Here is the latest information on the state of the legislation to allow hybrids in HOV lanes in New York State without passengers:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)

BILL NUMBER: A4278

SPONSOR: Diaz R (MS)


TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to permitting drivers of qualified hybrid vehicles to travel in
high occupancy vehicle lanes


PURPOSE OR GENERAL IDEA OF BILL:

This bill allows operators of hybrid vehicles to travel in high occupan-
cy vehicle (HOV) lanes regardless of the number of passengers in such
vehicle.


SUMMARY OF PROVISIONS:

Bill §1 adds a new §1229-e to the Vehicle and Traffic Law that permits
the operator of a qualified hybrid vehicle to travel in any HOV lane
whether or not the vehicle meets the minimum occupancy requirements for
such lane. The bill defines "qualified hybrid vehicle" and "high occu-
pancy vehicle lane." The definition of "qualified hybrid vehicle" in
§606 of the Tax Law, as referenced in this bill, means a motor vehicle
that "draws propulsion energy from both...an internal combustion engine
(or heat engine that uses combustible fuel); and...an energy storage
device; and... employs a regenerative vehicle braking system that recov-
ers waste energy to charge such energy storage device." The term "high
occupancy vehicle lane" shall mean a lane reserved for designated types
of vehicles and/or vehicles carrying a specified minimum number of occu-
pants.


EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Hybrid vehicles with fewer than the required minimum number of passen-
gers are currently not authorized in HOV lanes.


JUSTIFICATION:

This legislation is designed to provide incentives to purchase a hybrid
vehicle. Hybrid vehicles are less dependent on gasoline, generally
attaining over 50 miles per gallon, and create less air pollution.
Generally, two or three hybrid vehicles will produce the same or less
pollution than one sport utility vehicle, van or other large conven-
tional vehicle. Everyone will benefit from cleaner air if the use of
hybrid vehicles is more widely encouraged. This legislation would do so
by waiving current restrictions on HOV lanes to permit access to people
who operate a hybrid vehicle.


PRIOR LEGISLATIVE HISTORY:

2004: A11237 - referred to assembly transportation committee
S6502 - 3rd reading (Cal.#1001)


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.


EFFECTIVE DATE: This act shall take effect immediately.