[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 444 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 444

  To amend title 23, United States Code, relating to the use of high 
              occupancy vehicle lanes by hybrid vehicles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2005

 Mr. Issa (for himself, Mr. Sherman, Mr. Cox, Mr. Platts, Mr. Dreier, 
 Mrs. Jo Ann Davis of Virginia, Mr. McDermott, Ms. Harman, Mr. Berman, 
 Ms. Watson, Mr. George Miller of California, Mr. Calvert, Mr. Baird, 
 and Mr. Schiff) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 23, United States Code, relating to the use of high 
              occupancy vehicle lanes by hybrid vehicles.

    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 Vehicle HOV Access Act''.

SEC. 2. HYBRID VEHICLE EXCEPTION.

    Section 102(a) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(3) Exception for low-emission hybrid vehicles.--
        Notwithstanding paragraph (1), a State may permit a vehicle 
        with fewer than 2 occupants to operate in high occupancy 
        vehicle lanes if--
                    ``(A) such vehicle is a hybrid vehicle; and
                    ``(B) the State establishes, after the date of 
                enactment of this paragraph, requirements for 
                identifying vehicles that are hybrid vehicles and 
                labeling such vehicles as hybrid vehicles.
            ``(4) Hybrid vehicle defined.--For purposes of this 
        subsection, the term `hybrid vehicle' means a motor vehicle (as 
        such term is defined in section 164(a))--
                    ``(A) which draws propulsion energy from onboard 
                sources of stored energy which are both--
                            ``(i) an internal combustion or heat engine 
                        using combustible fuel; and
                            ``(ii) a rechargeable energy storage 
                        system;
                    ``(B) which, in the case of a passenger automobile 
                or light truck--
                            ``(i) for 2002 and later model vehicles, 
                        has received a certificate of conformity under 
                        the Clean Air Act (42 U.S.C. 7401 et seq.) and 
                        meets or exceeds the equivalent qualifying 
                        California low emission vehicle standard under 
                        section 243(e)(2) of the Clean Air Act (42 
                        U.S.C. 7583(c)(2)) for that make and model 
                        year; and
                            ``(ii) for 2004 and later model vehicles, 
                        has received a certificate that such vehicle 
                        meets or exceeds the Bin 5 Tier II emission 
                        level 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)) or as meeting 
                        a California Air Resources Board emission 
                        standard that is at least as stringent for that 
                        make and model year vehicle, and meets any 
                        additional Environmental Protection Agency or 
                        California Air Resources Board emissions 
                        category or other requirements identified by 
                        the Agency or the Board, as the case may be;
                    ``(C)(i) which has been certified by the 
                Administrator of the Environmental Protection Agency to 
                have a 45-mile-per-gallon or greater fuel economy 
                highway rating; or
                    ``(ii) which meets any additional requirements, 
                restrictions, or conditions that the State establishes 
                before, on, or after the date of enactment of this 
                paragraph; and
                    ``(D) which is made by a manufacturer.''.

SEC. 3. TERMINATION.

    Effective December 31, 2010, paragraphs (3) and (4) of section 
102(a) of title 23, United States, are repealed.
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