Editorial Notes
References in Text

Section 30D(d)(1) of the Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A)(ii), is classified to section 30D(d)(1) of Title 26, Internal Revenue Code.

The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2015—Pub. L. 114–94, § 1411(b)(1), substituted “the authority” for “the agency” wherever appearing.

Subsec. (a)(1). Pub. L. 114–94, § 1411(b)(2), substituted “authority of public authorities” for “Authority of state agencies” in heading and “public authority” for “State agency” in text.

Subsec. (b). Pub. L. 114–94, § 1411(b)(3)(A), substituted “public authority” for “State agency” wherever appearing.

Subsec. (b)(3)(C). Pub. L. 114–94, § 1411(b)(3)(B), added subpar. (C).

Subsec. (b)(4)(C)(iii). Pub. L. 114–94, § 1411(b)(3)(C), added cl. (iii).

Subsec. (b)(5)(A). Pub. L. 114–94, § 1411(b)(3)(D)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Before September 30, 2017, 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.”

Subsec. (b)(5)(B). Pub. L. 114–94, § 1411(b)(3)(D)(ii), substituted “2019” for “2017” in introductory provisions.

Subsec. (c)(1). Pub. L. 114–94, § 1411(b)(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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.”

Subsec. (c)(2), (3). Pub. L. 114–94, § 1411(b)(4)(B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Notwithstanding section 129, tolls may be charged under paragraphs (4) and (5) of subsection (b) on a HOV facility on the Interstate System.”

Subsec. (d)(1). Pub. L. 114–94, § 1411(b)(5)(A), substituted “public authority” for “State agency” in introductory provisions.

Subsec. (d)(1)(D) to (F). Pub. L. 114–94, § 1411(b)(5)(B), added subpars. (D) to (F) and struck out former subpars. (D) and (E), which related to maintenance of operating performance and compliance, respectively.

Subsec. (d)(2)(C). Pub. L. 114–94, § 1411(b)(5)(A), substituted “public authority” for “State agency”.

Subsec. (f)(1). Pub. L. 114–94, § 1411(b)(6)(A), inserted “solely” before “operating” in introductory provisions.

Subsec. (f)(4). Pub. L. 114–94, § 1411(b)(6)(E), added par. (4). Former par. (4) redesignated (6).

Subsec. (f)(4)(B)(iii). Pub. L. 114–94, § 1411(b)(6)(B), substituted “public authority” for “State agency”.

Subsec. (f)(5). Pub. L. 114–94, § 1411(b)(6)(C), (E), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows:

“(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.”

Subsec. (f)(6). Pub. L. 114–94, § 1411(b)(6)(D), redesignated par. (4) as (6).

Subsec. (g). Pub. L. 114–94, § 1411(b)(7), added subsec. (g).

2012—Subsec. (b)(5)(A), (B). Pub. L. 112–141, § 1514(1)(A), (B), substituted “2017” for “2009”.

Subsec. (b)(5)(C). Pub. L. 112–141, § 1514(1)(C), substituted “this paragraph” for “subparagraph (B)” and inserted “or equal to” after “less than”.

Subsec. (c)(3). Pub. L. 112–141, § 1514(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “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.”

Subsec. (d)(1). Pub. L. 112–141, § 1514(3)(A), in introductory provisions, substituted “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” for “in a fiscal year shall certify” and struck out “in the fiscal year” before the colon.

Subsec. (d)(1)(A). Pub. L. 112–141, § 1514(3)(B), inserted “and submitting to the Secretary annual reports of those impacts” before period at end.

Subsec. (d)(1)(C). Pub. L. 112–141, § 1514(3)(C), substituted “whenever the operation of the facility is degraded” for “if the presence of the vehicles has degraded the operation of the facility”.

Subsec. (d)(1)(D), (E). Pub. L. 112–141, § 1514(3)(D), added subpars. (D) and (E).

2008—Subsec. (b)(5)(C). Pub. L. 110–244 substituted “paragraph (4)” for “paragraph (3)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.