LEGISLATIVE COUNSEL'S DIGEST


SB 535, as amended, Yee. Vehicles: high-occupancy vehicle lanes.
(1) Existing law authorizes the Department of Transportation to
designate certain lanes for the exclusive use of high-occupancy
vehicles (HOVs), which lanes may also be used, until January 1, 2011,
or until the Secretary of State receives a specified notice, by
certain low-emission, hybrid, or alternative fuel vehicles not
carrying the requisite number of passengers otherwise required for
the use of an HOV lane, if the vehicle displays a valid identifier. A
violation of provisions relating to HOV lane use by vehicles with
those identifiers is a crime.
This bill would revise that provision to provide that it shall
remain in effect only until January 1, 2015, or until the
Secretary of State receives that specified notice, with respect to a
vehicle that meets California's super ultra-low exhaust emission
standard and the federal inherently low-emission evaporative emission
(ILEV) standard and a vehicle produced during the 2004 model-year or
earlier that meets the California ultra-low emission vehicle
standard and the ILEV standard. With respect to all other vehicles
described above, this provision shall be operative only until
January July 1, 2011, or only until the
Secretary of State receives that specified notice, whichever occurs
first.
Existing law requires the Department of Transportation to remove
individual HOV lanes, or portions of those lanes, during periods of
peak congestion, after making certain findings, including, among
other things, a finding that the department 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.

This bill would delete this required finding.
The bill, between January 1, 2011 2012
, and January 1, 2014 2015 ,
would require the Department of Motor Vehicles to issue up to
65,000 40,000 identifiers , that
are distinguishable from the identifiers issued for low-emission,
hybrid, and alternative fuel vehicles, to vehicles that meet
California's enhanced advanced technology partial zero-emission
vehicle (enhanced AT PZEV) standard and have a 65 miles per
gallon or greater combined fuel economy rating , except the
department's authorization to do so would end if the secretary
receives the specified notice before then. The bill would authorize
vehicles with that identifier to use HOV lanes until January 1,
2014 2015 , or until the Secretary of
State receives a specified notice, whichever occurs first.
By extending and changing the definition of a crime, the bill
would impose a state-mandated local program.
The bill would make technical and conforming changes.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.

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Comments/questions on SB 535 (Yee): Vehicles: high-occupancy vehicle lanes.