DAR File No. 38056

Transportation, Program Development

Rule R926-11

Clean Fuel Vehicle Decal Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 38056
Filed: 10/10/2013 08:58:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to incorporate changes made to Sections 41-6a-702 and 72-6-121 by H.B. 23 (2013 General Legislative Session).

Summary of the rule or change:

The proposed rule change includes limiting the number of clean fuel vehicle decals the Department of Transportation may issue to 6,000, and allowing the department to increase the number of clean fuel vehicle decals issued to eligible applicants if the increased issuance allows the department to continue to meet its goals for operational management of the high occupancy vehicle lanes, and making other technical changes.

State statutory or constitutional authorization for this rule:

• Section 72-6-121
• Section 41-6a-702

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the changes to the rule only limit the number of clean fuel vehicle decals that may be issued, and do not create any new work for the department.

local governments:

There is no anticipated cost or savings to local government because the changes to the rule only limit the number of participants in the clean fuel vehicle decal program.

small businesses:

There is no anticipated cost or savings to small businesses because the changes to the rule only limit the number of participants in the clean fuel vehicle decal program.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the changes to the rule only limit the number of participants in the clean fuel vehicle decal program.

Compliance costs for affected persons:

There are no anticipated compliance costs for persons affected by this rule because the changes do not impose any new requirements, but only limit the number of participants in the clean fuel vehicle decal program.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses because the changes to the rule do not impose any new requirements, but only limit the number of participants in the clean fuel vehicle decal program.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Carlos Braceras, Executive Director

R926. Transportation, Program Development.

R926-11. Clean Fuel Vehicle Decal Program.

R926-11-1. Purpose and Authority.

(1) As authorized in Utah Code Ann. Sections 41-6a-702 and 72-6-121 this rule establishes procedures for regulating access to high occupancy vehicle lanes by vehicles with a clean fuel vehicle decal regardless of the number of occupants.

(2) Federal law authorizes states to allow the use of high occupancy vehicle (HOV) lanes by inherently low emission vehicles (ILEV) and low emission and energy-efficient vehicles with only a single occupant through September 30, 20[09]17, unless federal authorization is extended. Federal law further requires a state to limit or discontinue the use of these single-occupant vehicles if the presence of the vehicles has degraded the operation of the HOV facility.

 

R926-11-2. Definitions.

(1) "Hybrid" means a Low Emission and Energy Efficient vehicle as defined by the United States Environmental Protection Agency as authorized in 23 United States Code 166.

(2) "ILEV" means an Inherently Low Emission Vehicle as defined by the United States Environmental Protection Agency as authorized in 23 United States Code 166.

(3) "C decal" means a clean vehicle decal issued by the department.

(4) "C plate" means a clean fuel special group license plate issued by the Division of Motor Vehicles as had been previously authorized in Utah Code.

(5) "C permit" means a permit issued by the department to the owner of an eligible ILEV or Hybrid vehicle.

(6) "Department" means the Utah Department of Transportation.

(7) "HOV" means a highway lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a-702.

 

R926-11-3. [Identification of Eligible C Decal Vehicles Prior to July 1, 2011.

(1) Upon receipt of a list from the Division of Motor Vehicles showing registered vehicles for which a C plate has been issued prior to July 1, 2011, the department will determine which vehicles meet the definition of an ILEV or Hybrid vehicle as provided in this rule.

(2) Vehicle owners with vehicles registered with a C plate issued prior to July 1, 2011, and for which the vehicle meets the definition for an ILEV or Hybrid as defined in this rule, will receive a C decal and C permit issued by the department at no cost.

(3) Vehicle owners with vehicles registered with a C plate issued prior to July 1, 2011, that do not meet the definition of an eligible ILEV or Hybrid vehicle are not eligible to receive a C decal or C permit. The department will notify these vehicle owners of ineligibility.

(4) Vehicle owners for whom notification has been provided under subsection (3) may receive a C decal and Cpermit at no cost if the vehicle owner:

(a) submits an application as provided under R926-11-5(3), and;

(b) provides sufficient proof to the department that the vehicle meets eligibility requirements for an ILEV or Hybrid vehicle as provided under this rule.

 

R926-11-4. ]Permitting of Eligible Vehicles[ after June 30, 2011].

(1) Owners of an eligible ILEV and Hybrid vehicle registered in the state of Utah shall qualify for a C decal and C permit upon application to the department under permitting processes and payment of a fee defined under this rule.

(2) The owner of a vehicle issued a C decal and a C permit is prohibited from placing the C decal on any vehicle other than the vehicle for which the department has issued a C decal and C permit. Posting a C decal on a vehicle other then the vehicle for which the department has issued a C decal and C permit will render the vehicle owner ineligible to participate in the Clean Fuel Vehicle Program.

(3) The owner of a vehicle issued a C decal must have in the person's immediate possession the C permit issued by the department for that vehicle.

(4) The C decal must be placed in the windshield of the vehicle, centered near the rearview mirror and 4 inches from the top of the windshield. If the vehicle has an AS-1 line, the decal must be mounted below the line. The decal must be mounted directly onto the windshield and cannot be mounted with tape or any other device.

(5) The department shall maintain and publish a listing online of all ILEV and Hybrid vehicle makes and models eligible for a C decal and C permit.

(6) The department will charge a fee for the issuance of a C decal. The amount of the fee will be posted on the application in the amount established by the department in accordance with Section 63J-1-504.

(7) The department may restrict use of the HOV facility by single-occupant vehicle with a C decal if the operation of the facility is degraded. For the purposes of this rule, an HOV facility is considered degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed of 45 miles per hour 90 percent of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods (or both).

 

R926-11-[5]4. Issuance of C Decals and C Permits.

(1) [The department may restrict use of the HOV facility by single-occupant vehicle with a C decal if the operation of the facility is degraded. For the purposes of this rule, an HOV facility may be considered degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed of 45 miles per hour 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both)]Except as set forth in subsection (2), the department may not issue more than 6,000 C Decals.

(2) Not more frequently than once a year, the department may evaluate the operation of the HOV facility and determine whether the facility will continue to operate at an acceptable level of service. For the purposes of this rule, an HOV facility is considered to be operating at an acceptable level of service if vehicles operating on the facility are maintaining a minimum average operating speed of 55 miles per hour 90 percent of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods (or both). Based on that evaluation and if the department determines that additional single-occupant vehicles with a C decal may operate in the HOV lane without compromising operation of the facility, the department may increase the number of clean fuel decals issued beyond the minimum set forth in subsection (1) and shall issue the appropriate number of C decals to eligible applicants as set forth under subsection ([4]5).

(3) Vehicle owners with an eligible ILEV or Hybrid vehicle as defined by this rule must submit an application to the department for a C decal and C permit. The application, approved and issued by the department, shall contain the vehicle owner's name, the license plate number, the vehicle identification number, and the ILEV or Hybrid vehicle make and year model as a condition for obtaining a C decal and C permit.

(4) A vehicle owner must pay the fee for the issuance of a C decal and C permit within 30 days of the application being approved. If the owner does not pay the fee within 30 days, the application will be closed. After the application is closed, a vehicle owner must submit a new application for a C decal and C permit.

([4]5) If more applications for a C decal are received than the total number of decals the department may issue[determines will be issued] at any one time, C decals and C permits will be [issued]offered to randomly chosen applicants as they become available[up to the number of permits that will be allowed based on the evaluation conducted under subsection (2).

(e) Vehicle owners with a C plate issued after January 1, 2009, may transfer the plate to a newly purchased eligible ILEV or Hybrid vehicle under the processes established under this rule].

 

KEY: hybrid vehicles, C decal s , C permit s , clean fuel

Date of Enactment or Last Substantive Amendment: [June 21, 2011]2013

Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121