ROCKS Act

II 117TH CONGRESS 1ST SESSION S. 1672 To direct the Secretary of Transportation to establish a working group to conduct a study on access to certain resources for infrastructure projects, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2021 Mr. KELLY (for himself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish a working group to conduct a study on access to certain resources for infrastructure projects, and for other pur- poses. 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 ‘‘Rebuilding Our Com- 4 munities by Keeping aggregates Sustainable Act of 2021’’ 5 or the ‘‘ROCKS Act’’. 6 SEC. 2. WORKING GROUP ON COVERED RESOURCES. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 23:37 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1672.IS S1672 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1672 IS (1) COVERED RESOURCE.—The term ‘‘covered 1 resource’’ means a common variety material used in 2 transportation infrastructure construction and main- 3 tenance, including stone, sand, and gravel. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Transportation. 6 (3) STATE.—The term ‘‘State’’ means each of 7 the several States, the District of Columbia, and 8 each territory or possession of the United States. 9 (4) WORKING GROUP.—The term ‘‘Working 10 Group’’ means the Working Group established under 11 subsection (b). 12 (b) ESTABLISHMENT.—Not later than 120 days after 13 the date of enactment of this Act, the Secretary shall es- 14 tablish a working group to conduct a study on access to 15 covered resources for infrastructure projects. 16 (c) MEMBERSHIP.— 17 (1) APPOINTMENT.—The Secretary shall ap- 18 point to the Working Group individuals with knowl- 19 edge and expertise in the production and transpor- 20 tation of covered resources. 21 (2) REPRESENTATION.—The Working Group 22 shall include not less than 1 representative of each 23 of the following: 24 (A) State departments of transportation. 25 VerDate Sep 11 2014 23:37 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1672.IS S1672 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1672 IS (B) State agencies associated with covered 1 resources protection. 2 (C) State planning and geologic survey and 3 mapping agencies. 4 (D) Commercial motor vehicle operators, 5 including small business operators and opera- 6 tors who transport covered resources. 7 (E) Covered resources producers. 8 (F) Construction contractors. 9 (G) Labor organizations. 10 (H) Metropolitan planning organizations 11 and regional planning organizations. 12 (I) Indian Tribes, including Tribal elected 13 leadership or Tribal transportation officials. 14 (J) Any other stakeholders that the Sec- 15 retary determines appropriate. 16 (3) TERMINATION.—The Working Group shall 17 terminate 180 days after the date on which the Sec- 18 retary receives the report under subsection (f)(1). 19 (d) DUTIES.—In carrying out the study required 20 under subsection (b), the Working Group shall analyze— 21 (1) the use of covered resources in transpor- 22 tation projects funded with Federal dollars; 23 VerDate Sep 11 2014 23:37 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1672.IS S1672 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1672 IS (2) how the proximity of covered resources to 1 such projects affects the cost and environmental im- 2 pact of those projects; 3 (3) whether and how State, Tribal, and local 4 transportation and planning agencies consider cov- 5 ered resources when developing transportation 6 projects; and 7 (4) any challenges for transportation project 8 sponsors regarding access and proximity to covered 9 resources. 10 (e) CONSULTATION.—In carrying out the study re- 11 quired under subsection (b), the Working Group shall con- 12 sult with, as appropriate— 13 (1) chief executive officers of States; 14 (2) State, Tribal, and local transportation and 15 planning agencies; 16 (3) other relevant State, Tribal, and local agen- 17 cies, including State agencies associated with cov- 18 ered resources protection; 19 (4) members of the public with industry experi- 20 ence with respect to covered resources; 21 (5) other Federal entities that provide funding 22 for transportation projects; and 23 (6) any other stakeholder the Working Group 24 determines appropriate. 25 VerDate Sep 11 2014 23:37 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1672.IS S1672 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1672 IS (f) REPORTS.— 1 (1) WORKING GROUP REPORT.—Not later than 2 2 years after the date on which the Working Group 3 is established, the Working Group shall submit to 4 the Secretary a report that includes— 5 (A) the findings of the study required 6 under subsection (b), including a summary of 7 comments received during the consultation 8 process under subsection (e); and 9 (B) any recommendations to preserve ac- 10 cess to and reduce the costs and environmental 11 impacts of covered resources for infrastructure 12 projects. 13 (2) DEPARTMENTAL REPORT.—Not later than 14 90 days after the date on which the Secretary re- 15 ceives the report under paragraph (1), the Secretary 16 shall submit to the Committee on Transportation 17 and Infrastructure of the House of Representatives 18 and the Committee on Environment and Public 19 Works of the Senate a summary of the findings 20 under the report and any recommendations, as ap- 21 propriate. 22 Æ VerDate Sep 11 2014 23:37 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1672.IS S1672 pbinns on DSKJLVW7X2PROD with BILLS