National Multimodal and Sustainable Freight Infrastructure Act

I 116TH CONGRESS 1ST SESSION H. R. 2723 To amend title 49, United States Code, to establish a Multimodal Freight Funding Formula Program and a National Freight Infrastructure Com- petitive Grant Program to improve the efficiency and reliability of freight movement in the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 14, 2019 Mr. LOWENTHAL (for himself, Mr. BLUMENAUER, Mr. CA´RDENAS, Mr. CART- WRIGHT, Mr. CISNEROS, Ms. KELLY of Illinois, Mr. MEADOWS, Ms. MOORE, Mrs. NAPOLITANO, Mr. POCAN, Mr. ROUDA, Mr. TAKANO, and Ms. HILL of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To amend title 49, United States Code, to establish a Multimodal Freight Funding Formula Program and a National Freight Infrastructure Competitive Grant Pro- gram to improve the efficiency and reliability of freight movement in the United States, 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 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 2723 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Multimodal 2 and Sustainable Freight Infrastructure Act’’. 3 SEC. 2. FREIGHT FUNDING PROGRAMS. 4 (a) IN GENERAL.—Chapter 701 of title 49, United 5 States Code, is amended by adding at the end the fol- 6 lowing: 7 ‘‘§ 70104. Multimodal Freight Funding Formula Pro- 8 gram 9 ‘‘(a) IN GENERAL.—The Secretary of Transportation 10 shall establish a Multimodal Freight Funding Formula 11 Program under which the Secretary shall distribute funds 12 to States to improve the efficiency and reliability of freight 13 movement in the United States. 14 ‘‘(b) FORMULA APPORTIONMENT.—Of funds made 15 available to the Secretary for a fiscal year to carry out 16 the Multimodal Freight Funding Formula Program under 17 this section, the Secretary shall calculate the amount 18 available to be apportioned to a State based on the fol- 19 lowing: 20 ‘‘(1) 6.25 percent in the ratio that— 21 ‘‘(A) the number of ports in each State; 22 bears to 23 ‘‘(B) the number of ports in all States. 24 ‘‘(2) 6.25 percent in the ratio that— 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 2723 IH ‘‘(A) the number of rail track-miles used 1 for the movement of freight in each State; bears 2 to 3 ‘‘(B) the number of such rail track-miles in 4 all States. 5 ‘‘(3) 6.25 percent in the ratio that— 6 ‘‘(A) the number of cargo-handling air- 7 ports in each State; bears to 8 ‘‘(B) the number of such airports in all 9 States. 10 ‘‘(4) 6.25 percent in the ratio that— 11 ‘‘(A) the number of Interstate system 12 miles in each State; bears to 13 ‘‘(B) the number of Interstate system 14 miles in all States. 15 ‘‘(5) 37.5 percent in the ratio that— 16 ‘‘(A) the tonnage of rail, waterborne, high- 17 way, and airport freight moved in each State; 18 bears to 19 ‘‘(B) the tonnage of such freight moved in 20 all States. 21 ‘‘(6) 37.5 percent in the ratio that— 22 ‘‘(A) the value of rail, waterborne, highway 23 and airport freight moved in each State; bears 24 to 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 2723 IH ‘‘(B) the value of such freight moved in all 1 States. 2 ‘‘(c) TIER I ELIGIBILITY.—The Secretary shall pro- 3 vide to a State in a fiscal year 40 percent of the amount 4 of the funds available to the State under subsection (b) 5 for that fiscal year if the State— 6 ‘‘(1) has an established freight advisory com- 7 mittee in accordance with section 70201; 8 ‘‘(2) developed any analyses or plans required 9 for the completion of a State freight plan in accord- 10 ance with section 70202; 11 ‘‘(3) has an approved State freight plan; 12 ‘‘(4) has conducted a statewide analysis of 13 freight needs and bottlenecks on all modes of trans- 14 portation, including intermodal and last mile needs; 15 ‘‘(5) demonstrates use of the statewide analysis 16 of freight needs in prioritizing projects in the State 17 freight plan; 18 ‘‘(6) demonstrates that the State will use the 19 funding that it is provided under this paragraph for 20 the highest priority projects identified in the freight 21 investment plan described under section 70202; and 22 ‘‘(7) demonstrates that the program of projects 23 will use the strategies and contribute to the goals 24 described in the State freight plan to decrease— 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 5 •HR 2723 IH ‘‘(A) greenhouse gas emissions; 1 ‘‘(B) local air pollution, including ozone 2 and ozone precursors, nitrogen oxides, sulfur di- 3 oxide, particulate matter, carbon monoxide, and 4 lead; 5 ‘‘(C) water runoff and other adverse water 6 impacts; and 7 ‘‘(D) wildlife habitat loss. 8 ‘‘(d) TIER II ELIGIBILITY.—The Secretary shall pro- 9 vide to a State in a fiscal year 60 percent of the amount 10 of the funds available to the State under subsection (b) 11 for that fiscal year if the State— 12 ‘‘(1) has met the eligibility criteria of subsection 13 (c); 14 ‘‘(2) has conducted, in cooperation with at least 15 one other State, a multistate analysis of freight 16 needs and bottlenecks on all modes of transpor- 17 tation, including intermodal and last mile needs 18 along a multistate freight corridor; and 19 ‘‘(3) has developed, in cooperation with at least 20 one other State or a relevant entity in Canada or 21 Mexico, a regional freight investment plan that fo- 22 cuses on the end-to-end investment needs of critical 23 multistate freight corridors based on the multistate 24 analysis of freight needs and bottlenecks on all 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 6 •HR 2723 IH modes of transportation, including intermodal and 1 last mile needs. 2 ‘‘(e) REDISTRIBUTION OF FUNDS.—The Secretary 3 shall make available under the National Freight Infra- 4 structure Competitive Grant Program under section 5 70105 any funds that— 6 ‘‘(1) the Secretary calculated under subsection 7 (b) as available to a State for a fiscal year but did 8 not provide to that State for that fiscal year under 9 subsection (c) or subsection (d); or 10 ‘‘(2) the Secretary provided to a State under 11 subsection (c) or subsection (d) but remain unobli- 12 gated in that State at the end of the third fiscal 13 year following the fiscal year in which they were pro- 14 vided to the State. 15 ‘‘(f) ELIGIBLE USES.—A State may use funds pro- 16 vided under this section only for— 17 ‘‘(1) the development of corridor freight plans 18 or regional freight plans; or 19 ‘‘(2) one or more phases of capital projects, 20 equipment, or operational improvements on roads, 21 rails, landside infrastructure on ports and airports, 22 and intermodal connectors included in a State 23 freight plan for projects that— 24 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 7 •HR 2723 IH ‘‘(A) maintain or improve the efficiency 1 and reliability of freight supply chains; 2 ‘‘(B) demonstrate public freight benefits; 3 ‘‘(C) improve modal components of a mul- 4 timodal corridor that is critical to a State or re- 5 gion; 6 ‘‘(D) address freight needs to facilitate a 7 regionally or nationally significant economic de- 8 velopment issue; 9 ‘‘(E) in accordance with the State freight 10 plan, decrease— 11 ‘‘(i) greenhouse gas emissions; 12 ‘‘(ii) local air pollution, including 13 ozone and ozone precursors, nitrogen ox- 14 ides, sulfur dioxide, particulate matter, 15 carbon monoxide, and lead; 16 ‘‘(iii) water runoff and other adverse 17 water impacts; and 18 ‘‘(iv) wildlife habitat loss; 19 ‘‘(F) are multimodal, multi-jurisdictional, 20 or corridor-based and address freight needs; 21 ‘‘(G) relieve freight or non-freight access, 22 congestion, or safety issues; or 23 ‘‘(H) address first and last mile connec- 24 tors. 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 8 •HR 2723 IH ‘‘(g) EPA REPORT.—A State that receives funds 1 under this section shall collect data and, beginning 1 year 2 from the date of the completion of each project or project 3 phase that receives such funds, and annually thereafter 4 for 15 years, report to the Secretary and the Adminis- 5 trator of Environmental Protection Agency on progress 6 made toward greenhouse gas emission reductions and local 7 air pollution reductions in accordance with the State 8 freight plan. All relevant data and reporting shall be col- 9 lected and reported in accordance with guidance developed 10 by the Administrator in consultation with the Secretary. 11 ‘‘(h) FEDERAL SHARE.— 12 ‘‘(1) IN GENERAL.—The Federal share of the 13 cost of a project carried out by a State using funds 14 provided under this section may not be more than 15 80 percent. 16 ‘‘(2) ADDITIONAL FEDERAL SHARE.—The Fed- 17 eral share of the cost of a project carried out by a 18 State using funds provided under this section may 19 be increased by 5 percent if the such 5 percent is 20 used for the mitigation of diesel emissions from con- 21 struction activities associated with the project. The 22 Administrator of Environmental Protection Agency, 23 in consultation with the Secretary, shall develop 24 guidance for eligible equipment and activities con- 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 9 •HR 2723 IH sistent with existing State, local, and nonprofit clean 1 construction guidelines. 2 ‘‘(i) RESERVATION OF FUNDS FOR TERRITORIES.— 3 Before making a calculation under subsection (b), the Sec- 4 retary shall withhold funds for distribution to each terri- 5 tory in an amount based on the freight infrastructure need 6 of the territories, as determined by the Secretary. Such 7 funds shall not otherwise be made available for distribu- 8 tion under this section. 9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 10 is authorized to be appropriated from the Freight Trust 11 Fund to carry out this section an amount equal to 50 per- 12 cent of the receipts of the Freight Trust Fund for each 13 fiscal year beginning in fiscal year 2020. 14 ‘‘(k) ADMINISTRATION AND OVERSIGHT COSTS.— 15 The Secretary may retain up to one-half of 1 percent of 16 the amounts available to carry out this section for each 17 fiscal year for the cost of administration and oversight of 18 projects funded under this section. 19 ‘‘(l) AVAILABILITY OF FUNDS.—Amounts authorized 20 under subsection (j) shall be— 21 ‘‘(1) available for obligation on October 1 of the 22 fiscal year for which they are authorized; and 23 ‘‘(2) available until expended. 24 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 10 •HR 2723 IH ‘‘(m) APPLICATION OF RATE REQUIREMENTS.—The 1 Secretary shall take such action as may be necessary to 2 apply the requirements described under section 113 of title 3 23, as applicable, to any project receiving funds under this 4 section. 5 ‘‘(n) DEFINITIONS.—In this section: 6 ‘‘(1) STATE.—The term ‘State’ means each of 7 the 50 States, the District of Columbia, and Puerto 8 Rico. 9 ‘‘(2) STATE FREIGHT PLAN.—The term ‘State 10 freight plan’ means the State freight plan described 11 under section 70202. 12 ‘‘(3) TERRITORY.—The term ‘territory’ has the 13 meaning given such term in section 165(c)(1) of title 14 23. 15 ‘‘§ 70105. National Freight Infrastructure Competitive 16 Grant Program 17 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor- 18 tation shall establish a National Freight Infrastructure 19 Competitive Grant Program under which the Secretary 20 shall make grants, on a competitive basis, to designated 21 entities for eligible projects to improve the efficiency and 22 reliability of freight movement in the United States. 23 ‘‘(b) PROJECT GOALS.—In carrying out the Program, 24 the Secretary shall prioritize projects that— 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 11 •HR 2723 IH ‘‘(1) improve the efficiency and reliability of 1 freight transportation; 2 ‘‘(2) reduce the cost of freight transportation; 3 ‘‘(3) improve the safety of freight transpor- 4 tation; 5 ‘‘(4) relieve bottlenecks in the freight transpor- 6 tation system; 7 ‘‘(5) improve the state of good repair of the 8 freight transportation system; 9 ‘‘(6) contribute to the environmental goals de- 10 scribed in the State freight plan; and 11 ‘‘(7) reduce the adverse impacts of freight 12 transportation on communities traversed by freight. 13 ‘‘(c) GRANT APPLICATIONS.—To be eligible to receive 14 a grant under the Program a designated entity shall sub- 15 mit to the Secretary an application at such time, in such 16 form, and containing such information as the Secretary 17 may require. 18 ‘‘(d) ELIGIBLE PROJECT.—A project is eligible for a 19 grant under the Program only if the Secretary determines 20 that the project— 21 ‘‘(1) that is— 22 ‘‘(A) a capital investment project for a 23 transportation infrastructure facility signifi- 24 cantly used for the movement of freight; or 25 VerDate Sep 11 2014 22:49 May 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2723.IH H2723 khammond on DSKBBV9HB2PROD with BILLS 12 •HR 2723 IH ‘‘(B) infrastructure necessary to mitigate 1 the adverse impact of freight transportation on 2 communities traversed by freight, including— 3 ‘‘(i) a road, rail, or landside air or 4 water facility; 5 ‘‘(ii) an intermodal facility such as a 6 seaport or port on the inland waterway 7 system, an airport, or a highway and rail 8 intermodal facility; 9 ‘‘(iii) a facility related to an inter- 10 national border crossing; 11 ‘‘(iv) is for an operational improve- 12 ment or equipment of a facility described 13 in this paragraph; or 14 [Text truncated for display. 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