Federal Tolling Programs

Yes, unless otherwise extended as noted below. Section 1411(c)(3) of the FAST Act states: "An application provisionally approved by the Secretary shall expire 3 years after the date on which the application was provisionally approved if the State has not 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. 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"

Yes. Section 1216(b)(4)(C) of TEA-21 requires the Secretary, as part of the selection criteria, to determine that "the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers." The FHWA would expect the State to provide opportunities for public involvement that are inclusive of interstate travelers. The FHWA would also expect the State to have provided opportunities for neighboring States and local governments that may be affected to express their opinion on the State's plan. The plan should reflect how these comments were addressed.

Yes. The FHWA Headquarters evaluation team will submit all candidate project information, ratings, and recommendations to the FHWA Administrator. The Secretary of the U.S. Department of Transportation and the FHWA Administrator will select projects to receive provisional approvals into the ISRRPP program. The program is limited to 3 projects. Applications will be considered on a first-come, first serve rolling basis until further notice.

No. Section 1216(b)(3) of TEA-21 requires: "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: "...(B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization established under 23 U.S.C. 134, for the area has been consulted concerning the placement and amount of tolls on the facility." FHWA expects the ISRRPP applicant to document the consultation and summarize the MPO response.

No. There is no Federal statute that prohibits a turnpike authority, local entity, or other Interstate facility operators from submitting a candidate project for the ISRRPP. However, the toll agreement executed with FHWA under the ISRRPP must include the respective State DOT as well as any other entity (i.e. turnpike authority).

No. There are no Federal statutory limitations on the period of time for toll collection under the ISRRPP.

No. The FHWA is concerned that the initiation of new toll collection should not occur until it is evident to the traveling public that tolls will result in investment on the facility. The earliest the FHWA considers an ISRRPP project to be eligible for tolling is when the contract has been awarded for the physical construction activities. In the case where a design-build contract or public-private agreement has been awarded prior to the completion of the environmental process, the earliest the FHWA considers an ISRRPP project eligible for tolling is when a notice to proceed for the physical construction has been issued or where the design-builder otherwise becomes contractually obligated to accomplish the physical construction activities of the project.

Yes. Toll revenues received from an ISRRPP project must be used in accordance with the requirements set forth in Section 1216(b)(5) of TEA-21. This section requires that all toll revenues be used only for (1) debt service, (2) reasonable return on investment of any private person financing the project, and (3) 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. It is important to note these conditions are more restrictive than those that apply to projects authorized under 23 U.S.C. 129 or 23 U.S.C. 166.

Yes. Under the ISRRPP, a State may collect tolls on an existing Interstate facility to reconstruct or rehabilitate an Interstate highway corridor.

Under 23 U.S.C. 129, Interstate tolling is limited to new highways and new lanes added to existing Interstate highways, provided the number of toll-free lanes are maintained; to the reconstruction or replacement of toll-free bridges, tunnels; and to reconstruct and rehabilitate an Interstate highway provided the number of toll-free lanes are maintained Under 23 U.S.C. 166, existing HOV lanes may be converted to tolled operation provided that the public authority consult with the MPO concerning the placement and amount of tolls. To implement tolls on an existing HOV lane, project sponsors must demonstrate that the conditions on the facility are not already degraded and that the presence of paying vehicles will not cause conditions on facility to become degraded.

Yes. Section 1411(c)(3) of the FAST Act added the following selection criteria to Section 1216(b)(4) of TEA-21: "The Secretary may approve the application of a State if the Secretary determines that the State has the authority required for the project." The FHWA will give priority consideration to States that already have enabling legislation to toll the candidate project or, lacking that, demonstrate the likelihood of obtaining the authority to toll the candidate project as evidenced by expressions of support for the project from State and local governments, community interests, and the public.

Yes, with the exception of Interstate Maintenance (IM) funds, including Interstate Maintenance Discretionary (IMD) funds. Section 1216(b)(6) of TEA-21 prohibits the use of IM funds for facilities for which tolls are being collected under this program.

Yes, if available. Section 1106 of MAP-21 requires each State to develop a risk-based asset management plan for the National Highway System (NHS) to improve or preserve the condition of the assets and the performance of the system. The minimum requirements for the development of an asset management plan are enumerated in 23 CFR 515. Several of the items included in such asset management plans could be used as supporting documentation for the ISRRPP candidate project application, such as:

1. A summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets;
2. Asset management objectives and measures;
3. Performance gap identification,
4. Lifecycle cost and risk management analysis,
5. A financial plan, and
6. Investment strategies.