Sec. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND REHABILITATION
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## SEC. 1411 TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND REHABILITATION ###
(a)Tolling Section 129(a) of title 23, United States Code, is amended— ####
(1)in paragraph (3)(A), in the matter preceding clause (i)— #####
(A)by striking “shall use” and inserting “shall ensure that”; and #####
(B)by inserting “are used” before “only for”; ####
(2)by striking paragraph
(4)and redesignating paragraphs
(5)through
(9)as paragraphs
(4)through (8), respectively; and ####
(3)in subparagraph
(B)of paragraph
(4)(as so redesignated) by striking “Federal-aid system” and inserting “Federal-aid highways”; ####
(4)by inserting after paragraph
(8)(as so redesignated)— > > #### “(9) Equal access for over-the-road buses > > An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.” > ; and ####
(5)in paragraph (10)— #####
(A)by redesignating subparagraphs
(C)and
(D)as subparagraphs
(D)and (E), respectively; and #####
(B)by inserting after subparagraph
(B)the following: > > ##### “(C) Over-the-road bus > > The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).” > . ###
(b)HOV Facilities Section 166 of title 23, United States Code, is amended— ####
(1)by striking “the agency” each place it appears and inserting “the authority”; ####
(2)in subsection (a)(1)— #####
(A)by striking the paragraph heading and inserting “authority of public authorities”; and #####
(B)by striking “State agency” and inserting “public authority”; ####
(3)in subsection (b)— #####
(A)by striking “State agency” each place it appears and inserting “public authority”; #####
(B)in paragraph (3)— ######
(i)in subparagraph
(A)by striking “and” at the end; ######
(ii)in subparagraph
(B)by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ##### “(C) > > provides equal access under the same rates, terms, and conditions for all public transportation vehicles and over-the-road buses serving the public.” > ; #####
(C)in paragraph (4)(C)— ######
(i)in clause
(i)by striking “and” at the end; ######
(ii)in clause
(ii)by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ###### “(iii) > > ensure that over-the-road buses serving the public are provided access to the facility under the same rates, terms, and conditions as public transportation buses.” > ; and #####
(D)in paragraph (5)— ######
(i)by striking subparagraph
(A)and inserting the following: > > ##### “(A) Special rule > > Before September 30, 2025, if a public authority establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles described in clauses
(i)and (ii), the public authority may allow the use of the HOV facility by— > > > ###### “(i) > > alternative fuel vehicles; and > > > ###### “(ii) > > any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986.” > ; and ######
(ii)in subparagraph
(B)by striking “2017” and inserting “2019”; ####
(4)in subsection (c)— #####
(A)by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > Notwithstanding section 301, tolls may be charged under paragraphs
(4)and
(5)of subsection (b), subject to the requirements of section 129.” > ; and #####
(B)by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2); ####
(5)in subsection (d)— #####
(A)by striking “State agency” each place it appears and inserting “public authority”; #####
(B)in paragraph (1)— ######
(i)by striking subparagraphs
(D)and (E); and ######
(ii)by inserting after subparagraph
(C)the following: > > ##### “(D) Maintenance of operating performance > > > ###### “(i) Submission of plan > > Not later than 180 days after the date on which a facility is degraded under paragraph (2), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility into compliance with the minimum average operating speed performance standard through changes to the 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. > > > ###### “(ii) Notice of approval or disapproval > > Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the public authority 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 make significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard. > > > ###### “(iii) Annual progress updates > > Until the date on which the Secretary determines that the public authority has brought the HOV facility into compliance with this subsection, the public authority shall submit annual updates that describe— > > > ###### “(I) > > the actions taken to bring the HOV facility into compliance; and > > > ###### “(II) > > the progress made by those actions. > > > ##### “(E) Compliance > > If the public authority fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the public authority 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. > > > ##### “(F) Waiver > > > ###### “(i) In general > > Upon the request of a public authority, the Secretary may waive the compliance requirements of subparagraph (E), if the Secretary determines that— > > > ###### “(I) > > the waiver is in the best interest of the traveling public; > > > ###### “(II) > > the public authority is meeting the conditions under subparagraph (D); and > > > ###### “(III) > > the public authority has made a good faith effort to improve the performance of the facility. > > > ###### “(ii) Condition > > The Secretary may require, as a condition of providing a waiver under this subparagraph, that a public authority take additional actions, as determined by the Secretary, to maximize the operating speed performance of the facility, even if such performance is below the level set under paragraph (2).” > ; ####
(6)in subsection (f)— #####
(A)in paragraph (1), in the matter preceding subparagraph (A), by inserting “solely” before “operating”; #####
(B)in paragraph (4)(B)(iii) by striking “State agency” and inserting “public authority”; #####
(C)by striking paragraph (5); #####
(D)by redesignating paragraph
(4)as paragraph (6); and #####
(E)by inserting after paragraph
(3)the following: > > #### “(4) Over-the-road bus > > The term ‘over-the-road bus’ has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181). > > > #### “(5) Public authority > > The term ‘public authority’ as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility.” > ; and ####
(7)by adding at the end the following: > > ### “(g) Consultation of MPO > > If a HOV facility charging tolls under paragraph
(4)or
(5)of subsection
(b)is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.” > . ###
(c)Interstate System Reconstruction and Rehabilitation Pilot Program **[**[23 U.S.C. 129 note](/us/usc/t23/s129)**]** Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended— ####
(1)in paragraph (4)— #####
(A)in subparagraph
(D)by striking “and” at the end; #####
(B)in subparagraph
(E)by striking the period and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(F) > > the State has the authority required for the project to proceed.” > ; ####
(2)by redesignating paragraphs
(6)through
(8)as paragraphs
(8)through (10), respectively; and ####
(3)by inserting after paragraph
(5)the following: > > #### “(6) Requirements for project completion > > > ##### “(A) General term for expiration of provisional application > > An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not— > > > ###### “(i) > > submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph
(3)and the selection criteria under paragraph (4); > > > ###### “(ii) > > completed the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project; and > > > ###### “(iii) > > executed a toll agreement with the Secretary. > > > ##### “(B) Exceptions to expiration > > Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by— > > > ###### “(i) > > substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); > > > ###### “(ii) > > funding and financing commitments for the pilot project; > > > ###### “(iii) > > expressions of support for the pilot project from State and local governments, community interests, and the public; and > > > ###### “(iv) > > submission of a facility management plan pursuant to paragraph (3)(D). > > > ##### “(C) Conditions for previously provisionally approved applications > > A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act shall have 1 year after that date of enactment to meet the requirements of subparagraph
(A)or receive an extension from the Secretary under subparagraph (B), or the application will expire. > > > #### “(7) Definition > > In this subsection, the term ‘provisional approval’ or ‘provisionally approved’ means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program.” > . ###
(d)Approval of Applications **[**[23 U.S.C. 129 note](/us/usc/t23/s129)**]** The Secretary may approve an application submitted under section 1604(c) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1253) if the application, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.
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- Pub. L. 105-178
- Pub. L. 109-59
- 119 Stat. 1253
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Sec. 1411
TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND REHABILITATION
Pub. L.Pub. L. 105-178
Pub. L.Pub. L. 109-59
Stat.119 Stat. 1253
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