Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1964


Introduced by Assembly Member Bloom

February 12, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1964, as amended, Bloom. High-occupancy vehicle lanes: vehicle exceptions.

Existing federal law authorizes, until September 30, 2019, a state to allow low emission and energy-efficient vehicles, as specified, to use lanes designated for high-occupancy vehicles (HOVs). Existing federal law also authorizes, until September 30, 2025, a state to allow alternative fuel vehicles, as defined, and new qualified plug-in electric drive motor vehicles, as defined, to use HOV lanes.

Existing state law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Existing law also authorizes super ultra-low emission vehicles, ultra-low emission vehicles, partial zero-emission vehicles, or transitional zero-emission vehicles, as specified, that display a valid identifier issued by the Department of Motor Vehicles to use these HOV lanes until January 1, 2019, or until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first. A violation of provisions relating to HOV lane use by vehicles without those identifiers is a crime.begin insert Existing law authorizes the Department of Motor Vehicles to issue those identifiers until January 1, 2019, or until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first.end insert

This bill would extend the operation of the provisions allowing specified vehicles to use HOV lanes untilbegin delete January 1, 2029, or untilend delete the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first.begin insert The bill would end the authority of the Department of Motor Vehicles to issue those identifiers for specified vehicles on January 1, 2018, and would provide that those identifiers issued before January 1, 2018, are valid until January 1, 2019. The bill would authorize the department to issue other identifiers until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first. The bill would provide that those other identifiers issued on or after January 1, 2018, but before January 1, 2019, would be valid until January 1, 2021. The bill would provide that those other identifiers issued after January 1, 2019, would be valid until January 1 of the 3rd year after the year of issuance. The bill would make conforming changes allowing vehicles displaying those other identifiers to use HOV lanes.end insert

By extendingbegin delete a crime under these provisions,end deletebegin insert the operation of an existing crime,end insert this 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 is amended
2to read:

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 thebegin delete actualend deletebegin insert reasonableend insert costs incurred pursuant to
7this section, distinctive decals, labels, and other identifiers that
8clearly distinguish the following vehicles from other vehicles:

9(1) begin deleteA end deletebegin insertUntil January 1, 2018, a end insertvehicle that meets California’s
10super ultra-low emission vehicle (SULEV) standard for exhaust
P3    1emissions and the federal inherently low-emission vehicle (ILEV)
2evaporative emission standard, as defined in Part 88 (commencing
3with Section 88.101-94) of Title 40 of the Code of Federal
4Regulations.begin insert A decal, label, and other identifier issued pursuant
5to this paragraph is valid until January 1, 2019.end insert

6(2) begin deleteA end deletebegin insertUntil January 1, 2018, aend insert vehicle that was produced during
7the 2004 model year or earlier and meets California’s ultra-low
8emission vehicle (ULEV) standard for exhaust emissions and the
9federal ILEV standard.begin insert A decal, label, and other identifier issued
10pursuant to this paragraph is valid until January 1, 2019.end insert

11(3) begin insert(A)end insertbegin insertend insertA vehicle that meets California’s enhanced advanced
12technology partial zero-emission vehicle (enhanced AT PZEV)
13standard or transitional zero-emission vehicle (TZEV) standard.
14
begin insert A decal, label, and other identifier issued pursuant to this
15paragraph before January 1, 2018, is valid until January 1, 2019.end insert

begin insert

16
(B) A decal, label, and other identifier issued pursuant to this
17paragraph on or after January 1, 2018, and before January 1,
182019, is valid until January 1, 2022. A decal, label, and other
19identifier issued pursuant to this paragraph on or after January
201, 2019, is valid until January 1 of the third year after the year of
21issuance.

end insert

22(b) The department shall include a summary of the provisions
23of this section on each motor vehicle registration renewal notice,
24or on a separate insert, if space is available and the summary can
25be included without incurring additional printing or postage costs.

26(c) The Department of Transportation shall remove individual
27HOV lanes, or portions of those lanes, during periods of peak
28congestion from the access provisions provided in subdivision (a),
29following a finding by the Department of Transportation as follows:

30(1) The lane, or portion thereof, exceeds a level of service C,
31as discussed in subdivision (b) of Section 65089 of the Government
32Code.

33(2) The operation or projected operation of the vehicles
34described in subdivision (a) in these lanes, or portions thereof, will
35significantly increase congestion.

36(3) The finding shall also demonstrate the infeasibility of
37alleviating the congestion by other means, including, but not
38limited to, reducing the use of the lane by noneligible vehicles or
39further increasing vehicle occupancy.

P4    1(d) The State Air Resources Board shall publish and maintain
2a listing of all vehicles eligible for participation in the programs
3described in this section. The board shall provide that listing to
4the department.

5(e) (1) For purposes of subdivision (a), the Department of the
6California Highway Patrol and the department, in consultation
7with the Department of Transportation, shall design and specify
8the placement of the decal, label, or other identifier on the vehicle.
9Each decal, label, or other identifier issued for a vehicle shall
10display a unique number, which shall be printed on, or affixed to,
11the vehicle registration.

12(2) Decals, labels, or other identifiers designed pursuant to this
13subdivision for a vehicle described in paragraph (3) of subdivision
14(a) shall be distinguishable from the decals, labels, or other
15identifiers that are designed for vehicles described in paragraphs
16(1) and (2) of subdivision (a).

begin delete

17(f) (1) Except as provided in paragraph (2), for purposes of
18paragraph (3) of subdivision (a), the department shall issue no
19more than 85,000 distinctive decals, labels, or other identifiers that
20clearly distinguish a vehicle specified in paragraph (3) of
21subdivision (a).

end delete
begin insert

22
(3) Decals, labels, or other identifiers issued pursuant to
23paragraph (3) of subdivision (a) before January 1, 2019, shall be
24 distinguishable from the decals, labels, or other identifiers issued
25on or after January 1, 2019.

end insert
begin delete

26(2)

end delete

27begin insert(f)end insert The department may issue a decal, label, or other identifier
28for a vehicle that satisfies all of the following conditions:

begin delete

29(A)

end delete

30begin insert(1)end insert The vehicle is of a type identified in paragraph (3) of
31subdivision (a).

begin delete

32(B)

end delete

33begin insert(2)end insert The owner of the vehicle is the owner of a vehicle for which
34a decal, label, or other identifierbegin delete described in paragraph (1)end delete was
35previously issued and that vehicle for which the decal, label, or
36other 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.

begin delete

40(C)

end delete

P5    1begin insert(3)end insert 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
11displayingbegin delete anend deletebegin insert a validend insert identifier issued by the department pursuant
12to paragraph (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 abegin insert validend insert decal, label, or identifier issued pursuant to
16this section shall be granted a toll-free or reduced-rate passage in
17high-occupancy toll lanes as described in Section 149.7 of the
18Streets and Highways Code unless prohibited by federal law.

19(2) (A) Paragraph (1) does not apply to the imposition of a toll
20imposed for passage on a toll road or toll highway, that is not a
21high-occupancy toll lane as described in Section 149.7 of the
22Streets and Highways Code.

begin delete

23(B) On or before March 1, 2014, paragraph (1) does not apply
24to the imposition of a toll imposed for passage in lanes designated
25for tolls pursuant to the federally supported value pricing and
26transit development demonstration program operated pursuant to
27Section 149.9 of the Streets and Highways Code for State Highway
28Route 10 or 110.

end delete
begin delete

29(C)

end delete

30begin insert(B)end insert Paragraph (1) does not apply to the imposition of a toll
31charged for crossing a state-owned bridge.

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

39(j) This section shall become inoperative on begin delete January 1, 2029,
40orend delete
the date the federal authorization pursuant to Section 166 of
P6    1Title 23 of the United States Code expires, or the date the Secretary
2of State receives the notice described in subdivision (i), whichever
3occursbegin delete first, and, as of January 1, 2029, is repealed, unless a later
4enacted statute, that becomes operative on or before January 1,
52029, deletes or extends the dates on which it becomes inoperative
6and is repealed.end delete
begin insert first.end insert

begin insert

7
(k) If this section becomes inoperative pursuant to subdivision
8(j), a driver of a vehicle with an otherwise valid decal, label, or
9other identifier issued pursuant to this section shall not be cited
10for a violation of Section 21655.5 within 60 days of the date that
11this section becomes inoperative.

end insert
12

SEC. 2.  

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 thebegin insert validend insert decal, label,
35or other identifier issued pursuant to Section 5205.5 is properly
36displayed on the vehicle, and the vehicle registration described in
37Section 5205.5 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
P7    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 vehiclesbegin delete are repealed,end deletebegin insert become inoperative,end insert
6 vehicles displaying those decals, labels, or other identifiers shall
7not access high-occupancy vehicle lanes without meeting the
8occupancy requirements otherwise applicable to those lanes.

9(e) This section shall become inoperative on begin delete January 1, 2029,
10orend delete
the date the federal authorization pursuant to Section 166 of
11Title 23 of the United States Code expires, or the date the Secretary
12of State receives the notice described in subdivision (i) of Section
135205.5, whichever occursbegin delete first, and, as of January 1, 2029, is
14repealed, unless a later enacted statute, that becomes operative on
15or before January 1, 2029, deletes or extends the dates on which
16it becomes inoperative and is repealed.end delete
begin insert first.end insert

17

SEC. 3.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.



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