California Legislature—2013–14 Regular Session

Assembly BillNo. 1096


Introduced by Assembly Member Nestande

February 22, 2013


An act to amend Section 5205.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1096, as introduced, Nestande. Vehicles: high-occupancy vehicle lanes.

Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOV), which may also be used, until January 1, 2015, by certain eligible low-emission and hybrid vehicles not carrying the requisite number of passengers otherwise required for the use of HOV lanes if the vehicle displays a valid identifier issued by the Department of Motor Vehicles.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    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
P2    1department for the actual costs incurred pursuant to this section,
2distinctive decals, labels, and other identifiers that clearly
3distinguish the following vehicles from other vehicles:

4(1) A vehicle that meets California’s super ultra-low emission
5vehicle (SULEV) standard for exhaust emissions and the federal
6inherently low-emission vehicle (ILEV) evaporative emission
7standard, as defined in Part 88 (commencing with Section
888.101-94) of Title 40 of the Code of Federal Regulations.

9(2) A vehicle that was produced during the 2004 model-year or
10earlier and meets California’s ultra-low emission vehicle (ULEV)
11standard for exhaust emissions and the federal ILEV standard.

12(b) The department shall include a summary of the provisions
13of this section on each motor vehicle registration renewal notice,
14or on a separate insert, if space is available and the summary can
15be included without incurring additional printing or postage costs.

16(c) The Department of Transportation shall remove individual
17HOV lanes, or portions of those lanes, during periods of peak
18congestion from the access provisions provided in subdivision (a),
19following a finding by the Department of Transportation as follows:

20(1) The lane, or portion thereof, exceeds a level of service C,
21as discussed in subdivision (b) of Section 65089 of the Government
22Code.

23(2) The operation or projected operation of the vehicles
24described in subdivision (a) in these lanes, or portions thereof, will
25significantly increase congestion.

26The finding also shall demonstrate the infeasibility of alleviating
27the congestion by other means, including, but not limited to,
28reducing the use of the lane by noneligible vehicles, or further
29increasing vehicle occupancy.

30(d) The State Air Resources Board shall publish and maintain
31a listing of all vehicles eligible for participation in the programs
32described in this section. The board shall provide that listing to
33the department.

34(e) For purposes of subdivision (a), the Department of the
35California Highway Patrol and the department, in consultation
36with the Department of Transportation, shall design and specify
37 the placement of the decal, label, or other identifier on the vehicle.
38begin delete Eachend deletebegin insert Theend insert decal, label, or other identifier issued for a vehicle shall
39display a unique number, and that number shall be printed on, or
40affixed to, the vehicle registration.

P3    1(f) If the Metropolitan Transportation Commission, serving as
2the Bay Area Toll Authority, grants toll-free and reduced-rate
3passage on toll bridges under its jurisdiction to any vehicle pursuant
4to Section 30102.5 of the Streets and Highways Code, it shall also
5grant the same toll-free and reduced-rate passage to a vehicle
6displaying an identifier issued by the department pursuant to
7paragraph (1) or (2) of subdivision (a).

8(g) If the Director of Transportation determines that federal law
9does not authorize the state to allow vehicles that are identified by
10distinctive decals, labels, or other identifiers on vehicles described
11in subdivision (a) to use highway lanes or highway access ramps
12for high-occupancy vehicles regardless of vehicle occupancy, the
13Director of Transportation shall submit a notice of that
14determination to the Secretary of State.

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

16(i) This section shall remain in effect only until January 1, 2015,
17or only until the date the Secretary of State receives the notice
18described in subdivision (g), whichever occurs first, and as of that
19date is repealed.

20

SEC. 2.  

Section 5205.5 of the Vehicle Code, as amended by
21Section 2 of Chapter 674 of the Statutes of 2012, is amended to
22read:

23

5205.5.  

(a) For purposes of implementing Section 21655.9,
24the department shall make available for issuance, for a fee
25determined by the department to be sufficient to reimburse the
26department for the actual costs incurred pursuant to this section,
27distinctive decals, labels, and other identifiers that clearly
28distinguish the following vehicles from other vehicles:

29(1) A vehicle that meets California’s super ultra-low emission
30vehicle (SULEV) standard for exhaust emissions and the federal
31inherently low-emission vehicle (ILEV) evaporative emission
32standard, as defined in Part 88 (commencing with Section
3388.101-94) of Title 40 of the Code of Federal Regulations.

34(2) A vehicle that was produced during the 2004 model-year or
35earlier and meets California ultra-low emission vehicle (ULEV)
36standard for exhaust emissions and the federal ILEV standard.

37(3) A hybrid vehicle or an alternative fuel vehicle that meets
38California’s advanced technology partial zero-emission vehicle
39(AT PZEV) standard for criteria pollutant emissions and has a 45
40miles per gallon or greater fuel economy highway rating.

P4    1(4) A hybrid vehicle that was produced during the 2004
2model-year or earlier and has a 45 miles per gallon or greater fuel
3economy highway rating, and meets California’s ULEV, SULEV,
4or partial zero-emission vehicle (PZEV) standards.

5(5) A vehicle that meets California’s enhanced advanced
6technology partial zero-emission vehicle (enhanced AT PZEV)
7standard.

8(b) Neither an owner of a hybrid vehicle that meets the AT
9PZEV standard, with the exception of a vehicle that meets the
10federal ILEV standard, nor an owner of a hybrid vehicle described
11in paragraph (4) of subdivision (a), is entitled to a decal, label, or
12other identifier pursuant to this section unless the federal
13government acts to approve the use of high-occupancy vehicle
14(HOV) lanes by vehicles of the types identified in paragraph (3)
15or (4) of subdivision (a), regardless of the number of occupants.

16(c) The department shall include a summary of the provisions
17of this section on each motor vehicle registration renewal notice,
18or on a separate insert, if space is available and the summary can
19be included without incurring additional printing or postage costs.

20(d) The Department of Transportation shall remove individual
21HOV lanes, or portions of those lanes, during periods of peak
22congestion from the access provisions provided in subdivision (a),
23following a finding by the Department of Transportation as follows:

24(1) The lane, or portion thereof, exceeds a level of service C,
25as discussed in subdivision (b) of Section 65089 of the Government
26Code.

27(2) The operation or projected operation of the vehicles
28described in subdivision (a) in these lanes, or portions thereof, will
29significantly increase congestion.

30(e) The State Air Resources Board shall publish and maintain
31a listing of all vehicles eligible for participation in the programs
32described in this section. The board shall provide that listing to
33the department.

34(f) (1) For purposes of subdivision (a), the Department of the
35California Highway Patrol and the department, in consultation
36with the Department of Transportation, shall design and specify
37the placement of the decal, label, or other identifier on the vehicle.
38begin delete Eachend deletebegin insert Theend insert decal, label, or other identifier issued for a vehicle shall
39display a unique number, which number shall be printed on, or
40affixed to, the vehicle registration.

P5    1(2) Decals, labels, or other identifiers designed pursuant to this
2subdivision for a vehicle described in paragraph (5) of subdivision
3(a) shall be distinguishable from the decals, labels, or other
4identifiers that are designed for vehicles described in paragraphs
5(1), (2), (3), and (4) of subdivision (a).

6(g) (1) (A) Except as provided in subparagraph (B), for
7purposes of subdivision (a), the department shall issue no more
8than 85,000 distinctive decals, labels, or other identifiers that
9clearly distinguish the vehicles specified in paragraphs (3) and (4)
10of subdivision (a).

11(B) The department may issue a decal, label, or other identifier
12for a vehicle that satisfies all of the following conditions:

13(i) The vehicle is of a type identified in paragraph (3) or (4) of
14subdivision (a).

15(ii) The owner of the vehicle is the owner of a vehicle for which
16a decal, label, or identifier described in subparagraph (A) was
17previously issued and that vehicle for which the decal, label, or
18identifier was previously issued is determined by the department,
19on the basis of satisfactory proof submitted by the owner to the
20 department, to be a nonrepairable vehicle or a total loss salvage
21vehicle.

22(iii) The owner of the vehicle applied for a decal, label, or other
23identifier pursuant to this subparagraph on or before March 31,
242009, or within six months of the date on which the vehicle for
25which a decal, label, or identifier was previously issued is declared
26to be a nonrepairable vehicle or a total loss salvage vehicle,
27whichever date is later.

28(2) The department shall notify the Department of Transportation
29immediately after the date on which the department has issued
3050,000 decals, labels, and other identifiers under this section for
31the vehicles described in paragraphs (3) and (4) of subdivision (a).

32(3) The Department of Transportation shall determine whether
33significant HOV lane breakdown has occurred throughout the state,
34in accordance with the following timeline:

35(A) For lanes that are nearing capacity, the Department of
36Transportation shall make the determination not later than 90 days
37after the date provided by the department under paragraph (2).

38(B) For lanes that are not nearing capacity, the Department of
39Transportation shall make the determination not later than 180
P6    1days after the date provided by the department under paragraph
2(2).

3(4) In making the determination that significant HOV lane
4breakdown has occurred, the Department of Transportation shall
5consider the following factors in the HOV lane:

6(A) Reduction in level of service.

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

8(C) Slower than average speed than the adjacent mixed-flow
9lanes.

10(D) Consistent increase in travel time.

11(5) After making the determinations pursuant to subparagraphs
12(A) and (B) of paragraph (3), if the Department of Transportation
13determines that significant HOV lane breakdown has occurred
14throughout the state, the Department of Transportation shall
15immediately notify the department of that determination, and the
16department, on the date of receiving that notification, shall
17discontinue issuing the decals, labels, or other identifiers for the
18vehicles described in paragraphs (3) and (4) of subdivision (a).

19(h) (1) Except as provided in paragraph (2), for purposes of
20paragraph (5) of subdivision (a), the department shall issue no
21 more than 40,000 distinctive decals, labels, or other identifiers that
22clearly distinguish a vehicle specified in paragraph (5) of
23subdivision (a).

24(2) The department may issue a decal, label, or other identifier
25for a vehicle that satisfies all of the following conditions:

26(A) The vehicle is of a type identified in paragraph (5) of
27subdivision (a).

28(B) The owner of the vehicle is the owner of a vehicle for which
29a decal, label, or other identifier described in paragraph (1) was
30previously issued and that vehicle for which the decal, label, or
31other identifier was previously issued is determined by the
32department, on the basis of satisfactory proof submitted by the
33owner to the department, to be a nonrepairable vehicle or a total
34loss salvage vehicle.

35(C) The owner of the vehicle applied for a decal, label, or other
36identifier pursuant to this paragraph within six months of the date
37on which the vehicle for which a decal, label, or other identifier
38was previously issued is declared to be a nonrepairable vehicle or
39a total loss salvage vehicle.

P7    1(i) If the Metropolitan Transportation Commission, serving as
2the Bay Area Toll Authority, grants toll-free and reduced-rate
3passage on toll bridges under its jurisdiction to a vehicle pursuant
4to Section 30102.5 of the Streets and Highways Code, it shall also
5grant the same toll-free and reduced-rate passage to a vehicle
6displaying an identifier issued by the department pursuant to
7paragraph (1) or (2) of subdivision (a) and to a vehicle displaying
8a valid identifier issued by the department pursuant to paragraph
9(3) or (4) of subdivision (a) if the vehicle is registered to an address
10outside of the region identified in Section 66502 of the Government
11Code.

12(j) An owner of a vehicle specified in paragraph (3) or (4) of
13subdivision (a) whose vehicle is registered to an address in the
14region identified in Section 66502 of the Government Code and
15who seeks a vehicle identifier under subdivision (a) in order to
16have access to an HOV lane within the jurisdiction of the Bay Area
17Toll Authority shall do both of the following:

18(1) Obtain and maintain an active account to operate within the
19automatic vehicle identification system described in Section 27565
20of the Streets and Highways Code and shall submit to the
21department a form, approved by the department and issued by the
22Bay Area Toll Authority, that contains the vehicle owner’s name,
23the license plate number and vehicle identification number of the
24vehicle, the vehicle make and year model, and the automatic
25vehicle identification system account number, as a condition to
26obtaining a vehicle identifier pursuant to subdivision (a) that allows
27for the use of that vehicle in HOV lanes regardless of the number
28of occupants.

29(2) Be eligible for toll-free or reduced-rate passage on toll
30bridges within the jurisdiction of the Bay Area Toll Authority only
31if, at time of passage, the vehicle meets the passenger occupancy
32rate requirement established for that toll-free or reduced-rate
33passage.

34(k) (1) Notwithstanding Section 21655.9, and except as
35provided in paragraph (2), a vehicle described in subdivision (a)
36that displays a decal, label, or identifier issued pursuant to this
37section shall be exempt from toll charges imposed on
38single-occupant vehicles in high-occupancy toll lanes as described
39in Section 149.7 of the Streets and Highways Code unless
40prohibited by federal law.

P8    1(2) (A) Paragraph (1) does not apply to the imposition of a toll
2imposed for passage on a toll road or toll highway, that is not a
3high-occupancy toll lane as described in Section 149.7 of the
4Streets and Highways Code.

5(B) On or before March 1, 2014, paragraph (1) does not apply
6to the imposition of a toll imposed for passage in lanes designated
7for tolls pursuant to the federally supported value-pricing and
8transit development demonstration program operated pursuant to
9Section 149.9 of the Streets and Highways Code for State Highway
10Route 10 or 110.

11(C) Paragraph (1) does not apply to the imposition of a toll
12charged for crossing a state-owned bridge.

13(l) If the Director of Transportation determines that federal law
14does not authorize the state to allow vehicles that are identified by
15distinctive decals, labels, or other identifiers on vehicles described
16in subdivision (a) to use highway lanes or highway access ramps
17for high-occupancy vehicles regardless of vehicle occupancy, the
18Director of Transportation shall submit a notice of that
19determination to the Secretary of State.

20(m) (1) This section shall remain in effect only until January
211, 2015, or until the date the Secretary of State receives the notice
22described in subdivision (l), whichever occurs first, and as of that
23date is repealed.

24(2) However, with respect to a vehicle described in paragraph
25(3) or (4) of subdivision (a), this section shall be operative only
26until July 1, 2011, or only until the date the Secretary of State
27receives the notice described in subdivision (l), whichever occurs
28first.

29(3) With respect to a vehicle described in paragraph (5) of
30subdivision (a), this section shall become operative on January 1,
312012, and shall be operative only until January 1, 2015, or until
32the date the Secretary of State receives the notice described in
33subdivision (l), whichever occurs first.



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