text: 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.
target: 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.
feat_title: A bill to improve provisions of title 23, United States Code relating to the use of HOV facilities.