Innovation in Surface Transportation Act of 2014 - Directs the Secretary of Transportation (DOT), in coordination with state transportation departments, to establish an innovation in surface transportation program.
Requires states to make competitive grants for innovative surface transportation projects to eligible entities, including local governments, metropolitan planning organizations, regional transportation authorities, transit agencies, tribal governments, private providers of public transportation, nonprofit transportation organizations, port authorities, joint power authorities, freight rail providers, and local rail authorities.
Requires each state (including the governor and state department of transportation) to establish an innovation in surface transportation selection panel to formulate criteria for selecting projects.
Requires a state to reserve certain percentages of federal funds apportioned for the national highway performance, the highway safety improvement, the congestion mitigation and air quality improvement, surface transportation, and transportation alternatives programs in order to fund related projects under state innovative surface transportation grants.
Authorizes a state to reserve a specified percentage of apportioned funds to meet rural local government requests to support development of project applications.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2891 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2891
To amend title 23, United States Code, to direct the Secretary of
Transportation to establish an innovation in surface transportation
program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2014
Mr. Booker (for himself, Mr. Wicker, Mr. Begich, Mr. Cochran, and Mr.
Casey) 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 direct the Secretary of
Transportation to establish an innovation in surface transportation
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation in Surface Transportation
Act of 2014''.
SEC. 2. INNOVATION IN SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 104 the following:
``Sec. 105. Innovation in surface transportation program
``(a) Purposes.--The purposes of this section are--
``(1) to increase the return on investment in the surface
transportation system of the United States;
``(2) to make the surface transportation system of the
United States more reliable, safe, and efficient by advancing
innovative projects selected through State competitions;
``(3) to increase input from local government and
stakeholders on projects receiving funding; and
``(4) to leverage Federal highway dollars further through
in-State competitions.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local government;
``(B) a metropolitan planning organization;
``(C) a regional transportation authority;
``(D) a transit agency;
``(E) a tribal government;
``(F) a private provider of public transportation;
``(G) a nonprofit transportation organization;
``(H) a port authority;
``(I) a joint power authority;
``(J) a freight rail provider; and
``(K) a local rail authority.
``(2) Eligible project.--The term `eligible project'
means--
``(A) a project eligible under--
``(i) section 133(b), relating to the
surface transportation program;
``(ii) section 148, relating to the highway
safety improvement program;
``(iii) section 149(b), relating to the
congestion mitigation and air quality
improvement program; or
``(iv) section 213(b), relating to the
transportation alternatives program; and
``(B) a surface transportation project that will
improve the movement of goods along a primary freight
network, including multimodal facilities near a primary
freight route.
``(3) Program.--The term `program', except as otherwise
specifically provided, means the `innovation in surface
transportation program' established under this section.
``(4) Rural local government.--The term `rural local
government' means a local government for an area that is not an
urbanized area (as defined by the Census Bureau).
``(5) State selection panel.--The term `State selection
panel' means an innovation in surface transportation selection
panel established by a State under subsection (e).
``(c) Establishment.--The Secretary, in coordination with State
transportation departments, shall establish an innovation in surface
transportation program in accordance with the requirements of this
section.
``(d) Grants.--
``(1) In general.--A State shall make grants under this
section to eligible entities for eligible projects to be
carried out in the State using funds reserved by the State for
a fiscal year under subsection (j)(1).
``(2) State competitions.--
``(A) In general.--For the purposes of making
grants under this section, a State shall conduct a
competition each fiscal year under which the State will
accept grant applications submitted by eligible
entities.
``(B) Competition dates.--A State shall conduct a
competition under subparagraph (A)--
``(i) not later than 180 days after the
date of enactment of the Innovation in Surface
Transportation Act of 2014; and
``(ii) not later than 30 days after the
first day of each fiscal year beginning after
the date of enactment of the Innovation in
Surface Transportation Act of 2014.
``(3) Selection criteria.--
``(A) Establishment.--The State selection panel
under subsection (e) shall establish and make available
to the public the project selection criteria that will
be used by the State in conducting competitions under
paragraph (2).
``(B) Factors.--The project selection criteria of a
State shall provide for the approval of project
applications based on the extent to which the
projects--
``(i) improve the safety for all users of
the transportation network;
``(ii) strengthen the contribution of a
national multimodal freight network to the
economic competitiveness of the United States;
``(iii) promote multimodal connectivity;
``(iv) strengthen return on investment,
particularly the impact on local economic
development;
``(v) improve access to jobs and sources of
labor, schools and opportunity;
``(vi) optimize the usage and efficiency
through better design and operation of existing
transportation facilities;
``(vii) improve the reliability of the
transportation system of the United States;
``(viii) improve environmental performance
of the transportation system;
``(ix) encourage innovation and the use of
technology; and
``(x) further the purposes described in
subsection (a).
``(C) Special consideration of certain factors.--In
addition to the factors specified in subparagraph (B),
the project selection criteria of a State shall provide
that special consideration be given equally--
``(i) to projects that--
``(I) maximize the amount of
proposed project costs that can be
borne by the applicant from non-Federal
sources; or
``(II) have prior significant
Federal or non-Federal investment; and
``(ii) to projects in public jurisdictions
with high poverty areas (as defined by the
Census Bureau).
``(D) Funding distribution.--The project selection
criteria of a State shall take into consideration the
equitable distribution of funds by geography and
population.
``(4) Special rule for private transportation providers.--
An eligible entity that is a private transportation provider
may submit a project application in a State competition
conducted under paragraph (2) only if the application is
sponsored by a public entity.
``(e) Innovation in Surface Transportation Selection Panel.--
``(1) In general.--A State (including the Governor and
State Department of Transportation), in coordination with local
transportation stakeholders, shall establish an innovation in
surface transportation selection panel in accordance with this
subsection.
``(2) Duties.--A State selection panel shall--
``(A) review project applications submitted to the
State during a competition conducted under subsection
(d)(2); and
``(B) approve and disapprove the project
applications based on the criteria set forth in
subsection (d)(3).
``(3) Membership.--A State selection panel shall be
composed of the following members to be appointed by the State:
``(A) Not fewer than 3 individuals representing the
transportation department of the State.
``(B)(i) Not fewer than 3 individuals representing
local governments in the State, with at least 1
representative from each of--
``(I) a jurisdiction with a population of
50,000 individuals or fewer;
``(II) a jurisdiction with a population of
more than 50,000 individuals and not more than
1,000,000 individuals; and
``(III) a jurisdiction with a population of
more than 1,000,000 individuals, if applicable.
``(ii) If a State does not have a jurisdiction that
meets the criteria of 1 of the subclauses of clause
(i), the selection panel shall select a representative
from a jurisdiction eligible under any of the other
subclauses in order to secure the appropriate number of
representatives pursuant to this subparagraph.
``(C) Not fewer than 3 individuals representing
metropolitan planning organizations, councils of
governments, rural planning organizations, and other
joint powers authorities in the State charged with
transportation responsibilities, including Indian
tribes and tribal coalitions.
``(4) Additional members.--In addition to the members
appointed under paragraph (3), a State selection panel shall be
composed of members to be appointed by the State, in
coordination with local transportation stakeholders, from among
individuals representing--
``(A) local chambers of commerce, including
transportation management organizations, travel and
tourism boards, and other coalitions of employers and
commerce;
``(B) local air quality boards or organizations
supporting improved air quality;
``(C) State safety boards or local organizations
supporting safety;
``(D) transit agencies;
``(E) port authorities, if applicable;
``(F) active transportation organizations;
``(G) public interest organizations; and
``(H) public health quality boards or local
organizations supporting improving public health.
``(5) Distribution of representatives.--A State shall
appoint members to the section panel of the State in a manner
such that--
``(A) the number of members appointed under each of
subparagraphs (A), (B), and (C) of paragraph (3) is
equal; and
``(B) not less than 1 member, and not more than 9
members, appointed under paragraph (4) shall be
described in each of subparagraphs (A), (B), (C), (D),
(E) if applicable, (F), (G), and (H) of paragraph (4).
``(6) Geographic diversity.--The members of a State
selection panel shall be geographically diverse, to the extent
practicable.
``(7) Representation limitation.--Except for the
representatives described in paragraphs (3)(A) and (3)(B), no
entity may be represented on a State selection panel for more
than 2 consecutive years if a comparable entity can also be
represented on the panel.
``(8) Continuity.--A State shall appoint members to the
selection panel of the State using a 2-tiered rotation process
that ensures continuity of the panel by rotating the membership
of the panel on a staggered basis.
``(f) Technical Assistance for Certain Areas.--
``(1) Rural eligibility.--The State shall support
development of project applications under this section if
requested by an eligible rural local government.
``(2) Reservation of funds.--The State may reserve not more
than 0.25 percent of the funds reserved for a fiscal year under
subsection (j) to meet specific requests for support from
eligible rural local governments.
``(g) Transparency.--Not later than 30 days after a State has
selected projects for a fiscal year to receive funding under this
section, the State shall make available, in a publically accessible
medium that is easy to navigate--
``(1) the criteria and methodology used to select the
projects;
``(2) a list of all the projects for which funding was
requested, including, for each such project--
``(A) the total estimated project cost;
``(B) the amount of funding requested; and
``(C) the type of modal project;
``(3) a list of projects that were selected to receive
funding under this section, including, for each such project--
``(A) the amount of funding requested;
``(B) the amount of funding granted; and
``(C) the source of the non-Federal share of cost
of the project; and
``(4) the ranking and scoring of all projects for which
funding was requested.
``(h) Reporting Requirements.--
``(1) State reports.--Not later than 180 days after the
last day of each fiscal year, a State shall submit to the
Secretary a report that describes--
``(A) the information required under subsection
(g);
``(B) the organizations that were represented on
the selection panel of the State;
``(C) the portion of the funds available to the
State for the program that have been obligated; and
``(D) the percentage of the funds available to the
State for the program that were used for administrative
expenses.
``(2) Biennial report to congress.--Not later than
September 30, 2016, and biennially thereafter, the Secretary
shall submit a consolidated report on the program, including a
review of the State reports submitted pursuant to paragraph
(1), to--
``(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Committee on Environment and Public Works
of the Senate; and
``(D) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(3) Availability.--The Secretary shall make the report
submitted under paragraph (2) available on the public Internet
website of the Department of Transportation.
``(i) Special Rule for States With Competitive and Suballocated
Programs.--
``(1) In general.--The Secretary may permit a State to
distribute funding described in subparagraph (A), (B), (C),
(D), or (E) of subsection (j)(1) through the mechanisms
described in paragraph (2) if the Secretary certifies that the
State is distributing the funding in a manner that fulfills the
purposes of this section.
``(2) Distribution mechanisms.--Distribution mechanisms
that qualify under paragraph (1) include--
``(A) an open and competitive State program that is
substantially similar to the requirements of this
section;
``(B) direct suballocation to metropolitan areas of
40 percent of all funds--
``(i) apportioned to the State under
sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4); and
``(ii) allocated to the State under section
213(a)(1);
``(C) has a competitive State program and direct
suballocation to metropolitan areas or direct
recipients of funds under section 5307 of title 49, of
more than 95 percent of the funds--
``(i) apportioned to the State under
sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4); or
``(ii) allocated to the State under section
133(d)(1)(B); and
``(D) a certification by the Secretary that the
State is distributing grant funding in compliance with
the requirements of this section or in a manner that is
substantially similar to such requirements.
``(3) Publication in federal register.--Before making a
certification under paragraph (1), the Secretary shall--
``(A) publish in the Federal Register the intent of
the Secretary to make the certification;
``(B) provide the public not fewer than 90 days to
comment on the proposed certification; and
``(C) take into consideration any comments received
during the comment period.
``(4) Letter to congress.--At least 15 days before making a
certification under paragraph (1), the Secretary shall submit a
letter to the congressional committees referred to in
subsection (h)(2) and the members of the congressional
delegation of the State that includes--
``(A) a notification of the Secretary's intent to
make the certification; and
``(B) a justification for the proposed
certification.
``(j) Funding.--
``(1) Reservation of funds.--On October 1 of each fiscal
year, a State shall make the following reservations of funds:
``(A) National highway performance program.--The
State shall reserve 10 percent of the amount
apportioned to the State for the fiscal year under
section 104(b)(1)--
``(i) for carrying out State competitions
under this section; and
``(ii) for making grants under this section
for eligible projects.
``(B) Highway safety improvement program.--The
State shall reserve not less than 33 percent of the
amount apportioned to the State for the fiscal year
under section 104(b)(3) for making grants under this
section for eligible projects that are projects
described in section 148.
``(C) Congestion mitigation and air quality
improvement program.--
``(i) In general.--The State shall reserve
not less than 33 percent of the amount
apportioned to the State for the fiscal year
under section 104(b)(4), and unobligated
balances for this section from the prior fiscal
year for making grants under this section for
eligible projects that are projects described
in section 149(b).
``(ii) Nonattainment areas.--States with
nonattainment areas (as defined in section
171(2) of the Clean Air Act (42 U.S.C.
7501(2))) shall use amounts reserved under this
paragraph for making grants under this section
for eligible projects described in section
149(b) in those areas.
``(D) Surface transportation program.--The State
shall reserve not less than 33 percent of the amount
allocated to the State for the fiscal year under
section 133(d)(1)(B) for making grants under this
section for eligible projects.
``(E) Transportation alternatives program.--The
State shall reserve 33 percent of the amount reserved
by the State for the fiscal year under section
213(c)(1)(B) for making grants under this section for
eligible projects that are projects described in
section 213(b).
``(2) Special rule.--Any funds that a State directly
suballocates to metropolitan areas or direct recipients of
funds under section 5307 of title 49 or awards through an open
statewide competition to eligible entities shall be excluded
from the funds from which the reservations under subsection
(f)(2) are made.
``(3) Nonawarded funds.--
``(A) In general.--A State shall recompete the
funds using the process under subsection (d)(2) for
funds reserved under this subsection if--
``(i) any funds reserved by the State for a
fiscal year under paragraph (1) have not been
awarded by the State in grants under this
section on or before the last day of the fiscal
year; and
``(ii) any funds awarded in grants under
this section remain unobligated by the grant
recipient after the last day of the 3-year
period beginning on the date on which the grant
was awarded.
``(B) Redirection of funds.--Once a State has
fulfilled the requirements of subparagraph (A), a State
may redirect funds reserved under this subsection for
sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4), and 213(a)(1) for funds that remain
unobligated for an additional 3 fiscal years.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 104 the following:
``105. Innovation in surface transportation program.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5794)
Read twice and referred to the Committee on Environment and Public Works.
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