I 
114TH CONGRESS 
1ST SESSION H. R. 2172 
To establish a pilot toll credit market place program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2015 
Mr. LIPINSKI (for himself and Mr. DUNCAN of Tennessee) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To establish a pilot toll credit market place 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. TOLL CREDIT MARKETPLACE PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall establish 
and implement a pilot program to develop a toll credit 
marketplace for States to buy and sell toll credits. 
(b) PURPOSES.—The purposes of the pilot program 
are— 
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(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-
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. 
(c) ADMINISTRATION OF PILOT PROGRAM.—In car-
rying out the pilot program under this Act, the Secretary, 
working through the Administrator of the Federal High-
way Administration, shall determine how a toll credit mar-
ketplace will work and— 
(1) establish an online platform that allows par-
ticipating States to offer and bid on toll credit pur-
chases; 
(2) not later than 90 days after the date of en-
actment of this Act, provide notice to States that the 
Federal Highway Administration requests partici-
pants for the toll credit marketplace; 
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(3) allow States that maintain a toll credit bal-
ance accumulated before the enactment of this Act 
and States that do not maintain infrastructure for 
the collection of toll credits or have not accumulated 
a toll credit balance to participate in the pilot pro-
gram; and 
(4) not allow a State to purchase or sell toll 
credits in an amount that is less than 5 percent of 
the toll credit’s value if applied as a non-Federal 
share requirement under section 120(i)(1) of title 
23, United States Code. 
(d) REPORTING REQUIREMENTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after notice of the pilot program is provided to the 
States under subsection (c)(2), the Secretary shall 
notify the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate on the progress of the toll credit market-
place. 
(2) STATE REPORT.—Not later than 30 days 
after a purchase or sale in the toll credit market-
place, a State selling toll credits shall provide the 
Administrator of the Federal Highway Administra-
tion with information on the transaction, the amount 
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of cash received and the value of toll credits sold, on 
the intended use of the cash, and an update on the 
State’s remaining toll credit balance. A State pur-
chasing toll credits shall provide the Administrator 
of the Federal Highway Administration with infor-
mation on the value of toll credits purchased, the 
anticipated use of the toll credits, and plans for 
maintaining maintenance of effort for spending on 
Federal-aid highways projects. 
(3) ANNUAL REPORT.—Not later than 1 year 
and after notice is given under subsection (c)(2) and 
each year thereafter that the pilot program is in ef-
fect, the Secretary shall submit a report to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate and 
make such report publicly available on its website 
that— 
(A) determines whether a toll credit mar-
ketplace is viable; 
(B) describes of the buying and selling ac-
tivities of the toll credit marketplace; 
(C) determines of the monetary value of 
toll credits; 
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(D) determines whether the pilot program 
could be expanded to more States and or all 
States; and 
(E) provides updated information on the 
toll credit balance accumulated by each State. 
(e) DEFINITIONS.— 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(2) TOLL
CREDIT.—The term ‘‘toll credit’’ 
means the credit that can be used for non-Federal 
share under section 120(i) of title 23, United States 
Code. 
(3) TOLL
CREDIT
MARKETPLACE.—The term 
‘‘toll credit marketplace’’ means a market where toll 
credits can be purchased and sold by States partici-
pating in the pilot program. 
(4) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
and any territory or possession of the United States, 
including the Virgin Islands. 
(f) MAINTENANCE
OF EFFORT.—A State partici-
pating in the toll credit marketplace shall continue to be 
subject to requirements of section 120(i)(2) of title 23, 
United States Code. 
(g) USE OF FUNDS RECEIVED FOR THE SALE.— 
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(1) CERTIFICATION.—A State receiving funds 
in exchange for a toll credit shall be required to cer-
tify that the proceeds will be used for highway, tran-
sit, and other related projects and must receive ap-
proval from the Federal Highway Administration be-
fore expending such funds. 
(2) APPROVAL.—Not later than 30 days after 
the receipt of a certification under paragraph (1), 
the Federal Highway Administration shall send a 
notice of decision approving or rejecting the State’s 
submission. A notice of disapproval shall be accom-
panied by an explanation of the grounds for dis-
approval and provide recommendations for resubmit-
ting a certification that will be approved. 
(3) APPEAL.—Not later than 30 days after a 
State receives a notice of decision to reject its sub-
mission, such State may appeal the decision to the 
Secretary of Transportation who, not later than 60 
days after receipt, shall review and adjudicate such 
appeal. 
(h) METROPOLITAN PLANNING ORGANIZATION AND 
LOCAL GOVERNMENT TOLL CREDIT ALLOCATION.— 
(1) PURCHASE OF TOLL CREDITS.—Upon re-
quest of an interested metropolitan planning organi-
zation or local government, a State may purchase 
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toll credits on behalf of a metropolitan planning or-
ganization or local government upon request and 
timely payment of the amount of such credits by 
such organization or government. 
(2) ALLOCATION OF TOLL CREDITS.—A State 
purchasing toll credits without prior requests from a 
metropolitan planning organization or local govern-
ment may allocate those toll credits for use by a 
metropolitan planning organization or local govern-
ment upon approval by the board of leadership of 
such metropolitan 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.—Any recipient of 
Federal funding under Title 23 or Title 49 that pur-
chases toll credits under this Act may not use such 
toll credits for more than 10 percent of its annual 
apportionment in any fiscal year. 
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SEC. 2. TOLL CREDIT ELIGIBILITY AS COLLATERAL UNDER 
THE RAILROAD REHABILITATION AND IM-
PROVEMENT FINANCING PROGRAM. 
Section 822(f) of title 45, United States Code, is 
amended by adding after section 822(f)(2)(A) the fol-
lowing: 
‘‘(i) collateral that is eligible for use 
in an application includes credits earned 
under section 120(i) of title 23, United 
States Code.’’. 
Æ 
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