[atlas:bill]

AN ACT Relating to the use of high-occupancy vehicle lanes by clean-fuel vehicles; 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; prescribing penalties; and providing an expiration date.

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, 2002, 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.

(3) This section expires June 30, 2006.

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.