Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0796.01 Jery Payne x2157 SENATE BILL 14-200 SENATE SPONSORSHIP Jones and King, HOUSE SPONSORSHIP Moreno and Rankin, Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning authorization for certain alternative fuel vehicles to use high occupancy lanes. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law allows a low-emission vehicle to use high occupancy vehicle (HOV) and high occupancy toll (HOT) lanes if they meet certain criteria and have been issued a sticker or decal. The bill authorizes a transponder in lieu of a sticker or decal. A low-emission vehicle not meeting the definition of an alternative fuel vehicle is no longer allowed to use HOV or HOT lanes, but a vehicle authorized or on a waiting list as of April 1, 2014, is allowed to continue to do so. An application for a sticker, decal, or transponder must contain an affidavit in which the applicant attests that his or her vehicle is an alternative fuel vehicle. Currently, the number of low-emission vehicles authorized to use the HOV or HOT lanes is limited to 2,000. The bill expands the number of vehicles to 6,000 vehicles, but the department of transportation may subsequently increase the limit if new lanes are added. The authorization for an alternative fuel vehicle to use HOV or HOT lanes expires after 4 years or when the vehicle changes ownership. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-4-1012, amend (2.5) as follows: 42-4-1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes - repeal. (2.5) (a) (I) Except as otherwise provided in paragraph (d) of this subsection (2.5), a motor an alternative fuel vehicle with a gross vehicle weight of twenty-six thousand nine thousand six hundred pounds or less that is either an inherently low-emission vehicle or a hybrid vehicle may be operated upon high occupancy vehicle lanes without regard to the number of persons in the vehicle and without payment of a special toll or fee. The exemption relating to hybrid vehicles shall apply only if such exemption does not affect the receipt of federal funds and does not violate any federal laws or regulations. (II) As used in this subsection (2.5), "inherently low-emission vehicle" or "ILEV" "alternative fuel vehicle" means a motor vehicle that: (A) A light-duty vehicle or light-duty truck, regardless of whether such vehicle or truck is part of a motor vehicle fleet, that has been certified by the federal environmental protection agency as conforming to the ILEV guidelines, procedures, and standards as published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042 (September 30, 1994), as amended from time to time; and Can be recharged from any external source of electricity and the electricity stored in a rechargeable battery pack propels or contributes to the propulsion of the vehicle's drive wheels; (B) A heavy-duty vehicle powered by an engine that has been certified as set forth in sub-subparagraph (A) of this subparagraph (II). Uses compressed natural gas for propulsion; (C) Uses propane for propulsion; (D) Uses a hydrogen fuel cell for propulsion; or (E) Uses a hybrid system of electricity derived from or used in conjunction with traditional fuel for propulsion if the vehicle is rated as having a combined fuel economy rating of at least forty miles per gallon in a publication that is the official source for fuel economy information published by the United States environmental protection agency. This sub-subparagraph (E) is repealed, effective October 1, 2018. (III) As used in this subsection (2.5), "hybrid vehicle" means a motor vehicle with a hybrid propulsion system that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel. (b) No A person shall not operate a vehicle upon a high occupancy vehicle lane pursuant to under this subsection (2.5) unless the vehicle: (I) Meets all applicable federal emission standards set forth in 40 CFR sec. 88.311-93, as amended from time to time; or, subject to subparagraph (I) of paragraph (a) of this subsection (2.5), is a hybrid vehicle; and (II) (A) Is identified by means of a circular sticker or decal at least four inches in diameter, made of bright orange reflective material, and affixed either to the windshield, to the front of the side-view mirror on the driver's side, or to the front bumper of the vehicle, Said which sticker or decal shall be is approved by the Colorado department of transportation; or (B) Is identified by means of a transponder issued by the Colorado department of transportation or by a private entity contracted to operate a high occupancy toll lane. (c) The department of transportation and local authorities, with respect to streets and highways under their respective jurisdictions, shall provide information via official traffic control devices to indicate that ILEVs and, subject to subparagraph (I) of paragraph (a) of this subsection (2.5), hybrid vehicles alternative fuel vehicles may be operated upon high occupancy vehicle lanes pursuant to in accordance with this section. Such information may, but need not, be added to existing printed signs, but as existing printed signs related to high occupancy vehicle lane use are replaced or new ones are erected, such information shall be added. In addition, whenever existing electronic signs are capable of being reprogrammed to carry such information, they shall be so reprogrammed by September 1, 2003. (d) (I) (A) Except as provided in sub-subparagraph (B) of this subparagraph (I), the Colorado department of transportation shall limit the number of alternative fuel vehicles authorized to use high occupancy vehicle lanes to six thousand. Except as provided in paragraph (f) of this subsection (2.5), authorization to use a high occupancy vehicle lane expires on the last day of the month that is forty-eight months after the authorization is issued. (B) In consultation with the regional transportation district, the department of transportation and local authorities, with respect to streets and highways under their respective jurisdictions, shall, in connection with their periodic level-of-service evaluation of high occupancy vehicle lanes, perform a level-of-service evaluation of the use of high occupancy vehicle lanes by ILEVs. and hybrid vehicles. If the use of high occupancy vehicle lanes by ILEVs or hybrid vehicles is determined to cause a significant decrease in the level of service for other bona fide users of such lanes, then the department of transportation or a local authority may restrict or eliminate use of such lanes by ILEVs. or hybrid vehicles alternative fuel vehicles. If new high occupancy vehicle lanes are added in new corridors, the department of transportation may increase the number of alternative fuel vehicles authorized to use the lanes. On or before the opening date of any new high occupancy vehicle lanes, the department of transportation shall sumbit a recommendation to the transportation commission addressing whether or how much to increase the number of alternative fuel vehicles authorized to use high occupancy vehicle lanes. In determining whether to increase the number of alternative fuel vehicles authorized to use the lanes, the department of transportation shall consider current and projected congestion, high occupancy vehicle projections, and toll-paying vehicle projections, and the department of transportation may consider other relevant factors. (II) If the United States secretary of transportation makes a formal determination that, by giving effect to paragraph (a) of this subsection (2.5) on a particular highway or lane or for a particular motor vehicle, the state of Colorado would disqualify itself from receiving federal highway funds the state would otherwise qualify to receive or would be required to refund federal transportation grant funds it has already received, then said paragraph (a) shall not be effective as to such for the highway, or lane, or vehicle. (e) (I) The Colorado department of transportation shall establish a sticker or decal system to limit the number of alternative fuel vehicles authorized to use high occupancy vehicle lanes. A sticker or decal authorizing the use of a high occupancy vehicle lane must be approved by the Colorado department of transportation. (II) The Colorado department of transportation shall issue alternative fuel vehicle stickers or decals in different colors according to the year in which they were issued. (III) A completed application for an alternative fuel vehicle transponder and sticker or decal must contain: (A) An affidavit, signed by the applicant, attesting that the applicant's vehicle is an alternative fuel vehicle; and (B) A signed statement that the applicant understands that authorization to use high occupancy vehicle lanes expires when the vehicle changes ownership and that the applicant promises to notify the Colorado department of transportation if the vehicle changes ownership. (IV) (A) A transponder or sticker or decal expires when the authorization for the alternative fuel vehicle to use high occupancy vehicle lanes expires under sub-subparagraph (A) of subparagraph (I) of paragraph (d) of this subsection (2.5). (B) A sticker or decal issued on or before April 1, 2014, or issued because the vehicle was on the department of transportation's waiting list on or before April 1, 2014, does not expire. (f) Notwithstanding paragraphs (a) and (d) of this subsection (2.5), a vehicle authorized or on a waiting list to use high occupancy vehicle lanes on or before April 1, 2014, may be used on these lanes if: (I) The vehicle does not change ownership; and (II) The owner and the vehicle comply with paragraph (b) of this subsection (2.5). SECTION 2. Act subject to petition - effective date. This act takes effect October 1, 2014; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.