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Code · STATUTE-COMPILATIONS · Moving Ahead for Progress in the 21st Century Act · Sec. 1514

Sec. 1514. HOV FACILITIES

416 words·~2 min read·/statute-compilations/comps-10008/sec-1514

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1514 HOV FACILITIES Section 166 of title 23, United States Code, is amended— ####
(1)in subsection (b)(5)— #####
(A)in subparagraph
(A)by striking “2009” and inserting “2017”; #####
(B)in subparagraph
(B)by striking “2009” and inserting “2017”; and #####
(C)in subparagraph (C)— ######
(i)by striking “subparagraph (B)” and inserting “this paragraph”; and ######
(ii)by inserting “or equal to” after “less than”; ####
(2)in subsection
(c)by striking paragraph
(3)and inserting the following: > > #### “(3) Toll revenue > > Toll revenue collected under this section is subject to the requirements of section 129(a)(3).” > ; and ####
(3)in subsection (d)(1)— #####
(A)in the matter preceding subparagraph (A)— ######
(i)by striking “in a fiscal year shall certify” and inserting “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”; and ######
(ii)by striking “in the fiscal year”; #####
(B)in subparagraph
(A)by inserting “and submitting to the Secretary annual reports of those impacts” after “adjacent highways”; #####
(C)in subparagraph
(C)by striking “if the presence of the vehicles has degraded the operation of the facility” and inserting “whenever the operation of the facility is degraded”; and #####
(D)by adding at the end the following: > > ##### “(D) Maintenance of operating performance > > Not later than 180 days after the date on which a facility is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the facility shall bring the facility into compliance with the minimum average operating speed performance standard through changes to operation of the facility, including— > > > ###### “(i) > > increasing the occupancy requirement for HOV lanes; > > > ###### “(ii) > > varying the toll charged to vehicles allowed under subsection
(b)to reduce demand; > > > ###### “(iii) > > discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or > > > ###### “(iv) > > increasing the available capacity of the HOV facility. > > > ##### “(E) Compliance > > If the State fails to bring a facility into compliance under subparagraph (D), 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.” > .
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