H.R. 3960 (111th): Residential and Commuter Toll Fairness Act of 2010

111th Congress, 2009–2010. Text as of Sep 29, 2010 (Referred to Senate Committee).

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IIB

111th CONGRESS

2d Session

H. R. 3960

IN THE SENATE OF THE UNITED STATES

September 29, 2010

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

To clarify the existing authority of, and as necessary provide express authorization for, public authorities to offer discounts in transportation tolls to captive tollpayers, and for other purposes.

1.

Short title

This Act may be cited as the Residential and Commuter Toll Fairness Act of 2010.

2.

Findings

Congress finds the following:

(1)

Residents of, and regular commuters to, certain localities in the United States are subject to a transportation toll when using a transportation facility to access or depart the locality.

(2)

Revenue generated from these tolls is sometimes used to support infrastructure maintenance and capital improvement projects that benefit not only the users of these transportation facilities, but the regional and national economy as well.

(3)

Certain localities in the United States are situated on islands, peninsulas, or other areas in which transportation access is substantially constrained by geography, sometimes leaving residents of, or regular commuters to, these localities with no reasonable means of accessing or departing their neighborhood or place of employment without paying a transportation toll.

(4)

Residents of, or regular commuters to, these localities often pay far more for transportation access than residents of, and commuters to, other areas for similar transportation options, and these increased transportation costs can impose a significant and unfair burden on these residents and commuters.

(5)

To address this inequality, and to reduce the financial hardship often imposed on captive tollpayers, several public authorities have developed and implemented programs to provide discounts in transportation tolls.

3.

Purpose

The purpose of this Act is to clarify the existing authority of, and as necessary provide express authorization for, public authorities to offer discounts in transportation tolls to captive tollpayers.

4.

Transportation tolls

(a)

Authority To provide discounts

A public authority is authorized to carry out a program that offers discounts in transportation tolls to captive tollpayers.

(b)

Limitations on statutory construction

Nothing in this Act may be construed to—

(1)

limit any other authority of a public authority, including the authority to offer discounts in transportation tolls to other tollpayers; or

(2)

affect, alter, or limit the applicability of a State or local law with respect to the authority of a public authority to impose toll discounts.

5.

Definitions

In this Act, the following definitions apply:

(1)

Captive tollpayer

The term captive tollpayer means an individual who—

(A)

is a resident of, or regular commuter to, a locality in the United States that is situated on an island, peninsula, or other area where transportation access is substantially constrained by geography; and

(B)

is subject to a transportation toll when using a transportation facility to access or depart the locality.

(2)

Public authority

The term public authority has the meaning given that term by section 101 of title 23, United States Code.

(3)

Transportation facility

The term transportation facility includes a road, highway, bridge, rail, bus, or ferry facility.


(4)

Transportation toll

The term transportation toll means a toll or fare required for use of a transportation facility.

Passed the House of Representatives September 28, 2010.

Lorraine C. Miller,

Clerk