S-4101

AN ACT Relating to green lanes; amending RCW 46.61.165; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:

(1) The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.

(2) The state department of transportation and the local authorities may designate all or any portion of any highway under their respective jurisdictions, or any lanes restricted under subsection (1) of this section, including any designated lane or ramp, as green lanes. Green lanes will be for the exclusive or preferential use of green vehicles when the limitations will increase the efficient use of the highway, will aid in the conservation of energy resources, or will improve air quality. For purposes of this section, "green vehicles" means:

(a) Public transportation vehicles;

(b) Private motor vehicles carrying no fewer than a specified number of passengers;

(c) Private motor vehicles whose average gasoline mileage is at least twice the national average for passenger cars, as that figure is determined by the United States Environmental Protection Agency; and

(d) Private motor vehicles that are permanently mitigating the greenhouse gas emissions emitted by paying a mitigation fee under subsection (3) of this section.

(3) The department of licensing shall set a mitigation fee, or a schedule of fees based on the age or relative emissions of a vehicle, for green vehicles under subsection (2)(d) of this section of no more than three thousand six hundred dollars annually. In setting this fee, the department may consult with any public or private institution, including, but not limited to, the department of ecology, the office of trade and economic development, the utilities and transportation commission, and the Washington state energy program.

(a) One-half of this fee must be transferred to the Washington State University energy program for the study of the climate and rural energy development, which shall use this fee for air pollution mitigation within the boundaries of the air pollution control authorities for the counties in which a green vehicle paying a mitigation fee is used; and

(b) One-half of this fee must be used to purchase mass transit passes for low-income riders within the boundaries of a transit authority in which a green vehicle paying a mitigation fee is used.

Fees under this subsection (3) may be collected annually, at the time of vehicle registration or renewal, or they may be collected monthly.

(4) The department of licensing, in consultation with the state patrol, shall issue a highly visible green decal to be attached near the license plate or in the rear window of vehicles that qualify under subsection (2)(c) or (d) of this section. This decal will be issued annually at the time of the vehicle's license renewal if that vehicle meets the requirements for the upcoming registration year. Presence of this decal is necessary for the vehicle to use a green lane. Vehicles that otherwise meet the requirements of subsection (2)(c) or (d) of this section that fail to display the decal may be cited for a traffic infraction under subsection (6) of this section. The department shall provide to appropriate law enforcement agencies the names and license numbers of qualifying green vehicles to which a green decal has been issued.

(5) Regulations authorizing ((~~such~~)) exclusive or preferential use of a highway facility under this section may be declared to be effective at all times or at specified times of day or on specified days.

(6) Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.