[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1329 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1329
To amend title 49, United States Code, to support efforts by States and
eligible local and regional entities to develop and implement plans to
reduce greenhouse gas emissions from the transportation sector, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2009
Mr. Blumenauer (for himself, Mrs. Tauscher, and Mr. LaTourette)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to support efforts by States and
eligible local and regional entities to develop and implement plans to
reduce greenhouse gas emissions from the transportation sector, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean, Low-Emission, Affordable, New
Transportation Efficiency Act''.
SEC. 2. TRANSPORTATION ALTERNATIVES.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end the following:
``CHAPTER 63--TRANSPORTATION ALTERNATIVES
``Sec.
``6301. Definitions.
``6302. Low Greenhouse Gas Transportation Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Recommendations.
``6306. Technical standards.
``6307. Report.
``6308. Funding.
``Sec. 6301. Definitions
``In this chapter:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Charrette.--The term `charrette' means an open,
collaborative, multi-day design session that--
``(A) includes a comprehensive description and
discussion of proposed plans and projects;
``(B) involves participation and input by
stakeholders and the public;
``(C) involves a collaborative process with a
series of feedback loops and responses to stakeholder
and public comments; and
``(D) is designed to produce 2 or more feasible
transportation greenhouse gas reduction plans to be
reviewed and evaluated through the stakeholder process
to find the most effective option.
``(3) Eligible regional or local entity.--The term
`eligible regional or local entity' means a metropolitan
planning organization designated under section 134(b) of title
23, or other governmental entity, multi-jurisdictional entity,
or tribal agency that is responsible for transportation.
``(4) Fund.--The term `Fund' means the Low Greenhouse Gas
Transportation Fund established under section 6302(a).
``(5) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, and
any other greenhouse gas or nongaseous emission that the
Administrator determines should be addressed in mobile source
greenhouse gas reduction plans.
``(6) Intercity passenger rail project.--The term
`intercity passenger rail project' has the meaning given the
term `capital project' in section 24401.
``(7) Scenario analysis.--The term `scenario analysis'
means an analysis that is conducted by identifying different
trends and making projections based on those trends to develop
a range of scenarios and estimates of how each scenario could--
``(A) improve access to goods and services,
including employment, education, and healthcare
(especially for the elderly and economically
disadvantaged communities); and
``(B) affect rates of--
``(i) motor vehicle miles traveled;
``(ii) motor vehicle hours of operation;
``(iii) use of petroleum-derived
transportation fuel; and
``(iv) greenhouse gas emissions from the
transportation sector.
``(8) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(9) State.--The term `State' means--
``(A) any of the several States;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(10) Transportation.--The term `transportation' means the
design, construction, operation, and maintenance of
transportation infrastructure, including highway facilities,
public transit, rail, bicycle, and pedestrian facilities, and
other modes of transporting people, goods, and services.
``Sec. 6302. Low Greenhouse Gas Transportation Fund
``(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the `Low Greenhouse Gas
Transportation Fund', consisting of such amounts as are deposited into
the Fund under section 6303(c). Amounts deposited into the Fund may be
used by the Secretary, without further appropriation, to carry out this
chapter.
``(b) Expenditures From Fund.--
``(1) In general.--Subject to the availability of funds
deposited under section 6303(c), upon the request of the
Secretary, the Secretary of the Treasury shall transfer from
the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide assistance for use in
implementing projects under plans developed pursuant to section
6308(b).
``(2) Administrative expenses.--Not more than 5 percent of
the amounts deposited in the Fund may be used to pay the
administrative expenses necessary to carry out this chapter.
``Sec. 6303. Auctioning
``(a) In General.--For each of calendar years 2012 through 2050,
the Administrator shall auction 10 percent of the emission allowances
established for each of those calendar years under any program in
effect providing for the regulation of greenhouse gas emissions and the
auctioning of emission allowances that is administered by the
Administrator.
``(b) Timing.--The auctions required for each calendar year
specified in subsection (a) shall be conducted over the course of at
least 4 sessions, spaced evenly over a period beginning 330 days
before, and ending 60 days after, the beginning of each such calendar
year.
``(c) Deposit of Proceeds.--The Administrator shall deposit into
the Fund the proceeds from each auction conducted under this section.
``Sec. 6304. Plans
``(a) Goal.--Each State and eligible regional or local entity shall
establish the goal of reducing greenhouse gas emissions from the
transportation sector during the 10-year period beginning on the date
of the enactment of this chapter by--
``(1) increasing mobility options;
``(2) reducing the number of miles traveled by motor
vehicle; and
``(3) reducing the use of petroleum-derived transportation
fuel.
``(b) Rulemaking.--Not later than 1 year after the date of the
enactment of this chapter, the Secretary, in consultation with the
Administrator, shall promulgate regulations for the development of--
``(1) transportation greenhouse gas reduction plans and
emission reduction targets for relevant jurisdictions; and
``(2) prioritized lists of greenhouse gas reduction
projects described under this chapter.
``(c) Development of Transportation Greenhouse Gas Reduction
Plans.--Each State and eligible regional or local entity, which
represents a population, as of the most recent decennial census, of
more than 200,000 individuals, shall develop a transportation
greenhouse gas reduction plan, and a prioritized list of projects to
support the plan, that are integrated into the long-range
transportation plans and transportation improvement programs required
under sections 134 and 135 of title 23, of the State or eligible
regional or local entity. Such plan and projects shall support the goal
established by the State or eligible regional or local entity under
subsection (a) by investing in--
``(1) new transit projects eligible for assistance under
chapter 53 (or the expansion of operations or frequency of
existing transit service);
``(2) an intercity passenger rail project;
``(3) sidewalks, crosswalks, bicycle paths, greenways,
pedestrian signals, pavement marking, traffic calming
techniques, modification of public sidewalks (including
projects to achieve compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and other
strategies to encourage pedestrian and bike travel;
``(4) additional freight rail capacity;
``(5) travel or demand management programs, including--
``(A) carpool, vanpool, or car-share projects;
``(B) congestion pricing measures;
``(C) programs to promote telecommuting, flexible
work schedules, or satellite work centers; and
``(D) intelligent transportation systems or other
operational improvements that are certified by the
Administrator to reduce greenhouse gas emissions;
``(6) updates to zoning and other land use regulations and
plans--
``(A) to coordinate with local, regional, and State
plans; or
``(B) to support infill, transit-oriented
development, or mixed-use development;
``(7) improvements in--
``(A) travel and land-use data collection; and
``(B) travel models to better measure greenhouse
gas emissions and emission reductions;
``(8) new, local street construction that enhances
connectivity, increases the efficiency of network performance,
and encourages the use of public transportation, pedestrian
walkways, or bicycle lanes; or
``(9) programs to reduce the greenhouse gas emissions from
materials or equipment associated with the construction of
transportation projects.
``(d) Voluntary Participation.--Any eligible regional or local
entity, which represents a population, as of the most recent decennial
census, of 200,000 or fewer individuals, may--
``(1) develop a transportation greenhouse gas reduction
plan and a prioritized list of projects in accordance with
subsection (c); and
``(2) if the entity submits such plan in accordance with
subsection (f), receive financial assistance under section
6308.
``(e) Reducing Single-Occupant Motor Vehicle Travel.--
Notwithstanding subsection (c), the transportation greenhouse gas
reduction plan and prioritized list of projects shall not include
projects that add new general purpose vehicle lanes or otherwise add
capacity for single occupant motor vehicles on the transportation
network.
``(f) Submission and Updating.--Each transportation greenhouse gas
reduction plan required under this section shall be--
``(1) submitted to the Secretary not later than 2 years
after the date of the enactment of this chapter; and
``(2) updated in coordination with updates to long-range
transportation plans and transportation improvement programs
required under sections 134 and 135 of title 23, to include an
analysis regarding the achievement of the goals of the plan by
the State or eligible regional or local entity, as applicable.
``(g) Approval.--
``(1) In general.--Subject to section 6306(b), not later
than 180 days after the date of submission of a transportation
greenhouse gas reduction plan under subsection (f)(1), the
Administrator, with the concurrence of the Secretary, shall
approve the plan if the Administrator determines that--
``(A) the plan is likely to achieve the goal
established by the State or eligible regional or local
entity, as the case may be, under subsection (a); and
``(B) the development of the plan targets and list
of projects complies with subsection (h).
``(2) Previously developed plans.--If a State or eligible
regional or local entity developed a plan to reduce greenhouse
gas emissions from the transportation sector before the date of
the enactment of this chapter, the State or eligible regional
or local entity shall be eligible to receive Federal financial
assistance under section 6308 if the Secretary, in consultation
with the Administrator, determines and certifies that the plan
meets the requirements under this chapter.
``(h) Analysis, Public Involvement, Coordination, Consultation, and
Other Requirements.--
``(1) In general.--Transportation greenhouse gas reduction
plans and project lists shall be developed with--
``(A) public involvement, including public comment
periods and public charrettes;
``(B) regional coordination, including coordination
between each State and--
``(i) eligible regional or local entities;
``(ii) the entities that develop
transportation greenhouse gas reduction plans;
and
``(iii) other transportation and air
quality agencies within the region in which the
State is located; and
``(C) consultation with representatives of--
``(i) the Environmental Protection Agency;
``(ii) the Department of Transportation;
and
``(iii) State and local housing, economic
development, and land use agencies.
``(2) Transportation emission reduction targets.--
Transportation emission reduction targets, at a minimum--
``(A) shall be established for the 10-year period
beginning on the date of the enactment of this chapter;
and
``(B) shall be reestablished for every subsequent
10-year period until the final year for which Federal
financial assistance is available under this chapter.
``(3) Use of most recent data.--Transportation greenhouse
gas reduction plans and emission reduction targets shall be
based on the most recent data and models that is available.
``(4) Analysis.--Transportation greenhouse gas reduction
plans shall include transportation, economic development, and
scenario analysis, including an assessment of the plan's impact
on access to jobs, health care, and education, especially for
elderly and economically-disadvantaged communities.
``Sec. 6305. Recommendations
``To effectively reduce greenhouse gas emissions from the
transportation sector, the Secretary and the Administrator shall
contract with the Transportation Research Board of the National Academy
of Sciences to conduct a study and submit a report to the Administrator
and the Secretary, not later than 1 year after the date of the
enactment of this chapter, which contains recommendations--
``(1) for improving research and tools to assess the effect
of State and local transportation, land use, and environmental
planning on motor vehicle usage rates and transportation sector
greenhouse gas emissions;
``(2) for improving Federal Government data sources that
are necessary to assess greenhouse gas emission data from the
transportation sector for use in developing transportation
greenhouse gas reduction plans under this chapter; and
``(3) regarding policies and projects to effectively reduce
greenhouse gas emissions from the transportation sector.
``Sec. 6306. Technical standards
``(a) Initial Standards.--Not later than 2 years after the date of
the enactment of this chapter, the Secretary, in consultation with the
Administrator and taking into consideration any recommendations
contained in the reports submitted under section 6305, shall establish
standards for transportation data collection, monitoring, planning, and
modeling.
``(b) Updates.--Not later than 5 years after the establishment of
standards under subsection (a), and every 5 years thereafter, the
Secretary, in consultation with the Administrator, shall update such
standards, as appropriate.
``(c) Effect on Approvals.--After standards are established under
this section, the Secretary shall approve any transportation greenhouse
gas reduction plan submitted under section 6304(g) that meets such
standards.
``Sec. 6307. Report
``Not later than 5 years after the date of the enactment of this
chapter, and every 5 years thereafter, the Administrator shall submit a
report to the committees of the Senate and of the House of
Representatives with jurisdiction over transportation and climate
change that describes--
``(1) the aggregate reduction in greenhouse gas emissions
from the transportation sector expected as a result of the
development and implementation of the transportation greenhouse
gas reduction plans;
``(2) the impact of other Federal policies and programs on
this chapter;
``(3) changes to Federal law that could improve the
performance of the transportation greenhouse gas reduction
plans; and
``(4) regulatory changes planned to improve the performance
of the transportation greenhouse gas reduction plans.
``Sec. 6308. Funding, implementation, and limitations
``(a) Development and Updating of Plans and Targets.--The Secretary
may allocate amounts deposited into the Fund for a fiscal year for
States, eligible regional and local entities, and, if the Secretary or
the Administrator determines necessary, State or local coordinating
agencies. Amounts allocated under this subsection shall be used to
develop and update transportation greenhouse gas reduction plans and
emission reduction targets under section 6304.
``(b) Implementation of Plans and Targets.--
``(1) In general.--The Secretary shall use at least 80
percent of the amounts deposited into the Fund for each fiscal
year--
``(A) to support the implementation of
transportation greenhouse gas reduction plans; and
``(B) to provide financial assistance to projects
described in the transportation greenhouse gas
reduction plans as being necessary to meet the goals
established by the States or eligible regional or local
entities submitting the plans.
``(2) Formula.--The Secretary, in coordination with the
Administrator, shall establish and regularly update a formula
for the allocation of amounts in accordance with paragraph (1)
that--
``(A) reflects the expected per capita reduction in
greenhouse gas emissions expected as a result of the
implementation of each transportation greenhouse gas
reduction plan approved under section 6304(g);
``(B) ensures that at least 60 percent of the
amounts are used to implement transportation greenhouse
gas reduction plans approved under section 6304(g) that
are developed by eligible regional or local entities;
``(C) emphasizes transportation greenhouse gas
reduction plans and project lists that increase
transportation options and mobility, particularly for
low-income individuals, cost-burdened households,
minorities, the elderly, households without motor
vehicles, and the disabled; and
``(D) during the 5-year period beginning on the
date of the enactment of this chapter, takes into
consideration reductions in greenhouse gas emissions
previously achieved by States and eligible regional or
local entities under transportation greenhouse gas
reduction plans approved under section 6304(g).
``(3) Cost-burdened household defined.--In this subsection,
the term `cost-burdened household' means a household that pays
more than 30 percent of the household's income for housing and
earns up to 200 percent of the Federal poverty threshold (as
defined by the Office of Management and Budget and annually
revised by the Secretary of Health and Human Services)
applicable to the number of inhabitants in such household.
``(4) Cost sharing.--The Federal share of the cost of a
project receiving Federal financial assistance under this
section shall be 80 percent.
``(c) Withholding Funds.--The Secretary may withhold any portion of
the amounts allocated for a State or eligible regional or local entity
for a fiscal year under this chapter if the Secretary or the
Administrator determines that the State or eligible regional or local
entity has not complied with the requirements under this chapter.
``(d) Land Use Authority.--Nothing in this chapter may be construed
to--
``(1) infringe upon the existing authority of local
governments to plan or control land use; or
``(2) provide or transfer authority over land use to any
other entity.
``(e) Limitations.--The Secretary may not approve any
transportation greenhouse gas reduction plan that proposes to use
amounts from the Fund for a project that would be inconsistent with
existing design, procurement, and construction guidelines established
by the Department of Transportation.
``(f) Congestion Pricing Measures.--All projects listed under
section 6304(c) shall be eligible to receive amounts collected through
congestion pricing measures funded under this chapter.''.
(b) Conforming Amendment.--The analysis for subtitle III of title
49, United States Code, is amended by inserting after the item relating
to chapter 61 the following:
``Chapter 63--Transportation Alternatives
``Sec.
``6301. Definitions.
``6302. Low Greenhouse Gas Transportation Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Recommendations.
``6306. Technical standards.
``6307. Report.
``6308. Funding.''.
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