Green Transportation Act

I 117TH CONGRESS 1ST SESSION H. R. 3097 To amend titles 23 and 49, United States Code, to require metropolitan planning organizations to consider greenhouse gas emissions in long- range transportation plans and transportation improvement programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. DOGGETT (for himself, Mr. BLUMENAUER, Ms. CHU, Ms. ESCOBAR, Mr. GRIJALVA, Mr. NADLER, Mr. POCAN, Ms. PORTER, Mr. RASKIN, Ms. SCHAKOWSKY, Ms. BROWNLEY, Mr. ESPAILLAT, Ms. LEE of California, Mr. TAKANO, Mr. HUFFMAN, Mr. GARCI´A of Illinois, Mr. DESAULNIER, Mr. SWALWELL, Ms. TITUS, Ms. SA´NCHEZ, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend titles 23 and 49, United States Code, to require metropolitan planning organizations to consider green- house gas emissions in long-range transportation plans and transportation improvement programs, 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 ‘‘Green Transportation 4 Act’’. 5 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3097 IH SEC. 2. GREENHOUSE GAS EMISSIONS IN LONG-RANGE 1 TRANSPORTATION PLANS. 2 (a) HIGHWAY PLANNING.—Section 134(c)(2) of title 3 23, United States Code, is amended by adding at the end 4 the following: ‘‘Such plans and TIPs shall be developed 5 after consideration of direct and indirect emissions of 6 greenhouse gases (as defined in section 211(o)(1) of the 7 Clean Air Act (42 U.S.C. 7545(o)(1))) and shall provide 8 for reductions in such emissions.’’. 9 (b) PUBLIC TRANSPORTATION PLANNING.—Section 10 5303(c)(2) of title 49, United States Code, is amended 11 by adding at the end the following: ‘‘Such plans and TIPs 12 shall be developed after consideration of direct and indi- 13 rect emissions of greenhouse gases (as defined in section 14 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))) 15 and shall provide for reductions in such emissions.’’. 16 (c) STATEWIDE AND NONMETROPOLITAN HIGHWAY 17 PLANNING.—Section 135(a)(2) of title 23, United States 18 Code, is amended by adding at the end the following: 19 ‘‘Such plans and TIPs shall be developed after consider- 20 ation of direct and indirect emissions of greenhouse gases 21 (as defined in section 211(o)(1) of the Clean Air Act (42 22 U.S.C. 7545(o)(1))) and shall provide for reductions in 23 such emissions.’’. 24 (d) STATEWIDE AND NONMETROPOLITAN PUBLIC 25 TRANSPORTATION PLANNING.—Section 5304(a)(2) of 26 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3097 IH title 49, United States Code, is amended by adding at the 1 end the following: ‘‘Such plans and TIPs shall be devel- 2 oped after consideration of direct and indirect emissions 3 of greenhouse gases (as defined in section 211(o)(1) of 4 the Clean Air Act (42 U.S.C. 7545(o)(1))) and shall pro- 5 vide for reductions in such emissions.’’. 6 (e) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect— 8 (1) with respect to a metropolitan planning or- 9 ganization that operate within a metropolitan plan- 10 ning area with a population of not less than 11 200,000, on the date of enactment of this section; 12 and 13 (2) with respect to a metropolitan planning or- 14 ganization other than a metropolitan planning orga- 15 nization described in paragraph (1), on the date that 16 is 4 years after the date of enactment of this sec- 17 tion. 18 SEC. 3. CONSIDERATION OF EMISSIONS OF GREENHOUSE 19 GASES. 20 (a) TITLE 23.—Title 23, United States Code, is 21 amended— 22 (1) in section 134(a)(1)— 23 (A) by striking ‘‘fuel consumption and air 24 pollution’’ and inserting ‘‘fuel consumption and 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3097 IH air pollution and greenhouse gas emissions’’; 1 and 2 (B) by striking ‘‘minimizing’’ and inserting 3 ‘‘reducing’’; 4 (2) in section 134(d)(3), by adding at the end 5 the following: 6 ‘‘(D) CONSIDERATIONS.— 7 ‘‘(i) EQUITABLE AND PROPORTIONAL 8 REPRESENTATION.—In designating offi- 9 cials or representatives under paragraph 10 (2), the metropolitan planning organization 11 shall consider the equitable and propor- 12 tional representation of the population of 13 the metropolitan planning area. 14 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 15 this paragraph shall require a metropolitan 16 planning organization in existence on the 17 date of enactment of this subparagraph to 18 be restructured.’’; 19 (3) in section 134(i)(2)(H), by striking ‘‘play in 20 reducing congestion, pollution,’’ and inserting ‘‘play 21 in reducing congestion, pollution, greenhouse gas 22 emissions,’’; 23 (4) in section 134(g)(3)(A), by striking ‘‘dis- 24 aster risk reduction, environmental protection,’’ and 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3097 IH inserting ‘‘disaster risk reduction, environmental 1 protection, climate change adaptation and resil- 2 ience,’’; 3 (5) in section 134(h)(1)(E)— 4 (A) by striking ‘‘promote energy conserva- 5 tion’’ and inserting ‘‘promote energy conserva- 6 tion, reduce greenhouse gas emissions’’; 7 (B) by inserting ‘‘and public health’’ after 8 ‘‘quality of life’’; and 9 (C) by inserting ‘‘, including housing and 10 land use patterns’’ after ‘‘development pat- 11 terns’’; 12 (6) in section 134(i)(2)(D)(i), by striking 13 ‘‘greatest potential to’’ and inserting ‘‘greatest po- 14 tential to reduce greenhouse gas emissions and’’; 15 (7) in section 134(i)(5)(A), by inserting ‘‘air 16 quality, public health, housing, transportation,’’ 17 after ‘‘conservation,’’; 18 (8) in section 135(d)(1)(E)— 19 (A) by striking ‘‘promote energy conserva- 20 tion’’ and inserting ‘‘promote energy conserva- 21 tion, reduce greenhouse gas emissions’’; 22 (B) by inserting ‘‘and public health’’ after 23 ‘‘quality of life’’; and 24 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3097 IH (C) by inserting ‘‘, including housing and 1 land use patterns’’ after ‘‘development pat- 2 terns’’; 3 (9) in section 135(d)(1)(I), by striking ‘‘miti- 4 gate stormwater’’ and inserting ‘‘mitigate 5 stormwater and climate change’’; 6 (10) in section 135(f)(2)(D)(i), by inserting 7 ‘‘air quality, public health, housing, transportation,’’ 8 after ‘‘conservation,’’; 9 (11) in section 135(f)(4)(A), by striking ‘‘have 10 the greatest potential to’’ and inserting ‘‘have the 11 greatest potential to reduce greenhouse gas emis- 12 sions and’’; and 13 (12) in section 135(f)(8), by striking ‘‘play in 14 reducing congestion, pollution,’’ and inserting ‘‘play 15 in reducing congestion, pollution, greenhouse gas 16 emissions,’’. 17 (b) TITLE 49.—Title 49, United States Code, is 18 amended— 19 (1) in section 5303(a)(1), by striking ‘‘fuel con- 20 sumption and air pollution’’ and inserting ‘‘fuel con- 21 sumption and air pollution and greenhouse gas emis- 22 sions’’; 23 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3097 IH (2) in section 5303(i)(2)(H), by striking ‘‘re- 1 ducing congestion, pollution,’’ and inserting ‘‘reduc- 2 ing congestion, pollution, greenhouse gas emissions’’; 3 (3) in section 5303(g)(3)(A), by striking ‘‘re- 4 duction, environmental protection,’’ and inserting 5 ‘‘reduction, environmental protection, climate change 6 adaptation and resilience,’’; 7 (4) in section 5303(h)(1)(E), by striking ‘‘pro- 8 mote energy conservation’’ and inserting ‘‘promote 9 energy conservation, reduce greenhouse gas emis- 10 sions’’; 11 (5) in section 5303(h)(1)(I), by striking ‘‘reli- 12 ability of the transportation system’’ and inserting 13 ‘‘reliability of the transportation system and reduce 14 or mitigate stormwater and climate change impacts 15 of surface transportation’’; 16 (6) in section 5303(i)(2)(D), by striking ‘‘may 17 have the greatest potential to’’ and inserting ‘‘may 18 have the greatest potential to reduce greenhouse gas 19 emissions and’’; 20 (7) in section 5304(d)(1)(E), by striking ‘‘pro- 21 mote energy conservation,’’ and inserting ‘‘promote 22 energy conservation, reduce greenhouse gas emis- 23 sions,’’; 24 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3097 IH (8) in section 5304(f)(2)(D)(i), by striking ‘‘re- 1 sources, environmental protection,’’ and inserting 2 ‘‘resources, environmental protection, climate change 3 adaptation and resilience,’’; and 4 (9) in section 5304(f)(4)(A), by striking ‘‘have 5 the greatest potential to’’ and inserting ‘‘have the 6 greatest potential to reduce greenhouse gas emis- 7 sions and’’. 8 SEC. 4. USE OF FUNDS FOR MEASURING AND MONITORING 9 TRANSPORTATION-RELATED GREENHOUSE 10 GAS EMISSIONS. 11 Notwithstanding any other provision of law, a State 12 or metropolitan planning organization may use amounts 13 authorized pursuant to section 1101 of the FAST Act to 14 develop standardized models and methodologies for meas- 15 uring and monitoring transportation-related greenhouse 16 gas emissions. 17 SEC. 5. SUBMISSION OF REPORTS. 18 (a) STATES.—Section 150(e) of title 23, United 19 States Code, is amended— 20 (1) in paragraph (3), by striking ‘‘and’’ at the 21 end; 22 (2) in paragraph (4), by striking the period and 23 inserting ‘‘; and’’; and 24 (3) by adding at the end the following: 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3097 IH ‘‘(5) the standardized models and methodologies 1 the State uses to measure and monitor transpor- 2 tation-related greenhouse gas emissions.’’. 3 (b) MPOS.—Not later than 2 years after the date 4 of enactment of this section, and biennially thereafter, 5 each metropolitan planning organization (as such term is 6 defined in section 134 of title 23, United States Code) 7 shall submit to the Secretary of Transportation the stand- 8 ardized models and methodologies the metropolitan plan- 9 ning organization uses to measure and monitor transpor- 10 tation-related greenhouse gas emissions. 11 (c) ANALYSIS.—The Secretary of Transportation 12 shall collect and organize the models and methodologies 13 that are submitted pursuant to section 150(e)(5) of title 14 23, United States Code, and subsection (b) of this section, 15 in a publicly available clearinghouse. 16 SEC. 6. NATIONAL GOALS AND PERFORMANCE MANAGE- 17 MENT MEASURES. 18 (a) IN GENERAL.—Section 150 of title 23, United 19 States Code, is amended— 20 (1) in subsection (b)— 21 (A) by redesignating paragraph (7) as 22 paragraph (8); and 23 (B) by inserting after paragraph (6) the 24 following: 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3097 IH ‘‘(7) COMBATING CLIMATE CHANGE.—To re- 1 duce carbon dioxide and other greenhouse gas emis- 2 sions and reduce the climate impacts of the trans- 3 portation system.’’; 4 (2) in subsection (c)— 5 (A) in paragraph (1) by striking ‘‘Not 6 later than 18 months after the date of enact- 7 ment of the MAP–21, the Secretary’’ and in- 8 serting ‘‘The Secretary’’; and 9 (B) by adding at the end the following: 10 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec- 11 retary shall establish, in consultation with the Ad- 12 ministrator of the Environmental Protection Agency, 13 measures for States to use to assess— 14 ‘‘(A) carbon dioxide emissions per capita 15 on public roads; and 16 ‘‘(B) any other greenhouse gas emissions 17 per capita on public roads that the Secretary 18 determines to be appropriate.’’; 19 (3) in subsection (d)— 20 (A) in paragraph (1)— 21 (i) by striking ‘‘Not later than 1 year 22 after the Secretary has promulgated the 23 final rulemaking under subsection (c), 24 each’’ and inserting ‘‘Each’’; and 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3097 IH (ii) by striking ‘‘and (6)’’ and insert- 1 ing ‘‘(6), and (7)’’; and 2 (B) by adding at the end the following: 3 ‘‘(3) REGRESSIVE TARGETS.— 4 ‘‘(A) IN GENERAL.—A State may not es- 5 tablish a regressive target for the measures de- 6 scribed under paragraph (4) or paragraph (7) 7 of subsection (c). 8 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 9 this paragraph, the term ‘regressive target’ 10 means a target that fails to demonstrate con- 11 stant or improved performance for a particular 12 measure.’’; and 13 (4) in subsection (e)— 14 (A) by striking ‘‘Not later than 4 years 15 after the date of enactment of the MAP–21 and 16 biennially thereafter, a’’ and inserting ‘‘A’’; and 17 (B) by inserting ‘‘biennial’’ after ‘‘the Sec- 18 retary a’’. 19 (b) DEVELOPMENT OF GREENHOUSE GAS MEAS- 20 URE.—Not later than 1 year after the date of enactment 21 of this Act, the Secretary of Transportation shall issue 22 such regulations as are necessary to carry out paragraph 23 (7) of section 150(c) of title 23, United States Code, as 24 added by this Act. 25 VerDate Sep 11 2014 23:45 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3097 IH SEC. 7. CARBON POLLUTION REDUCTION. 1 (a) IN GENERAL.—Chapter 1 of title 23, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 171. Carbon pollution reduction 5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 6 lish a carbon pollution reduction program to support the 7 reduction of greenhouse gas emissions from the surface 8 transportation system. 9 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 10 funding under this section if such project— 11 ‘‘(1) is expected to yield a significant reduction 12 in greenhouse gas emissions from the surface trans- 13 portation system; 14 ‘‘(2) will help a State meet the greenhouse gas 15 emissions performance targets established under sec- 16 tion 150(c)(7); and 17 ‘‘(3) is— 18 ‘‘(A) eligible for assistance under this title 19 or under chapter 53 of title 49; or 20 ‘‘(B) a capital project, [Text truncated for display. Full text available on Congress.gov.]