BILL NUMBER: SB 535	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009
	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN ASSEMBLY  JUNE 22, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 27, 2009

   An act to amend Sections 5205.5, 21655.9, and 40000.13 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 535, as amended, Yee. Vehicles: high-occupancy vehicle lanes.
   (1) 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,
or until the Secretary of State receives a specified notice, by
certain low-emission, hybrid, or alternative fuel vehicles not
carrying the requisite number of passengers otherwise required for
the use of an HOV lane, if the vehicle displays a valid identifier. A
violation of provisions relating to HOV lane use by vehicles with
those identifiers is a crime.
   This bill would revise that provision to provide that it shall
remain in effect only until  January 1, 2015, or until  the
Secretary of State receives that specified notice, with respect to a
vehicle that meets California's super ultra-low exhaust emission
standard and the federal inherently low-emission evaporative emission
(ILEV) standard and a vehicle produced during the 2004 model-year or
earlier that meets the California ultra-low emission vehicle
standard and the ILEV standard. With respect to all other vehicles
described above, this provision shall be operative only until
 January   July  1, 2011, or only until the
Secretary of State receives that specified notice, whichever occurs
first. 
   Existing law requires the Department of Transportation to remove
individual HOV lanes, or portions of those lanes, during periods of
peak congestion, after making certain findings, including, among
other things, a finding that the department 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. 

   This bill would delete this required finding. 
   The bill, between January 1,  2011   2012
 , and January 1,  2014   2015  ,
would require the Department of Motor Vehicles to issue up to
 65,000   40,000  identifiers  , that
are distinguishable from the identifiers issued for low-emission,
hybrid, and alternative fuel vehicles,  to vehicles that meet
California's enhanced advanced technology partial zero-emission
vehicle (enhanced AT PZEV) standard  and have a 65 miles per
gallon or greater combined fuel economy rating  , except the
department's authorization to do so would end if the secretary
receives the specified notice before then. The bill would authorize
vehicles with that identifier to use HOV lanes until January 1,
 2014   2015  , or until the Secretary of
State receives a specified notice, whichever occurs first.
   By extending and changing the definition of a crime, the bill
would impose a state-mandated local program.
   The bill would make technical and conforming changes.
   (2) 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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 ULEV, SULEV, or partial
zero-emission vehicle (PZEV) standards.
   (5) A vehicle that meets California's enhanced advanced technology
partial zero-emission vehicle (enhanced AT PZEV)  standard
and has a 65 miles per gallon or greater combined fuel economy
rating.   standard. 
   (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 (HOV)
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 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)  (1)    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. 
   (2) Decals, labels, or other identifiers designed pursuant to this
subdivision for a vehicle described in paragraph (5) of subdivision
(a) shall be distinguishable from the decals, labels, or other
identifiers that are designed for vehicles described in paragraphs
(1), (2), (3), and (4) of subdivision (a). 
   (g) (1) (A) Except as provided in subparagraph (B), 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).
   (B) The department may issue a decal, label, or other identifier
for a vehicle that satisfies all of the following conditions:
   (i) The vehicle is of a type identified in paragraph (3) or (4) of
subdivision (a).
   (ii) The owner of the vehicle is the owner of a vehicle for which
a decal, label, or identifier described in subparagraph (A) was
previously issued and that vehicle for which the decal, label, or
identifier was previously issued is determined by the department, on
the basis of satisfactory proof submitted by the owner to the
department, to be a nonrepairable vehicle or a total loss salvage
vehicle.
   (iii) The owner of the vehicle applied for a decal, label, or
other identifier pursuant to this subparagraph on or before March 31,
2009, or within six months of the date on which the vehicle for
which a decal, label, or identifier was previously issued is declared
to be a nonrepairable vehicle or a total loss salvage vehicle,
whichever date is later.
   (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 HOV 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 HOV 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 HOV 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) (1) Except as provided in paragraph (2), for purposes of
paragraph (5) of subdivision (a), the department shall issue no more
than  65,000   40,000  distinctive decals,
labels, or other identifiers that clearly distinguish a vehicle
specified in paragraph (5) of subdivision (a).
   (2) The department may issue a decal, label, or other identifier
for a vehicle that satisfies all of the following conditions:
   (A) The vehicle is of a type identified in paragraph (5) of
subdivision (a).
   (B) The owner of the vehicle is the owner of a vehicle for which a
decal, label, or other identifier described in paragraph (1) was
previously issued and that vehicle for which the decal, label, or
other identifier was previously issued is determined by the
department, on the basis of satisfactory proof submitted by the owner
to the department, to be a nonrepairable vehicle or a total loss
salvage vehicle.
   (C) The owner of the vehicle applied for a decal, label, or other
identifier pursuant to this paragraph within six months of the date
on which the vehicle for which a decal, label, or other identifier
was previously issued is declared to be a nonrepairable vehicle or a
total loss salvage vehicle.
   (i) 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.
   (j) 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 HOV 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 HOV 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.
   (k) Notwithstanding Section 21655.9, a vehicle described in
paragraph (5) of subdivision (a) shall not be exempt from toll
charges imposed on single-occupant vehicles in lanes designated for
tolls pursuant to the federally supported value-pricing and transit
development demonstration program operated pursuant to Section 149.9
of the Streets and Highways Code.
   (l) 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.
   (m) (1) This section shall remain in effect only until 
January 1, 2015, or until  the date the Secretary of State
receives the notice described in subdivision (l),  whichever
occurs first,  and as of that date is repealed.
   (2) However, with respect to a vehicle described in paragraph (3)
or (4) of subdivision (a), this section shall be operative only until
 January   July 1, 2011, or only until the
date the Secretary of State receives the notice described in
subdivision (l), whichever occurs first.
   (3) With respect to a vehicle described in paragraph (5) of
subdivision (a), this section shall become operative on January 1,
 2011   2012  , and shall be operative only
until January 1,  2014   2015  , or until
the date the Secretary of State receives the notice described in
subdivision (l), whichever occurs first.
  SEC. 2.  Section 21655.9 of the Vehicle Code is amended to read:
   21655.9.  (a) (1) Whenever the Department of Transportation or a
local authority 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.
   (2) A local authority during periods of peak congestion shall
suspend for a lane the access privileges extended pursuant to
paragraph (1) for those vehicles issued distinctive decals, labels,
or other identifiers pursuant to Section 5205.5, if a periodic review
of lane performance by that local authority discloses both of the
following factors regarding the lane:
   (A) The lane, or a portion of the lane, exceeds a level of service
C, as described in subdivision (b) of Section 65089 of the
Government Code.
   (B) The operation or projected operation of vehicles in the lane,
or a portion of the lane, will significantly increase congestion.
   (b) A person shall not 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) A person shall not 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) (1) This section shall remain in effect only until 
January 1, 2015, or until  the date that the Secretary of State
receives the notice described in subdivision (l) of Section 5205.5,
 whichever occurs first,  and as of that date is repealed.
   (2) However, with respect to a vehicle described in paragraph (3)
or (4) of subdivision (a) of Section 5205.5, this section shall be
operative only until  January   July  1,
2011, or until the date the Secretary of State receives the notice
described in subdivision (l) of Section 5205.5, whichever occurs
first.
   (3) With respect to a vehicle described in paragraph (5) of
subdivision (a) of Section 5205.5, this section shall become
operative on January 1,  2011  2012  , and
shall be operative only until January 1,  2014  
2015  , or until the date the Secretary of State receives the
notice described in subdivision (l) of Section 5205.5, whichever
occurs first.
  SEC. 3.  Section 40000.13 of the Vehicle Code, as amended by
Section 5 of Chapter 614 of the Statutes of 2006, is amended to read:

   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Subdivision (b) of Section 21651, relating to wrong-way
driving on divided highways.
   (e) Subdivision (c) of Section 21655.9, relating to illegal use of
decals, labels, or other identifiers.
   (f) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (g) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (h) This section shall remain in effect only until the date that
the Secretary of State receives the notice from the Director of
Transportation as described in Section 5205.5, and as of that date is
repealed.
  SEC. 4.  Section 40000.13 of the Vehicle Code, as amended by
Section 6 of Chapter 614 of the Statutes of 2006, is amended to read:

   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Subdivision (b) of Section 21651, relating to wrong-way
driving on divided highways.
   (e) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (f) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (g) This section shall become operative on the date that the
Secretary of State receives the notice from the Director of
Transportation as described in Section 5205.5.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.