BILL NUMBER: AB 1964	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2016
	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Bloom
    (   Coauthor:   Assembly Member  
Linder   ) 

                        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. 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. Existing law prohibits the
Department of Motor Vehicles from issuing more than 85,000
identifiers that clearly distinguish a partial or transitional
zero-emission vehicle, as specified.
   This bill would extend the operation of the provisions allowing
specified vehicles to use HOV lanes until the date federal
authorization expires, or until the Secretary of State receives a
specified notice, whichever occurs first. The bill would provide that
identifiers issued for specified vehicles are valid until January 1,
2019. The bill would authorize the Department of Motor Vehicles 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 identifiers issued for partial or
transitional zero-emission vehicles on or after January 1, 2018, but
before January 1, 2019, would be valid until January 1, 2021. The
bill would provide that identifiers issued for those vehicles on or
after January 1, 2019, would be valid until January 1 of the 3rd year
after the year of issuance. The bill would remove the limit of
85,000 identifiers for those vehicles, and would instead prohibit the
Department of Motor Vehicles from issuing identifiers if the sale of
new vehicles of that category reaches at least 8.6% of the total new
car market share for 2 consecutive years, upon notification by the
State Air Resources Board, as specified.
   The bill would make conforming changes allowing vehicles
displaying specified identifiers to use HOV lanes.
   By extending the operation of an existing crime, 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:

  SECTION 1.  Section 5205.5 of the Vehicle Code 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
reasonable 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   the
state'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. A decal, label, and other identifier issued
pursuant to this paragraph is valid until January 1, 2019.
   (2) A vehicle that was produced during the 2004 model year or
earlier and meets California's   the state's
 ultra-low emission vehicle (ULEV) standard for exhaust
emissions and the federal ILEV standard. A decal, label, and other
identifier issued pursuant to this paragraph is valid until January
1, 2019.
   (3) (A) A vehicle that meets  California's  
the state's  enhanced advanced technology partial zero-emission
vehicle (enhanced AT PZEV) standard or transitional zero-emission
vehicle (TZEV) standard. A decal, label, and other identifier issued
pursuant to this paragraph before January 1, 2018, is valid until
January 1, 2019.
   (B) A decal, label, and other identifier issued pursuant to this
paragraph on or after January 1, 2018, and before January 1, 2019, is
valid until January 1, 2021. A decal, label, and other identifier
issued pursuant to this paragraph on or after January 1, 2019, is
valid until January 1 of the third year after the year of issuance.
   (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,   of the
lane,  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,
  of the lanes,  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 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).
   (3) Decals, labels, or other identifiers issued pursuant to
paragraph (3) of subdivision (a) before January 1, 2019, shall be
distinguishable from the decals, labels, or other identifiers issued
on or after January 1, 2019.
   (f) (1) Except as provided in paragraph (3), the department shall
no longer issue decals, labels, or other identifiers pursuant to
paragraph (3) of subdivision (a) if the sale of new vehicles
described in paragraph (3) of subdivision (a) reaches at least 8.6
percent of the total new car market share for two consecutive years,
calculated cumulatively for each of the two years, upon being
notified by the State Air Resources Board pursuant to paragraph (2).
The department shall not reinstate the issuance of decals, labels, or
other identifiers if there is a subsequent decrease in the sale of
the new vehicles resulting in less than 8.6 percent of the total new
car market share in a later year.
   (2) The State Air Resources Board shall notify the department, the
Department of Transportation, and the Secretary of State if the sale
of new vehicles described in paragraph (3) of subdivision (a)
reaches at least 8.6 percent of the total new car market share for
two consecutive years, calculated cumulatively for each of the two
years.
   (3) 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 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 a
valid 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 valid decal, label, or identifier issued pursuant to this section
shall be granted a toll-free or reduced-rate passage 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) 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 the date the federal
authorization pursuant to Section 166 of Title 23 of the United
States Code expires, or the date the Secretary of State receives the
notice described in subdivision (i), whichever occurs first.
   (k) If this section becomes inoperative pursuant to subdivision
(j), a driver of a vehicle with an otherwise valid decal, label, or
other identifier issued pursuant to this section shall not be cited
for a violation of Section 21655.5 within 60 days of the date that
this section becomes inoperative.
  SEC. 2.  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 valid 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 become inoperative, 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 the date the federal
authorization pursuant to Section 166 of Title 23 of the United
States Code expires, or the date the Secretary of State receives the
notice described in subdivision (i) of Section 5205.5, whichever
occurs first.
  SEC. 3.  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.