II 

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. 

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.—Section 166 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 166. HOV facilities 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 


ebenthall on DSK5SPTVN1PROD with BILLS
2 

•S 3191 IS

1 ‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term 

2 ‘alternative fuel vehicle’ means a dedicated vehicle 

3 that is operating solely on— 

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

5 alcohols; 

6 ‘‘(B) a mixture containing at least 85 per7 cent of methanol, denatured ethanol, and other 

8 alcohols by volume with gasoline or other fuels; 

9 ‘‘(C) natural gas; 

10 ‘‘(D) liquefied petroleum gas; 

11 ‘‘(E) hydrogen; 

12 ‘‘(F) fuels (except alcohol) derived from bi13 ological materials; 

14 ‘‘(G) electricity (including electricity from 

15 solar energy); or 

16 ‘‘(H) any other fuel that the Secretary pre17 scribes by regulation that is not substantially 

18 petroleum and that would yield substantial en19 ergy security and environmental benefits, in20 cluding fuels regulated under section 490 of 

21 title 10, Code of Federal Regulations (or suc22 cessor regulations). 

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

24 means a high occupancy vehicle facility. 


ebenthall on DSK5SPTVN1PROD with BILLS
3 

•S 3191 IS

1 ‘‘(3) PUBLIC TRANSPORTATION VEHICLE.—The 

2 term ‘public transportation vehicle’ means a vehicle 

3 that— 

4 ‘‘(A) provides designated public transpor5 tation (as defined in section 221 of the Ameri6 cans with Disabilities Act of 1990 (42 U.S.C. 

7 12141)) or provides public school transpor8 tation (to and from public or private primary, 

9 secondary, or tertiary schools); and 

10 ‘‘(B)(i) is owned or operated by a public 

11 entity; 

12 ‘‘(ii) is operated under a contract with a 

13 public entity; or 

14 ‘‘(iii) is operated pursuant to a license by 

15 the Secretary or a State agency to provide 

16 motorbus or school vehicle transportation serv17 ices to the public. 

18 ‘‘(4) STATE AGENCY.— 

19 ‘‘(A) IN GENERAL.—The term ‘State agen20 cy’, as used with respect to a HOV facility, 

21 means an agency of a State or local government 

22 having jurisdiction over the operation of the fa23 cility. 

24 ‘‘(B) INCLUSION.—The term ‘State agen25 cy’ includes a State transportation department. 


ebenthall on DSK5SPTVN1PROD with BILLS
4 

•S 3191 IS

1 ‘‘(b) STATE REQUIREMENTS.— 

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

3 State agency that has jurisdiction over the operation 

4 of a HOV facility shall establish the occupancy re5 quirements of vehicles operating on the facility. 

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

7 otherwise provided by this section, no fewer than 2 

8 occupants per vehicle may be required for use of a 

9 HOV facility. 

10 ‘‘(c) EXCEPTIONS.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding the occu12 pancy requirement of subsection (b)(2), the excep13 tions in paragraphs (2) through (5) shall apply with 

14 respect to a State agency operating a HOV facility. 

15 ‘‘(2) MOTORCYCLES AND BICYCLES.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the State agency shall allow motor18 cycles and bicycles to use the HOV facility. 

19 ‘‘(B) SAFETY EXCEPTION.— 

20 ‘‘(i) IN GENERAL.—A State agency 

21 may restrict use of the HOV facility by 

22 motorcycles or bicycles (or both) if the 

23 agency certifies to the Secretary that such 

24 use would create a safety hazard and the 

25 Secretary accepts the certification. 


ebenthall on DSK5SPTVN1PROD with BILLS
5 

•S 3191 IS

1 ‘‘(ii) ACCEPTANCE OF CERTIFI2 CATION.—The Secretary may accept a cer3 tification under this subparagraph only 

4 after the Secretary publishes notice of the 

5 certification in the Federal Register and 

6 provides an opportunity for public com7 ment. 

8 ‘‘(3) PUBLIC TRANSPORTATION VEHICLES.— 

9 The State agency may allow public transportation 

10 vehicles to use the HOV facility if the agency estab11 lishes— 

12 ‘‘(A) requirements for clearly identifying 

13 the vehicles; and 

14 ‘‘(B) procedures for enforcing the restric15 tions on the use of the facility by the vehicles. 

16 ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.—The 

17 State agency may allow vehicles not otherwise ex18 empt pursuant to this subsection to use the HOV fa19 cility if the operators of the vehicles pay a toll 

20 charged by the agency for use of the facility and the 

21 agency— 

22 ‘‘(A) establishes a program that addresses 

23 how motorists can enroll and participate in the 

24 toll program; 


ebenthall on DSK5SPTVN1PROD with BILLS
6 

•S 3191 IS

1 ‘‘(B) develops, manages, and maintains a 

2 system that will automatically collect the toll; 

3 and 

4 ‘‘(C) establishes policies and procedures— 

5 ‘‘(i) to manage the demand to use the 

6 facility by varying the toll amount that is 

7 charged; and 

8 ‘‘(ii) to enforce violations of use of the 

9 facility. 

10 ‘‘(5) ALTERNATIVE FUEL VEHICLES AND NEW

11 QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI12 CLES.— 

13 ‘‘(A) USE OF HOV FACILITIES.—For a pe14 riod beginning not later than 1 year after the 

15 date of enactment of this section and ending on 

16 September 30, 2017, the State agency— 

17 ‘‘(i) may allow alternative fuel vehicles 

18 and new qualified plug-in electric drive 

19 motor vehicles (as defined in section 

20 30D(d)(1) of the Internal Revenue Code of 

21 1986), to use HOV facilities in the State; 

22 and 

23 ‘‘(ii) shall establish procedures for use 

24 in enforcing the restrictions on that use of 

25 HOV facilities by those vehicles. 


ebenthall on DSK5SPTVN1PROD with BILLS
7 

•S 3191 IS

1 ‘‘(B) EXISTING PROGRAMS AND PROCE2 DURES.—The State agency shall— 

3 ‘‘(i) not later than 1 year after the 

4 date of enactment of this section, develop 

5 and publish in the Federal Register a plan 

6 for use in— 

7 ‘‘(I) revising the HOV facility 

8 programs and procedures of the State 

9 agency to ensure that those programs 

10 and procedures are in compliance with 

11 this section; and 

12 ‘‘(II) notifying the public of any 

13 upcoming changes in vehicle eligibility 

14 for HOV facility usage; and 

15 ‘‘(ii) not later than 3 years after the 

16 date of enactment of this section, update 

17 HOV facility programs and procedures in 

18 accordance with the plan described in 

19 clause (i). 

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

21 ‘‘(1) IN GENERAL.—Notwithstanding sections 

22 129 and 301, and except as provided in paragraph 

23 (2), tolls may be charged under subsection (c)(4). 

24 ‘‘(2) EXCESS TOLL REVENUES.—If a State 

25 agency makes a certification under section 129(a)(3) 


ebenthall on DSK5SPTVN1PROD with BILLS
8 

•S 3191 IS

1 with respect to toll revenues collected under sub2 section (c)(4), the State, in the use of toll revenues 

3 under subsection (c)(4), shall give priority consider4 ation to projects for developing alternatives to single 

5 occupancy vehicle travel and projects for improving 

6 highway safety. 

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

8 MONITORING, AND ENFORCEMENT.— 

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

10 vehicles to use a HOV facility under paragraph (4) 

11 or (5) of subsection (c) shall submit to the Secretary 

12 a report demonstrating that the facility is not al13 ready degraded, and that the presence of the vehi14 cles will not cause the facility to become degraded, 

15 and certify that the agency will carry out the fol16 lowing responsibilities with respect to the facility: 

17 ‘‘(A) Establishing, managing, and sup18 porting a performance monitoring, evaluation, 

19 and reporting program for the HOV facility 

20 that provides for continuous monitoring, assess21 ment, and reporting on the impacts that the ve22 hicles may have on the operation of the facility 

23 and adjacent highways and submitting to the 

24 Secretary annual reports of those impacts. 


ebenthall on DSK5SPTVN1PROD with BILLS
9 

•S 3191 IS

1 ‘‘(B) Establishing, managing, and sup2 porting an enforcement program that ensures 

3 that the HOV facility is being operated in ac4 cordance with this section. 

5 ‘‘(C) Limiting or discontinuing the use of 

6 the HOV facility by the vehicles, whenever the 

7 operation of the facility is degraded, that re8 quires such a limitation or discontinuation of 

9 use to apply first to vehicles using the HOV fa10 cility under subsection (c)(4) before applying to 

11 vehicles using the HOV facility under sub12 section (c)(5). 

13 ‘‘(2) MAINTENANCE OF OPERATING PERFORM14 ANCE.—A facility that has become degraded shall be 

15 brought back into compliance with the minimum av16 erage operating speed performance standard by not 

17 later than 180 days after the date on which the deg18 radation is identified through changes to operation, 

19 including the following: 

20 ‘‘(A) Increase the occupancy requirement 

21 for HOVs. 

22 ‘‘(B) Increase the toll charged for vehicles 

23 allowed under subsection (b) to reduce demand. 


ebenthall on DSK5SPTVN1PROD with BILLS
10 

•S 3191 IS

1 ‘‘(C) Charge tolls to any class of vehicle al2 lowed under subsection (b) that is not already 

3 subject to a toll. 

4 ‘‘(D) Limit or discontinue allowing vehicles 

5 under subsection (b). 

6 ‘‘(E) Increase the available capacity of the 

7 HOV facility. 

8 ‘‘(3) COMPLIANCE.—If the State fails to bring 

9 a facility into compliance under paragraph (2), the 

10 Secretary shall subject the State to appropriate pro11 gram sanctions under section 1.36 of title 23, Code 

12 of Federal Regulations (or successor regulations), 

13 until the performance is no longer degraded. 

14 ‘‘(4) DEGRADED FACILITY.— 

15 ‘‘(A) DEFINITION OF MINIMUM AVERAGE

16 OPERATING SPEED.—In this paragraph, the 

17 term ‘minimum average operating speed’ means 

18 less than 65 percent of the HOV facility rated 

19 speed limit. 

20 ‘‘(B) STANDARD FOR DETERMINING DE21 GRADED FACILITY.—For purposes of paragraph 

22 (1), the operation of a HOV facility shall be 

23 considered to be degraded if vehicles operating 

24 on the HOV facility are failing to maintain a 

25 minimum average operating speed 65 percent of 


ebenthall on DSK5SPTVN1PROD with BILLS
11 

•S 3191 IS

1 the time over a consecutive 180-day period dur2 ing morning or evening weekday peak hour pe3 riods (or both).’’. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Secretary and the States should provide ad6 ditional incentives (including the use of high occupancy 

7 vehicle lanes on State highways and routes on the Inter8 state System) for the purchase and use of advanced tech9 nology and dedicated alternative fuel vehicles, which have 

10 been proven to minimize air emissions and decrease con11 sumption of fossil fuels. 

Æ 


ebenthall on DSK5SPTVN1PROD with BILLS