A federal law permitting states to allow single-passenger EVs to use carpool lanes is set to expire September 30 and, for a number of reasons, it is unlikely that the federal government will extend this. The 13 states that utilize this exemption, most notably California, will be required to enforce occupancy requirements for EVs the same as for other vehicles starting October 1. This will increase traffic in non-HOV lanes as single-occupant EVs will be forced to use them just like everyone else.
According to the Department of Energy, states were first permitted to allow the EV exemption in 2005. It was an incentive to put more EVs on the road by allowing single occupants access to carpool lanes they would otherwise not be allowed to use. This exemption has been renewed a few times, most recently in 2015, with an expiration date of September 30, 2025. While states are welcome to make their own laws, they must abide by federal guidelines to qualify for federal highway funding, which is a strong incentive to do as they say. California has already voted to approve extending its Clean Air Vehicle program through at least 2027, but this can only take effect if the federal exemption is extended.
Mixed signals
After years of government policies promoting EVs, the Trump Administration has reversed many of them. The most significant one is the EV tax credit for up to $7,500 on new cars and $4,000 on used cars, which is also set to expire on September 30. It has also proposed a $200 annual tax on EV drivers since they don’t pay a gas tax (which hasn’t been increased since August 10, 1993, but that’s not important right now). This comes at the same time as removing all fuel economy penalties dating back to 2022, making it even easier for manufacturers to sell gas guzzlers. Congress will likely be more focused on preventing a government shutdown on September 30 than extending an EV credit it doesn’t want, especially since it is already set to expire automatically.
One could argue that the exemption’s original intent, to encourage EV adoption, has already been fulfilled. When the law was first considered in California, less than 2% of cars on its roads were EVs. That figure has risen to 25.3% today and up to 40.1% in Marin County. More than 500,000 Californians currently make use of this exemption and Arizona, Colorado, Florida, Georgia, Hawaii, Maryland, New Jersey, New York, North Carolina, Tennessee, Utah, and Virginia provide HOV lane allowances for EVs as well. Unless something drastic happens, this all comes to an end after September 30.
h/t The Mercury News
