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 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, 2012, and January 1, 2015, would require the Department of Motor Vehicles to issue up to 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, 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, 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.