article: SECTION 1. HOV FACILITIES. (a) In General.--Section 166 of title 23, United States Code, is amended to read as follows: ``Sec. 166. HOV facilities ``(a) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a dedicated vehicle that is operating solely 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) fuels (except alcohol) derived from biological materials; ``(G) electricity (including electricity from solar energy); or ``(H) 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 regulations). ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) 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, secondary, 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. ``(4) 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 operation of the facility. ``(B) Inclusion.--The term `State agency' includes a State transportation department. ``(b) State Requirements.-- ``(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. ``(c) Exceptions.-- ``(1) In general.--Notwithstanding the occupancy requirement of subsection (b)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility. ``(2) 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.-- ``(i) In general.--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. ``(ii) Acceptance of 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. ``(3) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency establishes-- ``(A) requirements for clearly identifying the vehicles; and ``(B) procedures for enforcing the restrictions on the use of the facility by the vehicles. ``(4) 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 the 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-- ``(i) to manage the demand to use the facility by varying the toll amount that is charged; and ``(ii) to enforce violations of use of the facility. ``(5) Alternative fuel vehicles and new qualified plug-in electric drive motor vehicles.-- ``(A) Use of hov facilities.--For a period beginning not later than 1 year after the date of enactment of this section and ending on September 30, 2017, the State agency-- ``(i) may allow alternative fuel vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986), to use HOV facilities in the State; and ``(ii) shall establish procedures for use in enforcing the restrictions on that use of HOV facilities by those vehicles. ``(B) Existing programs and procedures.--The State agency shall-- ``(i) not later than 1 year after the date of enactment of this section, develop and publish in the Federal Register a plan for use in-- ``(I) revising the HOV facility programs and procedures of the State agency to ensure that those programs and procedures are in compliance with this section; and ``(II) notifying the public of any upcoming changes in vehicle eligibility for HOV facility usage; and ``(ii) not later than 3 years after the date of enactment of this section, update HOV facility programs and procedures in accordance with the plan described in clause (i). ``(d) Requirements Applicable to Tolls.-- ``(1) In general.--Notwithstanding sections 129 and 301, and except as provided in paragraph (2), tolls may be charged under subsection (c)(4). ``(2) Excess toll revenues.--If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under subsection (c)(4), the State, in the use of toll revenues under subsection (c)(4), shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ``(e) 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 (c) shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify that the agency will carry out the following responsibilities with respect to the facility: ``(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the HOV facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts. ``(B) Establishing, managing, and supporting an enforcement program that ensures that the HOV facility is being operated in accordance with this section. ``(C) Limiting or discontinuing the use of the HOV facility by the vehicles, whenever the operation of the facility is degraded, that requires such a limitation or discontinuation of use to apply first to vehicles using the HOV facility under subsection (c)(4) before applying to vehicles using the HOV facility under subsection (c)(5). ``(2) Maintenance of operating performance.--A facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following: ``(A) Increase the occupancy requirement for HOVs. ``(B) Increase the toll charged for vehicles allowed under subsection (b) to reduce demand. ``(C) Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll. ``(D) Limit or discontinue allowing vehicles under subsection (b). ``(E) Increase the available capacity of the HOV facility. ``(3) Compliance.--If the State fails to bring a facility into compliance under paragraph (2), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. ``(4) Degraded facility.-- ``(A) Definition of minimum average operating speed.--In this paragraph, the term `minimum average operating speed' means less than 65 percent of the HOV facility rated speed limit. ``(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 HOV facility are failing to maintain a minimum average operating speed 65 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).''. (b) 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 highways and routes on the Interstate System) for the purchase and use of advanced technology and dedicated alternative fuel vehicles, which have been proven to minimize air emissions and decrease consumption of fossil fuels.
summary: Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency (including a state transportation department) with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives (including the use of HOV lanes on state Interstate System highways and routes) for the purchase and use of advanced technology and dedicated alternative fuel vehicles.