AB 1964: High-occupancy vehicle lanes: vehicle exceptions.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-17
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 applicants 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.
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.
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 3rd 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 8.6% 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 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.
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.
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 3rd 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 8.6% of the total new car market share for 2 consecutive years, upon notification by the State Air Resources Board, as specified.
The bill would make conforming changes allowing vehicles displaying specified identifiers to use HOV lanes.
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.
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.
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 end the authority of the Department of Motor Vehicles to issue those identifiers for specified vehicles on January 1, 2018, and would provide that those identifiers issued before January 1, 2018, for specified vehicles are valid until January 1, 2019. The bill would authorize the department 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
The bill would provide that those other 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 those other identifiers issued for those vehicles on or after January 1, 2019, would be valid until January 1 of the 3rd year after the year of issuance. The 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 8.6% of the total new car market share for 2 consecutive years, upon notification by the State Air Resources Board, as specified.
The bill would make conforming changes allowing vehicles displaying those other specified identifiers to use HOV lanes.
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.
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.
This bill would extend the operation of the provisions allowing specified vehicles to use HOV lanes until January 1, 2029, or until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first. The bill would end the authority of the Department of Motor Vehicles to issue those identifiers for specified vehicles on January 1, 2018, and would provide that those identifiers issued before January 1, 2018, are valid until January 1, 2019. The bill would authorize the department 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 those other identifiers issued on or after January 1, 2018, but before January 1, 2019, would be valid until January 1, 2021. The bill would provide that those other identifiers issued after January 1, 2019, would be valid until January 1 of the 3rd year after the year of issuance. The bill would make conforming changes allowing vehicles displaying those other identifiers to use HOV lanes.
By extending a crime under these provisions, 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.
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.
This bill would extend the operation of the provisions allowing specified vehicles to use HOV lanes until January 1, 2029, or until the date federal authorization expires, or until the Secretary of State receives a specified notice, whichever occurs first.
By extending a crime under these provisions, 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.
(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 states 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 states 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 states 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 XIIIB 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 XIIIB of the California Constitution.
(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 states 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 states 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 states 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 third fourth year after the year of issuance.
(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), 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, will significantly increase congestion. significantly contributes to, or is projected to significantly contribute to, congestion of those lanes.
(3)The finding shall also demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, Alleviating the congestion by reducing the use of the lane by noneligible vehicles through increased enforcement or further increasing vehicle occupancy. occupancy is either infeasible in the immediate future or is forecast to result in increased congestion in the corridor overall.
(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 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)(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 8.6 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 8.6 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 8.6 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)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)(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)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 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), whichever occurs first.
(k)If this section becomes inoperative pursuant to subdivision (j), 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) of Section 5205.5, whichever occurs first.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 Californias the states 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 Californias the states 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 Californias the states 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 third year after the year of issuance.
(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, 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 of the vehicles described in subdivision (a) in these lanes, or portions thereof, of the lanes, 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 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)(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 8.6 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 8.6 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 8.6 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)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)(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)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 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), whichever occurs first.
(k)If this section becomes inoperative pursuant to subdivision (j), 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) of Section 5205.5, whichever occurs first.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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)Until January 1, 2018, a A vehicle that meets Californias 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)Until January 1, 2018, a A vehicle that was produced during the 2004 model year or earlier and meets Californias 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 Californias 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, 2022. 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 third year after the year of issuance.
(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 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)(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 8.6 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 8.6 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 8.6 percent of the total new car market share for two consecutive years, calculated cumulatively for each of the two years.
(f)
(3)The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions:
(1)
(A)The vehicle is of a type identified in paragraph (3) of subdivision (a).
(2)
(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.
(3)
(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 a valid 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 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)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 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), whichever occurs first.
(k)If this section becomes inoperative pursuant to subdivision (j), 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) of Section 5205.5, whichever occurs first.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 reasonable costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles:
(1)A Until January 1, 2018, a vehicle that meets Californias 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 Until January 1, 2018, a vehicle that was produced during the 2004 model year or earlier and meets Californias 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 Californias 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, 2022. A decal, label, and other identifier issued pursuant to this paragraph on or after January 1, 2019, is valid until January 1 of the third year after the year of issuance.
(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 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 85,000 distinctive decals, labels, or other identifiers that clearly distinguish a vehicle specified in paragraph (3) 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.
(2)
(f)The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions:
(A)
(1)The vehicle is of a type identified in paragraph (3) of subdivision (a).
(B)
(2)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)
(3)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 a valid 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 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)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)
(B)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, 2029, or 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), whichever occurs first, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. first.
(k)If this section becomes inoperative pursuant to subdivision (j), 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 are repealed, 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 January 1, 2029, or 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) of Section 5205.5, whichever occurs first, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. first.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(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 Californias 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 Californias ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard.
(3)A vehicle that meets Californias 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 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 85,000 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 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)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, 2029, or 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), whichever occurs first, and, as of January 1, 2019, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, 2029, deletes or extends the dates on which it becomes inoperative and 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 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, 2029, or 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) of Section 5205.5, whichever occurs first, and, as of January 1, 2019, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, 2029, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| May 5, 2016 | Read third time and amended. Ordered to third reading. (Page 4677.) |
| Aug 17, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 16, 2016 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 30, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28). |
| May 19, 2016 | Referred to Com. on T. & H. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 19.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 19. Page 4773.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 12, 2016 | Read first time. To print. |
| May 5, 2016 | Read third time and amended. Ordered to third reading. |
| Apr 28, 2016 | Read second time. Ordered to third reading. |
| Apr 27, 2016 | From committee: Do pass. (Ayes 12. Noes 6.) (April 27). |
| Apr 12, 2016 | Re-referred to Com. on APPR. |
| Apr 11, 2016 | Read second time and amended. |
| Apr 7, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 2.) (April 4). |
| Mar 29, 2016 | Re-referred to Com. on TRANS. |
| Mar 28, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Feb 25, 2016 | Referred to Com. on TRANS. |
| Feb 16, 2016 | From printer. May be heard in committee March 17. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 12, 2016 | AB 1964 BLOOM Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 27, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance Of Automobile Manufacturers Inc. | * Support | Jun 28, 2016 |
| American Lung Association | * For If Amend | Jun 28, 2016 |
| Association Of Global Automakers (Aga) | * Support | Apr 4, 2016 |
| Auto Alliance | ** Support | Apr 27, 2016 |
| California Electric Transportation Coalition | * Support | Jun 28, 2016 |
| California Natural Gas Vehicle Coalition | ** Support | Jun 28, 2016 |
| Clean Energy | ** Support | Jun 28, 2016 |
| Fiat Chrysler | * Support | Jun 28, 2016 |
| General Motors LLC | * Support | Jun 28, 2016 |
| Global Automakers | * Support | Jun 28, 2016 |
| Silicon Valley Leadership Group | ** Support | Jun 28, 2016 |
| Toyota | * Support | Jun 28, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1964
: 8/17/16
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 6/28/16
AYES: Beall, Cannella, Allen, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Bates
SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 50-19, 5/12/16 - See last page for vote
SOURCE: Alliance of Automobile Manufacturers
DIGEST: This bill modifies the Clean Air Vehicle program, which enables certain low-emission vehicles to access carpool lanes with a single occupant, and creates a new program to take effect when the Clean Air Vehicle program sunsets in 2019.
HOV lanes
Existing law provides that a high-occupancy vehicle (HOV) lane, also known as a carpool lane, aims to promote and encourage ridesharing, thereby alleviating traffic congestion and improving air quality. Depending on the particular HOV lane, a vehicle must have a minimum of either two or three occupants in order to access the lane.
Existing federal law authorizes states to allow certain low-emission vehicles with a single occupant to use HOV lanes. If the vehicles cause a degradation of HOV lane operations, the state must limit or discontinue clean-air vehicle use of the lanes. Federal law deems that an HOV lane is degraded if vehicles operating in the lane fail to maintain a minimum average operating speed (generally 45 mph) during 90% of the time over a consecutive 180-day period during morning or evening weekday peak-hour periods. Pursuant to federal law, state law authorizes the state Department of Transportation (Caltrans), if it is able to attribute unacceptable congestion levels to clean vehicles, to ban them from HOV lanes.
Clean Air Vehicle program
Existing state law exempts certain clean, alternative-fuel vehicles from HOV lane occupancy requirements, so that a single-occupant vehicle may use an HOV lane if it displays a Clean Air Vehicle sticker. (See Background for HOV sticker programs.)
This bill:
- Removes the cap on the number of green stickers that the Department of Motor Vehicles (DMV) may issue.
- Allows the white sticker program to sunset on January 1, 2019, pursuant to existing law.
- Provides that green stickers issued prior to January 1, 2018, shall sunset on January 1, 2019, pursuant to existing law, but green stickers issued between January 1, 2018 and January 1, 2019, shall be valid until January 1, 2021.
- Provides that stickers issued on or after January 1, 2019, under the new program established by this bill (which effectively replaces the green sticker program), are valid until January 1 of the fourth year after the year of issuance. Requires the new stickers to be distinguishable from prior stickers.
- Prohibits the 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.
- Provides 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.
- Requires Caltrans to eliminate access to individual HOV lanes, or portions of these lanes, for stickered cars upon the request of, and with the concurrence of, the appropriate regional transportation agency, following a specified finding by Caltrans.
- Prohibits DMV, beginning January 1, 2019, from issuing a sticker to an applicant who has received a CVRP rebate, unless the applicant’s income falls below the following income limits: $125,000 for a single filer, $170,000 for a head-of-household filer, or $250,000 for a joint filer. Requires DMV to collaborate with ARB to establish procedures to implement this provision, including, but not limited to:
- Amending the applications for both CVRP and the Clean Air Vehicle Program to include a statement indicating that the applicant cannot participate in both programs unless he or she meets the income limits prescribed in this bill.
- Notifying consumers through existing education and outreach efforts of the eligibility criteria and conditions.
- Establishing appropriate compliance and enforcement measures.
- Establishing information sharing between DMV and ARB to implement the requirements of this bill.
Background
Clean Air Vehicle program
The state has implemented three clean-air vehicle HOV sticker programs in recent years:
- White HOV stickers: AB 71 (Cunneen, Chapter 330, Statutes of 1999) established the “white sticker program,” which allows certain clean-air vehicles to drive in carpool lanes with a single occupant. These vehicles are typically pure battery electric vehicles (BEVs), dedicated compressed natural gas or liquid petroleum gas vehicles, and hydrogen fuel cell electric vehicles (FCEVs), such as the Nissan Leaf, Tesla Model S, and Toyota Mirai, among others. State law does not limit the number of white stickers; as of June 14, 2016, the DMV had issued 106,706 white stickers. White stickers expire on January 1, 2019.
- Yellow HOV stickers (expired): AB 2618 (Pavley, Chapter 725, Statutes of 2004) established the “yellow sticker program,” which granted HOV lane access to certain single-occupant, hybrid, or alternatively-fueled vehicles (primarily the Toyota Prius). The number of vehicles under this program was ultimately capped at 85,000, a limit that was reached in 2007; all yellow stickers expired on July 1, 2011.
- Green HOV stickers: SB 535 (Yee, Chapter 215, Statutes of 2010) established the “green sticker program,” which allows certain single-occupant vehicles —generally, plug-in hybrid vehicles (PHEVs) — to drive in carpool lanes. Eligible vehicles include the Chevrolet Volt, Ford C-Max Energi, Honda Accord Plug-in Hybrid, and Toyota Prius Plug-in, among others. State law limits the number of green stickers that DMV may issue to 85,000; this cap was reached in December 2015. Existing green stickers expire on January 1, 2019.
ZEV goals
Executive Order B-16-12 of 2012 established a goal of 1.5 million zero-emission vehicles (ZEVs) on California’s roads by 2025. SB 1275 (De León, Chapter 530, Statutes of 2014) builds on this goal by establishing the Charge Ahead California Initiative, which aims to place one million electric cars, trucks, and buses on California’s roads by 2023. The ZEV regulation, commonly known as the ZEV mandate, sets a goal for ZEVs and near-ZEVs to comprise 15% of new cars sold in California by 2025. The ZEV regulation requires a certain percentage of a vehicle manufacturer’s fleet each year to be BEVs and FCEVs, clean PHEVs, clean hybrids, and/or clean gasoline vehicles with near-zero tailpipe emissions. If a manufacturer fails to meet its ZEV requirement, it is subject to financial penalties.
Clean Vehicle Rebate Project (CVRP)
CVRP is intended to encourage and accelerate zero- and near-zero emission, on-road light-duty vehicle deployment, and technology innovation. The program, which is administered by the Air Resources Board’s (ARB) contractor, the California Center for Sustainable Energy, provides rebates of up to $4,000 for purchasing or leasing a new BEV, up to $3,000 for a PHEV, and up to $6,000 for an FCEV. There is no cap on the number of rebates which may be issued, but rebates are subject to funding availability and the program has more than once been forced to stop issuing rebates and create a waiting list due to funds running out. Currently, all applications submitted after June 10, 2016, are being placed on a waiting list.
Amidst concerns that the program was primarily benefiting wealthy car buyers who would likely have bought an alternative vehicle regardless of the rebate, SB 1275 required CVRP eligibility to be based on income. Accordingly, in March 2016, ARB set an income cap of $250,000 for single filers, $340,000 for head-of-household filers and $500,000 for joint filers. The ARB also modified the program to increase rebates by $1,500 for consumers with household incomes less than or equal to 300% of the federal poverty level (about $73,000 for a family of four).
Comments
- Purpose. The author states that the green sticker program has helped spur the sale of PHEVs, but has currently reached its limit of 85,000 stickers. According to the author, it is vital for the state to quickly address the long-term strategy for the program because long-term certainty will encourage consumers to purchase these vehicles and help manufacturers meet ZEV goals. This bill will help create a more sustainable, long-term program once the current program expires. The author states that as numerous environmental programs compete for a limited amount of General Fund and Greenhouse Gas Reduction Fund monies, it is important that we fortify this non-monetary incentive to help the state meet its ZEV and greenhouse gas (GHG) reduction goals.
- ZEV goal: How are we doing? According to ARB, as of December 2015 there were 180,000 ZEVs on California’s roads, representing about 3.5% of new car sales. About 1.4 million ZEVs were sold between 2010 and 2015. ARB’s 2013 Climate Change Scoping Plan and current draft Mobile Source Strategy both point to the need for the light-duty vehicle fleet to be largely electrified by 2050, with ZEV sales of nearly 100% by that point.
- Do single-occupant vehicles clog carpool lanes? According to Caltrans’ most recent HOV lane degradation report, approximately 54% of HOV lanes in California were degraded during the first half of the year and 59% during the second half of the year. Caltrans identifies key causes of HOV lane congestion as vehicles from HOV lanes merging into general-purpose lanes at the end of the HOV lane, highway congestion, and lane-change conflicts when drivers attempt to enter or exit the HOV lane, traffic incidents on the freeway, and severe weather resulting in lower speeds. Caltrans states that it is not considering prohibitions on clean vehicles in HOV lanes because they account for a relatively small percentage of peak-hour HOV volume. Proponents of this bill state that the “rolling” program established by this bill (e.g., stickers only being valid for three years) is intended to help address traffic congestion concerns.
- How many stickers are enough? The now-defunct yellow sticker program was terminated at 85,000 stickers to help promote development of newer plug-in hybrid and other zero-emission technologies. Automakers are working to develop these technologies in response to the federal Corporate Average Fuel Economy and GHG emissions standards, which aim to increase fuel economy to the equivalent of 54.5 miles per gallon for cars and light-duty trucks by 2025. Automakers argue, however, that producing the cars does no good if consumers are not motivated to buy them; the green sticker program provides an incentive to do so. In addition, this bill prohibits DMV from issuing new stickers if the sale of eligible vehicles reaches a certain percentage of total market shares for two consecutive years. This bill also, however, removes the cap entirely.
- How many incentives are enough? State, federal, and local governments offer several incentives to purchase and drive clean cars. CVRP provides rebates for the purchase or lease of a new ZEV or near-ZEV; in addition, the U.S. Department of Energy offers a $7,500 federal tax credit for the purchase of an electric vehicle. Clean vehicle owners also tend to enjoy free parking in commercial garages, among other benefits.
- Social equity concerns. For a variety of reasons, low-emission vehicles generally have higher purchase prices than comparable gasoline-powered vehicles. These higher prices generally make low-emission vehicles that qualify for HOV lane access unaffordable for low-income drivers. Some critics question whether it is appropriate to “buy” single-occupant lane access to lanes that are intended to promote ridesharing.
- Is the Clean Air Vehicle Program achieving its goals? The sponsor of this bill, the Alliance of Automobile Manufacturers, points to a recent UCLA study showing that 40% of ZEV sales in major urban areas of California are tied to green and white stickers. However, the overarching goal of the program is to improve air quality. In a February 2015 report, the state auditor noted that state law does not require any state agency to monitor program goals and objectives and that ARB had not studied the program’s effect on air quality.
- Recent amendments. This bill was amended in the Senate Appropriations Committee to prohibit the DMV from issuing a sticker to an applicant who has received a CVRP rebate unless the applicant falls within specified income limits. The amendments also require DMV to collaborate with ARB to implement this bill, as specified.
Related/Prior Legislation
AB 95 (Committee on Budget, Chapter 12, Statutes of 2015) increased the cap on the “green sticker” Clean Air Vehicle program from 70,000 to 85,000.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- 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 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.
- DMV costs to revise the green sticker program would be minor and absorbable, and any costs would be offset by decal fees. Additional costs to limit eligibility for higher income applicants are unknown at this time. (Motor Vehicle Account)
- California ARB costs of approximately $39,000 annually (Motor Vehicle Account) to review and verify green sticker eligible vehicles and track the market share of those vehicles for purposes of the bill. Additional costs to coordinate with DMV to establish procedures to limit eligibility for decals and rebates provided under the Clean Vehicle Rebate Program (are unknown at this time. (Greenhouse Gas Reduction Fund)
- 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)
Alliance of Automobile Manufacturers (source)
California Electric Transportation Coalition
California Natural Gas Vehicle Coalition
ChargePoint
Clean Energy
Silicon Valley Leadership Group
OPPOSITION: (Verified 8/18/16)
Plug In America
ASSEMBLY FLOOR: 50-19, 5/12/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Campos, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Frazier, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon, Hadley, Roger Hernández, Holden, Irwin, Kim, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Rendon
NOES: Travis Allen, Bigelow, Brough, Brown, Chávez, Cooper, Dahle, Beth Gaines, Gallagher, Gray, Grove, Harper, Lackey, Mathis, Obernolte, Salas, Steinorth, Wagner, Waldron
NO VOTE RECORDED: Burke, Calderon, Chang, Eggman, Cristina Garcia, Gonzalez, Jones, Jones-Sawyer, Mayes, Quirk, Wood
8/18/16 17:17:58
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1964 (Bloom) - High-occupancy vehicle lanes: vehicle exceptions
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
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 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. Additional costs to limit eligibility for higher income applicants are unknown at this time. (Motor Vehicle Account)
- California Air Resources Board (CARB) costs of approximately $39,000 annually (Motor Vehicle Account) to review and verify “green sticker” eligible vehicles and track the market share of those vehicles for purposes of the bill. Additional costs to coordinate with DMV to establish procedures to limit eligibility for decals and rebates provided under the Clean Vehicle Rebate Program are unknown at this time. (Greenhouse Gas Reduction Fund)
- 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)
Committee Amendments:
- On or after January 1, 2019, prohibit DMV from issuing a decal to an applicant who has received a rebate under the Clean Vehicle Rebate Program (CVRP), unless the rebate was issued to a person with an income below $125,000 for single filers, $170,000 for head-of-household filers, or $250,000 for joint filers of tax returns.
- Require DMV to coordinate with CARB to establish procedures to implement this limitation, including the following actions:
- Amending the applications for both the “green sticker program” and the CVRP to include a statement indicating that an applicant cannot participate in both programs unless he or she meets the specified income restrictions. The applications must require the applicant to provide a signature confirming that he or she understands this condition.
- Notifying consumers of the eligibility criteria and conditions using existing education and outreach efforts.
- Establishing appropriate compliance and enforcement measures.
- Establishing information sharing between the department and the board to implement the requirements.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1964 (Bloom) - High-occupancy vehicle lanes: vehicle exceptions
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
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 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 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 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 --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 6/28/16
Author: | Bloom | ||
Version: | 5/5/2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Erin Riches | ||
SUBJECT:
DIGEST: This bill modifies the Clean Air Vehicle program, which enables certain low-emission vehicles to access carpool lanes with a single occupant, and creates a new program to take effect when the Clean Air Vehicle program sunsets in 2019.
ANALYSIS:
HOV lanes
Existing law provides that a high-occupancy vehicle (HOV) lane, also known as a carpool lane, aims to promote and encourage ridesharing, thereby alleviating traffic congestion and improving air quality. Depending on the particular HOV lane, a vehicle must have a minimum of either two or three occupants in order to access the lane.
Existing federal law authorizes states to allow certain low-emission vehicles with a single occupant to use HOV lanes. If the vehicles cause a degradation of HOV lane operations, the state must limit or discontinue clean-air vehicle use of the lanes. Federal law deems that an HOV lane is degraded if vehicles operating in the lane fail to maintain a minimum average operating speed (generally 45 mph) during 90% of the time over a consecutive 180-day period during morning or evening weekday peak-hour periods. Pursuant to federal law, state law authorizes the state Department of Transportation (Caltrans), if it is able to attribute unacceptable congestion levels to clean vehicles, to ban them from HOV lanes.
Clean Air Vehicle program
Existing state law exempts certain clean, alternative-fuel vehicles from HOV lane occupancy requirements, so that a single-occupant vehicle may use an HOV lane if it displays a Clean Air Vehicle sticker. The state has implemented three clean-air vehicle HOV sticker programs in recent years:
- White HOV stickers: AB 71 (Cunneen, Chapter 330, Statutes of 1999) established the “white sticker program,” which allows certain clean air vehicles to drive in carpool lanes with a single occupant. These vehicles are typically pure battery electric vehicles, dedicated compressed natural gas or liquid petroleum gas vehicles, and hydrogen fuel cell vehicles, such as the Nissan Leaf, Tesla Model S, and Toyota Mirai, among others. State law does not limit the number of white stickers; as of June 14, 2016, the state Department of Motor Vehicles (DMV) had issued 106,706 white stickers. White stickers expire on January 1, 2019.
- Yellow HOV stickers (expired): AB 2618 (Pavley, Chapter 725, Statutes of 2004) established the “yellow sticker program,” which granted HOV lane access to certain single-occupant, hybrid, or alternatively-fueled vehicles (primarily the Toyota Prius). The number of vehicles under this program was ultimately capped at 85,000, a limit that was reached in 2007; all yellow stickers expired on July 1, 2011.
- Green HOV stickers: SB 535 (Yee, Chapter 215, Statutes of 2010) established the “green sticker program,” which allows certain single-occupant vehicles —generally, plug-in hybrid vehicles — to drive in carpool lanes. Eligible vehicles include the Chevrolet Volt, Ford C-Max Energi, Honda Accord Plug-in Hybrid, and Toyota Prius Plug-in, among others. State law limits the number of green stickers that DMV may issue to 85,000; this cap was reached in December 2015. Existing green stickers expire on January 1, 2019.
ZEV goals
Executive Order B-16-12 of 2012 established a goal of 1.5 million zero-emission vehicles (ZEVs) on California’s roads by 2025. SB 1275 (De León, Chapter 530, Statutes of 2014) builds on this goal by establishing the Charge Ahead California Initiative, which aims to place one million electric cars, trucks, and buses on California’s roads by 2023. The ZEV regulation, commonly known as the ZEV mandate, sets a goal for ZEVs and near-ZEVs to comprise 15% of new cars sold in California by 2025. The ZEV regulation requires a certain percentage of a vehicle manufacturer’s fleet each year to be battery electric and fuel-cell vehicles, clean plug-in hybrids, clean hybrids, and/or clean gasoline vehicles with near-zero tailpipe emissions. If a manufacturer fails to meet its ZEV requirement, it is subject to financial penalties.
This bill:
- Removes the cap on the number of green stickers that DMV may issue.
- Allows the white sticker program to sunset on January 1, 2019, pursuant to existing law.
- Provides that green stickers issued prior to January 1, 2018, shall 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.
- Provides that stickers issued on or after January 1, 2019, under the new program established by this bill (which effectively replaces the green sticker program), are valid until January 1st of the third year after the year of issuance. Requires the new stickers to be distinguishable from prior stickers.
- Prohibits the DMV from issuing stickers under the new program if the sale of eligible vehicles reaches at least 8.6% of the total new car market share for two consecutive years. Prohibits the DMV from reinstating the program in a later year if sales fall below that point.
- Provides 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.
COMMENTS:
- Purpose. The author states that the green sticker program has helped spur the sale of plug-in hybrid electric vehicles, but has currently reached its limit of 85,000 stickers. According to the author, it is vital for the state to quickly address the long-term strategy for the program because long-term certainty will encourage consumers to purchase these vehicles and help manufacturers meet ZEV goals. This bill will help create a more sustainable, long-term program once the current program expires. The author states that as numerous environmental programs compete for a limited amount of General Fund and Greenhouse Gas Reduction Fund monies, it is important that we fortify this non-monetary incentive to help the state meet its ZEV and greenhouse gas (GHG) reduction goals.
- What does the budget do? SB 838, the Senate transportation budget trailer bill, maintains the January 1, 2019, sunset on both the green and white sticker programs and removes the 85,000 cap on the green sticker program. AB 1610, the Assembly transportation budget trailer, does not include any provisions relating to the Clean Air Vehicle program. The Governor has proposed to extend the white sticker program until October 1, 2025, pursuant to FAST Act authorization; this language is not currently included in either SB 838 or AB 1610. As of this writing, neither bill has moved to the Governor’s desk. There has been some discussion of taking the Clean Air Vehicle Program out of budget discussion and instead resolving it in policy discussion (e.g., this bill), but as of this writing those negotiations are ongoing.
- ZEV goal: How are we doing? According to the state Air Resources Board (ARB), as of December 2015 there were 180,000 ZEVs on California’s roads, representing about 3.5% of new car sales. About 1.4 million ZEVs were sold between 2010 and 2015. ARB’s 2013 Climate Change Scoping Plan and current draft Mobile Source Strategy both point to the need for the light-duty vehicle fleet to be largely electrified by 2050, with ZEV sales of nearly 100% by that point.
- Do single-occupant vehicles clog carpool lanes? According to Caltrans’ most recent HOV lane degradation report, approximately 54% of HOV lanes in California were degraded during the first half of the year and 59% during the second half of the year. Caltrans identifies key causes of HOV lane congestion as vehicles from HOV lanes merging into general-purpose lanes at the end of the HOV lane, highway congestion, lane-change conflicts when drivers attempt to enter or exit the HOV lane, traffic incidents on the freeway, and severe weather resulting in lower speeds. Caltrans states that it is not considering prohibitions on clean vehicles in HOV lanes because they account for a relatively small percentage of peak-hour HOV volume. Proponents of this bill state that the “rolling” program established by this bill (e.g., stickers only being valid for three years) is intended to help address traffic congestion concerns.
- How many stickers are enough? As noted on the ARB website regarding the yellow sticker program, “The California legislature limited the time of this early hybrid vehicle program to help promote and encourage development of newer plug-in hybrid and other zero-emissions technologies.” Automakers are already working to develop these technologies in response to the federal Corporate Average Fuel Economy (CAFE) and greenhouse gas emissions standards, which aim to increase fuel economy to the equivalent of 54.5 miles per gallon for cars and light-duty trucks by 2025. Automakers argue, however, that producing the cars does no good if consumers are not motivated to buy them; the green sticker program provides an incentive to do so. In addition, this bill was amended in the Assembly to prohibit DMV from issuing new stickers if the sale of eligible vehicles reaches a certain percentage of total market share for two consecutive years. This bill also, however, removes the cap entirely.
- How many incentives are enough? The state, federal, and local governments offer several incentives to purchase and drive clean cars. The Clean Vehicle Rebate Program (CVRP) provides rebates of up to $5,000 for the purchase or lease of a new ZEV or near-ZEV. In addition, the U.S. Department of Energy offers a $7,500 federal tax credit for the purchase of an electric vehicle. Clean vehicle owners also tend to enjoy free parking in commercial garages, among other benefits.
- Social equity concerns. For a variety of reasons, low-emission vehicles generally have higher purchase prices than comparable gasoline-powered vehicles. These higher prices generally make low-emission vehicles that qualify for HOV lane access unaffordable for low-income drivers. Some critics question whether it is appropriate to “buy” single-occupant lane access to lanes that are intended to promote ridesharing.
- Is the Clean Air Vehicle program achieving its goals? The sponsor of this bill, the Alliance of Automobile Manufacturers, points to a recent UCLA study showing that 40% of ZEV sales in major urban areas of California are tied to green and white stickers. However, the overarching goal of the program is to improve air quality. In a February 2015 report, the State Auditor pointed out that state law does not require any state agency to monitor the goals and objectives of the program and that ARB had not studied the effect of the program on air quality.
- Time to narrow the program? A coalition comprised of the American Lung Association of California, Coalition for Clean Air, Natural Resources Defense Council, and Union of Concerned Scientists has taken a “support if amended” position on this bill. The coalition seeks two amendments:
- Provide that only vehicles achieving an all-electric range of at least 25 miles would be eligible for green stickers, with the all-electric range gradually increasing over time based on technology review by ARB. This provision would continuously spur stronger PHEV technologies while preserving HOV lane mobility benefits.
- Develop a process directing Caltrans to work with state metropolitan planning organizations regional transportation planning agencies, and the California Highway Patrol to address regional sources of HOV lane congestion, including HOV lane violations.
- Concerns about HOV lane congestion. The Los Angeles County Metropolitan Transportation Authority (LACMTA) has taken a “work with author” position on this bill. LACMTA states that although it supports deployment of alternative-fuel vehicles to reduce GHG emissions, it has general concerns about the potential impacts to its Metro ExpressLanes program operations on the I-10 and I-110 corridors and overall HOV lane congestion in Los Angeles County that could result from increased use of alternative-fuel vehicles. The Metropolitan Transportation Commission, which has not taken a position on this bill, states that the Bay Area has the highest share of stickered vehicles in the state, which has significantly degraded speeds in its HOV lanes.
- Amendments. The author will accept amendments in this committee to do the following:
- Require Caltrans to eliminate access to individual HOV lanes, or portions of these lanes, for stickered cars upon the request of, and with the concurrence of, the regional transportation agency whose jurisdiction includes HOV lanes, following a finding by Caltrans as follows:
- The lane or portion of the lane exceeds a specified level of service.
- The operation or projected operation within the next 12 months of stickered vehicles in these lanes significantly contributes, or is projected to significantly contribute, to congestion of these lanes.
- Alleviating the congestion by reducing the use of the lane by non-eligible vehicles through increased enforcement or further increasing vehicle occupancy is either infeasible within the immediate future or is forecast to result in increased congestion in the corridor overall.
- Provide that stickers issued under the program established by this bill, on or after January 1, 2019, are valid until January 1st of the fourth year after the year of issuance (rather than the third year as this bill currently specifies).
- Prohibits the 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 (rather than 8.6% as this bill currently specifies).
- Require Caltrans to eliminate access to individual HOV lanes, or portions of these lanes, for stickered cars upon the request of, and with the concurrence of, the regional transportation agency whose jurisdiction includes HOV lanes, following a finding by Caltrans as follows:
Related Legislation:
AB 95 (Committee on Budget, Chapter 12, Statutes of 2015) — increases the cap on the “green sticker” Clean Air Vehicle program from 70,000 to 85,000.
Assembly Votes:
Floor: 50-19
Approps: 12-6
Trans: 14-2
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 22, 2016.)
SUPPORT:
Alliance of Automobile Manufacturers (sponsor)
California Electric Transportation Coalition
California Natural Gas Vehicle Coalition
Clean Energy
Silicon Valley Leadership Group
OPPOSITION:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1964
Author:(Bloom)
As Amended Ver:May 5, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 14-2 | Frazier, Linder, Baker, Bloom, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Mathis, Medina, Nazarian, O'Donnell | Brown, Melendez |
Appropriations | 12-6 | Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Creates a new program (upon expiration of the existing program) to allow plug-in hybrid electric vehicles (PHEVs) access to high-occupancy vehicle (HOV) lanes for a three-year period, regardless of vehicle occupancy level. Specifically, this bill:
- Provides that decals issued in the green sticker HOV access program (discussed below) prior to January 1, 2018, are valid until January 1, 2019, also consistent with the existing sunset date; provides that decals issued in the green sticker HOV access program on or after January 1, 2018, and before January 1, 2019, are valid until January 1, 2021.
- Strikes the cap on the number of decals that can be issued in the green sticker program.
- Creates a new program, beginning January 1, 2019, that provides for the issuance of an unlimited number of decals to allow HOV access for PHEVs until January 1 of the third year after the year of issuance; requires decals for this program to be distinguishable from white or green stickers.
- Sunsets the reconstituted HOV access program when the new car PHEV market share reaches 8.6% cumulatively for two consecutive years.
- Makes other, non-substantive changes to related provisions.
FISCAL EFFECT: According to the Assembly Appropriations Committee, costs to the Department of Motor Vehicles are minor and absorbable. California Department of Transportation will continue to incur annual special fund costs of around $100,000 beyond the current sunset date for one position associated with federally required analysis and reporting regarding compliance of HOV lanes with federal performance standards.
COMMENTS: In 2012, Governor Brown issued an executive order laying the foundation for 1.5 million zero- or near-zero emission vehicles (ZEV) to be on California's roadways by 2025 (referred to as the ZEV mandate). In response, the California Air Resources Board promulgated regulations requiring the largest automakers to derive 15% of their annual California sales from electric vehicles and other zero- or near-zero emissions vehicles by 2025. This equates to approximately 270,000 vehicles annually.
Transitioning to clean air vehicles presents some significant hurdles for consumers to overcome, for example, upfront costs are higher than internal combustion engine (ICE) vehicles. Moreover, electric vehicles, with their relatively limited miles-per-charge capability, often induce range anxiety. Given this, and given the importance of these vehicles in meeting climate change goals, federal and state governments offer incentives to spur the commercial success of these vehicles. Typical incentives include: reduced purchase prices, tax credits, rebates, sales tax exemptions, HOV access, and free parking. These incentive programs appear to have been successful in enticing consumers to purchase clean air vehicles over ICE vehicles. For example, in a survey report released in 2014 by the California Center for Sustainable Energy, 59% of respondents indicated that access to HOV lanes was an important motivation for purchasing a clean air vehicle.
According to the author, this bill is necessary to provide long-term certainty for consumers of PHEVs. As the 2019 sunset date approaches, the author asserts that the value of the green sticker and the incentive for purchasing a PHEV will continually diminish. Furthermore,
this bill recognizes that the HOV access incentive should, at some point, stop. The state should not have to be in the position of indefinitely subsidizing or otherwise incentivizing ZEVs. That was not the intent of the initial HOV access incentive, as evidenced by both a sunset date and a cap on the number of decals that could be issued. This bill addresses this issue by including a performance metric for the revised program. Under this bill, HOV access incentives for PHEVs will cease after the PHEV market share of total cars sold reaches 8.6% and sustains at least this level for two consecutive years. This will ensure the incentive is in place long enough for the market to be able to sustain itself. (Of the 15% ZEV mandate, PHEVs are estimated to likely make up 8.6% of the total cars sold.)
Committee comments and concerns:
- That the state should help spur the commercial market for ZEVs is undeniable. First, transitioning from ICE vehicles to vehicles that meet the ZEV mandate is the cornerstone of the state's efforts to reduce greenhouse gas emissions from the transportation sector. The more ZEVs that are purchased, the sooner we meet these goals and the sooner we realize a healthier environment. Second, the 15% ZEV mandate will not be easy for automakers to attain and HOV access for clean air vehicles has proven to be an effective incentive to help. A recent University of California, Los Angeles study showed that the ability to access HOV lanes prompted the purchase of more than 24,000 plug-in electric cars and hybrids, representing 40% of ZEV sales in major urban areas. This bill represents a creative approach to providing a more sustainable way to continually offer this incentive.
- Increasingly, the HOV lane performance is degraded. This bill will effectively allow a significant increase in the number of vehicles that will be eligible to access the HOV lanes, thereby exacerbating the HOV lane degradation to the point that carpool requirements may have to be increased to three or more occupants.
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0002855
ASSEMBLY THIRD READING
ATR Bill Id:AB 1964
Author:(Bloom)
As Amended Ver:April 11, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 14-2 | Frazier, Linder, Baker, Bloom, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Mathis, Medina, Nazarian, O'Donnell | Brown, Melendez |
Appropriations | 12-6 | Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Creates a new program (upon expiration of the existing program) to allow plug-in hybrid electric vehicles (PHEVs) access to high-occupancy vehicle (HOV) lanes for a three-year period, regardless of vehicle occupancy level. Specifically, this bill:
- Provides that decals issued in the green sticker HOV access program (discussed below) prior to January 1, 2018, are valid until January 1, 2019, also consistent with the existing sunset date; provides that decals issued in the green sticker HOV access program on or after January 1, 2018, and before January 1, 2019, are valid until January 1, 2021.
- Strikes the cap on the number of decals that can be issued in the green sticker program.
- Creates a new program, beginning January 1, 2019, that provides for the issuance of an unlimited number of decals to allow HOV access for PHEVs until January 1 of the third year after the year of issuance; requires decals for this program to be distinguishable from white or green stickers.
- Sunsets the reconstituted HOV access program when the new car PHEV market share reaches 8.6% cumulatively for two consecutive years.
- Provides for a 60-day enforcement transition period in the event that clean air vehicle access to HOV lanes is discontinued, and makes other, non-substantive changes to related provisions.
FISCAL EFFECT: According to the Assembly Appropriations Committee, costs to the Department of Motor Vehicles are minor and absorbable. California Department of Transportation will continue to incur annual special fund costs of around $100,000 beyond the current sunset date for one position associated with federally required analysis and reporting regarding compliance of HOV lanes with federal performance standards.
COMMENTS: In 2012, Governor Brown issued an executive order laying the foundation for 1.5 million zero- or near-zero emission vehicles (ZEV) to be on California's roadways by 2025 (referred to as the ZEV mandate). In response, the California Air Resources Board promulgated regulations requiring the largest automakers to derive 15% of their annual California sales from electric vehicles and other zero- or near-zero emissions vehicles by 2025. This equates to approximately 270,000 vehicles annually.
Transitioning to clean air vehicles presents some significant hurdles for consumers to overcome, for example, upfront costs are higher than internal combustion engine (ICE) vehicles. Moreover, electric vehicles, with their relatively limited miles-per-charge capability, often induce range anxiety. Given this, and given the importance of these vehicles in meeting climate change goals, federal and state governments offer incentives to spur the commercial success of these vehicles. Typical incentives include: reduced purchase prices, tax credits, rebates, sales tax exemptions, HOV access, and free parking. These incentive programs appear to have been successful in enticing consumers to purchase clean air vehicles over ICE vehicles. For example, in a survey report released in 2014 by the California Center for Sustainable Energy, 59% of respondents indicated that access to HOV lanes was an important motivation for purchasing a clean air vehicle.
According to the author, this bill is necessary to provide long-term certainty for consumers of PHEVs. As the 2019 sunset date approaches, the author asserts that the value of the green sticker and the incentive for purchasing a PHEV will continually diminish. Furthermore,
this bill recognizes that the HOV access incentive should, at some point, stop. The state should not have to be in the position of indefinitely subsidizing or otherwise incentivizing ZEVs. That was not the intent of the initial HOV access incentive, as evidenced by both a sunset date and a cap on the number of decals that could be issued. This bill addresses this issue by including a performance metric for the revised program. Under this bill, HOV access incentives for PHEVs will cease after the PHEV market share of total cars sold reaches 8.6% and sustains at least this level for two consecutive years. This will ensure the incentive is in place long enough for the market to be able to sustain itself. (Of the 15% ZEV mandate, PHEVs are estimated to likely make up 8.6% of the total cars sold.)
Committee comments and concerns:
- That the state should help spur the commercial market for ZEVs is undeniable. First, transitioning from ICE vehicles to vehicles that meet the ZEV mandate is the cornerstone of the state's efforts to reduce greenhouse gas emissions from the transportation sector. The more ZEVs that are purchased, the sooner we meet these goals and the sooner we realize a healthier environment. Second, the 15% ZEV mandate will not be easy for automakers to attain and HOV access for clean air vehicles has proven to be an effective incentive to help. A recent University of California, Los Angeles study showed that the ability to access HOV lanes prompted the purchase of more than 24,000 plug-in electric cars and hybrids, representing 40% of ZEV sales in major urban areas. This bill represents a creative approach to providing a more sustainable way to continually offer this incentive.
- Increasingly, the HOV lane performance is degraded. This bill will effectively allow a significant increase in the number of vehicles that will be eligible to access the HOV lanes, thereby exacerbating the HOV lane degradation to the point that carpool requirements may have to be increased to three or more occupants.
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0002822
Date of Hearing: April 4, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1964 (
Author:Bloom) – As Amended Ver:April 11, 2016
SUBJECT: High-occupancy vehicle lanes: vehicle exceptions
SUMMARY: Creates a new program (upon expiration of the existing program) to allow plug-in hybrid electric vehicles (PHEVs) access to high-occupancy vehicle (HOV) lanes for a three-year period, regardless of vehicle occupancy level. Specifically, this bill:
- Provides that decals issued in the green sticker HOV access program (discussed below) prior to January 1, 2018, are valid until January 1, 2019, also consistent with the existing sunset date.
- Provides that decals issued in the green sticker HOV access program on or after January 1, 2018, and before January 1, 2019, are valid until January 1, 2021.
- Strikes the cap on the number of decals that can be issued in the green sticker program.
- Creates a new program, beginning January 1, 2019, that provides for the issuance of an unlimited number decals to allow HOV access for PHEVs until January 1 of the third year after the year of issuance; requires decals for this program to be distinguishable from white or green stickers.
- Sunsets the reconstituted HOV access program when the new car PHEV market share reaches 8.6% cumulatively for two consecutive years.
- Provides for a 60-day enforcement transition period in the event that clean air vehicle access to HOV lanes is discontinued.
- Makes other, non-substantive changes to related provisions.
EXISTING LAW:
- Directs the Department of Motor Vehicles (DMV) to issue decals for clean air vehicles, until January 1, 2019, as follows:
- White 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,
- Green stickers are available for 85,000 vehicles that meet California's enhanced AT PZEV requirement or transitional zero-emission vehicles (TZEV) standard, generally referred to as PHEVs.
- Requires that drivers of clean air vehicles displaying the appropriate white or green access sticker be allowed to use HOV lanes and freeway ramps, regardless of occupancy level, until such time as the Department of Transportation (Caltrans) determines that federal law does not authorize the state to allow these vehicles to use HOV lanes or ramps.
- Requires Caltrans to remove individual HOV lanes, or HOV lane segments, during periods of peak congestion from these access provisions if it finds that the lane exceeds a level of service C (generally meaning at or near free-flowing traffic with minimal delays) and that the operation or projected operation of clean air vehicles will significantly increase HOV lane congestion.
FISCAL EFFECT: Unknown
COMMENTS: In 2012, Governor Brown issued an executive order laying the foundation for 1.5 million zero- or near-zero emission vehicles to be on California’s roadways by 2025 (referred to as the ZEV mandate). In response, the California Air Resources Board promulgated regulations requiring the largest automakers to derive 15% of their annual California sales from electric vehicles and other zero- or near-zero emissions vehicles by 2025. This equates to approximately 270,000 vehicles annually.
Transitioning to clean air vehicles presents some significant hurdles for consumers to overcome, for example, upfront costs are higher than internal combustion engine (ICE) vehicles. Moreover, electric vehicles, with their relatively limited miles-per-charge capability, often induce range anxiety. Given this, and given the importance of these vehicles in meeting climate change goals, federal and state governments offer incentives to spur the commercial success of these vehicles. Typical incentives include: reduced purchase prices, tax credits, rebates, sales tax exemptions, HOV access, and free parking. These incentive programs appear to have been successful in enticing consumers to purchase clean air vehicles over ICE vehicles. For example, in a survey report released in 2014 by the California Center for Sustainable Energy, 59% of respondents indicated that access to HOV lanes was an important motivation for purchasing a clean air vehicle.
California's experiment in incentivizing the purchase of clean air vehicles by offering HOV lane access for single-occupant 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). That access was later expanded by AB 2628 (Pavley), Chapter 725, Statutes of 2006, to allow hybrid vehicles. Yellow decals were issued for these vehicles. Since allowing large numbers of hybrids into HOV lanes would reduce the effectiveness of the lanes by compromising their ability to offer a quicker commute than adjacent mixed-flow lanes,
AB 2628 limited the number of stickers (yellow) for hybrids that were allowed to be issued to 75,000 and allowed Caltrans to suspend HOV lane privileges for hybrids on any particular lane that reached a specified level of congestion. The yellow sticker program was eventually allowed to sunset.
SB 535 (Yee), Chapter 215, Statutes of 2010, essentially replaced the hybrid yellow sticker program with a new program aimed at incentivizing the purchase of enhanced AT PEZ. The new program (which uses green stickers) was capped at 40,000 vehicles and was originally scheduled to sunset on January 1, 2015. SB 286 (Yee), Chapter 414, Statutes of 2013, and
AB 266 (Blumenfield), Chapter, 405, Statutes of 2013, subsequently extended sunset dates for both the green sticker and white sticker programs to January 1, 2019. The cap has also been raised incrementally to the current limit of 85,000 decals, all of which have been disbursed.
An HOV lane, commonly referred to as a "carpool" or "diamond" lane, is part of a traffic management strategy designed to provide an incentive for commuters to form carpools by offering reduced travel times. The declared legislative intent in establishing these lanes is to relieve traffic congestion, conserve fuel, and reduce vehicular emissions.
The success of HOV access programs for clean air vehicles triggers concerns that allowing these additional cars in the HOV lanes may 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 law require 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 2014 data), indicates that in the first half of 2014, 59% of the HOV lanes were degraded. That number rose to 63% for the second half of 2014. According to Caltrans, the connection between clean air vehicles and degradation has yet to be established. Traffic counts indicate that clean air vehicles constitute a relatively small percentage of the peak hour HOV volume. For example, in Los Angeles and Ventura counties, clean air vehicles constituted up to 5% of the peak HOV traffic on individual freeway segments.
In response to the HOV lane performance monitoring and consistent with federal law, Caltrans submitted to the Federal Highway Administration (FHWA) an action plan to remedy the HOV lane 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 would not be considering prohibiting clean air vehicles from HOV lanes at this time because:
- These vehicles constitute a very low percentage of the users of HOV lanes; and,
- Prohibiting these vehicles runs counter to the 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 last year, 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.
According to the author, AB 1964 is necessary to provide long-term certainty for consumers of PHEVs. As the 2019 sunset date approaches, the author asserts that the value of the green sticker and the incentive for purchasing a PHEV will continually diminish. Furthermore, AB 1964 recognizes that the HOV access incentive should, at some point, stop. The state should not have to be in the position of indefinitely subsidizing or otherwise incentivizing ZEVs. That was not the intent of the initial HOV access incentive, as evidenced by both a sunset date and a cap on the number of decals that could be issued. AB 1964 addresses this issue by including a performance metric for the revised program. Under this bill, HOV access incentives for PHEVs will cease after the PHEV market share of total cars sold reaches 8.6% and sustains at least this level for two consecutive years. This will ensure the incentive is in place long enough for the market to be able to sustain itself. (Of the 15% ZEV mandate, PHEVs are estimated to likely make up 8.6% of the total cars sold.)
Committee comments and concerns:
- That the state should help spur the commercial market for ZEVs is undeniable. First, transitioning from ICE vehicles to vehicles that meet the ZEV mandate is the cornerstone of the state's efforts to reduce greenhouse gas emissions from the transportation sector. The more ZEVs that are purchased, the sooner we meet these goals and the sooner we realize a healthier environment. Second, the 15% ZEV mandate will not be easy for automakers to attain and HOV access for clean air vehicles has proven to be an effective incentive to help. A recent University of California, Los Angeles study showed that the ability to access HOV lanes prompted the purchase of more than 24,000 plug-in electric cars and hybrids, representing 40% of ZEV sales in major urban areas. AB 1964 represents a creative approach to providing a more sustainable way to continually offer this incentive.
- Increasingly, the HOV lane performance is degraded. This bill will effectively allow a significant increase in the number of vehicles that will be eligible to access the HOV lanes, thereby exacerbating the HOV lane degradation to the point that carpool requirements may have to be increased to three or more occupants.
Related legislation: AB 1851 (Gray and Ting), among other things, removes the 85,000 cap on the number of decals that can be issued in the green sticker program. AB 1851 is scheduled to be heard by this committee on April 11, 2016.
The Governor's administration has proposed trailer bill language to extend the white sticker program until 2025, consistent with recently enacted federal law. The Governor's proposal would also remove the cap on the number of decals that can be issued in the green sticker program.
Previous legislation: AB 71 (Cunneen), Chapter 330, Statutes of 1999, first authorized access to HOV lanes for vehicles in the white sticker program.
AB 2628 (Pavley), Chapter 725, Statutes of 2006, expanded the HOV lane access by allowing hybrid vehicles to use the lanes. Yellow stickers were issued for this program.
SB 535 (Yee), Chapter 215, Statutes of 2010, essentially replaced the hybrid yellow sticker program with a new program aimed at incentivizing the purchase of enhanced AT PEZ. The new program (which uses green stickers) was capped at 40,000 vehicles and was originally scheduled to sunset on January 1, 2015. Sunset dates for both the green sticker and white sticker programs were subsequently extended to January 1, 2019, by SB 286 (Yee), Chapter 414, Statutes of 2013, and AB 266 (Blumenfield), Chapter, 405, Statutes of 2013.
SB 853 (Committee on Budget and Fiscal Review), Chapter 27, Statutes of 2014, among other provisions, expanded the number of available green stickers from 40,000 to 55,000, AB 2013 (Muratsuchi), Chapter 527, Statutes of 2014, expanded the number from 55,000 to 70,000, and AB 95 (Committee on Budget), Chapter 12, Statutes of 2015, expanded the number from 70,000 to 85,000.
REGISTERED SUPPORT / OPPOSITION:
Support
Auto Alliance
Opposition
None on file
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1964
Author:(Bloom) – As Amended Ver:April 11, 2016
Policy Committee: | Transportation | Vote: | 14 - 2 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill:
- Extends access to HOV lanes, regardless of vehicle occupancy levels, for advanced technology partial zero-emission vehicles (enhanced AT PZEVs—mainly plug-in electric hybrids (PHEVs)) from the current January 1, 2019 sunset date to January 1, 2021, for such vehicles issued a decal (green sticker) from the DMV between January 1, 2018 and January 1, 2019.
- Stipulates that decals issued after January 1, 2019, are valid until January 1 of the third year after issuance. (September 30, 2025, is the federal sunset date for unrestricted use of HOV lanes by PHEVs.)
- Eliminates the 85,000 vehicle cap on issuance of green stickers and instead prohibits the issuance of any additional green stickers if the sale of PHEVs constitutes more than 8.6% of the California new car market share for two consecutive years.
FISCAL EFFECT:
Costs to the DMV are minor and absorbable. Caltrans will continue to incur annual special fund costs of around $100,000 beyond the current sunset date for one position associated with federally required analysis and reporting regarding compliance of HOV lanes with federal performance standards.
COMMENTS:
- Background. In 2012, Governor Brown issued an executive order calling for 1.5 million zero- or near-zero emission vehicles to be on California’s roadways by 2025 (referred to as the ZEV mandate). Given this, and given the importance of these vehicles in meeting climate change goals, federal and state governments offer incentives to spur the commercial success of these vehicles. Typical incentives include: reduced purchase prices, tax credits, rebates, sales tax exemptions, HOV access, and free parking.
HOV lanes are part of a traffic management strategy designed to provide an incentive for commuters to form carpools by offering reduced travel times. The declared legislative intent in establishing these lanes is to relieve traffic congestion, conserve fuel, and reduce vehicular emissions. Since 1999, numerous bills have been enacted providing access to carpool lanes, generally for specified numbers of each new generation of clean-air vehicles.
The success of HOV access programs for clean air vehicles triggers concerns that allowing these additional cars in the HOV lanes may 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 law require Caltrans to monitor the performance of HOV lanes and to take action to remedy the degradation if it occurs.
Caltrans has proposed certain actions to the Federal Highway Administration in order to address degradation of the state's HOV lanes. These steps do not include prohibiting clean air vehicles from HOV lanes. Caltrans notes that such vehicles constitute a relatively small percentage of peak HOV traffic volume.
- Purpose. According to the author, AB 1964 is necessary to provide long-term certainty for consumers of PHEVs. As the 2019 sunset date approaches, the author asserts that the value of the green sticker and the incentive for purchasing a PHEV will continually diminish.
- Related Legislation. The Administration is proposing budget trailer bill language to remove the cap on the number of decals that can be issued in the green sticker progam.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 4, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1964 (
Author:Bloom) – As Amended Ver:March 28, 2016
SUBJECT: High-occupancy vehicle lanes: vehicle exceptions
SUMMARY: Creates a new program (upon expiration of the existing program) to allow plug-in hybrid electric vehicles (PHEVs) access to high-occupancy vehicle (HOV) lanes for a three-year period, regardless of vehicle occupancy level. Specifically, this bill:
- Imposes a January 1, 2018, sunset on the issuance of decals for the white sticker HOV access program for certain clean air vehicles (discussed below); provides that decals issued before that date are valid until January 1, 2019, consistent with the existing sunset date for this program.
- Provides that decals issued in the green sticker HOV access program (also discussed below) prior to January 1, 2018, are valid until January 1, 2019, also consistent with the existing sunset date.
- Provides that decals issued in the green sticker HOV access program on or after January 1, 2018, and before January 1, 2019, are valid until January 1, 2022.
- Strikes the cap on the number of decals that can be issued in the green sticker program.
- Creates a new program, beginning January 1, 2019, that provides for the issuance of an unlimited number decals to allow HOV access for PHEVs until January 1 of the third year after the year of issuance; requires decals for this program to be distinguishable from white or green stickers.
- Provides for a 60-day enforcement transition period in the event that clean air vehicle access to HOV lanes is discontinued.
- Makes other, non-substantive changes to related provisions.
EXISTING LAW:
- Directs the Department of Motor Vehicles (DMV) to issue decals for clean air vehicles, until January 1, 2019, as follows:
- White 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,
- Green stickers are available for 85,000 vehicles that meet California's enhanced AT PZEV requirement or transitional zero-emission vehicles (TZEV) standard, generally referred to as PHEVs.
- Requires that drivers of clean air vehicles displaying the appropriate white or green access sticker be allowed to use HOV lanes and freeway ramps, regardless of occupancy level, until such time as the Department of Transportation (Caltrans) determines that federal law does not authorize the state to allow these vehicles to use HOV lanes or ramps.
- Requires Caltrans to remove individual HOV lanes, or HOV lane segments, during periods of peak congestion from these access provisions if it finds that the lane exceeds a level of service C (generally meaning at or near free-flowing traffic with minimal delays) and that the operation or projected operation of clean air vehicles will significantly increase HOV lane congestion.
FISCAL EFFECT: Unknown
COMMENTS: In 2012, Governor Brown issued an executive order laying the foundation for 1.5 million zero- or near-zero emission vehicles to be on California’s roadways by 2025 (referred to as the ZEV mandate). In response, the California Air Resources Board promulgated regulations requiring the largest automakers to derive 15% of their annual California sales from electric vehicles and other zero- or near-zero emissions vehicles by 2025. This equates to approximately 270,000 vehicles annually.
Transitioning to clean air vehicles presents some significant hurdles for consumers to overcome, for example, upfront costs are higher than internal combustion engine (ICE) vehicles. Moreover, electric vehicles, with their relatively limited miles-per-charge capability, often induce range anxiety. Given this, and given the importance of these vehicles in meeting climate change goals, federal and state governments offer incentives to spur the commercial success of these vehicles. Typical incentives include: reduced purchase prices, tax credits, rebates, sales tax exemptions, HOV access, and free parking. These incentive programs appear to have been successful in enticing consumers to purchase clean air vehicles over ICE vehicles. For example, in a survey report released in 2014 by the California Center for Sustainable Energy, 59% of respondents indicated that access to HOV lanes was an important motivation for purchasing a clean air vehicle.
California's experiment in incentivizing the purchase of clean air vehicles by offering HOV lane access for single-occupant 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). That access was later expanded by AB 2628 (Pavley), Chapter 725, Statutes of 2006, to allow hybrid vehicles. Yellow decals were issued for these vehicles. Since allowing large numbers of hybrids into HOV lanes would reduce the effectiveness of the lanes by compromising their ability to offer a quicker commute than adjacent mixed-flow lanes,
AB 2628 limited the number of stickers (yellow) for hybrids that were allowed to be issued to 75,000 and allowed Caltrans to suspend HOV lane privileges for hybrids on any particular lane that reached a specified level of congestion. The yellow sticker program was eventually allowed to sunset.
SB 535 (Yee), Chapter 215, Statutes of 2010, essentially replaced the hybrid yellow sticker program with a new program aimed at incentivizing the purchase of enhanced AT PEZ. The new program (which uses green stickers) was capped at 40,000 vehicles and was originally scheduled to sunset on January 1, 2015. SB 286 (Yee), Chapter 414, Statutes of 2013, and
AB 266 (Blumenfield), Chapter, 405, Statutes of 2013, subsequently extended sunset dates for both the green sticker and white sticker programs to January 1, 2019. The cap has also been raised incrementally to the current limit of 85,000 decals, all of which have been disbursed.
An HOV lane, commonly referred to as a "carpool" or "diamond" lane, is part of a traffic management strategy designed to provide an incentive for commuters to form carpools by offering reduced travel times. The declared legislative intent in establishing these lanes is to relieve traffic congestion, conserve fuel, and reduce vehicular emissions.
The success of HOV access programs for clean air vehicles triggers concerns that allowing these additional cars in the HOV lanes may 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 law require 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 2014 data), indicates that in the first half of 2014, 59% of the HOV lanes were degraded. That number rose to 63% for the second half of 2014. According to Caltrans, the connection between clean air vehicles and degradation has yet to be established. Traffic counts indicate that clean air vehicles constitute a relatively small percentage of the peak hour HOV volume. For example, in Los Angeles and Ventura counties, clean air vehicles constituted up to 5% of the peak HOV traffic on individual freeway segments.
In response to the HOV lane performance monitoring and consistent with federal law, Caltrans submitted to the Federal Highway Administration (FHWA) an action plan to remedy the HOV lane 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 would not be considering prohibiting clean air vehicles from HOV lanes at this time because:
- These vehicles constitute a very low percentage of the users of HOV lanes; and,
- Prohibiting these vehicles runs counter to the 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 last year, 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.
According to the author, AB 1964 is necessary to provide long-term certainty for consumers of PHEVs. As the 2019 sunset date approaches, the author asserts that the value of the green sticker and the incentive for purchasing a PHEV will continually diminish.
Committee comments, concerns, and suggested amendments:
- That the state should help spur the commercial market for ZEVs is undeniable. First, transitioning from ICE vehicles to vehicles that meet the ZEV mandate is the cornerstone of the state's efforts to reduce greenhouse gas emissions from the transportation sector. The more ZEVs that are purchased, the sooner we meet these goals and the sooner we realize a healthier environment. Second, the 15% ZEV mandate will not be easy for automakers to attain and HOV access for clean air vehicles has proven to be an effective incentive to help. A recent University of California, Los Angeles study showed that the ability to access HOV lanes prompted the purchase of more than 24,000 plug-in electric cars and hybrids, representing 40% of ZEV sales in major urban areas. AB 1964 represents a creative approach to providing a more sustainable way to continually offer this incentive.
- The problem with the HOV access incentive, and with this bill, is that there is no established expectation that the incentive should, at some point, stop. The state should not have to be in the position of indefinitely subsidizing or otherwise incentivizing ZEVs. That was not the intent of the initial HOV access incentive, as evidenced by both a sunset date and a cap on the number of decals that could be issued, and it should not be the intent of this bill.
AB 1964 should be amended to establish a performance metric for the revised program. For example, HOV access incentives for PHEVs should cease six months after the PHEV market share of total cars sold reaches 8.6% and sustains at least this level for two consecutive years. This will ensure the incentive is in place long enough for the market to be able to sustain itself. (Of the 15% ZEV mandate, PHEVs are estimated to likely make up 8.6% of the total cars sold.)
- The bill ceases to issue white stickers for pure zero emission vehicles on January 1, 2018, even though decals are valid until January 1, 2019. White stickers should be issued up until the sunset date of the program to allow even partial-year use of the HOV access benefit. The bill should be amended to correct this drafting error.
- Increasingly, the HOV lane performance is degraded. This bill will effectively allow a significant increase in the number of vehicles that will be eligible to access the HOV lanes, thereby exacerbating the HOV lane degradation to the point that carpool requirements may have to be increased to three or more occupants.
Related legislation: AB 1851 (Gray and Ting), among other things, removes the 85,000 cap on the number of decals that can be issued in the green sticker program. AB 1851 is scheduled to be heard by this committee on April 11, 2016.
The Governor's administration has proposed trailer bill language to extend the white sticker program until 2025, consistent with recently enacted federal law. The Governor's proposal would also remove the cap on the number of decals that can be issued in the green sticker program.
Previous legislation: AB 71 (Cunneen), Chapter 330, Statutes of 1999, first authorized access to HOV lanes for vehicles in the white sticker program.
AB 2628 (Pavley), Chapter 725, Statutes of 2006, expanded the HOV lane access by allowing hybrid vehicles to use the lanes. Yellow stickers were issued for this program.
SB 535 (Yee), Chapter 215, Statutes of 2010, essentially replaced the hybrid yellow sticker program with a new program aimed at incentivizing the purchase of enhanced AT PEZ. The new program (which uses green stickers) was capped at 40,000 vehicles and was originally scheduled to sunset on January 1, 2015. Sunset dates for both the green sticker and white sticker programs were subsequently extended to January 1, 2019, by SB 286 (Yee), Chapter 414, Statutes of 2013, and AB 266 (Blumenfield), Chapter, 405, Statutes of 2013.
SB 853 (Committee on Budget and Fiscal Review), Chapter 27, Statutes of 2014, among other provisions, expanded the number of available green stickers from 40,000 to 55,000, AB 2013 (Muratsuchi), Chapter 527, Statutes of 2014, expanded the number from 55,000 to 70,000, and AB 95 (Committee on Budget), Chapter 12, Statutes of 2015, expanded the number from 70,000 to 85,000.
REGISTERED SUPPORT / OPPOSITION:
Support
Auto Alliance
Opposition
None on file
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093
Discussed in Hearing
6MIN
Senate Standing Committee on Transportation and Housing
7MIN
Assembly Floor
41SEC
Assembly Floor
2MIN
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):
