cation in the Federal Register and provides an 
opportunity for public comment. 
‘‘(2) PUBLIC
TRANSPORTATION
VEHICLES.— 
The State agency may allow public transportation 
vehicles to use the HOV facility if the agency— 
‘‘(A) establishes requirements for clearly 
identifying the vehicles; and 
‘‘(B) establishes procedures for enforcing 
the restrictions on the use of the facility by 
such vehicles. 
‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The 
State agency may allow vehicles not otherwise ex-
empt pursuant to this subsection to use the HOV fa-
cility if the operators of such vehicles pay a toll 
charged by the agency for use of the facility and the 
agency— 
‘‘(A) establishes a program that addresses 
how motorists 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 fa-
cility by varying the toll amount that is 
charged; 
‘‘(ii) enforce violations of use of the 
facility; and 
‘‘(iii) permit low-income individuals to 
pay reduced tolls. 
‘‘(4) LOW
EMISSION
AND
ENERGY-EFFICIENT 
VEHICLES.— 
‘‘(A) INHERENTLY
LOW-EMISSION
VEHI-
CLE.—Before September 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, and are labeled in accordance with 
section 88.312–93 of such title, to use the HOV 
facility if the agency establishes procedures for 
enforcing the restrictions on the use of the fa-
cility by such vehicles. 
‘‘(B) OTHER LOW EMISSION AND ENERGY- 
EFFICIENT VEHICLES.—Before September 30, 
2009, the State agency may allow vehicles cer-
tified as low emission and energy-efficient vehi-
cles under subsection (e), and labeled in accord-
ance with subsection (e), to use the HOV facil-
ity if the agency— 
‘‘(i) establishes a program that ad-
dresses how those qualifying low emission 
and energy-efficient vehicles are selected 
and certified; 
‘‘(ii) establishes requirements for la-
beling qualifying low emission and energy- 
efficient vehicles (including procedures for 
enforcing those requirements); 
‘‘(iii) continuously monitors, evalu-
ates, and reports to the Secretary on per-
formance; and 
‘‘(iv) imposes such restrictions on the 
use on high occupancy vehicle lanes by ve-
hicles that do not satisfy established occu-
pancy requirements as are necessary to en-
sure that the performance of individual 
high occupancy vehicle lanes, and the en-
tire high occupancy vehicle lane system, 
will not become seriously degraded. 
‘‘(5) ADVANCED LEAN BURN TECHNOLOGY VE-
HICLES.—Before September 30, 2009, the State 
agency may allow vehicles certified as advanced lean 
burn technology vehicles under subsection (e), and
labeled in accordance with subsection (e), to use the 
HOV facility if the agency— 
‘‘(A) establishes a program that address 
how those qualifying advanced lean burn tech-
nology vehicles are selected and certified; 
‘‘(B) establishes requirements for labeling 
qualifying advanced lean burn technology vehi-
cles (including procedures for enforcing those 
requirements); 
‘‘(C) continuously monitors, evaluates, and 
reports to the Secretary on performance; and 
‘‘(D) imposes such restrictions on the use 
on high occupancy vehicle lanes by vehicles that 
do not satisfy established occupancy require-
ments as are necessary to ensure that the per-
formance of individual high occupancy vehicle 
lanes, and the entire high occupancy vehicle 
lane system, will not become seriously degraded. 
‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.— 
‘‘(1) IN
GENERAL.—Tolls may be charged 
under subsections (b)(3) and (b)(4) 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.—Notwithstanding section 129, tolls may be 
charged under subsections (b)(3) and (b)(4) on a 
HOV facility on the Interstate System. 
‘‘(3) EXCESS
TOLL
REVENUES.—If a State 
agency makes a certification under the last sentence 
of section 129(a)(3) with respect to toll revenues col-
lected under subsections (b)(3) and (b)(4), the 
State, in the use of tolls revenues under that sen-
tence, shall give priority consideration to projects for 
developing alternatives 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 subsection 
(b)(4) in a fiscal year shall certify to the Secretary 
that the agency will carry out the following respon-
sibilities with respect to the facility in the fiscal 
year: 
‘‘(A) Establishing, managing, and sup-
porting a performance monitoring, evaluation, 
and reporting program for the facility that pro-
vides for continuous monitoring, assessment, 
and reporting on the impacts that such vehicles
may have on the operation of the facility and 
adjacent highways. 
‘‘(B) Establishing, managing, and sup-
porting an enforcement program that ensures 
that the facility is being operated in accordance 
with the requirements of this section. 
‘‘(C) Limiting or discontinuing the use of 
the facility by such vehicles if the presence of 
such vehicles has degraded the operation of the 
facility. 
‘‘(2) DEGRADED FACILITY.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the operation of a HOV facility shall 
be considered to be degraded if vehicles oper-
ating on the facility are failing to maintain a 
minimum average operating speed 90 percent of 
the time over a consecutive 6-month period dur-
ing morning or evening weekday peak hour pe-
riods (or both). 
‘‘(B) 
MINIMUM
AVERAGE
OPERATING 
SPEED
DEFINED.—In subparagraph (A), the 
term 
‘minimum 
average 
operating 
speed’ 
means—
for determining whether a vehicle meets the fuel efficiency 
standards required to qualify as a hybrid vehicle under 
subsection (g). 
‘‘(g) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ADVANCED LEAN BURN TECHNOLOGY VE-
HICLE.—The term ‘advanced lean burn technology 
vehicle’ means a vehicle with an internal combustion 
engine that is designed to operate primarily using 
more air than is necessary for complete combustion 
of fuel, incorporates direct injection, achieves at 
least 125 percent of city fuel economy of a com-
parable vehicle, and has received a certificate that 
such vehicle meets or exceeds— 
‘‘(A) in the case of a vehicle having a gross 
vehicle weight rating of 6000 pounds or less, 
the Bin 5 Tier II emission standard established 
in regulations prescribed by the Administrator 
of the Environmental Protection Agency under 
section 202(i) of the Clean Air Act (42 U.S.C 
7521(i)); and 
‘‘(B) in the case of a vehicle having a gross 
vehicle weight rating of more than 6,000 
pounds but not more than 8,500 pounds, the
Bin 8 Tier II emission standard established in 
such regulations. 
‘‘(2) DEDICATED
ALTERNATIVE
FUEL
VEHI-
CLE.—The term ‘dedicated alternative fuel vehicle’ 
means a vehicle that operates solely on— 
‘‘(A) methanol, denatured ethanol, or other 
alcohols; 
‘‘(B) a mixture containing at least 85 per-
cent of methanol, 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; 
‘‘(G) fuels (except alcohol) derived from bi-
ological materials; 
‘‘(H) electricity (including electricity from 
solar energy); or 
‘‘(I) any other fuel that the Secretary pre-
scribes by regulation that is not substantially 
petroleum and that would yield substantial en-
ergy security and environmental benefits. 
‘‘(3) HOV FACILITY.—The term ‘HOV facility’ 
means a high occupancy vehicle facility.
‘‘(4) HYBRID VEHICLE.—The term ‘hybrid vehi-
cle’ means a vehicle that— 
‘‘(A) has propulsion energy drawn from 
onboard hybrid sources of stored energy, includ-
ing— 
‘‘(i) an internal combustion or heat 
engine using consumable fuel; and 
‘‘(ii) a rechargeable energy storage 
system; and 
‘‘(B) has been certified by the manufac-
turer, in accordance with guidance prescribed 
by the Administrator under subsection (f), to 
have achieved either— 
‘‘(i) a 10 percent or greater increase 
in city fuel economy relative to a com-
parable vehicle that is an internal combus-
tion gasoline fueled vehicle (other than a 
vehicle that has propulsion energy from 
such onboard hybrid sources); or 
‘‘(ii) a 10 percent or greater increase 
in lifetime fuel savings relative to such 
comparable vehicle. 
‘‘(6) LOW EMISSION AND ENERGY EFFICIENT 
VEHICLE.—The term ‘low emission and energy-effi-
cient vehicle’ means a vehicle that—
‘‘(A) has been certified by the Adminis-
trator of the Environmental Protection Agency 
as meeting the Tier II emission standard estab-
lished in regulations prescribed by the Adminis-
trator under section 202(i) of the Clean Air Act 
(42 U.S.C. 7521(i)) for that make and model 
year vehicle; and 
‘‘(B) is a hybrid vehicle or dedicated alter-
native fuel vehicle. 
‘‘(7) PUBLIC TRANSPORTATION VEHICLE.—The 
term ‘public transportation vehicle’ means a vehicle 
that provides public transportation (as defined in 
section 5302(a) of title 49). 
‘‘(8) STATE AGENCY.—The term ‘State agency’, 
as used with respect to a HOV facility, means an 
agency of a State or local government having juris-
diction over the operation of the facility and includes 
a State transportation department.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) PROGRAM EFFICIENCIES.—Section 102 of 
title 23, United States Code, is amended by striking 
subsection (a) and redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively.
(2) CHAPTER ANALYSIS.—The analysis for sub-
chapter I of chapter 1 of such title is amended by 
adding at the end the following: 
‘‘165. HOV facilities.’’. 
(c) TECHNICAL AMENDMENT.—Section 102(b) of 
title 23, United States Code, (as redesignated by sub-
section (b)(1) of this section) is amended by striking ‘‘10 
years’’ and all that follows through ‘‘after’’ and inserting 
‘‘10 years (or such longer period as the State requests and 
the Secretary determines to be reasonable) after’’. 
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