Sec. 1206. Exemptions for low population density States
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Section 150 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall grant, on the election of and in consultation with a State, an exemption from 1 or more of the requirements described in paragraph (2)(A) if the State— is on the list of eligible States under paragraph
(5)for the applicable performance period; and provides a written notice of the election that includes an explanation under paragraph (4)(A). The requirements from which a State described in paragraph
(1)may elect an exemption are— requirements established under subclauses
(IV)and
(V)of subsection (c)(3)(A)(ii); requirements established under subsection (c)(5)(A); requirements established under subsection (c)(6); and targeting, data, reporting, or administrative requirements established under subsections
(d)and
(e)that are related to a requirement described in clause (i), (ii), or
(iii)from which the State elects to receive an exemption. A metropolitan planning organization with a metropolitan planning area that is located entirely within a State that is exempt shall be exempt from the requirements under section 134(h)(2)(B) that relate to each measure described in subparagraph
(A)from which the State of the metropolitan planning organization is exempt. An exemption applied under paragraph (1)— shall be in effect until the date that is 4 years after the date on which the performance period promulgated by the Secretary under subsection
(d)in effect at the time the exemption is applied ends; and may be renewed by the State for an additional 4-year term at the end of each performance period if, in accordance with paragraph (4)— the State submits another written explanation; and the State continues to be included on the list of eligible States under paragraph (5). To be eligible to make an election under paragraph (1), not later than September 1 of the calendar year preceding the calendar year in which the next performance period promulgated by the Secretary under subsection
(d)begins, a State described in that paragraph— shall submit to the Secretary— identification of the 1 or more requirements described in paragraph (2)(A) for which an exemption is elected; and a written notice that includes an explanation advising the Secretary that the State is not experiencing significant performance issues on the surface transportation system of the State with respect to each requirement referred to in subclause (I); and may submit to the Secretary any other information or material that the State chooses to include in the notice. Notwithstanding the deadline described in subparagraph (A), a State described in paragraph
(1)may submit a notice under subparagraph
(A)at any time before September 1, 2021. Not later than 60 days after the date of enactment of this subsection and thereafter, on each September 1 of the calendar year 2 years prior to the calendar year in which the next performance period promulgated by the Secretary under subsection
(d)begins, the Secretary shall publish a list of States that may elect to receive an exemption from a requirement described in paragraph (2)(A). The Secretary shall include on the list under subparagraph (A)— any State that— has a population per square mile of area that is less than the population per square mile of area of the United States, based on the latest available Bureau of the Census data at the time the Secretary publishes the list; does not include an urbanized area with a population of over 200,000 within the State; and has no repeated delays or other persistent impediments to travel reliability on the portions of the National Highway System in the State that the Secretary determines to be excessive; and based on the latest available Bureau of the Census data at the time the Secretary publishes the list, any State that— has a population density of less than 15 persons per square mile of area; and does not include an urbanized area with a population of over 200,000. For each State included on the list of eligible States under paragraph (5), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of traffic congestion, travel reliability, truck travel reliability, and any other relevant performance metrics on the portions of the National Highway System in the State, including any delays or impediments that the Secretary determines to be excessive. For each eligible State under paragraph
(5)that elects to receive an exemption under paragraph (1), the Secretary shall— submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of performance measures for all exemptions applied to that State under this subsection; and make publicly available as part of the State performance dashboard on the Department of Transportation website information on the performance of the State with respect to any requirements from which the State is exempt. .