Promoting Equitable Transit-Oriented Development and Mobility Corridors Act

I 116TH CONGRESS 2D SESSION H. R. 7074 To establish an Office of Equitable Transit-Oriented Development and Mobil- ity to carry out an equitable transit-oriented development and mobility grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 1, 2020 Mr. GARCI´A of Illinois (for himself, Mrs. WATSON COLEMAN, Mr. COHEN, Ms. PRESSLEY, Mr. SOTO, Mr. CARSON of Indiana, Mr. THOMPSON of Mis- sissippi, and Ms. OCASIO-CORTEZ) 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 sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish an Office of Equitable Transit-Oriented Devel- opment and Mobility to carry out an equitable transit- oriented development and mobility grant program, 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 ‘‘Promoting Equitable 4 Transit-Oriented Development and Mobility Corridors 5 Act’’. 6 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7074 IH SEC. 2. DEFINITIONS. 1 (a) IN GENERAL.—In this Act, the following defini- 2 tions apply: 3 (1) EQUITABLE TRANSIT-ORIENTED DEVELOP- 4 MENT.—The term ‘‘equitable transit-oriented devel- 5 opment’’ means— 6 (A) the creation and support of commu- 7 nities of opportunity, especially disadvantaged 8 or low-income communities where residents of 9 all incomes, ages, races, and ethnicities partici- 10 pate in, and benefit from, living in connected, 11 healthy, vibrant places connected by public 12 transportation; and 13 (B) including, in communities of oppor- 14 tunity, a mixture of housing (including a sig- 15 nificant level of affordable housing), office, re- 16 tail, and other amenities as part of a walkable 17 neighborhood generally located within a half 18 mile of quality public transportation. 19 (2) ETOD AND MOBILITY PLAN.—The term 20 ‘‘eTOD and Mobility Plan’’ means a plan for equi- 21 table transit-oriented development and mobility cor- 22 ridors developed under section 4. 23 (3) MOBILITY CORRIDOR.—The term ‘‘mobility 24 corridor’’ means a major economic corridor that in- 25 tegrates safety, mobility, and access for freight, ac- 26 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7074 IH tive transportation, and public transportation along 1 the corridor while promoting quality of life, economic 2 development, and greenhouse gas reduction, includ- 3 ing, at a minimum— 4 (A) at least 125 acres with centrality to 5 employment and amenities; 6 (B) meets a location affordability as de- 7 fined by a household spending no more than 45 8 percent or more of their income on housing and 9 transportation as determined by the Location 10 Affordability Index published by the Depart- 11 ment of Transportation and the Department of 12 Urban Development; 13 (C) mixed commercial use or community- 14 based facility and residential use; and 15 (D) mobility options to reduce personal ve- 16 hicle miles used or green house gas emissions. 17 (4) PRIORITY INVESTMENT AREA.—The term 18 ‘‘priority investment area’’ means an area certified 19 as a priority investment area in an eTOD and Mo- 20 bility Plan. 21 (5) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of Transportation. 23 (6) STATE TRANSPORTATION AUTHORITY.—The 24 term ‘‘State transportation authority’’ means the 25 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7074 IH State agency or official responsible under the direc- 1 tion of the Governor of the State or a State law for 2 preparation, maintenance, coordination, and admin- 3 istration of the State transportation, rail, and public 4 transportation plan. 5 (b) APPLICABILITY OF CHAPTER 53 DEFINITIONS.— 6 In this Act, any term defined in chapter 53 of title 49, 7 United States Code, has the meaning given that term in 8 that chapter. 9 SEC. 3. OFFICE OF EQUITABLE TRANSIT-ORIENTED DEVEL- 10 OPMENT. 11 (a) ESTABLISHMENT.—The Secretary shall establish 12 within the Department of Transportation an Office of Eq- 13 uitable Transit-Oriented Development and Mobility. 14 (b) RESPONSIBILITIES.—The responsibilities of the 15 Office of Equitable Transit-Oriented Development and 16 Mobility are— 17 (1) to establish and manage the eTOD and mo- 18 bility grant program established under section 5; 19 (2) to certify eTOD and Mobility Plans; 20 (3) to certify priority investment areas included 21 in such Plans; and 22 (4) to coordinate Federal resources for eligible 23 projects in certified priority investment areas. 24 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7074 IH SEC. 4. STATE PLANS. 1 (a) ESTABLISHMENT.—To be eligible for assistance 2 under section 5 or any of sections 7 through 11, a State 3 shall, in coordination with metropolitan planning organiza- 4 tions, transit agencies and local governments, including 5 tribal governments, within the State, develop a plan for 6 equitable transit-oriented development and mobility cor- 7 ridors that proposes priority investment areas and projects 8 proposed to be carried out in those areas. 9 (b) PURPOSES.—The purposes of the eTOD and Mo- 10 bility Plan shall be the following: 11 (1) To identify priority investment areas in the 12 State with a need for a comprehensive investment 13 strategy to keep and revitalize existing neighbor- 14 hoods and corridors while maintaining and enhanc- 15 ing housing and transportation affordability and cre- 16 ating equal opportunity for existing residents and 17 businesses. 18 (2) Support implementation of local and com- 19 munity transportation and land use plans consistent 20 with sustainable State, regional, and local growth 21 plans, policies, and strategies to achieve quality of 22 life, economic vitality, and greenhouse gas reduction 23 goals. 24 (3) Encourage and create convenient, safe 25 multi-modal access to the public transportation sys- 26 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7074 IH tem, with an emphasis on non-motorized access and 1 neighborhood walkability and mobility. 2 (4) To establish the period covered by the 3 eTOD and Mobility Plan. 4 (5) To serve as the basis for Federal and State 5 investments within the State. 6 (c) CRITERIA FOR STATE PLANS.—The eTOD and 7 Mobility Plan shall contain the following: 8 (1) Clearly integrate State and regional housing 9 and transportation improvement plans and imple- 10 ment an accountability mechanism that ensures an 11 individual’s average combined housing and transpor- 12 tation cost does not exceed 40 percent of total 13 household spending for such individual. 14 (2) Create a shared vision and implementation 15 plan for priority investment areas for infrastructure, 16 climate mitigation, and development. 17 (3) Increase the value and effectiveness of pub- 18 lic transportation by increasing ridership with a 19 focus on people of color and middle to low income 20 individuals. 21 (4) Promote mutually beneficial partnerships 22 between public, private, and community-based non- 23 profit organizations and disadvantaged business en- 24 terprises. 25 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7074 IH (5) Make equitable transit-oriented development 1 an integral component of, and supportive of, public 2 transportation, land use, climate resiliency, and eco- 3 nomic development project planning and delivery, es- 4 pecially in supporting the retention of existing resi- 5 dents in developing communities. 6 (6) Reduce and mitigate social and economic 7 impacts on existing residents and businesses vulner- 8 able to displacement caused by economic pressures 9 in stronger markets as well as depopulations caused 10 by disinvestment. 11 (7) Promote an increase in State, local, and pri- 12 vate investment in both public transportation and 13 mobility options, specifically through a value capture 14 mechanism. 15 (8) Increase State, local, and private investment 16 in economic development especially in disadvantaged 17 or low-income communities and communities of 18 color. 19 (9) Engage a broad cross-section of the commu- 20 nity most affected by future investments in an inclu- 21 sive, effective, transparent process. 22 (10) Create affordable housing and commercial 23 options as well as community facilities near public 24 transportation with priority given to affordability, 25 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7074 IH and to community-based ownership and entrepre- 1 neurship, with a focus on participation of disadvan- 2 taged business enterprises. 3 (d) PRIORITY INVESTMENT AREA.—Each eTOD and 4 Mobility Plan shall propose priority investment areas that 5 will serve as the eligible locations for projects described 6 under subsection (d) in the State. A priority investment 7 area shall be— 8 (1) within a half mile of a public transportation 9 facility that includes a fixed-guideway public trans- 10 portation station, designated high-speed rail or exist- 11 ing intercity rail station, or a major local transit hub 12 connecting more than 3 local transit lines; or 13 (2) a mobility corridor designated by a state 14 transportation authority or metropolitan planning 15 organization in consultation with local governments 16 that consists of walkable rural main streets or a sub- 17 urban economic center. 18 (e) REQUIRED FINANCE PLAN.—A strategy created 19 under this subsection shall include an implementation plan 20 that identifies a 5-year financing plan for proposed im- 21 provements, including any financial gap, and a timeline 22 for adoption of the strategy by relevant local governments. 23 (f) PUBLIC COMMENT.—In developing and reviewing 24 an eTOD and Mobility Plan, a State shall provide ade- 25 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7074 IH quate and reasonable notice and opportunity for comment 1 and other input to— 2 (1) the public; 3 (2) community organizations, affordable hous- 4 ing agencies and public transportation agencies; 5 (3) units of local government; and 6 (4) other interested parties. 7 (g) COORDINATION WITH OTHER STATE PLANS.— 8 In developing an eTOD and Mobility Plan, a State shall 9 ensure that such plan is coordinated with— 10 (1) other State, regional planning agencies, 11 metropolitan planning organizations, and local trans- 12 portation planning goals and programs; 13 (2) economic and community development 14 plans; and 15 (3) comprehensive State or regional housing 16 plans. 17 (h) INTERGOVERNMENTAL COORDINATION.—In de- 18 veloping an eTOD and Mobility Plan, a State shall— 19 (1) review the freight and passenger rail service 20 activities and initiatives of regional planning agen- 21 cies, regional transportation authorities, and munici- 22 palities within the State or in the region in which 23 the State is located; and 24 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7074 IH (2) include any recommendations made by such 1 agencies, authorities, and municipalities as consid- 2 ered appropriate by the State. 3 (i) CERTIFICATION OF ETOD AND MOBILITY 4 PLANS.—Upon submission of an eTOD and Mobility Plan 5 to the Office of Equitable Transit-Oriented Development 6 and Mobility, such Office shall— 7 (1) review the proposed priority investment 8 areas and projects in the eTOD and Mobility Plan; 9 (2) certify the eTOD and Mobility Plan if each 10 priority investment area meets the requirements of 11 this section; and 12 (3) for each eTOD and Mobility Plan, deter- 13 mine whether each proposed project included in such 14 Plan meets the requirements of this section and cer- 15 tify each such project for eligibility for funding 16 under this Act and the amendments made by this 17 Act. 18 (j) WAIVER.—The Secretary may grant certification 19 waiver for States with equitable development policies en- 20 acted prior to the enactment of this Act that substantially 21 meet the requirements set forth this section. 22 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7074 IH SEC. 5. EQUITABLE TRANSIT-ORIENTED DEVELOPMENT 1 AND MOBILITY GRANT AND TECHNICAL AS- 2 SISTANCE PROGRAM. 3 (a) ESTABLISHMENT.—The Secretary shall establish 4 a competitive grant program to be administered by the Of- 5 fice of Equitable Transit-Oriented Development and Mo- 6 bility to provide technical assistance grants for States car- 7 rying out equitable transit-oriented development and mo- 8 bility projects. 9 (b) ELIGIBLE APPLICANTS.—The Secretary shall 10 provide grants under the program to eligible activities car- 11 ried out by a State with regional planning agencies, metro- 12 politan planning organizations, local governments, includ- 13 ing tribal governments, and at least 1 community-based 14 nonprofit organization. 15 (c) TECHNICAL ASSISTANCE GRANTS.— 16 (1) IN GENERAL.—A technical assistance grant 17 provided under this section shall be used to create 18 a strategy for a priority investment area to increase 19 equitable economic development (including mixed in- 20 come and mixed use development), including locally 21 determined activities necessary to create the condi- 22 tions that will lead to successful equitable transit- 23 oriented development or a mobility corridor. 24 VerDate Sep 11 2014 03:30 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7074.IH H7074 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7074 IH (2) ELIGIBLE ACTIVITIES.—The following ac- 1 tivities may be included in the strategy developed 2 under paragraph (1): 3 (A) Reducing regulatory or procedural bar- 4 riers to private investment in areas near transit 5 or in areas with hig [Text truncated for display. 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