Not sure if this is the correct place to post this, but anyway here it is. I've been wondering what's happening regarding hybrids in Colorado HOV lanes, since the law was passed years ago and the Fed ruling came through back in May. I sent a note to the DOT spokesperson today, and got the following very detailed reply a few minutes later:

"We just found out that the EPA has not issued a final rule yet and
doesn't plan to until sometime in 2008. Rather than wait, we are
proceeding with a plan. Currently, we're looking at whether we are
going to be required to do rulemaking on this issue and whether or not
we are statutorily authorized to do so. If not, we will likely be able
to proceed in three months. If rulemaking is required it will be closer
to 4-5 months. If we need legislative authority, we'll have to wait
until this next session.

We're working on a perfomance monitoring plan as required by the Federal
Highway Administration and we'll need approvol both from that agency as
well as the Federal Transit Administration.

While certain decisions have not yet been finalized, we're likely going
to proceed with a phased approach to allow only a certain number of
hybrids into the lanes so we can monitor traffic flow. We've completed
an analysis of excess capacity in all of our HOV lanes but have not yet
determined how many hybrid permits will be issued. Priority will be
given first to those on our interest list. Those hybrids that pursue
HOV permits will be issued an EXpressToll Transponder so we can ensure
good data collection regarding lane usage for this monitoring plan.

Hope this helps. As soon as I get word on the rulemaking issue, I'm
planning to send out a communication much like this to our list.
We just found out that the EPA has not issued a final rule yet and
doesn't plan to until sometime in 2008. Rather than wait, we are
proceeding with a plan. Currently, we're looking at whether we are
going to be required to do rulemaking on this issue and whether or not
we are statutorily authorized to do so. If not, we will likely be able
to proceed in three months. If rulemaking is required it will be closer
to 4-5 months. If we need legislative authority, we'll have to wait
until this next session.

We're working on a perfomance monitoring plan as required by the Federal
Highway Administration and we'll need approvol both from that agency as
well as the Federal Transit Administration.

While certain decisions have not yet been finalized, we're likely going
to proceed with a phased approach to allow only a certain number of
hybrids into the lanes so we can monitor traffic flow. We've completed
an analysis of excess capacity in all of our HOV lanes but have not yet
determined how many hybrid permits will be issued. Priority will be
given first to those on our interest list. Those hybrids that pursue
HOV permits will be issued an EXpressToll Transponder so we can ensure
good data collection regarding lane usage for this monitoring plan.

Hope this helps. As soon as I get word on the rulemaking issue, I'm
planning to send out a communication much like this to our list."