BILL NUMBER: SB 1374	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Battin

                        FEBRUARY 21, 2008

   An act to amend Section 5205.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1374, as introduced, Battin. Vehicles: HOV Lanes.
   Existing law authorizes the Department of Transportation to
designate certain lanes for the exclusive use of high-occupancy
vehicles (HOVs), which lanes may also be used, until January 1, 2011,
by certain low-emission and hybrid vehicles not carrying the
requisite number of passengers otherwise required for the use of an
HOV lane if the vehicle displays a valid identifier issued by the
Department of Motor Vehicles. The Department of Motor Vehicles is
required to make available 85,000 distinctive decals, labels, and
other identifiers for certain hybrid or alternative fuel vehicles
meeting specified mileage and emission standards.
   This bill would remove the cap on the number of distinctive
decals, labels, and other identifiers that are available. The
Department of Motor Vehicles would also be required to make available
distinctive decals, labels, and other identifiers for vehicles that
have received an offset for their carbon dioxide emissions from a
program certified by the State Air Resources Board. The bill would
provide that owners of these vehicles would not be entitled to
distinctive decals, labels, or other identifiers until the federal
government acts to approve the use of high-occupancy vehicle lanes by
these vehicles, regardless of occupancy.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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. 
   (5) A vehicle that has received an offset for its carbon dioxide
emissions from a program certified by the State Air Resources Board.

   (b)  Neither an   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 
 or  an owner of a hybrid vehicle described in paragraph (4)
of subdivision (a), is  not  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) An owner of a vehicle meeting the requirements of paragraph
(5) of subdivision (a), is not 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 type identified in that paragraph, regardless of the
number of occupants.  
   (c) 
    (d)    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) 
    (e)    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) 
    (f)    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) 
    (g)    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 85,000 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 the vehicle is registered to an address outside of
the region identified in Section 66502 of the Government Code.
   (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) in order to have
access to a high-occupancy vehicle lane within the jurisdiction of
the Bay Area Toll Authority shall do both of the following:
   (1) Obtain and maintain an active 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.
   (2) Be eligible for toll-free or reduced-rate passage on toll
bridges within the jurisdiction of the Bay Area Toll Authority only
if, at time of passage, the vehicle meets the passenger occupancy
rate requirement established for that toll-free or reduced-rate
passage.
   (j) If the Director of Transportation determines that federal law
does not authorize the state to allow vehicles that are identified by
distinctive decals, labels, or other identifiers on vehicles
described in subdivision (a) to use highway lanes or highway access
ramps for high-occupancy vehicles regardless of vehicle occupancy,
the Director of Transportation shall submit a notice of that
determination to the Secretary of State.
   (k) This section shall remain in effect only until January 1,
2011, or only until the date the Secretary of State receives the
notice described in subdivision (j), whichever occurs first, and as
of that date is repealed.