Other Operations Provisions

Other Operations Provisions
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
Use of High Occupancy Vehicle (HOV) Lanes
23USC 102(a)	Section 1610	Section 1208	Section 1606
State DOT to establish occupancy requirements for HOV, but no less than 2 occupants, with exceptions.	State DOT or other responsible local agencies shall establish HOV requirements, but no less than 2 occupants, with exceptions.	Similar to Administration bill, but gives authority to a State agency that has jurisdiction over the operation of a toll facility.	Similar to Administration bill, but "responsible agency" also includes a public authority, or a public or private entity designated by a State to collect tolls at a designated toll facility.
Motorcycles and bicycles not considered single occupant vehicles (SOV)	Motorcycles/bicycles -- allows motorcycles to use HOV, unless State certifies that it would create a safety hazard. May allow bicycles on surface street HOV lanes.	Allow motorcycles and/or bicycles unless State certifies that it is a safety hazard; such certification must be published in Federal Register for comment.	Similar to Administration bill, but does not include surface street HOV bicycle exception.
No comparable provision.	Public transportation vehicles -- may allow exemption for designated public transportation vehicles. Must establish requirements for identification, performance monitoring.	May allow exemption for public transportation vehicles if establish requirements for identification and enforcement.	Similar to Administration bill.
Before 9/30/2003, a State may permit SOVs to use HOV lanes if the vehicle is certified as an Inherently Low-Emission Vehicle pursuant to title 40, CFR, and labeled accordingly.	Low Emission and Energy Efficient Vehicles -- may allow exemption for "low emission and energy efficient" vehicles (certified by EPA to have 45mpg highway rating or be an alternative fuel vehicle, and meet Tier II emission standards). If allow exception, responsible agency must monitor, evaluate, and report on performance. Provides for discontinuation of exception if operation of HOV is seriously degraded.	Similar to current law for Inherently Low-Emission Vehicles, but State must establish enforcement procedures. "Other Low Emission and Energy Efficient Vehicles must pay toll; EPA must issue a final rule concerning certification and labeling of vehicles within 6 months.	Similar to Administration bill, but changes definition of "low emission and energy efficient vehicles" -- must meet Tier II emission standards and (1) achieve 50% increase in city or 25% in city/highway fuel economy relative to a comparable internal combustion gasoline fueled vehicle, or (2) be a dedicated alternative fuel vehicle). EPA must establish guidelines and procedures for vehicle comparisons and performance measurement within 180 days. State may raise thresholds for fuel economy to ensure system does not become seriously degraded.
No comparable provision.	Seriously degraded - for freeways, defined as failing to maintain minimum average operating speed of at least 45mph 90% of the time over consecutive 6 month period during weekday peak travel periods. For other types of roads, responsible agencies to set criteria.	Degraded facility -- fails to maintain minimum average operating speed 90% of the time, during morning or evening peak periods, over 6 months. Facilities with speed limit over 50 mph must maintain 45; facilities with speed limit under 50mph must maintain not more than 10mph below limit.	Seriously degraded -- minimum average operating speed, performance threshold, and associated time period of the HOV lane are unsatisfactory, based on unique conditions of the roadway, as determined by responsible agencies.
	High Occupancy Toll (HOT) vehicles -- may allow otherwise ineligible vehicles, if they pay a toll. Agency must have program for enrollment and participation, develop automatic collection system, monitor & evaluate performance, vary toll to manage demand, ensure that system does not become seriously degraded.	Similar to Administration bill, but addresses enforcement.	Similar to Administration bill, but addresses enforcement.
No comparable provision.	No comparable provision.	Excess toll revenues - give priority to projects for developing alternatives to SOV travel and for improving highway safety.	No comparable provision.
No comparable provision.	No comparable provision.	Sense of Congress that DOT and States should provide additional incentives to encourage purchase and use of hybrids and other fuel efficient vehicles.	No comparable provision.
Transportation Technology Innovation and Demonstration Program -- Intelligent Transportation Infrastructure
TEA-21 provided $1.7M/year for the implementation of a program to address national, local, and commercial traffic data needs through enhancement of traffic monitoring and data management capabilities in major metropolitan areas. [5117(b)(3)] Additional funds were provided in 2001 and 2002 appropriations acts, for a total of $60.2 million, to be used for implementation in 29 eligible metropolitan areas, with a maximum $2M per metropolitan area.	No change to current law.	No change to current law.	Replaces TEA-21 language; provides $4.5 M/year for deployment of operational ITS through measurement of transportation activities; introduces flexibility to integrate rather than build surveillance infrastructure. Retains limit of $2 M per metropolitan area. Revenue generated as a result of ITIP to be reinvested in ITIP; provides for use of uncommitted funds. [2105]

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