Sec. 1110. Tolling
2,112 words·~10 min read·
/bill/116/hr/2/ih/section-1110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 129 of title 23, United States Code, is amended— in subsection (a)— by striking paragraph
(1)and inserting the following: Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the— initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction; reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation; conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility, subject to the requirements of section 166; and preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph. Before the Secretary may authorize tolling as described in this paragraph, the public authority with jurisdiction over a highway, bridge, or tunnel shall enter into an agreement with the Secretary to ensure compliance with the requirements of this subsection. The provisions of this paragraph shall apply to— Federal participation under subparagraph (A); any prior Federal participation in the facility proposed to be tolled; and conversion, with or without Federal participation, of a non-tolled lane on the National Highway System to a toll facility under subparagraph (E). Except as otherwise provided in this subsection or section 166, the provisions of this paragraph shall not apply to a high occupancy vehicle facility. Approval by the Secretary of an agreement to toll under this paragraph shall be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). Prior to entering into an agreement to toll under this subsection, the public authority shall certify to the Secretary that— the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection; the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public; and the facility shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices. Prior to entering into an agreement to toll under this section, the Secretary shall ensure the public authority has adequately considered, including by providing an opportunity for public comment, the following factors within the corridor: Congestion impacts on both the toll facility and in the corridor or cordon (including adjacent toll-free facilities). In the case of a non-attainment or maintenance area, air quality impacts. Planned investments to improve public transportation or other non-tolled alternatives in the corridor. Environmental justice and equity impacts. Impacts on freight movement. Economic impacts on businesses. Nothing in this subparagraph shall limit a public authority from meeting the requirements of this subparagraph through the environmental review process, as applicable. The Secretary may authorize conversion of a non-tolled lane on the National Highway System to a toll facility to utilize variable pricing to manage the demand to use the facility by varying the toll amount that is charged. Prior to entering into an agreement to convert a non-tolled lane on the National Highway System to a toll facility, the Secretary shall ensure (in addition to the requirements under subparagraphs (B), (C), and (D)) that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor, as described in clauses
(iii)and (iv). A public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall— establish, monitor, and support a performance monitoring, evaluation, and reporting program— for the toll facility that provides for continuous monitoring, assessment, and reporting on the impacts that the pricing structure may have on the operation of the facility; and for the corridor or cordon that provides for continuous monitoring, assessment, and reporting on the impacts of congestion pricing on the operation of the corridor or cordon; submit to the Secretary annual reports of the impacts described in subclause (I); and if the facility or the corridor or cordon becomes degraded, as described in clause (iv), submit to the Secretary an annual update that describes the actions proposed to bring the toll facility into compliance and the progress made on such actions. For purposes of clause (iii)(III), the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both). For the purposes of clause (iii)(III), a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in— an increase in person or freight throughput in the corridor or cordon; and a reduction in person hours of delay in the corridor or cordon, as determined by the Secretary. In this subparagraph, the term minimum average operating speed means— 45 miles per hour, in the case of a toll facility with a speed limit of 50 miles per hour or greater; and not more than 10 miles per hour below the speed limit, in the case of a toll facility with a speed limit of less than 50 miles per hour. Not later than 180 days after the date on which a facility or a corridor or cordon becomes degraded under clause (iv), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph. Not later than 60 days after the date of receipt of a plan under subclause (I), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph. Until the date on which the Secretary determines that the public authority has brought facility or corridor or cordon into compliance with this subparagraph, the public authority shall submit annual updates that describe— the actions taken to bring the facility into compliance; the actions taken to bring the corridor or cordon into compliance; and the progress made by those actions. If a public authority fails to bring a facility into compliance under this subparagraph, the Secretary may subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. If a toll facility authorized under this subparagraph is located on the National Highway System and in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area. For the purposes of this paragraph, the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility. ; in paragraph (3)— in subparagraph (A)— in clause
(iv)by striking and at the end; and by striking clause
(v)and inserting the following: any project eligible under this title or chapter 53 of title 49 that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay; toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility; and if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph (1)(E), any revenues remaining after funding the activities described in clauses
(i)through
(vi)shall be considered surplus revenue and may be used for any other purpose for which Federal funds may be obligated by a State under this title or chapter 53 of title 49. ; by striking subparagraph
(B)and inserting the following: A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary. On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. A State that obligates amounts under clauses (v), (vi), or
(vii)of subparagraph
(A)shall annually report to the Secretary a list of activities funded with such amounts and the amount of funding provided for each such activity. ; in paragraph
(8)by striking as of the date of enactment of the MAP–21, before commencing any activity authorized and inserting , before commencing any activity authorized ; and by striking paragraph
(10)and inserting the following: All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices. If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority and the Secretary enter into an agreement for the public authority to achieve compliance with such requirements. In this subsection, the following definitions apply: The term Federal participation means the use of funds made available under this title. The term high occupancy vehicle or HOV means a vehicle with not fewer than 2 occupants. The term initial construction means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. The term initial construction does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ). The term public authority means a State, interstate compact of States, or public entity designated by a State. The term public transportation vehicle has the meaning given that term in section 166. The term toll facility means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed or authorized to be tolled under this subsection. . Section 1216 of the Transportation Equity Act for the 21st Century ( 23 U.S.C. 129 note), and the item related to such section in the table of contents in section 1(b) of such Act, are repealed. Section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 ( 23 U.S.C. 149 note) is amended by adding at the end the following: The Secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph. . Any toll facility described in paragraph
(2)shall be subject to the requirements of section 129(a)(3) of title 23, United States Code, as in effect on the day before the date of enactment of this Act. A toll facility described in this paragraph is a facility that, on the day prior to the date of enactment of this Act was— operating; in the planning and design phase; or in the construction phase.
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources