H. R. 3—50
‘‘(A) establishes a program that addresses how motor-
ists 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 to—
‘‘(i) manage the demand to use the facility by 
varying the toll amount that is charged; and 
‘‘(ii) enforce violations of use of the facility. 
‘‘(5) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—
‘‘(A) INHERENTLY LOW EMISSION VEHICLE.—Before Sep-
tember 30, 2009, the State agency may allow vehicles that 
are certified as inherently low-emission vehicles pursuant 
to section 88.311–93 of title 40, Code of Federal Regulations 
(or successor regulations), and are labeled in accordance 
with section 88.312–93 of such title (or successor regula-
tions), to use the HOV facility if the agency establishes 
procedures for enforcing the restrictions on the use of the 
facility by the vehicles. 
‘‘(B) OTHER
LOW
EMISSION
AND
ENERGY-EFFICIENT 
VEHICLES.—Before September 30, 2009, the State agency 
may allow vehicles certified as low emission and energy-
efficient vehicles under subsection (e), and labeled in 
accordance with subsection (e), 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—
‘‘(i) establishes a program that addresses the selec-
tion of vehicles under this paragraph; and 
‘‘(ii) establishes procedures for enforcing the 
restrictions on the use of the facility by the vehicles. 
‘‘(C) AMOUNT OF TOLLS.—Under subparagraph (B), a 
State agency may charge no toll or may charge a toll 
that is less than tolls charged under paragraph (3). 
‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.—
‘‘(1) IN GENERAL.—Tolls may be charged under paragraphs 
(4) and (5) of subsection (b) notwithstanding section 301 and, 
except as provided in paragraphs (2) and (3), subject to the 
requirements of section 129. 
‘‘(2) HOV FACILITIES ON THE INTERSTATE SYSTEM.—Notwith-
standing section 129, tolls may be charged under paragraphs 
(4) and (5) of subsection (b) on a HOV facility on the Interstate 
System. 
‘‘(3) EXCESS
TOLL
REVENUES.—If a State agency makes 
a certification under section 129(a)(3) with respect to toll reve-
nues collected under paragraphs (4) and (5) of subsection (b), 
the State, in the use of toll revenues under that sentence, 
shall give priority consideration to projects for developing alter-
natives to single occupancy vehicle travel and projects for 
improving highway safety. 
‘‘(d) 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 
(b) in a fiscal year shall certify to the Secretary that the 
agency will carry out the following responsibilities with respect 
to the facility in the fiscal year: 
‘‘(A) Establishing, managing, and supporting a perform-
ance monitoring, evaluation, and reporting program for
H. R. 3—51
the facility that provides for continuous monitoring, assess-
ment, and reporting on the impacts that the vehicles may 
have on the operation of the facility and adjacent highways. 
‘‘(B) Establishing, managing, and supporting an 
enforcement program that ensures that the facility is being 
operated in accordance with the requirements of this sec-
tion. 
‘‘(C) Limiting or discontinuing the use of the facility 
by the vehicles if the presence of the vehicles has degraded 
the operation of the facility. 
‘‘(2) DEGRADED FACILITY.—
‘‘(A) DEFINITION
OF
MINIMUM
AVERAGE
OPERATING 
SPEED.—In this paragraph, the term ‘minimum average 
operating speed’ means—
‘‘(i) 45 miles per hour, in the case of a HOV facility 
with a speed limit of 50 miles per hour or greater; 
and 
‘‘(ii) not more than 10 miles per hour below the 
speed limit, in the case of a HOV facility with a speed 
limit of less than 50 miles per hour. 
‘‘(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 facility are failing to maintain 
a minimum average operating speed 90 percent of the 
time over a consecutive 180-day period during morning 
or evening weekday peak hour periods (or both). 
‘‘(C) MANAGEMENT OF LOW EMISSION AND ENERGY-EFFI-
CIENT VEHICLES.—In managing the use of HOV lanes by 
low emission and energy-efficient vehicles that do not meet 
applicable occupancy requirements, a State agency may 
increase the percentages described in subsection (f)(3)(B)(i). 
‘‘(e) CERTIFICATION OF LOW EMISSION AND ENERGY-EFFICIENT 
VEHICLES.—Not later than 180 days after the date of enactment 
of this section, the Administrator of the Environmental Protection 
Agency shall—
‘‘(1) issue a final rule establishing requirements for certifi-
cation of vehicles as low emission and energy-efficient vehicles 
for purposes of this section and requirements for the labeling 
of the vehicles; and 
‘‘(2) establish guidelines and procedures for making the 
vehicle comparisons and performance calculations described in 
subsection (f)(3)(B), in accordance with section 32908(b) of title 
49. 
‘‘(f) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ALTERNATIVE
FUEL
VEHICLE.—The term ‘alternative 
fuel vehicle’ means a vehicle that is operating on—
‘‘(A) methanol, denatured ethanol, or other alcohols; 
‘‘(B) a mixture containing at least 85 percent of meth-
anol, denatured ethanol, and other alcohols by volume with 
gasoline or other fuels; 
‘‘(C) natural gas; 
‘‘(D) liquefied petroleum gas; 
‘‘(E) hydrogen; 
‘‘(F) coal derived liquid fuels;
H. R. 3—52
‘‘(G) fuels (except alcohol) derived from biological mate-
rials; 
‘‘(H) electricity (including electricity from solar energy); 
or 
‘‘(I) 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 regula-
tions). 
‘‘(2) HOV FACILITY.—The term ‘HOV facility’ means a high 
occupancy vehicle facility. 
‘‘(3) LOW EMISSION AND ENERGY-EFFICIENT VEHICLE.—The 
term ‘low emission and energy-efficient vehicle’ means a vehicle 
that—
‘‘(A) has been certified by the Administrator as meeting 
the Tier II emission level established in regulations pre-
scribed by the Administrator under section 202(i) of the 
Clean Air Act (42 U.S.C. 7521(i)) for that make and model 
year vehicle; and 
‘‘(B)(i) is certified by the Administrator of the Environ-
mental Protection Agency, in consultation with the manu-
facturer, to have achieved not less than a 50-percent 
increase in city fuel economy or not less than a 25-percent 
increase in combined city-highway fuel economy (or such 
greater percentage of city or city-highway fuel economy 
as may be determined by a State under subsection (d)(2)(C)) 
relative to a comparable vehicle that is an internal combus-
tion gasoline fueled vehicle (other than a vehicle that has 
propulsion energy from onboard hybrid sources); or 
‘‘(ii) is an alternative fuel vehicle. 
‘‘(4) 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, sec-
ondary, 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. 
‘‘(5) 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 oper-
ation of the facility. 
‘‘(B) INCLUSION.—The term ‘State agency’ includes a 
State transportation department.’’. 
(b) CONFORMING AMENDMENTS.—
(1) PROGRAM EFFICIENCIES.—Section 102 of title 23, United 
States Code, is amended—
(A) by striking subsection (a); and 
(B) by redesignating subsections (b) and (c) as sub-
sections (a) and (b), respectively.
H. R. 3—53
(2) CHAPTER ANALYSIS.—The analysis for such subchapter 
(as amended by section 1120 of this Act) is amended by adding 
at the end the following:
‘‘166. HOV facilities.’’.
(c) 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 and 
Interstate highways) for the purchase and use of hybrid and other 
fuel efficient vehicles, which have been proven to minimize air 
emissions and decrease consumption of fossil fuels. 
SEC. 1122. DEFINITIONS. 
(a) 
TRANSPORTATION
ENHANCEMENT
ACTIVITY.—Section 
101(a)(35) of title 23, United States Code, is amended to read 
as follows: 
‘‘(35) TRANSPORTATION ENHANCEMENT ACTIVITY.—The term 
‘transportation enhancement activity’ means, with respect to 
any project or the area to be served by the project, any of 
the following activities as the activities relate to surface 
transportation: 
‘‘(A) Provision of facilities for pedestrians and bicycles. 
‘‘(B) Provision of safety and educational activities for 
pedestrians and bicyclists. 
‘‘(C) Acquisition of scenic easements and scenic or his-
toric sites (including historic battlefields). 
‘‘(D) Scenic or historic highway programs (including 
the provision of tourist and welcome center facilities). 
‘‘(E) Landscaping and other scenic beautification. 
‘‘(F) Historic preservation. 
‘‘(G) Rehabilitation and operation of historic transpor-
tation buildings, structures, or facilities (including historic 
railroad facilities and canals). 
‘‘(H) Preservation of abandoned railway corridors 
(including the conversion and use of the corridors for pedes-
trian or bicycle trails). 
‘‘(I) Inventory, control, and removal of outdoor adver-
tising. 
‘‘(J) Archaeological planning and research. 
‘‘(K) Environmental mitigation—
‘‘(i) to address water pollution due to highway run-
off; or 
‘‘(ii) reduce vehicle-caused wildlife mortality while 
maintaining habitat connectivity. 
‘‘(L) Establishment of transportation museums.’’. 
(b) ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.—Such 
section 101(a) is amended by adding at the end the following: 
‘‘(38) ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.—
The term ‘advanced truck stop electrification system’ means 
a system that delivers heat, air conditioning, electricity, or 
communications to a heavy duty vehicle.’’.
Subtitle B—Congestion Relief 
SEC. 1201. REAL-TIME SYSTEM MANAGEMENT INFORMATION PRO-
GRAM. 
(a) ESTABLISHMENT.—