

          Proponents assert that MSVs would have a number of positive  
          environmental impacts including a reduction in the consumption  
          of fossil fuels and a reduction in greenhouse gas emissions.  As  
          drivers are given the option to travel on local roads in a more  
          cost effective and environmentally conscious manner, the  
          increase in the number of electric vehicles on roadways would  
          over time reduce the number of greenhouse gas emitting passenger  
          vehicles.  

          The author's office reports that 11 other states have MSV  








                                                                  AB 225
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          statutes providing for speeds of 35 miles per hour or faster on  
          public roadways.  Apparently, manufacturers of MSVs have gotten  
          around federal motor vehicle safety standards in these states by  
          selling vehicles that are technically LSVs but that can have the  
          speed controller adjusted after purchase to operate like a MSV.   


          NHTSA, which is responsible for setting federal motor vehicle  
          safety standards, has resisted developing unique specifications  
          for MSVs, stating, "?we are denying [the petition urging NHTSA  
          to create a MSV class of vehicles] because the introduction of  
          such a class of motor vehicles without the full complement of  
          safety features required for other light vehicles such as  
          passenger cars would result in significantly greater risk of  
          deaths and serious injuries.  While NHSTSA agrees with the  
          importance of environmental issues, the agency believes that it  
          is neither necessary nor appropriate to significantly increase  
          the risk of deaths and serious injuries to save fuel."  
           

          Analysis Prepared by  :    Manny Leon / TRANS. / (916) 319-2093 


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