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| 1 | + | Amended IN Senate June 19, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly May 07, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1112Introduced by Assembly Member FriedmanFebruary 21, 2019An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to shared mobility devices.LEGISLATIVE COUNSEL'S DIGESTAB 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 provider to provide the local authority with deidentified and aggregated trip data 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 prohibit a local authority from imposing any unduly restrictive requirements on mobility device providers that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. The bill would allow a local authority to require shared mobility device providers to deploy shared mobility devices in accordance with fleet caps, reasonable insurance and indemnification requirements, equitable access requirements, and speed limits, as a condition of operating a shared mobility fleet. The bill would prohibit a local authority from subjecting users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:DIVISION 16.8. Local Regulation of Motorized Scooters39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39057.(a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:(1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.(2)Reasonable insurance and indemnification requirements.(3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.(4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.(b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39058.In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
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| 3 | - | ||
| 3 | + | Amended IN Senate June 19, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly May 07, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1112Introduced by Assembly Member FriedmanFebruary 21, 2019An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to shared mobility devices.LEGISLATIVE COUNSEL'S DIGESTAB 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 provider to provide the local authority with deidentified and aggregated trip data 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 prohibit a local authority from imposing any unduly restrictive requirements on mobility device providers that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. The bill would allow a local authority to require shared mobility device providers to deploy shared mobility devices in accordance with fleet caps, reasonable insurance and indemnification requirements, equitable access requirements, and speed limits, as a condition of operating a shared mobility fleet. The bill would prohibit a local authority from subjecting users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 19, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly May 07, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 28, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 22, 2020 | |
| 8 | 7 | Amended IN Senate June 19, 2019 | |
| 9 | 8 | Amended IN Senate June 03, 2019 | |
| 10 | 9 | Amended IN Assembly May 07, 2019 | |
| 11 | 10 | Amended IN Assembly April 08, 2019 | |
| 12 | 11 | Amended IN Assembly March 28, 2019 | |
| 13 | 12 | ||
| 14 | 13 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 15 | 14 | ||
| 16 | - | Assembly Bill | |
| 17 | - | ||
| 18 | - | No. 1112 | |
| 15 | + | Assembly Bill No. 1112 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member FriedmanFebruary 21, 2019 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Assembly Member Friedman | |
| 23 | 20 | February 21, 2019 | |
| 24 | 21 | ||
| 25 | - | An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to shared mobility devices. | |
| 22 | + | An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to shared mobility devices. | |
| 26 | 23 | ||
| 27 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | - | AB 1112, as amended, Friedman. Shared mobility devices: local regulation. | |
| 28 | + | AB 1112, as amended, Friedman. Shared mobility devices: local regulation. | |
| 32 | 29 | ||
| 33 | - | Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances, including when the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Existing law generally regulates the operation of bicycles, electric bicycles, and motorized scooters. Under existing law, a violation of the Vehicle Code is a crime.This bill would prohibit an unauthorized person from removing an unattended micromobility device from a highway to a storage facility, garage, or other place. The bill would authorize a person to relocate an illegally parked micromobility device a short distance in order to clear a highway, sidewalk, doorway, or public bicycle path or trail for vehicle or pedestrian traffic. The bill would allow a peace officer to relocate an illegally parked micromobility device to a properly parked location. If relocation is impracticable, the bill would allow a peace officer to remove a micromobility device in the same manner as a vehicle. Because a violation of these provisions would be a crime, this bill 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.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 provider to provide the local authority with deidentified and aggregated trip 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 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. | |
| 34 | - | ||
| 35 | - | Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances, including when the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Existing law generally regulates the operation of bicycles, electric bicycles, and motorized scooters. Under existing law, a violation of the Vehicle Code is a crime. | |
| 36 | - | ||
| 37 | - | This bill would prohibit an unauthorized person from removing an unattended micromobility device from a highway to a storage facility, garage, or other place. The bill would authorize a person to relocate an illegally parked micromobility device a short distance in order to clear a highway, sidewalk, doorway, or public bicycle path or trail for vehicle or pedestrian traffic. The bill would allow a peace officer to relocate an illegally parked micromobility device to a properly parked location. If relocation is impracticable, the bill would allow a peace officer to remove a micromobility device in the same manner as a vehicle. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. | |
| 38 | - | ||
| 39 | - | 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. | |
| 40 | - | ||
| 41 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 30 | + | 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 provider to provide the local authority with deidentified and aggregated trip data 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 prohibit a local authority from imposing any unduly restrictive requirements on mobility device providers that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. The bill would allow a local authority to require shared mobility device providers to deploy shared mobility devices in accordance with fleet caps, reasonable insurance and indemnification requirements, equitable access requirements, and speed limits, as a condition of operating a shared mobility fleet. The bill would prohibit a local authority from subjecting users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices. 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. | |
| 42 | 31 | ||
| 43 | 32 | 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. | |
| 44 | 33 | ||
| 45 | - | ||
| 46 | - | ||
| 47 | - | 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 provider to provide the local authority with deidentified and aggregated trip 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 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. | |
| 48 | - | ||
| 49 | - | ||
| 34 | + | 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 provider to provide the local authority with deidentified and aggregated trip data 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 prohibit a local authority from imposing any unduly restrictive requirements on mobility device providers that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. The bill would allow a local authority to require shared mobility device providers to deploy shared mobility devices in accordance with fleet caps, reasonable insurance and indemnification requirements, equitable access requirements, and speed limits, as a condition of operating a shared mobility fleet. The bill would prohibit a local authority from subjecting users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices. 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. | |
| 50 | 35 | ||
| 51 | 36 | 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. | |
| 52 | - | ||
| 53 | - | ||
| 54 | 37 | ||
| 55 | 38 | ## Digest Key | |
| 56 | 39 | ||
| 57 | 40 | ## Bill Text | |
| 58 | 41 | ||
| 59 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:DIVISION 16.8. Local Regulation of Motorized Scooters39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39057.(a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:(1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.(2)Reasonable insurance and indemnification requirements.(3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.(4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.(b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39058.In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 60 | 43 | ||
| 61 | 44 | The people of the State of California do enact as follows: | |
| 62 | 45 | ||
| 63 | 46 | ## The people of the State of California do enact as follows: | |
| 64 | 47 | ||
| 65 | - | SECTION 1. | |
| 48 | + | SECTION 1. Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:DIVISION 16.8. Local Regulation of Motorized Scooters39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39057.(a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:(1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.(2)Reasonable insurance and indemnification requirements.(3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.(4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.(b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39058.In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 66 | 49 | ||
| 67 | - | SECTION 1. | |
| 50 | + | SECTION 1. Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read: | |
| 68 | 51 | ||
| 69 | 52 | ### SECTION 1. | |
| 70 | 53 | ||
| 71 | - | Article | |
| 54 | + | DIVISION 16.8. Local Regulation of Motorized Scooters39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39057.(a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:(1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.(2)Reasonable insurance and indemnification requirements.(3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.(4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.(b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39058.In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 72 | 55 | ||
| 73 | - | Article | |
| 56 | + | DIVISION 16.8. Local Regulation of Motorized Scooters39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device.39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.39057.(a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to:(1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction.(2)Reasonable insurance and indemnification requirements.(3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs.(4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits.(b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39058.In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters.39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction.39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 74 | 57 | ||
| 75 | - | ||
| 58 | + | DIVISION 16.8. Local Regulation of Motorized Scooters | |
| 76 | 59 | ||
| 77 | - | ||
| 60 | + | DIVISION 16.8. Local Regulation of Motorized Scooters | |
| 78 | 61 | ||
| 79 | - | ||
| 62 | + | 39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division. | |
| 80 | 63 | ||
| 81 | 64 | ||
| 82 | 65 | ||
| 83 | - | ||
| 66 | + | 39050. The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division. | |
| 84 | 67 | ||
| 85 | - | ( | |
| 68 | + | 39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise:(a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip.(b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria:(1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain.(2) Has implemented business and security processes that specifically prohibit reidentification of the information. data.(3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data.(4) Makes no attempt to reidentify the information.(c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. (c)(d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform.(d)(e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.(e)(f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data.(f)(g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 86 | 69 | ||
| 87 | - | (c) A peace officer, local authority, or agent thereof may relocate an illegally parked micromobility device to a properly parked location. | |
| 88 | 70 | ||
| 89 | - | (d) A peace officer, local authority, or agent thereof may remove a micromobility device to a storage facility in the same manner as a vehicle pursuant to Article 1 (commencing with Section 22650) and Article 2 (commencing with 22850) if relocation pursuant to subdivision (c) is impracticable. The provisions of Section 22650 apply to any removal under this paragraph. | |
| 90 | 71 | ||
| 91 | - | ||
| 72 | + | 39051. For the purposes of this division, the following definitions apply, unless the context requires otherwise: | |
| 92 | 73 | ||
| 93 | - | ||
| 74 | + | (a) Aggregate Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip. | |
| 94 | 75 | ||
| 95 | - | ||
| 76 | + | (b) Deidentified Deidentified data means information data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, user, provided that an entity that uses deidentified information data meets all of the following criteria: | |
| 96 | 77 | ||
| 97 | - | ||
| 78 | + | (1) Has implemented technical safeguards that prohibit reidentification of the consumer user to whom the information data may pertain. | |
| 98 | 79 | ||
| 99 | - | ### SEC. 2. | |
| 80 | + | (2) Has implemented business and security processes that specifically prohibit reidentification of the information. data. | |
| 81 | + | ||
| 82 | + | (3) Has implemented business and security processes to prevent inadvertent release of deidentified information. data. | |
| 83 | + | ||
| 84 | + | (4) Makes no attempt to reidentify the information. | |
| 85 | + | ||
| 86 | + | (c) Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. | |
| 87 | + | ||
| 88 | + | (c) | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (d) Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform. | |
| 93 | + | ||
| 94 | + | (d) | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (e) Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. | |
| 99 | + | ||
| 100 | + | (e) | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (f) Trip data means deidentified and aggregated data elements related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data. | |
| 105 | + | ||
| 106 | + | (f) | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (g) Individual trip data means data elements related to trips taken by users a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data is are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and is are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 111 | + | ||
| 112 | + | 39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | 39052. All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of five ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device. | |
| 117 | + | ||
| 118 | + | 39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | 39056. A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device. device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (a)In regulating shared mobility devices and providers, a local authority shall not impose any unduly restrictive requirements that have the effect of prohibiting the operation of all shared mobility providers in its jurisdiction. A local authority may require a shared mobility provider, as a condition for operating a shared mobility device fleet, to deploy shared devices in accordance with the following requirements, including, but not limited to: | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (1)Fleet caps that reasonably limit the number of shared mobility devices permitted to operate within its jurisdiction. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (2)Reasonable insurance and indemnification requirements. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (3)Required or incentivized deployment in specific regions of the local authoritys jurisdiction, based on factors including, but not limited to, economic indicators, in order to ensure equitable access to shared mobility devices, provided that the local authority correspondingly reduces or eliminates associated fees and costs. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (4)Limits on maximum device speed, provided that these limits on roads and bicycle lanes are not below applicable statewide speed limits. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (b)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction. | |
| 100 | 147 | ||
| 101 | 148 | ||
| 102 | 149 | ||
| 103 | 150 | ||
| 104 | 151 | ||
| 105 | - | ||
| 106 | - | ||
| 107 | - | The Legislature finds and declares that a basic level of statewide standards for local regulation of shared mobility devices encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division. | |
| 152 | + | In regulating shared mobility devices and providers, a local authority shall not subject the users of shared mobility devices to requirements more restrictive than those applicable to users of personally owned similar transportation devices, including, but not limited to, personally owned electric bicycles and electric scooters. | |
| 108 | 153 | ||
| 109 | 154 | ||
| 110 | 155 | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | For the purposes of this division, the following definitions apply, unless the context requires otherwise: | |
| 156 | + | 39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following:(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 authoritys jurisdiction.(b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment.(c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction. | |
| 114 | 157 | ||
| 115 | 158 | ||
| 116 | 159 | ||
| 117 | - | (a)Aggregated data means data that relates to a group of trips, from which the start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip. | |
| 160 | + | 39057. (a) A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following: | |
| 161 | + | ||
| 162 | + | (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. | |
| 163 | + | ||
| 164 | + | (2) Adoption of operation, parking, maintenance, and safety rules regarding the use of shared mobility devices. | |
| 165 | + | ||
| 166 | + | (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 authoritys jurisdiction. | |
| 167 | + | ||
| 168 | + | (b) A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment. | |
| 169 | + | ||
| 170 | + | (c) The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction. | |
| 171 | + | ||
| 172 | + | 39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 118 | 173 | ||
| 119 | 174 | ||
| 120 | 175 | ||
| 121 | - | (b)Deidentified data means data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user, provided that an entity that uses deidentified data meets all of the following criteria: | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | (1)Has implemented technical safeguards that prohibit reidentification of the user to whom the data may pertain. | |
| 126 | - | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | (2)Has implemented business and security processes that specifically prohibit reidentification of the data. | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | (3)Has implemented business and security processes to prevent inadvertent release of deidentified data. | |
| 134 | - | ||
| 135 | - | ||
| 136 | - | ||
| 137 | - | (4)Makes no attempt to reidentify the information. | |
| 138 | - | ||
| 139 | - | ||
| 140 | - | ||
| 141 | - | (c)Operational data means data pertaining to the general status of a shared mobility device fleet including, but not limited to, the location of shared mobility devices that are not engaged by users, which devices are in use, the number of complaints received by a shared mobility device service provider, and fleet maintenance logs. | |
| 142 | - | ||
| 143 | - | ||
| 144 | - | ||
| 145 | - | (d)Shared mobility device means an electrically motorized board as defined in Section 313.5, a motorized scooter as defined in Section 407.5, an electric bicycle as defined in Section 312.5, a bicycle as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic digital platform. | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | ||
| 149 | - | (e)Shared mobility device service provider or provider means a person or entity, other than a government entity, that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. | |
| 150 | - | ||
| 151 | - | ||
| 152 | - | ||
| 153 | - | (f)Trip data means deidentified and aggregated data related to trips taken by users of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data. | |
| 154 | - | ||
| 155 | - | ||
| 156 | - | ||
| 157 | - | (g)Individual trip data means data related to a trip taken by a user of a shared mobility device including, but not limited to, Global Positioning System, time stamp, or route data that are not deidentified and aggregated. Individual trip data are electronic device information as defined in subdivision (g) of Section 1546 of the Penal Code and are subject to the protections established in Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 158 | - | ||
| 159 | - | ||
| 160 | - | ||
| 161 | - | ||
| 162 | - | ||
| 163 | - | All shared mobility devices operated in the state shall include a single unique alphanumeric ID assigned by the provider that is visible from a distance of ten feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared mobility device. | |
| 164 | - | ||
| 165 | - | ||
| 166 | - | ||
| 167 | - | ||
| 168 | - | ||
| 169 | - | A local authority may require a shared mobility device provider, including as a condition for operating a shared mobility device program, to provide to the local authority trip data for all trips in which any part occurs within the jurisdiction of the local authority on any shared mobility device and to provide the local authority with operational data for any shared mobility devices within the jurisdiction of the local authority. Individual trip data shall not be shared with the local authority, except as provided by Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. | |
| 170 | - | ||
| 171 | - | ||
| 172 | - | ||
| 173 | - | ||
| 174 | - | ||
| 175 | - | (a)A local authority may enact reasonable regulations on shared mobility devices and providers within its jurisdiction, including, but not limited to, the following: | |
| 176 | - | ||
| 177 | - | ||
| 178 | - | ||
| 179 | - | (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. | |
| 180 | - | ||
| 181 | - | ||
| 182 | - | ||
| 183 | - | (2)Adoption of operation, parking, maintenance, and safety rules regarding the use of shared mobility devices. | |
| 184 | - | ||
| 185 | - | ||
| 186 | - | ||
| 187 | - | (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 authoritys jurisdiction. | |
| 188 | - | ||
| 189 | - | ||
| 190 | - | ||
| 191 | - | (b)A local authority may, through ordinance, ban persons from deploying and offering for hire shared mobility devices on its public right of way. An ordinance described in this subdivision is subject to the requirements of state law, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, as having a significant effect on the environment. | |
| 192 | - | ||
| 193 | - | ||
| 194 | - | ||
| 195 | - | (c)The local authority may impose fees based on the reasonable and necessary costs incurred by the local authority as a result of administering shared mobility device programs within its jurisdiction. | |
| 196 | - | ||
| 197 | - | ||
| 198 | - | ||
| 199 | - | ||
| 200 | - | ||
| 201 | - | It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. | |
| 176 | + | 39060. It is the intent of the Legislature to promote and encourage the use of zero-emission shared mobility devices, which have been proven to be an environmentally sustainable replacement for automobile trips. In accordance with this policy, the Legislature finds and declares that uniformity in certain aspects of local regulation of shared mobility devices is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of shared mobility devices and providers address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties. |