HOUSE BILL NO. 403 "An Act relating to registration and operation of neighborhood electric vehicles." Representative Foster MOVED to ADOPT the work draft for HB 403, labeled 24-LS1229\I, Mischel/Luckhaupt, 3/31/06. There being NO OBJECTION, it was so ordered. IAN FISK, STAFF, REPRESENTATIVE BILL THOMAS, related that the bill is about low-speed vehicles. He explained that HB 403 was amended in the House State Affairs Committee to eliminate all references to electric vehicles in order to conform to federal law. Mr. Fisk referred to a handout that describes the vehicle (copy on file.) These vehicles are not golf carts. It is defined in federal law that they must have four wheels and be capable of a minimum speed of 20 mph, and a top speed of 25 mph. The National Highway Transportation Safety Administration requires equipment such as taillights, break lights, headlights, automotive quality windshield, turn signals, mirrors, parking breaks, and they must meet testing requirements. The federal regulations for these vehicles were developed in 1998 and they are now legal in 36 states. They offer fuel efficiency and zero emissions and are popular in retirement communities. DMV would like the authority, which this bill provides, to regulate this class of vehicle. Co-Chair Meyer asked about speed limitations. Mr. Fisk related that they can go no more than 25 mph. They cannot be used on a road where the posted speed limit is 35 mph or faster. They are limited to neighborhood roads, but permitted to cross roads with higher speed limits. Co-Chair Meyer asked how they operate in snow and ice. Mr. Fisk said he does not know. 10:05:10 AM Co-Chair Meyer stated that he tested electric vehicles in Fairbanks and they have limited experience in northern climates. He expressed support for this legislation. Representative Holm asked about the occasional use provision. Farm equipment can go on highways for occasional use. There are roads with varying speed limits. Under this law these vehicles could not be used on them. Mr. Fisk said that is correct. Representative Holm spoke of limited roads available for these vehicles in his neighborhood. He noted a provision that allows a municipality to modify the bill. 10:08:29 AM Co-Chair Chenault pointed out that they do not require a valid driver's license. Mr. Fisk said that is corrected in Section 5 of the bill, subject to all laws. Co-Chair Chenault asked if there are any specific communities where these can be used. Mr. Fisk responded that Skagway has requested the use of this type of vehicle. Representative Weyhrauch pointed out that the word "electric" does not appear anywhere in the bill. Mr. Fisk said that federal regulation terms them "low-speed vehicles". Representative Weyhrauch wondered why, in subsection (e) on page 1, the wording "or by this state" is needed. Fisk said that was not caught in previous hearings. 10:12:22 AM Representative Kelly asked about line 13-14 on page 3, "may further restrict". He wondered if a community could allow for less restriction. Mr. Fisk responded that a community could not supersede the maximum speed limit of 35 mph. They could restrict where they can be used. He suggested using "modify" instead of "restrict". He asked what would prevent these vehicles from being used now. Mr. Fisk said DMV wants to clearly allow this new category of car. Representative Kelly noted that a reason for not including the word "electric" is because there are many power types. He asked what is stopping people from using this car now. Mr. Fisk deferred to Mr. Bannock at DMV. 10:14:58 AM Representative Hawker related that this bill, as it is constructed, would empower municipalities to regulate these vehicles. He wondered if the sponsor had contemplated making the municipalities "opt in". Mr. Fisk replied that the opposite approach was taken. Representative Hawker stated that he preferred to let decisions be made locally, rather than state mandated. He asked the sponsor to consider that idea. Representative Hawker suggested that in Section 1, "or" should be "and". Representative Hawker suggested adding a subparagraph (e) to AS 28.10.041, grounds for refusing registration, and a list of many reasons why registration could be refused. He provided examples such as: the application contains a false statement, the applicant does not give the information, the applicant is not entitled to the issuance of a certificate of title, and the vehicle is determined to be mechanically unsafe. Also added would be a blanket statement that DMV may not refuse to register a low-speed vehicle that meets the requirements of a passenger vehicle, the safety and equipment requirements of a passenger vehicle, and it has to meet federal motor vehicle safety standards. He suggested that these requirements would override the rest of the prohibitions. Mr. Fisk responded that there are federal safety elements in the statute. He said that the sponsor would have no problem changing "or" to "and". 10:19:35 AM Representative Hawker concurred that safety is considered in the bill, but not the other elements. MICHAEL CATSI, EXECUTIVE DIRECTOR, SKAGWAY DEVELOPMENT CENTER, SKAGWAY, emphasized that these vehicles provide an alternative transportation that is cheaper for short runs. He requested the opportunity for people to own these vehicles. They go 25 miles on a single charge and have easy maintenance. Each municipality should be allowed to decide on restrictions, but not ban them outright. 10:23:35 AM DUANE BANNOCK, DIRECTOR, DIVISION OF MOTOR VEHICLES (DMV), DEPARTMENT OF ADMINISTRATION, testified that DMV supports the addition of Neighborhood Electric Vehicle (NEV's) or low-speed vehicle (LSV's), a different class of vehicle. There is language in the Manufacturer's Statement of Origin (MSO) that gives direction to DMV and states conformity to federal regulation. NEV's have an MSO that states that this low-speed vehicle conforms to federal regulation under Title 49. He explained the title process. He addressed Section 3. 10:27:23 AM Representative Kelly summarized that Alaskans are currently prevented from driving these vehicles. He asked if other states license these vehicles as passenger vehicles. Mr. Bannock replied that only one state does not have specific language regarding them. Representative Weyhrauch spoke to the issue of conforming to federal standards. He noted that Representative Hawker's concern was about state supremacy. He asked for clarification of line 6 on page 1. Mr. Bannock said Section 1 is not DMV's. He opined that issues of safety are addressed in the federal definition of low-speed vehicle. Representative Weyhrauch summarized that it is complying with federal standards. Mr. Bannock said yes. Representative Weyhrauch asked if the wording should say "by federal motor vehicle safety standards". Mr. Bannock agreed. 10:30:30 AM Representative Weyhrauch asked if the vehicle should be limited to "electric" motor vehicle. Mr. Bannock suggested that "electric" be struck because the name is not appropriate. "Other powered" vehicles are available. Representative Weyhrauch asked if it is the sponsor's intent to limit it to electric vehicle. Mr. Fisk said no. Mr. Bannock said that there are other vehicles that are electric, such as hybrids, which are not low-speed vehicles. 10:32:40 AM Representative Hawker asked about the definition of a low- speed vehicle and the 4-wheel restriction. Mr. Bannock agreed that there are other-wheeled vehicles and they would not meet the definition of a low speed vehicle. Co-Chair Meyer suggested that a new CS be written to include today's suggestions. HB 403 was heard and held in Committee for further consideration.