II 

112TH CONGRESS 

1ST SESSION S. 190 

To amend title 23, United States Code, to prohibit the imposition of new 

tolls on the Federal-aid system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2011 

Mrs. HUTCHISON introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

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

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom from Tolls 

5 Act of 2011’’. 

6 SEC. 2. IMPOSITION OF NEW TOLLS ON FEDERAL-AID SYS7 TEM. 

8 (a) IN GENERAL.—Section 129 of title 23, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘(d) EXCEPTION FOR EXISTING HIGHWAY SEG2 MENTS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), none of the funds made available to carry 

5 out this title shall be used to approve or otherwise 

6 authorize the imposition of any toll on any segment 

7 of highway located on the Federal-aid system— 

8 ‘‘(A) the construction of which has been 

9 completed as of the date of enactment of this 

10 subsection; 

11 ‘‘(B) that, as of the date of enactment of 

12 this subsection, is not tolled; 

13 ‘‘(C) that was constructed with Federal as14 sistance provided under this title; and 

15 ‘‘(D) that is in actual operation as of the 

16 date of enactment of this subsection. 

17 ‘‘(2) EXCEPTIONS.— 

18 ‘‘(A) NUMBER OF TOLL LANES.—Para19 graph (1) shall not apply to any segment of 

20 highway on the Federal-aid system described in 

21 that paragraph that, as of the date on which a 

22 toll is imposed on the segment, will have the 

23 same number of non-toll lanes as were in exist24 ence prior to that date. 


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1 ‘‘(B) HIGH-OCCUPANCY VEHICLE LANES.— 

2 A high-occupancy vehicle lane that is converted 

3 to a toll lane shall not be subject to this sub4 section, and shall not be considered to be a non5 toll lane for purposes of determining whether a 

6 highway will have fewer non-toll lanes than 

7 prior to the date of imposition of the toll, if— 

8 ‘‘(i) high-occupancy vehicles occupied 

9 by the number of passengers specified by 

10 the entity operating the toll lane may use 

11 the toll lane without paying a toll, unless 

12 otherwise specified by the appropriate 

13 county, town, municipal or other local gov14 ernment entity, or public toll road or tran15 sit authority; or 

16 ‘‘(ii) each high-occupancy vehicle lane 

17 that was converted to a toll lane was con18 structed as a temporary lane to be replaced 

19 by a toll lane under a plan approved by the 

20 appropriate county, town, municipal or 

21 other local government entity, or public toll 

22 road or transit authority.’’. 

23 (b) INTERSTATE SYSTEM RECONSTRUCTION AND RE24 HABILITATION PILOT PROGRAM.—Section 1216(b)(2) of 

25 the Transportation Equity Act for the 21st Century (23 


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1 U.S.C. 129 note; 112 Stat. 212) is amended by striking 

2 ‘‘3 facilities’’ and inserting ‘‘2 facilities’’. 

Æ 


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