HomeMy WebLinkAboutConsider Position on Legislation Pending Before the State Le (2) •;,;ta5ir��,; '> 2000 Main Street,
Huntington Beach,CA
9
f 2648City of Huntington Beach APPROVED 7-0
•
AS AMENDED BY
SUPPLEMENTAL
COMMUNICATION
File#: 24-180 MEETING DATE: 3/19/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
Consider position on legislation pending before the State Legislature, as recommended by
the Intergovernmental Relations Committee (IRC)
•
Statement of Issue:
On February 21, 2024, the Intergovernmental Relations Committee (IRC) comprised of _Mayor.
Gracey Van Der Mark and Mayor Pro Tern Pat Burns (with Council Member Tony Strickland absent);
discussed legislative items with relevance to Huntington Beach. Following discussion, the IRC chose
to take positions on various State bills, which are presented to the City Council for consideration.
Financial Impact:
Not applicable
Recommended Action:
A) SUPPORT.AB 1999 (Irwin) Electricity: fixed charges, and send a letter of support.
B) Receive and file letters of support for AB 1773 (Dixon) e-bikes and AB 1174 (Dixon) e-bikes.
Alternative Action(s):
Do not approve recommend action and direct staff accordingly.
Analysis:
AB 1999 (Irwin) Electricity: fixed charges
This measure would overturn a provision of a state law passed in 2022 (AB 205) requiring the CPUC
to authorize a fixed charge for default residential rates of the State's largest utility providers and
requires these fixed charges to be established on an income-graduated basis so that low-income
ratepayers have lower average monthly bills without making any changes in usage. The bill would
also cap the fixed charge that CPUC.may authorize utility providers to charge customers for grid
City of Huntington Beach Page 1 of 3 Printed on 3/13/2024
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File #: 24-180 MEETING DATE: 3/19/2024
maintenance.
The income graduated fixed rates may perpetuate inequity and does not include proper
accountability for energy providers. The income graduated charges may even disincentivize solar
and energy conservation by other residential customers, impact overall system costs and efficiency,
and likely increase costs for middle- and high-income customers. Costs associated with the fixed
rates include climate driven costs such as burying power lines to reduce wildfire risks and building
out infrastructure for electrification and reduction of carbon-based electricity generation.
AB 1999 would repeal the provisions described in Public Utilities Code Section 739.9. The bill would
instead permit the Commission to authorize fixed charges that do not exceed $5 per residential
customer account per month for low-income customers enrolled in the California Alternate Rates for
Energy (CARE) program and that do not exceed $10 per residential customer account per month for
customers not enrolled in the CARE program. AB 1999 would authorize these maximum allowable
fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price
Index for the prior calendar year, beginning January 1, 2016.
Also, consistent with the 2024 Legislative Platform, two letters of support were issued regarding
public safety: Support legislation that clarifies the public safety strategy for e-bikes and e-bike riders.
AB 1773 (Dixon) Vehicles: electric bicycles
Existing law prohibits the use of a motorized bicycle on a bicycle path or trail, bikeway, bicycle lane,
equestrian trial, or hiking or recreational trail, unless the governing body permits the operation.
Existing law also authorizes a local public agency to prohibit the use of an electric bicycle on an
equestrian trial, hiking, or recreational trail. AB 1773 clarifies that a boardwalk is included in the
definition of recreational trail. Additionally, the bill would impose a fine, not to exceed $35, against a
person convicted of an infraction for a violation of an ordinance prohibiting or regulating electric
bicycles on recreational trails.
AB 1774 (Dixon) Vehicles: electric bicycles
AB 1774 would prohibit the sale of any device that can modify the speed capability of an e-bike.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
City of Huntington Beach Page 2 of 3 Printed on 3/13/2024
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File #: 24-180 MEETING DATE: 3/19/2024
1. AB 1999- Draft Letter of Support
2. AB 1773 and AB 1774- Letters of Support
City of Huntington Beach Page 3 of 3 Printed on 3/13/2024
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City Council/ ACTION AGENDA March 19, 2024
Public Financing Authority
Recommended Action:
Receive and File.
Approved 7-0 as amended by Councilmember Moser to insert a note in the Community
and Library Services Commission Park Naming Memorials Committee February 7
summary that documents a request from multiple commissioners for a staff presentation
of current activity related to library reorganization at their next meeting.
City Manaaer
13. 24-180 Took positions on legislation pending before the State Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
Recommended Action:
A) SUPPORT AB 1999 (Irwin) Electricity: fixed charges, and send a letter of support.
Approved 7-0
B) Receive and file letters of support for AB 1773 (Dixon) e-bikes and AB 1774
(Dixon) e-bikes. Approved 7-0 as amended by Supplemental Communication
Community and Library Services
14. 24-188 Approved and executed a three-year Professional Services Contract
between the City of Huntington Beach and PSQ Productions for
production and management service of the annual Independence Day
Celebration
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and PSQ Productions for Production and Management
Service of the Annual Independence Day Parade."
Approved 7-0
15. 24-194 Adopted Resolution No. 2024-08 revising and restating Resolution No.
2016-01 related to implementing Charter Section 805 and Municipal Code
Chapter 5.90 regarding the number of permits issued for Safe and Sane
Fireworks from fifteen (15)to sixteen (16)
Recommended Action:
Adopt Resolution No. 2024-08, "A Resolution of the City Council of the City of Huntington
Beach revising and restating Resolution No. 2016-01 related to implementing Charter
Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks."
Approved 7-0
Human Resources
16. 24-160 ITEM WITHDRAWN
-5-
�'/,,� j'° "� CITY OF HUNTINGTON BEACH4y
�` 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
9 tq
ayc w Fob
'{s° TY�,,,� GRACEY VAN DER MARK
MAYOR
March 11, 2024
Honorable Cottie Petrie-Norris
Assembly Utilities and Energy Committee
1020 0 Street, Rm 408A
Sacramento, CA 95814
f :
Re: AB 1999 (Irwin)—Support
Dear Chair Petrie-Norris:
The Cityof Huntington Beach writes to express sup ort for Assemblye Bill 1999, as introduced on
9 P ,.. PP.
January 30, 2024. This measure would overturn a-provision of a state law passed in 2022 (AB
205) that orders the California Public Utilities Commission (CPUC) to'study and institute an
"income-graduated fixed charge" for customers;of�the State's largest utility,providers. The bill
would also cap the fixed charge that CPUC may authorize utility providers`to charge customers
for grid maintenance.
Based on significant feedback from residents of the City of Huntington Beach, we object to the
current income graduated fixed charge which: perpetuates'inequity and does not include the
proper accountability measures for energy providers to their customers in California. Our
residents and businesses use energy wisely, invest in alternative,energy resources and are
attentive to the growing cost of living in the State:Income graduated fixed charges are in addition
to the extraordinary rate hikes already approved by the CPUC'and imposed on our residents.
Repealing the_existing income based fixed.chargtes through AB 1999 allows our residents to better
respond,to-the increasing cost of living. It-also vholds the CPUC and utility providers more
accountable•to daylighting their.costs and effortsAd-hardening and repairing the electricity grid
and responding appropriately and fairly to customers' needs.
For these reasons, the City of Huntington Beach supports AB 1999 and respectfully requests an
"aye"vote on'the measure.
Sincerely, �` i, �t
4,
Mayor Gracey Van Der Mark
cc: Honorable Assembly member Jacqui Irwin
Members, Assembly Energy and Utilities Committee
Laura Shybut, Chief Consultant, Assembly Energy and Utilities Committee
Office: 714.536.5553
91
adie1;947.era,
ll� LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 11
AB-1999 Electricity: fixed charges. (2023-2024)
SHARE THIS: ® Date Published:01/30/2024 09:00 PM
CORRECTED JANUARY 31, 2024
CALIFORNIA LEGISLATURE—2023-2024 REGULAR SESSION
ASSEMBLY BILL NO. 1999
Introduced by Assembly Members Irwin, Addis, Berman, Connolly, Muratsuchi, Papan,
Pellerin, Quirk-Silva, Ting, Ward, and Weber
(Principal coauthor: Assembly Member Bauer-Kahan)
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Boerner, Bonta, Friedman, Lee, Low, and Maienschein)
(Coauthor: Senator Blakespear)
January 30, 2024
An act to amend Section 739.9 of the Public Utilities Code, relating to electricity.
LEGISLATIVE COUNSEL'S DIGEST
AB 1999, as introduced, Irwin. Electricity: fixed charges.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including
electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges,
as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to
residential customers.
Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential
customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge
for default residential rates. Existing law requires these fixed charges to be established on an income-graduated
basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would
realize a lower average monthly bill without making any changes in usage.
This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the
commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer
account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE)
program and that do not exceed $10 per residential customer account per month for customers not enrolled in
the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more
92
than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January
1, 2016.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or
requirement of the commission is a crime.
Because certain provisions of this bill would be a part of the act and therefore a violation of the bill's
requirements or of a commission action implementing its requirements would be a crime, the 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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 739.9 of the Public Utilities Code is amended to read:
739.9. (a) "Fixed charge" means any fixed customer charge, basic service fee, demand differentiated basic
service fee, demand charge, or other charge not based on the volume of electricity consumed.
(b) Increases to electrical rates and charges in rate design proceedings, including any reduction in the California
Alternate Rates for Energy (CARE) program discount, shall be reasonable and subject to a reasonable phase-in
schedule relative to the rates and charges in effect before January 1, 2014.
(c) Consistent with the requirements of Section 739, the commission may modify the seasonal definitions and
applicable percentage of average consumption for one or more climatic zones.
(d) The commission may adopt new, or expand existing, fixed charges for the purpose of collecting a reasonable
portion of the fixed costs of providing electrical service to residential customers. The commission shall ensure
that any approved charges do all of the following:
(1) Reasonably reflect an appropriate portion of the different costs of serving small and large customers.
(2) Not unreasonably impair incentives for conservation, energy efficiency, and beneficial electrification and
greenhouse gas emissions reduction.
(3) Are set at levels that do not overburden low-income customers.
rate schedule applicable to a residential customer account. The fixcd charge shall be established on an income
graduated basis with no fewcr than three income thresholds so that a low incomc ratepayer in each baseline
,
charge than high income customers.
(e) For purposes of this section and Section 739.1, the commission may, beginning January 1, 2015, authorize
fixed charges that do not exceed ten dollars ($10)per residential customer account per month for customers not
enrolled in the CARE program and five dollars ($5) per residential customer account per month for customers
enrolled in the CARE program. Beginning January 1, 2016, the maximum allowable fixed charge may be adjusted
by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year. This
subdivision applies to any default rate schedule, at least one optional tiered rate schedule, and at least one
optional time-variant rate schedule.
(f) Notwithstanding the requirements of subdivision (d) of Section 739 and Section 739.7, the commission shall
not apply the composite tier method to the treatment of any revenues resulting from any fixed charge adopted
pursuant to this section.
93
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the California Constitution.
CORRECTIONS:
Heading—Lines 4 and 7.
94
x � CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH; CALIFORNIA 92648-2702
�ic�Utf NG �
GRACEY VAN DER MARK
MAYOR
March 8, 2024
The Honorable Lori Wilson
Chair, Assembly Transportation Committee
California State Assembly
1021 0 Street
Sacramento, CA 95814
RE: AB 1773 (Dixon) —SUPPORT
Dear Chair Wilson,
The City of Huntington Beach writes to express our support of Assembly Bill 1773, by
Assembly Member Dixon, which restores local authority to regulate the use of bicycles
and electric bicycles (E-Bikes) on public boardwalks.
The public boardwalks in Huntington Beach is one of the attributes that makes our city a
destination spot for many tourists, and we take great pride in making them safe: The
popularity of E-bikes has created numerous public safety issues, due to the high speed
of travel and inexperienced riders.
AB 1773 adds public boardwalk to the existing definition of recreational trail which clarifies
our City's ability to make our boardwalk safe for those who ride E-bikes and pedestrians.
For these reasons, the City of Huntington Beach supports AB 1..773 and requests your
Aye vote when it comes before your committee.
Sincerely,
Cc: Members, Assembly Transportation Committee
The Honorable Diane Dixon
fax 714.536.5233 Page 1 of 1 Office:714.536.5553
95
S
,���N c,!,,-G�O��, CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
c-sorfrrn to-,*
��,,'` GRACEY VAN DER MARK,
MAYOR
March 8, 2024
The.Honorable Lori Wilson
Chair, Assembly Transportation,Committee
California State Assembly
1021 0.Street
Sacramento, CA 95814
RE: AB 1774 (Dixon) — SUPPORT '
Dear Chair Willson,.
The City of Huntington Beach writes to express its support for Assembly Bill 1774,
authored by Assembly Member Dixon, which will prohibit the sale of a product or device
that modifies the speed ability of an electric bicycle.
California law caps the top speed of an electric bike at 28 miles per hour. E-bikes are
exempt from driver's licenses and license plate requirements.
Unfortunately, modifications that increase the maximum speed of electric bikes are easy
to purchase and install. Increasing the maximum speed creates serious safety issues on.
our local streets, sidewalks and public areas.
AB 1774 is necessary to allow local governments to maintain safety where electric bikes
are used.
•
For these reasons, the City of Huntington Beach requests your support for AB 1774 when
it comes before your committee.
Sincerely,
Cc: Members, Assembly Transportation Committee
The Honorable Diane Dixon
Fax 714.536.5233 Page 1 of 1 Office:714,536.5553
96
eajizt crb.
LEGISLATIVE INFORMATION
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AB-1773 Vehicles: electric bicycles. (2023-2024)
SHARE THIS: Date Published:02/22/2024 09:00 PM
AMENDED IN ASSEMBLY FEBRUARY 22, 2024
CALIFORNIA LEGISLATURE—2023-2024 REGULAR SESSION
ASSEMBLY BILL NO. 1773
Introduced by Assembly Member Dixon
January 03, 2024
. An act to amend Section
21207.5 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1773, as amended, Dixon. Vehicles: electric bicycles.
Existing law prohibits the use of a motorized bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian
trial, or hiking or recreational trail, as specified, unless the governing body of a local public agency, which has
jurisdiction over the path or trail, permits the operation. Existing law authorizes a governing body of a local
public agency, which has jurisdiction over the path or trail, to prohibit the use of an electric bicycle on an
equestrian trial, or hiking or recreational trail. A violation of the Vehicle Code is a crime and a person convicted
of an infraction for a violation of either the Vehicle Code or a local ordinance adopted pursuant to the code is
subject to a specified fine schedule, except as otherwise provided.
This bill would clarify that a recreational trail for these purposes includes a boardwalk, as defined, regardless of
whether the facility also provides bicycle access. Notwithstanding specified law, the bill would impose a fine, not
to exceed$35, against a person convicted of an infraction for a violation of an ordinance prohibiting or regulating
electric bicycles on recreational trails. By expanding the scope of 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 authorizes a local authority to adopt rules and regulations by ordinance or resolution-regarding the
97
This bill would additionally authorize a local authority to adopt rules and regulations by ordinance or resolutiorr
regarding the operation of bicycles on boardwalks.
Vote: majority Appropriation: no Fiscal Committee: rreyes Local Program: rreyes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21207.5 of the Vehicle Code is amended to read:
21207.5. (a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle shall
not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207,
equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local
authority or the governing body of a public agency having jurisdiction over the path or trail permits, by
ordinance, that operation.
(b) The local authority or governing body of a public agency having jurisdiction over an equestrian trail, or hiking
or recreational trail, may prohibit, prohibit or regulate, by ordinance, the operation of an electric bicycle or any
class of electric bicycle on that trail.
(c) The Department of Parks and Recreation may prohibit the operation of an electric bicycle or any class of
electric bicycle on any bicycle path or trail within the department's jurisdiction.
(d) (1) For purposes of this section, a "recreational trail"includes a boardwalk, regardless of whether the facility
also provides bicycle access.
(2) For purposes of this section, a "boardwalk"means a walkway adjacent to an ocean beach that is no more
than three miles in length and provides pedestrian access to beach recreational areas.
(3) Notwithstanding Section 42001, if a local authority enacts an ordinance pursuant to subdivision (b) that
applies specifically to electric bicycles on a boardwalk, and not to bicycles propelled exclusively by human
power, a person convicted of an infraction for a violation of that ordinance shall be punished by a fine not
exceeding thirty-five dollars ($35).
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 21100 of the Vehicle Code is amcnded to read:
21100.Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following
matterst
(a)Regulating or prohibiting a procession or assemblage on the highways.
(b)Licensing and regulating the operation of vehicles for hire and drivers of passenger vchicics for hire.
-(c)Regulating traffic by means of traffic officers.
(d)Regulating traffic by means of official traffic control devices mecting the requirements of Scction 21400. ,
(e)(1)Regulating traffic by means of a person given temporary or permancnt appointment for that duty by thc
accident or disaster, or at a location that may require traffic direction for orderly traffic flow.
to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic
jaws within.the,area in which the person is to perform the duty, for review, a proposed program of instruction for
the training of a person for that duty and unlcss and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a
proposed program if they reasonably determine that the program will provide sufficient training for persons
assigncd to perform thc duty describcd in this subdivision.
(f)Regulating traffic at the site of road or street construction or maintenance by a person authorizcd for that duty
98
by the local authority.
business or employment is within the jurisdiction of the local authority, excepting the operation and operators of
any auto dismantlers' tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing
agency licensed undcr Chapter 11 (commencing with Scction 7500) of Division 3 of the Business and Professions
Code and its registered employees.
(2)The Legislature finds that the safety and welfare of the general public is promoted by permitting local.
training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to
violent confrontation, stranding motorists in dangerous situations, impcding the expedited vehicle recovery, and
wasting state and local law enforcement's limited resources.
(3)This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
persons 50 years of age or older, on public sidewalks and boardwalks.
(i)Providing for the appointment of nonstudcnt school crossing guards for thc protection of persons who arc
crossing a strcct or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j)Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local
authority or by any person authorized by thc local authority.
described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to
the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with
Section 22C50).
penalties, and misdemeanor criminal penalties for a violation of the ordinance or resolution. The ordinance or
resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a
Mtn ied-ii reefiui ,
(1)A valid California driver's license.
(2)Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists
or an equivalent organization as detcrmined by the local authority.
(3)A valid California identification card and proof of successful completion of the written portion of the California
successfully completed an application for a California identification card. If thc person achieves a passing scorc
on the examination, the department shall issue a certificate of successful completion of the examination bearing
of-the required examination administered as part of any subsequent application for a driver's license. The
department is not required to enter the results of the examination into the computerized record of the person's
identification card or otherwise retain a record of the examination or results.
,scs e -a-fitic7pcnait ,-assessment,er-fcc
provided in this code.
authority in Chapter 0 (commencing with Section 22500) of Division 11.
99
(o)(1)Regulating advertising signs on motor vehicles parked or left standing upon a public strcct. The ordinance
or resolution may establish a minimum distance that the advertising sign shall be moved after a specified timc
period.
(2)Paragraph (1) does not apply to any of the following:
vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length,
width, or height of the vehicle.
(a)If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a
{J)As used in paragraph (2), "permanently affixed" means any of the following:
{A)Painted directly on the body of a motor vehicle.
(B)Applied as a decal on the body of a motor vehicle.
{C)Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer,
as defined in Section G72, and licensed pursuant to Section 11701, in compliance with both state and federal law
or guidelines, for the express purpose of containing an advertising sign.
100
LEGISLATIVE INFORMATION
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AB-1774 Vehicles: electric bicycles. (2023-2024)
SHARE THIS: Date Published:01/03/2024 09:00 PM
CALIFORNIA LEGISLATURE—2023-2024 REGULAR SESSION
ASSEMBLY BILL NO. 1774
Introduced by Assembly Member Dixon
January 03, 2024
An act to amend Section 24016 of the Vehicle Code, relating to vehicles.
• LEGISLATIVE COUNSEL'S DIGEST
AB 1774, as introduced, Dixon. Vehicles: electric bicycles.
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of
less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing
requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to
change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification
required, as specified. A violation of the Vehicle Code is a crime.
This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the
definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify
the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.
Because the bill would prohibit a person from selling certain products, the violation of which would be a crime,
the 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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24016 of the Vehicle Code is amended to read:
24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:
101
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States
Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are
applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when
released or activated, will cause the electric motor to disengage or cease to function.
(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial
responsibility, driver's licenses, registration, and license plate requirements, and an electric bicycle is not a motor
vehicle.
(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing
requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1,
et seq.).
(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so
as to change the speed capability of the bicycle, unless he or she the bicycle continues to meet the definition of
an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label
indicating the classification required in subdivision (c) of Section 312.5.
(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such
that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the California Constitution.
•
102
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
March 14, 2024
The Mayoress of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Madam Mayoress,
I would like to express my support for Item=B.
Sincerely Yours,
Mr.Amory Hanson
CC:The Honorable Patrick Burns
CC:The Honorable Rhonda Bolton
CC:The Honorable Daniel Kalmick
CC:The Honorable Casey McKeon
CC:The Honorable Natalie Moser
CC:The Honorable Anthony Strickland
SUPPLEMENTAL
CO1 iUNtCAT ION
3/19/2024
Meeting Date:
13 (24-180)
Agenda Item No.;
//!ilt I rJ ,t
_ CITY OF HUNTINGTON BEACH
.:- :- .tea Memorandum to City Council
TO: City Council
FROM: Shannon Levin, Council Policy Analyst
CC: Eric G. Parra, Interim City Manager
Travis Hopkins, Assistant City Manager
DATE: March 14, 2024
SUBJECT: Supplemental Communication for Item 13 (Pending Legislation) on the
9/19/24 City Council Agenda
This memo is to clarify that Recommended Action B should replace the text AB 1174 with
AB 1774.
SUPPLEMENTAL
COMMUNICATION
3/19/2024
Meeting Date:
13 (24-180)
Agenda Rem No.;
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
..title
Consider position on legislation pending before the State Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
..body
Statement of Issue:
On February 21, 2024, the Intergovernmental Relations Committee (IRC) comprised of
Mayor Gracey Van Der Mark and Mayor Pro Tem Pat Burns (with Council Member Tony
Strickland absent), discussed legislative items with relevance to Huntington Beach.
Following discussion, the IRC chose to take positions on various State bills, which are
presented to the City Council for consideration.
Financial Impact:
Not applicable
Recommended Action:
..recommendation
A) SUPPORT AB 1999 (Irwin) Electricity: fixed charges, and send a letter of support.
B) Receive and file letters of support for AB 1773 (Dixon) e-bikes and AB 1774 (Dixon)
e-bikes.
Alternative Action(s):
Do not approve recommend action and direct staff accordingly.
Analysis:
AB 1999 (Irwin) Electricity: fixed charges
This measure would overturn a provision of a state law passed in 2022 (AB 205) requiring
the CPUC to authorize a fixed charge for default residential rates of the State's largest
utility providers and requires these fixed charges to be established on an income-
graduated basis so that low-income ratepayers have lower average monthly bills without
making any changes in usage. The bill would also cap the fixed charge that CPUC may
authorize utility providers to charge customers for grid maintenance.
The income graduated fixed rates may perpetuate inequity and does not include proper
accountability for energy providers. The income graduated charges may even
disincentivize solar and energy conservation by other residential customers, impact
overall system costs and efficiency, and likely increase costs for middle-and high-income
customers. Costs associated with the fixed rates include climate driven costs such as
burying power lines to reduce wildfire risks and building out infrastructure for electrification
and reduction of carbon-based electricity generation.
AB 1999 would repeal the provisions described in Public Utilities Code Section 739.9.
The bill would instead permit the Commission to authorize fixed charges that do not
exceed$5 per residential customer account per month for low-income customers enrolled
in the California Alternate Rates for Energy (CARE) program and that do not exceed $10
per residential customer account per month for customers not enrolled in the CARE
program. AB 1999 would authorize these maximum allowable fixed charges to be
adjusted by no more than the annual percentage increase in the Consumer Price Index
for the prior calendar year, beginning January 1, 2016.
Also, consistent with the 2024 Legislative Platform, two letters of support were issued
regarding public safety: Support legislation that clarifies the public safety strategy for e-
bikes and e-bike riders.
AB 1773 (Dixon) Vehicles: electric bicycles
Existing law prohibits the use of a motorized bicycle on a bicycle path or trail, bikeway,
bicycle lane, equestrian trial, or hiking or recreational trail, unless the governing body
permits the operation. Existing law also authorizes a local public agency to prohibit the
use of an electric bicycle on an equestrian trial, hiking, or recreational trail. AB 1773
clarifies that a boardwalk is included in the definition of recreational trail. Additionally, the
bill would impose a fine, not to exceed $35, against a person convicted of an infraction
for a violation of an ordinance prohibiting or regulating electric bicycles on recreational
trails.
AB 1774 (Dixon) Vehicles: electric bicycles
AB 1774 would prohibit the sale of any device that can modify the speed capability of an
e-bike.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. AB 1999- Draft Letter of Support
2. AB 1773 and AB 1774- Letters of Support
From: Fikes.Cathy
To: Agenda Alert
Subject: FW:City Council Meeting 3/19/2024
Date: Monday,March 18,2024 10:40:09 AM
SUPPLEMENTAL
COMMUNICATION
From: K Carroll <kcrissie7@gmail.com> 3/19/2024
Meeting
Sent:Sunday, March 17, 2024 12:46 PM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> 13 (24-180)
Subject:City Council Meeting 3/19/2024 Agenda Item No.;_.
Greetings Mayor Van Der Mark, Pro Tern Pat Burns, Councilmen McKeon and Strickland:
Congratulations on the very successful results of the A& B Charter Amendments in the most recent
elections! Thrilled to see the results! Thank you so much for bringing these items forward.You
truly mean it when you say you speak for the majority. And, Congratulations on being the popular
vote on County Central Committee 72nd Assembly District.The results represented all but two of my
votes. Most importantly, what my vote for Pat Burns for the County Central Committee.
Disappointed; but, darn close! You have to feel proud though Pat, especially as you said when you
first ran for council people were saying 'who is Pat Burns'.You have made a huge impact in such a
short period of time.
I would like to briefly relay my thoughts on the following for the upcoming meeting agenda items:
24-204:Council Liaison-SUPPORT.
24-180: AB1999 SUPPORT for all reasons outlined in communications shared.
24-197:Request for Proposals for managed Library Services. SUPPORT. However, strongly oppose
Michael Posey being anything close to involved in this. He was the one that initially proposed CCE
and ultimately deceived the residents. Along with many other detrimental outcomes of the council's
actions during his term. He never supported the majority of residents as well as continuously
attacked and clearly had a vendetta against Michael Gates.
24-209: Ordinance 4318- Parent Guardian Review Board. SUPPORT.Very comprehensive. I think we
all need to reflect on what got us here in the first place. Graphic sexual books (blow jobs, sexual
positions,cartoonish graphic sexual books being available to children and minors.These are
grooming tools.There was no oversight.We need parent involvement because the system in the
library did not work.
24-208:Withdrawal from League of California Cities. SUPPORT for all the reasons outlined in Casey
McKeon's Memo.
And,finally I would like to ask that the City Council maintain decorum in the Chambers. Each person
has an opportunity to talk. No one should be heckled or bullied. I know, first hand from attending
the meetings.What you see on You Tube or the City Channel does not show the intensity of what
you experience when attending the meeting in person. In person is much more amplified. It has
gotten out of hand and frankly, I do not feel safe attending these meetings in person because of the
mob hateful behavior and actions. I have seen others being verbally attacked while the meeting is
going on. Please, institute a no tolerance policy for this type of behavior and have anyone who
cannot adhere to the no tolerance policy or decorum policy removed.
As always, best regards and thank you for all you do.You truly are making HB better for all of the
majority.
Best regards,
Kris Carroll