Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and rehabilitation
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/bill/114/hr/22/eah/section-1401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 129(a) of title 23, United States Code, is amended— in paragraph (1)— in subparagraph
(B)by striking , bridge, or tunnel each place it appears; in subparagraph
(C)by striking , bridge, or tunnel each place it appears; by striking subparagraph (G); by redesignating subparagraphs
(H)and
(I)as subparagraphs
(G)and (H); and in subparagraph
(G)as redesignated— by inserting
(HOV)after high occupancy vehicle ; and by inserting under section 166 of this title after facility ; in paragraph (3)(A)— by striking shall use and inserting shall ensure that ; and by inserting are used after toll facility the second place it appears; and by striking paragraph
(4)and redesignating paragraphs
(5)through
(10)as paragraphs
(4)through (9), respectively. Section 166 of title 23, United States Code, is amended— in subsection (a)(1)— by striking the paragraph heading and inserting ; and Authority of public authorities by striking State agency and inserting public authority ; in subsection (b)— by striking State agency each place it appears and inserting public authority ; in paragraph (3)— by striking and at the end of subparagraph (A); by striking the period at the end of subparagraph
(B)and inserting ; and ; and by inserting at the end the following: provides equal access for all public transportation vehicles and over-the-road buses. ; and in paragraph (5)— in subparagraph
(A)by striking 2017 and inserting 2021 ; and in subparagraph
(B)by striking 2017 and inserting 2021 ; in subsection (c)— by amending paragraph
(1)to read as follows: Notwithstanding section 301, tolls may be charged under paragraphs
(4)and
(5)of subsection (b), subject to the requirements of section 129. ; by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2); and by inserting after paragraph (2), as redesignated, the following: In levying tolls on a facility under this section, a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles, if equal rates are charged for all public transportation vehicles and over-the-road buses, whether publicly or privately owned. ; in subsection (d)— by striking State agency each place it appears and inserting public authority ; in paragraph (1)— by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; by inserting after subparagraph
(C)the following: If the facility is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, consulting with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility. ; in subparagraph (F), as redesignated— by striking State the first place it appears and inserting public authority ; and by striking subparagraph
(D)and inserting subparagraph
(E); and by adding at the end the following: Upon the request of a public authority, the Secretary may waive the requirements of subparagraph
(E)for a facility, and the corresponding program sanctions under subparagraph (F), if the Secretary determines that— the waiver is in the best interest of the traveling public; and the public authority has made a good faith effort to improve the performance of the facility. The Secretary may require, as a condition of issuance of a waiver under this subparagraph, that a public authority take additional actions, determined by the Secretary, to improve the performance of the facility. ; and in subsection (f)— in paragraph (4)(B)(iii) by striking State agency and inserting public authority ; and by striking paragraph
(5)and inserting after paragraph
(4)the following: The term over-the-road bus means a vehicle as defined in section 301(5) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181(5) ). The term public authority as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility. . Section 1216(b) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ) is amended— in paragraph (4)— in subparagraph
(D)by striking and at the end; in subparagraph
(E)by striking the period and inserting ; and ; and by adding at the end the following: the State has approved enabling legislation required for the project to proceed. ; by redesignating paragraphs
(6)through
(8)as paragraphs
(8)through (10), respectively; and by inserting after paragraph
(5)the following: An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not— submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph
(3)and the selection criteria under paragraph (4); completed the environmental review and permitting process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the pilot project; and executed a toll agreement with the Secretary. Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by— substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969; funding and financing commitments for the pilot project; expressions of support for the pilot project from State and local governments, community interests, and the public; and submission of a facility management plan pursuant to paragraph (3)(D). A State with a provisionally approved application for a pilot project as of the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015 shall have 1 year after such date of enactment to meet the requirements of subparagraph
(A)or receive an extension from the Secretary under subparagraph (B), or the application will expire. In this subsection, the term provisional approval or provisionally approved means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program. . The Secretary may approve an application submitted under section 1604(c) of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1253) if the application, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.
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- Pub. L. 105-178
- Pub. L. 109-59
- 119 Stat. 1253
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Sec. 1401
Tolling; HOV facilities; Interstate reconstruction and rehabilitation
Pub. L.Pub. L. 105-178
Pub. L.Pub. L. 109-59
Stat.119 Stat. 1253
Cites 5Cited by 0 across 0 sources