II 

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 Works 

A BILL 

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

facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. HOV FACILITIES. 

4 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

5 23, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 165. HOV facilities 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) DEDICATED ALTERNATIVE FUEL VEHI10 CLE.—The term ‘dedicated alternative fuel vehicle’ 

11 means a vehicle that operates solely on— 
2 

•S 129 IS 

1 ‘‘(A) methanol, denatured ethanol, or other 

2 alcohols; 

3 ‘‘(B) a mixture containing at least 85 per4 cent of methanol, denatured ethanol, or other 

5 alcohols by volume with gasoline or other fuels; 

6 ‘‘(C) natural gas; 

7 ‘‘(D) liquefied petroleum gas; 

8 ‘‘(E) hydrogen; 

9 ‘‘(F) coal derived liquid fuels; 

10 ‘‘(G) fuels (except alcohol) derived from bi11 ological materials; 

12 ‘‘(H) electricity, including electricity from 

13 solar energy; or 

14 ‘‘(I) any other fuel that the Secretary pre15 scribes by regulation that is not substantially 

16 petroleum and that would yield substantial en17 ergy security and environmental benefits. 

18 ‘‘(2) HOV FACILITY.—The term ‘HOV facility’ 

19 means a high occupancy vehicle facility. 

20 ‘‘(3) LOW-EMISSION AND ENERGY-EFFICIENT

21 VEHICLE.—The term ‘low-emission and energy-effi22 cient vehicle’ means a vehicle that— 

23 ‘‘(A) has been certified by the Adminis24 trator of the Environmental Protection Agency 

25 as meeting the Tier II emission level established 
3 

•S 129 IS 

1 in regulations prescribed by the Administrator 

2 under section 202(i) of the Clean Air Act (42 

3 U.S.C. 7521(i)) for that make and model year 

4 vehicle; and 

5 ‘‘(B)(i) has propulsion energy drawn from 

6 onboard hybrid sources of stored energy that 

7 are— 

8 ‘‘(I) an internal combustion or heat 

9 engine using consumable fuel; 

10 ‘‘(II) a rechargeable energy storage 

11 system; and 

12 ‘‘(III) certified by the manufacturer to 

13 have achieved either a 10 percent or more 

14 increase in city fuel economy relative to a 

15 comparable vehicle that is an internal com16 bustion gasoline fueled vehicle (other than 

17 a vehicle that has propulsion energy from 

18 such onboard hybrid sources), or a 10 per19 cent or more vehicle increase in lifetime 

20 fuel savings relative to a comparable vehi21 cle, determined in accordance with guide22 lines prescribed by the Administrator of 

23 the Environmental Protection Agency not 

24 later than 180 days after the date of en25 actment of this section, specifying proce-
4 

•S 129 IS 

1 dures and methods for calculating either 

2 increase and making the comparison, ex3 cept that the State agency referred to in 

4 this section may, subject to the guidelines, 

5 increase in combination the percentage 

6 under this subclause in furtherance of its 

7 responsibilities with respect to a HOV fa8 cility specified in subsection (e); or 

9 ‘‘(ii) is a dedicated alternative fuel vehicle. 

10 ‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The 

11 term ‘public transportation vehicle’ means a vehicle 

12 that provides public transportation (as defined in 

13 section 5302(a) of title 49). 

14 ‘‘(5) STATE AGENCY.—The term ‘State agency’, 

15 as used with respect to a HOV facility, means an 

16 agency of a State or local government (including a 

17 State transportation department) having jurisdiction 

18 over the operation of the facility. 

19 ‘‘(6) ADVANCED LEAN BURN TECHNOLOGY VE20 HICLE.—The term ‘advanced lean burn technology 

21 vehicle’ means a vehicle with an internal combustion 

22 engine that— 

23 ‘‘(A) is designed to operate primarily using 

24 more air than is necessary for complete com25 bustion of fuel; 
5 

•S 129 IS 

1 ‘‘(B) incorporates direct injection; 

2 ‘‘(C) achieves at least 125 percent of city 

3 fuel economy of a comparable vehicle; and 

4 ‘‘(D) has received a certificate that the ve5 hicle meets or exceeds— 

6 ‘‘(i) in the case of a vehicle having a 

7 gross vehicle weight rating of 6000 pounds 

8 or less, the Bin 5 II emission standard es9 tablished by regulations under section 

10 202(i) of the Clean Air Act (42 U.S.C. 

11 7521(i)); and 

12 ‘‘(ii) in the case of a vehicle having a 

13 gross vehicle weight rating of more than 

14 6,000 pounds but not more than 8,500 

15 pounds, the Bin 8 Tier II emission stand16 ard established by regulations under sec17 tion 202(i) of the Clean Air Act (42 U.S.C. 

18 7521(i)). 

19 ‘‘(b) IN GENERAL.— 

20 ‘‘(1) AUTHORITY OF STATE AGENCIES.—A 

21 State agency that has jurisdiction over the operation 

22 of a HOV facility shall establish the occupancy re23 quirements of vehicles operating on the facility. 

24 ‘‘(2) OCCUPANCY REQUIREMENT.—Except as 

25 otherwise provided by this section, not fewer than 2 
6 

•S 129 IS 

1 occupants per vehicle may be required for use of a 

2 HOV facility. 

3 ‘‘(c) EXCEPTIONS TO OCCUPANCY REQUIREMENT.— 

4 Notwithstanding the occupancy requirements of sub5 section (b)(2), the following exceptions shall apply with re6 spect to a State agency operating a HOV facility: 

7 ‘‘(1) MOTORCYCLES AND BICYCLES.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the State agency shall allow motor10 cycles and bicycles to use the HOV facility. 

11 ‘‘(B) SAFETY EXCEPTION.— 

12 ‘‘(i) IN GENERAL.—A State agency 

13 may restrict use of the HOV facility by 

14 motorcycles or bicycles if the agency cer15 tifies to the Secretary that such use would 

16 create a safety hazard and the Secretary 

17 accepts the certification. 

18 ‘‘(ii) NOTICE.—The Secretary may ac19 cept a certification under clause (i) only 

20 after the Secretary publishes notice of the 

21 certification in the Federal Register and 

22 provides an opportunity for public com23 ment. 
7 

•S 129 IS 

1 ‘‘(2) PUBLIC TRANSPORTATION VEHICLES.— 

2 The State agency may allow public transportation 

3 vehicles to use the HOV facility if the agency— 

4 ‘‘(A) establishes requirements for clearly 

5 identifying the vehicles; and 

6 ‘‘(B) establishes procedures for enforcing 

7 the restrictions on the use of the facility by the 

8 vehicles. 

9 ‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The 

10 State agency may allow vehicles that are not other11 wise exempt under this subsection to use the HOV 

12 facility if— 

13 ‘‘(A) the operators of the vehicles pay a 

14 toll charged by the agency for use of the facil15 ity; and 

16 ‘‘(B) the agency— 

17 ‘‘(i) establishes a program that ad18 dresses how motorists can enroll and par19 ticipate in the toll program; 

20 ‘‘(ii) develops, manages, and main21 tains a system that will automatically col22 lect the toll; and 

23 ‘‘(iii) establishes policies and proce24 dures to— 
8 

•S 129 IS 

1 ‘‘(I) manage the demand to use 

2 the facility by varying the toll amount 

3 that is charged; 

4 ‘‘(II) enforce violations of use of 

5 the facility; and 

6 ‘‘(III) permit low-income individ7 uals to pay reduced tolls. 

8 ‘‘(4) LOW-EMISSION AND ENERGY-EFFICIENT

9 VEHICLES.— 

10 ‘‘(A) INHERENTLY LOW-EMISSION VEHI11 CLES.—Before September 30, 2009, the State 

12 agency may allow vehicles that are certified and 

13 labeled as inherently low-emission vehicles 

14 under section 88.311–93 of title 40, Code of 

15 Federal Regulations, to use the HOV facility if 

16 the agency establishes procedures for enforcing 

17 restrictions on the use of the facility by the ve18 hicles. 

19 ‘‘(B) OTHER LOW-EMISSION AND ENERGY20 EFFICIENT VEHICLES.—Before September 30, 

21 2009, the State agency may allow vehicles that 

22 are certified as and labeled low-emission and 

23 energy-efficient vehicles under subsection (f) to 

24 use the HOV facility if the agency— 
9 

•S 129 IS 

1 ‘‘(i) establishes a program that ad2 dresses how the vehicles are selected and 

3 certified; 

4 ‘‘(ii) establishes requirements for la5 beling the vehicles and procedures for en6 forcing those requirements; 

7 ‘‘(iii) continuously monitors, evalu8 ates, and reports to the Secretary on the 

9 performance of the vehicles; and 

10 ‘‘(iv) imposes on the use of the HOV 

11 facility by vehicles that do not satisfy es12 tablished occupancy requirements any re13 strictions that are necessary to ensure that 

14 neither the performance of an individual 

15 HOV facility nor the HOV facility system 

16 are seriously degraded. 

17 ‘‘(5) ADVANCED LEAN BURN TECHNOLOGY VE18 HICLES.—Before September 30, 2009, the State 

19 agency may allow vehicles that are certified and la20 beled as advanced lean burn technology vehicles 

21 under subsection (f) to use the HOV facility if the 

22 agency— 

23 ‘‘(A) establishes a program that addresses 

24 how the vehicles are selected and certified; 
10 

•S 129 IS 

1 ‘‘(B) establishes requirements for labeling 

2 the vehicles and procedures for enforcing those 

3 requirements; 

4 ‘‘(C) continuously monitors, evaluates, and 

5 reports to the Secretary on the performance of 

6 the vehicles; and 

7 ‘‘(D) imposes on the use of HOV facilities 

8 by vehicles that do not satisfy established occu9 pancy requirements any restrictions that are 

10 necessary to ensure that neither the perform11 ance of individual HOV facilities nor the HOV 

12 facility system are seriously degraded. 

13 ‘‘(d) REQUIREMENTS APPLICABLE TO TOLLS.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding section 

15 301, tolls may be charged under paragraphs (3) and 

16 (4) of subsection (c), subject to the requirements of 

17 section 129. 

18 ‘‘(2) HOV FACILITIES ON THE INTERSTATE

19 SYSTEM.—Notwithstanding section 129, tolls may be 

20 charged under paragraphs (3) and (4) of subsection 

21 (c) on a HOV facility on the Interstate System. 

22 ‘‘(3) EXCESS TOLL REVENUES.—If a State 

23 agency makes a certification under the last sentence 

24 of section 129(a)(3) concerning toll revenues col25 lected under paragraphs (3) and (4) of subsection 
11 

•S 129 IS 

1 (c), the State shall give priority consideration to 

2 projects that develop alternatives to single occupancy 

3 vehicle travel or improve highway safety in the use 

4 of toll revenues under that sentence. 

5 ‘‘(e) HOV FACILITY MANAGEMENT, OPERATION, 

6 MONITORING, AND ENFORCEMENT.— 

7 ‘‘(1) IN GENERAL.—A State agency that allows 

8 low-emission and energy-efficient vehicles to use a 

9 HOV facility under subsection (c)(4) in a fiscal year 

10 shall certify to the Secretary that the agency will 

11 carry out the following responsibilities with respect 

12 to the facility in the fiscal year: 

13 ‘‘(A) Establish, manage, and support a 

14 performance-monitoring, evaluation, and report15 ing program for the facility that provides for 

16 continuous monitoring, assessment, and report17 ing on the effects that low-emission and energy18 efficient vehicles may have on the operation of 

19 the facility and adjacent highways. 

20 ‘‘(B) Establish, manage, and support an 

21 enforcement program that ensures that the fa22 cility is operated in accordance with this sec23 tion. 

24 ‘‘(C) Limit or discontinue the use of the 

25 facility by low-emission and energy-efficient ve-
12 

•S 129 IS 

1 hicles if the presence of the vehicles has de2 graded the operation of the facility. 

3 ‘‘(2) MINIMUM AVERAGE OPERATING SPEED; 

4 DEGRADED FACILITY.— 

5 ‘‘(A) MINIMUM AVERAGE OPERATING

6 SPEED DEFINED.—In this paragraph, the term 

7 ‘minimum average operating speed’ means— 

8 ‘‘(i) 45 miles per hour, in the case of 

9 a HOV facility with a speed limit of 50 

10 miles per hour or greater; and 

11 ‘‘(ii) not more than 10 miles per hour 

12 below the speed limit, in the case of a 

13 HOV facility with a speed limit of less 

14 than 50 miles per hour. 

15 ‘‘(B) STANDARD FOR DETERMINING DEG16 RADATION.—For purposes of paragraph (1), 

17 the operation of a HOV facility shall be consid18 ered to be degraded if vehicles operating on the 

19 facility fail to maintain a minimum average op20 erating speed 90 percent of the time over a con21 secutive 180-day period during morning or 

22 evening weekday peak hour periods. 

23 ‘‘(f) CERTIFICATION AND LABELING OF LOW-EMIS24 SION AND ENERGY-EFFICIENT VEHICLES AND ADVANCED

25 LEAN BURN TECHNOLOGY VEHICLES.—Not later than 
13 

•S 129 IS 

1 180 days after the date of enactment of this section, the 

2 Administrator of the Environmental Protection Agency 

3 shall promulgate a final rule establishing requirements 

4 for— 

5 ‘‘(1) certification of vehicles— 

6 ‘‘(A) as low-emission and energy-efficient 

7 vehicles; and 

8 ‘‘(B) as advance lean burn technology vehi9 cles; and 

10 ‘‘(2) labeling of the vehicles certified under 

11 paragraph (1).’’. 

12 (b) TECHNICAL AMENDMENT.—Section 102(c) of 

13 title 23, United States Code, is amended by striking from 

14 ‘‘10 years’’ through ‘‘after’’ and inserting ‘‘10 years (or 

15 any longer period that the State requests and the Sec16 retary determines to be reasonable) after’’. 

17 (c) CONFORMING AMENDMENTS.— 

18 (1) PROGRAM EFFICIENCIES.—Section 102 of 

19 title 23, United States Code, is amended by striking 

20 subsection (a) and redesignating subsections (b) and 

21 (c) as subsections (a) and (b), respectively. 

22 (2) CHAPTER ANALYSIS.—The analysis for sub23 chapter I of chapter 1 of title 23, United States 

24 Code, is amended by adding at the end the fol25 lowing: 
14 

•S 129 IS 

‘‘165. HOV facilities.’’. 

Æ