Sec. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS
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## SEC. 1216 INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS * * * * * * * ###
(b)Interstate System Reconstruction and Rehabilitation Pilot Program ####
(1)Establishment The Secretary shall establish and implement an Interstate System reconstruction and rehabilitation pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of reconstructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls. ####
(2)Limitation on number of facilities The Secretary may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. Each of such facilities shall be located in a different State. ####
(3)Eligibility To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following: #####
(A)An identification of the facility on the Interstate System proposed to be a toll facility, including the age, condition, and intensity of use of the facility. #####
(B)In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization established under section 134 of title 23, United States Code, for the area has been consulted concerning the placement and amount of tolls on the facility. #####
(C)An analysis demonstrating that the facility could not be maintained or improved to meet current or future needs from the State's apportionments and allocations made available by this Act (including amendments made by this Act) and from revenues for highways from any other source without toll revenues. #####
(D)A facility management plan that includes— ######
(i)a plan for implementing the imposition of tolls on the facility; ######
(ii)a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues; ######
(iii)a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; ######
(iv)a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and ######
(v)such other information as the Secretary may require. ####
(4)Selection criteria The Secretary may approve the application of a State under paragraph
(3)only if the Secretary determines that— #####
(A)the State is unable to reconstruct or rehabilitate the proposed toll facility using existing apportionments; #####
(B)the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls; #####
(C)the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; #####
(D)the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable; #####
(E)the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System; and #####
(F)the State has the authority required for the project to proceed. ####
(5)Limitations on use of revenues; audits Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that— #####
(A)all toll revenues received from operation of the toll facility will be used only for— ######
(i)debt service; ######
(ii)reasonable return on investment of any private person financing the project; and ######
(iii)any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and #####
(B)regular audits will be conducted to ensure compliance with subparagraph
(A)and the results of such audits will be transmitted to the Secretary. ####
(6)Requirements for project completion #####
(A)General term for expiration of provisional application 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— ######
(i)submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph
(3)and the selection criteria under paragraph (4); ######
(ii)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 ######
(iii)executed a toll agreement with the Secretary. #####
(B)Exceptions to expiration 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— ######
(i)substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ######
(ii)funding and financing commitments for the pilot project; ######
(iii)expressions of support for the pilot project from State and local governments, community interests, and the public; and ######
(iv)submission of a facility management plan pursuant to paragraph (3)(D). #####
(C)Conditions for previously provisionally approved applications A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act shall have 1 year after that 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. ####
(7)Definition 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. ####
(8)Limitation on use of interstate maintenance funds During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. ####
(9)Program term The Secretary shall conduct the pilot program under this subsection for a term to be determined by the Secretary, but not less than 10 years. ####
(10)Interstate system defined In this subsection, the term “**Interstate System**” has the meaning such term has under section 101 of title 23, United States Code.
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Sec. 1216
INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS
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