Bridge Investment Act of 2021
This bill requires states to use at least 20% of certain FY2022-FY2025 federal highway funds to improve bridges, particularly those classified as being in poor condition.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3718 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3718
To amend title 23, United States Code, to direct States to obligate
certain funding to repair, improve, rehabilitate, or replace bridges to
improve the safety, efficiency, and reliability of the movement of
people and freight over bridge crossings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mr. Sean Patrick Maloney of New York (for himself, Mr. Graves of
Louisiana, Mr. Blumenauer, and Mr. LaHood) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to direct States to obligate
certain funding to repair, improve, rehabilitate, or replace bridges to
improve the safety, efficiency, and reliability of the movement of
people and freight over bridge crossings, 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 ``Bridge Investment Act of 2021''.
SEC. 2. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the MAP-21, each''
and inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j) in paragraph (5) by striking
``financial characteristics'' and all that follows through the
end and inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good
repair for the Nation's bridges;
``(B) improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges; and
``(C) improve the condition of bridges in the
United States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the
amounts described in subparagraph (C), of the total
funds apportioned to a State under paragraphs (1) and
(2) of section 104(b) for fiscal years 2022 to 2025, a
State shall obligate not less than 20 percent for
projects described in subparagraph (E).
``(B) Program flexibility.--A State required to
obligate funds under subparagraph (A) may use any
combination of funds apportioned to a State under
paragraphs (1) and (2) of section 104(b).
``(C) Limitation.--Amounts described below may not
be used for the purposes of calculating or meeting the
minimum bridge investment requirement under
subparagraph (A)--
``(i) amounts described in section
133(d)(1)(A);
``(ii) amounts set aside under section
133(h); and
``(iii) amounts described in section
505(a).
``(D) Rule of construction.--Nothing in this
section shall be construed to prohibit the expenditure
of funds described in subparagraph (C) for bridge
projects eligible under such section.
``(E) Eligible projects.--Funds required to be
obligated in accordance with paragraph (2)(A) may be
obligated for projects or activities that--
``(i) are otherwise eligible under either
section 119 or section 133, as applicable;
``(ii) provide support for the condition
and performance of bridges on public roads
within the State; and
``(iii) remove a bridge classified as in
poor condition in order to improve community
connectivity, or replace, reconstruct,
rehabilitate, preserve, or protect a bridge
included on the national bridge inventory
authorized by subsection (b), including
through--
``(I) seismic retrofits;
``(II) systematic preventive
maintenance;
``(III) installation of scour
countermeasures;
``(IV) the use of innovative
materials that extend the service life
of the bridge and reduce preservation
costs, as compared to conventionally
designed and constructed bridges;
``(V) the use of nontraditional
production techniques, including
factory prefabrication;
``(VI) painting for purposes of
bridge protection;
``(VII) application of calcium
magnesium acetate, sodium acetate/
formate, or other environmentally
acceptable, minimally corrosive anti-
icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective
features (including natural
infrastructure) alone or in combination
with other activities eligible under
this paragraph to enhance resilience of
a bridge;
``(X) bridge security
countermeasures;
``(XI) impact protection measures
for bridges;
``(XII) inspection and evaluation
of bridges; and
``(XIII) training for bridge
inspectors consistent with subsection
(i).
``(F) Bundles of projects.--A State may use a
bundle of projects as described in subsection (j) to
satisfy the requirements of subparagraph (A), if each
project in the bundle is otherwise eligible under
subparagraph (E).
``(G) Flexibility.--The Secretary may, at the
request of a State, reduce the required obligation
under subparagraph (A) if--
``(i) the reduction is consistent with a
State's asset management plan for the National
Highway System;
``(ii) the reduction will not limit a
State's ability to improve the condition and
performance of bridges on public roads within
the State; and
``(iii) the State demonstrates that it has
inadequate needs to justify the expenditure.
``(H) Considerations.--In selecting bridge
projects, States shall consider--
``(i) the average amount of people and
freight supported by the eligible project;
``(ii) the extent to which the eligible
project demonstrates cost savings by bundling
multiple bridge projects;
``(iii) geographic diversity among
projects, including the need for a balance
between the needs of rural and urban
communities;
``(iv) the extent to which an eligible
project improves intermodal freight
transportation; and
``(v) whether the project serves as part of
a State or Federal evacuation route.
``(I) Bridge investment report.--The Secretary
shall annually publish on the website of the Department
of Transportation a bridge investment report that
includes--
``(i) the total Federal funding obligated
for bridge projects in the most recent fiscal
year, on a State-by-State basis and broken out
by Federal program;
``(ii) the total Federal funding obligated,
on a State-by-State basis and broken out by
Federal program, for bridge projects carried
out pursuant to the minimum bridge investment
requirements under subparagraph (A);
``(iii) the progress made by each State
toward meeting the minimum bridge investment
requirement under subparagraph (A) for such
State, both cumulatively and for the most
recent fiscal year;
``(iv) the total Federal funding obligated
for bridge projects, broken out by rural and
urban area;
``(v) the total Federal funding obligated
for bridge projects on off-system bridges;
``(vi) a summary of--
``(I) each request made under
subparagraph (G) by a State for a
reduction in the minimum bridge
investment requirement under
subparagraph (A); and
``(II) for each request described
in subclause (I) that is granted by the
Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the State met each of the
criteria described in
subparagraph (G); and
``(vii) a summary of--
``(I) each request made by a State
for a reduction in the obligation
requirements under section 133(f); and
``(II) for each request that is
granted by the Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the Secretary made the
determination under section
133(f)(2)(B).
``(J) Off-system bridges.--A State may apply
amounts obligated under this subsection or section
133(f)(2)(A) to the obligation requirements of both
this subsection and section 133(f).
``(K) NHS penalty.--A State may apply amounts
obligated under this subsection or section 119(f)(2) to
the obligation requirements of both this subsection and
section 119(f)(2).
``(L) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal
year 2025, the Secretary may subject the State to
appropriate program sanctions under section 1.36 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Bridges and tunnels.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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