DAR File No. 41619

Transportation, Program Development

Rule R926-11

Clean Fuel Vehicle Decal Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 41619
Filed: 05/11/2017 04:45:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make technical changes and to correct legal citations included in the rule, to include text that defines and regulates placement of newly devised C Stickers that are to be used as part of the Clean Fuel Vehicle Decal Program and to change the way the waiting list for applications submitted to participate in the program will operate.

Summary of the rule or change:

This amendment makes technical changes and corrects legal citations included in the rule, adds text that defines and regulates placement of newly devised C Stickers that are to be used as part of the Clean Fuel Vehicle Decal Program, and changes the way the waiting list for applications submitted to participate in the program operates.

Statutory or constitutional authorization for this rule:

• Section 41-6a-702
• Section 72-6-121
• 23 U.S.C. 166(b)(4)

Anticipated cost or savings to:

the state budget:

This amendment may result in savings to the state's annual budget because it makes the Clean Fuel Vehicle Decal Program more efficient. However, quantifying the aggregate savings to the state's budgets is not possible at present and may be negligible.

local governments:

This amendment will not result in an increase in aggregate costs or savings to local governments because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department of Transportation does not charge a fee to apply.

small businesses:

This amendment will not result in an increase in aggregate costs or savings to small businesses because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply.

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

This amendment will not result in an increase in aggregate costs or savings to persons other than small businesses, businesses, or local government entities because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply.

Compliance costs for affected persons:

This amendment will not result in an increase in aggregate costs or savings to affected persons because the Clean Fuel Vehicle Decal Program does not involve a fee to participate. Permits and their associated C Decals and C Stickers are issued to all applicants in the order that the applications are approved, and the Department does not charge a fee to apply.

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

This amendment will not result in any fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Mark Burns at the above address, by phone at 801-366-0198, by FAX at 801-366-0352, or by Internet E-mail at [email protected]
• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [email protected]

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:

07/03/2017

This rule may become effective on:

07/10/2017

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]United States Code Title 23, Subsection 166(b) 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, 2017, unless federal authorization is extended]. [Federal law further]United States Code Title 23, Subsection 166(d) requires a state to limit or discontinue the use of these single-occupant vehicles if the presence of [the]such 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 Section 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 Section 166 (b).

(3) "C [d]Decal" means a clean vehicle [decal]radio frequency identification transponder 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.]"C Sticker" means a clean vehicle sticker issued by the department.

(5) "C [p]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 Utah Code Section 41-6a-702.

 

R926-11-3. Permitting of Eligible Vehicles.

(1) Owners of an eligible ILEV and Hybrid vehicle registered in the state of Utah shall qualify for a C [d]Decal , C Sticker, and C [p]Permit upon application to the [d]Department under permitting processes and payment of a fee defined under this rule.

(2) The owner of a vehicle issued a C [d]Decal , C Sticker, and a C [p]Permit is prohibited from placing the C [d]Decal , and C Sticker on any vehicle other than the vehicle for which the [d]Department has issued a C [d]Decal and C [p]Permit. Posting a C [d]Decal on a vehicle other [then]than the vehicle for which the [d]Department has issued a C [d]Decal, C Sticker, and C [p]Permit will render the vehicle owner ineligible to participate in the Clean Fuel Vehicle Program.

(3) The owner of a vehicle issued a C [d]Decal and C Sticker must have in the person's immediate possession the C [p]Permit issued by the [d]Department for that vehicle.

(4) The C [d]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 C [d]Decal must be mounted below the line. The C [d]Decal must be mounted directly onto the windshield and cannot be mounted with tape or any other device.

(5) The C Sticker must be placed on the vehicle's right side on the rear of the vehicle in the upright position. The C Sticker must be placed using the sticker's adhesive backing and cannot be affixed with tape or any other device.

([5]6) The [d]Department shall maintain and publish a listing online of all ILEV and Hybrid vehicle makes and models eligible for a C [d]Decal, C Sticker, and C [p]Permit.

([6]7) The [d]Department will charge a fee for the issuance of a C [d]Decal and C Sticker. The amount of the fee will be posted on the application in the amount established by the [d]Department in accordance with Utah Code Section 63J-1-504.

([7]8) The [d]Department may restrict use of the HOV facility by single-occupant vehicle s with [a ]C [d]Decal s and C Stickers if the operation of the facility [is]becomes 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).

 

R926-11-4. Issuance of C Decals and C Permits.

(1) Except as set forth in subsection (2), the [d]Department may not issue more than 6,000 C [Decals]Permits and their associated C Decals and C Stickers.

(2) Not more frequently than once a year, the [d]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 [d]Department determines that additional single-occupant vehicles with a C [d]Decal may operate in the HOV lane without compromising operation of the facility, the [d]Department may increase the number of clean fuel decals issued beyond the minimum set forth in subsection R926-11-4(1) and shall issue the appropriate number of C [d]Decals to eligible applicants as set forth under subsection R926-11-4(5).

(3) Vehicle owners with an eligible ILEV or Hybrid vehicle as defined by this rule must submit an application to the [d]Department for a C [d]Decal, C Sticker and C [p]Permit. The application, approved and issued by the [d]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 [d]Decal, C Sticker and C [p]Permit.

(4) A vehicle owner must pay the fee for the issuance of a C [d]Decal, C Sticker, and C [p]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 [d]Decal, C Sticker, and C [p]Permit.

(5) If more applications for [a ]C [d]Decals, C Stickers, and C Permits are received than the total number [of decals ]the [d]Department may issue at any one time, C [d]Decals, C Stickers, and C permits will be offered to applicants in the order that applications are approved as C Decals[randomly chosen applicants as they] become available. The number of available C Decals will be published on the C Decal website.

 

KEY: hybrid vehicles, C [d]D ecals, C Stickers, C [p]P ermits[, clean fuel ]

Date of Enactment or Last Substantive Amendment: [December 9, 2013]July 10, 2017

Notice of Continuation: December 18, 2013

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