Page:United States Statutes at Large Volume 119.djvu/1213

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1195

‘‘(G) fuels (except alcohol) derived from biological materials; ‘‘(H) electricity (including electricity from solar energy); or ‘‘(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations). ‘‘(2) HOV FACILITY.—The term ‘HOV facility’ means a high occupancy vehicle facility. ‘‘(3) LOW EMISSION AND ENERGY-EFFICIENT VEHICLE.—The term ‘low emission and energy-efficient vehicle’ means a vehicle that— ‘‘(A) has been certified by the Administrator as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and ‘‘(B)(i) is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved not less than a 50-percent increase in city fuel economy or not less than a 25-percent increase in combined city-highway fuel economy (or such greater percentage of city or city-highway fuel economy as may be determined by a State under subsection (d)(2)(C)) relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from onboard hybrid sources); or ‘‘(ii) is an alternative fuel vehicle. ‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The term ‘public transportation vehicle’ means a vehicle that— ‘‘(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and ‘‘(B)(i) is owned or operated by a public entity; ‘‘(ii) is operated under a contract with a public entity; or ‘‘(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public. ‘‘(5) STATE AGENCY.— ‘‘(A) IN GENERAL.—The term ‘State agency’, as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility. ‘‘(B) INCLUSION.—The term ‘State agency’ includes a State transportation department.’’. (b) CONFORMING AMENDMENTS.— (1) PROGRAM EFFICIENCIES.—Section 102 of title 23, United States Code, is amended— (A) by striking subsection (a); and (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

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