BILL NUMBER: AB 2600	CHAPTERED
	BILL TEXT

	CHAPTER  614
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	PASSED THE SENATE  AUGUST 30, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 7, 2006

INTRODUCED BY   Assembly Members Lieu and Lieber
   (Coauthor: Assembly Member Frommer)

                        FEBRUARY 24, 2006

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2600, Lieu  Vehicles: HOV lanes.
   (1) Existing law provides for the Department of Transportation to
designate certain lanes for the exclusive use of high-occupancy
vehicles (HOVs), which lanes may also be used by certain low-emission
and hybrid vehicles not carrying the requisite number of passengers
otherwise required for use of an HOV lane if the vehicles display a
valid identifier issued by the Department of Motor Vehicles until
January 1, 2008. Existing law requires the department to make
available for issuance, no more than 75,000 distinctive decals,
labels, and other identifiers for certain hybrid or alternative fuel
vehicles meeting specified mileage and emission standards. Existing
law authorizes, but does not require, the Bay Area Toll Authority to
grant toll-free or reduced-rate passage on the state-owned Bay Area
toll bridges to any vehicle. Existing law requires that if such
authority is exercised the same toll-free or reduced-rate passage be
extended to certain low-emission vehicles and hybrid vehicles
displaying the identifier issued by the Department of Motor Vehicles,
until January 1, 2008, subject to various conditions.
   This bill would extend these provisions until January 1, 2011, or
until the Director of Transportation determines that federal law does
not authorize the state to allow these low-emission and hybrid
vehicles to so operate in HOV lanes, whichever occurs first.
   This bill would increase the number of described distinctive
decals, labels, and other identifiers that are required to be issued
by the department to no more than 85,000, rather than no more than
75,000.
   (2) Existing law prohibits, until January 1, 2008, a person from
operating or owning a vehicle that displays a decal, label, or other
identifier if that identifier was not issued to that vehicle.
Existing law provides that a violation of this prohibition is a
misdemeanor.
   This bill would extend this prohibition to January 1, 2011 or
until the Director of Transportation makes a determination regarding
federal law, as specified. Because a violation of this prohibition is
a crime, this bill would create a state-mandated local program.
   (3) This bill would incorporate changes made to Sections 5205.5
and 21655.9 of the Vehicle Code proposed by AB 1407 to become
operative only if AB 1407 and this bill are both chaptered and become
effective on or before January 1, 2007, and this bill is chaptered
last.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5205.5 of the Vehicle Code is amended to read:

   5205.5.  (a) For the purposes of implementing Section 21655.9, the
department shall make available for issuance, for a fee determined
by the department to be sufficient to reimburse the department for
the actual costs incurred pursuant to this section, distinctive
decals, labels, and other identifiers that clearly distinguish the
following vehicles from other vehicles:
   (1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
   (2) A vehicle that was produced during the 2004 model-year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
   (3) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions and has a 45 miles
per gallon or greater fuel economy highway rating.
   (4) A hybrid vehicle that was produced during the 2004 model-year
or earlier and has a 45 miles per gallon or greater fuel economy
highway rating, and meets California's ultra-low emission vehicle
(ULEV), super ultra-low emission vehicle (SULEV), or partial
zero-emission vehicle (PZEV) standards.
   (b) Neither an owner of a hybrid vehicle that meets the AT PZEV
standard, with the exception of a vehicle that meets the federal ILEV
standard, nor an owner of a hybrid vehicle described in paragraph
(4) of subdivision (a), is entitled to a decal, label, or other
identifier pursuant to this section unless, and until, the federal
government acts to approve the use of high-occupancy vehicle lanes by
vehicles of the types identified in paragraph (3) or (4) of
subdivision (a), regardless of the number of occupants.
   (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.
   (d) The Department of Transportation shall remove individual
high-occupancy vehicle (HOV) lanes, or portions of those lanes,
during periods of peak congestion from the access provisions provided
in subdivision (a), following a finding by the Department of
Transportation as follows:
   (1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
   (2) The operation or projected operation of the vehicles described
in subdivision (a) in these lanes, or portions thereof, will
significantly increase congestion.
   The finding also shall demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles, or further
increasing vehicle occupancy.
   (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.
   (f) For purposes of subdivision (a), the Department of the
California Highway Patrol and the department, in consultation with
the Department of Transportation, shall design and specify the
placement of the decal, label, or other identifier on the vehicle.
Each decal, label, or other identifier issued for a vehicle shall
display a unique number, which number shall be printed on, or affixed
to, the vehicle registration.
   (g) (1) For purposes of subdivision (a), the department shall
issue no more than 85,000 distinctive decals, labels, or other
identifiers that clearly distinguish the vehicles specified in
paragraphs (3) and (4) of subdivision (a).
   (2) The department shall notify the Department of Transportation
immediately after the date on which the department has issued 50,000
decals, labels, and other identifiers under this section for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
   (3) The Department of Transportation shall determine whether
significant high-occupancy vehicle lane breakdown has occurred
throughout the state, in accordance with the following timeline:
   (A) For lanes that are nearing capacity, the Department of
Transportation shall make the determination not later than 90 days
after the date provided by the department under paragraph (2).
   (B) For lanes that are not nearing capacity, the Department of
Transportation shall make the determination not later than 180 days
after the date provided by the department under paragraph (2).
   (4) In making the determination that significant high-occupancy
vehicle lane breakdown has occurred, the Department of Transportation
shall consider the following factors in the HOV lane:
   (A) Reduction in level of service.
   (B) Sustained stop-and-go conditions.
   (C) Slower than average speed than the adjacent mixed-flow lanes.

   (D) Consistent increase in travel time.
   (5) After making the determinations pursuant to subparagraphs (A)
and (B) of paragraph (3), if the Department of Transportation
determines that significant high-occupancy vehicle lane breakdown has
occurred throughout the state, the Department of Transportation
shall immediately notify the department of that determination, and
the department, on the date of receiving that notification, shall
discontinue issuing the decals, labels, or other identifiers for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
   (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 any vehicle pursuant to
Section 30102.5 of the Streets and Highways Code, it shall also grant
the same toll-free and reduced-rate passage to a vehicle displaying
an identifier issued by the department pursuant to paragraph (1) or
(2) of subdivision (a) and to a vehicle displaying a valid identifier
issued by the department pursuant to paragraph (3) or (4) of
subdivision (a) if either of the following apply:
   (1) The vehicle is registered to an address outside of the region
identified in Section 66502 of the Government Code.
   (2) If the vehicle is registered to an address inside the region,
the owner of the vehicle complies with subdivision (i) unless
subdivision (j) is applicable.
   (i) An owner of a vehicle specified in paragraph (3) or (4) of
subdivision (a) whose vehicle is registered to an address in the
region identified in Section 66502 of the Government Code and who
seeks a vehicle identifier under subdivision (a) shall obtain an
account to operate within the automatic vehicle identification system
described in Section 27565 of the Streets and Highways Code and
shall submit to the department a form, approved by the department and
issued by the Bay Area Toll Authority, that contains the vehicle
owner's name, the license plate number and vehicle identification
number of the vehicle, the vehicle make and year model, and the
automatic vehicle identification system account number, as a
condition to obtaining a vehicle identifier pursuant to subdivision
(a) that allows for the use of that vehicle in high-occupancy vehicle
lanes regardless of the number of occupants.
   (j) If the automatic vehicle identification system readers on all
high-occupancy vehicle lanes on all of the toll bridges identified in
subdivision (a) of Section 30910 of the Streets and Highways Code
are not fully operational and fully funded with bridge tolls
controlled by the Bay Area Toll Authority within 90 days of the
federal government approval described in subdivision (b), then
subdivision (i) shall not be applicable and both of the following
shall apply:
   (1) The Metropolitan Transportation Commission, acting as the Bay
Area Toll Authority, shall grant toll-free and reduced-rate passage
to all vehicles displaying an identifier issued by the department
pursuant to subdivision (a).
   (2) The department shall not require documentation that the owner
of a vehicle registered to an address in the region identified in
Section 66502 of the Government Code has obtained an automatic
vehicle identification system account as a condition to the issuance
of an identifier under subdivision (a).
   (k) 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.
   (l) This section shall remain in effect only until January 1,
2011, or only until the date that the Secretary of State receives the
notice described in subdivision (k), whichever occurs first, and as
of that date is repealed.
  SEC. 2.  Section 5205.5 of the Vehicle Code is amended to read:
   5205.5.  (a) For the purposes of implementing Section 21655.9, the
department shall make available for issuance, for a fee determined
by the department to be sufficient to reimburse the department for
the actual costs incurred pursuant to this section, distinctive
decals, labels, and other identifiers that clearly distinguish the
following vehicles from other vehicles:
   (1) A vehicle that meets California's super ultra-low emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
   (2) A vehicle that was produced during the 2004 model-year or
earlier and meets California ultra-low emission vehicle (ULEV)
standard for exhaust emissions and the federal ILEV standard.
   (3) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions and has a 45 miles
per gallon or greater fuel economy highway rating.
   (4) A hybrid vehicle that was produced during the 2004 model-year
or earlier and has a 45 miles per gallon or greater fuel economy
highway rating, and meets California's ultra-low emission vehicle
(ULEV), super ultra-low emission vehicle (SULEV), or partial
zero-emission vehicle (PZEV) standards.
   (b) Neither an owner of a hybrid vehicle that meets the AT PZEV
standard, with the exception of a vehicle that meets the federal ILEV
standard, nor an owner of a hybrid vehicle described in paragraph
(4) of subdivision (a), is entitled to a decal, label, or other
identifier pursuant to this section unless, and until, the federal
government acts to approve the use of high-occupancy vehicle lanes by
vehicles of the types identified in paragraph (3) or (4) of
subdivision (a), regardless of the number of occupants.
   (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.
   (d) The Department of Transportation shall remove individual
high-occupancy vehicle (HOV) lanes, or portions of those lanes,
during periods of peak congestion from the access provisions provided
in subdivision (a), following a finding by the Department of
Transportation as follows:
   (1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
   (2) The operation or projected operation of the vehicles described
in subdivision (a) in these lanes, or portions thereof, will
significantly increase congestion.
   The finding also shall demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles, or further
increasing vehicle occupancy.
   (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.
   (f) For purposes of subdivision (a), the Department of the
California Highway Patrol and the department, in consultation with
the Department of Transportation, shall design and specify the
placement of the decal, label, or other identifier on the vehicle.
Each decal, label, or other identifier issued for a vehicle shall
display a unique number, which number shall be printed on, or affixed
to, the vehicle registration.
   (g) (1) For purposes of subdivision (a), the department shall
issue no more than 85,000 distinctive decals, labels, or other
identifiers that clearly distinguish the vehicles specified in
paragraphs (3) and (4) of subdivision (a).
   (2) The department shall notify the Department of Transportation
immediately after the date on which the department has issued 50,000
decals, labels, and other identifiers under this section for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
   (3) The Department of Transportation shall determine whether
significant high-occupancy vehicle lane breakdown has occurred
throughout the state, in accordance with the following timeline:
   (A) For lanes that are nearing capacity, the Department of
Transportation shall make the determination not later than 90 days
after the date provided by the department under paragraph (2).
   (B) For lanes that are not nearing capacity, the Department of
Transportation shall make the determination not later than 180 days
after the date provided by the department under paragraph (2).
   (4) In making the determination that significant high-occupancy
vehicle lane breakdown has occurred, the Department of Transportation
shall consider the following factors in the HOV lane:
   (A) Reduction in level of service.
   (B) Sustained stop-and-go conditions.
   (C) Slower than average speed than the adjacent mixed-flow lanes.

   (D) Consistent increase in travel time.
   (5) After making the determinations pursuant to subparagraphs (A)
and (B) of paragraph (3), if the Department of Transportation
determines that significant high-occupancy vehicle lane breakdown has
occurred throughout the state, the Department of Transportation
shall immediately notify the department of that determination, and
the department, on the date of receiving that notification, shall
discontinue issuing the decals, labels, or other identifiers for the
vehicles described in paragraphs (3) and (4) of subdivision (a).
   (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 any vehicle pursuant to
Section 30102.5 of the Streets and Highways Code, it shall also grant
the same toll-free and reduced-rate passage to a vehicle displaying
an identifier issued by the department pursuant to paragraph (1) or
(2) of subdivision (a) and to a vehicle displaying a valid identifier
issued by the department pursuant to paragraph (3) or (4) of
subdivision (a) if the vehicle is registered to an address outside of
the region identified in Section 66502 of the Government Code.
   (i) An owner of a vehicle specified in paragraph (3) or (4) of
subdivision (a) whose vehicle is registered to an address in the
region identified in Section 66502 of the Government Code and who
seeks a vehicle identifier under subdivision (a) in order to have
access to a high-occupancy vehicle lane within the jurisdiction of
the Bay Area Toll Authority shall do both of the following:
   (1) Obtain and maintain an active account to operate within the
automatic vehicle identification system described in Section 27565 of
the Streets and Highways Code and shall submit to the department a
form, approved by the department and issued by the Bay Area Toll
Authority, that contains the vehicle owner's name, the license plate
number and vehicle identification number of the vehicle, the vehicle
make and year model, and the automatic vehicle identification system
account number, as a condition to obtaining a vehicle identifier
pursuant to subdivision (a) that allows for the use of that vehicle
in high-occupancy vehicle lanes regardless of the number of
occupants.
   (2) Be eligible for toll-free or reduced-rate passage on toll
bridges within the jurisdiction of the Bay Area Toll Authority only
if, at time of passage, the vehicle meets the passenger occupancy
rate requirement established for that toll-free or reduced-rate
passage.
   (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.
   (k) This section shall remain in effect only until January 1,
2011, or only until the date the Secretary of State receives the
notice described in subdivision (j), whichever occurs first, and as
of that date is repealed.
  SEC. 3.  Section 21655.9 of the Vehicle Code is amended to read:
   21655.9.  (a) Whenever the Department of Transportation 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.
   (b) A person shall not drive a vehicle described in subdivision
(a) of Section 5205.5 with a single occupant upon a high-occupancy
vehicle lane pursuant to this section unless the decal, label, or
other identifier issued pursuant to Section 5205.5 is properly
displayed on the vehicle, and the vehicle registration described in
Section 5205.5 is with the vehicle.
   (c) A person shall not operate or own a vehicle displaying a
decal, label, or other identifier, as described in Section 5205.5, if
that decal, label, or identifier was not issued for that vehicle
pursuant to Section 5205.5. A violation of this subdivision is a
misdemeanor.
   (d) If the provisions in Section 5205.5 authorizing the department
to issue decals, labels, or other identifiers to hybrid and
alternative fuel vehicles are repealed, vehicles displaying those
decals, labels, or other identifiers shall not access high-occupancy
vehicle lanes without meeting the occupancy requirements otherwise
applicable to those lanes.
   (e) This section shall remain in effect only until January 1,
2011, or only until the date that the Secretary of State receives the
notice described in subdivision (k) of Section 5205.5, whichever
occurs first, and as of that date is repealed.
  SEC. 4.  Section 21655.9 of the Vehicle Code is amended to read:
   21655.9.  (a) (1) Whenever the Department of Transportation or a
local authority authorizes or permits exclusive or preferential use
of highway lanes or highway access ramps for high-occupancy vehicles
pursuant to Section 21655.5, the use of those lanes or ramps shall
also be extended to vehicles that are issued distinctive decals,
labels, or other identifiers pursuant to Section 5205.5 regardless of
vehicle occupancy or ownership.
   (2) A local authority during periods of peak congestion shall
suspend for a lane the access privileges extended pursuant to
paragraph (1) for those vehicles issued distinctive decals, labels,
or other identifiers pursuant to Section 5205.5, if a periodic review
of lane performance by that local authority discloses both of the
following factors regarding the lane:
   (A) The lane, or a portion thereof, exceeds a level of service C,
as described in subdivision (b) of Section 65089 of the Government
Code.
   (B) The operation or projected operation of vehicles in the lane,
or a portion thereof, will significantly increase congestion.
   (b) A person shall not drive a vehicle described in subdivision
(a) of Section 5205.5 with a single occupant upon a high-occupancy
vehicle lane pursuant to this section unless the decal, label, or
other identifier issued pursuant to Section 5205.5 is properly
displayed on the vehicle, and the vehicle registration described in
Section 5205.5 is with the vehicle.
   (c) A person shall not operate or own a vehicle displaying a
decal, label, or other identifier, as described in Section 5205.5, if
that decal, label, or identifier was not issued for that vehicle
pursuant to Section 5205.5. A violation of this subdivision is a
misdemeanor.
   (d) If the provisions in Section 5205.5 authorizing the department
to issue decals, labels, or other identifiers to hybrid and
alternative fuel vehicles are repealed, vehicles displaying those
decals, labels, or other identifiers shall not access high-occupancy
vehicle lanes without meeting the occupancy requirements otherwise
applicable to those lanes.
   (e) This section shall remain in effect only until January 1,
2011, or only until the date that the Secretary of State receives the
notice described in subdivision (l) of Section 5205.5, whichever
occurs first, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
  SEC. 5.  Section 40000.13 of the Vehicle Code, as amended by
Section 4 of Chapter 330 of the Statutes of 1999, is amended to read:

   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
   (e) Section 21655.9, subdivision (c), relating to illegal use of
decals, labels, or other identifiers.
   (f) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (g) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (h) This section shall remain in effect only until January 1,
2011, or only until the date that the Secretary of State receives the
notice from the Director of Transportation as described in Section
5205.5, whichever occurs first, and as of that date is repealed.
  SEC. 6.  Section 40000.13 of the Vehicle Code, as added by Section
5 of Chapter 330 of the Statutes of 1999, is amended to read:
   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
   (e) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (f) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (g) This section shall become operative on January 1, 2011, or on
the date that the Secretary of State receives the notice from the
Director of Transportation as described in Section 5205.5, whichever
occurs first.
  SEC. 7.  Section 2 of this bill incorporates amendments to Section
5205.5 of the Vehicle Code proposed by both this bill and AB 1407. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2007, (2) each bill amends Section
5205.5 of the Vehicle Code, and (3) this bill is enacted after AB
1407, in which case Section 1 of this bill shall not become
operative.
  SEC. 8.  Section 4 of this bill incorporates amendments to Section
21655.9 of the Vehicle Code proposed by both this bill and AB 1407.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2007, (2) each bill amends
Section 21655.9 of the Vehicle Code, and (3) this bill is enacted
after AB 1407, in which case Section 3 of this bill shall not become
operative.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.