S AMDT 1115

S 1115 IS

To amend title 23, United States Code, to prohibit the imposition of new tolls on the Federal-aid system, and for other purposes.

May 21, 2009

Mrs. HUTCHISON introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend title 23, United States Code, to prohibit the imposition of new tolls on the Federal-aid system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Freedom from Tolls Act of 2009’.

SEC. 2. IMPOSITION OF NEW TOLLS ON FEDERAL-AID SYSTEM.

(a) In General- Section 129 of title 23, United States Code, is amended by adding at the end the following:

‘(d) Exception for Existing Highway Segments-

‘(1) IN GENERAL- Except as provided in paragraph (2), none of the funds made available to carry out this title shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federal-aid system--

‘(A) the construction of which has been completed as of the date of enactment of this subsection;

‘(B) that, as of the date of enactment of this subsection, is not tolled;

‘(C) that was constructed with Federal assistance provided under this title; and

‘(D) that is in actual operation as of the date of enactment of this subsection.

‘(2) EXCEPTIONS-

‘(A) NUMBER OF TOLL LANES- Paragraph (1) shall not apply to any segment of highway on the Federal-aid system described in that paragraph that, as of the date on which a toll is imposed on the segment, will have the same number of non-toll lanes as were in existence prior to that date.

‘(B) HIGH-OCCUPANCY VEHICLE LANES- A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this subsection, and shall not be considered to be a non-toll lane for purposes of determining whether a highway will have fewer non-toll lanes than prior to the date of imposition of the toll, if--

‘(i) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority; or

‘(ii) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority.’.

(b) Interstate System Reconstruction and Rehabilitation Pilot Program- Section 1216(b)(2) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is amended by striking ‘3 facilities’ and inserting ‘2 facilities’.