REPORT TO ENVIRONMENT COMMITTEE MEETING OF WEDNESDAY, 22 OCTOBER 2008 NEIGHBOURHOOD ZERO EMISSION AND LOW SPEED VEHICLES MODEL REGIONAL BYLAW

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1 Report #EHQ REPORT TO ENVIRONMENT COMMITTEE MEETING OF WEDNESDAY, 22 OCTOBER 2008 SUBJECT NEIGHBOURHOOD ZERO EMISSION AND LOW SPEED VEHICLES MODEL REGIONAL BYLAW PURPOSE To provide the Environment committee with a model regional bylaw accommodating use of a neighbourhood zero emission vehicle (NZEV) or a low speed vehicle (LSV). BACKGROUND At the Environment committee meeting of 23 July 2008 the committee passed a resolution endorsing in principle a model bylaw for municipal and electoral areas jurisdiction for the accommodation of electric vehicles. The committee also directed staff to prepare a bylaw for consideration of the Environment committee at their October meeting. On 06 June 2008 the British Columbia Motor Vehicles Act regulations were amended to include the definition and operating requirements for NZEVs. Prior to this, under the slow-moving vehicle classification, NZEVs were required to have flashing lights and a large triangular sign and were permitted on all roads except Schedule 1 highways; however, the new provincial regulations prohibit them from traveling on roads with posted speeds over 40 kilometres per hour(km/h). As part of the amendment, the Ministry of Transportation and Infrastructure (MOTI) gave municipalities the authority to create a bylaw which would allow NZEVs on streets with speed limits above 40 km/h but no greater than 50 km/h. Therefore, each municipality is responsible for determining if NZEV use is appropriate on 50 km/h roads within their jurisdiction. NZEVs are a newly defined class of slow-moving electric vehicles capable of at least 32 km/h, but not more than 40 km/h. The safety requirements are regulated by the same standards as outlined by Transport Canada for LSVs. They are low weight (less than 1,361 kg), powered by an electric power train and do not use fuel as an onboard source of energy. NZEVs are not built with the safety engineering features found in typical modern vehicles, such as airbags, impact absorbing bumpers and intrusion protection. LSVs are federally regulated to travel at a maximum speed of 40 km/h because of crash testing performed by Transport Canada. Typically, LSVs have a range up to approximately 60 km/h. Currently British Columbia, Ontario, and Quebec are the only three provinces that allow the use of LSVs on streets, but the three provinces have unique regulations. The Ontario government pilot program was established to consider allowing LSVs in public parks by employees of the park and Ministry of Natural Resources. This pilot program is scheduled to end in September Quebec recently commenced a three-year pilot program to monitor the use of these vehicles on city streets with a 40 km/h speed limit. They will be allowed to use the right-hand lane (except to pass), will have to be equipped with a slow moving vehicle emblem, and keep their lights on. In the US, over 65,000 LSVs have been sold and used in 47 states. While the majority of these vehicles are used in closed communities, they are increasingly being used freely as commuter vehicles in a number of US states. HDM\#262145\v1

2 Environment Committee 22 October 2008 Re: Neighbourhood Zero Emission and Low Speed Vehicles Model Regional Bylaw Page 2 With respect to the local jurisdiction in the Capital Regional District (CRD), at this time, both Oak Bay and Colwood municipalities have passed a municipal bylaw to authorize the use of NZEVs on their 50 km/h streets. A regional approach within the CRD would further expand the value of these zero emission vehicles as a transportation alternative. If, for example, all core communities, through bylaw permitted the use of NZEVs on their 50 km/h roads these vehicles could access the entire road network as noted on the map (Attachment 2), with the exception of the roads noted in red which have a speed limit greater than 50 km/h. CRD staff held a meeting in September 2008 with various stakeholders, including staff from 6 local municipalities, the Insurance Corporation of British Columbia (ICBC), MOTI, and a member of the Integrated Road Safety Unit. The matter was also discussed by the Regional Traffic Safety commission. Notes from the meeting are attached (Attachment 3). The two primary concerns are: 1. issues created by the difference in speed of NZEVs at 40 km/h and regular traffic at 50 km/h; and 2. adequate protection of an NZEV occupant in the event of a collision, particularly with a standard size vehicle or a truck. These concerns are similar to those expressed by the City of Vancouver during the approval process for the NZEV in the lower mainland and they plan to evaluate their implementation in 36 months. They placed additional restrictions on NZEVs which our Colwood and Oak Bay municipalities did not; the NZEV may only operate in the lane of the street to the right edge or curb except when passing another vehicle. For safety reasons this is a valid requirement and is included in the model regional bylaw. For the sake of consistency the Colwood and Oak Bay municipalities are encouraged to amend their bylaw to include this requirement. FINANCIAL IMPLICATIONS There are no financial implications. ALTERNATIVES 1. The Environment committee could recommend to the Board of Directors the endorsement of the model regional bylaw for the accommodation of neighbourhood zero emission vehicles and then the model regional bylaw be forwarded to member municipalities and electoral areas for consideration. 2. Staff could be directed to have further investigation and dialog with regional stakeholders prior to considering a model bylaw. SUMMARY/CONCLUSIONS The recent amendments by senior levels of government have given the municipalities and electoral areas within the CRD an opportunity to demonstrate a commitment to sustainable initiatives and move our region forward in reducing greenhouse gas emissions. Creating a model bylaw to encourage municipal adoption of the enabling bylaw to permit NZEVs on roads up to 50 km/h is integral for seamless travel within the CRD. HDM\#262145\v1

3 Environment Committee 22 October 2008 Re: Neighbourhood Zero Emission and Low Speed Vehicles Model Regional Bylaw Page 3 RECOMMENDATIONS That the Environment committee recommend to the Board of Directors that: 1. the Board of Directors endorse the regional model bylaw for municipal and electoral areas jurisdiction for the accommodation of neighbourhood zero emission vehicles; and 2. the model bylaw be forwarded to all municipalities and electoral areas encouraging their adoption of the bylaw. Dwayne Kalynchuk, PEng General Manager, Environmental Services Kelly Daniels CAO Concurrence COMMENTS DK:jta Attachments: 3 HDM\#262145\v1

4 of BYLAW NO. XXXX A BYLAW TO PERMIT USE OF MUNICIPAL STREETS BY NEIGHBOURHOOD ZERO EMISSION VEHICLES WHEREAS pursuant to the Motor Vehicle Act Regulations, B.C. Reg. 26/58, neighbourhood zero emission vehicles are prohibited from driving on highways within municipalities that have speed limits in excess of 40 km/h except where designated by municipal bylaw; AND WHEREAS Council wishes to designate certain highways having speed limits in excess of 40 km/h but no more than 50 km/h as highways for the use of neighbourhood zero emission vehicles; [optional if section 4 is included] AND WHEREAS Council considers electric vehicles to be extraordinary traffic; NOW THEREFORE the Council of the of in open meeting assembled enacts as follows: 1. Interpretation In this bylaw the following words have the following meanings: Electric Vehicle means a neighbourhood zero emission vehicle as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58; Municipality means the of. 2. Use of Highways for Electric Vehicles [Option 1 All Roads Except Listed Ones] Pursuant to section of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, all highways within the Municipality are designated for the purpose of permitting an electric vehicle to travel on those highways, with the exception of highways listed on Schedule A. [Use Schedule A to list those highways or portions thereof where the posted speed is greater than 50 km/h; or that are highways which the municipality cannot or does not

5 - 2 - otherwise wish to open to use by electric cars because they are provincial arterial highways or it is considered that this will impede traffic flow unduly and adequate alternate routes exist.] [Option 2 All Roads Posted at km/h] Pursuant to section of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, all highways where the posted speed is above 40 km/h and at or below 50 km/h are designated for the purpose of permitting an electric vehicle to travel on those highways. [Option 3 All Roads Posted at km/h except listed ones] Pursuant to section of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, all highways where the posted speed is above 40 km/h and at or below 50 km/h are designated for the purpose of permitting an electric vehicle to travel on those highways, with the exception of highways listed on Schedule A. 3. For certainty, (a) (b) a person may use an electric vehicle on a highway designated under section 2 of this Bylaw despite any provision limiting the use of slow moving vehicles contained in the [cite Street and Traffic Bylaw]; and [Note to Draft: This section clarifies that this bylaw is intended to allow the use of electric vehicles despite any prohibition against slow moving vehicles in a Streets and Traffic bylaw.] a person may drive an electric vehicle on a highway where the posted speed is 40 km/h or less in accordance with the Motor Vehicle Act Regulations. 4. [optional] A person who drives an electric vehicle on a highway referred to in Section 3 of this bylaw must drive the electric vehicle in the lane that is closest to the right-hand edge of the curb of the street except when making a left hand turn, or when passing another vehicle. 5. If any section of this bylaw is found to be illegal, void or unenforceable by a court of competent jurisdiction, that section may be severed without affecting the validity of the remainder of the bylaw. 6. This Bylaw may be cited as of Electric Vehicle Bylaw No. XXXX.

6 This Bylaw shall take effect on. READ A FIRST TIME THIS DAY OF 2008 READ A SECOND TIME THIS DAY OF 2008 READ A THIRD TIME THIS DAY OF 2008 ADOPTED THIS DAY OF 2008 MAYOR CORPORATE OFFICER

7 September 01, Technologist: JPB- Map Document: Core_Speed_Limits.mxd Kilometres DISTRICT OF HIGHLANDS Cordova Bay Projection: UTM ZONE 10N NAD 83 Rithet's Bog Conservation Area Mount Douglas Park Layritz Park Ha ro DISTRICT OF SAANICH Str ait TOWN OF VIEWROYAL Thetis Lake Regional Park Swan Lake Nature Sanctuary Mill Hill Regional Park Cadboro Bay Cedar Hill Park DISTRICT OF OAK BAY Uplands Park Hatley Park National N. H. S. TOWNSHIP OF ESQUIMALT CITY OF VICTORIA CITY OF COLWOOD CITY OF LANGFORD Oak Bay Islands Ecological Reserve Road Speed Limit Beacon Hill Park 60 km/h and above 50 km/h 40 km/h and below DNDBoundLine Municipal Boundaries Lakes and Reservoirs DND Parks The Capital Regional District does not warrant the accuracy within this map, nor will it accept responsibility for errors or omissions. The CRD reserves the right to alter or update the information without notice. Maps should not be used as navigation tools.

8 Inter-municipal Meeting Notes: Electric Vehicles in the Capital Region Monday, September 8, 2008 Background Present: Larry Crawford (Saanich), Eric Deibert (Saanich), Helen Lockhart (Colwood), Mike Lai (Victoria), Wayne Gibson (View Royal), John Manson (Langford), Dave Drummond (Metchosin), Danny Epp (Vancouver Electric Vehicle Association), Rob Termuende (ICBC), Ian Pilkington (Ministry of Transportation), Andrew Isles (CRD Integrated Road Safety Unit), Marg LeGuilloux (CRD resident) CRD Staff: Dwayne Kalynchuk, Teresa Waddell In response to the recent Provincial regulation changes to allow neighbourhood zero emission vehicles (NZEV) on roads with a speed limit of 40km/h, a number of municipalities in the Region have responded to further enabling legislation and are considering passing bylaws to allow such vehicles on roads marked up to 50km/h or less. The municipality of Oak Bay passed the first of such a bylaw on August 18, To ensure that the same rules apply when a NZEV crosses municipal boundaries, the Capital Regional District Environment Committee moved to develop a model bylaw for member municipal and electoral area jurisdictions for the accommodation of electric vehicles. Purpose The meeting was intended to provide an opportunity to survey the desire in CRD communities to consider electric vehicle bylaws and to gain input on the development of the model bylaw, including any unique circumstances within jurisdictions and safety considerations. Comments: Municipal Representatives Colwood: In an effort to reduce transportation related greenhouse gas (GHG) emissions, Helen Lockhart, Engineer, reported that the City of Colwood had developed a bylaw (third reading) to allow electric vehicles on all municipal streets excluding portions of Sooke Road and Veterans Memorial Parkway (see attached Bylaw No. 1020). She indicated that Colwood has added an electric truck to its fleet. Langford: To reduce its carbon footprint and promote regional consistency, John Manson, Engineer, reported that Langford would be interested in supporting a model electric vehicle bylaw. Victoria:

9 Mike Lai, Transportation Planner, indicated that although the City of Victoria is interested in pursing an electric vehicle bylaw, they would venture into it cautiously. He raised the following concerns: issues of availability of recharging infrastructure, concerns over recharging abilities if vehicle looses charge on roadways, safety concerns of visually impaired pedestrians, and performance of vehicles on steep grades. View Royal: Transportation consultant, Wayne Gibson, reported that View Royal is making steps to diversify transportation options and indicated that allowing electric vehicles was in line with their mandate. He also raised concerns over electric vehicle performance on steep grades and recharging challenges. Metchosin: Chief Administrative Officer, Dave Drummond, reported that although he was interested in allowing electric vehicles, he had a number of questions regarding vehicle logistics (how do they perform on hills, logging roads?). He also expressed his concerns about how electric vehicles impact the flow of traffic, as although many of the roadways in Metchosin are marked 50 km/h, most motorists travel closer to 60 km/h. Saanich: Larry Crawford, Transportation Manager, reported that Saanich Council had directed staff to develop a framework to address electric vehicles. He noted that Saanich has a number of major arterial roads marked 60 km/h. North Saanich: Patrick O'Reily, Planner, could not attend the meeting, but had reported that North Saanich is interested in promoting the use of electric vehicles (ie adopting a bylaw), but they have concerns about some arterial roads with posted 60km/h limits. He reported that "one could not traverse North Saanich without using these main roads" and suggested that they may have to consider lowering speed limits. Highlands: Laura Beckett, Planner, also could not attend, however, she had reported that the Highlands are also interested in adopting the bylaw and that within Highlands, there would be no issue with speed limit restrictions. But she noted that the key points of entry to the District are mainly 50km/h and would thus require cooperation of neighbouring municipalities. Sidney: Mike Van der Linden, Manager of Development Services, also could not attend, but had reported that Sidney is interested in promoting electric vehicle use; however, key points of entry to Sidney are higher than 50 km/h. He also reported awaiting the Ministry of Transportation NZEV publication before determining the best course of action. City of Vancouver: Neal Peacocke, Traffic Manager, was not in attendance but had reported that the City of Vancouver is very interested in this project and is working to address some challenges (key transportation routes such a bridges are 60km/h) before passing the enabling bylaw.

10 Comments: Vancouver Electric Vehicle Association Danny Epp, Dynasty Electric Vehicles, reported that NZEVs average speed is km/hr, but that their speed is governed by Transport Canada (they have speed regulators set at 40 km/h). In response to questions regarding performance on steep grades, he noted that depending on the grade, generally the vehicles do not have any issues with steep slopes. When asked about the limitations Oak Bay had experienced with its electric truck, he noted that it was an older, smaller D/C model and substantial improvements in technology had since been made. In response to questions regarding loss of charge while on the road, he reported that, like a gas gage, the cars are equipped with monitors that let the vehicle operator know when the charge is low. In addition, unlike gas powered vehicles, the electric vehicles have a lymph home mode that progressively slows the vehicle down when it is out of charge to allow the driver time to get safely off the road. He reported that electric vehicles achieve an average range of about 70 km per charge, but that they can be topped up en route. He also reported that the average cost of an electric vehicle is $14,000 with operating costs of less than one tenth of gas powered vehicles; whereas the electric vehicles anticipated to be released by major vehicle manufactures will be prohibitively expensive. Further, he noted that the City of Vancouver was working to pass a building code bylaw to require new buildings to include proper external outlets for charging electric vehicles. Danny Epp noted that the US has been very progressive in promoting the use of electric vehicles, as over 65,000 have been sold and they are being used in 47 states. He emphasized the importance of looking at the US experience with NZEVs, as they have been widely used for some time. Noting the opportunity for these zero emission vehicles to supplement a great deal of transportation needs, he expressed his frustration with prohibitive government regulation and indicated that there will not be a market for these vehicles unless municipalities get together and create common regulations. Comments: ICBC Rob Termuende remarked that the vehicles in question, neighbourhood electric vehicles, are in a unique category, as they lack many of the 200 occupancy safety standards established by Transport Canada. He noted that they were designed specifically for short trips primarily within contained communities. He reported that ICBC licences these vehicles in the same way as traditional vehicles and that had been licensed in BC under the previous slow moving vehicle classification. He emphasized that NZEVs are excellent vehicles when used for their intended purpose (gated communities), but they are not safe for all roadways. Comments: Ministry of Transportation To provide regulatory certainty and remove the slow moving vehicle requirements, the Ministry of Transportation reclassified NZEVs, permitting them to operate on any road in BC with a speed limit of up to 40 km/h or, by municipal authority, on roads with a speed limit of up to 50 km/h. The vehicles will still be governed by a speed regulator to limit their speed to 40 km/h, thereby creating instances where the flow of traffic could be affected. Thus, each municipality is responsible for determining if NZEV use is appropriate on 50 km/h roads within their jurisdiction. Comments: RCMP/CRD Integrated Road Safety Unit Given the lower safety features exhibited by NZEVs, they conflict with the BC Chiefs Traffic Safety Committee s mandate to increase road safety and are thus not supported. Andrew Isles noted that the vehicles are no safer than a golf cart and that they would conflict with other street vehicles.

11 Discussion Safety It was generally agreed that NZEVs lack most of the safety features of traditional vehicles (no air bags or crash bumpers); however, in order to be sold in Canada, they must meet the safety requirements set out by Transport Canada. A complete list of safety features required by Transport Canada is available online at: NZEVs were originally designed for controlled, low-speed environments, as such, Transport Canada has limited their top speed to 40 km/h and only requires them to have limited safety features. Transport Canada s webpage on NZEV safety can be accessed at: Some commented that by promoting mixed traffic use, NZEVs may slow traffic slightly, thereby increasing road safety. It was noted that NZEVs are used in some US states as police fleet vehicles and they have been described as moving speed bumps. Further, it was suggested these vehicles should be able to share the roads just as scooters and bikes do. While it was noted that accident statistics in the US indicate zero instances of fatality, it was argued that the majority of NZEVs are used in closed communities. However, it was noted that these vehicles were increasingly being freely used as commuter vehicles in many US states, particularly in San Francisco. Additional Issues raised: Consumer awareness of safety concerns Differences in safety standards between manufacturers. Dynastic Electric vehicles have a steel frame and batteries in the front and have done quite well in safety tests. GEM models are made of fibreglass, lack a sturdy frame and the batteries are in the back Liability Tendency for people to drive 60 km/h on 50 km/hr roadways Regulation On June 6, 2008, an amendment was approved to BC Reg. 26/58 of the BC Motor Vehicle Act Regulations which defines and sets operating requirements for NZEVs in BC. In brief, the new regulation excludes NZEVs from the definition of slow moving vehicle (required to have flashing lights and large triangular sign) and assigns them to a newly defined class an approved four-wheeled electric powered vehicle capable of at least 32 km/h but not more than 40 km/h. Under the slow moving vehicle classification NZEVs were previously permitted on all Provincial roads except Schedule 1 highways; however, the new legislation limits (or enables ) NZEVs to operate on all roads in the province with posted speeds of 40 km/h. The regulation also empowers municipalities to enact bylaws allowing use of the vehicles on municipal roads with posted speeds of up to 50 km/h. Each municipality is responsible for determining if NZEV use is appropriate on 50 km/h roads within their jurisdiction - Not all 50 km/h roads are created equal.