Building Much Needed Rail Grade Separations Act of 2020
This bill establishes a grade separation investment program to award competitive grants to certain entities for projects that
Among other requirements, the bill (1) requires grant awards for large projects (projects with total costs of greater than $100 million) to be at least $50 million, and for any other projects not less than $2.5 million; and (2) directs the Department of Transportation to consider a number of factors in awarding grants, including accident history at the rail-highway crossing over the last 10 years, the annual average daily traffic at the crossing, the likelihood of a collision based on the geometry of the crossing, and the number of critical facilities near the crossing.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6224 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6224
To amend title 23, United States Code, to establish a dedicated,
competitive highway-rail grade separation program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2020
Mr. Lipinski introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish a dedicated,
competitive highway-rail grade separation 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 ``Building Much Needed Rail Grade
Separations Act of 2020''.
SEC. 2. GRADE SEPARATION GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 130 the following:
``Sec. 131. Railway-highway crossing separation program
``(a) Definitions.--In this section:
``(1) Crossing.--The term `crossing' means a railway-
highway grade crossing.
``(2) Grade separation.--The term `grade separation' means
separation of a rail-highway grade crossing through the
building of an additional structure such as an overpass,
underpass, or trench.
``(3) Large project.--The term `large project' means a
project funded under this section that has a total eligible
project costs of greater than $100,000,000.
``(4) Program.--The term `Program' means the grade
separation investment program established under subsection
(b)(1).
``(b) Establishment of Grade Separation Program.--
``(1) In general.--The Secretary shall establish a grade
separation investment program to provide grants on a
competitive basis to carry out activities described in
subsection (h) relating to grade separations.
``(2) Goals.--The goals of the Program shall be--
``(A) to separate railway-highway grade crossings;
``(B) to improve safety by reducing the number of
deaths and injuries at rail-highway crossings;
``(C) to increase the efficiency, and reliability
of the movement of people and freight over rail-highway
crossings;
``(D) to increase the capacity of the freight and
passenger rail system;
``(E) to reduce the amount of noise from trains;
and
``(F) to improve air quality and reduce greenhouse
gas emissions from less idling at rail-highway
crossings.
``(c) Funding.--
``(1) Grant amounts.--Except as otherwise provided, a grant
under the Program shall be--
``(A) in the case of a large project, in an amount
that is--
``(i) adequate to fully fund the project
(in combination with other financial resources
identified in the application); and
``(ii) not less than $50,000,000; and
``(B) in the case of an eligible project that is
not a large project, in an amount that is--
``(i) adequate to fully fund the project
(in combination with other financial resources
identified in the application); and
``(ii) not less than $2,500,000.
``(2) Maximum amount.--For an eligible project receiving
assistance under the Program, the amount of assistance provided
by the Secretary under this section, as a share of eligible
project costs, shall be--
``(A) in the case of a large project, not more than
50 percent; and
``(B) in the case of a project this not a large
project, not more than 80 percent.
``(3) Railroad share.--A railroad's share of the cost of a
project funded under this section--
``(A) shall be 10 percent of the net benefit to the
railroad for the purpose of determining the railroad's
share of the cost of the project; and
``(B) may not be more than 5 percent of the cost
share described under subparagraph (A) may be
attributable to non-cash contributions of materials and
labor furnished by the railroad in connection with the
construction of such project.
``(4) Large projects.--At least 70 percent of the funds
awarded in a fiscal year under this Program shall go to large
projects.
``(5) Future pipeline.--At least 5 percent of the total
amount awarded in a fiscal year under this Program shall be for
projects seeking funding for planning, preliminary engineering,
or final environmental review. The Secretary shall ensure that
the funding awarded is sufficient for such project to be
eligible for grant amounts for final design or construction in
a future application cycle.
``(d) Eligible Entity.--The Secretary may make a grant under the
Program to any of the following:
``(1) A State.
``(2) A group of States.
``(3) An interstate compact.
``(4) A public agency or publicly chartered authority
established by 1 or more States.
``(5) A political subdivision of a State.
``(6) A metropolitan planning organization.
``(7) Amtrak or another rail carrier that provides
intercity rail passenger transportation (as defined in section
24102 of title 49).
``(8) A commuter rail authority.
``(9) A Tribal government or a consortium of Tribal
governments.
``(10) A multistate or multijurisdictional group of
entities described in paragraphs (1) through (9).
``(e) Considerations.--
``(1) Primary considerations.--In awarding grants under the
Program, the Secretary shall consider the following primary
factors:
``(A) Accident history at the crossing over the
last 10 years, including the number of fatalities and
injuries.
``(B) Volume of trains, both freight and passenger,
passing through the crossing.
``(C) Average speed of trains, both freight and
passenger, that pass through the crossing.
``(D) Annual average daily traffic at the crossing.
``(E) Likelihood of a collision based on the
geometry of the crossing.
``(F) Design speed and speed limit of the roadway
that meets the crossing.
``(G) The number of other at-grade crossings in the
vicinity of the project location.
``(H) The number of other grade separated crossings
in the vicinity of the project location.
``(I) The amount of critical facilities near the
crossing, including emergency response services,
hospitals, schools, chemical and power plants
(including nuclear), military bases and installations,
and other similar facilities as determined by the
Secretary.
``(2) Secondary considerations.--In awarding grants under
the Program, the Secretary shall consider the following
secondary factors:
``(A) Improvement in air quality, including
reductions in greenhouse gas emissions.
``(B) Decrease in train noise.
``(C) Increase in economic development.
``(D) Improvements to commuter and intercity
passenger rail service and on-time performance.
``(E) Improvements to the rail freight network.
``(F) Socioeconomic status of the community where
the project is located.
``(G) The applicant's history of demonstrating
financial commitment to and funding similar projects.
``(3) Prohibited considerations.--In awarding grants under
this section, the Secretary may not--
``(A) limit the amount of grants or assistance any
1 State can receive;
``(B) require a minimum amount of grants or
assistance to go to rural areas; or
``(C) take into consideration the amount of new
non-Federal revenue a grant applicant has raised.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) In general.--The Secretary shall--
``(i) for the first fiscal year for which
funds are made available for obligation under
the Program, not later than 60 days after the
date on which the template under subparagraph
(B)(i) is developed, and in subsequent fiscal
years, not later than 60 days after the date on
which amounts are made available for obligation
under the Program, solicit grant applications
for eligible projects other than large
projects; and
``(ii) not later than 120 days after the
date on which the solicitation under clause (i)
expires, conduct evaluations under paragraph
(3).
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) develop a template for applicants to
use to summarize project needs and benefits,
including benefits described in paragraph
(3)(B)(i); and
``(ii) enable applicants to use data from
the national crossing inventory under section
20160 of title 49 to populate templates
described in clause (i), as applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under
this subsection, the Secretary shall--
``(i) conduct an evaluation of each project
for which an application is received under this
subsection; and
``(ii) assign a quality rating to the
project on the basis of the evaluation under
clause (i).
``(B) Requirements.--In carrying out an evaluation
under subparagraph (A), the Secretary shall--
``(i) consider information on project
benefits submitted by the applicant using the
template developed under paragraph (1)(B)(i),
including how and to what extent the project
will address the factors listed in subsection
(e)(1); and
``(ii) consider whether and the extent to
which the benefits, including the benefits
described in clause (i), are more likely than
not to outweigh the total project costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--The Secretary shall establish an annual
date by which an eligible entity submitting an application for
a large project shall submit to the Secretary such information
as the Secretary may require, including information described
in paragraph (2), in order for a large project to be considered
for a recommendation by the Secretary for funding in the next
annual report under paragraph (6).
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the
Secretary to evaluate the large project; and
``(B) information sufficient for the Secretary to
determine that--
``(i) the large project meets the
applicable requirements under this section; and
``(ii) there is a reasonable likelihood
that the large project will continue to meet
the requirements under this section.
``(3) Determination; notice.--On making a determination
that information submitted to the Secretary under paragraph (1)
is sufficient, the Secretary shall provide a written notice of
that determination to--
``(A) the entity that submitted the application;
``(B) the Committee on Environment and Public Works
of the Senate; and
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(4) Evaluation.--The Secretary may recommend a large
project for funding in the annual report under paragraph (6)
only if the Secretary evaluates the proposed project and
determines that the project is justified because the project--
``(A) addresses a need to eliminate the grade
crossing as determined by the Secretary, consistent
with the goals of the Program under subsection (b)(2);
``(B) will generate significant benefits based upon
the factors listed in subsection (e)(1), as determined
by the Secretary;
``(C) is cost effective based on an analysis of
whether the benefits described in subparagraph (B) are
expected to outweigh the project costs; and
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
construction of the project.
``(5) Ratings.--
``(A) In general.--The Secretary shall create a
data driven ranking to evaluate, rate, and rank large
projects. The Secretary shall develop a methodology
that--
``(i) quantifies each factor listed in
subsection (e)(1)(A) on a numeric point scale,
with zero being the lowest number and the
maximum number determined based on the
Secretary's methodology;
``(ii) calculates a numerical `safety
score' based on how the project would address
each of the factors listed in subsection
(e)(1)(A) with zero being the lowest number and
the maximum number determined based on the
Secretary's methodology;
``(iii) evaluates on a 5-point scale (the
points of which include `high', `medium-high',
`medium', `medium-low', and `low') the benefits
of the project for each of the factors listed
in subsection (e)(1)(B); and
``(iv) evaluates on a 5-point scale (the
points of which include `high', `medium-high',
`medium', `medium-low', and `low') how each
projects meets subparagraphs (C) and (D) of
paragraph (4).
``(B) Overall weighting.--The Secretary shall
develop and publish a methodology that explains how the
Secretary will weight each rating in subparagraph (A)
when awarding grants under this section. The Secretary
shall give at least 50 percent weight to the `safety
score' calculated under subparagraph (A)(ii).
``(C) Prioritization.--The Secretary shall
prioritize funding for those projects scoring highest
under subparagraph (B). To be considered justified and
receive a recommendation for funding in the annual
report under paragraph (6), a project shall receive a
`satisfactory' rating for each rating required under
subparagraph (A). The Secretary shall determine and
publish what is considered a `satisfactory' rating for
the purposes of this subparagraph.
``(D) Posting of ratings.--Not later than 30 days
after announcing an intent to award funds under this
section, the Secretary shall post on the Department of
Transportation's website the overall ranking and
scores, including the score for each metric quantified
under paragraph (5)(A), for each eligible large
application that submitted an application.
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and
Appropriations of the Senate a report that includes--
``(i) a list of large projects that have
requested a recommendation for funding under a
new grant agreement from funds anticipated to
be available to carry out this subsection in
the next fiscal year;
``(ii) the evaluation under paragraph (4)
and ratings under paragraph (5) for each
project referred to in subsection (i); and
``(iii) the grant amounts that the
Secretary recommends providing to large
projects in the next fiscal year, including--
``(I) scheduled payments under
previously signed multiyear grant
agreements under subsection (i);
``(II) payments for new grant
agreements, including single-year grant
agreements and multiyear grant
agreements;
``(III) a description of how
amounts anticipated to be available for
the Program or the President's budget
request for that fiscal year will be
distributed; and
``(IV) for each project for which
the Secretary recommends a new
multiyear grant agreement under
subsection (i), the proposed payout
schedule for the project.
``(B) Limitations.--The Secretary shall not
recommend in an annual report under this paragraph a
new multiyear grant agreement unless the Secretary
determines that the project can be completed using
funds that are anticipated to be available in future
fiscal years.
``(C) Considerations.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall--
``(i) consider the amount of funds
available in future fiscal years for multiyear
grant agreements as described in subparagraph
(B); and
``(ii) assume the availability of funds in
future fiscal years for multiyear grant
agreements that extend beyond the period of
authorization based on the amount made
available for large projects under the Program
in the last fiscal year of the period of
authorization.
``(h) Eligible Project Costs.--
``(1) In general.--A grant received for a project under the
Program may be used for--
``(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to
the project and improvements to the land),
environmental mitigation, construction contingencies,
acquisition of equipment, and operational improvements
directly related to improving system performance.
``(2) Limitation.--The Secretary shall not limit eligible
projects from consideration for funding for planning,
engineering, environmental, construction, and design elements
of the same project in the same application.
``(i) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under the Program in an amount of not less than $100,000,000
may be carried out through a multiyear grant agreement in
accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a
large project described in paragraph (1) shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the maximum amount of Federal
financial assistance for the project in accordance with
paragraphs (1) and (2) of subsection (c);
``(C) establish a payout schedule for the project
that provides for disbursement of the full grant amount
by not later than 4 fiscal years after the fiscal year
in which the initial amount is provided;
``(D) determine the period of time for completing
the project, even if that period extends beyond the
period of an authorization; and
``(E) attempt to improve timely and efficient
management of the project, consistent with all
applicable Federal laws (including regulations).
``(3) Special financial rules.--
``(A) In general.--A multiyear grant agreement
under this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(B) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--Notwithstanding any other provision
of law, an entity carrying out a large project under a
multiyear grant agreement--
``(A) may use funds made available to the entity
under this title for eligible project costs of the
large project until the amount specified in the
multiyear grant agreement for the project for that
fiscal year becomes available for obligation; and
``(B) if the entity uses funds as described in
subparagraph (A), the funds used shall be reimbursed
from the amount made available under the multiyear
grant agreement for the project.
``(j) Undertaking Parts of Projects in Advance Under Letters of No
Prejudice.--
``(1) In general.--The Secretary may pay to an applicant
all eligible project costs under the Program, including costs
for an activity for an eligible project incurred prior to the
date on which the project receives funding under the Program
if--
``(A) before the applicant carries out the
activity, the Secretary approves through a letter to
the applicant the activity in the same manner as the
Secretary approves other activities as eligible under
the Program;
``(B) a record of decision, a finding of no
significant impact, or a categorical exclusion under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been issued for the eligible
project; and
``(C) the activity is carried out without Federal
assistance and in accordance with all applicable
procedures and requirements.
``(2) Interest and other financing costs.--
``(A) In general.--For purposes of paragraph (1),
the cost of carrying out an activity for an eligible
project includes the amount of interest and other
financing costs, including any interest earned and
payable on bonds, to the extent interest and other
financing costs are expended in carrying out the
activity for the eligible project, except that interest
and other financing costs may not be more than the cost
of the most favorable financing terms reasonably
available for the eligible project at the time of
borrowing.
``(B) Certification.--The applicant shall certify
to the Secretary that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms under subparagraph (A).
``(3) No obligation or influence on recommendations.--An
approval by the Secretary under paragraph (1)(A) shall not--
``(A) constitute an obligation of the Federal
Government; or
``(B) alter or influence any evaluation under
subsections (f)(3)(A)(i) or (g)(4) or any
recommendation by the Secretary for funding under the
Program.
``(k) Congressional Notification.--Not later than 30 days before
making a grant under the Program, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a written notification of the proposed grant that includes--
``(1) an evaluation and justification for the eligible
project; and
``(2) the amount of the proposed grant.
``(l) Reports.--
``(1) Annual report.--Not later than August 1 of each
fiscal year, the Secretary shall make available on the website
of the Department of Transportation an annual report that lists
each eligible project for which a grant has been provided under
the Program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years
after the date of enactment of this section, the Comptroller
General of the United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and
justification process with respect to the funding of
grants under the Program; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes--
``(i) the adequacy and fairness of the
process under which each eligible project that
received a grant under the Program was
selected; and
``(ii) the justification and criteria used
for the selection of each eligible project.''.
(b) Clerical Amendment.--The table of contents for chapter 1 of
title 23, United States Code, is amended by inserting after the item
relating to section 130 the following:
``131. Railway-highway crossing separation program.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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