Sec. 2911. Fixed guideway capital investment grants
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Section 5309 of title 49, United States Code, as amended by section 2703 of this Act, is further amended— in subsection (a)— by striking paragraph (6); by redesignating paragraph
(7)as paragraph (6); and in paragraph (6), as so redesignated; in subparagraph
(A)by striking $100,000,000 and inserting $320,000,000 ; and in subparagraph
(B)by striking $300,000,000 and inserting $400,000,000 ; in subsection (b)(2) by inserting expanding station capacity, after construction of infill stations, ; in subsection (d)(1)— in subparagraph (C)(i) by striking 2 years and inserting 3 years ; and by adding at the end the following: An applicant may perform cost and schedule risk assessments with technical assistance provided by the Secretary. Nothing in this section shall be construed as authorizing the Secretary to require cost and schedule risk assessments in the project development phase. ; in subsection (e)(1)— in subparagraph (C)(i) by striking 2 years and inserting 3 years ; and by adding at the end the following: An applicant may perform cost and schedule risk assessments with technical assistance provided by the Secretary. Nothing in this section shall be construed as authorizing the Secretary to require cost and schedule risk assessments in the project development phase. ; in subsection (e)(2)(A)(iii)(II) by striking 5 years and inserting 10 years ; in subsection (f)— in paragraph
(1)by striking subsection (d)(2)(A)(v) and inserting subsection (d)(2)(A)(iv) ; in paragraph (2)— by striking subsection (d)(2)(A)(v) and inserting subsection (d)(2)(A)(iv) ; in subparagraph
(D)by adding and at the end; by striking subparagraph (E); and by redesignating subparagraph
(F)as subparagraph (E); and by adding at the end the following: For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall apply the following requirements and considerations in lieu of paragraphs
(1)and (2): In determining whether a project is supported by local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall require that— the proposed project plan provides for the availability of contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls; each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and an applicant certifies that local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project. In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall consider— the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient; existing grant commitments; any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies. . in subsection (g)— in paragraph (2)(A) by striking degree of local financial commitment and inserting criteria in subsection
(f)each place it appears; in paragraph
(3)by striking The Secretary shall and all that follows through the end and inserting the following: The Secretary shall— to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section if— the share of the cost of the project to be provided under this section— does not exceed $500,000,000 and the total project cost does not exceed $1,000,000,000; or complies with subsection (l)(1)(C); the applicant requests the use of the warrants; the applicant certifies that its existing public transportation system is in a state of good repair; and the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection; and ; by striking paragraph
(5)and inserting the following: The Secretary shall issue policy guidance on the review and evaluation process and criteria not later than 180 days after the date of enactment of the INVEST in America Act . ; by striking paragraph
(6)and inserting the following: Not later than 30 days after the Secretary receives a written request from an applicant for all remaining information necessary to obtain 1 or more of the following, the Secretary shall provide such information to the applicant: Project advancement. Medium or higher rating. Warrant. Letter of intent. Early systems work agreement. ; and in paragraph
(7)by striking the Federal Public Transportation Act of 2012 and inserting the ; INVEST in America Act in subsection (h)— in paragraph
(5)by inserting , except that for a project for which a lower local cost share is elected under subsection (l)(1)(C), the Secretary shall enter into a grant agreement under this subsection for any such project that establishes contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls before the period at the end; and in paragraph (7)(C) by striking 10 days and inserting 3 days ; by striking subsection
(i)and inserting the following: The Secretary shall grant a rating increase of 1 level in mobility improvements to any project being rated under subsection (d), (e), or (h), if the Secretary certifies that the project has a qualifying interrelated project that meets the requirements of paragraph (2). A qualifying interrelated project is a transit project that— is adopted into the metropolitan transportation plan required under section 5303; has received a class of action designation under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); will likely increase ridership on the project being rated in subsection (d), (e), or (h), respectively, as determined by the Secretary; and meets one of the following criteria: Extends the corridor of the project being rated in subsection (d), (e), or (h), respectively. Provides a direct passenger transfer to the project being rated in subsection (d), (e), or (h), respectively. ; in subsection (k)— in paragraph (2)(D) by adding at the end the following: For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall enter into a full funding grant agreement that has at least 75 percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes. ; and in paragraph
(5)by striking 30 days and inserting 3 days ; in subsection (l)— in paragraph
(1)by striking subparagraph
(B)and inserting the following: Except as provided in subparagraph (C), a grant for a project under this section shall not exceed 80 percent of the net capital project cost, except that a grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. An applicant may elect a lower local CIG cost share for a project under this section for purposes of application of the cost-share incentives under subsection (f)(3). Such cost share shall not exceed 60 percent of the net capital project cost, except that for a grant for a core capacity improvement project such cost share shall not exceed 60 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. ; by striking paragraph
(5)and inserting the following: Nothing in this section shall be construed as authorizing the Secretary to require, incentivize (in any manner not specified in this section), or place additional conditions upon a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost or, for a core capacity improvement project, 20 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. ; and by striking paragraph
(8)and inserting the following: The Secretary shall provide funding for the contingency amount equal to the proportion of the CIG cost share. If the Secretary increases the contingency amount after a project has received a letter of no prejudice or been allocated appropriated funds, the federal share of the additional contingency amount shall be 25 percent higher than the original proportion the CIG cost share and in addition to the grant amount set in subsection (k)(2)(C)(ii). ; in subsection
(o)by adding at the end the following: Not later than the fifth day of each month, the Secretary shall make publicly available on a website data on, including the status of, each project under this section that is in the project development phase, in the engineering phase, or has received a grant agreement and remains under construction. Such data shall include, for each project— the amount and fiscal year of any funding appropriated, allocated, or obligated for the project; the date on which the project— entered the project development phase; entered the engineering phase, if applicable; and received a grant agreement, if applicable; and the status of review by the Federal Transit Administration and the Secretary, including dates of request, dates of acceptance of request, and dates of a decision for each of the following, if applicable: A letter of no prejudice. An environmental impact statement notice of intent. A finding of no significant environmental impact. A draft environmental impact statement. A final environmental impact statement. A record of decision on the final environmental impact statement. The status of the applicant in securing the non-Federal match, based on information provided by the applicant, including the amount committed, budgeted, planned, and undetermined. ; by striking an acceptable degree of and inserting a each place it appears; and by adding at the end the following: The Secretary shall publish a record of decision on all projects in the New Starts tranche of the program within 2 years of receiving a project's draft environmental impact statement or update or change to such statement. For each calendar month beginning on or after the date that is 12 months after the date of enactment of the INVEST in America Act in which the Secretary has not published a record of decision for the final environmental impact statement on projects in the New Starts tranche for at least 1 year, the Secretary shall reduce the full-time equivalent employees within the immediate office of the Secretary by 1. .
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Sec. 2911
Fixed guideway capital investment grants
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