To amend title 23, United States Code, relating to the use of high occupancy vehicle lanes by hybrid vehicles.

February 1, 2005

Mr. ISSA (for himself, Mr. SHERMAN, Mr. COX, Mr. PLATTS, Mr. DREIER, Mrs. JO ANN DAVIS of Virginia, Mr. MCDERMOTT, Ms. HARMAN, Mr. BERMAN, Ms. WATSON, Mr. GEORGE MILLER of California, Mr. CALVERT, Mr. BAIRD, and Mr. SCHIFF) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 23, United States Code, relating to the use of high occupancy vehicle lanes by hybrid vehicles.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Hybrid Vehicle HOV Access Act'.

SEC. 2. HYBRID VEHICLE EXCEPTION.

Section 102(a) of title 23, United States Code, is amended by adding at the end the following:

`(3) EXCEPTION FOR LOW-EMISSION HYBRID VEHICLES- Notwithstanding paragraph (1), a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if--

`(A) such vehicle is a hybrid vehicle; and

`(B) the State establishes, after the date of enactment of this paragraph, requirements for identifying vehicles that are hybrid vehicles and labeling such vehicles as hybrid vehicles.

`(4) HYBRID VEHICLE DEFINED- For purposes of this subsection, the term `hybrid vehicle' means a motor vehicle (as such term is defined in section 164(a))--

`(A) which draws propulsion energy from onboard sources of stored energy which are both--

`(i) an internal combustion or heat engine using combustible fuel; and

`(ii) a rechargeable energy storage system;

`(B) which, in the case of a passenger automobile or light truck--

`(i) for 2002 and later model vehicles, has received a certificate of conformity under the Clean Air Act (42 U.S.C. 7401 et seq.) and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act (42 U.S.C. 7583(c)(2)) for that make and model year; and

`(ii) for 2004 and later model vehicles, has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level 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)) 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;

`(C)(i) which has been certified by the Administrator of the Environmental Protection Agency to have a 45-mile-per-gallon or greater fuel economy highway rating; or

`(ii) which meets any additional requirements, restrictions, or conditions that the State establishes before, on, or after the date of enactment of this paragraph; and

`(D) which is made by a manufacturer.'.

SEC. 3. TERMINATION.

Effective December 31, 2010, paragraphs (3) and (4) of section 102(a) of title 23, United States, are repealed.

END