Sec. 1403. National goals and performance management measures
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Section 150 of title 23, United States Code, is amended— in subsection (b)— by redesignating paragraph
(7)as paragraph (8); and by inserting after paragraph
(6)the following: To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system. ; in subsection (c)— in paragraph
(1)by striking Not later than 18 months after the date of enactment of the MAP–21, the Secretary and inserting The Secretary ; and by adding at the end the following: The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess— carbon dioxide emissions per capita on public roads; and any other greenhouse gas emissions per capita on public roads that the Secretary determines to be appropriate. ; in subsection (d)— in paragraph (1)— by striking Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each and inserting Each ; and by striking and
(6)and inserting (6), and
(7); and by adding at the end the following: A State may not establish a regressive target for the measures described under paragraph
(4)or paragraph
(7)of subsection (c). In this paragraph, the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure. ; in subsection (e)— by striking Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a and inserting A ; and by inserting biennial after the Secretary a ; and by adding at the end the following: The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to— employment; and services. The measures established pursuant to paragraph
(1)shall include the ability for States and metropolitan planning organizations to assess— the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments; the level of transportation system access for economically disadvantaged communities, including to affordable housing; and the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply. In this subsection, the term services includes healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments. . Section 134 of title 23, United States Code, is further amended— in subsection (j)(2)(D)— by striking and inserting Performance target achievement ; Performance management by striking The TIP and inserting the following: The TIP ; and by adding at the end the following: For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include— a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and a description of how the TIP would improve the overall level of transportation system access, consistent with section 150(f). ; in subsection (k)— in paragraph (3)(A)— by striking shall address congestion management and inserting the following: shall address— congestion management ; by striking the period at the end and inserting ; and ; and by adding at the end the following: the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. ; and in paragraph (5)(B)— in clause
(i)by striking ; and and inserting a semicolon; in clause
(ii)by striking the period and inserting ; and ; and by adding at the end the following: the TIP approved under clause
(ii)improves the level of transportation system access, consistent with section 150(f). ; and in subsection (l)(2)— by striking 5 years after the date of enactment of the MAP–21 and inserting 2 years after the date of enactment of the ; INVEST in America Act , and every 2 years thereafter in subparagraph
(C)by striking and whether metropolitan planning organizations are developing meaningful performance targets; and and inserting a semicolon; and by striking subparagraph
(D)and inserting the following: a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and the progress of implementing the measure established under section 150(f). . Section 135(g)(4) of title 23, United States Code, is further amended— by striking and inserting Performance target achievement ; Performance management by striking shall include, to the maximum extent practicable, a discussion and inserting the following: shall include— a discussion ; by striking the period at the end and inserting ; and ; and by adding at the end the following: a consideration of how the STIP impacts the overall level of transportation system access, consistent with section 150(f). . The amendment made by subsection (a)(3)(B) shall take effect 1 year before the subsequent State target and reporting deadlines established pursuant to section 150 of title 23, United States Code. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to carry out paragraph
(7)of section 150(c) of title 23, United States Code, as added by this Act. Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group to assess the provisions of paragraphs
(1)and
(2)of section 150(f) and make recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access for various modes of travel, consistent with section 150(f) of title 23, United States Code. The working group established pursuant to paragraph
(1)shall include representatives from— the Department of Transportation; State departments of transportation, including representatives that specialize in pedestrian and bicycle safety; metropolitan planning organizations representing transportation management areas (as those terms are defined in section 134 of title 23, United States Code); other metropolitan planning organizations or local governments; providers of public transportation; nonprofit entities related to transportation, including relevant safety groups; experts in the field of transportation access data; and any other stakeholders, as determined by the Secretary. Not later than 1 year after the establishment of the working group pursuant to paragraph (1), the working group shall submit to the Secretary a report of recommendations regarding the establishment of measures for States and metropolitan planning organizations to use to assess the level of transportation system access, consistent with section 150(f) of title 23, United States Code. Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall publish the report on a publicly accessible website of the Department of Transportation. Not later than 2 years after the date on which the Secretary receives the report under paragraph (3), the Secretary shall issue such regulations as are necessary to implement the requirements of section 150(f) of title 23, United States Code. The Secretary shall terminate the working group established pursuant to paragraph
(1)on the date on which the regulation issued pursuant to paragraph
(4)takes effect. Not later than 90 days after the date on which the Secretary of Transportation establishes the measure required under section 150(f) of title 23, United States Code, the Secretary shall develop or procure eligible transportation system access data sets and analytical tools and make such data sets and analytical tools available to State departments of transportation and metropolitan planning areas that represent transportation management areas. An eligible transportation system access data set and analytical tool shall have the following characteristics: The ability to quantify the level of safe, reliable, and convenient transportation system access to— employment; services; and connections to other modes of transportation. The ability to quantify transportation system access for various modes of travel, including— driving; public transportation; walking (including conveyance for persons with disabilities); and cycling (including micromobility). The ability to disaggregate the level of transportation system access by various transportation modes by a variety of population categories, including— low-income populations; minority populations; age; disability; and geographical location. The ability to assess the change in the level of transportation system access that would result from new transportation investments. An eligible transportation system access data set and analytical tool shall take into consideration safe and connected networks for walking, cycling, and persons with disabilities. In this section: The term transportation system access has the meaning given such term in section 101 of title 23, United States Code. The term services has the meaning given such term in section 150(f) of title 23, United States Code.