HomeMy WebLinkAbout2019-07-09 - AGENDA REPORTS - STATE LEGISLATION: AB 1112 (2)Agenda Item: 5
DATE: July 9, 2019
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1112
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support
Assembly Bill 1112 (Friedman), if amended, and transmit position statements to Assembly
Member Friedman, Santa Clarita's state legislative delegation, appropriate legislative
committees, Governor Newsom, and the League of California Cities.
BACKGROUND
Existing law allows local authorities to regulate the registration, parking, and operation of bikes
and motorized scooters in a manner that does not conflict with state law. Additionally, existing
law authorizes local authorities to regulate or prohibit the operation of shared mobility providers
by ordinance.
In the wake of unregulated deployment of dock -less, shared motorized scooters in 2018, many
local authorities, including the cities of Los Angeles and San Francisco, have moved to develop
regulations. Other cities have exercised their discretion and adopted a ban due to a variety of
concerns, including safety.
The City of Santa Clarita (City) launched a two-year "Pace" Bike Share Program at the end of
2018. This pilot program will assist the City in assessing the community's desire for a bike share
program and the impact the program may have on recreation and transportation opportunities in
the City. The program features 12 bike share stations with a total of 50 bikes located throughout
the City. Unlike bike share programs and recent shared motorized scooter programs that use a
dock -less model, the Pace Program features both bike racks and on -board locks to ensure bikes
are returned to stations properly.
The City has not entered into an agreement with any other shared mobility device providers and
currently does not authorize for the operation of shared motorized scooters within the City's
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jurisdictional area.
As originally introduced, this bill proposed to preempt local authority from imposing regulations
that had the effect of prohibiting the operation of shared mobility devices in a city or county.
On June 19, 2019, AB 1112 was amended to permit cities and counties to regulate, limit, or
prohibit the operation of shared mobility devices.
Specifically, the current version of this bill permits local authorities to enact regulations on
shared mobility devices, including the following:
1. Require that, before distribution of a shared mobility device, a shared mobility device
provider enter into an agreement with a local authority with jurisdiction over the area.
2. Adopt operation, parking, maintenance, and safety rules regarding the use of shared
mobility devices.
3. Adopt 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.
One area that this bill limits local authority is in regard to the sharing of individual trip data. For
the purpose of this report, individual trip data is data related to a trip taken by a user of a shared
mobility device including individual route data, time stamp, and global positioning.
Many local authorities that have permitted the use of shared mobility devices within their
jurisdictions have required shared mobility device providers to share individual trip data to local
transportation departments. The data has been used by local transportation departments to
identify and resolve transportation gaps, monitor compliance with local regulations, ensure ADA
compliance, address constituent concerns, and enforce equitable distribution of services.
Given the significant use of individual trip data to enforce local regulations and improve
transportation needs, the City Council Legislative Committee may consider recommending to the
City Council a support, if amended, position. The requested amendment to the author would be
to permit cities and counties the authority to require shared mobility device providers to share
individual trip data in which any part of the trip occurs within the jurisdiction of the local
authority.
Much like the managing of sidewalks, streets, and public right-of-way, shared mobility is a local
jurisdictional matter. The proposed amendment will ensure that local authorities that may permit
the use of shared mobility devices leverage the technology to better understand and improve
transportation within their jurisdictions.
Assembly Bill 1112 was introduced on February 21, 2019, and passed the Assembly (73-1-6) on
May 22, 2019. Assembly Members Lackey and Smith both voted in favor of Assembly Bill
1112.
The City Council Legislative Committee met on June 25, 2019, and recommends that the City
Council adopt a "support, if amended" position on Assembly Bill 1112.
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ALTERNATIVE ACTION
Adopt a "neutral" position on Assembly Bill 1112
2. Adopt a "support" position on Assembly Bill 1112
3. Adopt an "oppose" position on Assembly Bill 1112
4. Take no action on Assembly Bill 1112
5. Refer Assembly Bill 1112 back to the Legislative Committee
6. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2019-20 budget.
ATTACHMENTS
AB 1112 - Bill Text
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AMENDED IN SENATE JUNE 19, 2019
AMENDED IN SENATE JUNE 3, 2019
AMENDED IN ASSEMBLY MAY 7, 2019
AMENDED IN ASSEMBLY APRIL 8, 2019
AMENDED IN ASSEMBLY MARCH 28, 2019
CALIFORNIA LEGISLATURE -2019-20 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
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AB 1112
provider to provide the local authority with deidentified and aggregated
tripes 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
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to ttsers of personally owned similar transportation deviees. 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: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Division 16.8 (commencing with Section 39050)
2 is added to the Vehicle Code, to read:
3
4 DIVISION 16.8. LOCAL REGULATION OF MOTORIZED
5 SCOOTERS
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7 39050. The Legislature finds and declares that a basic level of
8 statewide standards for local regulation of shared mobility devices
9 encourages innovation and ensures basic expectations for
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1 consumers. Except as expressly stated, it is not the intent of the
2 Legislature that this division limit regulations a local authority
3 may otherwise implement beyond the minimum standards outlined
4 in this division.
5 39051. For the purposes of this division, the following
6 definitions apply, unless the context requires otherwise:
7 (a) " " "Aggregated data" means data that relates to
8 a group of trips, from which the start points, stop points, routes,
9 and times of individual trips have been removed and that cannot
10 be used, or combined with other information to isolate details of
11 an individual trip.
12 (b) "' eide"`ified2 "Deidentified data" meansitlf-o"atio data
13 that cannot reasonably identify, relate to, describe, be capable of
14 being associated with, or be linked, directly or indirectly, to a
15 particulars user, provided that an entity that uses
16 deidentified : data meets all of the following criteria:
17 (1) Has implemented technical safeguards that prohibit
18 reidentification of theme user to whom the
19 data may pertain.
20 (2) Has implemented business and security processes that
21 specifically prohibit reidentification of the iti f -o ... at on. data.
22 (3) Has implemented business and security processes to prevent
23 inadvertent release of deidentified iti f -o ....atiot. data.
24 (4) Makes no attempt to reidentify the information.
25 (c) "Operational data" means data pertaining to the general
26 status of a shared mobility device fleet including, but not limited
27 to, the location of shared mobility devices that are not engaged
28 by users, which devices are in use, the number of complaints
29 received by a shared mobility device service provider, and fleet
30 maintenance logs.
31 (e)
32 (d) "Shared mobility device" means an electrically motorized
33 board as defined in Section 313.5, a motorized scooter as defined
34 in Section 407.5, an electric bicycle as defined in Section 312.5,
35 a bicycle as defined in Section 231, or other similar personal
36 transportation device, except as provided in subdivision (b) of
37 Section 415, that is made available to the public by a shared
38 mobility service provider for shared use and transportation in
39 exchange for financial compensation via a digital application or
40 other electronic digital platform.
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AB 1112
1 O
2 (e) "Shared mobility device service provider" or "provider"
3 means a person or entity, other than a government entity, that
4 offers, makes available, or provides a shared mobility device in
5 exchange for financial compensation or membership via a digital
6 application or other electronic or digital platform.
7 (e)
8 ()9 "Trip data" means deidentified and aggregated data
9 related to trips taken by users of a shared mobility device including,
10 but not limited to, Global Positioning System, time stamp, or route
11 data.
12 f}
13 (g) "Individual trip data" means data elements related toffs
14 takett by ttsers a trip taken by a user of a shared mobility device
15 including, but not limited to, Global Positioning System, time
16 stamp, or route data that are not deidentified and aggregated.
17 Individual trip data -4s are "electronic device information" as
18 defined in subdivision (g) of Section 1546 of the Penal Code and
19 is are subject to the protections established in Chapter 3.6
20 (commencing with Section 1546) of Title 12 of Part 2 of the Penal
21 Code.
22 39052. All shared mobility devices operated in the state shall
23 include a single unique alphanumeric ID assigned by the provider
24 that is visible from a distance of-Ftt�e ten feet, that is not obfuscated
25 by branding or other markings, and that is used throughout the
26 state, including by local authorities, to identify the shared mobility
27 device.
28 39056. A local authority may require a shared mobility device
29 provider, including as a condition for operating a shared mobility
30 device program, to provide to the local authority trip data for all
31 trips in which any part occurs within the jurisdiction of the local
32 authority on any shared mobility e� device and to provide the
33 local authority with operational data for any shared mobility
34 devices within the jurisdiction of the local authority. Individual
35 trip data shall not be shared with the local authority, except as
36 provided by Chapter 3.6 (commencing with Section 1546) of Title
37 12 of Part 2 of the Penal Code.
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all shared mobility providers in its iittris(Retion. A loeal attthof4y
,; itee t
(1) Fleet eaps that reasonably limit the tmntber of share
Mobility Clev ljennille(4 to operate within its ittriselietion.
(b) The loeal attthority may impose fees baseel on the reaso
jttriselietiott
,
seooters.
39057. (a) A local authority may enact reasonable regulations
on shared mobility devices and providers within its jurisdiction,
including, but not limited to, thefollowing:
(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.
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AB 1112
1 (b) A local authority may, through ordinance, ban persons from
2 deploying and offering for hire shared mobility devices on its
3 public right of way. An ordinance described in this subdivision is
4 subject to the requirements of state law, including, but not limited
5 to, Division 13 (commencing with Section 21000) of the Public
6 Resources Code, as having a significant effect on the environment.
7 (c) The local authority may impose fees based on the reasonable
8 and necessary costs incurred by the local authority as a result of
9 administering shared mobility device programs within its
10 jurisdiction.
11 39060. It is the intent of the Legislature to promote and
12 encourage the use of zero -emission shared mobility devices, which
13 have been proven to be an environmentally sustainable replacement
14 for automobile trips. In accordance with this policy, the Legislature
15 finds and declares that uniformity in certain aspects of local
16 regulation of shared mobility devices is of vital statewide
17 importance, and thus a matter of statewide concern. Thus, the
18 Legislature finds and declares that the provisions of this division,
19 providing for uniformity in certain aspects of local regulation of
20 shared mobility devices and providers address a matter of statewide
21 concern rather than a municipal affair as that term is used in Section
22 5 of Article XI of the California Constitution. Therefore, this
23 division applies to all cities and counties, including charter cities
24 and counties.
X
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