[atlas:bill]

AN ACT Relating to green lanes; and amending RCW 46.61.165 and 47.52.025.

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~~)) designate all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, as green lanes. Green lanes will be for the exclusive or preferential use of ((~~public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers~~)) the following vehicles when such limitations will increase the efficient ((~~utilization~~)) use of the highway or will aid in the conservation of energy resources:

(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; or

(d) Private motor vehicles that have been designated as green vehicles by the department of transportation.

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

(3) The department of transportation must designate a vehicle as a green vehicle and cause the name of its owner and its license plate number to be listed on the internet and on applicable law enforcement computers in this state, if a registered owner of the vehicle:

(a) Permanently mitigates the greenhouse gas emissions emitted by that vehicle in this state by annually paying a fee, as determined by the department of transportation under subsection (4) of this section, at the time of vehicle registration or renewal to the Washington State University energy program for the study of the climate and rural energy development; and

(b) Remits a fee, as determined by the department of transportation under subsection (4) of this section, at the time of vehicle registration or renewal to support mass transit for low-income riders.

(4) The fees associated with a green vehicle designation under subsection (3) of this section must be determined by the department of transportation. In establishing these fees, the department of transportation 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. All money collected by the fee must be distributed equitably among the local transit agencies of the state to be used only to subsidize mass transit fares for low-income riders.

(5) The department will issue a highly visible green decal to be attached near the license plate to vehicles that qualify under subsection (1)(c) and (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 license year. Presence of this decal is necessary for the vehicle to use a green lane. Vehicles that otherwise meet the requirements of subsection (1)(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.

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

Sec. 2. RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:

Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may ((~~reserve~~)) designate any limited access facility or portions thereof, including designated lanes or ramps as green lanes for the exclusive or preferential use of ((~~public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers~~)) vehicles authorized under RCW 46.61.165 to use green lanes when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.