Bill Text: CA AB266 | 2013-2014 | Regular Session | Chaptered
Bill Title: Vehicles: high-occupancy vehicle lanes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-28 - Chaptered by Secretary of State - Chapter 405, Statutes of 2013. [AB266 Detail]
Download: California-2013-AB266-Chaptered.html
BILL NUMBER: AB 266 CHAPTERED
BILL TEXT
CHAPTER 405
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2013
APPROVED BY GOVERNOR SEPTEMBER 28, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 19, 2013
AMENDED IN SENATE JULY 10, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
INTRODUCED BY Assembly Members Blumenfield and Bloom
FEBRUARY 7, 2013
An act to amend Section 21655.9 of, and to amend and repeal
Section 5205.5 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 266, Blumenfield. Vehicles: high-occupancy vehicle lanes.
Existing federal law authorizes, until September 30, 2017, a state
to allow specified labeled vehicles to use lanes designated for
high-occupancy vehicles (HOVs).
Existing state law authorizes the Department of Transportation to
designate certain lanes for the exclusive use of HOVs, which lanes
may also be used, until January 1, 2015, or until the Secretary of
State receives a specified notice, by certain low-emission, hybrid,
or alternative fuel vehicles not carrying the requisite number of
passengers otherwise required for the use of an HOV lane, if the
vehicle displays a valid identifier issued by the Department of Motor
Vehicles. A violation of provisions relating to HOV lane use by
vehicles with those identifiers is a crime.
This bill would extend the operation of those provisions for
certain low-emission vehicles to January 1, 2019, or until federal
authorization expires, or until the Secretary of State receives that
specified notice, whichever occurs first. The bill would until
January 1, 2015, or until the Secretary of State receives that
specified notice, authorize the department to issue a valid
identifier to a vehicle that meets California's transitional
zero-emission vehicle (TZEV) standard. The bill would also repeal
duplicate provisions of law, delete obsolete provisions of law
relating to hybrid vehicles, and make additional conforming changes.
By extending a crime that otherwise would be inoperative, the
bill would impose a state-mandated local program.
This bill would incorporate additional substantive changes in
Sections 5205.5 and 21655.9 of the Vehicle Code made by SB 286, to
become operative if SB 286 and this bill become effective on or
before January 1, 2014, and this bill is enacted last.
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.
The bill would become operative only if SB 286 is enacted and
takes effect on or before January 1, 2014.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5205.5 of the Vehicle Code, as amended by
Section 2 of Chapter 674 of the Statutes of 2012, 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
actual 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 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.
(2) A vehicle that was produced during the 2004 model-year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
(3) A vehicle that meets California's enhanced advanced technology
partial zero-emission vehicle (enhanced AT PZEV) standard or
transitional zero-emission vehicle (TZEV) standard.
(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, 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, 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 number 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).
(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) of subdivision (a), the department shall issue no more
than 40,000 distinctive decals, labels, or other identifiers that
clearly distinguish a vehicle specified in paragraph (3) of
subdivision (a).
(2) 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 described in paragraph (1) 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 an
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 decal, label, or identifier issued pursuant to this section shall
be exempt from toll charges imposed on single-occupant vehicles 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) On or before March 1, 2014, paragraph (1) does not apply to
the imposition of a toll imposed for passage in lanes designated for
tolls pursuant to the federally supported value pricing and transit
development demonstration program operated pursuant to Section 149.9
of the Streets and Highways Code for State Highway Route 10 or 110.
(C) 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) (1) This section shall not apply to a vehicle described in
paragraph (3) of subdivision (a) on or after January 1, 2015, or the
date that the Secretary of State receives the notice described in
subdivision (i), whichever occurs first.
(2) This section shall become inoperative on January 1, 2019, or
the date the federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, or the date that the Secretary
of State receives the notice described in subdivision (i), whichever
occurs first, and, as of January 1, 2019, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2019, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 1.5. Section 5205.5 of the Vehicle Code, as amended by
Section 2 of Chapter 674 of the Statutes of 2012, 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
actual 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 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.
(2) A vehicle that was produced during the 2004 model-year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
(3) A vehicle that meets California's enhanced advanced technology
partial zero-emission vehicle (enhanced AT PZEV) standard or
transitional zero emission vehicle (TZEV) standard.
(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, 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, 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 number 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).
(f) (1) Except as provided in paragraph (2), for purposes of
paragraph (3) of subdivision (a), the department shall issue no more
than 40,000 distinctive decals, labels, or other identifiers that
clearly distinguish a vehicle specified in paragraph (3) of
subdivision (a).
(2) 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 described in paragraph (1) 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 an
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 decal, label, or identifier issued pursuant to this section shall
be exempt from toll charges imposed on single-occupant vehicles 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) On or before March 1, 2014, paragraph (1) does not apply to
the imposition of a toll imposed for passage in lanes designated for
tolls pursuant to the federally supported value pricing and transit
development demonstration program operated pursuant to Section 149.9
of the Streets and Highways Code for State Highway Route 10 or 110.
(C) 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 January 1, 2019, or
the date the federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, or the date that the Secretary
of State receives the notice described in subdivision (i), whichever
occurs first, and, as of January 1, 2019, is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2019, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 2. Section 5205.5 of the Vehicle Code, as added by Section 1
of Chapter 37 of the Statutes of 2010, is repealed.
SEC. 3. 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 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 are repealed, 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) (1) This section shall not apply to a vehicle described in
paragraph (3) of subdivision (a) of Section 5205.5 on or after
January 1, 2015, or the date that the Secretary of State receives the
notice described in subdivision (i) of Section 5205.5, whichever
occurs first.
(2) This section shall become inoperative on January 1, 2019, or
the date federal authorization pursuant to Section 166 of Title 23 of
the United States Code expires, or the date that the Secretary of
State receives the notice described in subdivision (i) of Section
5205.5, whichever occurs first, and, as of January 1, 2019, is
repealed, unless a later enacted statute, that becomes operative on
or before January 1, 2019, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 3.5. 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 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 are repealed, 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 January 1, 2019, or
the date the federal authorization pursuant to Section 166 of Title
23 of the United States Code expires, or the date that the Secretary
of State receives the notice described in subdivision (i) of Section
5205.5, whichever occurs first, and, as of January 1, 2019, is
repealed, unless a later enacted statute, that becomes operative on
or before January 1, 2019, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4. (a) Section 1.5 of this bill incorporates substantive
amendments to Section 5205.5 of the Vehicle Code proposed by both
this bill and Senate Bill 286. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 5205.5 of the Vehicle Code, and
(3) this bill is enacted after Senate Bill 286, in which case Section
1 of this bill shall not become operative.
(b) Section 3.5 of this bill incorporates substantive amendments
to Section 21655.9 of the Vehicle Code proposed by both this bill and
Senate Bill 286. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2014, (2)
each bill amends Section 21655.9 of the Vehicle Code, and (3) this
bill is enacted after Senate Bill 286, in which case Section 3 of
this bill shall not become operative.
SEC. 5. 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.
SEC. 6. This act shall become operative only if Senate Bill 286 is
enacted and becomes effective on or before January 1, 2014.
