I 
115TH CONGRESS 
2D SESSION 
H. R. 5032 
To establish a pilot toll credit marketplace program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2018 
Mr. LIPINSKI introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To establish a pilot toll credit marketplace program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Toll Credit Market-
place Act’’. 
SEC. 2. TOLL CREDIT MARKETPLACE PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the toll credit marketplace pilot pro-
gram established under subsection (b). 
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(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 101 of title 23, United 
States Code. 
(4) TOLL
CREDIT.—The term ‘‘toll credit’’ 
means the credit that can be used toward the non- 
Federal share requirement under section 120(i) of 
title 23, United States Code. 
(5) TOLL
CREDIT
MARKETPLACE.—The term 
‘‘toll credit marketplace’’ means a market in which 
toll credits can be purchased and sold by States par-
ticipating in the pilot program. 
(b) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall es-
tablish and implement a pilot program to develop a toll 
credit marketplace for States to buy and sell toll credits. 
(c) PURPOSES.—The purposes of the pilot program 
are— 
(1) to identify whether a monetary value can be 
assigned to toll credits; 
(2) to identify the discounted rate of toll credits 
for cash; 
(3) to determine if the purchase of toll credits 
by States provides the purchasing State budget flexi-
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bility to deal with funding issues, including off-sys-
tem needs, transit systems with high operating costs, 
or cash flow issues; and 
(4) to test the feasibility of expanding the toll 
credit market to allow all States to participate on a 
permanent basis. 
(d) ADMINISTRATION.—In carrying out the pilot pro-
gram, the Secretary— 
(1) shall establish procedures for a toll credit 
marketplace; 
(2) shall establish an online platform that al-
lows participating States to offer and bid on toll 
credit purchases; 
(3) not later than 90 days after the date of en-
actment of this Act, shall provide notice to States 
that the Federal Highway Administration is request-
ing participants for the pilot program; 
(4) shall allow to participate in the pilot pro-
gram— 
(A) a State that maintains a toll credit 
balance accumulated before the date of enact-
ment of this Act; 
(B) a State that does not maintain infra-
structure for the collection of toll credits; and 
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(C) a State that has not accumulated a toll 
credit balance; and 
(5) shall not allow a State to purchase or sell 
toll credits in an amount that is less than 10 percent 
of the value of the toll credit value if applied as a 
non-Federal 
share 
requirement 
under 
section 
120(i)(1) of title 23, United States Code. 
(e) REPORTING REQUIREMENTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after notice of the pilot program is provided to the 
States under subsection (d)(3), the Secretary shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a report on the progress of the toll credit 
marketplace. 
(2) STATE REPORT.—Not later than 30 days 
after a purchase or sale in the toll credit market-
place under the pilot program— 
(A) a State selling toll credits shall provide 
to the Secretary information on the transaction, 
including— 
(i) the amount of cash received; 
(ii) the value of toll credits sold; 
(iii) the intended use of the cash; and 
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(iv) the remaining toll credit balance 
of the State; and 
(B) a State purchasing toll credits shall 
provide to the Secretary information on— 
(i) the value of toll credits purchased; 
(ii) the anticipated use of the toll 
credits; and 
(iii) plans for maintenance of effort 
for spending on Federal-aid highway 
projects. 
(3) ANNUAL REPORT.—Not later than 1 year 
after notice of the pilot program is provided to the 
States under subsection (d)(3) and each year there-
after that the pilot program is in effect, the Sec-
retary shall— 
(A) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environ-
ment and Public Works of the Senate a report 
that— 
(i) evaluates whether a toll credit 
marketplace is viable; 
(ii) describes the buying and selling 
activities of the toll credit marketplace; 
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(iii) determines the monetary value of 
toll credits; 
(iv) evaluates whether the pilot pro-
gram could be expanded to more States or 
all States; and 
(v) provides updated information on 
the toll credit balance accumulated by each 
State; and 
(B) make the report under subparagraph 
(A) publicly available on the website of the Sec-
retary. 
(f) MAINTENANCE OF EFFORT.—Except as provided 
in subsection (i)(2), a State participating in the toll credit 
marketplace shall be subject to section 120(i)(2) of title 
23, United States Code. 
(g) USE OF FUNDS RECEIVED FOR THE SALE.— 
(1) IN GENERAL.—A State that receives funds 
from the sale of a toll credit may use the funds only 
for a project eligible for assistance under chapter 1 
of title 23, United States Code, or chapter 53 of 
title 49, United States Code. 
(2) CERTIFICATION.—Before expending any 
funds received in exchange for a toll credit, the 
State shall— 
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(A) provide to the Secretary a certification 
that the funds will be used as described in 
paragraph (1); and 
(B) receive approval from the Secretary 
under paragraph (3). 
(3) APPROVAL.—Not later than 30 days after 
the receipt of a certification under paragraph (2), 
the Secretary shall send a notice of decision to the 
State that— 
(A) approves the certification; or 
(B)(i) disapproves the certification; and 
(ii) includes an explanation of the grounds 
for disapproval and recommendations for ad-
dressing the deficiencies. 
(4) APPEAL.—If the Secretary disapproves the 
certification under paragraph (3)(B)— 
(A) not later than 30 days after a State 
receives a notice of decision disapproving the 
certification, the State may ask the Secretary to 
reconsider the decision; and 
(B) not later than 60 days after the Sec-
retary receives a request to reconsider under 
subparagraph (A), the Secretary shall review 
the request and make a determination. 
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(h) METROPOLITAN PLANNING ORGANIZATION AND 
LOCAL GOVERNMENT TOLL CREDIT ALLOCATION.— 
(1) PURCHASE OF TOLL CREDITS.—On request 
of a metropolitan planning organization or local gov-
ernment in the State, and with a timely payment of 
the amount of the toll credits, a State may purchase 
toll credits under this section on behalf of the metro-
politan planning organization or local government. 
(2) ALLOCATION OF TOLL CREDITS.—On ap-
proval of the relevant metropolitan planning organi-
zation or local government, a State may allocate toll 
credits purchased by the State for use by the metro-
politan planning organization or local government. 
(i) LIMITATION ON USE OF FEDERAL FUNDS FOR 
THE PURCHASE OF TOLL CREDITS.— 
(1) LIMITATION
ON
FEDERAL
FUNDS.—A 
State, metropolitan planning organization, or local 
government may not use Federal funds to purchase 
toll credits on the toll credit marketplace. 
(2) USE OF TOLL CREDITS.—A State may use 
toll credits purchased under this section to meet not 
more than 10 percent of the non-Federal share re-
quirement for any funds made available to carry out 
chapter 1 of title 23, United States Code, or chapter 
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