Policy Tracker

Autonomous vehicles.

CA · Legislation · 2025 · SB1246

Legislation
Introduced

Record updated Mar 27, 2026

Summary

An act to add the heading of Chapter 1 (commencing with Section 38750) to, and to add Chapter 2 (commencing with Section 38800) to, Division 16.6 of the Vehicle Code, relating to vehicles.

Timeline

2026-03-27

S

Set for hearing April 7.

2026-03-24

S

From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

2026-03-04

S

Referred to Com. on TRANS.

2026-02-20

S

From printer. May be acted upon on or after March 22.

2026-02-19

S

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

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Amended  IN  Senate  March 24, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 1246


Introduced by Senator Cortese

February 19, 2026


An act to amend Section 38750 of add the heading of Chapter 1 (commencing with Section 38750) to, and to add Chapter 2 (commencing with Section 38800) to, Division 16.6 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1246, as amended, Cortese. Autonomous vehicles.
Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the department to adopt regulations setting forth requirements for the submission and approval of an application, including, among other things, any testing, equipment, and performance standards the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, as specified.
Existing law, commencing July 1, 2026, requires manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle, except as provided, to comply with certain requirements, including, among other things, to maintain a dedicated emergency response telephone line that is available for emergency response officials, as defined, and to equip each autonomous vehicle with a 2-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator, as specified.
This bill would require remote assistants, remote drivers, or local incident technicians, as defined, who monitor, direct, provide input to, advise, supervise, or control commercial autonomous vehicles on a public road in this state, or that provides onsite response to incidents on behalf of an autonomous vehicle operator, be located within the United States and hold a valid California driver’s license of the appropriate class with any endorsements required for a human driver to lawfully operate the same vehicle in this state. For autonomous passenger service vehicles, the bill would require the ratio of remote assistants or remote drivers to autonomous passenger service vehicles be 1 to 3 or higher at all times. The bill would require an autonomous vehicle operator to ensure through its staffing and assignments that remote drivers or remote assistants are able to immediately respond to all calls and incidents and that local incident technicians are able to respond and be present on the scene within 10 minutes of an accident or receiving a request from a first responder, as specified.
The bill would require an autonomous vehicle operator to adopt and maintain written emergency response and immobilization procedures to ensure prompt responses to emergencies and accidents, as specified. The bill would require any commercial autonomous vehicle obstructing a travel lane, crosswalk, intersection, transit lane, bicycle lane, freight corridor, emergency access route, space or ramp designated for disabled persons when not carrying a disabled passenger, or fire hydrant to be relocated or removed as soon as possible, but in no case later than 5 minutes after the obstruction is detected if the autonomous vehicle is driveable, or no later than 30 minutes after the obstruction is detected if field personnel or towing is required, except as specified. The bill would prohibit a commercial autonomous vehicle from interfering with emergency events, emergency operations, or law enforcement operations.
The bill would require any commercial autonomous vehicle operated without a human driver on a highway in this state to be equipped with a manual override system in the vehicle that allows local incident technicians, first responders, tow operators, and trained personnel to readily access an emergency steering wheel and manually steer, brake, and relocate the vehicle during an emergency, as specified. The bill would require an autonomous vehicle operator to provide training and written guidance to local incident responders, first responders, and towing providers regarding the manual override system, including safe disabling, relocation, and communication procedures, as specified.
The bill would require Office of the California Highway Patrol (CHP) to establish a registration process for entities that wish to contract with autonomous vehicle operators to provide local incident technician services, as specified. The bill would require CHP, in conjunction with the Office of the State Fire Marshal, to develop uniform guidelines and requirements for the training and written guidance described above and would require CHP to approve all manual override systems, training, and written guidance developed by autonomous vehicle operators pursuant to the above-described provisions. The bill would authorize CHP to impose fees sufficient to cover the cost associated with administering these provisions.
The bill would require autonomous vehicle operators to maintain specified data, including, among other things, information regarding assignments and staffing for remote assistants, remote drivers, and local incident technicians and response times and responses to emergency events, immobilizations, obstructions, accidents involving damage to persons or property, and requests from first responders. The bill would require autonomous vehicle operators to provide this data to the Department of Motor Vehicles and the Public Utilities Commission upon request. The bill would require autonomous vehicle operators to provide summary statistics showing the number of incidents in which manual control of commercial autonomous vehicles was necessary or control was exercised by remote assistants, remote drivers, or local incident technicians on a monthly basis to the department and commission, as specified. The bill would require the department and commission to post the summary statistics on their respective internet websites.
The bill would specify that a violation of the above provisions are not crimes and would instead make violations of these provisions subject to specified civil penalties and administrative actions.

Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires that the application contain, at a minimum, specified certifications, including a certification by the manufacturer that the autonomous technology satisfies specified requirements, including that the autonomous vehicle has a separate mechanism 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 person while operating in autonomous mode. Existing law requires the department to hold public hearings on the adoption of regulations applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle.

This bill would, instead, require the separate mechanism to capture and store autonomous technology sensor data for at least 45 seconds before and after, whenever feasible, a collision. This bill would allow the department to hold public hearings on the adoption of the above regulations both online and in person.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares the following:
(a) The current experience with autonomous vehicles deployed in California raises legitimate questions about corporate permit noncompliance, vehicle immobilizations, operations that hinder first responder activity, collisions involving children and animals, the displacement of workers employed in the transportation industry, and the adequacy of safety data disclosure by companies with a direct financial interest in the expansion of autonomous vehicle operations.
(b) The coming years are likely to see a significant expansion of autonomous vehicle activity on the state’s highways and roads, and both the existing regulatory structure and the statewide concerns raised by the expansion of autonomous vehicle operations require immediate and sustained legislative attention to this issue. While the Department of Motor Vehicles and the Public Utilities Commission have specific regulatory mandates, neither agency is charged with comprehensively balancing the full range of public interests affected by the expansion of autonomous vehicle operations.
(c) The operation of autonomous vehicles depends not only on automated driving systems but also on humans who must supervise, authorize, respond, and intervene in autonomous vehicle operations when necessary, and currently those individuals may be located outside the State of California or outside the United States.
(d) The licensing and regulation of drivers, the safe operation of vehicles on public highways, and the control of traffic are matters of traditional state police power.
(e) Autonomous vehicles’ ability to respond to new and dynamic traffic situations, first responder and law enforcement directions, emergency operations, and events occurring both inside and outside of the vehicle directly affects the mobility of other vehicles and pedestrians, the flow of traffic, and the safety of the public.
(f) Immobilized autonomous vehicles blocking travel lanes or intersections present a direct threat to traffic safety, emergency response, and public mobility, including by delaying emergency medical services and fire and law enforcement response.
(g) Public safety requires that those responsible for monitoring and directing autonomous vehicles, including remote assistants, remote drivers, and local incident technicians, understand California traffic laws and must be immediately available to coordinate in real time with first responders, law enforcement, emergency responders, and traffic authorities. Public safety also requires that individuals remotely controlling or providing remote input to operating autonomous vehicles must be physically located within the United States to mitigate the risk of longer latency times for communications with autonomous vehicles.
(h) Proper staffing levels and supervision ratios are necessary to ensure that remote assistants, remote drivers, and local incident responders can immediately respond to incidents and prevent unsafe conditions from developing or escalating.
(i) Direct communication between first responders and autonomous vehicle operators is necessary to ensure public safety, and autonomous vehicle operators must maintain communication systems and protocols that allow first responders to reach a qualified human operator in real time and receive an immediate, meaningful response.
(j) It is the intent of the Legislature in adopting this act to ensure that any expansion of the operation of autonomous vehicles for commercial purposes occurs under the supervision of this state and in a manner that prioritizes public safety, accountability, the protection of workers in the transportation industry, and emergency response readiness.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 38750) is added to Division 16.6 of the Vehicle Code, to read:
CHAPTER  1. General Provisions

SEC. 3.

 Chapter 2 (commencing with Section 38800) is added to Division 16.6 of the Vehicle Code, to read:
CHAPTER  2. Operation of Autonomous Vehicles

38800.
 For purposes of this chapter, the following definitions apply:
(a) “Autonomous passenger service vehicle” means an autonomous vehicle operating without a human driver for compensation or as part of a commercial enterprise for purposes of passenger transportation.
(b) “Autonomous vehicle operator” means any company operating an autonomous vehicle without a human driver for compensation or as part of a commercial enterprise, including passenger transportation or the delivery of goods or freight.
(c) “Commercial autonomous vehicle” means an autonomous vehicle operated without a human driver for compensation or as part of a commercial enterprise, including passenger transportation or the delivery of goods or freight.
(d) “Emergency” has the same meaning as that term is defined in paragraph (3) of subdivision (a) of Section 38751.
(e) “First responders” has the same meaning as that term is defined in Section 8562 of the Government Code except that first responders also include traffic officials from a public agency in an applicable jurisdiction.
(f) “Local incident technician” means a natural person who responds onsite on behalf of an autonomous vehicle operator to incidents involving an autonomous vehicle, including accidents that involve damage to persons or property, and requests for assistance from first responders. Local incident technicians shall be employees of the autonomous vehicle operator or a contractor registered with the Office of the California Highway Patrol pursuant to Section 38805.
(g) “Remote assistant” means a natural person who monitors, directs, provides input to, or advises an autonomous vehicle, but is not physically located in the driver’s seat of the vehicle.
(h) “Remote driver” means a natural person who monitors, directs, has the ability to control, regardless of whether such control is exercised, or performs dynamic driving tasks for an autonomous vehicle, but is not physically located in the driver’s seat of the vehicle.

38801.
 (a) A remote assistant, remote driver, or local incident technician who monitors, directs, provides input to, advises, supervises, or controls a commercial autonomous vehicle on a public road in this state, or that provides onsite response to incidents involving commercial autonomous vehicles in this state on behalf of an autonomous vehicle operator, shall be located within the United States and hold a valid California driver’s license of the appropriate class with any endorsements required for a human driver to lawfully operate the same vehicle in this state, including, but not limited to, any of the following:
(1) For a passenger vehicle designed to transport not more than 10 persons, including the driver, a valid class C driver’s license.
(2) For a vehicle designed, used, or maintained for the transportation of more than 10 persons, including the driver, a valid class B or class A driver’s license with a passenger endorsement, as required by this code.
(b) For autonomous passenger service vehicles, the ratio of remote assistants or remote drivers who are actively monitoring or directing operating on a public road in this state to autonomous passenger service vehicles shall be one to three or higher at all times.
(c) Remote assistants, remote drivers, and local incident technicians shall be registered with the Employer Pull Notice Program administered by the department.

38802.
 (a) (1) An autonomous vehicle operator shall ensure, through its staffing and assignments, that remote drivers or remote assistants are able to immediately respond to all calls and incidents.
(2) An autonomous vehicle operator shall ensure, through its staffing and assignments, that local incident technicians are able to respond and be present on the scene within 10 minutes of an accident involving damage to persons or property or receiving a request from a first responder.
(b) (1) First responders may request that an autonomous vehicle operator dispatch a local incident technician to a commercial autonomous vehicle when necessary to address collisions, immobilizations, or obstructions, or to address any safety issue that requires the onsite presence of a local incident technician. First responders may communicate a request for a local incident technician utilizing an emergency response telephone line or two-way voice communication device as described in Section 38751.
(2) The local incident technician shall have the authority to coordinate on behalf of the autonomous vehicle operator with first responders and any parties involved in an accident with a commercial autonomous vehicle at the scene of the incident. The local incident technician shall have the authority and ability to manually relocate the vehicle.

38803.
 (a) An autonomous vehicle operator shall adopt and maintain written emergency response and immobilization procedures to ensure prompt responses to emergencies and accidents involving commercial autonomous vehicles and the prompt clearance of any commercial autonomous vehicle that becomes disabled or obstructs traffic or is in a restricted area.
(b) Procedures shall provide for all of the following:
(1) Real-time notification of emergency events, including law enforcement activity, traffic enforcement activity, or fire department activity, and emergency medical services activity, immobilizations, or obstructions.
(2) Immediate escalation to a remote assistant or remote driver with supervision and control over the commercial autonomous vehicle, or immediate dispatch of a local incident technician if there is an accident that involves damage to persons or property or a request for assistance is received from first responders.
(3) Coordination with first responders, including procedures for coordinating with emergency dispatchers and providing a single point of contact with the autonomous passenger service vehicle operator.
(c) Any commercial autonomous vehicle obstructing a travel lane, crosswalk, intersection, transit lane, bicycle lane, freight corridor, emergency access route, space or ramp designated for disabled persons when not carrying a disabled passenger, or fire hydrant shall be relocated or removed as soon as possible, but in no case later than 5 minutes after the obstruction is detected if the autonomous vehicle is driveable, or no later than 30 minutes after the obstruction is detected if field personnel or towing is required, unless a shorter period is required by the department.
(d) A commercial autonomous vehicle shall not interfere with emergency events, emergency operations, or law enforcement operations.

38804.
 (a) Any commercial autonomous vehicle operated without a human driver on a highway in this state shall be equipped with a manual override system in the vehicle that allows local incident technicians, first responders, tow operators, and trained personnel to readily access an emergency steering wheel and manually steer, brake, and relocate the vehicle during an emergency.
(b) The manual override system shall comply with all of the following:
(1) Be reviewed and approved by the Office of the California Highway Patrol pursuant to Section 38805.
(2) To the extent possible, comply with standardized protocols for taking manual control over autonomous vehicles.
(3) Be able to be activated by local incident technicians, first responders, tow operators, and other trained personnel.
(4) Permit removal of autonomous vehicles from travel lanes, intersections, or other roadways.
(5) Operate independently of the automated driving system as necessary.
(c) The autonomous vehicle operator shall provide training and written guidance in compliance with Section 38805 to local incident responders, first responders, and towing providers regarding the manual override system, including safe disabling, relocation, and communication procedures.
(1) The training shall be offered to all first responders with jurisdiction in areas the autonomous vehicle operates.
(2) The training shall be reviewed on a regular basis by the manufacturer and updated as changes are needed.
(3) The training must be reviewed and approved by the Office of the California Highway Patrol pursuant to Section 38805.
(d) Notwithstanding any other law, the department shall not permit the deployment of any autonomous vehicle that does not comply with this section.

38805.
 (a) The Office of the California Highway Patrol shall establish a registration process for entities that wish to contract with autonomous vehicle operators to provide local incident technician services in compliance with this chapter. The office shall only register entities that employ 50 or more local incident technicians and certify that all employed local incident technicians meet the requirements of this chapter. The office may charge a registration fee sufficient to cover the costs associated with administering this subdivision. The office shall publish a list of registered contractors on its website.
(b) The office, in conjunction with the Office of the State Fire Marshal, shall develop uniform guidelines and requirements for the training and written guidance required to be provided to local incident responders, first responders, and towing providers by autonomous vehicle operators pursuant to Section 38804.
(c) The office shall establish a process to review and approve manual override systems and training for compliance with Section 38804. The office may charge autonomous vehicle operators a fee sufficient to cover the costs associated with administering this subdivision and subdivision (b).

38806.
 (a) An autonomous vehicle operator shall maintain records on all of the following:
(1) Information pertaining to the compliance of remote assistants, remote drivers, and local incident technicians with this chapter, including driver’s license information and driving records.
(2) Assignments and staffing for remote assistants, remote drivers, and local incident technicians, including supervision duration, and incident response and resolution information.
(3) All incidents involving the monitoring or control of commercial autonomous vehicles by remote assistants, remote drivers, or local incident technicians who are not licensed in this state.
(4) All incidents involving immobilizations, obstructions, emergency events, emergency operations, law enforcement operations, and any first responder, law enforcement, or traffic officer.
(5) All incidents in which a commercial autonomous vehicle is involved in damage to persons or property.
(6) Response times and responses to emergency events, immobilizations, obstructions, accidents involving damage to persons or property, and requests from first responders.
(b) The records shall be provided to the department and Public Utilities Commission upon request.
(c) Summary statistics showing the number of incidents, including obstruction and immobilization incidents, response times, and incidents in which manual control of commercial autonomous vehicles was necessary or control was exercised by remote assistants, remote drivers, or local incident technicians, shall be provided to the department and commission on a monthly basis and shall be published by the department and commission on their respective internet websites. The information required by this subdivision shall be provided in an aggregated data format that anonymizes all information.

38807.
 A violation of this chapter is not a crime and subject to the following civil penalties and administrative actions:
(a) A city, county, or city and county may impose a civil penalty of five thousand dollars ($5,000) for each violation of Section 38801, Section 38802, the autonomous vehicle operators’ permit, or any regulation authorizing the autonomous vehicle operators’ operations. Penalties shall be payable to the jurisdiction enforcing the violation.
(b) A city, county, or city and county may impose the following civil penalties for violations of Section 38803.
(1) One thousand dollars ($1,000) per driveable commercial autonomous vehicle for an obstruction lasting more than five minutes.
(2) Five thousand dollars ($5,000) per commercial autonomous vehicle for an obstruction lasting more than 30 minutes.
(3) Ten thousand dollars ($10,000) per commercial autonomous vehicle for an obstruction during, or that otherwise causes interference with, emergency events, emergency operations, or law enforcement operations.
(c) Penalties assessed pursuant to this section shall be payable to the jurisdiction enforcing the violation. For purposes of this section, a city may impose civil penalties for violations within the city limits. A county may impose civil penalties for violations within the unincorporated areas of the county.
(d) Three or more violations of this chapter shall constitute grounds for suspension, revocation, or modification of department or Public Utilities Commission deployment permits, including reduction of authorized fleet size, subject to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

SECTION 1.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 45 seconds before and 45 seconds after, whenever feasible, of a collision that 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)The department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c), and processes related to notices of autonomous vehicle noncompliance pursuant to Section 38752.

(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, the Public Utilities Commission, or any other entity identified by the department that has expertise in automotive technology, automotive safety, pedestrian 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, regulations for notices of autonomous vehicle noncompliance, 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 that may be conducted both online and in person 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.

(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 and vehicle data are 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)Commencing January 1, 2026, an autonomous vehicle may be equipped with automated driving system (ADS) marker lamps in accordance with SAE International’s “Recommended Practice, Automated Driving System (ADS) Marker Lamp, standard J3134 (MAY2019),” as may be revised, and SAE International’s “Chromaticity Requirements for Ground Vehicle Lamps and Lighting Equipment, standard J578 (APR2020),” as may be revised. For purposes of this subdivision, an “ADS marker lamp” means a device that emits a light to indicate when an ADS is engaged in the operation of the vehicle.

(j)(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.

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