BILL ANALYSIS Ó SB 286 Page 1 SENATE THIRD READING SB 286 (Yee and Pavley) As Amended August 6, 2013 Majority vote SENATE VOTE :34-0 TRANSPORTATION 13-1 APPROPRIATIONS 16-1 ----------------------------------------------------------------- |Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Harkey, Bigelow, | | |Achadjian, Ammiano, | |Bocanegra, Bradford, Ian | | |Bonta, Buchanan, Daly, | |Calderon, Campos, Eggman, | | |Frazier, Gatto, Holden, | |Gomez, Hall, Holden, | | |Nazarian, Patterson, | |Linder, Pan, Quirk, | | |Quirk-Silva | |Wagner, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Morrell |Nays:|Donnelly | | | | | | ----------------------------------------------------------------- SUMMARY : Extends, from January 1, 2015, to January 1, 2019, the sunset date on provisions of existing law that allows certain clean air vehicles to use high-occupancy vehicle (HOV) lanes regardless of vehicle occupancy levels; deletes obsolete and redundant provisions; and resolves chaptering-out conflicts with AB 266 (Blumenfield and Bloom). EXISTING LAW : 1)Allows the Department of Transportation (Caltrans) and local authorities to reserve highway lanes within their respective jurisdictions for the exclusive use of HOVs. 2)Prohibits the operation of single-occupant vehicles in HOV lanes, with the exception of motorcycles and clean air vehicles. 3)Directs the Department of Motor Vehicles (DMV) to issue stickers for the following clean air vehicles, until January 1, 2015, as follows: a) White clean air vehicle stickers are available to an unlimited number of qualifying vehicles that meet SB 286 Page 2 California's super ultra-low emission vehicle standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard. This includes certain zero-emission vehicles. Cars that meet these requirements are typically certified pure zero-emission vehicles (100% battery electric and hydrogen fuel cell) and compressed natural gas vehicles; and, b) Green clean air vehicle stickers are available to the first 40,000 applicants with vehicles meeting California's enhanced advanced technology partial zero-emission vehicles (AT PZEV) standard. These vehicles are also referred to as "transitional zero emission vehicles (TZEVs). Roughly 11,000 green stickers have been issued to date. 1)Allows single-occupant clean air vehicles to operate in HOV lanes until such time as Caltrans determines that federal law does not authorize the state to allow such vehicles to use those lanes. Requires Caltrans to submit a notice of such a determination to the Secretary of State, at which time HOV lane access privileges for single-occupant, clean air vehicles will be terminated. 2)Requires Caltrans to remove individual HOV lanes, or HOV lane segments, during periods of peak congestion from these access provisions if it finds that a lane performs below a level of service C (which generally means at or near free-flowing traffic with minimal delays) and that the operation or projected operation of clean air vehicles in the HOV lane will significantly increase HOV lane congestion. 3)Requires, if the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority (BATA) grants toll-free or reduced-rate passage on the Bay Area toll bridges, to also grant the same toll-free or reduced-rate passage to a white sticker vehicle; obsolete but related provisions also required BATA to grant the same toll-free or reduced-rate passage to yellow sticker vehicles (hybrids) but only if the hybrid vehicle was registered to an address outside the region. 4)The federal Moving Ahead for Progress in the 21st Century Act (MAP-21), authorizes, until September 30, 2017, states to allow low-emission, energy-efficient vehicles to use HOV lanes regardless of occupancy levels. SB 286 Page 3 FISCAL EFFECT : According to the Assembly Appropriations Committee, continued ongoing administrative cost (around $60,000) for the equivalent of one-half position at Caltrans associated with federally-required analysis and reporting regarding HOV lanes allowing single-occupant vehicles. With extension of the sunsets, the one-time $700,000 cost for removing freeway signs that inform clean vehicle motorists of HOV land privileges would be deferred. COMMENTS : An HOV lane, commonly referred to as a "carpool" or "diamond" lane, is part of a traffic management strategy designed to provide an incentive for commuters to form carpools by offering reduced travel times. The declared legislative intent in establishing these lanes is to relieve traffic congestion, conserve fuel, and reduce vehicular emissions. Over the years, advocates for many groups have suggested using HOV lane access to reward certain behaviors or to ease the commute for one class of motorists or another. This bill would extend the green sticker clean air vehicle program from 2015 to 2019. The author has introduced this bill because he believes that extending the HOV lane access to clean air vehicles is an effective way to encourage the purchase and lease of low polluting, alternative fuel vehicles. According to the author, "The state thus achieves three important and complementary goals: reduce vehicular air pollution, reduce petroleum consumption, and increase economic activity through the sale of technologically advanced cars." Writing in support of this bill, Honda North America, Inc., asserts, "HOV lane access for single-occupant vehicles is a non-financial incentive that has become one of the top reasons cited by consumers for buying the Civic Natural Gas. For example, in California, the largest market for the Civic Natural Gas, sales to consumers have steadily increased since 2000, the year that single-occupant ILEV certified alternative fuel vehicles were granted access to HOV lanes." Related legislation : AB 266 (Blumenfield and Bloom) similarly extends the white sticker program until January 1, 2019. That bill is currently in the Senate Appropriations Committee. SB 286 Page 4 Previous legislation : SB 535 (Yee), Chapter 215, Statutes of 2010, allows enhanced AT PEZ vehicles (i.e., those eligible for green stickers) access to HOV lanes regardless of vehicle occupancy, until January 1, 2015. AB 1500 (Lieu), Chapter 1500, Statutes of 2010, extended HOV lane privileges for natural gas and electric vehicles for five years, until January 1, 2015. AB 2600 (Lieu), Chapter 614, Statutes of 2006, allowed an additional 10,000 high-mileage hybrid vehicles to obtain stickers allowing them to drive in HOV lanes regardless of the number of occupants and extended the sunset date on the authorization for these and other "Clean Air" vehicles to operate in HOV lanes. AB 2628 (Pavley), Chapter 725 Statutes of 2004, allowed AT PZEVs to use HOV lanes. Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0001580