To:

The Honorable Katie Hobbs

Governor of Arizona

We, the undersigned Arizona residents, respectfully urge you to act in defense of Alternative Fuel Vehicle (AFV) and Electric Vehicle (EV) owners by preserving grandfathered access to High-Occupancy Vehicle (HOV) lanes.

Why This Matters

Arizona’s Authority
The expiration of the federal statute (23 U.S.C. §166(b)) does not prohibit Arizona from regulating HOV access. Under A.R.S. §28-2416, the state retains the clear authority to set its own rules. By interpreting federal sunset provisions as a ban, ADOT unnecessarily surrenders state power.
Fairness and Reliance Interests
Thousands of Arizonans purchased AFVs and EVs—often at premium prices—based on the state’s promise of HOV access. Courts recognize that when government action induces reliance, sudden revocation without transition is arbitrary and capricious. In 2011, Arizona itself acknowledged this principle by grandfathering existing AFV plate holders when changing eligibility rules.
Consequences of Revoking Access

Legal risk: Citizens could sue, arguing due process violations and reliance principles.
Economic harm: Vehicle values will fall, creating a takings-like effect.
Environmental setbacks: EV adoption will slow, weakening Arizona’s ozone compliance efforts.
Administrative strain: Enforcement confusion will burden law enforcement and ADOT.

Federal Reauthorization Is Pending
Congress is considering the HOV Lane Exemption Reauthorization Act (H.R. 4948) to extend authority through 2031. Revoking rights now only to reinstate them later would be wasteful and damaging to public trust.

Our Proposal: The Legacy Plate Rule

Vehicles holding AFV or Energy Efficient plates as of September 30, 2025 retain solo-occupant HOV lane access until sold or retired.
New applicants after that date follow updated rules.
If Congress reauthorizes federal authority, Arizona remains fully compliant.

Our Request to Governor Hobbs

We respectfully call on you to direct ADOT to preserve grandfathered HOV access for AFV and EV owners. This solution is fair, legally defensible, cost-neutral, and environmentally responsible. It protects citizen reliance, maintains Arizona’s credibility, and keeps the state aligned with federal developments.