[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5389 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5389

 To amend title 23, United States Code, to establish requirements for 
    the operation of high occupancy vehicle facilities on highways.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2004

  Mr. Graves introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to establish requirements for 
    the operation of high occupancy vehicle facilities on highways.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hybrid HOV Access Act of 2004''.

SEC. 2. HOV FACILITIES.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 165. HOV facilities
    ``(a) In General.--
            ``(1) Authority of state agencies.--A State agency that has 
        jurisdiction over the operation of a HOV facility shall 
        establish the occupancy requirements of vehicles operating on 
        the facility.
            ``(2) Occupancy requirement.--Except as otherwise provided 
        by this section, no fewer than 2 occupants per vehicle may be 
        required for use of a HOV facility.
    ``(b) Exceptions.--Notwithstanding the occupancy requirements of 
subsection (a)(2), the following exceptions shall apply with respect to 
a State agency operating a HOV facility:
            ``(1) Motorcycles and bicycles.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                State agency shall allow motorcycles and bicycles to 
                use the HOV facility.
                    ``(B) Safety exception.--A State agency may 
                restrict use of the HOV facility by motorcycles or 
                bicycles (or both) if the agency certifies to the 
                Secretary that such use would create a safety hazard 
                and the Secretary accepts the certification. The 
                Secretary may accept a certification under this 
                subparagraph only after the Secretary publishes notice 
                of the certification in the Federal Register and 
                provides an opportunity for public comment.
            ``(2) Public transportation vehicles.--The State agency may 
        allow public transportation vehicles to use the HOV facility if 
        the agency--
                    ``(A) establishes requirements for clearly 
                identifying the vehicles; and
                    ``(B) establishes procedures for enforcing the 
                restrictions on the use of the facility by such 
                vehicles.
            ``(3) High occupancy toll vehicles.--The State agency may 
        allow vehicles not otherwise exempt pursuant to this subsection 
        to use the HOV facility if the operators of such vehicles pay a 
        toll charged by the agency for use of the facility and the 
        agency--
                    ``(A) establishes a program that addresses how 
                motorists can enroll and participate in the toll 
                program;
                    ``(B) develops, manages, and maintains a system 
                that will automatically collect the toll; and
                    ``(C) establishes policies and procedures to--
                            ``(i) manage the demand to use the facility 
                        by varying the toll amount that is charged;
                            ``(ii) enforce violations of use of the 
                        facility; and
                            ``(iii) permit low-income individuals to 
                        pay reduced tolls.
            ``(4) Low emission and energy-efficient vehicles.--
                    ``(A) Inherently low-emission vehicle.--Before 
                September 30, 2009, the State agency may allow vehicles 
                that are certified as inherently low-emission vehicles 
                pursuant to section 88.311-93 of title 40, Code of 
                Federal Regulations, and are labeled in accordance with 
                section 88.312-93 of such title, to use the HOV 
                facility if the agency establishes procedures for 
                enforcing the restrictions on the use of the facility 
                by such vehicles.
                    ``(B) Other low emission and energy-efficient 
                vehicles.--Before September 30, 2009, the State agency 
                may allow vehicles certified as low emission and 
                energy-efficient vehicles under subsection (e), and 
                labeled in accordance with subsection (e), to use the 
                HOV facility if the agency--
                            ``(i) establishes a program that addresses 
                        how those qualifying low emission and energy-
                        efficient vehicles are selected and certified;
                            ``(ii) establishes requirements for 
                        labeling qualifying low emission and energy-
                        efficient vehicles (including procedures for 
                        enforcing those requirements);
                            ``(iii) continuously monitors, evaluates, 
                        and reports to the Secretary on performance; 
                        and
                            ``(iv) imposes such restrictions on the use 
                        on high occupancy vehicle lanes by vehicles 
                        that do not satisfy established occupancy 
                        requirements as are necessary to ensure that 
                        the performance of individual high occupancy 
                        vehicle lanes, and the entire high occupancy 
                        vehicle lane system, will not become seriously 
                        degraded.
            ``(5) Advanced lean burn technology vehicles.--Before 
        September 30, 2009, the State agency may allow vehicles 
        certified as advanced lean burn technology vehicles under 
        subsection (e), and labeled in accordance with subsection (e), 
        to use the HOV facility if the agency--
                    ``(A) establishes a program that address how those 
                qualifying advanced lean burn technology vehicles are 
                selected and certified;
                    ``(B) establishes requirements for labeling 
                qualifying advanced lean burn technology vehicles 
                (including procedures for enforcing those 
                requirements);
                    ``(C) continuously monitors, evaluates, and reports 
                to the Secretary on performance; and
                    ``(D) imposes such restrictions on the use on high 
                occupancy vehicle lanes by vehicles that do not satisfy 
                established occupancy requirements as are necessary to 
                ensure that the performance of individual high 
                occupancy vehicle lanes, and the entire high occupancy 
                vehicle lane system, will not become seriously 
                degraded.
    ``(c) Requirements Applicable to Tolls.--
            ``(1) In general.--Tolls may be charged under subsections 
        (b)(3) and (b)(4) notwithstanding section 301 and, except as 
        provided in paragraphs (2) and (3), subject to the requirements 
        of section 129.
            ``(2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        subsections (b)(3) and (b)(4) on a HOV facility on the 
        Interstate System.
            ``(3) Excess toll revenues.--If a State agency makes a 
        certification under the last sentence of section 129(a)(3) with 
        respect to toll revenues collected under subsections (b)(3) and 
        (b)(4), the State, in the use of tolls revenues under that 
        sentence, shall give priority consideration to projects for 
        developing alternatives to single occupancy vehicle travel and 
        projects for improving highway safety.
    ``(d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
            ``(1) In general.--A State agency that allows vehicles to 
        use a HOV facility under subsection (b)(4) in a fiscal year 
        shall certify to the Secretary that the agency will carry out 
        the following responsibilities with respect to the facility in 
        the fiscal year:
                    ``(A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and reporting 
                program for the facility that provides for continuous 
                monitoring, assessment, and reporting on the impacts 
                that such vehicles may have on the operation of the 
                facility and adjacent highways.
                    ``(B) Establishing, managing, and supporting an 
                enforcement program that ensures that the facility is 
                being operated in accordance with the requirements of 
                this section.
                    ``(C) Limiting or discontinuing the use of the 
                facility by such vehicles if the presence of such 
                vehicles has degraded the operation of the facility.
            ``(2) Degraded facility.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the operation of a HOV facility shall be considered to 
                be degraded if vehicles operating on the facility are 
                failing to maintain a minimum average operating speed 
                90 percent of the time over a consecutive 6-month 
                period during morning or evening weekday peak hour 
                periods (or both).
                    ``(B) Minimum average operating speed defined.--In 
                subparagraph (A), the term `minimum average operating 
                speed' means--
                            ``(i) 45 miles per hour, in the case of a 
                        HOV facility with a speed limit of 50 miles per 
                        hour or greater; and
                            ``(ii) not more than 10 miles per hour 
                        below the speed limit, in the case of a HOV 
                        facility with a speed limit of less than 50 
                        miles per hour.
    ``(e) Certification of Low Emission and Energy-Efficient Vehicles 
and Advanced Lean Burn Technology Vehicles.--Not later than 6 months 
after the date of enactment of this section, the Administrator of the 
Environmental Protection Agency shall issue--
            ``(1) a final rule establishing requirements for 
        certification of a vehicle for purposes of this section as--
                    ``(A) a low emission and energy-efficient vehicle; 
                or
                    ``(B) an advanced lean burn technology vehicle; and
            ``(2) requirements for the labeling of such vehicles.
    ``(f) Fuel Efficiency Guidance for Hybrid Vehicles.--Not later than 
6 months after the date of enactment of this section, the Administrator 
of the Environmental Protection agency shall issue guidance on methods 
for determining whether a vehicle meets the fuel efficiency standards 
required to qualify as a hybrid vehicle under subsection (g).
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) Advanced lean burn technology vehicle.--The term 
        `advanced lean burn technology vehicle' means a vehicle with an 
        internal combustion engine that is designed to operate 
        primarily using more air than is necessary for complete 
        combustion of fuel, incorporates direct injection, achieves at 
        least 125 percent of city fuel economy of a comparable vehicle, 
        and has received a certificate that such vehicle meets or 
        exceeds--
                    ``(A) in the case of a vehicle having a gross 
                vehicle weight rating of 6000 pounds or less, the Bin 5 
                Tier II emission standard established in regulations 
                prescribed by the Administrator of the Environmental 
                Protection Agency under section 202(i) of the Clean Air 
                Act (42 U.S.C 7521(i)); and
                    ``(B) in the case of a vehicle having a gross 
                vehicle weight rating of more than 6,000 pounds but not 
                more than 8,500 pounds, the Bin 8 Tier II emission 
                standard established in such regulations.
            ``(2) Dedicated alternative fuel vehicle.--The term 
        `dedicated alternative fuel vehicle' means a vehicle that 
        operates solely on--
                    ``(A) methanol, denatured ethanol, or other 
                alcohols;
                    ``(B) a mixture containing at least 85 percent of 
                methanol, denatured ethanol, and other alcohols by 
                volume with gasoline or other fuels;
                    ``(C) natural gas;
                    ``(D) liquefied petroleum gas;
                    ``(E) hydrogen;
                    ``(F) coal derived liquid fuels;
                    ``(G) fuels (except alcohol) derived from 
                biological materials;
                    ``(H) electricity (including electricity from solar 
                energy); or
                    ``(I) any other fuel that the Secretary prescribes 
                by regulation that is not substantially petroleum and 
                that would yield substantial energy security and 
                environmental benefits.
            ``(3) HOV facility.--The term `HOV facility' means a high 
        occupancy vehicle facility.
            ``(4) Hybrid vehicle.--The term `hybrid vehicle' means a 
        vehicle that--
                    ``(A) has propulsion energy drawn from onboard 
                hybrid sources of stored energy, including--
                            ``(i) an internal combustion or heat engine 
                        using consumable fuel; and
                            ``(ii) a rechargeable energy storage 
                        system; and
                    ``(B) has been certified by the manufacturer, in 
                accordance with guidance prescribed by the 
                Administrator under subsection (f), to have achieved 
                either--
                            ``(i) a 10 percent or greater increase in 
                        city fuel economy relative to a comparable 
                        vehicle that is an internal combustion gasoline 
                        fueled vehicle (other than a vehicle that has 
                        propulsion energy from such onboard hybrid 
                        sources); or
                            ``(ii) a 10 percent or greater increase in 
                        lifetime fuel savings relative to such 
                        comparable vehicle.
            ``(6) Low emission and energy efficient vehicle.--The term 
        `low emission and energy-efficient vehicle' means a vehicle 
        that--
                    ``(A) has been certified by the Administrator of 
                the Environmental Protection Agency as meeting the Tier 
                II emission standard established in regulations 
                prescribed by the Administrator under section 202(i) of 
                the Clean Air Act (42 U.S.C. 7521(i)) for that make and 
                model year vehicle; and
                    ``(B) is a hybrid vehicle or dedicated alternative 
                fuel vehicle.
            ``(7) Public transportation vehicle.--The term `public 
        transportation vehicle' means a vehicle that provides public 
        transportation (as defined in section 5302(a) of title 49).
            ``(8) State agency.--The term `State agency', as used with 
        respect to a HOV facility, means an agency of a State or local 
        government having jurisdiction over the operation of the 
        facility and includes a State transportation department.''.
    (b) Conforming Amendments.--
            (1) Program efficiencies.--Section 102 of title 23, United 
        States Code, is amended by striking subsection (a) and 
        redesignating subsections (b) and (c) as subsections (a) and 
        (b), respectively.
            (2) Chapter analysis.--The analysis for subchapter I of 
        chapter 1 of such title is amended by adding at the end the 
        following:

``165. HOV facilities.''.
    (c) Technical Amendment.--Section 102(b) of title 23, United States 
Code, (as redesignated by subsection (b)(1) of this section) is amended 
by striking ``10 years'' and all that follows through ``after'' and 
inserting ``10 years (or such longer period as the State requests and 
the Secretary determines to be reasonable) after''.
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