Bill Text: CA AB1500 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: High-occupancy lanes: single occupancy vehicles: sunset

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-06 - Chaptered by Secretary of State - Chapter 37, Statutes of 2010. [AB1500 Detail]

Download: California-2009-AB1500-Amended.html

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BILL NUMBER: AB 1500	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 26, 2010
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act to amend Section 21655.9 of, to amend and repeal Section
40000.13 of, and to add and repeal Section 5205.5 of, the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1500, as amended, Lieu. High-occupancy lanes: single occupancy
vehicles: sunset date. 
   Existing 
    (1)     Existing  law authorizes the
Department of Transportation to designate certain lanes for the
exclusive use of high-occupancy vehicles (HOV), which lanes may also
be used, until January 1, 2011, by certain low-emission and hybrid
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. Existing law,
until January 1, 2011, makes it a misdemeanor to illegally use a
decal, label, or other identifiers issued by the department.
   This bill would extend the date, to January 1,  2014
  2015  , that specified low-emission vehicles can
use high-occupancy lanes, the department can issue low-emission
decals or other identifiers, and illegal use of a department-issued
decal on a low-emission vehicle is considered a misdemeanor, creating
a state-mandated local program. 
   The 
   (2)     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 is added to the Vehicle Code, to read:
   5205.5.  (a) For the 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's ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV 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.
   The finding also shall 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) 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, and that number shall be printed on, or
affixed to, the vehicle registration.
   (f) 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 any 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).
   (g) 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.
   (h) This section shall become operative on January 1, 2011.
   (i) This section shall remain in effect only until January 1,
 2014   2015  , or only until the date the
Secretary of State receives the notice described in subdivision (g),
whichever occurs first, and as of that date is repealed.
  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 thereof, 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 thereof, 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 remain in effect only until January 1,
 2014   2015  , or only until the date that
the Secretary of State receives the notice described in Section
5205.5, whichever occurs first, and as of that date is repealed.
  SEC. 3.  Section 40000.13 of the Vehicle Code, as amended by
Section 5 of Chapter 614 of the Statutes of 2006, is amended to read:

   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
   (e) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (f) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
  SEC. 4.  Section 40000.13 of the Vehicle Code, as amended by
Section 6 of Chapter 614 of the Statutes of 2006, is repealed.
  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.