Sec. 1508. Community connectivity pilot program
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/bill/116/s/2302/is/section-1508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. In this section, the term eligible facility may include— a limited access highway; a viaduct; and any other principal arterial facility. The Secretary shall establish a pilot program through which an eligible entity may apply for funding— to study the feasibility and impacts of removing an existing eligible facility; to conduct planning activities necessary to design a project to remove an existing eligible facility; and to conduct construction activities necessary to carry out a project to remove an existing eligible facility.
The Secretary may award a grant (referred to in this section as a planning grant ) to carry out planning activities described in paragraph
(2)to— a State; a unit of local government; a Tribal government; a metropolitan planning organization; and a nonprofit organization. The planning activities referred to in paragraph
(1)are— planning studies to evaluate the feasibility of removing an eligible facility, including evaluations of— current traffic patterns on the eligible facility proposed for removal and the surrounding street network; the capacity of existing transportation networks to maintain mobility needs; an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; the effect of the removal of the eligible facility on the mobility of freight and people; the effect of the removal of the eligible facility on the safety of the traveling public; the cost to remove the eligible facility and to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; the anticipated economic impact of removing and converting the eligible facility and any economic development opportunities that would be created by removing and converting the eligible facility; and the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and other transportation planning activities required in advance of a project to remove an existing eligible facility, as determined by the Secretary. The Secretary may provide technical assistance described in subparagraph
(B)to an eligible entity. The technical assistance referred to in subparagraph
(A)is technical assistance in building organizational or community capacity— to engage in transportation planning; and to identify innovative solutions to infrastructure challenges, including reconnecting communities that— are bifurcated by eligible facilities; or lack safe, reliable, and affordable transportation choices. In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. The Secretary shall— solicit applications for— planning grants; and technical assistance under paragraph (3); and evaluate applications for a planning grant on the basis of the demonstration by the applicant that— the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; the eligible facility— creates barriers to mobility, access, or economic development; or is not justified by current and forecast future travel demand; and on the basis of preliminary investigations into the feasibility of removing the eligible facility, further investigation is necessary and likely to be productive. A planning grant may not exceed $2,000,000 per recipient. The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. The Secretary may award a grant (referred to in this section as a capital construction grant ) to the owner of an eligible facility to carry out an eligible project described in paragraph
(3)for which all necessary feasibility studies and other planning activities have been completed. An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with— a State; a unit of local government; a Tribal government; a metropolitan planning organization; or a nonprofit organization. A project eligible to be carried out with a capital construction grant includes— the removal of an eligible facility; and the replacement of an eligible facility with a new facility that is— sensitive to the context of the surrounding community; and otherwise eligible for funding under title 23, United States Code. The Secretary shall— solicit applications for capital construction grants; and evaluate applications on the basis of— the degree to which the project will improve mobility and access through the removal of barriers; the appropriateness of removing the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; the impact of the project on freight movement; the results of a cost-benefit analysis of the project; the opportunities for inclusive economic development; the degree to which the eligible facility is out of context with the current or planned land use; the results of any feasibility study completed for the project; and the plan of the applicant for— employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and contracting and subcontracting with disadvantaged business enterprises. A capital construction grant shall be in an amount not less than $5,000,000 per recipient. Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall— facilitate community engagement with respect to the project; and track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— the community; owners of businesses that serve the community; labor organizations that represent workers that serve the community; and State and local government. Not later than January 1, 2025, 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 that evaluates the pilot program under this section, including— information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— any changes in the overall level of mobility, congestion, access, and safety in the project area; and environmental impacts and economic development opportunities in the project area. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that— identifies examples of projects to remove highways using Federal highway funds; evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and provides recommendations for integrating those assessments into transportation planning and decision-making processes. Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2021 through 2025 to provide technical assistance under subsection (c)(3).