High Cost of Maintenance Prompts Wyoming Legislators to Consider Tolling I-80

Over the objections of the oil and trucking industries, an interim committee voted to allow the Wyoming legislature to determine whether to toll all lanes on Interstate 80 due to a shortfall in the state transportation budget.

5 minute read

August 18, 2019, 11:00 AM PDT

By Irvin Dawid


Interstate 80

Tristan Brynildsen / Shutterstock

 Ramsey Scott, the Wyoming Tribune Eagle's state government reporter, via Wyoming News Exchange.

While the proposed legislation won approval Tuesday, that slim margin is indicative of the potential struggle awaiting it in 2020. Both the Wyoming Trucking Association and the Wyoming Petroleum Marketers Association testified against the bill as an unfair burden on the transportation industry, and said it will push drivers to alternative routes and cost businesses along the I-80 corridor money.

Committee co-chairman Sen. Michael Von Flatern, R-Gillette, has been a major proponent of tolling I-80 and said Wyoming has already spent years studying the issue. Instead, the Legislature should start to act on putting into motion a viable way to pay for infrastructure needs along I-80.

Transportation budget shortfall for I-80

According to Scott, "Wyoming first studied the idea of tolling I-80 back in 2008 and 2009, but the Legislature shelved that study and its recommendations in 2010.  [Wyoming Department of TransportationWYDOT again studied the issue in 2017, as one of several options to make up a growing deficit in highway maintenance funding."

As for the costs to maintain the interstate, "Shelby Carlson, chief engineer at WYDOT, said as of now, Wyoming spends about $60 million a year...but would need an additional $41.5 million to keep it in its current state."

The uphill road to tolling interstates

Due to the decision to finance the 1956 Interstate Highway Act with gas taxes rather than tolls, there exists a general prohibition on the imposition of tolls on existing interstate highways (pre-existing tolls were 'grandfathered', such as stretches of I-80 in IllinoisIndiana and Ohio). States must apply to the Federal Highway Administration (FHWA) for a waiver under four possible tolling programs.

Should the tolling legislation pass next year, WYDOT would likely apply for a waiver under the Interstate System Reconstruction and Rehabilitation Pilot Program to "fund needed reconstruction or rehabilitation on Interstate corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls" (per FHWA).

"While several states have applied to the Federal Highway Administration to use the program since its creation, none have actually followed through and approved a toll," adds Scott.

Do note below that Oregon applied last December under the same program and is awaiting approval, which appears "likely," and that Rhode Island not only received approval, though under a different tolling program, has been tolling heavy-duty trucks for almost a year.

Other states' attempts at interstate tolling

  • Pennsylvania: One of the first attempts at tolling an existing interstate also occurred on I-80, about 1,500 miles with the passage of Act 44 by the Pennsylvania General Assembly and signed by Gov. Ed Rendell in July 2007. It directed the Pennsylvania Turnpike Commission (PTC) and PennDOT to apply for a waiver under the same pilot program. The opposition was so strong that federal legislation, ultimately unsuccessful, was introduced by two Pennsylvania congressmen to ensure "freeways remain free" According to the PTC's Act 44 webpage:

In April 2010, FHWA denied Pennsylvania’s application to toll I-80. The FHWA interpretation of the Section 129 General Tolling Program is that the lease payments as proposed were inconsistent with the statutory requirements of the program. Specifically, the lease would have the effect of diverting toll revenues collected from the operation of I-80 to projects on other roads.

It also applied for a tolling prohibition waiver and under the ISRRP Program "to toll all lanes on or near the Abernethy Bridge on I-205 to raise revenue for a new or seismically retrofitted bridge at the Clackamas County chokepoint," reported Andrew Theen of The Oregonian on Jan. 10. "[T]he Federal Highway Administration said [on Jan. 8] both tolling proposals are 'likely eligible' to move forward."

Section 129 General Tolling Program allows tolling on new highways and new lanes added to existing highways, and on the reconstruction or replacement of bridges, tunnels and existing toll facilities.

A long wait for tolls

"Even if the [Wyoming] Legislature passes the 2020 bill, it would need to vote again in 2022 on a management plan for tolling and then seek federal approval," adds Scott. "[T]he earliest the state could expect to collect tolls would be 2029."

Related in Planetizen:

Hat tip to IBTTA Smart Brief.

[Editor's note: The Section 129 General Tolling Program was previously named as the ISRRP Program. The article was updated to correct the error.]

Wednesday, August 14, 2019 in Buffalo Bulletin

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25,% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Two yellow and white Dallas Area Rapid Transit light rail streetcars at station in Dallas, Texas.

North Texas Transit Leaders Tout Benefits of TOD for Growing Region

At a summit focused on transit-oriented development, policymakers discussed how North Texas’ expanded light rail system can serve as a tool for economic growth.

April 3, 2025 - KERA News

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

March 31, 2025 - Pennsylvania State University

Green and white interstate freeway signs pointing to Hayward and San Mateo and Half Moon Bay exits in Northern California.

San Mateo Formally Opposes Freeway Project

The city council will send a letter to Caltrans urging the agency to reconsider a plan to expand the 101 through the city of San Mateo.

30 minutes ago - Streetsblog San Francisco

Kingsbridge Armory, large hangar-like brick building in the Bronx, New York City with brick lower floors and glass/metal curved roof..

A Bronx Community Fights to Have its Voice Heard

After organizing and giving input for decades, the community around the Kingsbridge Armory might actually see it redeveloped — and they want to continue to have a say in how it goes.

1 hour ago - Shelterforce Magazine

Close-up of white sign with black text; line drawing of bike and 'BIKE LANE'

Houston Mayor Promises Dedicated Austin Street Bike Lane After Public Backlash

Although the one-way bike lane won’t be protected by physical barriers, the proposal is an improvement over the mayor’s initial plan to only include sharrows on the Austin Street project.

2 hours ago - Houston Chronicle