AB 266, as amended, 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,begin delete 2025end deletebegin insert 2018, for
certain low-emission vehicles, and would extend the operation of those provisions to January 1, 2020, for other specified low-emission vehicles, as specifiedend insert, orbegin insert, in either case,end insert until the Secretary of State receives that specified noticebegin insert, whichever occurs first. The bill would also repeal duplicate provisions of law, delete obsolete provisions of law relating to hybrid vehicles, and make additional conforming changesend insert.
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:
Section 5205.5 of the Vehicle Code, as added by
2Section 1 of Chapter 37 of the Statutes of 2010, is amended to
3read:
(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.
P3 1(2) The operation or projected operation of the vehicles
2described in subdivision (a) in these lanes, or portions thereof, will
3significantly increase congestion.
4The finding also shall demonstrate the infeasibility of alleviating
5the congestion by other means, including, but not limited to,
6reducing the use of the lane by noneligible vehicles, or further
7increasing vehicle occupancy.
8(d) The State Air Resources Board shall publish and maintain
9a listing of all vehicles eligible for participation in the programs
10described in this
section. The board shall provide that listing to
11the department.
12(e) For purposes of subdivision (a), the Department of the
13California Highway Patrol and the department, in consultation
14with the Department of Transportation, shall design and specify
15
the placement of the decal, label, or other identifier on the vehicle.
16Each decal, label, or other identifier issued for a vehicle shall
17display a unique number, and that number shall be printed on, or
18affixed to, the vehicle registration.
19(f) If the Metropolitan Transportation Commission, serving as
20the Bay Area Toll Authority, grants toll-free and reduced-rate
21passage on toll bridges under its jurisdiction to any vehicle pursuant
22to Section 30102.5 of the Streets and Highways Code, it shall also
23grant the same toll-free and reduced-rate passage to a vehicle
24displaying an identifier issued by the department pursuant to
25paragraph (1) or (2) of subdivision (a).
26(g) If the Director of Transportation determines that federal law
27does not authorize the state to allow
vehicles that are identified by
28distinctive decals, labels, or other identifiers on vehicles described
29in subdivision (a) to use highway lanes or highway access ramps
30for high-occupancy vehicles regardless of vehicle occupancy, the
31Director of Transportation shall submit a notice of that
32determination to the Secretary of State.
33(h) This section shall become operative on January 1, 2011.
34(i) This section shall remain in effect only until January 1,
2025,
35or only until the date the Secretary of State receives the notice
36described in subdivision (g), whichever occurs first, and as of that
37date is repealed.
Section 5205.5 of the Vehicle Code, as
amended
3by Section 2 of Chapter 674 of the Statutes of 2012, is amended
4to read:
(a) For purposes of implementing Section 21655.9,
6the department shall make available for issuance, for a fee
7determined by the department to be sufficient to reimburse the
8department for the actual costs incurred pursuant to this section,
9distinctive decals, labels, and other identifiers that clearly
10distinguish the following vehicles from other vehicles:
11(1) A vehicle that meets California’s super ultra-low emission
12vehicle (SULEV) standard for exhaust emissions and the federal
13inherently low-emission vehicle (ILEV) evaporative emission
14standard, as defined in Part 88 (commencing with Section
1588.101-94) of Title 40 of the Code of Federal Regulations.
16(2) A vehicle that was produced during the 2004 model-year or
17earlier and meets California ultra-low emission vehicle (ULEV)
18standard for exhaust emissions and the federal ILEV standard.
19(3) A hybrid vehicle or an alternative fuel vehicle that meets
20California’s advanced technology partial zero-emission vehicle
21(AT PZEV) standard for criteria pollutant emissions and has a 45
22miles per gallon or greater fuel economy highway rating.
23(4) A hybrid vehicle that was produced during the 2004
24model-year or earlier and has a 45 miles per gallon or greater fuel
25economy highway rating, and meets California’s ULEV, SULEV,
26or partial zero-emission vehicle (PZEV) standards.
27(5)
end delete
28begin insert(3)end insert A vehicle that meets California’s enhanced advanced
29technology partial zero-emission vehicle (enhanced AT PZEV)
30standard.
31(b) Neither an owner of a hybrid vehicle that meets the AT
32PZEV standard, with the exception of a vehicle that meets the
33federal ILEV standard, nor an owner of a hybrid vehicle described
34in paragraph (4) of subdivision (a), is entitled to a decal, label, or
35other identifier pursuant to this section unless the federal
36government acts to approve the use of high-occupancy vehicle
37(HOV) lanes by vehicles of the types identified in paragraph (3)
38or (4) of subdivision (a), regardless of the number of occupants.
39(c)
end delete
P5 1begin insert(b)end insert The department shall include a summary of the provisions
2of this section on each motor vehicle registration renewal notice,
3or on a separate insert, if space is available and the summary can
4be included without incurring additional printing or postage costs.
5(d)
end delete
6begin insert(c)end insert The Department of Transportation shall remove individual
7HOV lanes, or portions of those lanes, during periods of peak
8congestion from the access provisions provided in subdivision (a),
9following
a finding by the Department of Transportation as follows:
10(1) The lane, or portion thereof, exceeds a level of service C,
11as discussed in subdivision (b) of Section 65089 of the Government
12Code.
13(2) The operation or projected operation of the vehicles
14described in subdivision (a) in these lanes, or portions thereof, will
15significantly increase congestion.
16(3) The finding also shall demonstrate the infeasibility of
17alleviating the congestion by other means, including, but not
18limited to, reducing the use of the lane by noneligible vehicles or
19further increasing vehicle occupancy.
20(e)
end delete
21begin insert(d)end insert The State Air Resources Board shall publish and maintain
22a listing of all vehicles eligible for participation in the programs
23described in this section. The board shall provide that listing to
24the department.
25(f)
end delete
26begin insert(e)end insert (1) For purposes of subdivision (a), the Department of the
27California Highway Patrol and the department, in consultation
28with the Department of Transportation, shall design and specify
29the placement of the decal,
label, or other identifier on the vehicle.
30Each decal, label, or other identifier issued for a vehicle shall
31display a unique number, which number shall be printed on, or
32affixed to, the vehicle registration.
33(2) Decals, labels, or other identifiers designed pursuant to this
34subdivision for a vehicle described in paragraphbegin delete (5)end deletebegin insert (3)end insert of
35subdivision (a) shall be distinguishable from the decals, labels, or
36other identifiers that are designed for vehicles described in
37paragraphs (1)begin delete,end deletebegin insert andend insert (2)begin delete, (3), and (4)end delete
of subdivision (a).
38(g) (1) (A) Except as provided in subparagraph (B), for
39purposes of subdivision (a), the department shall issue no more
40than 85,000 distinctive decals, labels, or other identifiers that
P6 1clearly distinguish the vehicles specified in paragraphs (3) and (4)
2of subdivision (a).
3(B) The department may issue a decal, label, or other identifier
4for a vehicle that satisfies all of the following conditions:
5(i) The vehicle is of a type identified in paragraph (3) or (4) of
6subdivision (a).
7(ii) The owner of the vehicle is the owner of a vehicle for which
8a decal, label, or identifier described in subparagraph (A) was
9previously issued and that vehicle for which the decal, label, or
10identifier was previously issued is determined by the department,
11on the basis of satisfactory proof submitted by the owner to the
12department, to be a nonrepairable vehicle or a total loss salvage
13vehicle.
14(iii) The owner of the vehicle applied for a decal, label, or other
15identifier pursuant to this subparagraph on or before March 31,
162009, or within six months of the date on which the vehicle for
17which a decal, label, or identifier was previously issued is declared
18to be a nonrepairable vehicle or a total loss salvage vehicle,
19whichever date is later.
20(2) The department shall notify the Department of Transportation
21immediately after the date on which the department has issued
2250,000 decals, labels, and other identifiers under this section for
23the vehicles described in paragraphs (3) and (4) of subdivision (a).
24(3) The Department of Transportation shall determine whether
25significant HOV lane breakdown has occurred throughout the state,
26in accordance with the following timeline:
27(A) For lanes that are nearing capacity, the Department of
28Transportation shall make the determination not later than 90 days
29after the date provided by the department under paragraph (2).
30(B) For lanes that are not nearing capacity, the Department of
31
Transportation shall make the determination not later than 180
32days after the date provided by the department under paragraph
33(2).
34(4) In making the determination that significant HOV lane
35breakdown has occurred, the Department of Transportation shall
36consider the following factors in the HOV lane:
37(A) Reduction in level of service.
38(B) Sustained stop-and-go conditions.
39(C) Slower than average speed than the adjacent mixed-flow
40lanes.
P7 1(D) Consistent increase in travel time.
2(5) After making the determinations pursuant to
subparagraphs
3(A) and (B) of paragraph (3), if the Department of Transportation
4determines that significant HOV lane breakdown has occurred
5throughout the state, the Department of Transportation shall
6immediately notify the department of that determination, and the
7department, on the date of receiving that notification, shall
8discontinue issuing the decals, labels, or other identifiers for the
9vehicles described in paragraphs (3) and (4) of subdivision (a).
10(h)
end delete
11begin insert(f)end insert (1) Except as provided in paragraph (2), for purposes of
12paragraphbegin delete (5)end deletebegin insert
(3)end insert of subdivision (a), the department shall issue no
13more than 40,000 distinctive decals, labels, or other identifiers that
14clearly distinguish a vehicle specified in paragraphbegin delete (5)end deletebegin insert (3)end insert of
15subdivision (a).
16(2) The department may issue a decal, label, or other identifier
17for a vehicle that satisfies all of the following conditions:
18(A) The vehicle is of a type identified in paragraphbegin delete (5)end deletebegin insert (3)end insert of
19subdivision
(a).
20(B) The owner of the vehicle is the owner of a vehicle for which
21a decal, label, or other identifier described in paragraph (1) was
22previously issued and that vehicle for which the decal, label, or
23other identifier was previously issued is determined by the
24department, on the basis of satisfactory proof submitted by the
25owner to the department, to be a nonrepairable vehicle or a total
26loss salvage vehicle.
27(C) The owner of the vehicle applied for a decal, label, or other
28identifier pursuant to this paragraph within six months of the date
29on which the vehicle for which a decal, label, or other identifier
30was previously issued is declared to be a nonrepairable vehicle or
31a total loss salvage vehicle.
32(i)
end delete
33begin insert(g)end insert If the Metropolitan Transportation Commission, serving as
34the Bay Area Toll Authority, grants toll-free and reduced-rate
35passage on toll bridges under its jurisdiction to a vehicle pursuant
36to Section 30102.5 of the Streets and Highways Code, it shall also
37grant the same toll-free and reduced-rate passage to a vehicle
38displaying an identifier issued by the department pursuant to
39paragraph (1) or (2) of subdivision (a)begin delete and to a vehicle displaying if the vehicle is registered to an address
40a valid identifier issued by the department pursuant to paragraph
P8 1(3) or (4) of subdivision (a)end delete
2outside of the region identified in Section 66502 of the Government
3Code.
4(j) An owner of a vehicle specified in paragraph (3) or (4) of
5subdivision (a) whose vehicle is registered to an address in the
6region identified in Section 66502 of the Government Code and
7who seeks a vehicle identifier under subdivision (a) in order to
8have access to an HOV lane within the jurisdiction of the Bay Area
9Toll Authority shall do both of the following:
10(1) Obtain and maintain an active account to operate within the
11automatic vehicle identification system described in Section 27565
12of the Streets and Highways Code and shall submit to the
13department a form, approved by the department and issued by the
14Bay Area Toll Authority, that contains the vehicle owner’s name,
15the license plate number and vehicle identification number of the
16vehicle, the vehicle make and year
model, and the automatic
17vehicle identification system account number, as a condition to
18obtaining a vehicle identifier pursuant to subdivision (a) that allows
19for the use of that vehicle in HOV lanes regardless of the number
20of occupants.
21(2) Be eligible for toll-free or reduced-rate passage on toll
22bridges within the jurisdiction of the Bay Area Toll Authority only
23if, at time of passage, the vehicle meets the passenger occupancy
24rate requirement established for that toll-free or reduced-rate
25passage.
26(k)
end delete
27begin insert(h)end insert (1) Notwithstanding Section 21655.9, and except as
28provided in paragraph (2), a vehicle described in subdivision (a)
29that displays a decal, label, or identifier issued pursuant to this
30section shall be exempt from toll charges imposed on
31single-occupant vehicles in high-occupancy toll lanes as described
32in Section 149.7 of the Streets and Highways Code unless
33prohibited by federal law.
34(2) (A) Paragraph (1) does not apply to the imposition of a toll
35imposed for passage on a toll road or toll highway, that is not a
36high-occupancy toll lane as described in Section 149.7 of the
37Streets and Highways Code.
38(B) On or before March 1, 2014, paragraph (1) does not apply
39to the imposition of a toll imposed for passage in lanes designated
40
for tolls pursuant to the federally supported value-pricing and
P9 1transit development demonstration program operated pursuant to
2Section 149.9 of the Streets and Highways Code for State Highway
3Route 10 or 110.
4(C) Paragraph (1) does not apply to the imposition of a toll
5charged for crossing a state-owned bridge.
6(l)
end delete
7begin insert(i)end insert If the Director of Transportation determines that federal law
8does not authorize the state to allow vehicles that are identified by
9distinctive decals, labels, or other identifiers on vehicles described
10in
subdivision (a) to use highway lanes or highway access ramps
11for high-occupancy vehicles regardless of vehicle occupancy, the
12Director of Transportation shall submit a notice of that
13determination to the Secretary of State.
14(m)
end delete
15begin insert(j)end insert (1) This section shall remain in effect only until January 1,
16begin delete 2025end deletebegin insert 2020end insert, or until the date the Secretary of State receives the
17notice described in subdivisionbegin delete(l)end deletebegin insert
(i)end insert, whichever occurs first, and
18as of that date is repealed.
19(2) However, with respect to a vehicle described in paragraph
20(3) or (4) of subdivision (a), this section shall be operative only
21until July 1, 2011, or only until the date the Secretary of State
22receives the notice described in subdivision (l), whichever occurs
23first.
24(3)
end delete
25begin insert(2)end insert With respect to a vehicle described in paragraphbegin delete (5)end deletebegin insert
(3)end insert of
26
subdivision (a), this section shall become operative on January 1,
272012, and shall be operative only until January 1,begin delete 2025end deletebegin insert 2018end insert, or
28until the date the Secretary of State receives the notice described
29in subdivisionbegin delete(l)end deletebegin insert (i)end insert, whichever occurs first.
begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert, as added by
31Section 1 of Chapter 37 of the Statutes of 2010, is
repealed.end insert
(a) For the purposes of implementing Section 21655.9,
33the department shall make available for issuance, for a fee
34determined by the department to be sufficient to reimburse the
35department for the actual costs incurred pursuant to this section,
36distinctive decals, labels, and other identifiers that clearly
37distinguish the following vehicles from other vehicles:
38(1) A vehicle that meets California’s super ultra-low emission
39vehicle (SULEV) standard for exhaust emissions and the federal
40inherently low-emission vehicle (ILEV) evaporative emission
P10 1standard, as defined in Part 88 (commencing with Section
288.101-94) of Title 40 of the Code of Federal Regulations.
3(2) A vehicle that was produced during the 2004 model-year or
4earlier and meets California’s ultra-low emission vehicle (ULEV)
5standard for exhaust emissions and the federal ILEV standard.
6(b) The department shall include a summary of the provisions
7of this section on each motor vehicle registration renewal notice,
8or on a separate insert, if space is available and the summary can
9be included without incurring additional printing or postage costs.
10(c) The Department of Transportation shall remove individual
11HOV lanes, or portions of those lanes, during periods of peak
12congestion from the access provisions provided in subdivision (a),
13following a finding by the Department of Transportation as follows:
14(1) The lane, or portion thereof, exceeds a level of
service C,
15as discussed in subdivision (b) of Section 65089 of the Government
16Code.
17(2) The operation or projected operation of the vehicles
18described in subdivision (a) in these lanes, or portions thereof, will
19significantly increase congestion.
20The finding also shall demonstrate the infeasibility of alleviating
21the congestion by other means, including, but not limited to,
22reducing the use of the lane by noneligible vehicles, or further
23increasing vehicle occupancy.
24(d) The State Air Resources Board shall publish and maintain
25a listing of all vehicles eligible for participation in the programs
26described in this section. The board shall provide that listing to
27the department.
28(e) For purposes of subdivision (a), the Department of the
29California Highway Patrol and the
department, in consultation
30with the Department of Transportation, shall design and specify
31the placement of the decal, label, or other identifier on the vehicle.
32Each decal, label, or other identifier issued for a vehicle shall
33display a unique number, and that number shall be printed on, or
34affixed to, the vehicle registration.
35(f) If the Metropolitan Transportation Commission, serving as
36the Bay Area Toll Authority, grants toll-free and reduced-rate
37passage on toll bridges under its jurisdiction to any vehicle pursuant
38to Section 30102.5 of the Streets and Highways Code, it shall also
39grant the same toll-free and reduced-rate passage to a vehicle
P11 1displaying an identifier issued by the department pursuant to
2paragraph (1) or (2) of subdivision (a).
3(g) If the Director of Transportation determines that federal law
4does not authorize the state to allow vehicles that are identified
by
5distinctive decals, labels, or other identifiers on vehicles described
6in subdivision (a) to use highway lanes or highway access ramps
7for high-occupancy vehicles regardless of vehicle occupancy, the
8Director of Transportation shall submit a notice of that
9determination to the Secretary of State.
10(h) This section shall become operative on January 1, 2011.
11(i) This section shall remain in effect only until January 1, 2015,
12or only until the date the Secretary of State receives the notice
13described in subdivision (g), whichever occurs first, and as of that
14date is repealed.
Section 21655.9 of the Vehicle Code is amended to
16read:
(a) (1) Whenever the Department of Transportation
18or a local authority authorizes or permits exclusive or preferential
19use of highway lanes or highway access ramps for high-occupancy
20vehicles pursuant to Section 21655.5, the use of those lanes or
21ramps shall also be extended to vehicles that are issued distinctive
22decals, labels, or other identifiers pursuant to Section 5205.5
23regardless of vehicle occupancy or ownership.
24(2) A local authority during periods of peak congestion shall
25suspend for a lane the access privileges extended pursuant to
26paragraph (1) for those vehicles issued distinctive decals, labels,
27or other identifiers pursuant to Section 5205.5, if a
periodic review
28of lane performance by that local authority discloses both of the
29following factors regarding the lane:
30(A) The lane, or a portion of the lane, exceeds a level of service
31C, as described in subdivision (b) of Section 65089 of the
32Government Code.
33(B) The operation or projected operation of vehicles in the lane,
34or a portion of the lane, will significantly increase congestion.
35(b) A person shall not drive a vehicle described in subdivision
36(a) of Section 5205.5 with a single occupant upon a high-occupancy
37vehicle lane pursuant to this section unless the decal, label, or other
38identifier issued pursuant to Section 5205.5 is properly displayed
39on the vehicle, and the vehicle registration described in Section
405205.5
is with the vehicle.
P12 1(c) A person shall not operate or own a vehicle displaying a
2decal, label, or other identifier, as described in Section 5205.5, if
3that decal, label, or identifier was not issued for that vehicle
4pursuant to Section 5205.5. A violation of this subdivision is a
5misdemeanor.
6(d) If the provisions in Section 5205.5 authorizing the
7department to issue decals, labels, or other identifiers to hybrid
8and alternative fuel vehicles are repealed, vehicles displaying those
9decals, labels, or other identifiers shall not access high-occupancy
10vehicle lanes without meeting the occupancy requirements
11otherwise applicable to those lanes.
12(e) (1) This section shall remain in effect only until
January 1,
13begin delete 2025end deletebegin insert 2020end insert, or until the date that the Secretary of State receives
14the notice described in subdivisionbegin delete(l)end deletebegin insert (i)end insert of Section 5205.5,
15whichever occurs first, and as of that date is repealed.
16(2) However, with respect to a vehicle described in paragraph
17(3) or (4) of subdivision (a) of Section 5205.5, this section shall
18be operative only until July 1, 2011, or until the date the Secretary
19of State receives the notice described in subdivision (l) of Section
205205.5, whichever occurs first.
21(3)
end delete
22begin insert(2)end insert With respect to a vehicle described in paragraphbegin delete (5)end deletebegin insert (3)end insert of
23subdivision (a) of Section 5205.5, this section shall become
24operative on January 1, 2012, and shall be operative only until
25January 1,begin delete 2025end deletebegin insert 2018end insert, or until the date the Secretary of State
26receives the notice described in subdivisionbegin delete(l)end deletebegin insert
(i)end insert
of Section
275205.5, whichever occurs first.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.
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