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TN Senate passes bill that would allow 'user fee' roads to be built across state

The bill, SB 0273, was introduced by Senator Jack Johnson (R - Franklin).

NASHVILLE, Tenn. — Lawmakers were expected to vote on a bill allowing the Tennessee Department of Transportation to collect "user fees" on some roads across the state on Monday. It passed the Senate on Monday.

The bill, SB 0273, was introduced by Senator Jack Johnson (R - Franklin). It shares many of the same proposals that TDOT and Governor Bill Lee addressed when they discussed ways to address issues with the state's roads.

TDOT previously proposed its "Build With Us" plan, which would involve using "Public-Private Partnerships" to address growing congestion concerns. In that proposal, they said the congestion on state roads, longer times to complete projects and fewer workers in its ranks were three major challenges facing the state in coming years.

They previously said they would need an additional $26 billion in funding to address the issues and keep pace with the state's growth.

In December, Gov. Lee also said he was considering allowing express toll lanes on highways to help fund the department. He also said he was considering whether to triple the fee for electric car owners.

The bill says that the General Assembly intends to generate funds for the department by "authorizing user fees as an additional and alternative method for funding or financing the development and operations of highways and appurtenant facilities or other transportation-related facilities."

It requires TDOT projects that involve user fees to "be in accordance with the department's long-range statewide transportation plan." It also requires TDOT to specifically identify proposed user fee projects in the transportation improvement program given to the General Assembly.

The project would also need to be submitted to a new Transportation Modernization Board for approval, and development on the project could not be continued until it is approved. The board would be made up of five members.

TDOT would also need to consider the economic, social and environmental effects of the projects. They would need to get an environmental evaluation that includes public comments, including comments from a metropolitan planning organization or rural planning organization, before developing the final construction plans.

The bill also specifically says that user-fee facility projects would be subject to public hearings, and TDOT would need to hold these hearings during the environmental evaluation of the project.

The bill says emergency vehicles would not need to pay the user fee if they are responding to an emergency or displaying a flashing light, and neither would cars operated by a public transit authority, such as buses.

The bill says anyone who uses a user-fee facility and does not pay the fee within 90 days would face a Class-C misdemeanor and could be fined up to $50. If someone does not pay the fee three times of more, the bill says their vehicle registration could be suspended.

The House Finance Ways and Means Committee is expected to discuss the House version of the bill, HB 0321, on Tuesday.

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