[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3960 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3960

  To provide authority and sanction for the granting and issuance of 
programs for residential and commuter toll, user fee and fare discounts 
  by States, municipalities, other localities, as well as all related 
       agencies and departments thereof, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2009

 Mr. McMahon introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To provide authority and sanction for the granting and issuance of 
programs for residential and commuter toll, user fee and fare discounts 
  by States, municipalities, other localities, as well as all related 
       agencies and departments thereof, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``The Residential 
and Commuter Toll Fairness Act of 2009''.
    (b) Findings.--Congress finds the following:
            (1) Residents of, or commuters residing in, various 
        localities and political subdivisions throughout the United 
        States are subject to pay tolls, user fees and fares to access 
        certain roads, highways, bridges, rail, bus, ferry or other 
        transportation systems.
            (2) Revenue generated from transportation tolls, user fees 
        and fares is used to support various infrastructure maintenance 
        and capital improvement projects that benefit not only the 
        users of these facilities, but the regional and national 
        economy as well.
            (3) Due to specific geographic factors, as well as the 
        location of access points to roads, highways, bridges, rail, 
        bus, ferry or other transportation systems, residents of, or 
        commuters residing in, certain municipalities, counties or 
        other localities or subdivisions thereof are forced to endure 
        significant or undue toll burdens when compared with residents 
        of, or commuters residing in, other areas who can choose among 
        a greater number of transportation options.
            (4) Residents of, or commuters residing in, certain 
        municipalities, counties or other localities or subdivisions 
        thereof that endure significant or undue toll, user fee or fare 
        burdens often are residents of, or commuters residing in, 
        islands, peninsulas, or other places that have no other way of 
        accessing those areas other than through a means that requires 
        them to pay a toll, user fee or fare.
            (5) Residents of, or commuters residing in, certain 
        municipalities, counties or other localities or subdivisions 
        thereof that endure significant or undue toll, user fee or fare 
        burdens often pay far more for transportation access than 
        residents of surrounding jurisdictions, or in jurisdictions 
        across the country, for similar transportation options.
            (6) To address this inequality, and to reduce the financial 
        hardship often imposed on residents of, or commuters residing 
        in certain municipalities, counties or other localities or 
        subdivisions thereof that endure significant or undue toll 
        burdens, several State and municipal governments, as well as 
        agencies, departments, bureaus, offices, or subdivisions 
        thereof, as well as bi-State or multi-State transportation 
        authorities or agencies, have developed and implemented 
        programs to issue or grant discounted tolls, user fees or fares 
        to these residents and commuters.
            (7) Transportation toll, user fee or fare discount programs 
        issued based on residential status do not discriminate against 
        those individuals who do not receive these discounts, but 
        instead address actual unequal and undue financial burdens 
        placed on residents of, or commuters residing in, certain 
        jurisdictions that have no other way of accessing those areas 
        other than through a means that requires them to pay a toll, 
        user fee or fare.
            (8) Transportation toll, user fee or fare discount programs 
        issued based on residential status by State and municipal 
        governments, as well as agencies, departments, bureaus, 
        offices, or subdivisions thereof, as well as all bi-State or 
        multi-State transportation authorities or agencies, in order to 
        alleviate significant or undue toll burdens for residents or 
        particular jurisdictions, do not disadvantage or discriminate 
        against those individuals ineligible for residential toll, user 
        fee or fare discount programs.
            (9) Transportation toll, user fee or fare discount programs 
        issued based on residential status by State and municipal 
        governments, as well as agencies, departments, bureaus, 
        offices, or subdivisions thereof, as well as all bi-State or 
        multi-State transportation authorities or agencies, in order to 
        alleviate significant or undue toll burdens for residents or 
        particular jurisdictions, are not designed to favor the 
        interests, promote the domestic industry or the economic 
        development of the State implementing these programs.
            (10) Transportation toll, user fee or fare discount 
        programs issued based on residential status by State and 
        municipal governments, as well as agencies, departments, 
        bureaus, offices, or subdivisions thereof, as well as all bi-
        State or multi-State transportation authorities or agencies, do 
        not interfere or impose undue burdens on commerce with foreign 
        nations, nor do they interfere or impose any undue burdens on 
        commerce among the several States, or commerce within 
        particular States.
            (11) Transportation toll, user fee or fare discount 
        programs issued based on residential status by State and 
        municipal governments, as well as agencies, departments, 
        bureaus, offices, or subdivisions thereof, as well as all bi-
        State or multi-State transportation authorities or agencies, do 
        not interfere or impose undue burdens on the ability of 
        individuals to travel among, or within, the several States.
            (12) Transportation toll, user fee or fare discount 
        programs issued based on residential status by State and 
        municipal governments, as well as agencies, departments, 
        bureaus, offices, or subdivisions thereof, as well as all bi-
        State or multi-State transportation authorities or agencies, do 
        not constitute inequitable treatment nor do they deny any 
        person within the jurisdiction of the United States the equal 
        protection of the laws.
            (13) Transportation toll, user fee or fare discount 
        programs issued based on residential status by State and 
        municipal governments, as well as agencies, departments, 
        bureaus, offices, or subdivisions thereof, as well as all bi-
        State or multi-State transportation authorities or agencies, do 
        not in any way abridge the privileges or immunities of citizens 
        of the United States.
            (14) The Residential and Commuter Toll Fairness Act of 2009 
        seeks to provide clarification of the existing authority of, 
        and where necessary to provide express Congressional 
        authorization for, State and municipal governments, as well as 
        agencies, departments, bureaus, offices, or subdivisions 
        divisions thereof, as well as all bis-tate or multi-State 
        transportation authorities or agencies, to issue or grant 
        transportation toll, user fee or fare discount programs based 
        on residential status.

SEC. 2. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER TOLL, USER FEE 
              OR FARE DISCOUNT PROGRAMS.

    (a) Authority To Provide Residential or Commuter Toll, User Fee or 
Fare Discount Programs.--State and municipal governments, as well as 
all agencies, departments, bureaus, offices, or subdivisions divisions 
thereof empowered to operate or manage roads, highways, bridges, rail, 
bus, ferry, or other transportation systems, as well as all bi-State or 
multi-State transportation authorities or agencies empowered to operate 
or manage roads, highways, bridges, rail, bus, ferry, or other 
transportation systems, shall each be authorized to design and 
implement programs to issue or grant reductions or discounts in tolls, 
user fees, or other transportation fares to residents of, or commuters 
residing in, specific localities, municipalities or subdivisions 
thereof in order to reduce or alleviate toll burdens imposed upon 
residents of, or commuters residing in, those areas.
    (b) Rulemaking With Respect to the State, Local, or Agency 
Provision of Toll, User Fee or Fare Discount Programs to Local 
Residents or Commuters.--State and municipal governments, as well as 
all agencies, departments, bureaus, offices, or subdivisions thereof 
empowered to operate or manage roads, highways, bridges, rail, bus, 
ferry, or other transportation systems, as well as all bi-State or 
multi-State transportation authorities or agencies empowered to operate 
or manage roads, highways, bridges, rail, bus, ferry, or other 
transportation systems, shall each be authorized to enact such rules or 
regulations that may be necessary to carry out the authority provided 
in subsection (a).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
as limiting in any way or otherwise interfering with existing authority 
of State and municipal governments, as well as all agencies, 
departments, bureaus, offices, or subdivisions divisions thereof 
empowered to operate or manage roads, highways, bridges, rail, bus, 
ferry, or other transportation systems, as well as all bi-State or 
multi-State transportation authorities or agencies empowered to operate 
or manage roads, highways, bridges, rail, bus, ferry, or other 
transportation systems as of the enactment date of this Act.
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