Senate Bill No. 286

Introduced by Senator Yee

February 14, 2013

An act to amend Sections 5205.5 and 21655.9 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 286, as introduced, Yee. 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, 2018, or until the Secretary of State receives that specified notice. By extending a crime that otherwise would be repealed, the bill would impose a state-mandated local program.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 1.  

Section 5205.5 of the Vehicle Code, as added by
Section 1 of Chapter 37 of the Statutes of 2010, is amended to
read:

5205.5.  

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

(1) A vehicle that meets California’s super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission
standard, as defined in Part 88 (commencing with Section
88.101-94) of Title 40 of the Code of Federal Regulations.

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

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

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

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

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

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

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

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

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

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

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

(i) This section shall remain in effect only until January 1, begin delete 2015, end delete
begin insert 201 end insert begin insert 8, end insert or only until the date the Secretary of State receives the
notice described in subdivision (g), whichever occurs first, and as
of that date is repealed.

SEC. 2.  

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

5205.5.  

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

(1) A vehicle that meets California’s super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission
standard, as defined in Part 88 (commencing with Section
88.101-94) of Title 40 of the Code of Federal Regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii) The owner of the vehicle applied for a decal, label, or other
identifier pursuant to this subparagraph on or before March 31,
2009, or within six months of the date on which the vehicle for
which a decal, label, or identifier was previously issued is declared
to be a nonrepairable vehicle or a total loss salvage vehicle,
whichever date is later.

(2) The department shall notify the Department of Transportation
immediately after the date on which the department has issued
50,000 decals, labels, and other identifiers under this section for
the vehicles described in paragraphs (3) and (4) of subdivision (a).

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

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

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

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

(A) Reduction in level of service.

(B) Sustained stop-and-go conditions.

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

(D) Consistent increase in travel time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(m) (1) This section shall remain in effect only until January
1, begin delete 2015, end delete begin insert 201 end insert begin insert 8, end insert or until the date the Secretary of State receives the
notice described in subdivision (l), whichever occurs first, and as
of that date is repealed.

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

(3) With respect to a vehicle described in paragraph (5) of
subdivision (a), this section shall become operative on January 1,
2012, and shall be operative only until January 1, begin delete 2015, end delete begin insert 2018 end insert begin insert , end insert or
until the date the Secretary of State receives the notice described
in subdivision (l), whichever occurs first.

SEC. 3.  

Section 21655.9 of the Vehicle Code is amended to
read:

21655.9.  

(a) (1) Whenever the Department of Transportation
or a local authority authorizes or permits exclusive or preferential
use of highway lanes or highway access ramps for high-occupancy
vehicles pursuant to Section 21655.5, the use of those lanes or
ramps shall also be extended to vehicles that are issued distinctive
decals, labels, or other identifiers pursuant to Section 5205.5
regardless of vehicle occupancy or ownership.

(2) A local authority during periods of peak congestion shall
suspend for a lane the access privileges extended pursuant to
paragraph (1) for those vehicles issued distinctive decals, labels,
or other identifiers pursuant to Section 5205.5, if a periodic review
of lane performance by that local authority discloses both of the
following factors regarding the lane:

(A) The lane, or a portion of the lane, exceeds a level of service
C, as described in subdivision (b) of Section 65089 of the
Government Code.

(B) The operation or projected operation of vehicles in the lane,
or a portion of the lane, will significantly increase congestion.

(b) A person shall not drive a vehicle described in subdivision
(a) of Section 5205.5 with a single occupant upon a high-occupancy
vehicle lane pursuant to this section unless the decal, label, or other
identifier issued pursuant to Section 5205.5 is properly displayed
on the vehicle, and the vehicle registration described in Section
5205.5 is with the vehicle.

(c) A person shall not operate or own a vehicle displaying a
decal, label, or other identifier, as described in Section 5205.5, if
that decal, label, or identifier was not issued for that vehicle
pursuant to Section 5205.5. A violation of this subdivision is a
misdemeanor.

(d) If the provisions in Section 5205.5 authorizing the
department to issue decals, labels, or other identifiers to hybrid
and alternative fuel vehicles are repealed, vehicles displaying those
decals, labels, or other identifiers shall not access high-occupancy
vehicle lanes without meeting the occupancy requirements
otherwise applicable to those lanes.

(e) (1) This section shall remain in effect only until January 1,
begin delete 2015, end delete begin insert 201 end insert begin insert 8, end insert or until the date that the Secretary of State receives
the notice described in subdivision (l) of Section 5205.5, whichever
occurs first, and as of that date is repealed.

(2) However, with respect to a vehicle described in paragraph
(3) or (4) of subdivision (a) of Section 5205.5, this section shall
be operative only until July 1, 2011, or until the date the Secretary
of State receives the notice described in subdivision (l) of Section
5205.5, whichever occurs first.

(3) With respect to a vehicle described in paragraph (5) of
subdivision (a) of Section 5205.5, this section shall become
operative on January 1, 2012, and shall be operative only until
January 1, begin delete 2015, end delete begin insert 201 end insert begin insert 8, end insert or until the date the Secretary of State
receives the notice described in subdivision (l) of Section 5205.5,
whichever occurs first.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.