[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]






109th CONGRESS
  1st Session
                                 S. 129

 To amend title 23, United States Code, to provide for HOV facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

Mr. Talent introduced the following bill; which was read twice and 
        referred to the Committee on Environment and Public WorksYYYYYY

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to provide for HOV facilities.

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

SECTION 1. 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) Definitions.--In this section:
            ``(1) 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, or 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.
            ``(2) HOV facility.--The term `HOV facility' means a high 
        occupancy vehicle facility.
            ``(3) 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 level 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)(i) has propulsion energy drawn from onboard 
                hybrid sources of stored energy that are--
                            ``(I) an internal combustion or heat engine 
                        using consumable fuel;
                            ``(II) a rechargeable energy storage 
                        system; and
                            ``(III) certified by the manufacturer to 
                        have achieved either a 10 percent or more 
                        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 a 10 percent or 
                        more vehicle increase in lifetime fuel savings 
                        relative to a comparable vehicle, determined in 
                        accordance with guidelines prescribed by the 
                        Administrator of the Environmental Protection 
                        Agency not later than 180 days after the date 
                        of enactment of this section, specifying 
                        procedures and methods for calculating either 
                        increase and making the comparison, except that 
                        the State agency referred to in this section 
                        may, subject to the guidelines, increase in 
                        combination the percentage under this subclause 
                        in furtherance of its responsibilities with 
                        respect to a HOV facility specified in 
                        subsection (e); or
                    ``(ii) is a dedicated alternative fuel vehicle.
            ``(4) Public transportation vehicle.--The term `public 
        transportation vehicle' means a vehicle that provides public 
        transportation (as defined in section 5302(a) of title 49).
            ``(5) State agency.--The term `State agency', as used with 
        respect to a HOV facility, means an agency of a State or local 
        government (including a State transportation department) having 
        jurisdiction over the operation of the facility.
            ``(6) Advanced lean burn technology vehicle.--The term 
        `advanced lean burn technology vehicle' means a vehicle with an 
        internal combustion engine that--
                    ``(A) is designed to operate primarily using more 
                air than is necessary for complete combustion of fuel;
                    ``(B) incorporates direct injection;
                    ``(C) achieves at least 125 percent of city fuel 
                economy of a comparable vehicle; and
                    ``(D) has received a certificate that the vehicle 
                meets or exceeds--
                            ``(i) in the case of a vehicle having a 
                        gross vehicle weight rating of 6000 pounds or 
                        less, the Bin 5 II emission standard 
                        established by regulations under section 202(i) 
                        of the Clean Air Act (42 U.S.C. 7521(i)); and
                            ``(ii) 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 by 
                        regulations under section 202(i) of the Clean 
                        Air Act (42 U.S.C. 7521(i)).
    ``(b) 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, not fewer than 2 occupants per vehicle may be 
required for use of a HOV facility.
    ``(c) Exceptions to Occupancy Requirement.--Notwithstanding the 
occupancy requirements of subsection (b)(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.--
                            ``(i) In general.--A State agency may 
                        restrict use of the HOV facility by motorcycles 
                        or bicycles if the agency certifies to the 
                        Secretary that such use would create a safety 
                        hazard and the Secretary accepts the 
                        certification.
                            ``(ii) Notice.--The Secretary may accept a 
                        certification under clause (i) 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 the 
                vehicles.
            ``(3) High occupancy toll vehicles.--The State agency may 
        allow vehicles that are not otherwise exempt under this 
        subsection to use the HOV facility if--
                    ``(A) the operators of the vehicles pay a toll 
                charged by the agency for use of the facility; and
                    ``(B) the agency--
                            ``(i) establishes a program that addresses 
                        how motorists can enroll and participate in the 
                        toll program;
                            ``(ii) develops, manages, and maintains a 
                        system that will automatically collect the 
                        toll; and
                            ``(iii) 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 vehicles.--Before 
                September 30, 2009, the State agency may allow vehicles 
                that are certified and labeled as inherently low-
                emission vehicles under section 88.311-93 of title 40, 
                Code of Federal Regulations, to use the HOV facility if 
                the agency establishes procedures for enforcing 
                restrictions on the use of the facility by the 
                vehicles.
                    ``(B) Other low-emission and energy-efficient 
                vehicles.--Before September 30, 2009, the State agency 
                may allow vehicles that are certified as and labeled 
                low-emission and energy-efficient vehicles under 
                subsection (f) to use the HOV facility if the agency--
                            ``(i) establishes a program that addresses 
                        how the vehicles are selected and certified;
                            ``(ii) establishes requirements for 
                        labeling the vehicles and procedures for 
                        enforcing those requirements;
                            ``(iii) continuously monitors, evaluates, 
                        and reports to the Secretary on the performance 
                        of the vehicles; and
                            ``(iv) imposes on the use of the HOV 
                        facility by vehicles that do not satisfy 
                        established occupancy requirements any 
                        restrictions that are necessary to ensure that 
                        neither the performance of an individual HOV 
                        facility nor the HOV facility system are 
                        seriously degraded.
            ``(5) Advanced lean burn technology vehicles.--Before 
        September 30, 2009, the State agency may allow vehicles that 
        are certified and labeled as advanced lean burn technology 
        vehicles under subsection (f) to use the HOV facility if the 
        agency--
                    ``(A) establishes a program that addresses how the 
                vehicles are selected and certified;
                    ``(B) establishes requirements for labeling the 
                vehicles and procedures for enforcing those 
                requirements;
                    ``(C) continuously monitors, evaluates, and reports 
                to the Secretary on the performance of the vehicles; 
                and
                    ``(D) imposes on the use of HOV facilities by 
                vehicles that do not satisfy established occupancy 
                requirements any restrictions that are necessary to 
                ensure that neither the performance of individual HOV 
                facilities nor the HOV facility system are seriously 
                degraded.
    ``(d) Requirements Applicable to Tolls.--
            ``(1) In general.--Notwithstanding section 301, tolls may 
        be charged under paragraphs (3) and (4) of subsection (c), 
        subject to the requirements of section 129.
            ``(2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        paragraphs (3) and (4) of subsection (c) 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) 
        concerning toll revenues collected under paragraphs (3) and (4) 
        of subsection (c), the State shall give priority consideration 
to projects that develop alternatives to single occupancy vehicle 
travel or improve highway safety in the use of toll revenues under that 
sentence.
    ``(e) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
            ``(1) In general.--A State agency that allows low-emission 
        and energy-efficient vehicles to use a HOV facility under 
        subsection (c)(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) Establish, manage, and support a performance-
                monitoring, evaluation, and reporting program for the 
                facility that provides for continuous monitoring, 
                assessment, and reporting on the effects that low-
                emission and energy-efficient vehicles may have on the 
                operation of the facility and adjacent highways.
                    ``(B) Establish, manage, and support an enforcement 
                program that ensures that the facility is operated in 
                accordance with this section.
                    ``(C) Limit or discontinue the use of the facility 
                by low-emission and energy-efficient vehicles if the 
                presence of the vehicles has degraded the operation of 
                the facility.
            ``(2) Minimum average operating speed; degraded facility.--
                    ``(A) Minimum average operating speed defined.--In 
                this paragraph, 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.
                    ``(B) Standard for determining degradation.--For 
                purposes of paragraph (1), the operation of a HOV 
                facility shall be considered to be degraded if vehicles 
                operating on the facility fail to maintain a minimum 
                average operating speed 90 percent of the time over a 
                consecutive 180-day period during morning or evening 
                weekday peak hour periods.
    ``(f) Certification and Labeling of Low-Emission and Energy-
Efficient Vehicles and Advanced Lean Burn Technology Vehicles.--Not 
later than 180 days after the date of enactment of this section, the 
Administrator of the Environmental Protection Agency shall promulgate a 
final rule establishing requirements for--
            ``(1) certification of vehicles--
                    ``(A) as low-emission and energy-efficient 
                vehicles; and
                    ``(B) as advance lean burn technology vehicles; and
            ``(2) labeling of the vehicles certified under paragraph 
        (1).''.
    (b) Technical Amendment.--Section 102(c) of title 23, United States 
Code, is amended by striking from ``10 years'' through ``after'' and 
inserting ``10 years (or any longer period that the State requests and 
the Secretary determines to be reasonable) after''.
    (c) 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 title 23, United States Code, is amended by adding 
        at the end the following:


``165. HOV facilities.''.
                                 <all>