Page:United States Statutes at Large Volume 119.djvu/1211

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1193

‘‘(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 to— ‘‘(i) manage the demand to use the facility by varying the toll amount that is charged; and ‘‘(ii) enforce violations of use of the facility. ‘‘(5) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.— ‘‘(A) INHERENTLY LOW EMISSION VEHICLE.—Before September 30, 2009, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311–93 of title 40, Code of Federal Regulations (or successor regulations), and are labeled in accordance with section 88.312–93 of such title (or successor regulations), to use the HOV facility if the agency establishes procedures for enforcing the restrictions on the use of the facility by the vehicles. ‘‘(B) OTHER LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—Before September 30, 2009, the State agency may allow vehicles certified as low emission and energyefficient vehicles under subsection (e), and labeled in accordance with subsection (e), 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— ‘‘(i) establishes a program that addresses the selection of vehicles under this paragraph; and ‘‘(ii) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles. ‘‘(C) AMOUNT OF TOLLS.—Under subparagraph (B), a State agency may charge no toll or may charge a toll that is less than tolls charged under paragraph (3). ‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.— ‘‘(1) IN GENERAL.—Tolls may be charged under paragraphs (4) and (5) of subsection (b) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129. ‘‘(2) HOV FACILITIES ON THE INTERSTATE SYSTEM.—Notwithstanding section 129, tolls may be charged under paragraphs (4) and (5) of subsection (b) on a HOV facility on the Interstate System. ‘‘(3) EXCESS TOLL REVENUES.—If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under paragraphs (4) and (5) of subsection (b), the State, in the use of toll revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ‘‘(d) 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 (b) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal year: ‘‘(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for

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