All freeway legal vehicles rated above some appropriately determined mileage/polution standard should be able to use the HOV lanes irrespective of occupancy. HOV lanes were never about mass transit but were designed to reduce polution. If the polution per person threshold can be met by a vehicle with one person then let them use the HOV lanes.
Consider the reason for the existance of the HOV lanes. They are intended as an incentive to promote reduced polution, a benefit to all in the state whether driving or not. It is a case of the government trying to do something to improve the environment for everyone. It is not the Government requiring you to conform just be slightly rewarded for behavior that is in the interests of the common good. Since the reason for HOV existance is reducton of polution (reduced fuel consumption is a nice byproduct) it is altogether fitting, proper, and consistent that appropriately screened vehicles should use the HOV lanes irrespective of vehicle occupancy level.
If this should encourage folks to select a car based on its access to HOV lanes then that demonstrates that the plan has additional benefits, that of giving a viable incentive to drive a less poluting vehicle.
This is a fitting and proper tactic to be employed by the Government and is far less intrusive than mandating what vehicle you must buy like this were some centrally controlled communist dictatorship.
Now BIF... you said, "My conscience tells me that it is an unfair application of the law (allowing certain people while disallowing others), and also that the "math" (too many cars on the roads) wouldn't support such a bill on an ongoing basis anyhow."
Please ellaborate on your perception of the unfairness of this. Too many cars? Are you suggesting that it is a bad idea because it will cause there to be too many "qualifying" cars taking advantage of the HOV access? Now wouldn't that be a wonderful "failure?" Oh, I'd love to see that. Too many SULEV's to fit on the HOV lanes? It would be like people being too polite, leaving public areas too clean, etc
Recall the bad old days of 55mph in the name of saving fuel? It could have just as well have been 55mph to reduce emissions. Anyway, if the HOV lanes fill to gridlock with SULEVs then another way to give an incentive to SULEVs would be to grant them an across the board "extra 5mph", i.e. give SULEVs an additiional 5mph above the posted speed limit wherever safe and reasonable such as in the interstate where everyone is going over the limit anyway. This would reduce tickets and speed enforcement worries for SULEV drivers. The greatest effect would be envy on the part of non-SULEV drivers which would serve as the basis for motivation to drive a SULEV.
HOV access and the extra 5mph could be recinded whenever they had served their purpose and needed to be retired.

Pat
