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''.
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