COMMITTEE ON TRANSPORTATION
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1429
(Reference to Senate engrossed bill)
Page 1, line 13, after the first "vehicle" insert "with alternative fuel vehicle special plates, or an alternative fuel vehicle sticker, and a hybrid vehicle sticker issued pursuant to section 28‑2416"
Line 14, after the period strike remainder of line; strike lines 15 and 16
Page 2, between lines 6 and 7, insert:
"Sec. 2. Section 28-2416, Arizona Revised Statutes, is amended to read:
28-2416. Alternative fuel vehicle special plates; stickers; use of high occupancy vehicle lanes; definitions
A. Beginning on April 1, 1997, a person who owns a motor vehicle that has either been converted or manufactured to use an alternative fuel and the alternative fuel was subject to the use fuel tax imposed pursuant to chapter 16, article 2 of this title before April 1, 1997 shall apply for alternative fuel vehicle special plates pursuant to this section.
B. A person
who owns a motor vehicle that is a hybrid vehicle may apply for alternative
fuel vehicle special plates pursuant to this section. the department
shall issue alternative fuel vehicle special plates, or an alternative fuel
vehicle sticker as provided in subsection E of this section, and a hybrid
vehicle sticker to a person who satisfies the requirements prescribed in
subsection C of this section. The hybrid vehicle sticker shall be
designed by the department and shall be placed on the motor vehicle as
prescribed by the department.
B. C. The department shall issue alternative fuel vehicle special plates, or an alternative fuel vehicle sticker as provided in subsection D E of this section, to a person who satisfies all of the following:
1. Owns a motor vehicle that is powered by an alternative fuel or that is a hybrid vehicle.
2. Provides proof as follows:
(a) For an original equipment manufactured alternative fuel vehicle or hybrid vehicle, the dealer who sells the motor vehicle shall provide to the department of transportation and the owner of the motor vehicle a certificate indicating:
(i) That the motor vehicle is powered by an alternative fuel or is a hybrid vehicle.
(ii) The emission classification of the motor vehicle as low, inherently low, ultralow or zero.
(b) For a converted motor vehicle or a motor vehicle that is assembled by the owner, the department of environmental quality or an agent of the department of environmental quality shall provide a certificate to the department of transportation and the owner of the motor vehicle indicating that the motor vehicle is powered by an alternative fuel or is a hybrid vehicle.
3. Pays an eight dollar special plate administrative fee, except that vehicles that are registered pursuant to section 28‑2511 are exempt from that fee. The department shall deposit, pursuant to sections 35-146 and 35‑147, all special plate administrative fees in the state highway fund established by section 28-6991.
C. D. The color and design of the alternative fuel vehicle special plates are subject to the approval of the department of commerce energy office. The director may allow a request for alternative fuel vehicle special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for alternative fuel vehicle special plates. Alternative fuel vehicle special plates are not transferable, except that if the director allows alternative fuel vehicle special plates to be personalized a person who is issued personalized alternative fuel vehicle special plates may transfer those plates to another alternative fuel vehicle for which the person is the registered owner or lessee.
D. E. If a motor vehicle qualifies pursuant to this section and any other special plates are issued pursuant to article 7, 8 or 13 of this chapter or section 28‑2514 for the motor vehicle, the department may issue an alternative fuel vehicle sticker to the person who owns the motor vehicle. The alternative fuel vehicle sticker shall be diamond‑shaped, shall indicate the type of alternative fuel used by the vehicle and shall be placed on the motor vehicle as prescribed by the department.
E. F. Except as provided in section 28-737, subsection B, a person may drive a motor vehicle with alternative fuel vehicle special plates or an alternative fuel vehicle sticker in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.
F. G. A person shall not drive a motor vehicle in a high occupancy vehicle lane with an alternative fuel vehicle sticker if the motor vehicle is not an alternative fuel vehicle or a hybrid vehicle for which an alternative fuel vehicle sticker and a hybrid vehicle sticker have been issued pursuant to this section. A person who violates this subsection is subject to a civil penalty of three hundred fifty dollars. Notwithstanding section 28-1554, the civil penalty collected pursuant to this subsection shall be deposited in the Arizona clean air fund established by section 41‑1516 to provide grants to a regional planning agency in a county with a population of more than one million two hundred thousand persons for conversion of diesel fleets in the county to use alternative fuels or for acquisition of alternative fuel vehicles to replace diesel fleets in the county.
G. H. The department shall mark high occupancy vehicle lane signs to indicate that those lanes may be used by alternative fuel vehicles regardless of the number of occupants. The design of the sign shall be the same as the design of the alternative fuel vehicle special plate, and the sign shall be at least as large as the high occupancy vehicle lane sign. These high occupancy vehicle lane signs are official traffic control devices. On highway exit signs the department shall also indicate access to alternative fuel vehicle fueling stations that are open to the public.
H. I. The costs of the high occupancy vehicle lane sign markings required by this section shall be paid from the monies in the Arizona clean air fund established by section 41-1516.
I. J. If the department publishes maps of the state highway system that are distributed to the general public, the department shall indicate on those maps the approximate location of alternative fuel delivery facilities that are open to the public.
J. K. For the purposes of this section: ,
1. "Alternative fuel" has the same meaning prescribed in section 1‑215.
2. "HYbrid vehicle" has the same meaning prescribed in section 28‑737."
Renumber to conform