Express Lanes Demonstration Program. Section 1604(b) of the Act creates a new "Express Lanes Demonstration Program," limited to 15 projects during FY 2005 through FY 2009. This provision permits tolling of:
• existing tolled facilities;
• existing high occupancy vehicle (HOV) facilities;
• facilities that are "modified or constructed after the date of enactment of this Act to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds)"; and
• in the case of a new lane added to a previously non-tolled facility, only the new lane.
The Express Lanes program does not authorize tolling of existing lanes, other than lanes modified to create additional tolled lane capacity and existing HOV lanes.
The provision contemplates private investment in Express Lanes. Subsection (b)(2) provides that tolls may be collected by "a public or private entities [sic] designated by States." Revenues may be used for (I) debt service; (II) a reasonable return on investment of any private financing; (III) the costs necessary for the proper operation and maintenance of such facilities (including reconstruction and rehabilitation), or (IV) if the operating entity annually certifies that the facility is being adequately operated and maintained, any other purpose relating to a highway or transit project "carried out" under Title 23 or 49.
The Express Lanes provision contains some special requirements. Subsection (b)(5) requires tolls to be collected only through the use of non-cash electronic technology. Variable pricing is required for tolled HOV lanes and optional for other lanes. The Secretary is also directed to adopt a rule specifying standards for automated toll collection systems implemented under this section.
Value Pricing Pilot Program Continued. Section 1604(a) of the Act authorizes funding for the Value Pricing Pilot Program (23 USC §149 (note)) for FY 2005 through FY 2009, continuing the program originally authorized by Section 1216(a) of TEA-21. No substantive changes in existing law were made. Projects submitted for approval under the VPPP must have the potential to reduce congestion, improve system performance and promote mobility through the use of value pricing (i.e. variable priced tolling), including in the commercial freight sector.
The 15 states that have been approved to participate in the VPPP program are: California; Colorado; Florida; Georgia; Illinois; Maryland; Minnesota; New Jersey; North Carolina; Ohio; Oregon; Pennsylvania; Texas; Virginia; and Washington.