BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1964 (Bloom) - High-occupancy vehicle lanes: vehicle exceptions ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 30, 2016 |Policy Vote: T. & H. 10 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1964 would extend the authority to operate certain plug-in hybrid clean air vehicles in HOV lanes, regardless of occupancy levels, under the "green sticker program" and make revisions to the program, as specified. Fiscal Impact: The Department of Transportation (Caltrans) would incur ongoing administrative costs of approximately $125,000 for the duration of the extended operative date of the "green sticker program." Costs are attributable to continuing analysis and reporting activities required under federal law. (State Highway Account) Unknown Caltrans costs, in the range of $400,000 to $1 million related to provisions that allow a regional transportation AB 1964 (Bloom) Page 1 of ? planning agency to request the removal of a clean air vehicle exemption in HOV lanes (State Highway Account). Actual costs would be informed by the number of requests and the complexity of each impacted region. Costs include data collection and analysis to determine the merit of a request, sign replacement costs, and educational campaigns in affected regions. Department of Motor Vehicle (DMV) costs to revise the "green sticker program" would be minor and absorbable, and any costs would be offset by decal fees. (Motor Vehicle Account) California Air Resources Board (CARB) costs of approximately $39,000 annually to review and verify "green sticker" eligible vehicles and track the market share of those vehicles for purposes of the bill. (Motor Vehicle Account) Minor and absorbable costs to the California Highway Patrol (CHP). Staff notes that the rolling expiration dates of the revised "green sticker program" will complicate enforcement efforts because CHP would need to verify eligibility for HOV access by running a plate rather than simple visual verification that a vehicle has a decal. (Motor Vehicle Account) Background: Existing federal law authorizes states to allow certain low-emission vehicles with a single occupant to use high-occupancy vehicle (HOV) lanes until September 30, 2019, and allows states to allow certain alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use those lanes until September 30, 2025. If the vehicles cause a degradation of HOV lane operations, the state must limit or discontinue clean air vehicle use of the lanes. Existing law authorizes Caltrans to ban clean air vehicles from HOV lanes if unacceptable congestion levels can be attributed to those vehicles. Existing law exempts certain clean air and alternative fuel vehicles from HOV lane occupancy requirements until January 1, 2019 if it displays a specified decal issued by DMV. The "white sticker program" authorizes pure battery electric vehicles, dedicated compressed natural gas or liquid petroleum gas vehicles, and hydrogen fuel cell vehicles to access HOV lanes, regardless of occupancy. There are no statutory limits on the number of while stickers that may be issued, and as of June of AB 1964 (Bloom) Page 2 of ? this year, DMV had issued 106,706 identifying decals. The "green sticker program" authorizes plug-in hybrid vehicles to access HOV lanes, regardless of occupancy. Existing law limits the number of green stickers to 85,000, and the limit was reached in December of 2015. Proposed Law: AB 1964 would make the following changes to the "green sticker program:" Remove the current 85,000 limit on the number of decals that may be issued by DMV under the "green sticker program." Establish a January 1, 2019 sunset date for all current clean air sticker programs, consistent with current law. Specify that green stickers issued prior to January 1, 2018, will sunset on January 1, 2019, pursuant to existing law, but provides that green stickers issued between January 1, 2018 and January 1, 2019, are valid until January 1, 2021. Specify that green stickers issued on or after January 1, 2019, under the revised program requirements specified in this bill, are valid until January 1st of the fourth year after the year of issuance. These decals must be distinguishable from prior stickers. Prohibit DMV from issuing stickers under the new program if the sale of eligible vehicles reaches at least 9.2% of the total new car market share for two consecutive years, upon notification by CARB. Regardless of whether sales fall below that point, the bill prohibits the DMV from reinstating the program. Specify that if the new program becomes inoperative due to expiration of federal authorization, the driver of a vehicle with an otherwise valid sticker shall not be cited for a violation within the first 60 days of the program becoming inoperative Require Caltrans to remove individual HOV lanes from access by green sticker vehicles upon request of, and with the concurrence of, the relevant regional transportation planning agency if the operation of those vehicles in the HOV lane significantly contributes to congestion in those lanes within the next 12 months, and increased enforcement efforts or increasing vehicle occupancy that would alleviate that congestion is either infeasible or would increase overall AB 1964 (Bloom) Page 3 of ? corridor congestion. Related Legislation: SB 838 (Committee on Budget and Fiscal Review), the Senate version of the 2016-17 Budget transportation trailer bill which is currently on the Senate Floor, includes provisions that would retain the current January 2019 expiration date of the "green sticker program" while deleting the current 85,000 cap on the number of decals. The Assembly version transportation trailer bill (AB 1610), which is currently on the Assembly Floor, does not include provisions related to the "green sticker program." -- END --