Transportation Alternatives Enhancements Act

I 117TH CONGRESS 1ST SESSION H. R. 463 To amend title 23, United States Code, to provide a set aside for transportation alternatives. IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 2021 Mr. ESPAILLAT (for himself and Mr. LARSEN of Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to provide a set aside for transportation alternatives. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transportation Alter- 4 natives Enhancements Act’’. 5 SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. 6 Section 133(h) of title 23, United States Code, is 7 amended to read as follows: 8 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM 9 SET ASIDE.— 10 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 463 IH ‘‘(1) SET ASIDE.—For each fiscal year, of the 1 total funds apportioned to all States under section 2 104(b)(2) for a fiscal year, the Secretary shall set 3 aside an amount such that— 4 ‘‘(A) the Secretary sets aside a total 5 amount under this subsection for a fiscal year 6 equal to 10 percent of such total funds; and 7 ‘‘(B) the State’s share of the amount set 8 aside under subparagraph (A) is determined by 9 multiplying the amount set aside under sub- 10 paragraph (A) by the ratio that— 11 ‘‘(i) the amount apportioned to the 12 State for the transportation enhancement 13 program for fiscal year 2009 under section 14 133(d)(2), as in effect on the day before 15 the date of enactment of MAP–21; bears 16 to 17 ‘‘(ii) the total amount of funds appor- 18 tioned to all States for the transportation 19 enhancements program for fiscal year 20 2009. 21 ‘‘(2) ALLOCATION WITHIN A STATE.— 22 ‘‘(A) IN GENERAL.—Except as provided in 23 subparagraph (B), funds set aside for a State 24 under paragraph (1) shall be obligated within 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 463 IH that State in the manner described in sub- 1 sections (d) and (e), except that, for purposes 2 of this paragraph (after funds are made avail- 3 able under paragraph (5))— 4 ‘‘(i) for each fiscal year, the percent- 5 age referred to in paragraph (1)(A) of sub- 6 section (d) shall be deemed to be 66 per- 7 cent; and 8 ‘‘(ii) paragraph (3) of subsection (d) 9 shall not apply. 10 ‘‘(B) LOCAL CONTROL.— 11 ‘‘(i) IN GENERAL.—A State may make 12 available up to 100 percent of the funds 13 set aside under paragraph (1) to the enti- 14 ties described in subclause (I) if the State 15 submits to the Secretary, and the Sec- 16 retary approves, a plan that describes— 17 ‘‘(I) how such funds shall be 18 made available to metropolitan plan- 19 ning organizations, regional transpor- 20 tation planning organizations, coun- 21 ties, or other regional transportation 22 authorities; 23 ‘‘(II) how the entities described 24 in subclause (I) shall select projects 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 463 IH for funding and how such entities 1 shall report selected projects to the 2 State; 3 ‘‘(III) the legal, financial, and 4 technical capacity of such entities; and 5 ‘‘(IV) the procedures in place to 6 ensure such entities comply with the 7 requirements of this title. 8 ‘‘(ii) REQUIREMENT.—A State that 9 makes funding available under a plan ap- 10 proved under this subparagraph shall make 11 available an equivalent amount of obliga- 12 tion authority to the entities described in 13 clause (i)(I). 14 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 15 under this subsection may be obligated for any of 16 the following projects or activities: 17 ‘‘(A) Construction, planning, and design of 18 on-road and off-road trail facilities for pedes- 19 trians, bicyclists, and other nonmotorized forms 20 of transportation, including sidewalks, bicycle 21 infrastructure, pedestrian and bicycle signals, 22 traffic calming techniques, lighting and other 23 safety-related infrastructure, and transportation 24 projects to achieve compliance with the Ameri- 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 463 IH cans with Disabilities Act of 1990 (42 U.S.C. 1 12101 et seq.). 2 ‘‘(B) Construction, planning, and design of 3 infrastructure-related projects and systems that 4 will provide safe routes for nondrivers, includ- 5 ing children, older adults, and individuals with 6 disabilities to access daily needs. 7 ‘‘(C) Conversion and use of abandoned 8 railroad corridors for trails for pedestrians, 9 bicyclists, or other nonmotorized transportation 10 users. 11 ‘‘(D) Construction of turnouts, overlooks, 12 and viewing areas. 13 ‘‘(E) Community improvement activities, 14 including— 15 ‘‘(i) inventory, control, or removal of 16 outdoor advertising; 17 ‘‘(ii) historic preservation and reha- 18 bilitation of historic transportation facili- 19 ties; 20 ‘‘(iii) vegetation management prac- 21 tices in transportation rights-of-way to im- 22 prove roadway safety, prevent against 23 invasive species, and provide erosion con- 24 trol; and 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 463 IH ‘‘(iv) archaeological activities relating 1 to impacts from implementation of a trans- 2 portation project eligible under this title. 3 ‘‘(F) Any environmental mitigation activ- 4 ity, including pollution prevention and pollution 5 abatement activities and mitigation to address 6 stormwater management, control, and water 7 pollution prevention or abatement related to 8 highway construction or due to highway runoff, 9 including activities described in sections 328(a) 10 and 329. 11 ‘‘(G) Projects and strategies to reduce ve- 12 hicle-caused wildlife mortality related to, or to 13 restore and maintain connectivity among terres- 14 trial or aquatic habitats affected by, a transpor- 15 tation facility otherwise eligible for assistance 16 under this subsection. 17 ‘‘(H) The recreational trails program 18 under section 206. 19 ‘‘(I) The safe routes to school program 20 under section 211. 21 ‘‘(J) Activities in furtherance of a vulner- 22 able road user assessment described in section 23 148. 24 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 463 IH ‘‘(K) Any other projects or activities de- 1 scribed in section 101(a)(29) or section 213, as 2 such sections were in effect on the day before 3 the date of enactment of the FAST Act (Public 4 Law 114–94). 5 ‘‘(4) ACCESS TO FUNDS.— 6 ‘‘(A) IN GENERAL.—A State or metropoli- 7 tan planning organization required to obligate 8 funds in accordance with paragraph (2) shall 9 develop a competitive process to allow eligible 10 entities to submit projects for funding that 11 achieve the objectives of this subsection. A met- 12 ropolitan planning organization for an area de- 13 scribed in subsection (d)(1)(A)(i) shall select 14 projects under such process in consultation with 15 the relevant State. The competitive process 16 shall include prioritization of project location 17 and impact in low-income, transit-dependent, or 18 other high-need areas.’’ 19 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 20 paragraph, the term ‘eligible entity’ means— 21 ‘‘(i) a local government; 22 ‘‘(ii) a regional transportation author- 23 ity; 24 ‘‘(iii) a transit agency; 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 463 IH ‘‘(iv) a natural resource or public land 1 agency; 2 ‘‘(v) a school district, local education 3 agency, or school; 4 ‘‘(vi) a tribal government; 5 ‘‘(vii) a metropolitan planning organi- 6 zation that serves an urbanized area with 7 a population of 200,000 or fewer; 8 ‘‘(viii) a nonprofit organization car- 9 rying out activities related to transpor- 10 tation; 11 ‘‘(ix) any other local or regional gov- 12 ernmental entity with responsibility for or 13 oversight of transportation or recreational 14 trails (other than a metropolitan planning 15 organization that serves an urbanized area 16 with a population of over 200,000 or a 17 State agency) that the State determines to 18 be eligible, consistent with the goals of this 19 subsection; and 20 ‘‘(x) a State, at the request of any en- 21 tity listed in clauses (i) through (x). 22 ‘‘(5) IMPROVING ACCESSIBILITY AND EFFI- 23 CIENCY.— 24 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 463 IH ‘‘(A) IN GENERAL.—A State may use an 1 amount equal to not more than 5 percent of the 2 funds set aside for the State under this sub- 3 section, after allocating funds in accordance 4 with paragraph (2)(A), to improve the ability of 5 applicants to access funding for projects under 6 this subsection in an efficient and expeditious 7 manner by providing— 8 ‘‘(i) to applicants for projects under 9 this subsection application assistance, tech- 10 nical assistance, and assistance in reducing 11 the period of time between the selection of 12 the project and the obligation of funds for 13 the project; and 14 ‘‘(ii) funding for 1 or more full-time 15 State employee positions to administer this 16 subsection. 17 ‘‘(B) USE OF FUNDS.—Amounts used 18 under subparagraph (A) may be expended— 19 ‘‘(i) directly by the State; or 20 ‘‘(ii) through contracts with State 21 agencies, private entities, or nonprofit enti- 22 ties. 23 ‘‘(6) FEDERAL SHARE.— 24 ‘‘(A) FLEXIBLE MATCH.— 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 463 IH ‘‘(i) IN GENERAL.—Notwithstanding 1 section 120— 2 ‘‘(I) the non-Federal share for a 3 project under this subsection may be 4 calculated on a project, multiple- 5 project, or program basis; and 6 ‘‘(II) the Federal share of the 7 cost of an individual project in this 8 subsection may be up to 100 percent. 9 ‘‘(ii) AGGREGATE NON-FEDERAL 10 SHARE.—The average annual non-Federal 11 share of the total cost of all projects for 12 which funds are obligated under this sub- 13 section in a State for a fiscal year shall be 14 not less than the non-Federal share au- 15 thorized for the State under section 16 120(b). 17 ‘‘(iii) REQUIREMENT.—This subpara- 18 graph shall only apply to a State if such 19 State has adequate financial controls, as 20 certified by the Secretary, to account for 21 the average annual non-Federal share 22 under this subparagraph. 23 ‘‘(B) SAFETY PROJECTS.—Notwith- 24 standing section 120, funds made available to 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 463 IH carry out section 148 may be credited toward 1 the non-Federal share of the costs of a project 2 under this subsection if the project— 3 ‘‘(i) is a project described in section 4 148(e)(1); and 5 ‘‘(ii) is consistent with the State stra- 6 tegic highway safety plan (as defined in 7 section 148(a)). 8 ‘‘(7) FLEXIBILITY.— 9 ‘‘(A) STATE AUTHORITY.— 10 ‘‘(i) IN GENERAL.—A State may use 11 not more than 50 percent of the funds set 12 aside under this subsection that are avail- 13 able for obligation in any area of the State 14 (suballocated consistent with the require- 15 ments of subsection (d)(1)(B)) for any 16 purpose eligible under subsection (b). 17 ‘‘(ii) RESTRICTION.—Funds may be 18 used as described in clause (i) only if the 19 State demonstrates to the Secretary that 20 the State— 21 ‘‘(I) held a competition in compli- 22 ance with the requirements of this 23 subsection in such form as the Sec- 24 retary determines appropriate; 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 463 IH ‘‘(II) offered technical assistance 1 to all eligible entities and provided 2 such assistance upon request by an el- 3 igible entity; and 4 ‘‘(III) demonstrates that there 5 were not sufficient suitable applica- 6 tions from eligible entities to use the 7 funds described in clause (i). 8 ‘‘(B) MPO AUTHORITY.— 9 ‘‘(i) IN GENERAL.—A metropolitan 10 planning organization that represents an 11 urbanized area with a population of great- 12 er than 200,000 may use not more than 13 50 percent of the funds set aside under 14 this subsection for an urbanized area de- 15 scribed in subsection (d)(1)(A)(i) for any 16 purpose eligible under subsection (b). 17 ‘‘(ii) RESTRICTION.—Funds may be 18 used as described in clause (i) only if the 19 Secretary certifies that the metropolitan 20 planning organization— 21 ‘‘(I) held a competition in compli- 22 ance with the requirements of this 23 subsection in such form as the Sec- 24 retary determines appropriate; and 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 463 IH ‘‘(II) demonstrates that there 1 were not sufficient suitable applica- 2 tions from eligible entities to use the 3 funds described in clause (i). 4 ‘‘(8) ANNUAL REPORTS.— 5 ‘‘(A) IN GENERAL.—Each State or metro- 6 politan planning organization responsible for 7 carrying out the requirements of this subsection 8 shall submit to the Secretary an annual report 9 that describes— 10 ‘‘(i) the number of project applica- 11 tions received for each fiscal year, includ- 12 ing— 13 ‘‘(I) the aggregate cost of the 14 projects for which applications are re- 15 ceived; and 16 ‘‘(II) the types of projects to be 17 carried out, expressed as percentages 18 of the total apportionment of the 19 State under this subsection; and 20 ‘‘(ii) the list of each project selected 21 for funding for each fiscal year, including 22 specifying the fiscal year for which the 23 project was selected, the fiscal year in 24 which the project is anticipated to be fund- 25 VerDate Sep 11 2014 16:09 Feb 13, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H463.IH H463 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 463 IH ed, the recipient, the location, the congre [Text truncated for display. 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