Sec. 2203. Mobility innovation
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Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following new section: Amounts made available to a covered recipient to carry out sections 5307, 5310, and 5311 may be used by such covered recipient under this section to assist in the financing of— mobility as a service; and mobility on demand services. Except as provided in paragraphs
(2)and (3), the Federal share of the net cost of a project carried out under this section shall not exceed 70 percent. Notwithstanding paragraph (1), the Federal share of the net cost of a project described in paragraph
(1)shall not exceed 90 percent for mobility on demand service operated exclusively by personnel employed by the recipient. Notwithstanding paragraph (1), the Federal share of the net cost of a project described in paragraph
(1)shall not exceed 90 percent if such project involves an eligible use that uses a vehicle that produces zero carbon dioxide or particulate matter. The Secretary shall publish guidance describing eligible activities that are demonstrated to— increase transit ridership; be complementary to fixed route transit service; demonstrate meaningful improvements in— environmental metrics, including standards established pursuant to the Clean Air Act ( 42 U.S.C. 7401 et seq.) and greenhouse gas performance targets established pursuant to section 150(d) of title 23; traffic congestion; compliance with the requirements under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); low-income service to increase access to employment, healthcare, and other essential services; service outside of transit agency operating hours, provided that the transit agency operating hours are not reduced; new low density service relative to the higher density urban areas of the agency’s service area; or rural service. In developing guidance referred to in this section, the Secretary shall ensure that— all costs associated with installing, modernizing, and managing fare collection, including touchless payment systems, shall be considered eligible expenses under this title and subject to the applicable Federal share; and such guidance includes guidance on how agencies shall provide unbanked and underbanked users with an opportunity to benefit from mobility as a service platforms. Amounts used by a covered recipient for projects eligible under this section may not be used for— single passenger vehicle miles (in a passenger motor vehicle, as such term is defined in section 32101, that carries less than 9 passengers), unless the trip— meets the definition of public transportation; and begins or completes a fixed route public transportation trip; deadhead vehicle miles; or any service considered a taxi service that operates under an exemption from testing requirements under section 5331. A project carried out under this section shall be treated as if such project were carried out under the section from which the funds were provided to carry out such project, including the application of any additional requirements provided for by law that apply to section 5307, 5310, or 5311, as applicable. Except as provided in paragraphs
(2)and (3), the Secretary may waive any requirement applied to a project carried out under this section pursuant to subsection
(d)if the Secretary determines that the project would— not undermine labor standards; increase employment opportunities of the recipient unless the Secretary determines that such a waiver does not affect employment opportunities; and be consistent with the public interest. The Secretary may not waive any requirement under paragraph
(1)for which a waiver is otherwise available. Notwithstanding paragraph (1), the Secretary may not waive any requirement of— section 5333; section 5331; section 5302(14); and chapter 53 that establishes a maximum Federal share for operating costs. Notwithstanding paragraphs
(1)and (2), the Secretary may only waive the requirements of section 5320 with respect to— a passenger vehicle owned by an individual; and subsection
(q)of such section for any passenger vehicle not owned by an individual for the period beginning on the date of enactment of this section and ending 3 years after such date. Not later than 90 days after the date of enactment of this section, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to develop an open data standard and an application programming interface necessary to carry out this section. The regulations required under paragraph
(1)shall require public transportation agencies, mobility on demand providers, mobility as a service technology providers, other non-government actors, and local governments the efficient means to transfer data to— foster the efficient use of transportation capacity; enhance the management of new modes of mobility; enable the use of innovative planning tools; enable single payment systems for all mobility on demand services; establish metropolitan planning organization, State, and local government access to anonymized data for transportation planning, real time operations data, and rules; safeguard personally identifiable information; protect confidential business information; and enhance cybersecurity protections. Any data received by an entity under this subsection may not be sold, leased, or otherwise used to generate profit, except for the direct provision of the related mobility on demand services and mobility as a service. A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have a maximum of 17 members limited to representatives of the Department of Transportation, State and local governments, metropolitan planning organizations, urban and rural covered recipients, associations that represent public transit agencies, representatives from at least 3 different organizations engaged in collective bargaining on behalf of transit workers in not fewer than 3 States, mobility on demand providers, and mobility as a service technology providers. Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment. A deadline set forth in paragraph
(4)may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph
(5)concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. With respect to revenue vehicle miles with one passenger of a covered recipient using amounts under this section, such miles— shall be included in the National Transit Database under section 5335; and shall be excluded from vehicle revenue miles data used in the calculation described in section 5336. Subsection (c)(2) and subsection
(g)shall not apply to any eligible activities under this section if such activities are— being carried out in compliance with the Americans with Disabilities Act of 1990 22( 42 U.S.C. 12101 et seq.); or projects eligible under section 5310 that exceed the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). In this section: The term deadhead vehicle miles means the miles that a vehicle travels when out of revenue service, including leaving or returning to the garage or yard facility, changing routes, when there is no expectation of carrying revenue passengers, and any miles traveled by a private operator without a passenger. The term mobility as a service means services that constitute the integration of mobility on demand services and public transportation that are available and accessible to all travelers, provide multimodal trip planning, and a unified payment system. The term mobility on demand means an on-demand transportation service shared among individuals, either concurrently or one after another. The term covered recipient means a State or local government entity, private nonprofit organization, or Tribe that— operates a public transportation service; and is a recipient or subrecipient of funds under section 5307, 5310, or 5311. . The analysis for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following new item: 5316. Mobility innovation. . This section and the amendments made by this section shall take effect on the date on which the Secretary has finalized both— the guidance required under section 5316(c) of title 49, United States Code; and the regulations required under section 5316(f) of title 49, United States Code.
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