Rep. Mike McMahon, D-New York, introduced HR 3960, the Residential and Commuter Toll Fairness Act, last year after a federal appeals court in New York ruled that a lower court must consider a lawsuit raising constitutional concerns about charging different toll prices to drivers based on their place of residence. The U.S. Court of Appeals for the Second Circuit in October 2009 reinstated a case, Selevan v. New York Thruway Authority, that challenged the constitutionality of toll discounts for residents of towns boring the thruway. That case remains pending in U.S. District Court for the Northern District of New York.

The bill contains 14 congressional findings regarding toll discount programs including that drivers who reside near toll facilities are forced to endure a significant or undue toll burden compared to other motorists and that states and other government agencies are justified in offering discounted tolls to these residents. The bill authorizes states and their political subdivisions to design and implement programs to issue or grant reductions or discounts in tolls to residents of specific localities.

Because the lawsuit in New York raises constitutional objections to such discounts, however, the practical effect of this legislation, should it be enacted, is unclear. Should a court find that toll discounts violate constitutional guarantees of equal protection of the laws, it could order a halt to such discounts regardless of Congress' stated position.

HR 3960 has now been referred to the Senate Commerce, Science, and Transportation Committee.

BPC Releases Study Examining Fairness of Tolling

A new paper released by the Bipartisan Policy Center's National Transportation Policy Project contends that implementation of road pricing can be an equitable way to pay for transportation projects.

"Road pricing would increase fairness over our current transportation finance system because it places the primary responsibility for paying for the system on those who use it," according to the paper.

The document also states that charging drivers for road use is fairer than sales taxes, an increasingly popular source of transportation revenue. Since those with higher incomes tend to drive more, those with the higher incomes are more likely to pay more tolls, BPC asserts.

Rep. Earl Blumenauer, D-Oregon, praised the paper during a briefing Wednesday at the Rayburn House Office Building in Washington.

"This is part of a fundamental discussion on how America will pay for what it wants and what it needs," Blumenauer said.

It is important to look at alternatives to the gas tax, he said, in favor of user fees to pay for infrastructure investments.

"Tolling is one way to reestablish a connection with road use and how we will pay for it," Blumenauer said.

The paper's author, UCLA Professor Brian Taylor, reviewed five case studies of road pricing in San Diego, Minneapolis/St. Paul, New York City, Germany, and Sweden. The report also suggests strategies to address potential concerns about road pricing equity.

A video of Wednesday's seminar and the 52-page report are available at bit.ly/BPC092910.