Sec. 11018. HOV facilities
687 words·~3 min read·
/bill/114/hr/22/eas/section-11018A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 166 of title 23, United States Code, is amended— in subsection (b)— by striking paragraph
(4)and inserting the following: The State agency may allow vehicles not otherwise exempt under 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— establishes a program that addresses how motorists can enroll and participate in the toll program; in the case of a high occupancy vehicle facility that affects a metropolitan area, submits to the Secretary a written statement that the metropolitan planning organization designated under section 134 for the area has been consulted concerning the placement and amount of tolls on the converted facility; develops, manages, and maintains a system that will automatically collect the toll; and establishes policies and procedures— to manage the demand to use the facility by varying the toll amount that is charged; to enforce violations of the use of the facility; and to ensure that private motorcoaches that serve the public are provided access to the facility under the same rates, terms, and conditions, as public transportation buses in the State. In levying a toll on a facility under subparagraph (A), a State agency may— designate classes of vehicles that are exempt from the toll; and charge different toll rates for different classes of vehicles. ; in paragraph (5), by striking subparagraph
(A)and inserting the following: If a State agency establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses
(i)and (ii), the State agency may allow the use of the HOV facility by— alternative fuel vehicles; and any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986. ; in subsection (c)— in paragraph (1)— by striking Tolls and inserting Notwithstanding section 301, tolls ; and by striking notwithstanding section 301 and, except as provided in paragraphs
(2)and
(3); by striking paragraph (2); and by redesignating paragraph
(3)as paragraph (2); in subsection (d)(1), by striking subparagraphs
(D)and
(E)and inserting the following: Not later than 180 days after the date on which a facility is degraded under paragraph (2), the State agency with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the State agency will take to bring the facility into compliance with the minimum average operating speed performance standard through changes to operation of the facility, including— increasing the occupancy requirement for HOV lanes; varying the toll charged to vehicles allowed under subsection
(b)to reduce demand; discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or increasing the available capacity of the HOV facility. Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the State agency a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will bring the HOV facility into compliance. Until the date on which the Secretary determines that the State agency has brought the HOV facility into compliance with this subsection, the State agency shall submit biannual updates that describe— the actions taken to bring the HOV facility into compliance; and the progress made by those actions. 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, if— the State agency fails to submit an approved action plan under subparagraph
(D)to bring a degraded facility into compliance; or after the State submits and the Secretary approves an action plan under subparagraph (D), the Secretary determines that, on a date that is not earlier than 1 year after the approval of the action plan, the State agency is not making significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard. ; and in subsection (f)(1), in the matter preceding subparagraph (A), by inserting solely before operating .