Toll Programs

Toll Programs
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
Interstate System Reconstruction and Rehabilitation Toll Pilot
Section 1216(b) of TEA-21	Section 1615(a)	Section 1603	Section 1609(a)
Allows up to 3 pilot projects in 3 different States	No change from current law	Repeals TEA-21 pilot program and re-establishes a similar pilot program of the same name. Also limited to 3 facilities in 3 different States.	Similar to Administration bill, but limited to 1 project in Virginia. Codifies into Section 129 of Title 23.
To be eligible, must: (1) identify age, condition, and intensity of use, (2) if in metro area, consult MPO, (3) demonstrate that facility could not be maintained or improved without tolls revenues, (4) facility management plan.	Eases eligibility requirements - instead of the only way to improve the facility, allows tolling if it is the most efficient, economical, or expeditious way to advance the project (requires analysis to demonstrate).	Eligibility requirements similar to current law, but includes Administration bill's change to allow tolling if it is the most efficient, economical , or expedition way to advance the project.	Same as Administration bill.
Selection criteria: (1)tolling must be the only way to improve the facility, (2)use, age, or condition warrant tolling, (3)takes local, regional, and interstate travelers' interests into account, (4)State plan is reasonable, (5)preference to demonstrated capability of public toll agency.	Changes "condition" requirement to "facility needs reconstruction or rehabilitation." Eliminates requirement that State plan for implementing tolls on the facility take into account interests of local, regional, and interstate travelers.	Similar to current law, but eliminates requirement that tolling must be the only way, and adds requirement for automatic toll collection.	Similar to Administration bill, except "condition" requirement clarifies that it may include replacing existing sections on new alignment
No comparable provision	No comparable provision	Prohibits non-compete agreements -- State may not enter into an agreement with a private person which prevents State from improving or expanding capacity of public roads adjacent to the facility to mitigate (congestion, pavement wear, safety) on adjacent roads.	No comparable provision
Toll revenues must be used for debt service, return on investment of private investor, costs for improvement, operation, and maintenance of toll facility	No change from current law	No change from current law	No change from current law
No comparable provision	No comparable provision	Report to Congress on congestion, pavement wear, and safety on adjacent roads required by 9/30/2011.	No comparable provision
No comparable provision	No comparable provision	Interstate System Construction Toll Pilot Program [1604] Authorizes a pilot program virtually identical to Sec. 1603, but for new construction. Differences include - allows interstate compacts of States as eligible participants; limited to 3 facilities, but don't have to be in 3 different States.	No comparable provision
Value Pricing Pilot [1012 of ISTEA; 1216(a) of TEA-21)	Variable Toll Pricing Program [1615(b)]:	Congestion Pricing Pilot Program [1209]:	Fast and Sensible Toll (FAST) Lanes Program [1609(b)]:
Pilot program to fund pre-implementation and implementation costs for projects undertaken by up to 15 public entities. Provided total of $51 million from HTF for 1999-2003	Pilot program repealed; program is mainstreamed (no separate funding provided). Existing VPP projects may continue to operate under existing agreements.	Continues Value Pricing program, but changes name back to Congestion Pricing Pilot. Changes from limit of 15 programs to 25 projects (includes previously approved projects, if they are already collecting tolls). [1209] Funded by $15 M/year set-aside from STP. [1103(d)]	Repeals Value Pricing Pilot program; existing VPP projects may continue to operate under existing agreements. [1609(c)(2)] Note: conflicting provision [1827] amends current law and extends life of VPP program. New FAST Lanes program authorized at $51.6 million over 5 years for pre-implementation studies and post-implementation evaluations of projects. Up to 2% of funds may be used for promotion, technical support, & research.
No comparable provision	No comparable provision	Set-aside of $3M/year for congestion pricing pilot projects that do not involve tolls.	No comparable provision
No comparable provision	No comparable provision	No comparable provision	Up to 2% of funds may be used for promotion, technical assistance, research.
Pilot projects to promote economic efficiency in the use of highways and support congestion reduction, air quality, energy conservation, and transit productivity goals. May include areawide pricing, pricing of multiple or single facilities or corridors, single lane pricing, other market-based strategies.	Sec'y may permit a State or public authority to toll any highway, bridge, or tunnel, including Interstate, to manage existing high levels of congestion or reduce emissions in a nonattainment or maintenance area.	Sec'y. may enter into cooperative agreement with State and local governments to carry out projects.	Similar to Administration bill, but may also be private entity; specifically includes financing added Interstate lanes to reduce congestion. Defines eligible toll facility as one that is (1)in existence as of date of enactment that collects tolls, (2)in existence that serves high occupancy vehicles, (3)is modified or constructed after date of enactment to add tolled capacity (includes private); (4)for new lanes added to previously non-tolled facility, only the new lane.
No comparable provision	Tolls must vary in price according to time of day.	No comparable provision	Similar to Administration bill, but variable price requirement optional, except for HOV facilities
			Requires automatic toll collection, optimizing free flow of traffic; final rule required within 180 days on automated collection systems, maximizing interoperability; to be modified as technology progresses.
State may permit SOVs in HOV lanes as part of VPP project	State may allow SOVs in HOV lanes as part of a variable toll pricing program	Same as current law.	Same as Administration bill
Revenues must be applied to projects eligible under title 23.	Use of toll revenues-- debt service, reasonable return on private fund investments, operation & maintenance costs of toll facility. Excess revenues-- eligible Title 23 projects if facility is being adequately maintained.	Same as current law.	Similar to Administration bill, but broadens debt service use to include 1 or more highway or transit projects; if facility is being adequately maintained, excess revenues may be used for any Title 23 or 49 purpose. Revenues collected should not affect funding to/within State.
No comparable provision	Must have agreement identifying congestion/air quality problems, goals and performance measures.	No comparable provision	Same as Administration bill
			Requires regular monitoring and reporting; report to Congress within 1 year, then every 3 years thereafter.
Federal share 80%	Federal share not to exceed 80%	No Federal share specified.	To be determined by the State, not to exceed 80%
High Occupancy Vehicle Toll (HOT) Lanes
	Section 1610	Section 1208	Section 1606
Title 23, Section 102 establishes HOV use requirements	May allow otherwise ineligible vehicles to use HOV lanes, if they pay a toll. Agency must have program for enrollment and participation, develop automatic collection system, monitor & evaluate performance, vary toll to manage demand, ensure that system does not become seriously degraded.	Similar to Administration bill, but addresses enforcement.	Similar to Administration bill, but addresses enforcement.
No comparable provision	No comparable provision	Road User Charge Evaluation Pilot Project -- to assess how ITS technologies can be applied to assess mileage based road user charges for toll collection. Annual reports required; final report by 6/30/09. Funded at $12.5 M total for 2005-2009. [1813]	No comparable provision

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