Tolling Transparency Act of 2023

“(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.”