II 

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. 

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 ‘‘Residential and Com5 muter Toll Fairness Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Residents of various localities and political 

2 subdivisions throughout the United States are sub3 ject to tolls, user fees, and fares to access certain 

4 roads, highways, bridges, railroads, busses, ferries, 

5 and other transportation systems. 

6 (2) Revenue generated from transportation 

7 tolls, user fees, and fares is used to support various 

8 infrastructure maintenance and capital improvement 

9 projects that directly benefit commuters and indi10 rectly benefit the regional and national economy. 

11 (3) Residents of certain municipalities, counties, 

12 and other localities endure significant or dispropor13 tionate toll, user fee, or fare burdens compared to 

14 others who have a greater number of transportation 

15 options because such residents— 

16 (A) live in geographic areas that are not 

17 conveniently located to the access points for 

18 roads, highways, bridges, rail, busses, ferries, 

19 and other transportation systems; 

20 (B) live on islands, peninsulas, or in other 

21 places that are only accessible through a means 

22 that requires them to pay a toll, user fee, or 

23 fare; or 

24 (C) are required to pay much more for 

25 transportation access than residents of surVerDate Mar 15 2010 21:51 Feb 15, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S346.IS S346

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1 rounding jurisdictions, or in other jurisdictions 

2 across the country, for similar transportation 

3 options. 

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

5 the financial hardship often imposed on such resi6 dents, several State and municipal governments and 

7 multi-State transportation authorities have estab8 lished programs that authorize discounted transpor9 tation tolls, user fees, and fares for such residents. 

10 (5) Transportation toll, user fee, and fare dis11 count programs based on residential status— 

12 (A) address actual unequal and undue fi13 nancial burdens placed on residents who live in 

14 areas that are only accessible through a means 

15 that requires them to pay a toll, user fee, or 

16 fare; 

17 (B) do not disadvantage or discriminate 

18 against those individuals ineligible for residen19 tial toll, user fee, or fare discount programs; 

20 (C) are not designed to favor the interests 

21 or promote the domestic industry or economic 

22 development of the State implementing such 

23 programs; 

24 (D) do not interfere or impose undue bur25 dens on commerce with foreign nations or interVerDate Mar 15 2010 21:51 Feb 15, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S346.IS S346

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1 fere or impose any undue burdens on commerce 

2 among the several States, or commerce within 

3 particular States; 

4 (E) do not interfere or impose undue bur5 dens on the ability of individuals to travel 

6 among, or within, the several States; 

7 (F) do not constitute inequitable treatment 

8 or deny any person within the jurisdiction of 

9 the United States the equal protection of the 

10 laws; and 

11 (G) do not abridge the privileges or immu12 nities of citizens of the United States. 

13 (b) PURPOSES.—The purposes of this Act are— 

14 (1) to clarify the existing authority of States, 

15 counties, municipalities, and multi-jurisdictional 

16 transportation authorities to establish programs that 

17 offer discounted transportation tolls, user fees, and 

18 fares for residents in specific geographic areas; and 

19 (2) to authorize the establishment of such pro20 grams, as necessary. 

21 SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL OR COM22 MUTER TOLL, USER FEE OR FARE DISCOUNT 

23 PROGRAMS. 

24 (a) AUTHORITY TO PROVIDE RESIDENTIAL OR COM25 MUTER TOLL, USER FEE, OR FARE DISCOUNT PROVerDate Mar 15 2010 21:51 Feb 15, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S346.IS S346

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1 GRAMS.—States, counties, municipalities, and multi-juris2 dictional transportation authorities that operate or man3 age roads, highways, bridges, railroads, busses, ferries, or 

4 other transportation systems are authorized to establish 

5 programs that offer discounted transportation tolls, user 

6 fees, or other fares for residents of specific geographic 

7 areas in order to reduce or alleviate toll burdens imposed 

8 upon such residents. 

9 (b) RULEMAKING WITH RESPECT TO THE STATE, 

10 LOCAL, OR AGENCY PROVISION OF TOLL, USER FEE OR

11 FARE DISCOUNT PROGRAMS TO LOCAL RESIDENTS OR

12 COMMUTERS.—States, counties, municipalities, and multi13 jurisdictional transportation authorities that operate or 

14 manage roads, highways, bridges, railroads, busses, fer15 ries, or other transportation systems are authorized to 

16 enact such rules or regulations that may be necessary to 

17 establish the programs authorized under subsection (a). 

18 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

19 may be construed to limit or otherwise interfere with the 

20 authority, as of the date of the enactment of this Act, of 

21 States, counties, municipalities, and multi-jurisdictional 

22 transportation authorities that operate or manage roads, 

23 highways, bridges, railroads, busses, ferries, or other 

24 transportation systems. 

Æ 


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