California 2009-2010 Regular Session Status: To Executive

SB 535 — Vehicles: high-occupancy vehicle lanes.

Last action — Chaptered by Secretary of State. Chapter 215, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOVs) , which lanes may also be used, until January 1, 2011, or until the Secretary of State receives a specified notice, by certain low-emission, hybrid, or alternative fuel vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime. This bill would revise that provision to provide that it shall remain in effect only until January 1, 2015, or until the Secretary of State receives that specified notice, with respect to a vehicle that meets California's super ultra-low exhaust emission standard and the federal inherently low-emission evaporative emission (ILEV) standard and a vehicle produced during the 2004 model-year or earlier that meets the California ultra-low emission vehicle standard and the ILEV standard. With respect to all other vehicles described above, this provision shall be operative only until July 1, 2011, or only until the Secretary of State receives that specified notice, whichever occurs first. Existing law requires the Department of Transportation to remove individual HOV lanes, or portions of those lanes, during periods of peak congestion, after making certain findings, including, among other things, a finding that the department demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy. This bill would delete this required finding. The bill, between January 1, 2012, and January 1, 2015, would require the Department of Motor Vehicles to issue up to 40,000 identifiers, that are distinguishable from the identifiers issued for low-emission, hybrid, and alternative fuel vehicles, to vehicles that meet California's enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard, except the department's authorization to do so would end if the secretary receives the specified notice before then. The bill would authorize vehicles with that identifier to use HOV lanes until January 1, 2015, or until the Secretary of State receives a specified notice, whichever occurs first. By extending and changing the definition of a crime, the bill would impose a state-mandated local program. The bill would make technical and conforming changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 215, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 29. Noes 3. Page 4448.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 0. Page 4437.)

  6. Set for hearing August 10.

  7. From committee: Be re-referred to Com. on T. & H. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 4378.) Re-referred to Com. on T. & H.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 65. Noes 8. Page 5838.) To Senate.

  11. Read third time. Amended. (Page 5806.) To third reading.

  12. From inactive file to third reading file.

  13. Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.

  14. Placed on inactive file on request of Assembly Member Torrico.

  15. Read third time. Amended. (Page 3037.) To third reading.

  16. Read second time. To third reading.

  17. (Heard in committee on August 19.)

  18. From committee: Do pass. (Ayes 15. Noes 0.)

  19. Set, first hearing. Hearing canceled at the request of author.

  20. Read second time. Amended. Re-referred to Com. on APPR.

  21. (Heard in committee on June 29.)

  22. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 2.)

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on TRANS.

  24. To Com. on TRANS.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 29. Noes 5. Page 974.) To Assembly.

  27. Read second time. To third reading.

  28. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  29. Set for hearing May 18.

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  31. Read second time. Amended. Re-referred to Com. on APPR.

  32. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 708.)

  33. Set for hearing April 28.

  34. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on T. & H.

  35. To Com. on T. & H.

  36. Read first time.

  37. From print. May be acted upon on or after March 30.

  38. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Yee

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB535 Yee

Passed 30 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 28305
Republican 1000
Democratic 1001
Total 30306
% of votes cast 77%8%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Nay
Cogdill — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Huff — Not Voting
Corbett — Yea
Leno — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Kehoe — Yea
Liu — Yea
Simitian — Not Voting
Walters — Not Voting
Wright — Yea
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 535 Yee Senate Third Reading By ENG

Passed 74 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 69808
Democratic 3000
Republican 2100
Total 74908
% of votes cast 81%10%0%9%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Tom — Nay
John — Not Voting
A. — Not Voting
Perez — Not Voting
Gilmore — Not Voting
Knight — Not Voting
DeVore — Nay
Logue — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Not Voting
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Nay
Ma — Yea
Nestande — Yea
Nielsen — Yea
Solorio — Yea
Torrico — Not Voting
Eng — Yea
Davis — Yea
Yamada — Not Voting
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Democratic 1000
Republican 1000
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
Ammiano — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Not Voting
Hill — Yea
Skinner — Not Voting
Torlakson — Yea
Harkey — Yea
Miller — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 10 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 10105
Republican 0100
Total 10205
% of votes cast 59%12%0%29%
How each member voted (17)
Member Party Vote
Galgiani — Yea
Bonnie — Yea
Lowenthal — Yea
John — Not Voting
A. — Not Voting
Perez — Not Voting
Conway — Yea
Jeffries — Nay
Miller — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Solorio — Yea
Torlakson — Yea
Eng — Yea
Garrick — Not Voting
Niello, Roger W. Republican Nay

Official roll call →

Senate 3rd Reading SB535 Yee

Passed 30 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26505
Democratic 3000
Republican 1000
Total 30505
% of votes cast 75%13%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Hancock — Yea
Negrete — Yea
Runner — Nay
Ducheny — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Not Voting
Hollingsworth — Yea
Maldonado — Yea
Oropeza — Not Voting
Pavley — Not Voting
Wiggins — Yea
Cedillo — Not Voting
Wyland — Nay
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6004
Total 7004
% of votes cast 64%0%0%36%
How each member voted (11)
Member Party Vote
DeSaulnier — Yea
Harman — Yea
Huff — Not Voting
Kehoe — Yea
Ashburn — Yea
Oropeza — Not Voting
Simitian — Not Voting
Hollingsworth — Yea
Pavley — Not Voting
Wolk — Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

environment transportation
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Frequently asked questions

What does SB 535 do?
(1) Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOVs) , which lanes may also be used, until January 1, 2011, or until the Secretary of State receives a specified notice, by certain low-emission, hybrid, or alternative fuel vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime. This bill would revise that provision to provide that it shall remain in effect only until January 1, 2015, or until the Secretary of State receives that specified notice, with respect to a vehicle that meets California's super ultra-low exhaust emission standard and the federal inherently low-emission evaporative emission (ILEV) standard and a vehicle produced during the 2004 model-year or earlier that meets the California ultra-low emission vehicle standard and the ILEV standard. With respect to all other vehicles described above, this provision shall be operative only until July 1, 2011, or only until the Secretary of State receives that specified notice, whichever occurs first. Existing law requires the Department of Transportation to remove individual HOV lanes, or portions of those lanes, during periods of peak congestion, after making certain findings, including, among other things, a finding that the department demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy. This bill would delete this required finding. The bill, between January 1, 2012, and January 1, 2015, would require the Department of Motor Vehicles to issue up to 40,000 identifiers, that are distinguishable from the identifiers issued for low-emission, hybrid, and alternative fuel vehicles, to vehicles that meet California's enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard, except the department's authorization to do so would end if the secretary receives the specified notice before then. The bill would authorize vehicles with that identifier to use HOV lanes until January 1, 2015, or until the Secretary of State receives a specified notice, whichever occurs first. By extending and changing the definition of a crime, the bill would impose a state-mandated local program. The bill would make technical and conforming changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 535?
SB 535 is sponsored by Yee.
What is the current status of SB 535?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 535?
Track SB 535 free on One Click Politics — get push/email alerts when it moves.

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