[Congressional Record Volume 151, Number 32 (Wednesday, March 16, 2005)]
[Extensions of Remarks]
[Page E456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

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                               speech of

                           HON. BRAD SHERMAN

                             of california

                    in the house of representatives

                        Thursday, March 10, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 3) to 
     authorize funds for Federal-aid highways, highway safety 
     programs, and transit programs, and for other purposes.

  Mr. SHERMAN. Mr. Chairman, I rise to express my support for language 
in H.R. 3 which would permit states to exempt certain hybrid vehicles 
from high occupancy vehicle regulations.
  The legislation provides that alternative fuel vehicles as well as 
vehicles that achieve a highway fuel economy rating of 45 miles per 
gallon or greater may be exempted from HOV requirements through 
September 29, 2009.
  I would like to insert into the record a memo prepared at my request 
by the Congressional Research Service which analyzes the HOV provisions 
of H.R. 3 with respect to the treatment of hybrid vehicles.
  It is important to note that based on my conversations with the 
authors of this legislation as well as this memo, the language of H.R. 
3 would permit states the flexibility regulate when and where hybrid 
vehicles would be exempt from HOV regulations within the state.
  Mr. Speaker, I believe it is important that the States have the 
flexibility to regulate the hybrid use of HOV lanes within their 
state--both in terms of where hybrids will be permitted in HOV lanes 
and when they may be permitted. The language in H.R. 3 seems to achieve 
this purpose.

                               Congressional Research Service,

                                    Washington, DC, March 9, 2005.
     Hon. Brad Sherman.
            Hybrid Vehicle Access to HOV Lanes Under H.R. 3
       As you requested, this memorandum provides an analysis of 
     the high occupancy vehicle (HOV) provisions in the 
     Transportation Equity Act: A Legacy for Users (H.R. 3), as 
     reported in the House. Specifically, you asked about the 
     treatment of hybrid vehicles in H.R. 3.
       Section 1208 of the bill adds a new Section 168 to Title 23 
     of the United States Code. Section 18(b)(4) would allow--but 
     not require--states to exempt ``low emission and energy 
     efficient vehicles'' from HOV requirements through September 
     29, 2009. The bill does not specifically address hybrid 
     vehicles: instead, the bill provides that alternative fuel 
     vehicles as well as vehicles that achieve a highway fuel 
     economy rating of 45 miles per gallon or greater may be 
     exempted. Eligible vehicles must also meet the new Tier 2 
     light vehicle emissions standards, and must be certified by 
     the Environmental Protection Agency. It should be noted that 
     a state must actively establish a program to exempt 
     vehicles--the exemption is not automatic.
       Further, you asked whether states would have the authority 
     to exempt vehicles from specific HOV lanes at specific times, 
     or whether the state would be required to exempt vehicles 
     from all HOV lanes. The section on vehicle exemptions states 
     that ``the State agency may allow vehicles certified as low 
     emission and energy-efficient vehicles . . . to use the HOV 
     facility . . .'' In this and several other subsections, the 
     bill refers to an ``HOV facility'' in the singular. The 
     Federal Highway Administration treats every separate section 
     of highway as a separate ``HOV facility.'' For example, in 
     Virginia the HOV lanes outside of the Capital Beltway in 
     Interstate 66, the lanes inside of the beltway on I-66, and 
     the lanes on I-95/I-395 are all treated as separate 
     facilities. The restrictions on time and minimum occupancy 
     differ for all three facilities. Because of these 
     distinctions, it appears that states could choose to exempt 
     vehicles from one facility (i.e. highway) and not another.
       What is less clear is whether states could designate 
     specific lanes (within a facility) and times. The bill 
     requires states to ``establishes procedures for enforcing the 
     restrictions on the use of the facility by such vehicles.'' 
     This would seem to grant the state latitude in determining 
     when and where low emission and energy efficient vehicles 
     could be exempted from the HOV restrictions. However, 
     allowing compliant vehicles exemptions at some times but not 
     others--or in some lanes but not others--would add a level of 
     complexity to the enforcement of HOV restrictions. It 
     therefore seems an open question whether states would choose 
     to exempt compliant vehicles from restrictions on all state 
     HOV facilities, or on specific facilities without specifying 
     which lanes could be used or at what time.
       It should be noted that H.R. 3, as introduced, would have 
     required states to charge tolls for all vehicles exempted 
     from the HOV restrictions. The version as reported allows 
     such tolls, but does not require them. It should also be 
     noted that states would be required to limit or discontinue 
     the exemptions, if they were found to decrease traffic flow 
     along the HOV lanes.
           Sincerely,

                                               Brad Yacobucci,

                            Specialist in Energy Policy Resources,
     Sciences and Industry Division.

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