You asked for a report on any bills proposed this session allowing single occupancy vehicles to use the high occupancy vehicle (“HOV”) lane for a fee or toll.

SUMMARY

There are no bills proposed this session that specifically authorize single occupancy vehicles to use the high occupancy vehicle lanes for a fee or toll. This session, at least four proposed bills associated with use of the HOV lanes have been introduced, but none of them deals directly with this issue. Senate Bill 558 authorizes hybrid and electric vehicles to use HOV lanes. House Bill 6074 authorizes semitrailer trucks to use HOV lanes. House Bill 5507 authorizes hybrid and clean alternative fuel vehicles to use HOV lanes when there is a single occupant. House Bill 5660 authorizes single occupant hybrid and alternative fuel vehicles to use HOV lanes.

Federal law authorizes states to allow vehicles that would otherwise not be allowed to use the HOV lanes to do so if the vehicles pay a toll. This is called a High Occupancy Toll lane (“HOT”). Connecticut does not have any HOT lanes. Connecticut has two HOV lanes, northbound on Route I-91 and eastbound on Route I-84 in the Hartford area.

FEDERAL STATUTE AND “HOT” LANES

In 2005, federal law authorized states to allow vehicles to use the HOV lanes that otherwise would not be able to do so, if the vehicles pay a toll (23 USC § 166). In order for the state to implement such a program, it must meet certain elements. First, the state must establish a program that addresses how motorists can enroll in the toll program. Second, the state must establish policies and procedures for managing the use of the HOT lane through variable toll rates. Third, the state must provide for enforcement of violations. Last, the HOT lane toll collection must be by electronic means only.

Some examples of states operating HOT lanes on interstate highways include California (I-15 in San Diego), Colorado (I-25 in Denver), and Florida (I-95 in Miami). Three states have also implemented non-interstate highway HOT lanes: Orange County, California (SR-91); Houston, Texas (the Northeast Expressway); and Auborn/Renton, Washington (SR-167).

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