BILL ANALYSIS �
AB 2013
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CONCURRENCE IN SENATE AMENDMENTS
AB 2013 (Muratsuchi)
As Amended August 7, 2014
Majority vote
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|ASSEMBLY: |63-4 |(May 1, 2014) |SENATE: |25-6 |(August 19, |
| | | | | |2014) |
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Original Committee Reference: TRANS.
SUMMARY : Increases from 55,000 to 70,000 the number of advanced
technology partial zero-emission vehicles (enhanced AT PZEVs)
that may be allowed access to high-occupancy vehicle (HOV)
lanes, regardless of vehicle occupancy levels.
The Senate amendments reduce the proposed number of clean air
vehicles that would be allowed in HOV lanes regardless of
occupancy levels from 85,000 to 70,000, delete the bill's
urgency clause, and resolve potential chaptering out conflicts
with AB 1721 (Linder) of the current legislative session.
EXISTING LAW :
1)Directs the Department of Motor Vehicles (DMV) to issue
stickers for clean air vehicles, until January 1, 2019, as
follows:
a) White clean air vehicle stickers are available for an
unlimited number of vehicles that meet California's super
ultra-low emission vehicle standard for exhaust emissions
and the federal inherently low-emission vehicle (ILEV)
evaporative emission standard. Vehicles 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 for
55,000 vehicles that meet California's enhanced AT PZEV
requirement or transitional zero-emission vehicles (TZEV)
standard. (Both vehicles types will be referred to
throughout the remainder of the analysis as AT PZEVs.)
FISCAL EFFECT : According to the Senate Appropriations
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : HOV lane access to single-occupant, clean air
vehicles was first authorized in 1999 with the passage of AB 71
(Cunneen), Chapter 330, Statutes of 1999, for super ultra-low
emission vehicles and ILEVs (white sticker vehicles). The
intent of this original authority (and subsequent authorities)
was to incentivize the purchase of clean air vehicles. The
40,000-sticker limit was reached on May 9, 2014. In response,
SB 853 (Committee on Budget and Fiscal Review), Chapter 27,
Statutes of 2014, immediately raised the limit by 15,000
vehicles to allow stickers to continue to be issued.
Despite the success of clean air vehicle programs there continue
to be concerns that allowing additional cars in the HOV lanes
could result in degraded performance of the lanes. The fear is
that, if HOV lanes become sufficiently degraded, their benefits
(i.e., traffic congestion relief, fuel conservation, and reduced
emissions) will be lost and carpooling will be discouraged.
Consequently, both state and federal existing laws require
California Department of Transportation (Caltrans) to monitor
the performance of HOV lanes and to take action to remedy the
degradation if it occurs.
The latest HOV performance monitoring report issued by Caltrans
(based on 2011 data), indicates that in the first half of 2011,
43% of the HOV lanes were degraded. That number rose to 49% for
the second half of 2011. (This upward turn in HOV lane
degradation is particularly notable because this was the time
period immediately after an 85,000-yellow sticker clean air
vehicle program for hybrid vehicles expired and those hybrid
vehicles were no longer allowed in HOV lanes.) According to
Caltrans, data indicate that recurrent congestion and other
contributing factors are primary causes for HOV lane
degradation.
Consistent with federal law, Caltrans submitted to the Federal
Highway Administration (FHWA) an action plan to remedy the
degradation. That plan called for, among other strategies,
increased enforcement, improved incident management response
times, and improved detection. The action plan specifically
stated that Caltrans is not considering prohibiting clean air
vehicles from HOV lanes at this time because:
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1)These vehicles constitute a very low percentage of the users
of HOV lanes; and,
2)Prohibiting these vehicles runs counter to an existing
Governor's Executive Order that directs state agencies to take
action to support and incentivize the purchase and use of
these vehicles.
FHWA responded to Caltrans' proposed action plan in January
2014, indicating that the plan did not adequately provide
"proactive or tangible strategies to affect immediate mitigation
for bringing the facilities into compliance or at least leading
towards that goal." As a result, Caltrans will be considering
other options (reportedly not including removal of clean air
vehicles) to improve HOV lane performance, such as raising
vehicle occupancy levels.
While raising the existing cap from 55,000 to 70,000 will likely
not help the HOV lane degradation problem, past experience
indicates it is unlikely to make the situation significantly
worse.
Writing in opposition to this bill, however, the Metropolitan
Transportation Commission (MTC) is concerned that the landscape
of California's HOV lanes has changed considerably since clean
air vehicles were first allowed in them. In particular, MTC
notes that virtually every metropolitan region in the state is
operating or is planning to operate high-occupancy toll lanes
whereby single-occupant vehicles may access HOV lanes for a fee.
MTC does not believe access to these lanes should be given away
for free.
Related legislation: AB 1721 provides that clean air vehicles
may be charged reduced-rate passage in high-occupancy toll
lanes. AB 1721 is pending in the Senate.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0004520
AB 2013
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