Amended in Assembly June 24, 2013

Amended in Assembly June 11, 2013

Amended in Senate March 18, 2013

Senate BillNo. 286


Introduced by Senators Yee and Pavley

(Coauthors: Senators Correa and Lieu)

(Coauthor: Assembly Member Ting)

February 14, 2013


An act to amend Sections 21655.9 and 42001.6 of, and to amend and repeal Section 5205.5 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 286, as amended, 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. The bill would permit 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 By extending a crime that otherwise would be repealed, the bill would impose a state-mandated local program.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:

P2    1

SECTION 1.  

Section 5205.5 of the Vehicle Code, as amended
2by Section 2 of Chapter 674 of the Statutes of 2012, is amended
3to read:

4

5205.5.  

(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.

15(2) A vehicle that was produced during the 2004 model-year or
16earlier and meets California ultra-low emission vehicle (ULEV)
17standard for exhaust emissions and the federal ILEV standard.

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
P3    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(d) The State Air Resources Board shall publish and maintain
10a listing of all vehicles eligible for participation in the programs
11described in this section. The board shall provide that listing to
12the department.

13(e) (1) For purposes of subdivision (a), the Department of the
14California Highway Patrol and the department, in consultation
15with the Department of Transportation, shall design and specify
16the placement of the decal, label, or other identifier on the vehicle.
17Each decal, label, or other identifier issued for a vehicle shall
18display a unique number, which number shall be printed on, or
19affixed to, the vehicle registration.

20(2) Decals, labels, or other identifiers designed pursuant to this
21subdivision for a vehicle described in paragraph (3) of subdivision
22(a) shall be distinguishable from the decals, labels, or other
23identifiers that are designed for vehicles described in paragraphs
24(1) and (2) of subdivision (a).

25(f) (1) Except as provided in paragraph (2), for purposes of
26paragraph (3) of subdivision (a), the department shall issue no
27more than 40,000 distinctive decals, labels, or other identifiers that
28clearly distinguish a vehicle specified in paragraph (3) of
29subdivision (a).

30(2) The department may issue a decal, label, or other identifier
31for a vehicle that satisfies all of the following conditions:

32(A) The vehicle is of a type identified in paragraph (3) of
33subdivision (a).

34(B) The owner of the vehicle is the owner of a vehicle for which
35a decal, label, or other identifier described in paragraph (1) was
36previously issued and that vehicle for which the decal, label, or
37other identifier was previously issued is determined by the
38department, on the basis of satisfactory proof submitted by the
39owner to the department, to be a nonrepairable vehicle or a total
40loss salvage vehicle.

P4    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 subdivisionbegin delete (a) if the vehicle is registered
13to an address outside of the region identified in Section 66502 of
14the Government Code.end delete
begin insert (a).end insert

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) (1) This section shall remain in effect only until January 1,
22018, or until the date the Secretary of State receives the notice
3described in subdivision (i), whichever occurs first, and as of that
4date is repealed.

5(2) With respect to a vehicle described in paragraph (3) of
6subdivision (a), this section shall become operative on January 1,
72012, and shall be operative only until January 1, 2018, or until
8the date the Secretary of State receives the notice described in
9subdivision (i), whichever occurs first.

10

SEC. 2.  

Section 5205.5 of the Vehicle Code, as added by
11Section 1 of Chapter 37 of the Statutes of 2010, is repealed.

12

SEC. 3.  

Section 21655.9 of the Vehicle Code is amended to
13read:

14

21655.9.  

(a) (1) Whenever the Department of Transportation
15or a local authority authorizes or permits exclusive or preferential
16use of highway lanes or highway access ramps for high-occupancy
17vehicles pursuant to Section 21655.5, the use of those lanes or
18ramps shall also be extended to vehicles that are issued distinctive
19decals, labels, or other identifiers pursuant to Section 5205.5
20regardless of vehicle occupancy or ownership.

21(2) A local authority during periods of peak congestion shall
22suspend for a lane the access privileges extended pursuant to
23paragraph (1) for those vehicles issued distinctive decals, labels,
24or other identifiers pursuant to Section 5205.5, if a periodic review
25of lane performance by that local authority discloses both of the
26following factors regarding the lane:

27(A) The lane, or a portion of the lane, exceeds a level of service
28C, as described in subdivision (b) of Section 65089 of the
29Government Code.

30(B) The operation or projected operation of vehicles in the lane,
31or a portion of the lane, will significantly increase congestion.

32(b) A person shall not drive a vehicle described in subdivision
33(a) of Section 5205.5 with a single occupant upon a high-occupancy
34vehicle lane pursuant to this section unless the decal, label, or other
35identifier issued pursuant to Section 5205.5 is properly displayed
36on the vehicle, and the vehicle registration described in Section
375205.5 is with the vehicle.

38(c) A person shall not operate or own a vehicle displaying a
39decal, label, or other identifier, as described in Section 5205.5, if
40that decal, label, or identifier was not issued for that vehicle
P6    1pursuant to Section 5205.5. A violation of this subdivision is a
2misdemeanor.

3(d) If the provisions in Section 5205.5 authorizing the
4department to issue decals, labels, or other identifiers to hybrid
5and alternative fuel vehicles are repealed, vehicles displaying those
6decals, labels, or other identifiers shall not access high-occupancy
7vehicle lanes without meeting the occupancy requirements
8otherwise applicable to those lanes.

9(e) (1) This section shall remain in effect only until January 1,
102018, or until the date that the Secretary of State receives the notice
11described in subdivision (i) of Section 5205.5, whichever occurs
12first, and as of that date is repealed.

13(2) With respect to a vehicle described in paragraph (3) of
14subdivision (a) of Section 5205.5, this section shall become
15operative on January 1, 2012, and shall be operative only until
16January 1, 2018, or until the date the Secretary of State receives
17the notice described in subdivision (i) of Section 5205.5, whichever
18occurs first.

19

SEC. 4.  

Section 42001.6 of the Vehicle Code is amended to
20read:

21

42001.6.  

Every person convicted of an infraction for a violation
22of Section 22511.1 is punishable by a fine of one hundred dollars
23($100).

24No part of any fine imposed shall be suspended, except the court
25may suspend that portion of the fine above twenty-five dollars
26($25) for a violation of Section 22511.1 if the person convicted
27possessed at the time of the offense, but failed to display, a valid
28zero-emission vehicle decal identification issued pursuant to
29subdivision (a) of Section 5205.5. The fine may be paid in
30installments if the court determines that the defendant is unable to
31pay the entire amount in one payment.

32

SEC. 5.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P7    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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