or commuters residing in, islands, peninsulas, or 
other places that have no other way of accessing 
those areas other than through a means that re-
quires them to pay a toll, user fee or fare. 
(5) Residents of, or commuters residing in, cer-
tain municipalities, counties or other localities or 
subdivisions thereof that endure significant or undue 
toll, user fee or fare burdens often pay far more for 
transportation access than residents of surrounding 
jurisdictions, or in jurisdictions across the country, 
for similar transportation options. 
(6) To address this inequality, and to reduce 
the financial hardship often imposed on residents of, 
or commuters residing in certain municipalities, 
counties or other localities or subdivisions thereof 
that endure significant or undue toll burdens, sev-
eral State and municipal governments, as well as 
agencies, departments, bureaus, offices, or subdivi-
sions thereof, as well as bi-State or multi-State 
transportation authorities or agencies, have devel-
oped and implemented programs to issue or grant 
discounted tolls, user fees or fares to these residents 
and commuters. 
(7) Transportation toll, user fee or fare dis-
count programs issued based on residential status do 
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not discriminate against those individuals who do 
not receive these discounts, but instead address ac-
tual unequal and undue financial burdens placed on 
residents of, or commuters residing in, certain juris-
dictions that have no other way of accessing those 
areas other than through a means that requires 
them to pay a toll, user fee or fare. 
(8) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, in order to allevi-
ate significant or undue toll burdens for residents or 
particular jurisdictions, do not disadvantage or dis-
criminate against those individuals ineligible for resi-
dential toll, user fee or fare discount programs. 
(9) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, in order to allevi-
ate significant or undue toll burdens for residents or 
particular jurisdictions, are not designed to favor the 
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interests, promote the domestic industry or the eco-
nomic development of the State implementing these 
programs. 
(10) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, do not interfere or 
impose undue burdens on commerce with foreign na-
tions, nor do they interfere or impose any undue 
burdens on commerce among the several States, or 
commerce within particular States. 
(11) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, do not interfere or 
impose undue burdens on the ability of individuals 
to travel among, or within, the several States. 
(12) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
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thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, do not constitute 
inequitable treatment nor do they deny any person 
within the jurisdiction of the United States the equal 
protection of the laws. 
(13) Transportation toll, user fee or fare dis-
count programs issued based on residential status by 
State and municipal governments, as well as agen-
cies, departments, bureaus, offices, or subdivisions 
thereof, as well as all bi-State or multi-State trans-
portation authorities or agencies, do not in any way 
abridge the privileges or immunities of citizens of 
the United States. 
(14) The Residential and Commuter Toll Fair-
ness Act of 2009 seeks to provide clarification of the 
existing authority of, and where necessary to provide 
express Congressional authorization for, State and 
municipal governments, as well as agencies, depart-
ments, bureaus, offices, or subdivisions divisions 
thereof, as well as all bis-tate or multi-State trans-
portation authorities or agencies, to issue or grant 
transportation toll, user fee or fare discount pro-
grams based on residential status. 
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SEC. 2. AUTHORIZATION OF LOCAL RESIDENTIAL OR COM-
MUTER TOLL, USER FEE OR FARE DISCOUNT 
PROGRAMS. 
(a) AUTHORITY TO PROVIDE RESIDENTIAL OR COM-
MUTER TOLL, USER FEE
OR FARE DISCOUNT PRO-
GRAMS.—State and municipal governments, as well as all 
agencies, departments, bureaus, offices, or subdivisions di-
visions thereof empowered to operate or manage roads, 
highways, bridges, rail, bus, ferry, or other transportation 
systems, as well as all bi-State or multi-State transpor-
tation authorities or agencies empowered to operate or 
manage roads, highways, bridges, rail, bus, ferry, or other 
transportation systems, shall each be authorized to design 
and implement programs to issue or grant reductions or 
discounts in tolls, user fees, or other transportation fares 
to residents of, or commuters residing in, specific local-
ities, municipalities or subdivisions thereof in order to re-
duce or alleviate toll burdens imposed upon residents of, 
or commuters residing in, those areas. 
(b) RULEMAKING WITH RESPECT TO THE STATE, 
LOCAL, OR AGENCY PROVISION OF TOLL, USER FEE OR 
FARE DISCOUNT PROGRAMS TO LOCAL RESIDENTS OR 
COMMUTERS.—State and municipal governments, as well 
as all agencies, departments, bureaus, offices, or subdivi-
sions thereof empowered to operate or manage roads, 
highways, bridges, rail, bus, ferry, or other transportation 
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systems, as well as all bi-State or multi-State transpor-
tation authorities or agencies empowered to operate or 
manage roads, highways, bridges, rail, bus, ferry, or other 
transportation systems, shall each be authorized to enact 
such rules or regulations that may be necessary to carry 
out the authority provided in subsection (a). 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed as limiting in any way or otherwise 
interfering with existing authority of State and municipal 
governments, as well as all agencies, departments, bu-
reaus, offices, or subdivisions divisions thereof empowered 
to operate or manage roads, highways, bridges, rail, bus, 
ferry, or other transportation systems, as well as all bi- 
State or multi-State transportation authorities or agencies 
empowered to operate or manage roads, highways, bridges, 
rail, bus, ferry, or other transportation systems as of the 
enactment date of this Act. 
Æ 
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