Bay Area Lawmaker Tries to Save Carpool Lane Access for Clean Air Vehicles

An East Bay lawmaker has launched a last-minute attempt to extend a program that allows solo drivers of electric cars and other state-approved clean air vehicles to use carpool lanes.

The federal “special rule” that has given zero- and low-emission vehicles special access to carpool lanes for the past 25 years expires Sept. 30 after Congress failed to renew it.

Rep. Mark DeSaulnier, D-Concord, introduced a bill that would amend the federal law that sets carpool lane requirements and extend the exemption through September 2031.

In an interview on Wednesday, DeSaulnier said continuing the exemption is necessary both to reduce traffic congestion and to maintain market momentum for environmentally friendly vehicles.

“It gets traffic moving and incentivizes people to get these cars that are better for the environment, better for public health and are more efficient,” he said.

Supporters of the carpool exemption blame Republican opposition to clean air incentives, including a popular tax credit for electric vehicle purchases, for the failure to extend the program.

DeSaulnier said he feels the political environment has played a role in blocking action on the carpool lanes, though he’s still aiming for bipartisan support. One reason he’d expect Republicans to support keeping the carpool exemption in place is that it’s a matter of letting states set their own policy.

“That’s the argument for the bill with the majority party right now,” he said. “You always say ‘states’ rights’ and ‘Let the states and local communities decide.’ Why wouldn’t you let us? Or is it just hypocrisy when it comes to a state like California or the Bay Area? So therein lies one of the challenges in this environment.”

DeSaulnier said he hopes to find support among representatives from the 12 other states that grant special carpool lane access for single-occupant vehicles: Arizona, Colorado, Florida, Georgia, Hawaii, Maryland, New Jersey, New York, North Carolina, Tennessee, Utah and Virginia.

“We’re working with Republicans, particularly in other states, to see if we can get this done,” DeSaulnier said. “It’s the right thing to do. Let the states decide. Every region is a little bit different, but let them decide based on their own economic and environmental analysis.”

DeSaulnier didn’t minimize the challenge of getting the exemption extended, especially with Congress facing an end-of-the-month deadline to take action to keep the government funded. The key will be to get language from his bill or from similar legislation introduced by Rep. Nick LaLota, R-New York, inserted into Congress’ next funding bill.

“There is a strategy here to get this done, but it is a very heavy lift given the time frame and the environment back here,” DeSaulnier said. “And it’s ridiculous that it’s a heavy lift, but this is the world we live in.”