Yup. Still needs to pass vote. Then the legislation won't take effect until next year. I'm in the market for the 4xe and in no hurry so I can probably wait it out, assuming the bill passes.
Pretty sure the system is set up for passive charging when breaking. Even if you never plug it in to charge, it is ALWAYS a hybrid and will attempt to store charge. I don't believe there's a setting that allows it to never charge the battery, apart from an unofficial one that might be called...
Saw a guy who's owned it a month post in a video on Youtube that he's averaging about 33mpg using the conventional method of tracking how many miles he was covering between fill ups. I would link but I've watched too many videos at this point and no longer remember which.