| Home > 106th Congressional Bills > H.R. 5418 (ih) To designate the facility of the United States Postal Service located at 431 North George Street in Millersville, Pennsylvania, as the ``Robert S. Walker Post Office''. [Introduced in House] ...
H.R. 5418 (ih) To designate the facility of the United States Postal Service located at 431 North George Street in Millersville, Pennsylvania, as the ``Robert S. Walker Post Office''. [Introduced in House] ...
108th CONGRESS 2d Session H. R. 5417 To amend title 23, United States Code, relating to high occupancy vehicle lanes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES November 19, 2004 Mr. Sherman introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, relating to high occupancy vehicle lanes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HOV FACILITIES. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. HOV facilities ``(a) In General.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(b) Exceptions.--Notwithstanding the occupancy requirements of subsection (a)(2), the following exceptions shall apply with respect to a State agency operating a HOV facility: ``(1) Motorcycles and bicycles.-- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification 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 exempt pursuant to this subsection to use the HOV facility 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 facility 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 vehicle.--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 facility by such 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 agency-- ``(i) establishes a program that addresses how those qualifying low emission and energy- efficient vehicles are selected and certified; ``(ii) establishes requirements for labeling qualifying low emission and energy- efficient vehicles (including procedures for enforcing those requirements); ``(iii) continuously monitors, evaluates, and reports to the Secretary on performance; and ``(iv) imposes such restrictions on the use on high occupancy vehicle lanes by vehicles that do not satisfy established occupancy requirements as are necessary to ensure that the performance 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 collected under subsections (b)(3) and (b)(4), the State, in the use of tolls revenues under that sentence, 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)(3) or (b)(4) 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 performance monitoring, evaluation, and reporting program for the facility that provides 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 supporting 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 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 6-month period during morning or evening weekday peak hour periods (or both). ``(B) Minimum average operating speed defined.--In subparagraph (A), 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. ``(e) Certification of Low Emission and Energy-Efficient Vehicles.--Not later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of such vehicles. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a vehicle that operates on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent 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 biological materials; ``(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. ``(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 of the Environmental Protection Agency as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) or as meeting a California Air Resources Board emission standard that is at least as stringent for that make and model year vehicle and meets any additional Environmental Protection Agency or California Air Resources Board emissions category or other requirements identified by the Agency or the Board, as the case may be; and ``(B)(i) has been certified by the Administrator to have a 45-mile-per-gallon or greater fuel economy highway rating; or ``(ii) is an alternative fuel vehicle. ``(4) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that provides public transportation (as defined in section 5302(a) of title 49). ``(5) State agency.--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 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 subchapter I of chapter 1 of such title is amended by adding at the end the following: ``167. HOV facilities.''. (c) Technical Amendment.--Section 102(c) of title 23, United States Code, 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''. <all>
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