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The people of the State of California do enact as follows:
SECTION 1. All of the following are the intent of the
Legislature:
(a) To prioritize public safety, job security, and infrastructure
needs in the development and deployment of autonomous vehicles
on California roads.
(b) To ensure that public policy adapts to rapid advancements
in autonomous vehicle technology.
(c) To revisit and amend applicable laws as necessary to reflect
advancements that address threats to public safety and jobs.
SEC. 2. Section 38750 of the Vehicle Code is amended to read:
38750. (a) For purposes of this division, the following
definitions apply:
(1) “Autonomous technology” means technology that has the
capability to drive a vehicle without the active physical control or
monitoring by a human operator.
(2) (A) “Autonomous vehicle” means any vehicle equipped
with autonomous technology that has been integrated into that
vehicle that meets the definition of Level 3, Level 4, or Level 5 of
SAE International’s “Taxonomy and Definitions for Terms Related
to Driving Automation Systems for On-Road Motor Vehicles,
standard J3016 (APR2021),” as may be revised.
(B) An autonomous vehicle does not include a vehicle that is
equipped with one or more collision avoidance systems, including,
but not limited to, electronic blind spot assistance, automated
emergency braking systems, park assist, adaptive cruise control,
lane keep assist, lane departure warning, traffic jam and queuing
assist, or other similar systems that enhance safety or provide driver
assistance, but are not capable, collectively or singularly, of driving
the vehicle without the active control or monitoring of a human
operator.
(3) “Department” means the Department of Motor Vehicles.
(4) An “operator” of an autonomous vehicle is the person who
is seated in the driver’s seat, or, if there is no person in the driver’s
seat, causes the autonomous technology to engage.
(5) A “manufacturer” of autonomous technology is the person,
as defined in Section 470, that originally manufactures a vehicle
and equips autonomous technology on the originally completed
vehicle or, in the case of a vehicle not originally equipped with
autonomous technology by the vehicle manufacturer, the person
that modifies the vehicle by installing autonomous technology to
convert it to an autonomous vehicle after the vehicle was originally
manufactured.
(b) An autonomous vehicle may be operated on public roads
for testing purposes by a driver who possesses the proper class of
license for the type of vehicle being operated if all of the following
requirements are met:
(1) The autonomous vehicle is being operated on roads in this
state solely by employees, contractors, or other persons designated
by the manufacturer of the autonomous technology.
(2) The driver shall be seated in the driver’s seat, monitoring
the safe operation of the autonomous vehicle, and capable of taking
over immediate manual control of the autonomous vehicle in the
event of an autonomous technology failure or other emergency.
(3) Prior to the start of testing in this state, the manufacturer
performing the testing shall obtain an instrument of insurance,
surety bond, or proof of self-insurance in the amount of five million
dollars ($5,000,000), and shall provide evidence of the insurance,
surety bond, or self-insurance to the department in the form and
manner required by the department pursuant to the regulations
adopted pursuant to subdivision (d).
(c) Except as provided in subdivision (b), an autonomous vehicle
shall not be operated on public roads until the manufacturer submits
an application to the department, and that application is approved
by the department pursuant to the regulations adopted pursuant to
subdivision (d). The application shall contain, at a minimum, all
of the following certifications:
(1) A certification by the manufacturer that the autonomous
technology satisfies all of the following requirements:
(A) The autonomous vehicle has a mechanism to engage and
disengage the autonomous technology that is easily accessible to
the operator
(B) The autonomous vehicle has a visual indicator inside the
cabin to indicate when the autonomous technology is engaged.
(C) The autonomous vehicle has a system to safely alert the
operator if an autonomous technology failure is detected while the
autonomous technology is engaged, and when an alert is given,
the system shall do either of the following:
(i) Require the operator to take control of the autonomous
vehicle.
(ii) If the operator does not or is unable to take control of the
autonomous vehicle, the autonomous vehicle shall be capable of
coming to a complete stop.
(D) The autonomous vehicle shall allow the operator to take
control in multiple manners, including, without limitation, through
the use of the brake, the accelerator pedal, or the steering wheel,
and it shall alert the operator that the autonomous technology has
been disengaged.
(E) The autonomous vehicle’s autonomous technology meets
Federal Motor Vehicle Safety Standards for the vehicle’s model
year and all other applicable safety standards and performance
requirements set forth in state and federal law and the regulations
promulgated pursuant to those laws.
(F) The autonomous technology does not make inoperative any
Federal Motor Vehicle Safety Standards for the vehicle’s model
year and all other applicable safety standards and performance
requirements set forth in state and federal law and the regulations
promulgated pursuant to those laws.
(G) The autonomous vehicle has a separate mechanism, in
addition to, and separate from, any other mechanism required by
law, to capture and store the autonomous technology sensor data
for at least 30 seconds before a collision occurs between the
autonomous vehicle and another vehicle, object, or natural person
while the vehicle is operating in autonomous mode. The
autonomous technology sensor data shall be captured and stored
in a read-only format by the mechanism so that the data is retained
until extracted from the mechanism by an external device capable
of downloading and storing the data. The data shall be preserved
for three years after the date of the collision.
(2) A certification that the manufacturer has tested the
autonomous technology on public roads and has complied with
the testing standards, if any, established by the department pursuant
to subdivision (d).
(3) A certification that the manufacturer will maintain, an
instrument of insurance, a surety bond, or proof of self-insurance
as specified in regulations adopted by the department pursuant to
subdivision (d), in an amount of five million dollars ($5,000,000).
(d) (1) As soon as practicable, but no later than January 1, 2015,
the department shall adopt regulations setting forth requirements
for the submission of evidence of insurance, surety bond, or
self-insurance required by subdivision (b), and the submission and
approval of an application to operate an autonomous vehicle
pursuant to subdivision (c).
(2) The regulations shall include any testing, equipment, and
performance standards, in addition to those established for purposes
of subdivision (b), that the department concludes are necessary to
ensure the safe operation of autonomous vehicles on public roads,
with or without the presence of a driver inside the vehicle. In
developing these regulations, the department may consult with the
Department of the California Highway Patrol, the Institute of
Transportation Studies at the University of California, or any other
entity identified by the department that has expertise in automotive
technology, automotive safety, and autonomous system design.
(3) The department may establish additional requirements by
the adoption of regulations, which it determines, in consultation
with the Department of the California Highway Patrol, are
necessary to ensure the safe operation of autonomous vehicles on
public roads, including, but not limited to, regulations regarding
the aggregate number of deployments of autonomous vehicles on
public roads, special rules for the registration of autonomous
vehicles, new license requirements for operators of autonomous
vehicles, and rules for revocation, suspension, or denial of any
license or any approval issued pursuant to this division.
(4) The department shall hold public hearings on the adoption
of any regulation applicable to the operation of an autonomous
vehicle without the presence of a driver inside the vehicle.
(e) (1) The department shall approve an application submitted
by a manufacturer pursuant to subdivision (c) if it finds that the
applicant has submitted all information and completed testing
necessary to satisfy the department that the autonomous vehicles
are safe to operate on public roads and the applicant has complied
with all requirements specified in the regulations adopted by the
department pursuant to subdivision (d).
(2) Notwithstanding paragraph (1), if the application seeks
approval for autonomous vehicles capable of operating without
the presence of a driver inside the vehicle, the department may
impose additional requirements it deems necessary to ensure the
safe operation of those vehicles, and may require the presence of
a driver in the driver’s seat of the vehicle if it determines, based
on its review pursuant to paragraph (1), that such a requirement is
necessary to ensure the safe operation of those vehicles on public
roads.
(3) (A) For autonomous vehicles with a gross vehicle weight
of 10,001 pounds or more, a manufacturer whose autonomous
vehicle is in any manner involved in a collision originating from
the operation of the autonomous vehicle on a public road that
resulted in the damage of property, bodily injury, or death while
operating under a valid testing permit shall report the collision to
the department, within 10 days of the collision, on a form specified
by the department.
(B) Subparagraph (A) does not relieve a person from compliance
with any other statutory or regulatory collision reporting
requirement.
(4) (A) For autonomous vehicles with a gross vehicle weight
of 10,001 pounds or more with a valid testing permit that authorizes
the vehicle to operate on public roads, a manufacturer shall submit
disengagement reports on an annual basis to the department.
(B) Disengagement reports shall summarize the circumstances
or conditions at the time of the disengagement, including all of the
following:
(i) The location of the disengagement on or in one of the
following:
(I) On an interstate.
(II) On a highway.
(III) On a rural road.
(IV) On a city street.
(V) In a parking facility.
(ii) Whether the vehicle was operating with or without a driver
at the time of the disengagement.
(iii) A description of the facts causing the disengagement,
including all of the following:
(I) Weather conditions.
(II) Road surface conditions.
(III) Traffic conditions.
(IV) Emergency conditions.
(V) Whether there was a collision.
(iv) The party that initiated the disengagement, including one
of the following:
(I) The autonomous technology.
(II) An autonomous vehicle test driver.
(III) A remote operator.
(IV) A passenger.
(C) The description shall be written in plain language with
enough detail that a nontechnical person can understand the
circumstances triggering the disengagement.
(5) For purposes of this subdivision, “disengagement” means a
deactivation of the autonomous mode when a failure of the
autonomous technology is detected or when the safe operation of
the vehicle requires that the autonomous vehicle test driver
disengage the autonomous mode and take immediate manual
control of the vehicle, or in the case of driverless vehicles, when
the safety of the vehicle, the occupants of the vehicle, or the public
requires that the autonomous technology be deactivated.
(f) The department shall post a public notice on its internet
website when it adopts the regulations required by subdivision (d).
The department shall not approve an application submitted pursuant
to the regulations until 30 days after the public notice is provided.
(g) Federal regulations promulgated by the National Highway
Traffic Safety Administration shall supersede the provisions of
this division when found to be in conflict with any other state law
or regulation.
(h) The manufacturer of the autonomous technology installed
on a vehicle shall provide a written disclosure to the purchaser of
an autonomous vehicle that describes what information is collected
by the autonomous technology equipped on the vehicle. The
department may promulgate regulations to assess a fee upon a
manufacturer that submits an application pursuant to subdivision
(c) to operate autonomous vehicles on public roads in an amount
necessary to recover all costs reasonably incurred by the
department.
(i) (1) Commencing January 1, 2030, to the extent authorized
by federal law, any autonomous vehicle with a model year of 2031
or later and a gross vehicle weight rating of less than 8,501 pounds
shall only be operated pursuant to a deployment permit pursuant
to Article 3.8 (commencing with Section 228.00) of Chapter 1 of
Division 1 of Title 13 of the California Code of Regulations if the
vehicle is a zero-emission vehicle, as defined in Section 44258 of
the Health and Safety Code.
(2) The department shall not commence rulemaking for the
adoption of regulations implementing this subdivision before
January 1, 2027.
SEC. 3. Section 38751 is added to the Vehicle Code, to read:
38751. (a) An autonomous vehicle with a gross vehicle weight
of 10,001 pounds or more shall not be operated on public roads
for testing purposes, transporting goods, or transporting passengers
without a human safety operator physically present in the
autonomous vehicle at the time of operation.
(b) For purposes of this section, the following terms have the
following meanings:
(1) “Autonomous vehicle” has the same meaning as defined in
Section 38750.
(2) “Human safety operator” means a person operating an
autonomous vehicle or vehicle equipped with autonomous
technology who is trained in operating and shutting off the vehicle.
A human safety operator shall meet all federal and state
qualifications for the type of vehicle being operated, whether in
automated or nonautomated mode.
SEC. 4. Section 38752 is added to the Vehicle Code, to read:
38752. (a) By January 1, 2029, or five years after
commencement of testing, whichever occurs later, and upon
appropriation by the Legislature, the Department of Motor Vehicles
shall submit a report to the appropriate policy and fiscal committees
of the Legislature evaluating the performance of autonomous
vehicle technology and its impact on public safety and employment
in the transportation sector for autonomous vehicles with a gross
vehicle weight of 10,001 pounds or more. The report shall include
a summary of disengagements, crashes, and other information the
department believes is relevant. The report shall include a
recommendation on whether the Legislature should remove,
modify, or maintain the requirement for an autonomous vehicle
with a gross vehicle weight of 10,001 pounds or more to operate
with a human safety operator physically present in the vehicle.
While preparing the report, the Department of Motor Vehicles
shall do all of the following:
(1) Consult with the Department of the California Highway
Patrol on traffic impacts, driver and passenger safety risks, and
impacts on other motorists, bicyclists, and pedestrians.
(2) Consult with the Labor and Workforce Development Agency
on any job-related impacts, including worker displacement and
shortcomings in retraining opportunities.
(3) Consult with the Department of Transportation on
infrastructure impacts, deficiencies, and needs.
(4) Consult with the State Air Resources Board on how
autonomous vehicles with a gross vehicle weight of 10,001 pounds
or more impact the 2022 Scoping Plan for Achieving Carbon
Neutrality.
(5) Consult with independent experts on the performance of the
technology, public safety impacts, and any other relevant factors
in considering deployment.
(b) The Department of the California Highway Patrol, the Labor
and Workforce Development Agency, the Department of
Transportation, the State Air Resources Board, and all other
relevant state agencies shall provide additional information, as
specified by the Department of Motor Vehicles, as needed to
research the report required by this section.
(c) Upon issuance of the report described in subdivision (a), it
is the intent of the Legislature to conduct an oversight hearing to
assess the state of autonomous vehicle technology for vehicles
with a gross vehicle weight of 10,001 pounds or more.
(d) The Department of Motor Vehicles shall not issue a
deployment permit for use of autonomous vehicles with a gross
vehicle weight of 10,001 pounds or more without a human safety
operator earlier than one year after the oversight hearing described
in subdivision (c), and only after express authorization of the
Legislature and Governor.