S. 3001Senate108th Congress (2003-2005)In Committee

A bill entitled the "Hybrid HOV Access Act".

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

November 18, 2004

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SenateIntro Referral

Introduced in Senate

November 18, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11498-11499)

November 18, 2004

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

November 18, 2004

Floor Debate

4 members

What members said about S. 3001 on the floor

1 Republican3 Democrats

Sen. Debbie StabenowD-MI · Nov 18, 2004

Mr. President, I rise to introduce the Stabenow-Craig Rural and Part-time Firefighter Training Fairness Act. This bill would ensure that our part-time and rural firefighters are not being treated as second class citizens. I want to thank Senator Craig for his hard work on this very important issue, and Senators Levin, Crapo, Rockefeller, and Jeffords for their support of this bill.

Mr. President, many part-time and volunteer firefighters in rural and small communities across the country are not attending Office of Domestic Preparedness-approved terrorism response training courses because Federal guidelines do not allow them to be reimbursed for the time they are away from their full-time jobs. Our bill would simply direct the ODP to allow part-time and volunteer first responders, to receive a reasonable stipend when they participate in ODP-approved terrorism response courses.

The Federal Government should not penalize rural and small communities and their firefighters from receiving training necessary to respond to a terrorist attack. In several counties in northern lower Michigan, State Homeland Security Grant funds sit unused because their fire departments are composed entirely of volunteer or part-time firefighters. Last year, the State of Michigan set aside $9 million in Homeland Security grants to prepare firefighters, including ODP training courses, to respond to terrorist incidents. However, this grant money is being underutilized since 72 percent of the firefighters in Michigan are volunteer or part-time and are not attending terrorism response training sessions.

All firefighters need the capability to respond to all types of emergencies. When Americans call 9-1-1, the fire department doesn't send only their full-time firefighters, they send everyone regardless of their status. Most part-time firefighters in rural areas hold full- time jobs in addition to serving and protecting their communities. It is unreasonable to expect them to take leave from their regular jobs, and forgo their pay from their full-time jobs, to attend terrorism response training courses that include incident command, civil action management, and radiological response.

Mr. President, many of our small, rural communities face the same homeland security challenges as larger cities with more resources. For example, Michigan has a long international border with Canada, and many of these small and rural border communities rely on part-time and volunteer firefighters. These responders must be capable of protecting these borders against the same terrorist threats that urban areas face. When there is an accident in the future and, God forbid, if there is a terrorist attack, we're not going to send only full-time firefighters to save people's lives.

This bill was included as a bipartisan amendment to the Senate version of the fiscal year 2005 Department of Homeland Security Appropriations bill, but was removed by the House Republican leadership in conference. This issue is too important for Congress to ignore, and I am going to keep fighting until our volunteer and part-time firefighters are treated fairly and receive the terrorism response training they need.

Mr. President, I'm pleased to note that the change in Federal guidelines this bill requires will not cost the Government any funding. It will not affect the distribution of State Homeland Security grants. It will just enable communities that have been awarded these grants to use them to pay their firefighters a reasonable stipend when they leave their full-time jobs and attend these terrorism response course. This is a matter of fairness to ensure that those that we rely on to respond to emergencies have the training they need.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. James M. InhofeR-OK · Nov 18, 2004

Mr. President, I want to introduce two bills today. One of them is about a program nobody seems to know about. That is the space launch program. I don't know whether it is in the State of Texas or…

Mr. President, I want to introduce two bills today. One of them is about a program nobody seems to know about. That is the space launch program. I don't know whether it is in the State of Texas or where they are doing this. But in Oklahoma, in Burns Flat, we have been very active in trying to get the Commercial Space Launch Program going. This is an opportunity for people to go into suborbital launch vehicles using a hybrid technology of a combination rocket injection engine. We are doing this. There have been several of them so far.

I have been a commercial pilot now for almost 50 years--47 years, I guess. I have a natural interest in this. I have had occasion to fly an airplane around the world. I have watched it from all levels.

I see the excitement in people's faces saying, I can fly in space.

We have this program which nobody knows about. It is a program that will allow people to get into things such as a Learjet that has a rocket on that will actually launch them, take them up and give them the experience of travel in space.

There have been some problems with this, however. There are some problems with people being able to do this with the company putting these programs together incurring responsibilities and liabilities.

It is very similar to the program we have been concerned with in the oil industry to try to expand it and keep people from being able to have frivolous lawsuits. That is what we are up against here.

We have introduced a bill that is designed to allow participation in this emerging space launching activity for a greater number of people.

The FAA will now have sole regulation authority for the suborbital hybrid vehicles. It will be appropriately considered. We are not taking any risk here. This is just to allow the private sector to enjoy this type of thing.

I will be introducing today S. 2998 with the idea of making this a reality and giving this privilege to a lot of people and allowing us to develop technology.

It is interesting. A lot of people go to an event every year in Oshkosh, WI. I have gone for 27 consecutive years. We go up there to see all of the new technology, what people are putting together in their experimental aircraft, airplanes they are making in their garages and basements. A lot of technology we are now using in the space program was actually started right there in someone's garage. That is essentially what we want to get at with the Commercial Space Launch Act we introduce today.

Sen. John D. Rockefeller IVD-WV · Nov 18, 2004

Mr. President, today I am introducing legislation to make very clear that Congress fully protected the health insurance benefits of miners and their families when we passed the Coal Act in 1992.…

Mr. President, today I am introducing legislation to make very clear that Congress fully protected the health insurance benefits

of miners and their families when we passed the Coal Act in 1992. Unfortunately, we have recently seen bankruptcy courts disregard the Coal Act and absolve companies of their obligations to provide health benefits for workers and retirees. This is unacceptable. And the bill I am introducing today reiterates that the bankruptcy code does not supercede the Coal Act.

This year another company has abandon promises it made to workers and retirees in West Virginia. Horizon Natural Resources sought and received a court ruling that releases it from its contracts with union miners and allows it to avoid honoring health care benefit obligations for over 2,300 retired miners. This is a morally bankrupt corporate strategy, and is inconsistent with the Coal Act passed by Congress in 1992.

The Coal Act was needed in 1992 to prevent some companies from walking away from their clear contractual obligations and agreements with their workers. One of the provisions of that bill was written especially with the intent of not allowing companies to simply reorganize as a way to get out of their obligations to their workers. Unfortunately, too many companies are increasingly using bankruptcy courts to achieve the same results.

It should not be necessary for me to introduce this bill today. Congress has already spoken on this subject. The law is clear: Coal Act retirees are entitled to full benefits provided under the statute. No judge should rewrite the law to take those benefits away. However, because judges are legislating from the bench, it will be helpful for Congress to reiterate our intention to protect the health benefits of coal miners and their families.

I recognize that the 108th Congress is coming to a close. But I am introducing this legislation today because this issue is extremely important to all of those who are being victimized by the bankruptcy courts. I hope that early next year my colleagues will join me in this effort to protect the miners, retired miners, and families who are simply seeking the benefits they were promised in exchange for years of hard work.

Sen. Harry ReidD-NV · Nov 18, 2004

Mr. President, I rise today for myself and Senator Ensign to introduce the Southern Nevada Limited Transition Area Act, which enhances the ability of a rapidly growing community to diversify its…

Mr. President, I rise today for myself and Senator Ensign to introduce the Southern Nevada Limited Transition Area Act, which enhances the ability of a rapidly growing community to diversify its economy, gainfully employ its residents, and achieve fiscal sustainability.

The bill I am introducing today would convey 547 acres of land from the Bureau of Land Management to the city of Henderson, NV, for development as an employment and business center.

BLM has designated this parcel for disposal because of its urban surroundings and its isolation from other public land, which renders it difficult for the agency to manage.

The parcel is located in a rapidly growing area of the city, but is impacted by aircraft noise and overflights from the nearby Henderson Executive Airport that make it unsuitable for residential use.

But rather than cringing from these impediments, the city of Henderson sees opportunity. The city's land-use planning department envisions a business center that provides diverse employment opportunities for the region, while helping to pay for public infrastructure in nearby residential areas.

This bill establishes the conditions to make that vision come true.

The bill would convey the land to the city by patent. The city would then subdivide and sell lots at fair market value. As in previous conveyances of Federal land designated in the Southern Nevada Public Lands Management Act for disposal, 85 percent of the proceeds from sales would return to the BLM's Special Account for acquiring environmentally sensitive land. Five percent of the proceeds would fund the State of Nevada's general education program. And the city of Henderson could use the remaining 10 percent to cover expenses associated with subdividing the property and providing infrastructure.

Henderson, NV, is a new and rapidly growing city. Its leaders are dedicated to making the city a national model of logical development, diversified employment, and fiscal sustainability. This bill establishes the conditions needed to realize that vision.

I ask unanimous consent that the text of the bill be printed in the Record.

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Introduced in SenateIssued November 18, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 3001

Entitled ``The Hybrid HOV Access Act''.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 18, 2004

Mr. Talent introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works

_______________________________________________________________________

A BILL

Entitled ``The Hybrid HOV Access Act''.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. HOV FACILITIES.

(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. HOV facilities
``(a) Definitions.--In this section:
``(1) Dedicated alternative fuel vehicle.--The term
`dedicated alternative fuel vehicle' means a vehicle that
operates solely on--
``(A) methanol, denatured ethanol, or other
alcohols;
``(B) a mixture containing at least 85 percent of
methanol, denatured ethanol, or other alcohols by
volume with gasoline or other fuels;
``(C) natural gas;
``(D) liquefied petroleum gas;
``(E) hydrogen;
``(F) coal derived liquid fuels;
``(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.
``(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 of
the Environmental Protection Agency 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) has propulsion energy drawn from onboard
hybrid sources of stored energy that are--
``(I) an internal combustion or heat engine
using consumable fuel;
``(II) a rechargeable energy storage
system; and
``(III) certified by the manufacturer to
have achieved either a 10 percent or more
increase in city fuel economy relative to a
comparable vehicle that is an internal
combustion gasoline fueled vehicle (other than
a vehicle that has propulsion energy from such
onboard hybrid sources), or a 10 percent or
more vehicle increase in lifetime fuel savings
relative to a comparable vehicle, determined in
accordance with guidelines prescribed by the
Administrator of the Environmental Protection
Agency not later than 180 days after the date
of enactment of this section, specifying
procedures and methods for calculating either
increase and making the comparison, except that
the State agency referred to in this section
may, subject to the guidelines, increase in
combination the percentage under this subclause
in furtherance of its responsibilities with
respect to a HOV facility specified in
subsection (e); or
``(ii) is a dedicated alternative fuel vehicle.
``(4) Public transportation vehicle.--The term `public
transportation vehicle' means a vehicle that provides public
transportation (as defined in section 5302(a) of title 49).
``(5) State agency.--The term `State agency', as used with
respect to a HOV facility, means an agency of a State or local
government (including a State transportation department) having
jurisdiction over the operation of the facility.
``(6) Advanced lean burn technology vehicle.--The term
`advanced lean burn technology vehicle' means a vehicle with an
internal combustion engine that--
``(A) is designed to operate primarily using more
air than is necessary for complete combustion of fuel;
``(B) incorporates direct injection;
``(C) achieves at least 125 percent of city fuel
economy of a comparable vehicle; and
``(D) has received a certificate that the vehicle
meets or exceeds--
``(i) in the case of a vehicle having a
gross vehicle weight rating of 6,000 pounds or
less, the Bin 5 II emission standard
established by regulations under section 202(i)
of the Clean Air Act (42 U.S.C. 7521(i)); and
``(ii) in the case of a vehicle having a
gross vehicle weight rating of more than 6,000
pounds but not more than 8,500 pounds, the Bin
8 Tier II emission standard established by
regulations under section 202(i) of the Clean
Air Act (42 U.S.C. 7521(i)).
``(b) In General.--
``(1) Authority of state agencies.--A State agency that has
jurisdiction over the operation of a HOV facility shall
establish the occupancy requirements of vehicles operating on
the facility.
``(2) Occupancy requirement.--Except as otherwise provided
by this section, not fewer than 2 occupants per vehicle may be
required for use of a HOV facility.
``(c) Exceptions to Occupancy Requirement.--Notwithstanding the
occupancy requirements of subsection (b)(2), the following exceptions
shall apply with respect to a State agency operating a HOV facility:
``(1) Motorcycles and bicycles.--
``(A) In general.--Subject to subparagraph (B), the
State agency shall allow motorcycles and bicycles to
use the HOV facility.
``(B) Safety exception.--
``(i) In general.--A State agency may
restrict use of the HOV facility by motorcycles
or bicycles if the agency certifies to the
Secretary that such use would create a safety
hazard and the Secretary accepts the
certification.
``(ii) Notice.--The Secretary may accept a
certification under clause (i) only after the
Secretary publishes notice of the certification
in the Federal Register and provides an
opportunity for public comment.
``(2) Public transportation vehicles.--The State agency may
allow public transportation vehicles to use the HOV facility if
the agency--
``(A) establishes requirements for clearly
identifying the vehicles; and
``(B) establishes procedures for enforcing the
restrictions on the use of the facility by the
vehicles.
``(3) High occupancy toll vehicles.--The State agency may
allow vehicles that are not otherwise exempt under this
subsection to use the HOV facility if--
``(A) the operators of the vehicles pay a toll
charged by the agency for use of the facility; and
``(B) the agency--
``(i) establishes a program that addresses
how motorists can enroll and participate in the
toll program;
``(ii) develops, manages, and maintains a
system that will automatically collect the
toll; and
``(iii) establishes policies and procedures
to--
``(I) manage the demand to use the
facility by varying the toll amount
that is charged;
``(II) enforce violations of use of
the facility; and
``(III) permit low-income
individuals to pay reduced tolls.
``(4) Low-emission and energy-efficient vehicles.--
``(A) Inherently low-emission vehicles.--Before
September 30, 2009, the State agency may allow vehicles
that are certified and labeled as inherently low-
emission vehicles under section 88.311-93 of title 40,
Code of Federal Regulations, to use the HOV facility if
the agency establishes procedures for enforcing
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 that are certified as and labeled
low-emission and energy-efficient vehicles under
subsection (f) to use the HOV facility if the agency--
``(i) establishes a program that addresses
how the vehicles are selected and certified;
``(ii) establishes requirements for
labeling the vehicles and procedures for
enforcing those requirements;
``(iii) continuously monitors, evaluates,
and reports to the Secretary on the performance
of the vehicles; and
``(iv) imposes on the use of the HOV
facility by vehicles that do not satisfy
established occupancy requirements any
restrictions that are necessary to ensure that
neither the performance of an individual HOV
facility nor the HOV facility system are
seriously degraded.
``(5) Advanced lean burn technology vehicles.--Before
September 30, 2009, the State agency may allow vehicles that
are certified and labeled as advanced lean burn technology
vehicles under subsection (f) to use the HOV facility if the
agency--
``(A) establishes a program that addresses how the
vehicles are selected and certified;
``(B) establishes requirements for labeling the
vehicles and procedures for enforcing those
requirements;
``(C) continuously monitors, evaluates, and reports
to the Secretary on the performance of the vehicles;
and
``(D) imposes on the use of HOV facilities by
vehicles that do not satisfy established occupancy
requirements any restrictions that are necessary to
ensure that neither the performance of individual HOV
facilities nor the HOV facility system are seriously
degraded.
``(d) Requirements Applicable to Tolls.--
``(1) In general.--Notwithstanding section 301, tolls may
be charged under paragraphs (3) and (4) of subsection (c),
subject to the requirements of section 129.
``(2) HOV facilities on the interstate system.--
Notwithstanding section 129, tolls may be charged under
paragraphs (3) and (4) of subsection (c) on a HOV facility on
the Interstate System.
``(3) Excess toll revenues.--If a State agency makes a
certification under the last sentence of section 129(a)(3)
concerning toll revenues collected under paragraphs (3) and (4)
of subsection (c), the State shall give priority consideration
to projects that develop alternatives to single occupancy
vehicle travel or improve highway safety in the use of toll
revenues under that sentence.
``(e) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
``(1) In general.--A State agency that allows low-emission
and energy-efficient vehicles to use a HOV facility under
subsection (c)(4) 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) Establish, manage, and support a performance-
monitoring, evaluation, and reporting program for the
facility that provides for continuous monitoring,
assessment, and reporting on the effects that low-
emission and energy-efficient vehicles may have on the
operation of the facility and adjacent highways.
``(B) Establish, manage, and support an enforcement
program that ensures that the facility is operated in
accordance with this section.
``(C) Limit or discontinue the use of the facility
by low-emission and energy-efficient vehicles if the
presence of the vehicles has degraded the operation of
the facility.
``(2) Minimum average operating speed; degraded facility.--
``(A) Minimum average operating speed defined.--In
this paragraph, the term `minimum average operating
speed' means--
``(i) 45 miles per hour, in the case of a
HOV facility with a speed limit of 50 miles per
hour or greater; and
``(ii) not more than 10 miles per hour
below the speed limit, in the case of a HOV
facility with a speed limit of less than 50
miles per hour.
``(B) Standard for determining degradation.--For
purposes of paragraph (1), the operation of a HOV
facility shall be considered to be degraded if vehicles
operating on the facility fail to maintain a minimum
average operating speed 90 percent of the time over a
consecutive 180-day period during morning or evening
weekday peak hour periods.
``(f) Certification and Labeling of Low-Emission and Energy-
Efficient Vehicles and Advanced Lean Burn Technology Vehicles.--Not
later than 180 days after the date of enactment of this section, the
Administrator of the Environmental Protection Agency shall promulgate a
final rule establishing requirements for--
``(1) certification of vehicles--
``(A) as low-emission and energy-efficient
vehicles; and
``(B) as advance lean burn technology vehicles; and
``(2) labeling of the vehicles certified under paragraph
(1).''.
(b) Technical Amendment.--Section 102(c) of title 23, United States
Code, is amended by striking ``10 years'' and all that follows through
``after'' and inserting ``10 years (or any longer period that the State
requests and the Secretary determines to be reasonable) after''.
(c) Conforming Amendments.--
(1) Program efficiencies.--Section 102 of title 23, United
States Code, is amended by striking subsection (a) and
redesignating subsections (b) and (c) as subsections (a) and
(b), respectively.
(2) Chapter analysis.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by adding
at the end the following:

``165. HOV facilities.''.
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