HomeMy WebLinkAbout2019-07-09 - AGENDA REPORTS - STATE LEGISLATION: AB 1286 (2)Agenda Item: 6
DATE: July 9, 2019
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1286
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support
Assembly Bill 1286 (Muratsuchi) and transmit position statements to Assembly Member
Muratsuchi, 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 and prohibit the operation of shared mobility
providers by ordinance.
For the purpose of this report, a shared mobility device is a bike, electric bike, motorized scooter,
or other similar personal transportation device that is made available to the public by a shared
mobility provider for shared use and transportation in exchange for financial compensation.
The City of Santa Clarita (City) launched a two-year "Pace" Bike Share Program at the end of
2018. This pilot program will assess the public's desire for a bike share program and the
potential enhancements 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 providers and
currently does not authorize for the operation of shared motorized scooters within the City's
jurisdictional area.
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Sponsored by the League of California Cities and the Consumer Attorneys of California, this bill
requires a shared mobility provider, prior to the distribution and operation of a shared mobility
device, to enter into an agreement with, or obtain a permit from, the local authority with
jurisdiction over the area of use.
This bill authorizes cities and counties the power to regulate, limit, or prohibit the use and
operation of shared mobile devices within their jurisdictional area.
Additionally, this bill specifies that the agreement must, at a minimum, require that the provider
comply with the following requirements:
a. The shared mobility provider shall maintain commercial general liability insurance
coverage.
b. The agreement between the shared mobility provider and a user shall not contain a
provision by which the user waives, releases, or in any way limits their legal rights or
remedies.
This bill also requires a local authority that chooses to authorize a shared mobility provider to
operate within its jurisdictional area to adopt operation, parking, maintenance, and safety rules
regarding the use of shared mobility devices before a provider may offer any shared mobility
device for rent or use within the local jurisdiction.
Given the potential hazards that dock -less shared mobility devices present to motorists,
bicyclists, pedestrians, and their own users, local authorities have taken steps to assess this new
technology in a way that reflects the unique characteristics of local communities and overall
safety of residents. Much like the managing of sidewalks, streets, and public right-of-way,
shared mobility is a local jurisdictional matter.
In a number of cities, the shared mobile devices have been introduced without the notification
and involvement of local governments. The lack of local involvement in the regulation of shared
mobile devices may cause a risk to public safety and, overall quality of life. AB 1286 proposes
to create a statewide standard regarding shared mobile devices to ensure the safety of shared
mobile device users.
Assembly Bill 1286 was introduced on February 21, 2019, and passed the Assembly (49-12-19)
on May 20, 2019. Assembly Members Lackey and Smith both voted in favor of Assembly Bill
1286.
The City Council Legislative Committee met on June 25, 2019, and recommends that the City
Council adopt a "support" position on Assembly Bill 1286.
ALTERNATIVE ACTION
Adopt a "neutral" position on Assembly Bill 1286
2. Adopt an "oppose" position on Assembly Bill 1286
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3. Take no action on Assembly Bill 1286
4. Refer Assembly Bill 1286 back to the Legislative Committee
5. 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 1286 - Bill Text
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AMENDED IN SENATE JUNE 6, 2019
AMENDED IN ASSEMBLY MAY 1, 2019
AMENDED IN ASSEMBLY APRIL 25, 2019
AMENDED IN ASSEMBLY APRIL 8, 2019
CALIFORNIA LEGISLATURE -2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1286
Introduced by Assembly Member Muratsuchi
February 21, 2019
An act to add Title 10.1 (commencing with Section 2505) to Part 4
of Division 3 of the Civil Code, relating to mobility devices.
LEGISLATIVE COUNSEL'S DIGEST
AB 1286, as amended, Muratsuchi. Shared mobility devices:
agreements.
Existing law regulates contracts for particular transactions, including
those in which one person agrees to give to another person the temporary
possession and use of personal property, other than money for reward,
and the latter agrees to return the property to the former at a future time.
This bill would require a shared mobility service provider, as defined,
to enter into an agreement with, or obtain a permit from, the city or
county with jurisdiction over the area of use. The bill would require
that the provider maintain a specified amount of commercial general
liability insurance and would prohibit the provider from including
specified provisions in a user agreement before distributing a shared
mobility device within that jurisdiction. The bill would define shared
mobility device to mean an electrically motorized board, motorized
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scooter, electric bicycle, bicycle, or other similar personal transportation
device, except as provided.
This bill would require a city or county that authorizes a shared
mobility device provider to operate within its jurisdiction on or after
January 1, 2020, to adopt operation, parking, maintettattee, and safe
des and maintenance rules, as provided, regarding the use of the shared
mobility devices in its jurisdiction before the provider may offer shared
mobility devices for rent or use. The bill would require a city or county
that authorized a provider to operate within its jurisdiction before
January 1, 2020, and continues to provide that authorization to adopt
tkose operation, parking, and maintenance
rules, as provided, by January 1, 2 02 1.
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. Title 10.1 (commencing with Section 2505) is
2 added to Part 4 of Division 3 of the Civil Code, to read:
3
4 TITLE 10.1. SHARED MOBILITY DEVICES
5
6 2505. (a) For purposes of this title:
7 (1) "Shared mobility device" means an electrically motorized
8 board as defined in Section 313.5 of the Vehicle Code, motorized
9 scooter as defined in Section 407.5 of the Vehicle Code, electric
10 bicycle as defined in Section 312.5 of the Vehicle Code, bicycle
11 as defined in Section 231 of the Vehicle Code, or other similar
12 personal transportation device, except as provided in subdivision
13 (b) of Section 415 of the Vehicle Code, that is made available to
14 the public by a shared mobility service provider for shared use and
15 transportation in exchange for financial compensation via a digital
16 application or other electronic or digital platform.
17 (2) "Shared mobility service provider" or "provider" means a
18 person or entity that offers, makes available, or provides a shared
19 mobility device in exchange for financial compensation or
20 membership via a digital application or other electronic or digital
21 platform.
22 (b) Before distribution of a shared mobility device, a shared
23 mobility service provider shall enter into an agreement with, or
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1 obtain a permit from, the city or county with jurisdiction over the
2 area of use. The agreement or permit shall, at a minimum, require
3 that the provider comply with both of the following requirements:
4 (1) R-ees-Require that the shared mobility service provider
5 to maintain commercial general liability insurance coverage with
6 a carrier doing business in California, with limits not less than one
7 million dollars ($1,000,000) for each occurrence for bodily injury
8 or property damage, including contractual liability, personal injury,
9 and product liability and completed operations, and not less than
10 five million dollars ($5,000,000) aggregate for all occurrences
11 during the policy period. The insurance shall not exclude coverage
12 for injuries or damages caused by the shared mobility service
13 provider to the shared mobility device user.
14 (2) The shared mobility provider agreement between the
15 provider and a user shall not contain a provision by which the user
16 waives, releases, or in any way limits their legal rights or remedies
17 under the agreement.
18 (c) (1) A city or county that authorizes a provider to operate
19 within its jurisdiction on or after January 1, 2020, shall adopt rules
20 for the operation, parking, maintettattee,
21 the tse and maintenance of shared mobility devices before a
22 provider may offer any shared mobility device for rent or use in
23 the city ori county by any of thefollowing:
24 (A) Ordinance.
25 (B) Agreement.
26 (C) Permit terms.
27 (2) A city or county that authorized a provider to operate within
28 its jurisdiction before January 1, 2020, and continues to provide
29 that authorization shall adopt rules for the operation, parking,
30 and maintenance
31 of shared mobility devices by January 1, 2021.2021, by any of the
32 following:
33 (A) Ordinance.
34 (B) Agreement.
35 (C) Permit terms.
36 (3) A provider shall comply with all operation, parking,
37 applicable rules, agreements, and
38 permit terms established pursuant to this subdivision.
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AB 1286
1 (d) Nothing in this section shall prohibit a city or county from
2 adopting any ordinance or regulation that is not inconsistent with
3 this title.
4 SEC. 2. The provisions of this act are severable. If any
5 provision of this act or its application is held invalid, that invalidity
6 shall not affect other provisions or applications that can be given
7 effect without the invalid provision or application.
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