Sec. 144. Connect Communities Program
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The Secretary of Transportation (referred to in this section as the Secretary ), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture shall carry out a competitive grant program to be known as the Connect Communities Program (referred to in this section as the program ) to provide grants for projects to create connected, economically prosperous, and environmentally and physically healthy communities in— areas that are economically disadvantaged, including areas that have experienced levels of poverty of 20 percent or more, high levels of outmigration, and high levels of deindustrialization; areas that currently lack accessible and affordable transportation options in terms of— lack of access to jobs and services; and lack of physical accessibility; neighborhoods bifurcated by large-scale infrastructure projects; or areas that have been negatively impacted by climate change.
The goals of the program are— to reduce the cost of construction, operations, and maintenance of arterial highways; to demonstrate the social, economic, and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard; to improve neighborhood connectivity, including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility; to increase the total acreage of land within the project corridor returned to productive use, including commercial, residential, recreational, and habitat restoration uses; to improve the resiliency and reduce the environmental impact of existing infrastructure assets; and to increase the connectivity of disadvantaged communities to economic opportunity.
An entity eligible to receive a grant under the program is— a State (as defined in section 101(a) of title 23, United States Code) or any other territory or possession of the United States; an Indian Tribe; a unit of local government; a political subdivision of a State or local government; a transit agency; a metropolitan planning organization; a nonprofit organization, including a community mission-based organization; a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )); a special purpose district or public authority with a transportation function, including a port authority; a Federal land management agency that applies jointly with a State or group of States; or a multistate or multijurisdictional group of entities described in subparagraphs
(A)through (J). A project eligible to be carried out with funds from a grant provided under the program is— a project for community-based redevelopment, rehabilitation, or replacement of infrastructure, including— the removal of a limited access highway, a viaduct or overpass, an Interstate route, an interchange, a bridge, or any other principal arterial facility that has— historically had detrimental effects on minority and low-income communities; or created barriers to community connectivity due to high speeds, grade separations or other design factors; and if necessary to achieve the purposes of the program, road realignment or new construction; a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment, rehabilitation, or replacement of infrastructure; a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes 1 or more of— transit-supportive, accessible, mixed-use development (including commercial development, affordable and accessible housing, and market-rate housing) that is within 2 miles of and accessible to 1 or more public transportation facilities that— achieve compliance with— applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and the most recent public rights-of-way accessibility guidelines developed by the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ); and are connected with high frequency to job centers; the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and an increase in access to transit hubs for pedestrian and bicycle traffic; a public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that will achieve the purposes of the program, including— an investment in intermodal projects; and a new fixed guideway capital project or a small start project (as those terms are defined in section 5309(a) of title 49, United States Code), if a grant under the program will expedite the completion of the project and the entry into revenue service of the project; a passenger rail transportation project that achieves the purpose of the program; a project to improve the resiliency of infrastructure against natural disasters; a project to reduce the environmental impact of existing infrastructure assets; a project to bring a community into compliance with the performance measures established under section 150(c)(7) of title 23, United States Code; and any other project that the Secretary determines would achieve the purpose of the program. An eligible project under paragraph
(2)shall be carried out in an area or neighborhood described in subparagraphs
(A)through
(D)of subsection (a)(1). To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— a project plan developed with assistance under section 143 or independently, as applicable; a description of how the project meets the criteria described in subsection (d); a certification that the eligible entity has solicited public comments on the project plan that includes— a certification that the eligible entity has held 2 or more public hearings, at least 1 of which was held outside of standard business hours in a location that was open and accessible to the community in which the proposed project is located; a description of the process for receiving public comments, including involvement of residents and stakeholders in the community in which the project will occur; a summary of the comments received; and such other information as the Secretary may require; a description of how the grant would be used and the current status of project planning; a description of how the project will address the purposes of the program, including plans to avoid displacement of current residents in the project area; a description of how the eligible entity will prioritize the well-being and advancement of disadvantaged populations through the project and as an outcome of the project; an assessment of— the accessibility of employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers, within the area to public transportation facilities and nearby affordable housing; and how the proposed project will relate to identified needs in those areas; an assessment of transportation options in the area, including— public transportation options; options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and any obstacles to providing access to locations that offer employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; an assessment of methods for lowering the combined cost of housing and transportation for families in the region, particularly for families that utilize workforce housing and for low-, very low-, and extremely low-income families; an assessment of how the project will revitalize existing communities, including— the approximate number of jobs the project will create; the services the project will deliver to workers and the community; and any antidisplacement efforts that will be included in the project; a plan for evaluating progress in increasing opportunities for and improvements to the quality of life for disadvantaged populations and the broader community in which the project is completed; and information about the status of applicable Federal environmental reviews and approvals for the project, including reviews and approvals under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). An eligible entity may submit an application for multiple projects in 1 application. For the purpose of paragraph (1)(I), the term workforce housing means housing, the cost of which does not exceed 30 percent of— the amount equal to 120 percent of the median income in the area, as determined by the Secretary, with appropriate adjustments for the size of the family; or if the Secretary determines that there are unusually high or low incomes in the area, another amount, as determined by the Secretary. The Secretary shall select projects to receive grants under the program based on— how the project will contribute to a state of good repair for infrastructure assets; how the project would increase economic competitiveness, including the effects of revitalizing communities, neighborhoods, and commercial centers supported by existing infrastructure; how the project will support environmental protection, including resiliency, by increasing demand for nonmotorized transportation and public transportation; how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced; the anticipated effects on quality of life for all residents in the project area; whether the project uses innovative strategies, including innovative technologies, innovative project delivery, or innovative financing; the extent to which the project— is supported by a broad range of stakeholders; demonstrates collaboration among neighboring and regional jurisdictions; and is coordinated with projects with similar objectives, such as projects for economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband, and land use plans and policies; how the project will increase non-Federal revenue for transportation infrastructure investment; demonstrated project readiness, including use of technical assistance under section 143; and the costs and benefits of the project. The Secretary shall give priority to projects that have been developed under the technical assistance program under section 143. In providing grants under the program, the Secretary shall ensure— an equitable geographic distribution of funds; and an appropriate balance in addressing the needs of urban, suburban, rural, and Tribal communities. For each fiscal year, the Secretary shall ensure that the total amount of funds provided through grants under the program for each State is not more than $150,000,000. Except as provided in paragraph
(2)and subject to subsection (e)(2), a grant provided under the program shall be in an amount that is not less than $5,000,000. In the case of a project in a rural area (as defined in section 101(a) of title 23, United States Code), or in a Tribal area, a grant provided under the program shall be in an amount that is not less than $1,000,000. Subject to paragraph (2), an eligible entity that receives a grant under the program may use the grant funds for— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; and construction, reconstruction, rehabilitation, replacement, acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. Not more than 20 percent of the amount of the grant may be used for the activities described in paragraph (1)(A). Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent. The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent if the Secretary identifies the area in which the project will be carried out as a hardship area, as determined by the Secretary. On the request of an eligible entity, the Secretary may use 5 percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide Federal credit assistance under chapter 6 of title 23, United States Code, for the project. Notwithstanding any other provision of law, a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section 109(b) of title 23, United States Code. For each year until the project is completed, each eligible entity that receives a grant under the program shall agree to establish, in coordination with the Secretary, performance measures and reporting requirements in addition to measures and requirements under this section that shall be met at the end of each year in which the eligible entity receives funds under the grant program. If the Secretary determines that an eligible entity has not met the performance measures established under paragraph (1), is not making reasonable progress toward meeting those measures, or is otherwise in violation of the grant agreement, the Secretary may— withhold additional financial assistance until the performance measures are met; or terminate the grant agreement. For each project carried out with a grant under the program, the eligible entity shall form a community advisory board. A community advisory board shall be composed of representatives of— the relevant State and units of local government; the relevant State workforce development board or local workforce development board; relevant metropolitan planning organizations; labor organizations; residents or organizational representation of the area in which the project is occurring; and any other relevant representatives important to the implementation of the project, such as a county board of developmental disabilities, as determined by the eligible entity, in coordination with the Secretary. A community advisory board shall, with respect to the applicable project— ensure community engagement, transparency, and accountability in carrying out each stage of the project; and track, evaluate, and report progress on clear and meaningful indicators related to— targeted hiring commitments; quality wage, benefits, and training commitments; goals for participation by small businesses and businesses in accordance with section 123(b) in the project; progress made on the objectives of the program as described in subsection (a); and any other relevant areas, as determined by the eligible entity, in coordination with the Secretary. The eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives, on approval by the Secretary. Not less frequently than once each year, each eligible entity that receives a grant under the program, in coordination with the applicable community advisory board under subsection (l), shall submit to the Secretary periodic reports on the use of the grant funds. A periodic report under paragraph
(1)shall include— the amount of Federal funds received, obligated, and expended by the eligible entity under the program; the number of projects that have been put out to bid using the grant funds and the amount of Federal funds associated with each project; the number of projects for which contracts have been awarded for the project carried out under the program and the amount of Federal funds associated with the contracts; the number of projects for which work has begun under the contracts referred to in subparagraph
(C)and the amount of Federal funds associated with the contracts; the number of projects for which work has been completed under the contracts referred to in subparagraph
(C)and the amount of Federal funds associated with the contracts; the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the program and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including— the number of job-years created and the total increase in employment in the project area since the date of enactment of this Act; and information on local hiring, hiring of economically disadvantaged individuals, and hiring of individuals with a barrier to employment (including ex-offenders) and disabled individuals, with respect to the project; an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses; suggestions for improvements in transportation accessibility for disadvantaged populations, based on criteria developed by the Secretary; and any other criteria the Secretary determines to be appropriate. Each fiscal year, the Secretary shall transmit to Congress the reports received by the Secretary under paragraph (1). Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on infrastructure removal, including— an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program; an evaluation of the effect of infrastructure 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; an analysis of the costs and benefits of removing underutilized infrastructure assets that are nearing the end of the useful life of the assets compared to replacing or reconstructing the assets; and recommendations for integrating the findings and results under subparagraphs
(A)through
(C)into infrastructure planning and decisionmaking processes. There is authorized to be appropriated to carry out the program $5,000,000,000 for each of fiscal years 2022 through 2026.
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