House Passes McMahon Bill to Protect Residential Toll Discounts

Press Release

The U.S. House of Representatives unanimously passed H.R. 3960, the Residential Toll and Commuter Fairness Act of 2010, a bill sponsored by Rep. Michael E. McMahon (D-Staten Island/Brooklyn). The bill will protect Staten Island residential toll discounts on the Verrazano-Narrows Bridge, Bayonne and Goethals Bridges and the Outerbridge Crossing, as well as similar residential discount programs throughout New York and the country, from attack in the courts.

"Residential discounts are essential to our ability to travel to and from work and this bill will ensure that these discounts are protected for all Staten Islanders. Staten Islanders pay some of the highest tolls in the nation, and we are charged more tolls per capita than any other county in the country. This bill will help protect toll and fare discounts not only for Staten Islanders, but for commuters throughout New York and the nation who pay excessive toll burdens." said Rep. McMahon.

"Without these important toll discounts, Islanders would be forced to pay $11 to cross the Verrazano-Narrows Bridge, and $8 at the New Jersey crossings -- rates that, astoundingly, are scheduled to go even higher in the years ahead. One of the few breaks we get is a residential toll discount when we cross over into Brooklyn or Staten Island. This bill will continue to ensure that Staten Islanders pay less to go to work, the airport and to travel throughout the region -- and help us all keep more change in our pockets." said Congressman McMahon.

Rep. McMahon introduced H.R. 3960 in October 2009 in response to a decision that month by the U.S. Court of Appeals for the Second Circuit in the case Selevan v. New York Thruway Authority (Selevan), which alleges that toll discounts for New York residents of towns bordering the Thruway are unconstitutional, in part because they may violate the Commerce Clause. The Second Circuit decided to reinstate the case, which has now moved forward in New York's District Court for the Northern District where it was originally brought.

The Selevan decision may have a ripple effect on other cases currently pending in New York state -- specifically, Janes v. Triborough Bridge and Tunnel Authority (Janes), a 2006 case challenging the constitutionality of giving Staten Island residents a discount on the toll for the Verrazano-Narrows Bridge. The Janes case was stayed pending the Second Circuit's decision, which came down last October. A similar case challenging the constitutionality of residential discount programs is pending in the U.S. District Court for Massachusetts as well.

Through Rep. McMahon's bill, Congress is giving express authorization for residential and commuter toll discount programs under its authority under its Constitutional power to regulate interstate commerce, protecting these discounts from court challenge. A companion bill is pending in the Senate.

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