If two sections in the highway and transit funding bill make their way through Congress, pilot programs would pave the way for six portions of the existing interstate system to be converted to tolled facilities.

The highway and transit funding bill - formally known as the Transportation Equity Act: A Legacy for Users, or TEA LU - has two sections, 1603 and 1604, that will start up toll pilot programs.

The House Transportation Committee approved the bill Wednesday, March 2. The next step is the House floor, and the bill is expected to be discussed Wednesday and Thursday, March 9-10.

Section 1603 of the bill would create an interstate toll pilot program that would allow three portions of the current interstate system to be converted to toll routes. The tolls from these highways, bridges or tunnels would pay for the rehabilitation and reconstruction of those toll facilities.

Section 1604 of the bill would create another interstate toll pilot program that would allow another three portions of the current interstate system to be converted to toll routes. The tolls from these facilities would fund new construction.

Aside from the fact that these two sections set up more toll facilities, be they on highways, bridges or tunnels, the provisions have other problems - huge problems.

Will they ever go away?
Pilot programs are frequently nothing more than the government showing us a miniature version of how it is going to do things everywhere later.

Some pilot programs - particularly in our highly regulated trucking industry - are a lot like a bad virus. Once they show up, you're not going to see them go away. They just keep spreading, growing and mutating.

The sections of the highway bill setting up the pilot programs give the Department of Transportation a decade to accept three applicants for the pilot program. There is no timeline outlined as to how long tolls will be collected through the pilot programs.

Kicking the door open
The pilot programs also kick the door wide open for privatization of toll roads on the federal level - essentially turning parts of the existing interstate system private.

And the private interests won't be going broke. The spending of the money collected from tolls in the pilot programs is touched on in the provisions. Both pilot programs allow for "a reasonable return on investment of any private person financing the project."

The sections tread lightly around the privatization aspect in that if passed, they would require states applying to the pilot program give "preference" to the use of a public toll agency.

The sections also prevent states from getting into "non-compete" agreements with private companies that would keep the states from improving or expanding adjacent public roadways.

Privatization of public works is nothing new - at least on a state level. According to Newsday.com, 21 states are either in the process of selling or have already sealed deals to sell various parts of their infrastructures to private interests.

It's not how many, it's the miles
Another huge problem with the provisions is that while each one allows for the conversion of only three portions of the interstate system into toll facilities - and they all have to be in different states - there's no telling where those three facilities might pop up.

The criteria and selection process is very basic and allows just about any state to apply to get part of its interstate system hooked up with the pilot program.

Between the two pilot programs, a huge chunk of the nation's interstate system could be turned to toll facilities - and in some pretty serious truck lanes.

California could petition to get its I-5 corridor in one of the programs, while Texas could jump in and petition to get its portion of I-35 included. And, if Pennsylvania follows through with its long-held desire to add I-80 to the mix, you won't have a non-toll interstate route out of the Northeast.

And even though none of the routes can be in the same state, look what could happen to the I-70 corridor through the Midwest if Missouri, Kansas and Colorado all got their portions of I-70 named to the program.

--By Jami Jones, Land Line staff
jami_jones@landlinemag.com