[Congressional Record Volume 151, Number 26 (Tuesday, March 8, 2005)]
[Senate]
[Pages S2255-S2256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Allen):
  S. 553. A bill to amend title 23, United States Code, to provide for 
HOV-lane exemptions for low-emission and hybrid vehicles; to the 
Committee on Environment and Public Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce a bill with 
Senator Allen that would allow hybrids to access High Occupancy Vehicle 
(HOV) lanes.
  California and other States, such as Arizona, Colorado, and Georgia, 
do not want to risk losing their Federal highway dollars by acting 
without a waiver from the Department of Transportation to implement 
laws permitting hybrid vehicles to use HOV lanes.
  Virginia has decided to take that risk because the benefit of having 
more fuel efficient cars on the roads is greater.
  This bill would allow the Department of Transportation to grant such 
a waiver to States.
  The purpose of this bill is to encourage Americans to buy and drive 
hybrids, which provide an innovative solution to help reduce our thirst 
for gasoline.
  Allowing hybrids into HOV lanes is a low-cost and quick incentive to 
promote the use of hybrids.
  Hybrid vehicles are more fuel efficient than cars powered by internal 
combustion engines and they emit fewer greenhouse gases that lead to 
global warming.
  Burning less gas can also help us to gain independence from foreign 
sources of energy.
  The cost of hybrid technology will decrease by bringing more hybrids 
into the market.
  And, people can make smarter, more fuel efficient, less polluting 
choices while getting to and from work faster.
  Several States, including my State of California, have acted on their 
own to permit hybrid vehicles to use HOV lanes.

[[Page S2256]]

  Current Federal law, however, only grants States the flexibility to 
allow electric or natural gas powered vehicles to drive in the HOV 
lanes with a single passenger.
  Right now, there are approximately 20,000 high-mileage hybrid car 
owners in California waiting to take advantage of a State law that went 
into effect on January 1, 2005. This State law, sponsored by 
assemblywoman Fran Pavley, allows hybrid vehicles that get 45 miles-
per-gallon or better to use diamond or HOV lanes until 2008.
  As California has 40 percent of the Nation's carpool lanes, high-
mileage hybrid owners stand to gain a significant benefit for driving 
these cars.
  Some critics have expressed concerns that HOV lanes will get 
overloaeded, but each State can stop the program if congestion becomes 
a problem.
  Hybrids only account for a fraction of the cars sold today--43,435 
hybrids out of a total of 16.7 million vehicles were sold in 2003!
  If States want to act to encourage their citizens to drive more fuel 
efficient, less polluting vehicles, we need to give them the tools to 
do so.
  It is my hope that Congress will pass this bill quickly so that 
hybrid drivers in California, Georgia, Colorado and elsewhere can take 
advantage of the HOV lanes.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 553

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

     SECTION 1. HOV-LANE EXEMPTION FOR LOW-EMISSION AND HYBRID 
                   VEHICLES

       Section 102(a)(2) of title 23, United States Code, is 
     amended--
       (1) by striking the first sentence and inserting the 
     following:
       ``(A) In general.--Notwithstanding paragraph (1), a State 
     may permit a vehicle with fewer than 2 occupants to operate 
     in high occupancy vehicle lanes if the vehicle is--
       ``(i)(I) certified as meeting the inherently low-emission 
     vehicle evaporative emission standard under part 88 of title 
     40, Code of Federal Regulations (or a successor regulation) 
     (including a vehicle produced before or during the 2004 model 
     year that meets that standard); and
       ``(II) labeled in accordance with section 88.312-93(c) of 
     title 40, Code of Federal Regulations (or a successor 
     regulation); or
       ``(ii) a motor vehicle that--

       ``(I) draws propulsion energy from onboard sources of 
     stored energy produced or stored by--

       ``(aa) an internal combustion or heat engine using 
     combustible fuel; and
       ``(bb) a rechargeable energy storage system that provides 
     at least 5 percent of the maximum available power; and

       ``(II) meets such other requirements or criteria as may be 
     specified by the State.''; and

       (2) in the second sentence, by striking ``Such permission'' 
     and inserting the following:
       ``(B) Revocation.--The permission under subparagraph (A)''.
                                 ______