BILL NUMBER: AB 2628 CHAPTERED
BILL TEXT
CHAPTER 725
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2004
APPROVED BY GOVERNOR SEPTEMBER 23, 2004
PASSED THE ASSEMBLY AUGUST 26, 2004
PASSED THE SENATE AUGUST 24, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 15, 2004
AMENDED IN SENATE JUNE 23, 2004
AMENDED IN SENATE JUNE 8, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Pavley
(Principal coauthor: Assembly Member Nakano)
(Coauthors: Assembly Members Berg, Chavez, Frommer, Hancock,
Harman, Levine, Lieber, Liu, Longville, Matthews, and Nation)
(Coauthor: Senator Alarcon)
FEBRUARY 20, 2004
An act to amend Sections 5205.5 and 21655.9 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2628, Pavley. Vehicles: preferential lanes.
(1) Existing law permits the use of exclusive or preferential use
of highway lanes or highway access ramps by super ultra-low emission
vehicles (SULEV), that meet the federal ILEV emission standard, and
that have displayed a distinctive decal, label, or other identifier
issued by the Department of Motor Vehicles.
Existing law requires, if the Metropolitan Transportation
Commission, serving as the Bay Area Toll Authority, grants toll-free
and reduced-rate passage on toll bridges under that commission's
jurisdiction to any vehicle pursuant to law, that commission grant
the same toll-free and reduced-rate passage to vehicles displaying a
valid ULEV or SULEV identifier issued pursuant to the above.
This bill would include a vehicle that was produced during the
2004 model-year or earlier that meets California's ultra-low emission
vehicle (ULEV) and the federal ILEV emission standards, a hybrid
vehicle or an alternative fuel vehicle that meets California's
advanced technology partial zero-emission vehicle (AT PZEV) standard
for criteria pollutant emissions and has a 45 miles per gallon or
greater fuel economy highway rating, and a hybrid vehicle that was
produced during the 2004 model-year or earlier that has a 45 miles
per gallon or greater fuel economy highway rating and meets
California's ultra-low emission vehicle (ULEV), super ultra-low
emission vehicle (SULEV), or partial zero-emission vehicle (PZEV)
standards for exhaust emissions, within the scope of vehicles
permitted to be issued a decal, label, or other identifier to use the
exclusive or preferential highway lanes or highway access ramps.
The bill would permit certain of those vehicles described above that
are registered to an address in the 9-county San Francisco Bay
region, as described, to use the toll-free and reduced-rate passage
privilege on the specified bridges only if the owner of the vehicle
has obtained an automatic vehicle identification account, as
specified. To the extent that this would increase the level of
service of the commission, the bill would impose a state-mandated
local program.
The bill would not allow a hybrid vehicle that meets the AT PZEV
standards, except as specified, or a described hybrid vehicle, to be
issued a decal, label, or other identifier unless and until the
federal government acts to approve the use of high-occupancy vehicle
lanes by those vehicles regardless of the number of occupants.
The bill would require the State Air Resources Board to publish
and maintain a listing of all vehicles eligible for participation in
the above-described programs.
The bill would prohibit the Department of Motor Vehicles from
issuing more than 75,000 decals, labels, or other identifiers for the
specified hybrid vehicles. The bill would require the Department of
Motor Vehicles to stop issuing those decals, labels, or other
identifiers, if the Department of Transportation makes a specified
determination after 50,000 of those decals, labels, and identifiers
are issued for the specified hybrid vehicles.
The bill would, if the automatic vehicle identification system
readers on all high-occupancy vehicle lanes on all of the specific
toll bridges are not fully operational and fully funded with bridge
tolls controlled by the Bay Area Toll Authority within 90 days of the
federal government approval described above, the Metropolitan
Transportation Commission, acting as the Bay Area Toll Authority,
would be required to grant toll-free and reduced-rate passage to all
vehicles displaying an identifier issued by the department and the
department would not be able to require documentation that the owner
of a vehicle registered to an address in the identified region has
obtained an automatic vehicle identification system account as a
condition to the issuance of an identifier.
(2) Existing law authorizes the Governor to remove individual
high-occupancy vehicle lanes, or a portion of those lanes, during
periods of peak congestion from the ILEV and AT PZEV access after
certain findings are made by the Department of Transportation.
This bill would require the Department of Transportation to
undertake that duty rather than authorizing the Governor to undertake
that duty.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5205.5 of the Vehicle Code is amended to read:
5205.5. (a) For the purposes of implementing Section 21655.9, the
department shall make available for issuance, for a fee determined
by the department to be sufficient to reimburse the department for
the actual costs incurred pursuant to this section, distinctive
decals, labels, and other identifiers that clearly distinguish the
following vehicles from other vehicles:
(1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A vehicle that was produced during the 2004 model year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
(3) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions and has a 45 miles
per gallon or greater fuel economy highway rating.
(4) A hybrid vehicle that was produced during the 2004 model year
or earlier and has a 45 miles per gallon or greater fuel economy
highway rating, and meets California's ultra-low emission vehicle
(ULEV), super ultra-low emission vehicle (SULEV), or partial
zero-emission vehicle (PZEV) standards.
(b) Neither an owner of a hybrid vehicle that meets the AT PZEV
standard, with the exception of a vehicle that meets the federal ILEV
standard, nor an owner of a hybrid vehicle described in paragraph
(4) of subdivision (a), is entitled to a decal, label, or other
identifier pursuant to this section unless, and until, the federal
government acts to approve the use of high-occupancy vehicle lanes by
vehicles of the types identified in paragraph (3) or (4) of
subdivision (a), regardless of the number of occupants.
(c) The department shall include a summary of the provisions of
this section on each motor vehicle registration renewal notice, or on
a separate insert, if space is available and the summary can be
included without incurring additional printing or postage costs.
(d) The Department of Transportation shall remove individual
high-occupancy vehicle (HOV) lanes, or portions of those lanes,
during periods of peak congestion from the access provisions provided
in subdivision (a), following a finding by the Department of
Transportation as follows:
(1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
(2) The operation or projected operation of the vehicles described
in subdivision (a) in these lanes, or portions thereof, will
significantly increase congestion.
The finding also shall demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles, or further
increasing vehicle occupancy.
(e) The State Air Resources Board shall publish and maintain a
listing of all vehicles eligible for participation in the programs
described in this section. The board shall provide that listing to
the department.
(f) For purposes of subdivision (a), the Department of the
California Highway Patrol and the department, in consultation with
the Department of Transportation, shall design and specify the
placement of the decal, label, or other identifier on the vehicle.
Each decal, label, or other identifier issued for a vehicle shall
display a unique number, which number shall be printed on, or affixed
to, the vehicle registration.
(g) (1) For purposes of subdivision (a), the department shall
issue no more than 75,000 distinctive decals, labels, or other
identifiers that clearly distinguish the vehicles specified in
paragraphs (3) and (4) of subdivision (a).
(2) The department shall notify the Department of Transportation
immediately after the date on which the department has issued 50,000
decals, labels, and other identifiers under this section for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
(3) The Department of Transportation shall determine whether
significant high-occupancy vehicle lane breakdown has occurred
throughout the state, in accordance with the following timeline:
(A) For lanes that are nearing capacity, the Department of
Transportation shall make the determination not later than 90 days
after the date provided by the department under paragraph (2).
(B) For lanes that are not nearing capacity, the Department of
Transportation shall make the determination not later than 180 days
after the date provided by the department under paragraph (2).
(4) In making the determination that significant high-occupancy
vehicle lane breakdown has occurred, the Department of Transportation
shall consider the following factors in the HOV lane:
(A) Reduction in level of service.
(B) Sustained stop-and-go conditions.
(C) Slower than average speed than the adjacent mixed flow lanes.
(D) Consistent increase in travel time.
(5) After making the determinations pursuant to subparagraphs (A)
and (B) of paragraph (3), if the Department of Transportation
determines that significant high-occupancy vehicle lane breakdown has
occurred throughout the state, the Department of Transportation
shall immediately notify the department of that determination, and
the department, on the date of receiving that notification, shall
discontinue issuing the decals, labels, or other identifiers for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
(h) If the Metropolitan Transportation Commission, serving as the
Bay Area Toll Authority, grants toll-free and reduced-rate passage on
toll bridges under its jurisdiction to any vehicle pursuant to
Section 30102.5 of the Streets and Highways Code, it shall also grant
the same toll-free and reduced-rate passage to a vehicle displaying
an identifier issued by the department pursuant to paragraph (1) or
(2) of subdivision (a) and to a vehicle displaying a valid identifier
issued by the department pursuant to paragraph (3) or (4) of
subdivision (a) if either of the following apply:
(1) The vehicle is registered to an address outside of the region
identified in Section 66502 of the Government Code.
(2) If the vehicle is registered to an address inside the region,
the owner of the vehicle complies with subdivision (i) unless
subdivision (j) is applicable..
(i) An owner of a vehicle specified in paragraph (3) or (4) of
subdivision (a) whose vehicle is registered to an address in the
region identified in Section 66502 of the Government Code and who
seeks a vehicle identifier under subdivision (a) shall obtain an
account to operate within the automatic vehicle identification system
described in Section 27565 of the Streets and Highways Code and
shall submit to the department a form, approved by the department and
issued by the Bay Area Toll Authority, that contains the vehicle
owner's name, the license plate number and vehicle identification
number of the vehicle, the vehicle make and year model, and the
automatic vehicle identification system account number, as a
condition to obtaining a vehicle identifier pursuant to subdivision
(a) that allows for the use of that vehicle in high-occupancy vehicle
lanes regardless of the number of occupants.
(j) If the automatic vehicle identification system readers on all
high-occupancy vehicle lanes on all of the toll bridges identified in
subdivision (a) of Section 30910 of the Streets and Highways Code
are not fully operational and fully funded with bridge tolls
controlled by the Bay Area Toll Authority within 90 days of the
federal government approval described in subdivision (b), then
subdivision (i) shall not be applicable and both of the following
shall apply:
(1) The Metropolitan Transportation Commission, acting as the Bay
Area Toll Authority, shall grant toll-free and reduced-rate passage
to all vehicles displaying an identifier issued by the department
pursuant to subdivision (a).
(2) The department shall not require documentation that the owner
of a vehicle registered to an address in the region identified in
Section 66502 of the Government Code has obtained an automatic
vehicle identification system account as a condition to the issuance
of an identifier under subdivision (a).
(k) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 2. Section 21655.9 of the Vehicle Code is amended to read:
21655.9. (a) Whenever the Department of Transportation authorizes
or permits exclusive or preferential use of highway lanes or highway
access ramps for high-occupancy vehicles pursuant to Section
21655.5, the use of those lanes or ramps shall also be extended to
vehicles that are issued distinctive decals, labels, or other
identifiers pursuant to Section 5205.5 regardless of vehicle
occupancy or ownership.
(b) No person shall drive a vehicle described in subdivision (a)
of Section 5205.5 with a single occupant upon a high-occupancy
vehicle lane pursuant to this section unless the decal, label, or
other identifier issued pursuant to Section 5205.5 is properly
displayed on the vehicle, and the vehicle registration described in
Section 5205.5 is with the vehicle.
(c) No person shall operate or own a vehicle displaying a decal,
label, or other identifier, as described in Section 5205.5, if that
decal, label, or identifier was not issued for that vehicle pursuant
to Section 5205.5. A violation of this subdivision is a misdemeanor.
(d) If the provisions in Section 5205.5 authorizing the department
to issue decals, labels, or other identifiers to hybrid and
alternative fuel vehicles are repealed, vehicles displaying those
decals, labels, or other identifiers shall not access high-occupancy
vehicle lanes without meeting the occupancy requirements otherwise
applicable to those lanes.
(e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.