NO TOD Act

I 118TH CONGRESS 1ST SESSION H. R. 4131 To amend title 23 and title 49, United States Code, to remove transit- oriented development projects as projects eligible for assistance under the transportation infrastructure finance and innovation program and the railroad rehabilitation and improvement financing program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 14, 2023 Mr. PERRY introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23 and title 49, United States Code, to remove transit-oriented development projects as projects eligible for assistance under the transportation infra- structure finance and innovation program and the rail- road rehabilitation and improvement financing 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 ‘‘Negating Obligations 4 for Transit-Oriented Developments Act’’ or the ‘‘NO TOD 5 Act’’. 6 VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4131 IH SEC. 2. TRANSPORTATION INFRASTRUCTURE FINANCE AND 1 INNOVATION PROGRAM. 2 (a) GENERALLY APPLICABLE PROVISIONS.—Section 3 601(a)(12) of title 23, United States Code, is amended— 4 (1) by striking subparagraph (E); and 5 (2) by redesignating subparagraphs (F) 6 through (H) as subparagraphs (E) through (G), re- 7 spectively. 8 (b) DETERMINATION OF ELIGIBILITY AND PROJECT 9 SELECTION.—Section 602(a) of title 23, United States 10 Code, is amended— 11 (1) in paragraph (5)(B)— 12 (A) by striking clause (ii); and 13 (B) by redesignating clauses (iii) and (iv) 14 as clauses (ii) and (iii), respectively; and 15 (2) by adding at the end the following: 16 ‘‘(12) INELIGIBLE PROJECTS.— 17 ‘‘(A) IN GENERAL.—Notwithstanding any 18 other provision of law, a transit-oriented devel- 19 opment project shall not be eligible to receive 20 assistance under the TIFIA program. 21 ‘‘(B) DEFINITION.—In this paragraph, the 22 term ‘transit-oriented development project’ 23 means a project or components of a project de- 24 signed for commercial or residential use.’’. 25 VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4131 IH (c) CONFORMING AMENDMENT.—Section 608(a)(4) 1 of title 23, United States Code, is amended— 2 (1) by striking subparagraph (A); and 3 (2) by striking ‘‘(B) AIRPORT-RELATED 4 PROJECTS’’ and all that follows through ‘‘The Sec- 5 retary’’ and inserting ‘‘The Secretary’’. 6 (d) APPLICABILITY.—This section and the amend- 7 ments made by this section shall apply to project applica- 8 tions submitted on or after the date of enactment of this 9 Act. 10 SEC. 3. RAILROAD REHABILITATION AND IMPROVEMENT 11 FINANCING. 12 (a) IN GENERAL.—Section 22402 of title 49, United 13 States Code, is amended— 14 (1) in subsection (b)(1)— 15 (A) in subparagraph (D) by inserting ‘‘or’’ 16 at the end; 17 (B) in subparagraph (E) by striking ‘‘; or’’ 18 and inserting a period at the end; and 19 (C) by striking subparagraph (F); and 20 (2) in subsection (c)(6) by striking ‘‘and in- 21 crease transit-oriented development’’. 22 (b) APPLICABILITY.—This section and the amend- 23 ments made by this section shall apply to applications for 24 VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4131 IH direct loans or guaranteed loans submitted on or after the 1 date of enactment of this Act. 2 SEC. 4. ELIMINATION OF TRANSIT-ORIENTED DEVELOP- 3 MENT PLANNING PILOT PROGRAM. 4 Section 20005 of MAP–21 (49 U.S.C. 5303 note) is 5 amended by striking subsection (b). 6 Æ VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4131.IH H4131 pbinns on DSKJLVW7X2PROD with $$_JOB