Tolling Transparency Act of 2023

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

(a) In general. Section 129(a) of title 23, United States Code, is amended— (1) in paragraph (3)(B)(i), by striking paragraph (9)(C) and inserting paragraph (10)(C) ; (2) in paragraph (6), by striking paragraph (3) and inserting paragraph (4) ; (3) in paragraph (9)(C)(i)(II), by striking paragraph (3)(B) and inserting paragraph (4)(B) ; (4) by redesignating paragraphs (3) through (11) as paragraphs (4) through (12), respectively; and (5) by adding after paragraph (2) the following: (3) Economic impact study included in NEPA review (A) In general 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— (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 general 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. (ii) Discretion of Secretary 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. .

(b) Conforming changes. (1) Congestion relief program Section 129(d)(6)(B)(v) of title 23, United States Code, is amended by striking subsection (a)(3) and inserting subsection (a)(4) . (2) HOV facilities Section 166(c)(2) of title 23, United States Code, is amended by striking section 129(a)(3) and inserting section 129(a)(4) . (3) Applicability of provisions for international bridges Section 535f of title 33, United States Code, is amended by striking section 129(a)(3) and inserting section 129(a)(4) .