State Issues Update

Date: March 5, 2019

As a service to AASA, HDMA, MERA  and  OESA members, MEMA contracts with Stateside to provide timely updates on key issues affecting parts suppliers on the state level. For brief summaries of state activity, see below. The StateLink portal is currently being updated and will be live for MEMA members in the coming weeks. For more in-depth information in the interim, including bill text and legislative outlook, please contact Catherine Boland.


Nevada AB 173 - Aftermarket Parts
Sponsor: Assemblymember Richard Carrillo (D)
Summary for 02/18/2019 Version:

This measure prohibits an insurer from requiring the use of aftermarket parts for repairing a vehicle.
This measure prohibits an insurer from requiring a body shop or garage use aftermarket parts to repair a motor vehicle that was manufactured less than 60 months before the date of the damage without consent of the owner to use aftermarket parts.

A body shop or garage must provide a written statement to the owner of the motor vehicle identifying each aftermarket part intended to be used in a repair and its origin, informing the owner in writing that any warranties applicable to the aftermarket part are provided by the manufacturer of the part and not the manufacturer of the motor vehicle, and obtain the written consent of the owner to use the aftermarket part.
2/18/2019 Version
Status:
02/18/2019: Introduced; referred to Assembly Committee on Commerce and Labor
12/10/2018: Prefiled
 
 
 
Vermont HB 352 - Emissions/Climate Change (All)
Sponsor: Representative Linda Sullivan (D)
Summary for 2/22/2019 Version:
This measure would require the State Treasurer to divest state funds from companies that devote more than 25% of their business to carbon-based fuel endeavors. This measure also establishes a carbon-free Vermont.
This measure would require the State Treasurer to divest state funds from companies that devote more than 25% of their business to exploring for, processing, producing, distributing or selling oil, petroleum, or energy energy soruces from the State Teachers' Retirement System of Vermont, the Vermont State Employees' Retirement System, and the Vermont Municipal Employees' Retirement System. 
This measure also places a charge of $5 per tonne on the carbon content of fuel applied to the sale in the state of each fuel by a distributor. The revenue from the charge will be placed within the Vermont Carbon-Free Investment Fund. The fund would award grants to individual homeowners to partially defray the costs of home  weatherization and investment in alternative heating systems and individuals or businesses to defray the cost of early investment in electric vehicle charging technologies.
2/22/2019 Version
Status:
02/22/2019: Introduced; referred to House Government Operations Committee
 
New York SB 4003 - Emissions/Climate Change (All)
Sponsor: Senator Kevin Parker (D)
Summary for 2/25/2019 Version:
This measure establishes a low carbon fuel standard to reduce greenhouse gas emissions from transportation sector.

This measure aims to reduce greenhouse gas emissions from the transportation sector by twenty percent by 2030. The low carbon fuel standard will apply to all providers of transportation fuels in New York, will be measured on a full fuels cycle basis and may be met through market-based methods by which providers exceeding the performance required by a low carbon fuel standard shall receive credits that may be applied to future obligations or traded to providers not meeting the low carbon fuel standard.
2/25/2019 Version
Status:
02/25/2019: Introduced; referred Environmental Conservation Committee
 
 
Iowa SSB 1179 - Autonomous Vehicles
Sponsor: Committee on Transportation (O)
Summary:
This measure allows vehicles to platoon by adjusting the o distance requirements for electronically coordinated motor vehicles following in a sequence.

More specifically, this measure exempts from the provision any motor vehicle following another motor vehicle in a sequence of two vehicles using technology and equipment that electronically coordinates the speed and brakes of the following vehicle with the speed and brakes of the lead vehicle. 
2/19/2019 Version
Status:
02/27/2019: Hearing scheduled
02/26/2019: Hearing rescheduled
02/21/2019: Hearing held; passed subcommittee
02/19/2019: Introduced; referred to Transportation Subcommittee
 
 
 
Iowa HF 535 - Autonomous Vehicles
Sponsor: Transportation Committee on (O)
Summary for 2/26/2019 Version:
This bill relates to automated driving systems (ADS).
The measure authorizes a driverless-capable vehicle to operate on the public highways without a conventional human driver physically present in the vehicle if the vehicle meets certain conditions.
Firstly, the vehicle must be capable of achieving a minimal risk condition if a malfunction of the ADS occurs that renders the ADS unable to perform any dynamic driving task within the ADS’s intended operational design domain, if any.
 
Secondly, while in driverless operation, the vehicle must be capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of dynamic driving tasks, unless an exemption has been granted to the vehicle by the department of transportation (DOT).
 
Thirdly, the vehicle must be certified by the vehicle’s manufacturer to be in compliance with all applicable federal motor vehicle safety standards, except to the extent an exemption has been granted for the vehicle under applicable federal law or by the national highway traffic safety administration.
 
The bill provides that the operation of the vehicle must be capable of performing all dynamic driving tasks within the ADS’s operational design on the public highways, while a conventional human driver is present in the vehicle shall be lawful.
 
Such operation is subject to the provisions of Code chapter 321, including the requirement that the conventional human driver possess a valid driver’s license. The conventional human driver must operate the system-equipped vehicle according to the manufacturer’s requirements and specifications, and must regain manual control of the vehicle when prompted by the ADS.
 
The bill provides that the motor vehicle laws of this state shall not be construed to require a conventional human driver to operate a driverless-capable vehicle that is being operated by an ADS. The ADS, while engaged, is deemed to fulfill any physical acts required of a conventional human driver to perform dynamic driving tasks.
The bill requires, before a system-equipped vehicle is allowed to operate on the public highways, that the owner submit to the DOT proof of financial liability coverage for the vehicle in a manner and form determined by the DOT.
The bill authorizes a person to operate an on-demand driverless-capable vehicle network. An on-demand driverless-capable vehicle network may be used to facilitate the transportation of persons or goods, including transportation for hire and public transportation. An on-demand driverless-capable vehicle network may connect passengers to driverless-capable vehicles either exclusively or as part of a digital network that also connects passengers to conventional human drivers who provide transportation services in vehicles that are not driverless-capable vehicles.
Definitions
“Operational design domain” means a set of constraints used to define the domain under which an automated driving system is designed to properly operate, including but not limited to types of highways, speed ranges, environmental conditions such as weather or time of day, and other constraints.
“System-equipped vehicle” means a motor vehicle equipped with an automated driving system.
“Dynamic driving task” means any real-time operational and tactical function required to operate a motor vehicle on a highway in traffic within an automated driving system’s specific operational design domain, if any. “Dynamic driving task” does not include any strategic function such as trip scheduling or the selection of destinations and way-points.
“Automated driving system” means the hardware and software collectively capable of performing all dynamic driving tasks on a sustained basis, regardless of whether the system is limited to a specific operational design domain,
“Driverless-capable vehicle” means a system-equipped vehicle capable of performing all dynamic driving tasks within the automated driving system’s operational design domain, if any, including but not limited to achievement of a minimal risk condition without intervention or supervision by a conventional human driver.
“On-demand driverless-capable vehicle network” means a transportation service network that uses a software application or other digital means to dispatch driverless-capable vehicles for the purposes of transporting persons or goods, including transportation for hire, and public transportation.
2/5/2019 Version
2/26/2019 Version
Status:
02/26/2019: Converted to House File
02/21/2019: Reported from subcommittee; amended; passed
02/14/2019: Hearing held
02/05/2019: Raised in Transportation Committee; subcommittee appointed
 
 
 
New York AB 5698 - Aftermarket Parts
Sponsor: Assemblymember Steven Englebright (D)
Summary for 02/14/2019 Version:
This measure relates to the types of parts an insurer can require be used for a vehicle repair.

This measure provides that no insurer that provides collision or comprehensive loss can require a repair facility to use a specific vendor or process for the procurement of parts or other materials necessary to repair the vehicle.
2/14/2019 Version
Status:
02/14/2019: Introduced; referred to Assembly Insurance Committee
 
 
 
Maine LD 844 - Autonomous Vehicles
Sponsor: Sherman Hutchins (R)
Summary:
This measure bans autonomous commercial vehicles. 

This bill prohibits the operation of a commercial motor vehicle that does not have a driver in the vehicle.
2/14/2019 Version
Status:
02/14/2019: Introduced; Referred to Joint Committee on Transportation
 
Oregon HB 2007 - Emissions/Climate Change (All)
Sponsor: Speaker Tina Kotek (D)
Summary for 02/26/2019 Version:
This measure establishes emission requirements for trucks.
This measure requires Environmental Quality Commission to establish diesel engine emission standards for medium and heavy duty trucks. This measure requires trucks in Oregon to maintain evidence demonstrating that an engine meets federal emission standards.
This measure also requires public improvement contracts to require at least 80% of the total motor vehicle fleet powered by diesel engines be powered by model year 2010 or newer diesel engines.
2/26/2019 Version
Status:
02/26/2019: Introduced
 
 
 
Maine LD 221 - CA LEV, Emissions/Climate Change (All)
Sponsor: Representative Jeffrey Hanley (R)
Summary:
This measure eliminates the aftermarket catalytic converter requirement.

More specifically, this measure amends the Board of Environmental Protection's authority to adopt and enforce new motor vehicle emission standards by prohibiting the adoption of standards requiring that new aftermarket catalytic converters sold or installed in the State be certified to any standards adopted by the State of California or the California Air Resources Board. The bill also requires the Department of Environmental Protection, as soon as practicable, to amend its rule Chapter 127 relating to new motor vehicle emission standards in accordance with this statutory prohibition.
1/22/2019 Version
Status:
02/28/2019: Hearing Scheduled
01/22/2019: Introduced; referred to Joint Committee on Environment and Natural Resources
 
 
 
Utah HB 101 - Autonomous Vehicles
Sponsor: Representative Robert Spendlove (R)
Summary of 2/8/2019 Version:
This bill defines terms related to autonomous vehicles and allows the operation of a vehicle in the state by an automated driving system. It exempts a vehicle with an engaged automated driving system from licensure and provides protocol in case of an accident involving an autonomous vehicle. It also requires a vehicle equipped with an automated driving system to be properly titled, registered, and insured and preempts political subdivisions from regulating autonomous vehicles in addition to regulation provided in state statute.
Specifically, this measure provides that unless exempted, a person or automated driving system may not operate and  an owner may not engage an automated driving system, give another person permission to engage an automated driving system, or give another person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state.
This measure provides that a transportation network driver is a motor vehicle with a level four or five automated driving system in driverless operation, an automated driving system if dispatched:
(i) at the direction of, on behalf of, or as an agent of a transportation network company; or
(ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.
Event data that is recorded on an event data recorder may be retrieved, obtained, or used by a person who is not the owner of the motor vehicle for purposes of improving motor vehicle safety, security, insurability, or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in connection with the retrieved data.
An owner of a vehicle subject to registration under this part shall apply to the  division for registration on forms furnished by the division.  The application for registration shall include the level of the automated driving system of the vehicle.
Event data that is recorded on an event data recorder may be retrieved, obtained, or  used by a person who is not the owner of the motor vehicle for purposes of improving motor vehicle safety, security, insurability, or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in connection with the retrieved data.
A motor vehicle equipped with a level three through five ADS may operate on a  highway in this state if the motor vehicle is operated, whether by the ADS or human driver, in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state, unless an exemption has been granted or when the motor vehicle meets all applicable federal motor vehicle safety standards and regulations unless an exemption has been granted 
They may also operate if the ADS complies with all federal law and federal motor vehicle safety standards and bears the required certification label including reference to any exemption granted under applicable federal law and if a system failure occurs that renders the ADS unable to perform the entire dynamic driving task relevant to the intended operational design domain of the ADS, the ADS will achieve a minimal risk condition or make a request to intervene. The motor vehicle must also titled and registered.
"Automated driving system" or "ADS" means the hardware and software that  are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the ADS is limited to a specific operational design domain, if any.
"Conventional driver" means a human driver who is onboard the motor vehicle and  manually performs some or all of the following actions in order to operate a vehicle: 
(a) braking; 
(b) accelerating;
(c) steering; and
(d) transmission gear selection input devices.
"Dynamic driving task" means all of the real-time operational and tactical  functions required to operate a motor vehicle in on-road traffic, including: 
(i) lateral vehicle motion control through steering;
(ii) longitudinal motion control through acceleration and deceleration;
(iii) monitoring the driving environment through object and event detection,  recognition, classification, and response preparation; 
(iv) object and event response execution; 
(v) maneuver planning; and
(vi) enhancing conspicuity with lighting, signaling, and gesturing.
"On-demand autonomous vehicle network" means a transportation service  network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with motor vehicles that have a level four or five ADS in driverless operation for purposes of transporting persons, including for-hire transportation and transportation for compensation.
"Transportation Network Company" is defined in this measure as an entity that, except in certain cases involving a motor vehicle with a level four or five automated driving system, does not own, control, operate or manage the vehicle used to provide the transportation network services.
"Transportation network driver" is also defined as a level four or five automated driving system when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation.
1/10/2019 version
2/8/2019 Version
Status:
03/01/2019: Passed Senate
02/25/2019: Hearing held; passed committee
02/22/2019: Referred to Senate Transportation, Public Utilities, Energy, and Technology Committee
02/20/2019: Passed House
02/08/2019: Hearing held; substituted; passed committee
02/06/2019: Hearing held; not considered
01/28/2019: Referred to House Transportation Committee
01/10/2019: Prefiled

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