Hybrid car law hits political traffic jam

SACRAMENTO -- Saving the environment and reducing dependence on foreign oil motivated Charlie Porzio to buy a pair of less-polluting, fuel-sipping hybrid cars. He greeted a decision by California lawmakers to allow the vehicles to zip through carpool lanes even when driven solo as a welcome bonus for environmentally-aware consumers.

But a political impasse in Washington, D.C., has stalled the California law from taking effect, prompting grumblings from a growing legion of hybrid car owners who are eager to break free of gridlock.

"There was all this hype that they were going to let us into the carpool lanes. I was psyched for it," said Porzio, a Boston transplant who now lives and works in the San Francisco Peninsula, along a congested stretch of Highway 101, between Silicon Valley and San Francisco.

The new law, signed by Governor Arnold Schwarzenegger last fall, was to have gone into effect New Year's Day, but the state lacked the necessary waiver from the federal government, which funds the nation's network of diamond, or high occupancy vehicle, lanes.

"I think it's fair to say everyone is disappointed," said Sev MacPete, a telecommunications attorney and president of the Prius Club of San Diego, a group of hybrid car aficionados partial to Toyota's version of the high-tech automobile.

Legislation granting the waiver was tucked into a major transportation bill last year that, despite separate approval by the House and Senate, ultimately fell apart because of key differences among members of a conference committee, though none of those differences centered on California's request for a waiver. A stand-alone bill was later introduced, but Congress adjourned before the legislation could be fully debated.

On Wednesday, Senator Dianne Feinstein, Democrat of California, said she would sponsor a bill that would allow California and other states to let solo drivers of hybrid vehicles use diamond lanes, usually reserved for carpoolers, during peak commute hours.

"Hybrid vehicles are the wave of the future, and we should be doing everything we can to encourage their use," Feinstein said.

Virginia is the only state to allow owners of hybrid and other "clean fuel" vehicles access to HOV lanes, regardless of the number of occupants, during peak traffic. Although the Federal Highway Administration has said the state is in violation of federal rules, officials have thus far not taken any punitive action, such as cutting federal transportation funds.

"Maybe Virginia's budget situation is better than ours, and they can risk it," said Assemblywoman Fran Pavley, a Southern California Democrat who authored the pending state law. "Remember, California is a blue state."

California's law would grant access only to hybrid vehicles that have a fuel efficiency of at least 45 miles per gallon. Moreover, California plans to cap special carpool permits to 75,000 hybrids.

Virginia officials say the increased popularity of hybrid vehicles has meant more of them on the road and in carpool lanes, prompting concern that they, too, could soon be stacked bumper to bumper. A report by a Virginia task force released this week urged the state to consider limiting the number of hybrid vehicles that can use the diamond lanes.

While California has the nation's largest fleet of hybrid vehicles, they comprise a minuscule fraction of the state's 30 million vehicles. Still, the cars are gaining popularity. By 2007, the state expects to triple the number of hybrids to more than 110,000, according to the California Air Resources Board.

"A lot of Californians are lining up to buy these hybrids," said Pavley, who wants to see even more hybrids on the road.

Indeed, the impetus for the California law was meant to increase demand for hybrid vehicles, which use both a gas-powered engine and a battery-powered electric motor. Hybrid cars are usually thousands of dollars more expensive than comparable vehicles equipped only with traditional gas engines.

Despite the extra expense, there has been consistent demand for hybrids, said David Nelson, a sales manager at a Berkeley Toyota dealership that is among the nation's top hybrid sellers.

While some dealers have used possible access to carpool lanes as a selling point, Nelson said, "my perception is that that's not going to be the main reason they want a hybrid -- although it's definitely a fringe benefit."

Most buyers are ecologically and politically minded, people who want to protect the environment or reduce reliance on Middle East oil, he said.

"That's a big deal," said MacPete, the San Diego Prius owner. "I think people still buy cars for all the wrong reasons. I think they should buy a car that is dependable, efficient, and minimizes the use of scarce resources and does the best job of protecting the environment."

The hybrid technology has produced improved fuel efficiency -- with some newer models exceeding 60 miles per gallon of gasoline.