AB 266, as amended, Blumenfield. Vehicles: high-occupancy vehicle lanes.
begin insertExisting federal law authorizes, until September 30, 2017, a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs).
end insertExistingbegin insert stateend insert law authorizes the Department of Transportation to designate certain lanes for the exclusive use ofbegin delete high-occupancy vehicles (HOVs),end deletebegin insert HOVs,end insert 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 for certain low-emission vehicles to January 1, 2019,begin delete or,end deletebegin insert or until federal authorization expires, orend insert until the Secretary of State receives that specified notice, whichever occurs first. The bill would until January 1, 2015, or until the Secretary of State receives that specified notice, authorize the department to issue a valid identifier to a vehicle that meets California’s transitional
zero-emission vehicle (TZEV) standard. The bill would also repeal duplicate provisions of law, delete obsolete provisions of law relating to hybrid vehicles, and make additional conforming changes.
By extending a crime that otherwise would be inoperative, the bill would impose a state-mandated local program.
This bill would incorporate additional substantive changes in Sections 5205.5 and 21655.9 of the Vehicle Code made by SB 286, to become operative if SB 286 and this bill become effective on or before January 1, 2014, and this bill is enacted last.
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.
begin insertThe bill would become operative only if SB 286 is enacted and takes effect on or before January 1, 2014.
end insertVote: 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 amended
2by Section 2 of Chapter 674 of the Statutes of 2012, is amended
3to read:
(a) For 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.
P3 1(2) A vehicle that was produced during the 2004 model-year or
2earlier and meets California ultra-low emission vehicle (ULEV)
3standard for exhaust emissions and the federal ILEV standard.
4(3) A vehicle that meets California’s enhanced advanced
5technology partial zero-emission vehicle (enhanced AT PZEV)
6standard or transitional zero-emission vehicle (TZEV) standard.
7(b) The department shall include a summary of the provisions
8of this section on each motor vehicle registration renewal notice,
9or on a separate insert, if space is available and the summary can
10be included without incurring additional printing or postage costs.
11(c) The Department of Transportation shall remove
individual
12HOV lanes, or portions of those lanes, during periods of peak
13congestion from the access provisions provided in subdivision (a),
14following a finding by the Department of Transportation as follows:
15(1) The lane, or portion thereof, exceeds a level of service C,
16as discussed in subdivision (b) of Section 65089 of the Government
17Code.
18(2) The operation or projected operation of the vehicles
19described in subdivision (a) in these lanes, or portions thereof, will
20significantly increase congestion.
21(3) The finding shall also demonstrate the infeasibility of
22alleviating the congestion by other means, including, but not
23limited to, reducing the use of the lane by noneligible vehicles or
24further increasing vehicle
occupancy.
25(d) The State Air Resources Board shall publish and maintain
26a listing of all vehicles eligible for participation in the programs
27described in this section. The board shall provide that listing to
28the department.
29(e) (1) For purposes of subdivision (a), the Department of the
30California Highway Patrol and the department, in consultation
31with the Department of Transportation, shall design and specify
32the placement of the decal, label, or other identifier on the vehicle.
33Each decal, label, or other identifier issued for a vehicle shall
34display a unique number, which number shall be printed on, or
35affixed to, the vehicle registration.
36(2) Decals, labels, or other identifiers designed pursuant
to this
37subdivision for a vehicle described in paragraph (3) of subdivision
38(a) shall be distinguishable from the decals, labels, or other
39identifiers that are designed for vehicles described in paragraphs
40(1) and (2) of subdivision (a).
P4 1(f) (1) Except as provided in paragraph (2), for purposes of
2paragraph (3) of subdivision (a), the department shall issue no
3more than 40,000 distinctive decals, labels, or other identifiers that
4clearly distinguish a vehicle specified in paragraph (3) of
5subdivision (a).
6(2) The department may issue a decal, label, or other identifier
7for a vehicle that satisfies all of the following conditions:
8(A) The vehicle is of a type identified in paragraph (3) of
9subdivision
(a).
10(B) The owner of the vehicle is the owner of a vehicle for which
11a decal, label, or other identifier described in paragraph (1) was
12previously issued and that vehicle for which the decal, label, or
13other identifier was previously issued is determined by the
14department, on the basis of satisfactory proof submitted by the
15owner to the department, to be a nonrepairable vehicle or a total
16loss salvage vehicle.
17(C) The owner of the vehicle applied for a decal, label, or other
18identifier pursuant to this paragraph within six months of the date
19on which the vehicle for which a decal, label, or other identifier
20was previously issued is declared to be a nonrepairable vehicle or
21a total loss salvage vehicle.
22(g) If the
Metropolitan Transportation Commission, serving as
23the Bay Area Toll Authority, grants toll-free and reduced-rate
24passage on toll bridges under its jurisdiction to a vehicle pursuant
25to Section 30102.5 of the Streets and Highways Code, it shall also
26grant the same toll-free and reduced-rate passage to a vehicle
27displaying an identifier issued by the department pursuant to
28paragraph (1) or (2) of subdivision
(a).
29(h) (1) Notwithstanding Section 21655.9, and except as
30provided in paragraph (2), a vehicle described in subdivision (a)
31that displays a decal, label, or identifier issued pursuant to this
32section shall be exempt from toll charges imposed on
33single-occupant vehicles in high-occupancy toll lanes as described
34in Section 149.7 of the Streets and Highways Code unless
35prohibited by federal law.
36(2) (A) Paragraph (1) does not apply to the imposition of a toll
37imposed for passage on a toll road or toll highway, that is not a
38high-occupancy toll lane as described in Section 149.7 of the
39Streets and Highways Code.
P5 1(B) On or before March 1, 2014, paragraph (1) does
not apply
2to the imposition of a toll imposed for passage in lanes designated
3
for tolls pursuant to the federally supported value pricing and
4transit development demonstration program operated pursuant to
5Section 149.9 of the Streets and Highways Code for State Highway
6Route 10 or 110.
7(C) Paragraph (1) does not apply to the imposition of a toll
8charged for crossing a state-owned bridge.
9(i) If the Director of Transportation determines that federal law
10does not authorize the state to allow vehicles that are identified by
11distinctive decals, labels, or other identifiers on vehicles described
12in subdivision (a) to use highway lanes or highway access ramps
13for high-occupancy vehicles regardless of vehicle occupancy, the
14Director of Transportation shall submit a notice of that
15determination to the Secretary of State.
16(j) (1) This section shall not apply to a vehicle described in
17paragraph (3) of subdivision (a) on or after January 1, 2015, or the
18date that the Secretary of State receives the notice described in
19subdivision (i), whichever occurs first.
20(2) This section shall become inoperative on January 1, 2019,
21begin insert or the date the federal authorization pursuant to Section 166 of
22Title 23 of the United States Code expires, end insert orbegin delete onend delete the date that the
23Secretary of State receives the notice described in subdivision (i),
24whichever occurs first, and, as of January 1, 2019, is repealed,
25unless a later enacted statute, that becomes operative on or before
26January 1, 2019, deletes or extends the dates on which it becomes
27inoperative and is repealed.
Section 5205.5 of the Vehicle Code, as amended by
29
Section 2 of Chapter 674 of the Statutes of 2012, is amended to
30read:
(a) For purposes of implementing Section 21655.9,
32the department shall make available for issuance, for a fee
33determined by the department to be sufficient to reimburse the
34department for the actual costs incurred pursuant to this section,
35distinctive decals, labels, and other identifiers that clearly
36distinguish the following vehicles from other vehicles:
37(1) A vehicle that meets California’s super ultra-low emission
38vehicle (SULEV) standard for exhaust emissions and the federal
39inherently low-emission vehicle (ILEV) evaporative emission
P6 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 ultra-low emission vehicle (ULEV)
5standard for exhaust emissions and the federal ILEV standard.
6(3) A vehicle that meets California’s enhanced advanced
7technology partial zero-emission vehicle (enhanced AT PZEV)
8standard or transitional zero emission vehicle (TZEV) standard.
9(b) The department shall include a summary of the provisions
10of this section on each motor vehicle registration renewal notice,
11or on a separate insert, if space is available and the summary can
12be included without incurring additional printing or postage costs.
13(c) The Department of Transportation shall remove
individual
14HOV lanes, or portions of those lanes, during periods of peak
15congestion from the access provisions provided in subdivision (a),
16following a finding by the Department of Transportation as follows:
17(1) The lane, or portion thereof, exceeds a level of service C,
18as discussed in subdivision (b) of Section 65089 of the Government
19Code.
20(2) The operation or projected operation of the vehicles
21described in subdivision (a) in these lanes, or portions thereof, will
22significantly increase congestion.
23(3) The finding shall also demonstrate the infeasibility of
24alleviating the congestion by other means, including, but not
25limited to, reducing the use of the lane by noneligible vehicles or
26further increasing vehicle
occupancy.
27(d) The State Air Resources Board shall publish and maintain
28a listing of all vehicles eligible for participation in the programs
29described in this section. The board shall provide that listing to
30the department.
31(e) (1) For purposes of subdivision (a), the Department of the
32California Highway Patrol and the department, in consultation
33with the Department of Transportation, shall design and specify
34the placement of the decal, label, or other identifier on the vehicle.
35Each decal, label, or other identifier issued for a vehicle shall
36display a unique number, which number shall be printed on, or
37affixed to, the vehicle registration.
38(2) Decals, labels, or other identifiers designed pursuant
to this
39subdivision for a vehicle described in paragraph (3) of subdivision
40(a) shall be distinguishable from the decals, labels, or other
P7 1identifiers that are designed for vehicles described in paragraphs
2(1) and (2) of subdivision (a).
3(f) (1) Except as provided in paragraph (2), for purposes of
4paragraph (3) of subdivision (a), the department shall issue no
5more than 40,000 distinctive decals, labels, or other identifiers that
6clearly distinguish a vehicle specified in paragraph (3) of
7subdivision (a).
8(2) The department may issue a decal, label, or other identifier
9for a vehicle that satisfies all of the following conditions:
10(A) The vehicle is of a type identified in paragraph (3) of
11subdivision
(a).
12(B) The owner of the vehicle is the owner of a vehicle for which
13a decal, label, or other identifier described in paragraph (1) was
14previously issued and that vehicle for which the decal, label, or
15other identifier was previously issued is determined by the
16department, on the basis of satisfactory proof submitted by the
17owner to the department, to be a nonrepairable vehicle or a total
18loss salvage vehicle.
19(C) The owner of the vehicle applied for a decal, label, or other
20identifier pursuant to this paragraph within six months of the date
21on which the vehicle for which a decal, label, or other identifier
22was previously issued is declared to be a nonrepairable vehicle or
23a total loss salvage vehicle.
24(g) If the
Metropolitan Transportation Commission, serving as
25the Bay Area Toll Authority, grants toll-free and reduced-rate
26passage on toll bridges under its jurisdiction to a vehicle pursuant
27to Section 30102.5 of the Streets and Highways Code, it shall also
28grant the same toll-free and reduced-rate passage to a vehicle
29displaying an identifier issued by the department pursuant to
30paragraph (1) or (2) of subdivision
(a).
31(h) (1) Notwithstanding Section 21655.9, and except as
32provided in paragraph (2), a vehicle described in subdivision (a)
33that displays a decal, label, or identifier issued pursuant to this
34section shall be exempt from toll charges imposed on
35single-occupant vehicles in high-occupancy toll lanes as described
36in Section 149.7 of the Streets and Highways Code unless
37prohibited by federal law.
38(2) (A) Paragraph (1) does not apply to the imposition of a toll
39imposed for passage on a toll road or toll highway, that is not a
P8 1high-occupancy toll lane as described in Section 149.7 of the
2Streets and Highways Code.
3(B) On or before March 1, 2014, paragraph
(1) does not apply
4to the imposition of a toll imposed for passage in lanes designated
5for tolls pursuant to the federally supported value pricing and
6transit development demonstration program operated pursuant to
7Section 149.9 of the Streets and Highways Code for State Highway
8Route 10 or 110.
9(C) Paragraph (1) does not apply to the imposition of a toll
10charged for crossing a state-owned bridge.
11(i) If the Director of Transportation determines that federal law
12does not authorize the state to allow vehicles that are identified by
13distinctive decals, labels, or other identifiers on vehicles described
14in subdivision (a) to use highway lanes or highway access ramps
15for high-occupancy vehicles regardless of vehicle occupancy, the
16Director of Transportation shall submit a notice
of that
17determination to the Secretary of State.
18(j) This section shall become inoperative on January 1, 2019,
19begin insert or the date the federal authorization pursuant to Section 166 of
20Title 23 of the United States Code expires, end insert orbegin delete onend delete the date that the
21Secretary of State receives the notice described in subdivision (i),
22whichever occurs first, and, as of January 1, 2019, is repealed,
23unless a later enacted statute, that becomes operative on or before
24January 1, 2019, deletes or extends the dates on which it becomes
25inoperative and is repealed.
Section 5205.5 of the Vehicle Code, as added by
27Section 1 of Chapter 37 of the Statutes of 2010, is repealed.
Section 21655.9 of the Vehicle Code is amended to
29read:
(a) (1) Whenever the Department of Transportation
31or a local authority authorizes or permits exclusive or preferential
32use of highway lanes or highway access ramps for high-occupancy
33vehicles pursuant to Section 21655.5, the use of those lanes or
34ramps shall also be extended to vehicles that are issued distinctive
35decals, labels, or other identifiers pursuant to Section 5205.5
36regardless of vehicle occupancy or ownership.
37(2) A local authority during periods of peak congestion shall
38suspend for a lane the access privileges extended pursuant to
39paragraph (1) for those vehicles issued distinctive decals, labels,
40or other identifiers pursuant to Section 5205.5, if a
periodic review
P9 1of lane performance by that local authority discloses both of the
2following factors regarding the lane:
3(A) The lane, or a portion of the lane, exceeds a level of service
4C, as described in subdivision (b) of Section 65089 of the
5Government Code.
6(B) The operation or projected operation of vehicles in the lane,
7or a portion of the lane, will significantly increase congestion.
8(b) A person shall not drive a vehicle described in subdivision
9(a) of Section 5205.5 with a single occupant upon a high-occupancy
10vehicle lane pursuant to this section unless the decal, label, or other
11identifier issued pursuant to Section 5205.5 is properly displayed
12on the vehicle, and the vehicle registration described in Section
135205.5
is with the vehicle.
14(c) A person shall not operate or own a vehicle displaying a
15decal, label, or other identifier, as described in Section 5205.5, if
16that decal, label, or identifier was not issued for that vehicle
17pursuant to Section 5205.5. A violation of this subdivision is a
18misdemeanor.
19(d) If the provisions in Section 5205.5 authorizing the
20department to issue decals, labels, or other identifiers to hybrid
21and alternative fuel vehicles are repealed, vehicles displaying those
22decals, labels, or other identifiers shall not access high-occupancy
23vehicle lanes without meeting the occupancy requirements
24otherwise applicable to those lanes.
25(e) (1) This section shall not apply to a vehicle described
in
26paragraph (3) of subdivision (a) of Section 5205.5 on or after
27January 1, 2015, or the date that the Secretary of State receives
28the notice described in subdivision (i) of Section 5205.5, whichever
29occurs first.
30(2) This section shall become inoperative on January 1, 2019,
31begin insert or the date federal authorization pursuant to Section 166 of Title
3223 of the United States Code expires, end insert orbegin delete onend delete the date that the
33Secretary of State receives the notice described in subdivision (i)
34of Section 5205.5, whichever occurs first, and, as of January 1,
352019, is repealed, unless a later enacted statute, that becomes
36operative on or before January 1, 2019, deletes or extends the dates
37on which it becomes inoperative and is repealed.
Section 21655.9 of the Vehicle Code is amended to
39read:
(a) (1) Whenever the Department of Transportation
2or a local authority authorizes or permits exclusive or preferential
3use of highway lanes or highway access ramps for high-occupancy
4vehicles pursuant to Section 21655.5, the use of those lanes or
5ramps shall also be extended to vehicles that are issued distinctive
6decals, labels, or other identifiers pursuant to Section 5205.5
7regardless of vehicle occupancy or ownership.
8(2) A local authority during periods of peak congestion shall
9suspend for a lane the access privileges extended pursuant to
10paragraph (1) for those vehicles issued distinctive decals, labels,
11or other identifiers pursuant to Section 5205.5, if a
periodic review
12of lane performance by that local authority discloses both of the
13following factors regarding the lane:
14(A) The lane, or a portion of the lane, exceeds a level of service
15C, as described in subdivision (b) of Section 65089 of the
16Government Code.
17(B) The operation or projected operation of vehicles in the lane,
18or a portion of the lane, will significantly increase congestion.
19(b) A person shall not drive a vehicle described in subdivision
20(a) of Section 5205.5 with a single occupant upon a high-occupancy
21vehicle lane pursuant to this section unless the decal, label, or other
22identifier issued pursuant to Section 5205.5 is properly displayed
23on the vehicle, and the vehicle registration described in Section
245205.5
is with the vehicle.
25(c) A person shall not operate or own a vehicle displaying a
26decal, label, or other identifier, as described in Section 5205.5, if
27that decal, label, or identifier was not issued for that vehicle
28pursuant to Section 5205.5. A violation of this subdivision is a
29misdemeanor.
30(d) If the provisions in Section 5205.5 authorizing the
31department to issue decals, labels, or other identifiers to hybrid
32and alternative fuel vehicles are repealed, vehicles displaying those
33decals, labels, or other identifiers shall not access high-occupancy
34vehicle lanes without meeting the occupancy requirements
35otherwise applicable to those lanes.
36(e) This section shall become inoperative on January 1, 2019,
37begin insert or the date the federal authorization pursuant to Section 166 of
38Title 23 of the United States Code expires, end insert orbegin delete onend delete the date that the
39Secretary of State receives the notice described in subdivision (i)
40of Section 5205.5, whichever occurs first, and, as of January 1,
P11 12019, is repealed, unless a later enacted statute, that becomes
2operative on or before January 1, 2019, deletes or extends the dates
3on which it becomes inoperative and is repealed.
(a) Section 1.5 of this bill incorporates substantive
5amendments to Section 5205.5 of the Vehicle Code proposed by
6both this bill and Senate Bill 286. It shall only become operative
7if (1) both bills are enacted and become effective on or before
8January 1, 2014, (2) each bill amends Section 5205.5 of the Vehicle
9Code, and (3) this bill is enacted after Senate Bill 286, in which
10case Section 1 of this bill shall not become operative.
11(b) Section 3.5 of this bill incorporates substantive amendments
12to Section 21655.9 of the Vehicle Code proposed by both this bill
13and Senate Bill 286. It
shall only become operative if (1) both bills
14are enacted and become effective on or before January 1, 2014,
15(2) each bill amends Section 21655.9 of the Vehicle Code, and (3)
16this bill is enacted after Senate Bill 286, in which case Section 3
17of this bill shall not become operative.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
This act shall become operative only if Senate Bill 286
28is enacted and becomes effective on or before January 1, 2014.
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