IIB 

111TH CONGRESS 

2D SESSION H. R. 3960 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2010 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To clarify the existing authority of, and as necessary provide 

express authorization for, public authorities to offer discounts in transportation tolls to captive tollpayers, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Residential and Com3 muter Toll Fairness Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Residents of, and regular commuters to, 

7 certain localities in the United States are subject to 

8 a transportation toll when using a transportation fa9 cility to access or depart the locality. 

10 (2) Revenue generated from these tolls is some11 times used to support infrastructure maintenance 

12 and capital improvement projects that benefit not 

13 only the users of these transportation facilities, but 

14 the regional and national economy as well. 

15 (3) Certain localities in the United States are 

16 situated on islands, peninsulas, or other areas in 

17 which transportation access is substantially con18 strained by geography, sometimes leaving residents 

19 of, or regular commuters to, these localities with no 

20 reasonable means of accessing or departing their 

21 neighborhood or place of employment without paying 

22 a transportation toll. 

23 (4) Residents of, or regular commuters to, these 

24 localities often pay far more for transportation ac25 cess than residents of, and commuters to, other 

26 areas for similar transportation options, and these 


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1 increased transportation costs can impose a signifi2 cant and unfair burden on these residents and com3 muters. 

4 (5) To address this inequality, and to reduce 

5 the financial hardship often imposed on captive 

6 tollpayers, several public authorities have developed 

7 and implemented programs to provide discounts in 

8 transportation tolls. 

9 SEC. 3. PURPOSE. 

10 The purpose of this Act is to clarify the existing au11 thority of, and as necessary provide express authorization 

12 for, public authorities to offer discounts in transportation 

13 tolls to captive tollpayers. 

14 SEC. 4. TRANSPORTATION TOLLS. 

15 (a) AUTHORITY TO PROVIDE DISCOUNTS.—A public 

16 authority is authorized to carry out a program that offers 

17 discounts in transportation tolls to captive tollpayers. 

18 (b) LIMITATIONS ON STATUTORY CONSTRUCTION.— 

19 Nothing in this Act may be construed to— 

20 (1) limit any other authority of a public author21 ity, including the authority to offer discounts in 

22 transportation tolls to other tollpayers; or 

23 (2) affect, alter, or limit the applicability of a 

24 State or local law with respect to the authority of a 

25 public authority to impose toll discounts. 


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1 SEC. 5. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) CAPTIVE TOLLPAYER.—The term ‘‘captive 

4 tollpayer’’ means an individual who— 

5 (A) is a resident of, or regular commuter 

6 to, a locality in the United States that is situ7 ated on an island, peninsula, or other area 

8 where transportation access is substantially 

9 constrained by geography; and 

10 (B) is subject to a transportation toll when 

11 using a transportation facility to access or de12 part the locality. 

13 (2) PUBLIC AUTHORITY.—The term ‘‘public au14 thority’’ has the meaning given that term by section 

15 101 of title 23, United States Code. 

16 (3) TRANSPORTATION FACILITY.—The term 

17 ‘‘transportation facility’’ includes a road, highway, 

18 bridge, rail, bus, or ferry facility. 


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1 (4) TRANSPORTATION TOLL.—The term ‘‘trans2 portation toll’’ means a toll or fare required for use 

3 of a transportation facility. 

Passed the House of Representatives September 28, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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