What This Bill Does
This bill creates a pilot program where the Secretary of Transportation (the leader of the transportation department) gives competitive grants (money awarded based on a selection process) to airport sponsors to help them plan, design and build projects that protect airport infrastructure from climate and weather threats. The program focuses on risks like sea level rise, flooding, extreme temperatures and earthquakes. Airports can use the grants for new projects, improvements to existing infrastructure or equipment to monitor these threats.
Who It Affects
Airport sponsors who apply for grants. Regional airports (smaller hub airports and reliever airports). Surrounding communities near airports. Federal agencies including the Federal Aviation Administration, Federal Emergency Management Agency, National Oceanic and Atmospheric Administration and National Aeronautics and Space Administration.
Key Provisions
• The Secretary must establish the pilot program within one year and can award grants to airport sponsors for projects that address climate and weather risks like sea level rise, flooding, extreme weather and earthquakes (Sec. 2(a)(1)(A)).
• At least 15 percent of available funds must go to regional airports (smaller hub, nonhub and reliever airports) (Sec. 2(b)).
• Airport sponsors applying for grants must describe how their project will benefit and impact both the airport and surrounding communities regarding changing conditions and weather events (Sec. 2(a)(4)).
• The Secretary must submit reports to Congress within six months of awarding the first grant and annually thereafter describing funded projects, applications and recommendations for program improvements (Sec. 2(e)(1)).
• All reports must be posted on the public internet website of the Department of Transportation (Sec. 2(e)(2)).
What Changes
A new federal grant program begins offering money to airports to build projects that protect them from climate and weather threats. Airport sponsors can now access federal funding to plan and construct resilience improvements. Regular public reporting on grant awards and project outcomes will be available to the public online.
Important Definitions
"Airport" means an airport as defined elsewhere in transportation law (Sec. 2(g)(1)). "Regional airport" means a small hub airport, nonhub airport, nonprimary airport or reliever airport as defined elsewhere in transportation law (Sec. 2(g)(2)). "Secretary" means the Secretary of Transportation (Sec. 2(g)(3)).
Effective Date
Not later than one year after the bill becomes law, the Secretary must establish the pilot program (Sec. 2(a)(1)(A)).
II
118TH CONGRESS
1ST SESSION
S. 1055
To establish an airport infrastructure resilience pilot program.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. MARKEY introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
A BILL
To establish an airport infrastructure resilience pilot
program.
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.
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This Act may be cited as the ‘‘Airport Infrastructure
4
Resilience Act of 2023’’.
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SEC. 2. AIRPORT INFRASTRUCTURE RESILIENCE PILOT
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PROGRAM.
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(a) ESTABLISHMENT.—
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(1) ESTABLISHMENT.—
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(A) IN GENERAL.—Not later than 1 year
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after the date of enactment of this section, the
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Secretary shall establish a pilot program to pro-
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vide competitive grants to sponsors of airports
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to incentivize the planning and design and con-
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struction of projects that make improvements to
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infrastructure that is subject to, or that faces
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increased long-term future risks with respect to,
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the following:
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(i) Changing conditions, such as sea
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level rise or permafrost thaw.
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(ii) Weather events and natural disas-
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ters, such as severe storms, flooding,
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drought, levee and dam failures, wildfire,
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rockslides, mudslides, sea level rise, perma-
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frost thaw, extreme weather, including ex-
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treme temperature, and earthquakes.
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(B)
CLARIFICATION.—Projects
funded
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under the pilot program under this section may
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be for new projects as well as for making im-
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provements to existing infrastructure and may
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include the purchasing of monitoring equipment
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or services.
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(2) CONSULTATION.—In establishing the pilot
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program under paragraph (1), the Secretary shall—
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(A) engage in a public comment period;
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and
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(B) consult with—
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(i) the Administrator of the Federal
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Aviation Administration;
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(ii) the Administrator of the Federal
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Emergency Management Agency;
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(iii) The Administrator of the Na-
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tional Oceanic Atmospheric Administra-
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tion; and
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(iv) the Administrator of the National
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Aeronautics and Space Administration.
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(3) CONSIDERATIONS.—In awarding grants to
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sponsors under the pilot program under this section,
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the Secretary shall consider the following with re-
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spect to projects funded under the grant:
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(A) Whether the project is natural infra-
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structure or nature-based.
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(B) Whether the project is based on the
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best available science and engineering stand-
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ards.
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(C) Whether the project will mitigate the
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airport’s impact on the environment.
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(D) Other items determined appropriate by
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the Secretary.
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(4) ELIGIBILITY.—To be eligible to receive a
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grant under the pilot program under this section, a
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•S 1055 IS
sponsor of an airport shall submit an application to
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the Secretary at such time, in such form, and con-
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taining such information as the Secretary may re-
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quire. Such information shall include a description
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of how the proposed project is projected to benefit
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and potentially impact both the airport and the sur-
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rounding communities regarding changing condi-
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tions, weather events, and natural disasters.
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(5) REPORTS TO SECRETARY.—A sponsor of an
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airport that is awarded a grant under the pilot pro-
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gram under this section shall submit to the Sec-
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retary periodic reports on the use of the funds. Such
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reports shall be submitted at such time, in such
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form, and containing such information as the Sec-
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retary may require.
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(b) DISTRIBUTION FOR REGIONAL AIRPORTS.—In
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conducting the pilot program under this section, the Sec-
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retary shall ensure that not less than 15 percent of the
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funds made available under subsection (e) is used to
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award grants to sponsors of regional airports.
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(c) FEDERAL SHARE.—The United States Govern-
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ment’s share of allowable project costs for a project car-
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ried out with a grant under the pilot program shall be
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the United States Government’s share of allowable project
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costs specified under section 47109 of title 49, United
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States Code.
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(d) REQUIREMENTS.—The construction work for a
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project funded with grant under the pilot program shall
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be subject to the requirements under section 47112 of title
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49, United States Code.
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(e) REPORT TO CONGRESS.—
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(1) IN
GENERAL.—Not later than 6 months
8
after the Secretary first awards a grant under the
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pilot program under this section, and annually there-
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after for as long as the Secretary is conducting the
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pilot program under this section, the Secretary shall
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submit to the Committee on Commerce, Science, and
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Transportation and the Committee on Environment
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and Public Works of the Senate and the Committee
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on Transportation and Infrastructure of the House
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of Representatives a report that evaluates the pilot
17
program established under this section. Each such
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report shall include—
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(A) a description of each project funded
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under the program, including the changing con-
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dition or weather event or natural disasters the
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project is addressing;
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(B) a description of the applications under
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the program;
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(C) recommendations to improve the ad-
1
ministration of the program, including whether
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assistance from additional or fewer agencies to
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carry out the program is appropriate;
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(D) a description of the period required to
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disburse grant funds to sponsors based on ap-
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plicable Federal coordination requirements;
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(E) a description of the facilities that re-
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peatedly require repair or reconstruction due to
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weather events and natural disasters (as de-
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scribed in subsection (a)); and
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(F) other items determined appropriate by
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the Secretary.
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(2)
PUBLIC
AVAILABILITY.—The
Secretary
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shall post each report submitted under paragraph
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(1) on the public internet website of the Department
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of Transportation.
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(f) FUNDING.—There is authorized to be appro-
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priated to the Secretary $300,000,000 for each of fiscal
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years 2024 through 2028 to carry out this section. Such
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sums shall remain available until expended.
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(g) DEFINITIONS.—In this section:
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(1) AIRPORT.—The term ‘‘airport’’ has the
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meaning given that term in section 40102 of title
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49, United States Code.
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(2) REGIONAL AIRPORT.—The term ‘‘regional
1
airport’’ means a small hub airport, a nonhub air-
2
port, a nonprimary airport, and a reliever airport (as
3
such terms are dined in section 47102 of title 49,
4
United States Code).
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(3) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Transportation.
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Æ
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