To amend title 23, United States Code, to empower State and local authorities with tools to eliminate congestion on the Interstate System.

April 11, 2003

Mr. KENNEDY of Minnesota (for himself and Mr. SMITH of Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 23, United States Code, to empower State and local authorities with tools to eliminate congestion on the Interstate System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Freeing Alternatives for Speedy Transportation (FAST) Act'.

SEC. 2. INTERSTATE SYSTEM.

(a) IN GENERAL- Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 165. Fast fees

`(a) ESTABLISHMENT- The Secretary shall establish and implement an Interstate System FAST Lanes program under which the Secretary, notwithstanding sections 129 and 301, shall permit a State, or a public or private entity designated by the State, to collect fees to finance the expansion of a highway by constructing additional lanes on the Interstate System for the purpose of reducing traffic congestion.

`(b) ELIGIBILITY- To be eligible to participate in the program, a State shall submit to the Secretary an application that contains the following:

`(1) An identification of the additional lanes to be constructed on the Interstate System under the program.

`(2) In the case of additional lanes that affect a metropolitan area, an assurance that the metropolitan planning organization established under section 134 for the area has been consulted during the planning process concerning the placement and amount of fees on the additional lanes.

`(3) A facility management plan that includes--

`(A) a plan for implementing the imposition of fees on the additional lanes;

`(B) a schedule and finance plan for construction, operation, and maintenance of the additional lanes using revenues from fees; and

`(C) a description of the public or private entities that will be responsible for implementation and administration of the program.

`(c) SELECTION CRITERIA- The Secretary shall approve the application of a State under subsection (b) only if the Secretary determines that the State has met the requirements of such subsection.

`(d) AGREEMENT REQUIREMENTS; AUDITS- Before the Secretary may permit a State to participate in the program, the State must enter into an agreement with the Secretary that provides that--

`(1) fees shall be collected only by using non-cash electronic technology;

`(2) all revenues from fees received from operation of FAST lanes shall be used only for--

`(A) debt service related to the investment in FAST lanes;

`(B) reasonable return on investment of any private entity financing the project as determined by the State; and

`(C) any costs necessary for the improvement of and the proper operation and maintenance, including reconstruction, resurfacing, restoration, and rehabilitation of FAST lanes and existing lanes only--

`(i) if such improvement is necessary to integrate existing lanes with the additional FAST lanes; and

`(ii) while fees are collected;

`(3) fees may be collected only for FAST lanes and may not be collected for existing lanes;

`(4) use of FAST lanes shall be voluntary;

`(5) revenues from fees received from operation of FAST lanes may not be used for any other project;

`(6) once the project is complete and the costs and revenue described in paragraph 2 are met, no additional fees may be collected; and

`(7) annual audits shall be conducted while fees are collected to ensure compliance with paragraphs (1) through (5) and the results of such audits shall be transmitted to the Secretary.

`(e) APPORTIONMENT- Revenues collected from FAST lanes shall not be taken into account in determining the apportionments and allocations that any State or transportation district within a State shall be entitled to receive under or pursuant to this chapter.'.

(b) CONFORMING AMENDMENT- The analysis for such chapter is amended by inserting after the item relating to section 164 the following:

`165. Fast fees.'.

SEC. 3. TOLL FEASIBILITY.

Section 106 of title 23, United States Code, is amended by adding at the end the following:

`(i) TOLL FEASIBILITY- The Secretary shall conduct a study for a project under this title with an estimated total cost of $50,000,000 or more to determine--

`(1) if a toll facility for such project is feasible; and

`(2) if privatizing the construction, operation, and maintenance of the facility is financially advisable (while retaining legal and administrative control of the portion of the Interstate route).'.

SEC. 4. FREEDOM TO COLLECT TOLLS.

Section 301 of title 23, United States Code, is amended by inserting before the comma the following: `and section 165'.

END