[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 346 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 346

  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, and all related agencies 
                and departments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2011

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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, and all related agencies 
                and departments, 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 ``Residential and Commuter Toll 
Fairness Act of 2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Residents of various localities and political 
        subdivisions throughout the United States are subject to tolls, 
        user fees, and fares to access certain roads, highways, 
        bridges, railroads, busses, ferries, and 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 directly benefit 
        commuters and indirectly benefit the regional and national 
        economy.
            (3) Residents of certain municipalities, counties, and 
        other localities endure significant or disproportionate toll, 
        user fee, or fare burdens compared to others who have a greater 
        number of transportation options because such residents--
                    (A) live in geographic areas that are not 
                conveniently located to the access points for roads, 
                highways, bridges, rail, busses, ferries, and other 
                transportation systems;
                    (B) live on islands, peninsulas, or in other places 
                that are only accessible through a means that requires 
                them to pay a toll, user fee, or fare; or
                    (C) are required to pay much more for 
                transportation access than residents of surrounding 
                jurisdictions, or in other jurisdictions across the 
                country, for similar transportation options.
            (4) To address this inequality, and to reduce the financial 
        hardship often imposed on such residents, several State and 
        municipal governments and multi-State transportation 
        authorities have established programs that authorize discounted 
        transportation tolls, user fees, and fares for such residents.
            (5) Transportation toll, user fee, and fare discount 
        programs based on residential status--
                    (A) address actual unequal and undue financial 
                burdens placed on residents who live in areas that are 
                only accessible through a means that requires them to 
                pay a toll, user fee, or fare;
                    (B) do not disadvantage or discriminate against 
                those individuals ineligible for residential toll, user 
                fee, or fare discount programs;
                    (C) are not designed to favor the interests or 
                promote the domestic industry or economic development 
                of the State implementing such programs;
                    (D) do not interfere or impose undue burdens on 
                commerce with foreign nations or interfere or impose 
                any undue burdens on commerce among the several States, 
                or commerce within particular States;
                    (E) do not interfere or impose undue burdens on the 
                ability of individuals to travel among, or within, the 
                several States;
                    (F) do not constitute inequitable treatment or deny 
                any person within the jurisdiction of the United States 
                the equal protection of the laws; and
                    (G) do not abridge the privileges or immunities of 
                citizens of the United States.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the existing authority of States, counties, 
        municipalities, and multi-jurisdictional transportation 
        authorities to establish programs that offer discounted 
        transportation tolls, user fees, and fares for residents in 
        specific geographic areas; and
            (2) to authorize the establishment of such programs, as 
        necessary.

SEC. 3. 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.--States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads, 
highways, bridges, railroads, busses, ferries, or other transportation 
systems are authorized to establish programs that offer discounted 
transportation tolls, user fees, or other fares for residents of 
specific geographic areas in order to reduce or alleviate toll burdens 
imposed upon such residents.
    (b) Rulemaking With Respect to the State, Local, or Agency 
Provision of Toll, User Fee or Fare Discount Programs to Local 
Residents or Commuters.--States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads, 
highways, bridges, railroads, busses, ferries, or other transportation 
systems are authorized to enact such rules or regulations that may be 
necessary to establish the programs authorized under subsection (a).
    (c) Rule of Construction.--Nothing in this Act may be construed to 
limit or otherwise interfere with the authority, as of the date of the 
enactment of this Act, of States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads, 
highways, bridges, railroads, busses, ferries, or other transportation 
systems.
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