I 

112TH CONGRESS 

2D SESSION H. R. 5713 

To amend the Transportation Equity Act for the 21st Century to ensure 

that the highest priority consideration is given to local comments when 

selecting a toll pilot project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2012 

Mr. BUTTERFIELD (for himself, Mr. WATT, and Mr. KISSELL) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend the Transportation Equity Act for the 21st Century to ensure that the highest priority consideration 

is given to local comments when selecting a toll pilot 

project, 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 ‘‘Talk Before You Toll 

5 Act of 2012’’. 


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1 SEC. 2. INTERSTATE SYSTEM RECONSTRUCTION AND RE2 HABILITATION PILOT PROGRAM. 

3 Section 1216(b)(4) of the Transportation Equity Act 

4 for the 21st Century (Public Law 105–178) is amended— 

5 (1) by redesignating subparagraphs (D) and 

6 (E) as subparagraphs (E) and (F), respectively; and 

7 (2) by inserting after subparagraph (C) the fol8 lowing: 

9 ‘‘(D) the State has solicited, received, and 

10 published on its Web site public comments re11 garding the facility and has disclosed whether 

12 the majority of such comments approved or dis13 approved the facility, including comments re14 garding the economic impact study, environ15 mental assessment, and any other documents 

16 required to be submitted with the application;’’. 

17 SEC. 3. PRIORITY CONSIDERATION. 

18 Section 1216(b) of the Transportation Equity Act for 

19 the 21st Century (Public Law 105–178) is amended— 

20 (1) by redesignating paragraphs (5) through 

21 (8) as paragraphs (9) through (12), respectively; 

22 and 

23 (2) by inserting after paragraph (4) the fol24 lowing: 

25 ‘‘(5) PRIORITY CONSIDERATION.—In addition 

26 to the selection criteria listed in paragraph (4), the 


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1 Secretary shall give the highest priority consider2 ation to local comments that both approve and dis3 approve the proposed toll facility. 

4 ‘‘(6) PERIODIC CONSIDERATION.—Once a State 

5 begins the application process under this subsection, 

6 the Secretary (or the Secretary’s designee) shall 

7 meet monthly with local representatives of transpor8 tation and consumer advocacy groups who reside 

9 near the location of the proposed toll facility to dis10 cuss their views and recommendations for any 

11 changes or modifications to the State’s plans with 

12 respect to the facility. 

13 ‘‘(7) PUBLIC MEETING.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days after the date of submission of the final 

16 facility management plan under paragraph 

17 (3)(D)(i), the State shall hold at least one pub18 lic meeting to review the specifics of the plan 

19 (especially details not disclosed prior to the 

20 plan’s final submission) and solicit participation 

21 and comment from the public. 

22 ‘‘(B) COMMENTS RECEIVED.— 

23 ‘‘(i) IN GENERAL.—During the public 

24 meeting and in the 30-day period following 

25 the date on which the meeting is held, the 


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1 State shall accept comments on and sug2 gestions for any changes to the facility 

3 management plan and written comments 

4 with respect to any of the comments or 

5 suggestions. 

6 ‘‘(ii) PUBLICATION AND TRANS7 MITTAL.—The State shall publish the com8 ments and suggestions on its Web site and 

9 transmit the comments and suggestions, 

10 along with the minutes of the public meet11 ing, to the Administrator of the Federal 

12 Highway Administration. 

13 ‘‘(8) FEDERAL HIGHWAY ADMINISTRATION.— 

14 Not later than 30 days after the date of receipt of 

15 the comments and suggestions and the minutes of 

16 the public meeting referred to in paragraph (8), the 

17 Administrator shall publish on the Web site of the 

18 Federal Highway Administration all comments and 

19 suggestions received by a State regarding the pro20 posed toll facility. Before making a final determina21 tion on a State’s application, the Administrator shall 

22 consider all such comments and suggestions re23 ceived.’’. 


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1 SEC. 4. APPLICATION OF AMENDMENTS. 

2 The amendments made by this Act shall apply to any 

3 State that has not completed a final application under sec4 tion 1216(b) of the Transportation Equity Act for the 

5 21st Century (Public Law 105–178) as of the date of en6 actment of this Act. 

Æ 


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