Amended in Assembly August 22, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 24, 2013

Amended in Assembly June 11, 2013

Amended in Senate March 18, 2013

Senate Bill No. 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.

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

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Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of begin delete high-occupancy vehicles (HOVs), end delete begin insert HOVs, end insert 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 for certain zero-emission vehicles to January 1, 2019, begin insert or until federal authorization expires end insert begin insert , end insert or until the Secretary of State receives that specified notice, whichever occurs first. The bill would authorize 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 By extending a crime that otherwise would be repealed, the bill would impose a state-mandated local program.

This bill would incorporate additional substantive changes in Sections 5205.5 and 21655.9 of the Vehicle Code made by AB 266, to become operative if AB 266 and this bill become effective on or before January 1, 2014, and this bill is enacted last.

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.

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This bill would become operative only if AB 266 is enacted and takes effect on or before January 1, 2014.

end insert

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

(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) (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 (3) of subdivision
(a) shall be distinguishable from the decals, labels, or other
identifiers that are designed for vehicles described in paragraphs
(1) and (2) of subdivision (a).

(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) 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 (3) 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 (3) 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.

(g) 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).

(h) (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.

(i) 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.

(j) (1) This section shall not apply to a vehicle described in
paragraphs (1) and (2) of subdivision (a) on or after January 1,
2015, or the date the Secretary of State receives the notice
described in subdivision (i), whichever occurs first.

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

SEC. 1.5.  

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

(3) The finding shall also 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) (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 (3) of subdivision
(a) shall be distinguishable from the decals, labels, or other
identifiers that are designed for vehicles described in paragraphs
(1) and (2) of subdivision (a).

(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) 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 (3) 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 (3) 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.

(g) 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).

(h) (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.

(i) 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.

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

SEC. 2.  

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

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 not apply to a vehicle described in
paragraphs (1) and (2) of subdivision (a) of Section 5205.5 on or
after January 1, 2015, or the date the Secretary of State receives
the notice described in subdivision (i) of Section 5205.5, whichever
occurs first.

(2) This section shall become inoperative on January 1, 2019,
begin insert or end insert begin insert the date federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, end insert or begin delete on end delete the date the Secretary
of State receives the notice described in subdivision (i) of Section
5205.5, whichever occurs first, and, as of January 1, 2019, is
repealed, unless a later enacted statute, that becomes operative on
or before January 1, 2019, deletes or extends the dates on which
it becomes inoperative and is repealed.

SEC. 3.5.  

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) This section shall become inoperative on January 1, 2019,
begin insert or end insert begin insert the date the federal authorization pursuant to Section 166 of
Title 23 of the United States Code expires, end insert or begin delete on end delete the date the
Secretary of State receives the notice described in subdivision (i)
of Section 5205.5, whichever occurs first, and, as of January 1,
2019, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2019, deletes or extends the dates
on which it becomes inoperative and is repealed.

SEC. 4.  

Section 42001.6 of the Vehicle Code is amended to
read:

42001.6.  

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

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

SEC. 5.  

(a) Section 1.5 of this bill incorporates substantive
amendments to Section 5205.5 of the Vehicle Code proposed by
both this bill and Assembly Bill 266. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2014, (2) each bill amends Section 5205.5 of the Vehicle
Code, and (3) this bill is enacted after Assembly Bill 266, in which
case Section 1 of this bill shall not become operative.

(b) Section 3.5 of this bill incorporates substantive amendments
to Section 21655.9 of the Vehicle Code proposed by both this bill
and Assembly Bill 266. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 21655.9 of the Vehicle Code,
and (3) this bill is enacted after Assembly Bill 266, in which case
Section 3 of this bill shall not become operative.

SEC. 6.  

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.

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begin insert SEC. 7. end insert   

end insert

begin insert This act shall become operative only if Assembly Bill
266 is enacted and takes effect on or before January 1, 2014. end insert