HR4982-118

1. Short title This Act may be cited as the Tolling Transparency Act of 2023.

2. Requirements for tolling Section 129(a) of title 23, United States Code, is amended— in paragraph (3)(B)(i), by striking paragraph (9)(C) and inserting paragraph (10)(C); in paragraph (6), by striking paragraph (3) and inserting paragraph (4); in paragraph (9)(C)(i)(II), by striking paragraph (3)(B) and inserting paragraph (4)(B); by redesignating paragraphs (3) through (11) as paragraphs (4) through (12), respectively; and by adding after paragraph (2) the following: As part of any review process that may be required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed toll facility under this subsection or a proposed project that uses tolls carried out under subsection (d), the Secretary shall conduct an economic impact study examining— the impact of such toll facility or project on businesses and communities; significant impacts due to the diversion of traffic onto county and city roadways; the level of confidence that any negative impacts of such toll facility or project can or will be adequately mitigated, or that any suggested mitigation will be implemented in time to prevent significant impacts when tolling is scheduled to begin; the level of confidence in modeling analysis completed for such toll facility or project; and the impact of such toll facility or project on low-income residents and seniors. A public authority with jurisdiction over a toll facility or project described in subparagraph (A) may not collect a toll of any kind for any purpose unless the economic impact study described in subparagraph (A) is completed. If the Secretary determines that the results of such economic impact study indicate that such toll facility or project would have an unreasonable adverse impact, the Secretary may prohibit such toll facility or the use of tolls in such project. Section 129(d)(6)(B)(v) of title 23, United States Code, is amended by striking subsection (a)(3) and inserting subsection (a)(4). Section 166(c)(2) of title 23, United States Code, is amended by striking section 129(a)(3) and inserting section 129(a)(4). Section 535f of title 33, United States Code, is amended by striking section 129(a)(3) and inserting section 129(a)(4). (3)Economic impact study included in NEPA review(A)In generalAs part of any review process that may be required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed toll facility under this subsection or a proposed project that uses tolls carried out under subsection (d), the Secretary shall conduct an economic impact study examining—(i)the impact of such toll facility or project on businesses and communities;(ii)significant impacts due to the diversion of traffic onto county and city roadways;(iii)the level of confidence that any negative impacts of such toll facility or project can or will be adequately mitigated, or that any suggested mitigation will be implemented in time to prevent significant impacts when tolling is scheduled to begin;(iv)the level of confidence in modeling analysis completed for such toll facility or project; and(v)the impact of such toll facility or project on low-income residents and seniors.(B)Limitation on tolling(i)In generalA public authority with jurisdiction over a toll facility or project described in subparagraph (A) may not collect a toll of any kind for any purpose unless the economic impact study described in subparagraph (A) is completed.(ii)Discretion of SecretaryIf the Secretary determines that the results of such economic impact study indicate that such toll facility or project would have an unreasonable adverse impact, the Secretary may prohibit such toll facility or the use of tolls in such project. .