Amended in Senate August 7, 2014

Amended in Senate June 12, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2013


Introduced by Assembly Member Muratsuchi

February 20, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2013, as amended, Muratsuchi. Vehicles: high-occupancy vehicle lanes.

Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs).

Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain 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 (DMV). Existing law authorizes the DMV to issue no more thanbegin delete 40,000end deletebegin insert 55,000end insert of those identifiers.

This bill would increase the number of those identifiers that the DMV is authorized to issue to 70,000.

begin insert

This bill would incorporate additional changes in Section 5205.5 of the Vehicle Code proposed by AB 1721, that would become operative only if AB 1721 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended
2to read:end insert

3

5205.5.  

(a) For purposes of implementing Section 21655.9,
4the department shall make available for issuance, for a fee
5determined by the department to be sufficient to reimburse the
6department for the actual costs incurred pursuant to this section,
7distinctive decals, labels, and other identifiers that clearly
8distinguish the following vehicles from other vehicles:

9(1) A vehicle that meets California’s super ultra-low emission
10vehicle (SULEV) standard for exhaust emissions and the federal
11inherently low-emission vehicle (ILEV) evaporative emission
12standard, as defined in Part 88 (commencing with Section
1388.101-94) of Title 40 of the Code of Federal Regulations.

14(2) A vehicle that was produced during the 2004 model-year or
15earlier and meetsbegin delete Californiaend deletebegin insert California’send insert ultra-low emission vehicle
16(ULEV) standard for exhaust emissions and the federal ILEV
17standard.

18(3) A vehicle that meets California’s enhanced advanced
19technology partial zero-emission vehicle (enhanced AT PZEV)
20standard or transitional zero-emission vehicle (TZEV) standard.

21(b) The department shall include a summary of the provisions
22of this section on each motor vehicle registration renewal notice,
23or on a separate insert, if space is available and the summary can
24be included without incurring additional printing or postage costs.

25(c) The Department of Transportation shall remove individual
26HOV lanes, or portions of those lanes, during periods of peak
27congestion from the access provisions provided in subdivision (a),
28following a finding by the Department of Transportation as follows:

P3    1(1) The lane, or portion thereof, exceeds a level of service C,
2as discussed in subdivision (b) of Section 65089 of the Government
3Code.

4(2) The operation or projected operation of the vehicles
5described in subdivision (a) in these lanes, or portions thereof, will
6significantly increase congestion.

7(3) The finding shall also demonstrate the infeasibility of
8alleviating the congestion by other means, including, but not
9limited to, reducing the use of the lane by noneligible vehicles or
10further increasing vehicle occupancy.

11(d) The State Air Resources Board shall publish and maintain
12a listing of all vehicles eligible for participation in the programs
13described in this section. The board shall provide that listing to
14the department.

15(e) (1) For purposes of subdivision (a), the Department of the
16California Highway Patrol and the department, in consultation
17with the Department of Transportation, shall design and specify
18the placement of the decal, label, or other identifier on the vehicle.
19Each decal, label, or other identifier issued for a vehicle shall
20display a unique number, which number shall be printed on, or
21affixed to, the vehicle registration.

22(2) Decals, labels, or other identifiers designed pursuant to this
23subdivision for a vehicle described in paragraph (3) of subdivision
24(a) shall be distinguishable from the decals, labels, or other
25identifiers that are designed for vehicles described in paragraphs
26(1) and (2) of subdivision (a).

27(f) (1) Except as provided in paragraph (2), for purposes of
28paragraph (3) of subdivision (a), the department shall issue no
29more thanbegin delete 55,000end deletebegin insert 70,000end insert distinctive decals, labels, or other
30identifiers that clearly distinguish a vehicle specified in paragraph
31(3) of subdivision (a).

32(2) The department may issue a decal, label, or other identifier
33for a vehicle that satisfies all of the following conditions:

34(A) The vehicle is of a type identified in paragraph (3) of
35subdivision (a).

36(B) The owner of the vehicle is the owner of a vehicle for which
37a decal, label, or other identifier described in paragraph (1) was
38previously issued and that vehicle for which the decal, label, or
39 other identifier was previously issued is determined by the
40department, on the basis of satisfactory proof submitted by the
P4    1owner to the department, to be a nonrepairable vehicle or a total
2loss salvage vehicle.

3(C) The owner of the vehicle applied for a decal, label, or other
4identifier pursuant to this paragraph within six months of the date
5on which the vehicle for which a decal, label, or other identifier
6was previously issued is declared to be a nonrepairable vehicle or
7a total loss salvage vehicle.

8(g) If the Metropolitan Transportation Commission, serving as
9the Bay Area Toll Authority, grants toll-free and reduced-rate
10passage on toll bridges under its jurisdiction to a vehicle pursuant
11to Section 30102.5 of the Streets and Highways Code, it shall also
12grant the same toll-free and reduced-rate passage to a vehicle
13displaying an identifier issued by the department pursuant to
14paragraph (1) or (2) of subdivision (a).

15(h) (1) Notwithstanding Section 21655.9, and except as
16provided in paragraph (2), a vehicle described in subdivision (a)
17that displays a decal, label, or identifier issued pursuant to this
18section shall be exempt from toll charges imposed on
19single-occupant vehicles in high-occupancy toll lanes as described
20in Section 149.7 of the Streets and Highways Code unless
21prohibited by federal law.

22(2) (A) Paragraph (1) does not apply to the imposition of a toll
23imposed for passage on a toll road or toll highway, that is not a
24high-occupancy toll lane as described in Section 149.7 of the
25Streets and Highways Code.

26(B) On or before March 1, 2014, paragraph (1) does not apply
27to the imposition of a toll imposed for passage in lanes designated
28for tolls pursuant to the federally supported value pricing and
29transit development demonstration program operated pursuant to
30Section 149.9 of the Streets and Highways Code for State Highway
31Route 10 or 110.

32(C) Paragraph (1) does not apply to the imposition of a toll
33charged for crossing a state-owned bridge.

34(i) If the Director of Transportation determines that federal law
35does not authorize the state to allow vehicles that are identified by
36distinctive decals, labels, or other identifiers on vehicles described
37in subdivision (a) to use highway lanes or highway access ramps
38for high-occupancy vehicles regardless of vehicle occupancy, the
39Director of Transportation shall submit a notice of that
40determination to the Secretary of State.

P5    1(j) This section shall become inoperative on January 1, 2019,
2or the date the federal authorization pursuant to Section 166 of
3Title 23 of the United States Code expires, or the date the Secretary
4of State receives the notice described in subdivision (i), whichever
5occurs first, and, as of January 1, 2019, is repealed, unless a later
6enacted statute, that becomes operative on or before January 1,
72019, deletes or extends the dates on which it becomes inoperative
8and is repealed.

9begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
10read:end insert

11

5205.5.  

(a) For purposes of implementing Section 21655.9,
12the department shall make available for issuance, for a fee
13determined by the department to be sufficient to reimburse the
14department for the actual costs incurred pursuant to this section,
15distinctive decals, labels, and other identifiers that clearly
16distinguish the following vehicles from other vehicles:

17(1) A vehicle that meets California’s super ultra-low emission
18vehicle (SULEV) standard for exhaust emissions and the federal
19inherently low-emission vehicle (ILEV) evaporative emission
20standard, as defined in Part 88 (commencing with Section
2188.101-94) of Title 40 of the Code of Federal Regulations.

22(2) A vehicle that was produced during the 2004 model-year or
23earlier and meetsbegin delete Californiaend deletebegin insert California’send insert ultra-low emission vehicle
24(ULEV) standard for exhaust emissions and the federal ILEV
25standard.

26(3) A vehicle that meets California’s enhanced advanced
27technology partial zero-emission vehicle (enhanced AT PZEV)
28standard or transitional zero-emission vehicle (TZEV) standard.

29(b) The department shall include a summary of the provisions
30of this section on each motor vehicle registration renewal notice,
31or on a separate insert, if space is available and the summary can
32be included without incurring additional printing or postage costs.

33(c) The Department of Transportation shall remove individual
34HOV lanes, or portions of those lanes, during periods of peak
35congestion from the access provisions provided in subdivision (a),
36following a finding by the Department of Transportation as follows:

37(1) The lane, or portion thereof, exceeds a level of service C,
38as discussed in subdivision (b) of Section 65089 of the Government
39Code.

P6    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(3) The finding shall also demonstrate the infeasibility of
5alleviating the congestion by other means, including, but not
6limited to, reducing the use of the lane by noneligible vehicles or
7further increasing 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) (1) 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
15the 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, which number shall be printed on, or
18affixed to, the vehicle registration.

19(2) Decals, labels, or other identifiers designed pursuant to this
20subdivision for a vehicle described in paragraph (3) of subdivision
21(a) shall be distinguishable from the decals, labels, or other
22identifiers that are designed for vehicles described in paragraphs
23(1) and (2) of subdivision (a).

24(f) (1) Except as provided in paragraph (2), for purposes of
25paragraph (3) of subdivision (a), the department shall issue no
26more thanbegin delete 55,000end deletebegin insert 70,000end insert distinctive decals, labels, or other
27identifiers that clearly distinguish a vehicle specified in paragraph
28(3) of subdivision (a).

29(2) The department may issue a decal, label, or other identifier
30for a vehicle that satisfies all of the following conditions:

31(A) The vehicle is of a type identified in paragraph (3) of
32subdivision (a).

33(B) The owner of the vehicle is the owner of a vehicle for which
34a decal, label, or other identifier described in paragraph (1) was
35previously issued and that vehicle for which the decal, label, or
36 other identifier was previously issued is determined by the
37department, on the basis of satisfactory proof submitted by the
38owner to the department, to be a nonrepairable vehicle or a total
39loss salvage vehicle.

P7    1(C) The owner of the vehicle applied for a decal, label, or other
2identifier pursuant to this paragraph within six months of the date
3on which the vehicle for which a decal, label, or other identifier
4was previously issued is declared to be a nonrepairable vehicle or
5a total loss salvage vehicle.

6(g) If the Metropolitan Transportation Commission, serving as
7the Bay Area Toll Authority, grants toll-free and reduced-rate
8passage on toll bridges under its jurisdiction to a vehicle pursuant
9to Section 30102.5 of the Streets and Highways Code, it shall also
10grant the same toll-free and reduced-rate passage to a vehicle
11displaying an identifier issued by the department pursuant to
12paragraph (1) or (2) of subdivision (a).

13(h) (1) Notwithstanding Section 21655.9, and except as
14provided in paragraph (2), a vehicle described in subdivision (a)
15that displays a decal, label, or identifier issued pursuant to this
16section shall bebegin delete exempt from toll charges imposed on
17single-occupant vehiclesend delete
begin insert granted a toll-free or reduced-rate
18passageend insert
in high-occupancy toll lanes as described in Section 149.7
19of the Streets and Highways Code unless prohibited by federal
20law.

21(2) (A) Paragraph (1) does not apply to the imposition of a toll
22imposed for passage on a toll road or toll highway, that is not a
23high-occupancy toll lane as described in Section 149.7 of the
24Streets and Highways Code.

25(B) On or before March 1, 2014, paragraph (1) does not apply
26to the imposition of a toll imposed for passage in lanes designated
27for tolls pursuant to the federally supported value pricing and
28transit development demonstration program operated pursuant to
29Section 149.9 of the Streets and Highways Code for State Highway
30Route 10 or 110.

31(C) Paragraph (1) does not apply to the imposition of a toll
32charged for crossing a state-owned bridge.

33(i) If the Director of Transportation determines that federal law
34does not authorize the state to allow vehicles that are identified by
35distinctive decals, labels, or other identifiers on vehicles described
36in subdivision (a) to use highway lanes or highway access ramps
37for high-occupancy vehicles regardless of vehicle occupancy, the
38Director of Transportation shall submit a notice of that
39determination to the Secretary of State.

P8    1(j) This section shall become inoperative on January 1, 2019,
2or the date the federal authorization pursuant to Section 166 of
3Title 23 of the United States Code expires, or the date the Secretary
4of State receives the notice described in subdivision (i), whichever
5occurs first, and, as of January 1, 2019, is repealed, unless a later
6enacted statute, that becomes operative on or before January 1,
72019, deletes or extends the dates on which it becomes inoperative
8and is repealed.

9begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
10Section 5205.5 of the Vehicle Code proposed by both this bill and
11Assembly Bill 1721. It shall only become operative if (1) both bills
12are enacted and become effective on or before January 1, 2015,
13(2) each bill amends Section 5205.5 of the Vehicle Code, and (3)
14this bill is enacted after Assembly Bill 1721, in which case Section
151 of this bill shall not become operative.

end insert
begin delete
16

SECTION 1.  

Section 5205.5 of the Vehicle Code is amended
17to read:

18

5205.5.  

(a) For purposes of implementing Section 21655.9,
19the department shall make available for issuance, for a fee
20determined by the department to be sufficient to reimburse the
21department for the actual costs incurred pursuant to this section,
22distinctive decals, labels, and other identifiers that clearly
23distinguish the following vehicles from other vehicles:

24(1) A vehicle that meets California’s super ultra-low emission
25vehicle (SULEV) standard for exhaust emissions and the federal
26inherently low-emission vehicle (ILEV) evaporative emission
27standard, as defined in Part 88 (commencing with Section
2888.101-94) of Title 40 of the Code of Federal Regulations.

29(2) A vehicle that was produced during the 2004 model-year or
30earlier and meets California ultra-low emission vehicle (ULEV)
31standard for exhaust emissions and the federal ILEV standard.

32(3) A vehicle that meets California’s enhanced advanced
33technology partial zero-emission vehicle (enhanced AT PZEV)
34standard or transitional zero-emission vehicle (TZEV) standard.

35(b) The department shall include a summary of the provisions
36of this section on each motor vehicle registration renewal notice,
37or on a separate insert, if space is available and the summary can
38be included without incurring additional printing or postage costs.

39(c) The Department of Transportation shall remove individual
40HOV lanes, or portions of those lanes, during periods of peak
P9    1congestion from the access provisions provided in subdivision (a),
2following a finding by the Department of Transportation as follows:

3(1) The lane, or portion thereof, exceeds a level of service C,
4as discussed in subdivision (b) of Section 65089 of the Government
5Code.

6(2) The operation or projected operation of the vehicles
7described in subdivision (a) in these lanes, or portions thereof, will
8significantly increase congestion.

9(3) The finding shall also demonstrate the infeasibility of
10alleviating the congestion by other means, including, but not
11limited to, reducing the use of the lane by noneligible vehicles or
12further increasing vehicle occupancy.

13(d) The State Air Resources Board shall publish and maintain
14a listing of all vehicles eligible for participation in the programs
15described in this section. The board shall provide that listing to
16the department.

17(e) (1) For purposes of subdivision (a), the Department of the
18California Highway Patrol and the department, in consultation
19 with the Department of Transportation, shall design and specify
20the placement of the decal, label, or other identifier on the vehicle.
21Each decal, label, or other identifier issued for a vehicle shall
22display a unique number, which number shall be printed on, or
23affixed to, the vehicle registration.

24(2) Decals, labels, or other identifiers designed pursuant to this
25subdivision for a vehicle described in paragraph (3) of subdivision
26(a) shall be distinguishable from the decals, labels, or other
27identifiers that are designed for vehicles described in paragraphs
28(1) and (2) of subdivision (a).

29(f) (1) Except as provided in paragraph (2), for purposes of
30 paragraph (3) of subdivision (a), the department shall issue no
31more than 70,000 distinctive decals, labels, or other identifiers that
32clearly distinguish a vehicle specified in paragraph (3) of
33subdivision (a).

34(2) The department may issue a decal, label, or other identifier
35for a vehicle that satisfies all of the following conditions:

36(A) The vehicle is of a type identified in paragraph (3) of
37subdivision (a).

38(B) The owner of the vehicle is the owner of a vehicle for which
39a decal, label, or other identifier described in paragraph (1) was
40previously issued and that vehicle for which the decal, label, or
P10   1other identifier was previously issued is determined by the
2department, on the basis of satisfactory proof submitted by the
3owner to the department, to be a nonrepairable vehicle or a total
4loss salvage vehicle.

5(C) The owner of the vehicle applied for a decal, label, or other
6identifier pursuant to this paragraph within six months of the date
7on which the vehicle for which a decal, label, or other identifier
8was previously issued is declared to be a nonrepairable vehicle or
9a total loss salvage vehicle.

10(g) If the Metropolitan Transportation Commission, serving as
11the Bay Area Toll Authority, grants toll-free and reduced-rate
12passage on toll bridges under its jurisdiction to a vehicle pursuant
13to Section 30102.5 of the Streets and Highways Code, it shall also
14grant the same toll-free and reduced-rate passage to a vehicle
15displaying an identifier issued by the department pursuant to
16paragraph (1) or (2) of subdivision (a).

17(h) (1) Notwithstanding Section 21655.9, and except as
18provided in paragraph (2), a vehicle described in subdivision (a)
19that displays a decal, label, or identifier issued pursuant to this
20section shall be exempt from toll charges imposed on
21single-occupant vehicles in high-occupancy toll lanes as described
22in Section 149.7 of the Streets and Highways Code unless
23prohibited by federal law.

24(2) (A) Paragraph (1) does not apply to the imposition of a toll
25imposed for passage on a toll road or toll highway, that is not a
26high-occupancy toll lane as described in Section 149.7 of the
27Streets and Highways Code.

28(B) On or before March 1, 2014, paragraph (1) does not apply
29to the imposition of a toll imposed for passage in lanes designated
30for tolls pursuant to the federally supported value pricing and
31transit development demonstration program operated pursuant to
32Section 149.9 of the Streets and Highways Code for State Highway
33Route 10 or 110.

34(C) Paragraph (1) does not apply to the imposition of a toll
35charged for crossing a state-owned bridge.

36(i) If the Director of Transportation determines that federal law
37does not authorize the state to allow vehicles that are identified by
38distinctive decals, labels, or other identifiers on vehicles described
39in subdivision (a) to use highway lanes or highway access ramps
40for high-occupancy vehicles regardless of vehicle occupancy, the
P11   1Director of Transportation shall submit a notice of that
2determination to the Secretary of State.

3(j) This section shall become inoperative on January 1, 2019,
4or the date the federal authorization pursuant to Section 166 of
5Title 23 of the United States Code expires, or the date the Secretary
6of State receives the notice described in subdivision (i), whichever
7occurs first, and, as of January 1, 2019, is repealed, unless a later
8enacted statute, that becomes operative on or before January 1,
92019, deletes or extends the dates on which it becomes inoperative
10and is repealed.

end delete


O

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