[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3191

 To improve provisions of title 23, United States Code relating to the 
                         use of HOV facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2012

   Mr. Brown of Ohio (for himself and Mr. Alexander) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To improve provisions of title 23, United States Code relating to the 
                         use of 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.--Section 166 of title 23, United States Code, is 
amended to read as follows:
``Sec. 166. HOV facilities
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Alternative fuel vehicle.--The term `alternative fuel 
        vehicle' means a dedicated vehicle that is operating 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) fuels (except alcohol) derived from 
                biological materials;
                    ``(G) electricity (including electricity from solar 
                energy); or
                    ``(H) any other fuel that the Secretary prescribes 
                by regulation that is not substantially petroleum and 
                that would yield substantial energy security and 
                environmental benefits, including fuels regulated under 
                section 490 of title 10, Code of Federal Regulations 
                (or successor regulations).
            ``(2) HOV facility.--The term `HOV facility' means a high 
        occupancy vehicle facility.
            ``(3) Public transportation vehicle.--The term `public 
        transportation vehicle' means a vehicle that--
                    ``(A) provides designated public transportation (as 
                defined in section 221 of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12141)) or provides 
                public school transportation (to and from public or 
                private primary, secondary, or tertiary schools); and
                    ``(B)(i) is owned or operated by a public entity;
                    ``(ii) is operated under a contract with a public 
                entity; or
                    ``(iii) is operated pursuant to a license by the 
                Secretary or a State agency to provide motorbus or 
                school vehicle transportation services to the public.
            ``(4) State agency.--
                    ``(A) In general.--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.
                    ``(B) Inclusion.--The term `State agency' includes 
                a State transportation department.
    ``(b) State Requirements.--
            ``(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.
    ``(c) Exceptions.--
            ``(1) In general.--Notwithstanding the occupancy 
        requirement of subsection (b)(2), the exceptions in paragraphs 
        (2) through (5) shall apply with respect to a State agency 
        operating a HOV facility.
            ``(2) 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 (or both) if the agency certifies 
                        to the Secretary that such use would create a 
                        safety hazard and the Secretary accepts the 
                        certification.
                            ``(ii) Acceptance of 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.
            ``(3) Public transportation vehicles.--The State agency may 
        allow public transportation vehicles to use the HOV facility if 
        the agency establishes--
                    ``(A) requirements for clearly identifying the 
                vehicles; and
                    ``(B) procedures for enforcing the restrictions on 
                the use of the facility by the vehicles.
            ``(4) 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 the 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--
                            ``(i) to manage the demand to use the 
                        facility by varying the toll amount that is 
                        charged; and
                            ``(ii) to enforce violations of use of the 
                        facility.
            ``(5) Alternative fuel vehicles and new qualified plug-in 
        electric drive motor vehicles.--
                    ``(A) Use of hov facilities.--For a period 
                beginning not later than 1 year after the date of 
                enactment of this section and ending on September 30, 
                2017, the State agency--
                            ``(i) may allow alternative fuel vehicles 
                        and new qualified plug-in electric drive motor 
                        vehicles (as defined in section 30D(d)(1) of 
                        the Internal Revenue Code of 1986), to use HOV 
                        facilities in the State; and
                            ``(ii) shall establish procedures for use 
                        in enforcing the restrictions on that use of 
                        HOV facilities by those vehicles.
                    ``(B) Existing programs and procedures.--The State 
                agency shall--
                            ``(i) not later than 1 year after the date 
                        of enactment of this section, develop and 
                        publish in the Federal Register a plan for use 
                        in--
                                    ``(I) revising the HOV facility 
                                programs and procedures of the State 
                                agency to ensure that those programs 
                                and procedures are in compliance with 
                                this section; and
                                    ``(II) notifying the public of any 
                                upcoming changes in vehicle eligibility 
                                for HOV facility usage; and
                            ``(ii) not later than 3 years after the 
                        date of enactment of this section, update HOV 
                        facility programs and procedures in accordance 
                        with the plan described in clause (i).
    ``(d) Requirements Applicable to Tolls.--
            ``(1) In general.--Notwithstanding sections 129 and 301, 
        and except as provided in paragraph (2), tolls may be charged 
        under subsection (c)(4).
            ``(2) Excess toll revenues.--If a State agency makes a 
        certification under section 129(a)(3) with respect to toll 
        revenues collected under subsection (c)(4), the State, in the 
        use of toll revenues under subsection (c)(4), shall give 
        priority consideration to projects for developing alternatives 
        to single occupancy vehicle travel and projects for improving 
        highway safety.
    ``(e) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
            ``(1) In general.--A State agency that allows vehicles to 
        use a HOV facility under paragraph (4) or (5) of subsection (c) 
        shall submit to the Secretary a report demonstrating that the 
        facility is not already degraded, and that the presence of the 
        vehicles will not cause the facility to become degraded, and 
        certify that the agency will carry out the following 
        responsibilities with respect to the facility:
                    ``(A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and reporting 
                program for the HOV facility that provides for 
                continuous monitoring, assessment, and reporting on the 
                impacts that the vehicles may have on the operation of 
                the facility and adjacent highways and submitting to 
                the Secretary annual reports of those impacts.
                    ``(B) Establishing, managing, and supporting an 
                enforcement program that ensures that the HOV facility 
                is being operated in accordance with this section.
                    ``(C) Limiting or discontinuing the use of the HOV 
                facility by the vehicles, whenever the operation of the 
                facility is degraded, that requires such a limitation 
                or discontinuation of use to apply first to vehicles 
                using the HOV facility under subsection (c)(4) before 
                applying to vehicles using the HOV facility under 
                subsection (c)(5).
            ``(2) Maintenance of operating performance.--A facility 
        that has become degraded shall be brought back into compliance 
        with the minimum average operating speed performance standard 
        by not later than 180 days after the date on which the 
        degradation is identified through changes to operation, 
        including the following:
                    ``(A) Increase the occupancy requirement for HOVs.
                    ``(B) Increase the toll charged for vehicles 
                allowed under subsection (b) to reduce demand.
                    ``(C) Charge tolls to any class of vehicle allowed 
                under subsection (b) that is not already subject to a 
                toll.
                    ``(D) Limit or discontinue allowing vehicles under 
                subsection (b).
                    ``(E) Increase the available capacity of the HOV 
                facility.
            ``(3) Compliance.--If the State fails to bring a facility 
        into compliance under paragraph (2), the Secretary shall 
        subject the State to appropriate program sanctions under 
        section 1.36 of title 23, Code of Federal Regulations (or 
        successor regulations), until the performance is no longer 
        degraded.
            ``(4) Degraded facility.--
                    ``(A) Definition of minimum average operating 
                speed.--In this paragraph, the term `minimum average 
                operating speed' means less than 65 percent of the HOV 
                facility rated speed limit.
                    ``(B) Standard for determining degraded facility.--
                For purposes of paragraph (1), the operation of a HOV 
                facility shall be considered to be degraded if vehicles 
                operating on the HOV facility are failing to maintain a 
                minimum average operating speed 65 percent of the time 
                over a consecutive 180-day period during morning or 
                evening weekday peak hour periods (or both).''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary and the States should provide additional incentives 
(including the use of high occupancy vehicle lanes on State highways 
and routes on the Interstate System) for the purchase and use of 
advanced technology and dedicated alternative fuel vehicles, which have 
been proven to minimize air emissions and decrease consumption of 
fossil fuels.
                                 <all>