BP BHEAD INT H [atlas:bill]

AN ACT Relating to air pollution control; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 70.120 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the federal clean air act amendments of 1990 sought to accelerate the deployment of clean-fuel vehicles through the use of nonmonetary incentives. The federal regulations adopted to implement the clean air act amendments direct states to exempt federally certified and labeled clean-fuel vehicles in fleets from high occupancy vehicle restrictions for single-occupant vehicles. In addition, the federal transportation equity act of the twenty-first century encourages and permits states to extend the high occupancy vehicle lane access exemption to nonfleet owners of clean-fuel vehicles.

The legislature finds that the goals of the state and federal clean air acts will be advanced by extending the use of the high occupancy vehicle lanes to federally certified clean-fuel vehicles as long as the vehicles are not a significant cause of congestion in the high occupancy vehicle lanes.

NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:

(1) By June 30, 2001, the department shall issue special clean-fuel license plates, bearing the standard background, for passenger vehicles that are federally certified as: (a) Inherently low-emission vehicles; (b) ultra low-emission vehicles; or (c) zero-emission vehicles. The license plates shall denote the vehicle's certification with the inherently low-emission, ultra low-emission, or zero-emission designation.

(2) The department shall issue the special clean-fuel license plates upon payment by the applicant of all license fees, but the department may not set or charge an additional fee for the special clean-fuel license plates. The department shall replace, at cost, license plates issued under this section if they are lost, stolen, damaged, defaced, or destroyed. The clean-fuel license plates shall remain with the vehicle for which they were initially issued and may not be used on another vehicle.

(3) The department shall revoke the special clean-fuel designation if the vehicle is required to have a standard emission test, under chapter 70.120 RCW, and it fails the test. If the vehicle fails the emission test, the vehicle's owner shall return the special clean-fuel license plates to the department within fifteen days and apply for regular license plates.

(4) The use of a special clean-fuel license plate on a vehicle that is not federally certified, or on a certified vehicle that has failed an emission test more than fifteen days previous, is a misdemeanor.

NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

(1) The state department of transportation and the local authorities, in consultation with the department of ecology, may permit a vehicle with one or more occupants to operate in high occupancy vehicle lanes if it is certified as an inherently low-emission vehicle, ultra low-emission vehicle, or zero-emission vehicle pursuant to Title 40, Chapter 1, Part 88, Code of Federal Regulations, is labeled in accordance with section 88.312-93(c) of that title, and bears a special clean-fuel license plate as provided in section 2 of this act.

(2) Inherently low-emission fleet vehicles that have been certified, labeled, and issued special clean-fuel license plates shall be allowed in the high occupancy vehicle lanes with only one occupant in federally designated nonattainment air pollution areas. For the purpose of this section "fleet" means a vehicle owner who is in a nonattainment area and owns a total of at least ten motor vehicles, including the inherently low-emission vehicle, that operate in the owner's fleet.

NEW SECTION. Sec. 4. A new section is added to chapter 70.120 RCW to read as follows:

If a vehicle with special clean-fuel license plates bearing the designation inherently low-emission, ultra low-emission, or zero-emission, as provided in section 2 of this act, fails an emission test required under this chapter, the department shall immediately send written notice of the failure to the department of licensing.