S-4005

AN ACT Relating to use of high-occupancy vehicle lanes by ultra-fuel-efficient vehicles; amending RCW 46.61.165 and 47.52.025; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Ultra-fuel-efficient vehicle" means a vehicle that averages greater than forty-six miles per gallon of fuel as certified by the manufacturer, including but not limited to a gasoline-electric hybrid vehicle.

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

Effective with registrations that are due or become due beginning January 1, 2003, the department shall design and issue optional permits for owners of manufacturer-certified ultra-fuel-efficient vehicles that will entitle the operator of the vehicle to use special lanes as specified in RCW 46.61.165 and 47.52.025. The department shall charge an annual fee of two hundred dollars for the permit. The permit is nontransferable. The department shall send the fee to the state treasurer for deposit in the multimodal transportation account.

Sec. 3. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:

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. The department may open any such lanes to use by single-occupant vehicles that are ultra-fuel-efficient at such times or locations when the addition of these vehicles would not unduly contribute to congestion or impede the flow of traffic. The vehicle must also display a permit issued by the department of licensing under section 2 of this act authorizing the use of such lanes. The permit must be placed on the motor vehicle as prescribed by the department. 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. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

Sec. 4. 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 any limited access facility or portions thereof, including designated lanes or ramps 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 when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. The department may open any such lanes to use by single-occupant vehicles that are ultra-fuel-efficient at such times or locations when the addition of these vehicles would not unduly contribute to congestion or impede the flow of traffic. The vehicle must also display a permit issued by the department of licensing under section 2 of this act authorizing the use of such lanes. The permit must be placed on the motor vehicle as prescribed by the department. 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.

NEW SECTION. Sec. 5. The department of transportation shall work with the federal highway administration and other necessary federal agencies to implement the intent of this act.