Bill Text: CA AB1964 | 2015-2016 | Regular Session | Amended
Bill Title: High-occupancy vehicle lanes: vehicle exceptions.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate third reading file. [AB1964 Detail]
Download: California-2015-AB1964-Amended.html
BILL NUMBER: AB 1964 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE JUNE 30, 2016
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. Existing law requires the
Department of Transportation to remove individual HOV lanes, or
portions of those lanes, during peak periods of congestion from
access by vehicles displaying the identifiers if the department makes
specified findings.
Existing law establishes the Air Quality Improvement Program that
is administered by the State Air Resources Board for the purposes of
funding projects related to, among other things, the reduction of
criteria air pollutants and improvement of air quality. Pursuant to
the Air Quality Improvement Program, the state board has established
the Clean Vehicle Rebate Project to promote the production and use of
zero-emission vehicles.
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 4th 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 9.2% of the total new
car market share for 2 consecutive years, upon notification by the
State Air Resources Board, as specified.
The bill would impose income restrictions regarding an applicant's
ability to qualify for both an identifier and a rebate under the
Clean Vehicle Rebate Project, and would require the department to
collaborate with the board to establish procedures implementing these
restrictions.
The bill would make conforming changes allowing vehicles
displaying specified identifiers to use HOV lanes. The bill would
recast provisions relating to access to HOV lanes by vehicles
displaying those identifiers to require the Department of
Transportation to remove HOV lanes or portions of those lanes from
access by vehicles displaying identifiers upon the request of, and
with the concurrence of, the regional transportation planning agency
whose jurisdiction includes the HOV lanes if the department makes
specified findings, as prescribed.
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 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 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 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 fourth year after the year of issuance.
(b) (1) Commencing January 1, 2019, the department shall not issue
a decal, label, or other identifier to an applicant who has received
a consumer rebate pursuant to the Clean Vehicle Rebate Project,
established as a part of the Air Quality Improvement Program pursuant
to Article 3 (commencing with Section 44274) of Chapter 8.9 of Part
5 of Division 26 of the Health and Safety Code, unless the rebate was
issued to a buyer whose income falls below one hundred twenty-five
thousand dollars ($125,000) for a person who files a tax return as a
single person, one hundred seventy thousand dollars ($170,000) for a
person who files a tax return as a head-of-household, and two hundred
fifty thousand dollars ($250,000) for a person who files a joint tax
return.
(2) The department shall collaborate with the State Air Resources
Board to establish procedures to implement this subdivision,
including, but not limited to, all of the following:
(A) Amend the application form for a decal, label, or other
identifier issued pursuant to this section and the application for a
rebate under the Clean Vehicle Rebate Project to include a statement
indicating that an applicant cannot participate in both programs
unless the applicant meets the income restrictions in paragraph (1).
Each application shall require the applicant to provide a signature
to confirm that the applicant understands this condition.
(B) Notify consumers of the eligibility criteria and conditions
using existing education and outreach efforts.
(C) Establish appropriate compliance and enforcement measures.
(D) Establish information sharing between the department and the
board to implement the requirements of this subdivision.
(b)
(c) 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)
(d) The Department of Transportation shall remove
individual HOV lanes, or portions of those lanes, from the access
provisions provided in subdivision (a), upon the request of, and with
the concurrence of, the regional transportation planning agency
whose jurisdiction includes the HOV lanes, following a finding by the
Department of Transportation as follows:
(1) The lane, or portion 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 within the next 12 months
of the vehicles described in subdivision (a) in these lanes, or
portions of the lanes, significantly contributes to, or is projected
to significantly contribute to, congestion of those lanes.
(3) Alleviating the congestion by reducing the use of the lane by
noneligible vehicles through increased enforcement or further
increasing vehicle occupancy is either infeasible in the immediate
future or is forecast to result in increased congestion in the
corridor overall.
(d)
(e) 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)
(f) (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)
(g) (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 9.2 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 9.2
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 9.2 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)
(h) 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)
(i) (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)
(j) 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)
(k) 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),
( j), whichever occurs first.
(k)
( l ) If this section becomes
inoperative pursuant to subdivision (j), (k),
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) (j)
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.
