California Legislature—2013–14 Regular Session

Assembly BillNo. 266


Introduced by Assembly Member Blumenfield

February 7, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 266, as introduced, Blumenfield. Vehicles: high-occupancy vehicle 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, 2015, 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 issued by the Department of Motor Vehicles. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime.

This bill would extend the operation of those provisions to January 1, 2025, or until the Secretary of State receives that specified notice.

By extending a crime that otherwise would be inoperative, the bill would impose a state-mandated local program.

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:

P2    1

SECTION 1.  

Section 5205.5 of the Vehicle Code, as added by
2Section 1 of Chapter 37 of the Statutes of 2010, is amended to
3read:

4

5205.5.  

(a) For the purposes of implementing Section 21655.9,
5the department shall make available for issuance, for a fee
6determined by the department to be sufficient to reimburse the
7department for the actual costs incurred pursuant to this section,
8distinctive decals, labels, and other identifiers that clearly
9distinguish the following vehicles from other vehicles:

10(1) A vehicle that meets California’s super ultra-low emission
11vehicle (SULEV) standard for exhaust emissions and the federal
12inherently low-emission vehicle (ILEV) evaporative emission
13standard, as defined in Part 88 (commencing with Section
1488.101-94) of Title 40 of the Code of Federal Regulations.

15(2) A vehicle that was produced during the 2004 model-year or
16earlier and meets California’s ultra-low emission vehicle (ULEV)
17standard for exhaust emissions and the federal ILEV standard.

18(b) The department shall include a summary of the provisions
19of this section on each motor vehicle registration renewal notice,
20or on a separate insert, if space is available and the summary can
21be included without incurring additional printing or postage costs.

22(c) The Department of Transportation shall remove individual
23HOV lanes, or portions of those lanes, during periods of peak
24congestion from the access provisions provided in subdivision (a),
25following a finding by the Department of Transportation as follows:

26(1) The lane, or portion thereof, exceeds a level of service C,
27as discussed in subdivision (b) of Section 65089 of the Government
28Code.

29(2) The operation or projected operation of the vehicles
30described in subdivision (a) in these lanes, or portions thereof, will
31significantly increase congestion.

32The finding also shall demonstrate the infeasibility of alleviating
33the congestion by other means, including, but not limited to,
34reducing the use of the lane by noneligible vehicles, or further
35increasing vehicle occupancy.

P3    1(d) The State Air Resources Board shall publish and maintain
2a listing of all vehicles eligible for participation in the programs
3described in this section. The board shall provide that listing to
4the department.

5(e) For purposes of subdivision (a), the Department of the
6California Highway Patrol and the department, in consultation
7with the Department of Transportation, shall design and specify
8 the placement of the decal, label, or other identifier on the vehicle.
9Each decal, label, or other identifier issued for a vehicle shall
10display a unique number, and that number shall be printed on, or
11affixed to, the vehicle registration.

12(f) If the Metropolitan Transportation Commission, serving as
13the Bay Area Toll Authority, grants toll-free and reduced-rate
14passage on toll bridges under its jurisdiction to any vehicle pursuant
15to Section 30102.5 of the Streets and Highways Code, it shall also
16grant the same toll-free and reduced-rate passage to a vehicle
17displaying an identifier issued by the department pursuant to
18paragraph (1) or (2) of subdivision (a).

19(g) If the Director of Transportation determines that federal law
20does not authorize the state to allow vehicles that are identified by
21distinctive decals, labels, or other identifiers on vehicles described
22in subdivision (a) to use highway lanes or highway access ramps
23for high-occupancy vehicles regardless of vehicle occupancy, the
24Director of Transportation shall submit a notice of that
25determination to the Secretary of State.

26(h) This section shall become operative on January 1, 2011.

27(i) This section shall remain in effect only until January 1,begin delete 2015end delete
28begin insert 2025end insert, or only until the date the Secretary of State receives the
29notice described in subdivision (g), whichever occurs first, and as
30of that date is repealed.

31

SEC. 2.  

Section 5205.5 of the Vehicle Code, as amended by
32Section 2 of Chapter 674 of the Statutes of 2012, is amended to
33read:

34

5205.5.  

(a) For purposes of implementing Section 21655.9,
35the department shall make available for issuance, for a fee
36determined by the department to be sufficient to reimburse the
37department for the actual costs incurred pursuant to this section,
38distinctive decals, labels, and other identifiers that clearly
39distinguish the following vehicles from other vehicles:

P4    1(1) A vehicle that meets California’s super ultra-low emission
2vehicle (SULEV) standard for exhaust emissions and the federal
3inherently low-emission vehicle (ILEV) evaporative emission
4standard, as defined in Part 88 (commencing with Section
588.101-94) of Title 40 of the Code of Federal Regulations.

6(2) A vehicle that was produced during the 2004 model-year or
7earlier and meets California ultra-low emission vehicle (ULEV)
8standard for exhaust emissions and the federal ILEV standard.

9(3) A hybrid vehicle or an alternative fuel vehicle that meets
10California’s advanced technology partial zero-emission vehicle
11(AT PZEV) standard for criteria pollutant emissions and has a 45
12miles per gallon or greater fuel economy highway rating.

13(4) A hybrid vehicle that was produced during the 2004
14model-year or earlier and has a 45 miles per gallon or greater fuel
15economy highway rating, and meets California’s ULEV, SULEV,
16or partial zero-emission vehicle (PZEV) standards.

17(5) A vehicle that meets California’s enhanced advanced
18technology partial zero-emission vehicle (enhanced AT PZEV)
19standard.

20(b) Neither an owner of a hybrid vehicle that meets the AT
21PZEV standard, with the exception of a vehicle that meets the
22federal ILEV standard, nor an owner of a hybrid vehicle described
23in paragraph (4) of subdivision (a), is entitled to a decal, label, or
24other identifier pursuant to this section unless the federal
25government acts to approve the use of high-occupancy vehicle
26(HOV) lanes by vehicles of the types identified in paragraph (3)
27or (4) of subdivision (a), regardless of the number of occupants.

28(c) The department shall include a summary of the provisions
29of this section on each motor vehicle registration renewal notice,
30or on a separate insert, if space is available and the summary can
31be included without incurring additional printing or postage costs.

32(d) The Department of Transportation shall remove individual
33HOV lanes, or portions of those lanes, during periods of peak
34congestion from the access provisions provided in subdivision (a),
35following a finding by the Department of Transportation as follows:

36(1) The lane, or portion thereof, exceeds a level of service C,
37as discussed in subdivision (b) of Section 65089 of the Government
38Code.

P5    1(2) The operation or projected operation of the vehicles
2described in subdivision (a) in these lanes, or portions thereof, will
3significantly increase congestion.

4(e) The State Air Resources Board shall publish and maintain
5a listing of all vehicles eligible for participation in the programs
6described in this section. The board shall provide that listing to
7the department.

8(f) (1) For purposes of subdivision (a), the Department of the
9California Highway Patrol and the department, in consultation
10with the Department of Transportation, shall design and specify
11the placement of the decal, label, or other identifier on the vehicle.
12Each decal, label, or other identifier issued for a vehicle shall
13display a unique number, which number shall be printed on, or
14affixed to, the vehicle registration.

15(2) Decals, labels, or other identifiers designed pursuant to this
16subdivision for a vehicle described in paragraph (5) of subdivision
17(a) shall be distinguishable from the decals, labels, or other
18identifiers that are designed for vehicles described in paragraphs
19(1), (2), (3), and (4) of subdivision (a).

20(g) (1) (A) Except as provided in subparagraph (B), for
21purposes of subdivision (a), the department shall issue no more
22than 85,000 distinctive decals, labels, or other identifiers that
23clearly distinguish the vehicles specified in paragraphs (3) and (4)
24of subdivision (a).

25(B) The department may issue a decal, label, or other identifier
26for a vehicle that satisfies all of the following conditions:

27(i) The vehicle is of a type identified in paragraph (3) or (4) of
28subdivision (a).

29(ii) The owner of the vehicle is the owner of a vehicle for which
30a decal, label, or identifier described in subparagraph (A) was
31previously issued and that vehicle for which the decal, label, or
32identifier was previously issued is determined by the department,
33on the basis of satisfactory proof submitted by the owner to the
34department, to be a nonrepairable vehicle or a total loss salvage
35vehicle.

36(iii) The owner of the vehicle applied for a decal, label, or other
37identifier pursuant to this subparagraph on or before March 31,
382009, or within six months of the date on which the vehicle for
39which a decal, label, or identifier was previously issued is declared
P6    1to be a nonrepairable vehicle or a total loss salvage vehicle,
2whichever date is later.

3(2) The department shall notify the Department of Transportation
4immediately after the date on which the department has issued
550,000 decals, labels, and other identifiers under this section for
6the vehicles described in paragraphs (3) and (4) of subdivision (a).

7(3) The Department of Transportation shall determine whether
8significant HOV lane breakdown has occurred throughout the state,
9in accordance with the following timeline:

10(A) For lanes that are nearing capacity, the Department of
11Transportation shall make the determination not later than 90 days
12after the date provided by the department under paragraph (2).

13(B) For lanes that are not nearing capacity, the Department of
14Transportation shall make the determination not later than 180
15days after the date provided by the department under paragraph
16(2).

17(4) In making the determination that significant HOV lane
18breakdown has occurred, the Department of Transportation shall
19consider the following factors in the HOV lane:

20(A) Reduction in level of service.

21(B) Sustained stop-and-go conditions.

22(C) Slower than average speed than the adjacent mixed-flow
23lanes.

24(D) Consistent increase in travel time.

25(5) After making the determinations pursuant to subparagraphs
26(A) and (B) of paragraph (3), if the Department of Transportation
27determines that significant HOV lane breakdown has occurred
28throughout the state, the Department of Transportation shall
29immediately notify the department of that determination, and the
30department, on the date of receiving that notification, shall
31discontinue issuing the decals, labels, or other identifiers for the
32vehicles described in paragraphs (3) and (4) of subdivision (a).

33(h) (1) Except as provided in paragraph (2), for purposes of
34paragraph (5) of subdivision (a), the department shall issue no
35more than 40,000 distinctive decals, labels, or other identifiers that
36clearly distinguish a vehicle specified in paragraph (5) of
37subdivision (a).

38(2) The department may issue a decal, label, or other identifier
39for a vehicle that satisfies all of the following conditions:

P7    1(A) The vehicle is of a type identified in paragraph (5) of
2subdivision (a).

3(B) The owner of the vehicle is the owner of a vehicle for which
4a decal, label, or other identifier described in paragraph (1) was
5previously issued and that vehicle for which the decal, label, or
6other identifier was previously issued is determined by the
7department, on the basis of satisfactory proof submitted by the
8owner to the department, to be a nonrepairable vehicle or a total
9loss salvage vehicle.

10(C) The owner of the vehicle applied for a decal, label, or other
11identifier pursuant to this paragraph within six months of the date
12on which the vehicle for which a decal, label, or other identifier
13was previously issued is declared to be a nonrepairable vehicle or
14a total loss salvage vehicle.

15(i) If the Metropolitan Transportation Commission, serving as
16the Bay Area Toll Authority, grants toll-free and reduced-rate
17passage on toll bridges under its jurisdiction to a vehicle pursuant
18to Section 30102.5 of the Streets and Highways Code, it shall also
19grant the same toll-free and reduced-rate passage to a vehicle
20displaying an identifier issued by the department pursuant to
21paragraph (1) or (2) of subdivision (a) and to a vehicle displaying
22a valid identifier issued by the department pursuant to paragraph
23(3) or (4) of subdivision (a) if the vehicle is registered to an address
24outside of the region identified in Section 66502 of the Government
25Code.

26(j) An owner of a vehicle specified in paragraph (3) or (4) of
27subdivision (a) whose vehicle is registered to an address in the
28region identified in Section 66502 of the Government Code and
29who seeks a vehicle identifier under subdivision (a) in order to
30have access to an HOV lane within the jurisdiction of the Bay Area
31Toll Authority shall do both of the following:

32(1) Obtain and maintain an active account to operate within the
33automatic vehicle identification system described in Section 27565
34of the Streets and Highways Code and shall submit to the
35department a form, approved by the department and issued by the
36Bay Area Toll Authority, that contains the vehicle owner’s name,
37the license plate number and vehicle identification number of the
38vehicle, the vehicle make and year model, and the automatic
39vehicle identification system account number, as a condition to
40obtaining a vehicle identifier pursuant to subdivision (a) that allows
P8    1for the use of that vehicle in HOV lanes regardless of the number
2of occupants.

3(2) Be eligible for toll-free or reduced-rate passage on toll
4bridges within the jurisdiction of the Bay Area Toll Authority only
5if, at time of passage, the vehicle meets the passenger occupancy
6rate requirement established for that toll-free or reduced-rate
7passage.

8(k) (1) Notwithstanding Section 21655.9, and except as
9provided in paragraph (2), a vehicle described in subdivision (a)
10that displays a decal, label, or identifier issued pursuant to this
11section shall be exempt from toll charges imposed on
12single-occupant vehicles in high-occupancy toll lanes as described
13in Section 149.7 of the Streets and Highways Code unless
14prohibited by federal law.

15(2) (A) Paragraph (1) does not apply to the imposition of a toll
16imposed for passage on a toll road or toll highway, that is not a
17high-occupancy toll lane as described in Section 149.7 of the
18Streets and Highways Code.

19(B) On or before March 1, 2014, paragraph (1) does not apply
20to the imposition of a toll imposed for passage in lanes designated
21for tolls pursuant to the federally supported value-pricing and
22transit development demonstration program operated pursuant to
23Section 149.9 of the Streets and Highways Code for State Highway
24Route 10 or 110.

25(C) Paragraph (1) does not apply to the imposition of a toll
26charged for crossing a state-owned bridge.

27(l) If the Director of Transportation determines that federal law
28does not authorize the state to allow vehicles that are identified by
29distinctive decals, labels, or other identifiers on vehicles described
30in subdivision (a) to use highway lanes or highway access ramps
31for high-occupancy vehicles regardless of vehicle occupancy, the
32Director of Transportation shall submit a notice of that
33determination to the Secretary of State.

34(m) (1) This section shall remain in effect only until January
351,begin delete 2015end deletebegin insert 2025end insert, or until the date the Secretary of State receives the
36notice described in subdivision (l), whichever occurs first, and as
37of that date is repealed.

38(2) However, with respect to a vehicle described in paragraph
39(3) or (4) of subdivision (a), this section shall be operative only
40until July 1, 2011, or only until the date the Secretary of State
P9    1receives the notice described in subdivision (l), whichever occurs
2first.

3(3) With respect to a vehicle described in paragraph (5) of
4 subdivision (a), this section shall become operative on January 1,
52012, and shall be operative only until January 1,begin delete 2015end deletebegin insert 2025end insert, or
6until the date the Secretary of State receives the notice described
7in subdivision (l), whichever occurs first.

8

SEC. 3.  

Section 21655.9 of the Vehicle Code is amended to
9read:

10

21655.9.  

(a) (1) Whenever the Department of Transportation
11or a local authority authorizes or permits exclusive or preferential
12use of highway lanes or highway access ramps for high-occupancy
13vehicles pursuant to Section 21655.5, the use of those lanes or
14ramps shall also be extended to vehicles that are issued distinctive
15decals, labels, or other identifiers pursuant to Section 5205.5
16regardless of vehicle occupancy or ownership.

17(2) A local authority during periods of peak congestion shall
18suspend for a lane the access privileges extended pursuant to
19paragraph (1) for those vehicles issued distinctive decals, labels,
20or other identifiers pursuant to Section 5205.5, if a periodic review
21of lane performance by that local authority discloses both of the
22following factors regarding the lane:

23(A) The lane, or a portion of the lane, exceeds a level of service
24C, as described in subdivision (b) of Section 65089 of the
25Government Code.

26(B) The operation or projected operation of vehicles in the lane,
27or a portion of the lane, will significantly increase congestion.

28(b) A person shall not drive a vehicle described in subdivision
29(a) of Section 5205.5 with a single occupant upon a high-occupancy
30vehicle lane pursuant to this section unless the decal, label, or other
31identifier issued pursuant to Section 5205.5 is properly displayed
32on the vehicle, and the vehicle registration described in Section
335205.5 is with the vehicle.

34(c) A person shall not operate or own a vehicle displaying a
35decal, label, or other identifier, as described in Section 5205.5, if
36that decal, label, or identifier was not issued for that vehicle
37pursuant to Section 5205.5. A violation of this subdivision is a
38misdemeanor.

39(d) If the provisions in Section 5205.5 authorizing the
40department to issue decals, labels, or other identifiers to hybrid
P10   1and alternative fuel vehicles are repealed, vehicles displaying those
2decals, labels, or other identifiers shall not access high-occupancy
3vehicle lanes without meeting the occupancy requirements
4otherwise applicable to those lanes.

5(e) (1) This section shall remain in effect only until January 1,
6begin delete 2015end deletebegin insert 2025end insert, or until the date that the Secretary of State receives
7the notice described in subdivision (l) of Section 5205.5, whichever
8occurs first, and as of that date is repealed.

9(2) However, with respect to a vehicle described in paragraph
10(3) or (4) of subdivision (a) of Section 5205.5, this section shall
11be operative only until July 1, 2011, or until the date the Secretary
12of State receives the notice described in subdivision (l) of Section
135205.5, whichever occurs first.

14(3) With respect to a vehicle described in paragraph (5) of
15subdivision (a) of Section 5205.5, this section shall become
16operative on January 1, 2012, and shall be operative only until
17January 1,begin delete 2015end deletebegin insert 2025end insert, or until the date the Secretary of State
18receives the notice described in subdivision (l) of Section 5205.5,
19whichever occurs first.

20

SEC. 4.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



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