5205.5. (a) For purposes of implementing Section 21655.9, the department shall make available for issuance, for a fee determined by the department to be sufficient to reimburse the department for the reasonable costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles:

(1) A vehicle that meets the state’s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. A decal, label, and other identifier issued pursuant to this paragraph is valid until January 1, 2019.

(2) A vehicle that was produced during the 2004 model year or earlier and meets the state’s ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard. A decal, label, and other identifier issued pursuant to this paragraph is valid until January 1, 2019.

(3) (A) A vehicle that meets the state’s enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard. A decal, label, and other identifier issued pursuant to this paragraph before January 1, 2018, is valid until January 1, 2019.

(B) A decal, label, and other identifier issued pursuant to this paragraph on or after January 1, 2018, and before January 1, 2019, is valid until January 1, 2021. A decal, label, and other identifier issued pursuant to this paragraph on or after January 1, 2019, is valid until January 1 of the fourth year after the year of issuance.

(b) (1) Commencing January 1, 2019, the department shall not issue a decal, label, or other identifier to an applicant who has received a consumer rebate pursuant to the Clean Vehicle Rebate Project, established as a part of the Air Quality Improvement Program pursuant to Article 3 (commencing with Section 44274) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code, unless the rebate was issued to a buyer whose income falls below one hundred twenty-five thousand dollars ($125,000) for a person who files a tax return as a single person, one hundred seventy thousand dollars ($170,000) for a person who files a tax return as a head-of-household, and two hundred fifty thousand dollars ($250,000) for a person who files a joint tax return.

(2) The department shall collaborate with the State Air Resources Board to establish procedures to implement this subdivision, including, but not limited to, all of the following:

(A) Amend the application form for a decal, label, or other identifier issued pursuant to this section and the application for a rebate under the Clean Vehicle Rebate Project to include a statement indicating that an applicant cannot participate in both programs unless the applicant meets the income restrictions in paragraph (1). Each application shall require the applicant to provide a signature to confirm that the applicant understands this condition. (B) Notify consumers of the eligibility criteria and conditions using existing education and outreach efforts. (C) Establish appropriate compliance and enforcement measures. (D) Establish information sharing between the department and the board to implement the requirements of this subdivision.

(b)

(c) The department shall include a summary of the provisions of this section on each motor vehicle registration renewal notice, or on a separate insert, if space is available and the summary can be included without incurring additional printing or postage costs.

(c)

(d) The Department of Transportation shall remove individual HOV lanes, or portions of those lanes, from the access provisions provided in subdivision (a), upon the request of, and with the concurrence of, the regional transportation planning agency whose jurisdiction includes the HOV lanes, following a finding by the Department of Transportation as follows:

(1) The lane, or portion of the lane, exceeds a level of service C, as discussed in subdivision (b) of Section 65089 of the Government Code.

(2) The operation or projected operation within the next 12 months of the vehicles described in subdivision (a) in these lanes, or portions of the lanes, significantly contributes to, or is projected to significantly contribute to, congestion of those lanes.

(3) Alleviating the congestion by reducing the use of the lane by noneligible vehicles through increased enforcement or further increasing vehicle occupancy is either infeasible in the immediate future or is forecast to result in increased congestion in the corridor overall.

(d)

(e) The State Air Resources Board shall publish and maintain a listing of all vehicles eligible for participation in the programs described in this section. The board shall provide that listing to the department.

(e)

(f) (1) For purposes of subdivision (a), the Department of the California Highway Patrol and the department, in consultation with the Department of Transportation, shall design and specify the placement of the decal, label, or other identifier on the vehicle. Each decal, label, or other identifier issued for a vehicle shall display a unique number, which shall be printed on, or affixed to, the vehicle registration.

(2) Decals, labels, or other identifiers designed pursuant to this subdivision for a vehicle described in paragraph (3) of subdivision (a) shall be distinguishable from the decals, labels, or other identifiers that are designed for vehicles described in paragraphs (1) and (2) of subdivision (a).

(3) Decals, labels, or other identifiers issued pursuant to paragraph (3) of subdivision (a) before January 1, 2019, shall be distinguishable from the decals, labels, or other identifiers issued on or after January 1, 2019.

(f)

(g) (1) Except as provided in paragraph (3), the department shall no longer issue decals, labels, or other identifiers pursuant to paragraph (3) of subdivision (a) if the sale of new vehicles described in paragraph (3) of subdivision (a) reaches at least 9.2 percent of the total new car market share for two consecutive years, calculated cumulatively for each of the two years, upon being notified by the State Air Resources Board pursuant to paragraph (2). The department shall not reinstate the issuance of decals, labels, or other identifiers if there is a subsequent decrease in the sale of the new vehicles resulting in less than 9.2 percent of the total new car market share in a later year.

(2) The State Air Resources Board shall notify the department, the Department of Transportation, and the Secretary of State if the sale of new vehicles described in paragraph (3) of subdivision (a) reaches at least 9.2 percent of the total new car market share for two consecutive years, calculated cumulatively for each of the two years.

(3) The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions:

(A) The vehicle is of a type identified in paragraph (3) of subdivision (a).

(B) The owner of the vehicle is the owner of a vehicle for which a decal, label, or other identifier was previously issued and that vehicle for which the decal, label, or other identifier was previously issued is determined by the department, on the basis of satisfactory proof submitted by the owner to the department, to be a nonrepairable vehicle or a total loss salvage vehicle.

(C) The owner of the vehicle applied for a decal, label, or other identifier pursuant to this paragraph within six months of the date on which the vehicle for which a decal, label, or other identifier was previously issued is declared to be a nonrepairable vehicle or a total loss salvage vehicle.

(g)

(h) If the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority, grants toll-free and reduced-rate passage on toll bridges under its jurisdiction to a vehicle pursuant to Section 30102.5 of the Streets and Highways Code, it shall also grant the same toll-free and reduced-rate passage to a vehicle displaying a valid identifier issued by the department pursuant to paragraph (1) or (2) of subdivision (a).

(h)

(i) (1) Notwithstanding Section 21655.9, and except as provided in paragraph (2), a vehicle described in subdivision (a) that displays a valid decal, label, or identifier issued pursuant to this section shall be granted a toll-free or reduced-rate passage in high-occupancy toll lanes as described in Section 149.7 of the Streets and Highways Code unless prohibited by federal law.

(2) (A) Paragraph (1) does not apply to the imposition of a toll imposed for passage on a toll road or toll highway, that is not a high-occupancy toll lane as described in Section 149.7 of the Streets and Highways Code.

(B) Paragraph (1) does not apply to the imposition of a toll charged for crossing a state-owned bridge.

(i)

(j) If the Director of Transportation determines that federal law does not authorize the state to allow vehicles that are identified by distinctive decals, labels, or other identifiers on vehicles described in subdivision (a) to use highway lanes or highway access ramps for high-occupancy vehicles regardless of vehicle occupancy, the Director of Transportation shall submit a notice of that determination to the Secretary of State.

(j)

(k) This section shall become inoperative on the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision (i), ( j), whichever occurs first.

(k)