Sec. 1109. Congestion mitigation and air quality improvement program
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/bill/114/hr/22/eah/section-1109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 149(b) of title 23, United States Code, is amended— in paragraph
(7)by striking or at the end; in paragraph
(8)by striking the period at the end and inserting ; or ; and by adding at the end the following: if the project or program is for the installation of vehicle-to-infrastructure communication equipment. . Section 149(d) of title 23, United States Code, is amended to read as follows: If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that— would otherwise be eligible under subsection
(b)if the project were carried out in a nonattainment or maintenance area; or is eligible under the surface transportation block grant program under section 133. If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs
(B)and
(C)of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use, for any project that would otherwise be eligible under subsection
(b)if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133, an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying— the amount apportioned to such State under section 104(b)(4) (excluding the amounts reserved for obligation under subsection (k)(1)); by the ratio calculated under subparagraph (B). For purposes of this paragraph, the ratio shall be calculated as the proportion that— the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21; bears to the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21. If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Secretary shall modify, in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, the amount such State is permitted to obligate in any area of the State for projects eligible under section 133. . Section 149(g)(3) of title 23, United States Code, is amended to read as follows: In distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and where regional motor vehicle emissions are not an insignificant contributor to the air quality problem for PM2.5, States and metropolitan planning organizations shall give priority to projects, including diesel retrofits or alternative fuel vehicles, that are proven to reduce direct or indirect emissions of PM2.5. To the maximum extent practicable, funding used in an area described in subparagraph
(A)shall be used on the most cost-effective projects and programs that are proven to reduce directly or indirectly emitted fine particulate matter. . Section 149(k) of title 23, United States Code, is amended— in paragraph
(1)by striking such fine particulate and inserting directly emitted fine particulate ; and by adding at the end the following: For any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, subsection (g)(3) and paragraphs
(1)and
(2)of this subsection do not apply to a nonattainment or maintenance area in the State if— the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area. If subparagraph
(A)applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set aside under paragraph
(1)shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment. . Section 149(l)(1)(B) of title 23, United States Code, is amended by inserting emission and congestion reduction after achieving the .
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Sec. 1109
Congestion mitigation and air quality improvement program
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