BILL ANALYSIS �
AB 266
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CONCURRENCE IN SENATE AMENDMENTS
AB 266 (Blumenfield and Bloom)
As Amended August 19, 2013
Majority vote
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|ASSEMBLY: |49-22|(May 20, 2013) |SENATE: |29-8 |(September 3, |
| | | | | |2013) |
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Original Committee Reference: TRANS.
SUMMARY : Extends, from January 1, 2015, to January 1, 2019, the
sunset date on provisions of existing law that allows certain
clean air vehicles to use high-occupancy vehicle (HOV) lanes
regardless of vehicle occupancy levels; resolves chaptering-out
conflicts with SB 286 (Yee); and makes passage of this bill
contingent upon passage of SB 286.
The Senate amendments :
1)Limit application of the sunset date extension to the white
sticker program--i.e., electric vehicles and natural gas
vehicles--except for purposes of resolving chaptering out
conflicts with SB 286.
2)Clarify that the authority for clean air vehicles to use HOV
lanes, regardless of occupancy level, extends until January 1,
2019; or the related federal authorization expires; or the
date the Secretary of State receives notice from the Director
the Department of Transportation that federal law no longer
authorizes the state to allow clean air vehicles in the HOV
lanes, whichever comes first.
3)Double-joint this bill with SB 286 (Yee) and make enactment of
this bill contingent on enactment of SB 286.
EXISTING LAW :
1)Directs the Department of Motor Vehicles (DMV) to issue
stickers for the following clean air vehicles, until January
1, 2015, as follows:
a) White clean air vehicle stickers are available to an
unlimited number of qualifying vehicles that meet
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California's super ultra-low emission vehicle standard for
exhaust emissions and the federal inherently low-emission
vehicle (ILEV) evaporative emission standard. This
includes certain zero-emission vehicles. Cars that meet
these requirements are typically certified pure
zero-emission vehicles (100% battery electric and hydrogen
fuel cell) and compressed natural gas vehicles; and,
b) Green clean air vehicle stickers are available to the
first 40,000 applicants that purchase or lease cars meeting
California's enhanced advanced partial zero-emission
vehicles (AT PZEV) requirement.
1)Allows single-occupant clean air vehicles to operate in HOV
lanes until such time as the Department of Transportation
(Caltrans) determines that federal law does not authorize the
state to allow such vehicles to use those lanes. Requires
Caltrans to submit a notice of such a determination to the
Secretary of State, at which time HOV lane access privileges
for single-occupant, clean air vehicles will be terminated.
2)Requires Caltrans to remove individual HOV lanes, or HOV lane
segments, during periods of peak congestion from these access
provisions if it finds that the lane exceeds a level of
service C (generally meaning at or near free-flowing traffic
with minimal delays), and that the operation or projected
operation of clean air vehicles will significantly increase
HOV lane congestion.
3)Authorizes, under the federal Moving Ahead for Progress in the
21st Century Act (MAP-21), until September 30, 2017, states to
allow low-emission, energy-efficient vehicles to use HOV lanes
regardless of occupancy levels.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : An HOV lane, commonly referred to as a "carpool" or
"diamond" lane, is part of a traffic management strategy
designed to provide an incentive for commuters to form carpools
by offering reduced travel times. The declared legislative
intent in establishing these lanes is to relieve traffic
congestion, conserve fuel, and reduce vehicular emissions. Over
the years, advocates for many groups have suggested using HOV
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lane access to reward certain behaviors or to ease the commute
for one class of motorists or another.
HOV lane access to single-occupant clean air vehicles was first
authorized in 1999 with the passage of AB 71 (Cunneen), Chapter
330, Statutes of 1999, for super ultra-low emission vehicles and
ILEV (white sticker vehicles). That access was later expanded
by AB 2628 (Pavley), Chapter 725, Statutes of 2006, to allow
hybrid vehicles. Since allowing large numbers of hybrids into
HOV lanes would reduce the effectiveness of the lanes by
compromising their ability to offer a quicker commute than
adjacent mixed-flow lanes, AB 2628 limited the aggregate number
of stickers for hybrids to 75,000 and allowed Caltrans to
suspend HOV lane privileges for hybrids on any particular lane
that reaches a specified level of congestion. AB 2600 (Lieu),
Chapter 614, Statutes of 2006, increased the limit on hybrid
stickers to 85,000 and extended AB 2628's 2008 sunset date to
2011. (DMV reached the 85,000 sticker cap for hybrids in
February 2007 and stopped issuing new hybrid stickers at that
point).
In June of 2007, the Federal Highway Administration requested
Caltrans to submit a plan to address "HOV lane degradation" on
California freeways. Caltrans' analysis had indicated that 54%
of its HOV lanes had experienced such degradation. Recognizing
that one component of HOV lane congestion may be the presence of
hybrid vehicles, the authorization for hybrids to use HOV lanes
was allowed to sunset. The authorization for natural gas and
electric vehicles, however, was extended for five years, until
January 1, 2015, by AB 1500 (Lieu), Chapter 1500, Statutes of
2010. As of May 2012, DMV had issued less than 20,000 white
stickers and approximately 9,000 green stickers.
This bill would extend the white sticker program until 2019, or
sooner if federal authority terminates.
According to the author, the timing of this bill is essential.
Extending HOV incentives for clean air vehicles will complement
recently adopted Air Resources Board regulations that will
require one in seven new cars sold in California in 2025 to be
an electric or other zero-emission vehicle. According to the
author, "As more manufacturers are entering the market
presenting consumers with more clean and/or zero emission cars
than ever before, this important program is set to expire in
2015. By providing long-term incentives to consumers for making
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green vehicle choices, we can leverage California's position as
the clean technology capital of the world, create good jobs, and
meet our emissions reduction goals that will not be met without
widespread adoption of clean car technology."
Writing in support of this bill, Honda North America, Inc.,
asserts, "HOV lane access for single-occupant vehicles is a
non-financial incentive that has become one of the top reasons
cited by consumers for buying the Civic Natural Gas. For
example, in California the largest market for the Civic Natural
Gas, sales to consumers have steadily increased since 2000, the
year that single-occupant ILEV certified alternative fuel
vehicles were granted access to HOV lanes."
Related legislation : AB 220 (Ting) provides a variety of
incentives to encourage the purchase and use of low-emission
vehicles in California. That bill is pending in the Assembly
Revenue and Taxation Committee.
SB 286 (Yee) similarly extends the green sticker program, until
January 1, 2019. That bill is currently pending on the Assembly
Floor.
Previous legislation : SB 535 (Yee), Chapter 215, Statutes of
2010, allows enhanced AT PEZ vehicles (i.e., those eligible for
green stickers) access to HOV lanes regardless of vehicle
occupancy, until January 1, 2015.
AB 1500 (Lieu), Chapter 1500, Statutes of 2010, extended HOV
lane privileges natural gas and electric vehicles for five
years, until January 1, 2015.
AB 2600 (Lieu), Chapter 614, Statutes of 2006, allowed an
additional 10,000 high-mileage hybrid vehicles to obtain
stickers allowing them to drive in HOV lanes regardless of the
number of occupants; extended the sunset date on the
authorization for these and other "Clean Air" vehicles to
operate in HOV lanes.
AB 2628 (Pavley), Chapter 725, Statutes of 2004, allowed AT
PZEVs to use HOV lanes.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
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