Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
II
116TH CONGRESS
1ST SESSION
S. 1909
To amend title 23, United States Code, to ensure that Federal-aid highways
and bridges are more resilient, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 19, 2019
Mrs. GILLIBRAND introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
A BILL
To amend title 23, United States Code, to ensure that Fed-
eral-aid highways and bridges are more resilient, 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 ‘‘Resilient Highways
4
Act of 2019’’.
5
SEC. 2. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
6
Section 119 of title 23, United States Code, is
7
amended—
8
(1) in subsection (b)—
9
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
2
•S 1909 IS
(A) in paragraph (2), by striking ‘‘and’’ at
1
the end;
2
(B) in paragraph (3), by striking the pe-
3
riod at the end and inserting ‘‘; and’’; and
4
(C) by adding at the end the following:
5
‘‘(4) to provide support for measures to in-
6
crease the resiliency of Federal-aid highways and
7
bridges on and off the National Highway System to
8
mitigate the impacts of sea level rise and extreme
9
weather events.’’; and
10
(2) by adding at the end the following:
11
‘‘(k) PROTECTIVE FEATURES.—
12
‘‘(1) IN GENERAL.—A State may use not more
13
than 15 percent of the funds apportioned to the
14
State under section 104(b)(1) for each fiscal year
15
for a protective feature on a Federal-aid highway or
16
bridge, if the protective feature is an economically
17
justified improvement designed to mitigate the risk
18
of recurring damage or the cost of future repairs
19
from extreme weather, flooding, and other natural
20
disasters.
21
‘‘(2) PROTECTIVE
FEATURES
DESCRIBED.—A
22
protective feature referred to in paragraph (1) may
23
include—
24
‘‘(A) raising roadway grades;
25
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
3
•S 1909 IS
‘‘(B) relocating roadways in a floodplain to
1
higher ground above projected flood elevation
2
levels or away from slide prone areas;
3
‘‘(C) stabilizing slide areas;
4
‘‘(D) stabilizing slopes;
5
‘‘(E) installing riprap;
6
‘‘(F) lengthening or raising bridges to in-
7
crease waterway openings;
8
‘‘(G) deepening channels to prevent flood-
9
ing;
10
‘‘(H) increasing the size or number of
11
drainage structures;
12
‘‘(I) replacing culverts with bridges or
13
upsizing culverts;
14
‘‘(J) repairing or maintaining tide gates;
15
‘‘(K) installing seismic retrofits on bridges;
16
‘‘(L) adding scour protection at bridges;
17
‘‘(M) adding spur dikes;
18
‘‘(N) the use of natural infrastructure to
19
mitigate the risk of recurring damage or the
20
cost of future repair from extreme weather,
21
flooding, and other natural disasters; and
22
‘‘(O) any other features that mitigate the
23
risk of recurring damage or the cost of future
24
repair as a result of extreme weather, flooding,
25
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
4
•S 1909 IS
and other natural disasters, as determined by
1
the Secretary.
2
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
3
section limits the ability of a State to carry out a
4
project otherwise eligible under subsection (d) using
5
funds apportioned under section 104(b)(1).’’.
6
SEC. 3. FEDERAL SHARE PAYABLE.
7
Section 120(c) of title 23, United States Code, is
8
amended by adding at the end the following:
9
‘‘(4) PROTECTIVE FEATURES.—
10
‘‘(A) IN GENERAL.—Notwithstanding any
11
other provision of law, the Federal share pay-
12
able for the cost of a protective feature on a
13
Federal-aid highway or bridge project under
14
this title may be up to 100 percent, at the dis-
15
cretion of the State, if the protective feature is
16
an economically justified improvement to miti-
17
gate the risk of recurring damage or the cost of
18
future repair from extreme weather, flooding,
19
and other natural disasters.
20
‘‘(B)
PROTECTIVE
FEATURES
DE-
21
SCRIBED.—A protective feature referred to in
22
subparagraph (A) may include—
23
‘‘(i) raising roadway grades;
24
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
5
•S 1909 IS
‘‘(ii) relocating roadways in a flood-
1
plain to higher ground above projected
2
flood elevation levels or away from slide
3
prone areas;
4
‘‘(iii) stabilizing slide areas;
5
‘‘(iv) stabilizing slopes;
6
‘‘(v) installing riprap;
7
‘‘(vi) lengthening or raising bridges to
8
increase waterway openings;
9
‘‘(vii) deepening channels to prevent
10
flooding;
11
‘‘(viii) increasing the size or number
12
of drainage structures;
13
‘‘(ix) replacing culverts with bridges
14
or upsizing culverts;
15
‘‘(x) repairing or maintaining tide
16
gates;
17
‘‘(xi) installing seismic retrofits on
18
bridges;
19
‘‘(xii) adding scour protection at
20
bridges;
21
‘‘(xiii) adding spur dikes;
22
‘‘(xiv) the use of natural infrastruc-
23
ture to mitigate the risk of recurring dam-
24
age or the cost of future repair from ex-
25
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
6
•S 1909 IS
treme weather, flooding, and other natural
1
disasters; and
2
‘‘(xv) any other features that mitigate
3
the risk of recurring damage or the cost of
4
future repair as a result of extreme weath-
5
er, flooding, and other natural disasters, as
6
determined by the Secretary.’’.
7
SEC. 4. EMERGENCY RELIEF.
8
Section 125 of title 23, United States Code, is
9
amended—
10
(1) in subsection (a)(1), by inserting ‘‘wildfire,
11
sea level rise,’’ after ‘‘severe storm’’;
12
(2) by striking subsection (b) and inserting the
13
following:
14
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under
15
this section shall not be used for the repair or reconstruc-
16
tion of a bridge that has been permanently closed to all
17
vehicular traffic by the State or responsible local official
18
because of imminent danger of collapse due to a structural
19
deficiency or physical deterioration.’’; and
20
(3) in subsection (d)—
21
(A) in paragraph (2)(A)—
22
(i) by striking the period at the end
23
and inserting ‘‘; and’’
24
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
7
•S 1909 IS
(ii) by striking ‘‘a facility that meets
1
the current’’ and inserting the following:
2
‘‘a facility that—
3
‘‘(i) meets the current’’; and
4
(iii) by adding at the end the fol-
5
lowing:
6
‘‘(ii) incorporates economically justifi-
7
able improvements designed to mitigate the
8
risk of recurring damage from extreme
9
weather, flooding, and other natural disas-
10
ters.’’;
11
(B)
by
redesignating
paragraphs
(3)
12
through (5) as paragraphs (4) through (6), re-
13
spectively; and
14
(C) by inserting after paragraph (2) the
15
following:
16
‘‘(3) PROTECTIVE FEATURES.—
17
‘‘(A) IN GENERAL.—The cost of an im-
18
provement that is part of a project under this
19
section shall be an eligible expense under this
20
section if the improvement is a protective fea-
21
ture that is economically justified to mitigate
22
the risk of recurring damage or the cost of fu-
23
ture repair from extreme weather, flooding, and
24
other natural disasters.
25
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
8
•S 1909 IS
‘‘(B)
PROTECTIVE
FEATURES
DE-
1
SCRIBED.—A protective feature referred to in
2
subparagraph (A) may include—
3
‘‘(i) raising roadway grades;
4
‘‘(ii) relocating roadways in a flood-
5
plain to higher ground above projected
6
flood elevation levels or away from slide
7
prone areas;
8
‘‘(iii) stabilizing slide areas;
9
‘‘(iv) stabilizing slopes;
10
‘‘(v) installing riprap;
11
‘‘(vi) lengthening or raising bridges to
12
increase waterway openings;
13
‘‘(vii) deepening channels to prevent
14
flooding;
15
‘‘(viii) increasing the size or number
16
of drainage structures;
17
‘‘(ix) replacing culverts with bridges
18
or upsizing culverts;
19
‘‘(x) repairing or maintaining tide
20
gates;
21
‘‘(xi) installing seismic retrofits on
22
bridges;
23
‘‘(xii) adding scour protection at
24
bridges;
25
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS
9
•S 1909 IS
‘‘(xiii) adding spur dikes;
1
‘‘(xiv) the use of natural infrastruc-
2
ture to mitigate the risk of recurring dam-
3
age or the cost of future repair from ex-
4
treme weather, flooding, and other natural
5
disasters; and
6
‘‘(xv) any other features that mitigate
7
the risk of recurring damage or the cost of
8
future repair as a result of extreme weath-
9
er, flooding, and other natural disasters, as
10
determined by the Secretary.’’.
11
Æ
VerDate Sep 11 2014
03:14 Jun 21, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\S1909.IS
S1909
pamtmann on DSKBFK8HB2PROD with BILLS