Restoring Neighborhoods and Strengthening Communities Act

I 117TH CONGRESS 1ST SESSION H. R. 2859 To establish the Restoring Neighborhoods and Strengthening Communities Program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 26, 2021 Ms. WILLIAMS of Georgia introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish the Restoring Neighborhoods and Strengthening Communities Program, and for other purposes. 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 ‘‘Restoring Neighbor- 4 hoods and Strengthening Communities Act’’. 5 SEC. 2. RESTORING NEIGHBORHOODS AND STRENGTH- 6 ENING COMMUNITIES PROGRAM. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2859 IH (1) CAPITAL CONSTRUCTION GRANT.—The term 1 ‘‘capital construction grant’’ means a capital con- 2 struction grant under subsection (e). 3 (2) COMMUNITY ENGAGEMENT, EDUCATION, 4 AND CAPACITY BUILDING GRANT.—The term ‘‘com- 5 munity engagement, education, and capacity build- 6 ing grant’’ means a community engagement, edu- 7 cation, and capacity building grant under subsection 8 (c). 9 (3) COMMUNITY LAND TRUST.—The term 10 ‘‘community land trust’’ means a nonprofit organiza- 11 tion established or with the responsibility, as appli- 12 cable— 13 (A) to develop the real estate created by 14 the removal or capping of an infrastructural 15 barrier; and 16 (B) to carry out anti-displacement or com- 17 munity development strategies, including— 18 (i) affordable housing preservation 19 and development; 20 (ii) homeownership and property im- 21 provement programs; 22 (iii) the development or rehabilitation 23 of park space or recreation facilities; and 24 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2859 IH (iv) community revitalization and eco- 1 nomic development projects. 2 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 3 The term ‘‘environmental justice community’’ means 4 a community with significant representation of com- 5 munities of color, low-income communities, or Tribal 6 and indigenous populations that experiences, or is at 7 risk of experiencing, higher or more adverse human 8 health or environmental effects, as compared to 9 other communities. 10 (5) INFRASTRUCTURAL BARRIER.—The term 11 ‘‘infrastructural barrier’’ means a highway (includ- 12 ing a limited access highway), a railway, a viaduct, 13 a principal arterial facility, or any other transpor- 14 tation facility for which the high speeds, grade sepa- 15 ration, or other design factors contribute to negative 16 health impacts on adjacent communities or create an 17 obstacle to connectivity, including— 18 (A) obstacles to walking, biking, and mo- 19 bility; 20 (B) diminished access to destinations 21 across the infrastructural barrier; or 22 (C) barriers to the economic development 23 of the surrounding neighborhood. 24 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2859 IH (6) PLANNING AND FEASIBILITY STUDY 1 GRANT.—The term ‘‘planning and feasibility study 2 grant’’ means a planning and feasibility study grant 3 under subsection (e). 4 (7) PROGRAM.—The term ‘‘program’’ means 5 the program established under subsection (b). 6 (8) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Transportation. 8 (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal 9 government’’ means the recognized governing body 10 of any Indian or Alaska Native tribe, band, nation, 11 pueblo, village, community, component band, or com- 12 ponent reservation, individually identified (including 13 parenthetically) in the list published most recently as 14 of the date of enactment of this Act pursuant to sec- 15 tion 104 of the Federally Recognized Indian Tribe 16 List Act of 1994 (25 U.S.C. 5131). 17 (b) ESTABLISHMENT.— 18 (1) IN GENERAL.—The Secretary shall establish 19 a program to help communities— 20 (A) identify infrastructural barriers within 21 the community that— 22 (i) create obstacles to mobility or eco- 23 nomic development; or 24 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2859 IH (ii) expose the community to high lev- 1 els of particulate matter, noise pollution, 2 and other public health and safety risks; 3 (B) study the feasibility of improving, and 4 develop plans to improve, community 5 connectivity, including through— 6 (i) removal or retrofit of an 7 infrastructural barrier; or 8 (ii) construction or adaptive reuse of 9 facilities to mitigate the obstacle created 10 by the infrastructural barrier by enhancing 11 connectivity across the infrastructural bar- 12 rier; 13 (C) plan the redevelopment of any land 14 made available by the removal or retrofit of the 15 infrastructural barrier, with a focus on improve- 16 ments that will benefit the populations im- 17 pacted by or previously displaced by the 18 infrastructural barrier; 19 (D) access funding to carry out the activi- 20 ties described in subparagraphs (B) and (C); 21 and 22 (E) require the equity of any activities car- 23 ried out under the program, including by gar- 24 nering community engagement, avoiding dis- 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2859 IH placement, and ensuring local participation in 1 jobs created through those activities. 2 (2) TYPES OF GRANTS.—Under the program, 3 the Secretary shall award the following types of 4 grants: 5 (A) Community engagement, education, 6 and capacity building grants. 7 (B) Planning and feasibility study grants. 8 (C) Capital construction grants. 9 (3) MULTIPLE GRANTS PERMITTED.—An eligi- 10 ble entity may apply for and receive funding from 11 more than 1 type of grant described in paragraph 12 (2). 13 (c) COMMUNITY ENGAGEMENT, EDUCATION, AND 14 CAPACITY BUILDING GRANTS.— 15 (1) ELIGIBLE ENTITIES.—The Secretary may 16 award a community engagement, education, and ca- 17 pacity building grant to carry out community en- 18 gagement, education, and capacity building activities 19 described in paragraph (2) to— 20 (A) a unit of local government, a metro- 21 politan planning organization, or a group of 22 local governments; 23 (B) a Tribal government or a consortium 24 of Tribal governments; 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2859 IH (C) a political subdivision of a State or 1 local government; 2 (D) a special purpose district or a public 3 authority with a transportation function; and 4 (E) a nonprofit organization. 5 (2) ELIGIBLE ACTIVITIES.—A community en- 6 gagement and capacity building activity referred to 7 in paragraph (1) includes an activity— 8 (A) to educate community members about 9 opportunities to affect transportation and eco- 10 nomic development planning and investment de- 11 cisions; 12 (B) to build organizational or community 13 capacity to engage in transportation and eco- 14 nomic development planning; 15 (C) to identify community needs and de- 16 sires for community improvements; 17 (D) to develop community-driven solutions 18 to local challenges; 19 (E) to conduct assessments of equity, mo- 20 bility and access, environmental justice, afford- 21 ability, economic opportunity, health outcomes, 22 and other local goals; 23 (F) to form a Community Advisory Board 24 in accordance with subsection (f); and 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2859 IH (G) to engage community members in sce- 1 nario planning. 2 (3) FEDERAL SHARE.—The Federal share of 3 the cost of an activity carried out with funds from 4 a community engagement, education, and capacity 5 building grant may be up to 100 percent, at the dis- 6 cretion of the eligible entity. 7 (4) LIMITATION.—Of the amounts made avail- 8 able to carry out this section each fiscal year, the 9 Secretary may use not more than 20 percent to 10 award community engagement, education, and ca- 11 pacity building grants. 12 (d) PLANNING AND FEASIBILITY STUDY GRANTS.— 13 (1) ELIGIBLE ENTITIES.— 14 (A) IN GENERAL.—The Secretary may 15 award a planning and feasibility study grant to 16 carry out planning activities described in para- 17 graph (2) to— 18 (i) a State or group of States; 19 (ii) a unit of local government, a met- 20 ropolitan planning organization, or a group 21 of local governments; 22 (iii) a Tribal government or a consor- 23 tium of Tribal governments; 24 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2859 IH (iv) a political subdivision of a State 1 or local government; 2 (v) a special purpose district or a pub- 3 lic authority with a transportation func- 4 tion; 5 (vi) a multi-State or multijuris- 6 dictional group of public entities; and 7 (vii) a nonprofit organization. 8 (B) PARTNERSHIPS.—In the case of an eli- 9 gible entity that is not the owner of the 10 infrastructural barrier that is the subject of the 11 planning and feasibility study grant, the eligible 12 entity shall demonstrate the existence of a part- 13 nership with the owner of the infrastructural 14 barrier. 15 (2) ELIGIBLE ACTIVITIES.—A planning activity 16 referred to in paragraph (1)(A) includes— 17 (A) development of designs and artistic 18 renderings to facilitate community engagement; 19 (B) traffic studies, nonmotorized accessi- 20 bility analyses, equity needs analyses, and col- 21 lection of other relevant data; 22 (C) planning studies to evaluate the feasi- 23 bility of removing or retrofitting an 24 infrastructural barrier, or the construction or 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2859 IH constructive reuse of facilities to mitigate the 1 obstacle created by the infrastructural barrier 2 by enhancing connectivity across the 3 infrastructural barrier; 4 (D) public engagement activities to provide 5 opportunities for public input into a plan to re- 6 move, convert, or mitigate an infrastructural 7 barrier; 8 (E) environmental review, consultation, or 9 other action required under any Federal envi- 10 ronmental law relating to the review or ap- 11 proval of a project to remove, retrofit, or miti- 12 gate an existing infrastructural barrier; 13 (F) establishment of a community land 14 trust; and 15 (G) other transportation planning activities 16 required in advance of a project to remove, ret- 17 rofit or mitigate an existing infrastructural bar- 18 rier, as determined by the Secretary. 19 (3) PRIORITY.—In selecting eligible entities to 20 receive a planning and feasibility study grant, the 21 Secretary shall give priority to eligible entities that 22 seek to carry out a traffic study that includes con- 23 sideration of— 24 (A) safety; 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2859 IH (B) health impacts; 1 (C) levels of single-occupancy vehicular 2 travel; 3 (D) access to jobs and services; and 4 (E) levels of traffic stress. 5 (4) FEDERAL SHARE.— 6 (A) IN GENERAL.—Subject to subpara- 7 graph (B), the Federal share of the cost of an 8 activity carried out with funds from a planning 9 and feasibility study grant shall be not more 10 than 80 percent. 11 (B) WAIVER.—The Secretary may waive 12 the non-Federal share requirement under sub- 13 paragraph (A) if the Secretary determines that 14 the recipient of a grant cannot meet the re- 15 quirement due to financial hardship. 16 (e) CAPITAL CONSTRUCTION GRANTS.— 17 (1) ELIGIBLE ENTITIES.—The Secretary may 18 award a capital construction grant to the owner of 19 an infrastructural barrier to carry out a project de- 20 scribed in paragraph (3) for which all necessary fea- 21 sibility studies and other planning activities have 22 been completed. 23 (2) PARTNERSHIPS.—For the purpose of sub- 24 mitting an application for a capital construction 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2859 IH grant, an owner of an infrastructural barrier may, if 1 applicable, partner with— 2 (A) a State or group of States; 3 (B) a unit of local government, a metro- 4 politan planning organization, or a group of 5 local governments; 6 (C) a Tribal government or a consortium 7 of Tribal governments; 8 (D) a political subdivision of a State or 9 local government; 10 (E) a special purpose district or a public 11 authority with a transportation function; 12 (F) a multi-State or multijurisdictional 13 group of public entities; or 14 (G) a nonprofit organization. 15 (3) ELIGIBLE PROJECTS.— 16 (A) IN GENERAL.—A project eligible to be 17 carried out with a capital construction grant in- 18 cludes— 19 (i) the removal of an infrastructural 20 barrier; 21 (ii) the retrofit of an infrastructural 22 barrier in a way that enhances community 23 connectivity and is sensitive to the context 24 of the surrounding community, including 25 VerDate Sep 11 2014 02:48 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2859.IH H2859 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2859 IH retrofits to a highway to cap the facility or 1 replace the facility with an at-grade arte- 2 rial roadway; 3 (iii) the construction or adaptive reuse 4 of facilities that improve connectivity 5 across the infrastructural barrier; 6 (iv) the replacement of an 7 infrastructural barrier with a new use or 8 facility that has been identified by mem- 9 bers of the community; and 10 (v) the construction of other transpor- 11 tation improvements that address the mo- 12 bility needs of the community. 13 (B) EXCLUSION.—Funds from a capital 14 construction grant shall not be used on a 15 project that increases net capacity for vehicular 16 travel. 17 (4) PRIORITY FOR CAPITAL CONSTRUCTION 18 GRANTS.—In selecting eligible entities to receive a 19 capital construction grant, the Secretary shall [Text truncated for display. 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