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Code · BILL · 114th Congress · H.R. 2410 (Introduced in House) — To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation progra... · Sec. 2012

Sec. 2012. Critical Immediate Investments Program

970 words·~4 min read·/bill/114/hr/2410/ih/section-2012·

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The Secretary shall establish a program under this section to make critical and immediate improvements to infrastructure and highway safety. This program shall include— the interstate bridge revitalization initiative under subsection (b); the systemic safety initiative under subsection (c); and the state of good repair initiative under subsection (d). The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio that— the amount of funds that the Secretary apportions to the State for such fiscal year for the national highway performance program under section 104(b)(1) of title 23, United States Code; bears to the amount of funds that the Secretary apportions to all States for such fiscal year for such program under such section.
If the Secretary determines that more than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the Interstate System. If the Secretary determines that less than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the National Highway System.
A State may not use funds under this subsection to construct a new bridge except as a replacement for an eligible structurally deficient bridge. Subject to subparagraph (B), the Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1). Before apportioning funds under paragraph
(1)in a fiscal year, the Secretary shall reserve $150,000,000 under this subsection for use under paragraph (3). A State may use funds under this subsection on— systemic safety improvements that are— eligible uses of funding under section 148 of title 23, United States Code; consistent with the State’s strategic highway safety plan under such section; and located on a highway that is not owned by the State; and data improvement activities (or safety data systems) related to highways described in clause (i)(III). Notwithstanding subparagraph (A)(i)(III), if a State, in the judgment of the Secretary, meets its infrastructure safety needs relating to systemic safety improvements on highways that are not owned by the State, the State may use funds under this subsection on such an improvement— that is located on a highway owned by the State; and that meets the requirements of subparagraphs (A)(i)(I) and (A)(i)(II). The Secretary shall provide grants under this paragraph to— allow local agencies to implement systemic safety improvements; and enable the Secretary to evaluate the effectiveness and in-service performance of such improvements. A local agency seeking to receive a grant under this paragraph shall— submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish; and agree to provide the Secretary with data and access sufficient, in the judgment of the Secretary, to allow the Secretary to rigorously evaluate the effectiveness and in-service performance of the projects that the agency implements with such a grant. In this subsection, the terms data improvement activities, safety data system, systemic safety improvement and strategic highway safety plan have the same meaning as in section 148 of title 23, United States Code. The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1). Subject to subparagraph (B), a State may use funds under this subsection to— reconstruct, resurface, restore, rehabilitate, or preserve a highway on the National Highway System; or replace, rehabilitate, preserve, or protect a bridge or tunnel on the National Highway System. A State may use 50 percent of the funds that the Secretary apportions to the State under paragraph
(1)only for preservation or rehabilitation projects under subparagraph
(A)that would prevent or reduce the need for more costly future repair or replacement. In selecting projects to fund under this subsection, a State shall use information from its pavement and bridge management systems to identify potential projects that need immediate action to preserve the asset and avoid further deterioration. Notwithstanding subsection (d), a State may transfer up to 100 percent of its apportionment under such subsection— to its apportionment under subsection
(b)if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of title 23, United States Code, in relation to the national highway performance program; or to its apportionment under subsection
(c)if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of such title in relation to the highway safety improvement program. Of the funds authorized for each fiscal year for the Critical Immediate Safety Investments Program— 25 percent shall be available for the Interstate Bridge Revitalization Initiative under subsection (b); 25 percent shall be available for the Systemic Safety Initiative under subsection (c); and 50 percent shall be available for the State of Good Repair Initiative under subsection (d). Except as specified in paragraph (2), funds made available for the program under this section shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code. The Federal share of the cost of a project under this section may be up to 80 percent of the total project cost. A State may use to pay the non-Federal share of a project under this section Federal funds apportioned or allocated to the State under title 23, United States Code.
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