HIGHWAYS; TOLL ROADS;

TOLLS;

You asked by what procedure Connecticut might be able to reinstitute tolls on some of its federally-aided highways. You also wanted to know if federal funds would have to be repaid if this was done. Finally, you asked if any states utilize tolls that are either in effect only during certain peak periods or vary based on peak versus non-peak travel periods.

TOLLS ON FEDERAL-AID ROADS

We have previously written extensively on the issues related to reinstituting tolls on Connecticut roads receiving federal aid and the restrictions and constraints associated with proposals to put tolls on state roads that are part of the Interstate Highway System. We refer you to OLR Report 2001-R-0878, a copy of which is attached, for a detailed response to your first question.

In summary, federal law generally prohibits roads receiving federal aid from having tolls. Notwithstanding this general prohibition, there are certain roads that are part of the Interstate Highway System that are, in fact, tolls roads. These are expressways built without federal aid that were accepted by Congress as part of the Interstate System in their toll-captive state, but they did not receive federal aid. In many cases, they pre-dated the creation of the Interstate Highway System in 1956. The Ohio Turnpike, Pennsylvania Turnpike, Indiana Toll road, New York Thruway, Massachusetts Turnpike, and the portion of I-95 in Connecticut that was designated as the Connecticut Turnpike are a few examples of these types of roads.

As we explain in OLR Report 2001-R-0878, over the last several years, Congress has created a limited number of exceptions to the toll prohibition. The exceptions discussed in the report include:

• Constructing a new non-Interstate highway, bridge, or tunnel as a toll facility

• Reconstructing an existing non-Interstate free highway and converting it to a toll road

• Reconstructing an existing toll facility

• Reconstructing or replacing a free bridge or tunnel and converting it to a toll facility

• Interstate Toll Pilot Projects (three authorized)

• Value Pricing Pilot Projects (participation by up to 15 states is authorized)

The latter two exceptions involve several specific requirements and constraints that are discussed fully in the report.

“LIMITED” TIME-OF-DAY TOLLS

We found no examples of tolls systems that charge tolls only during certain periods of the day, but there are several examples of tolls facilities where the toll collected varies either by time of day or traffic level. There are two examples of variable tolls that were instituted in association with an existing free Interstate highway. In San Diego, California (I-15) and on the Katy Freeway in Houston, Texas (I-10), variable tolls have been instituted on the high occupancy vehicle (HOV) lanes that already existed and were separated from the untolled lanes on the rest of the Interstate highway. Both of these initiatives were undertaken as part of the Value Pricing Pilot Program exception noted above. While there are other variable toll dedicated lane projects (such as the SR91 Express Lanes in Orange County, California), these are the only two that are associated with Interstate highways. Only the HOV lanes have tolls, the rest of the highway is maintained toll-free.

Some examples of toll facilities that are currently charging higher tolls during peak traffic periods or discounting toll rates during non-peak periods on existing toll facilities include:

• The Cape Coral and Midpoint Memorial toll bridges in Lee County, Florida (connecting Cape Coral and Fort Meyers)

• The New Jersey Turnpike for users of the electronic “EZ-Pass” toll collection system

• Certain bridges and tunnels under the authority of the Port Authority of New York and New Jersey (George Washington Bridge, Lincoln Tunnel, Holland Tunnel, Goethals Bridge, Outerbridge Crossing, and Bayonne Bridge)

Studies for creating tolled HOV lanes adjacent to free Interstate highways are nearing completion in Denver, Colorado for I-25 and Alameda County, California (I-880 in the Oakland area and I-680 in the silicon Valley).

Pennsylvania is studying the feasibility of implementing variable tolls on the Pennsylvania Turnpike and Florida is doing the doing the same for the section of the Florida turnpike in Miami-Dade County.

JF: ts