Sec. 1202. Increasing the resilience of transportation assets
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Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: The Secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the United States, mitigate the impacts of covered events, and ensure the efficient use of Federal resources. Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for— construction activities, including construction of natural infrastructure or protective features— to increase the resilience of a surface transportation infrastructure asset to withstand a covered event; to relocate or provide a reasonable alternative to a repeatedly damaged facility; and for an evacuation route identified in the vulnerability assessment required under section 134(i)(2)(I)(iii) or section 135(f)(10)(C) to— improve the capacity or operation of such evacuation route through communications and intelligent transportation system equipment and infrastructure, counterflow measures, and shoulders; and relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event; resilience planning activities, including activities described in sections 134(i)(2)(I) and 135(f)(10) of this title and sections 5303(i)(2)(I) and 5304(f)(10) of title 49; and the development of projects and programs that help States, territories, and regions recover from covered events that significantly disrupt the transportation system, including— predisaster training programs that help agencies and regional stakeholders plan for and prepare multimodal recovery efforts; and the establishment of region-wide telework training and programs.
No funds shall be obligated to a project under this section unless the project meets each of the following criteria: The project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset. The project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii). A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would— be cost effective in the long-term; reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, national security functions, or critical infrastructure; and ease disruptions to vulnerable, at-risk, or transit-dependant populations.
The Secretary shall provide guidance to States to assist with the implementation of paragraphs
(2)and
(3)of subsection (b). In this section: The term covered event means a climate change effect (including sea level rise), flooding, and an extreme event or other natural disaster (including wildfires, seismic activity, and landslides). The term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter 53 of title 49. . The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following: 124. Predisaster mitigation program. . Section 109 of title 23, United States Code, is further amended by adding at the end the following: For projects and actions that, in whole or in part, encroach within the limits of a flood-prone area, the Secretary shall ensure that such projects and actions are— designed and constructed in a way that takes into account, and mitigates where appropriate, flood risk by using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the asset and future forecasted land use changes; and designed using analysis that considers the capital costs, risks, and other economic, engineering, social and environmental concerns of constructing a project in a flood-prone area. . Section 134(i)(2) of title 23, United States Code, is amended by adding at the end the following: The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources. A long-range transportation plan shall— identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita; identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development. A long-range transportation plan shall incorporate a vulnerability assessment that— includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124); considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations; at the discretion of the metropolitan planning organization, identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage; describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management. . Section 134(j)(3) of title 23, United States Code, is amended by adding at the end the following: The TIP shall— identify any projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and describe how each project identified under clause
(i)would improve the resilience of the transportation system. . Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following: The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources. A long-range transportation plan shall— identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita; identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development. A long-range transportation plan shall incorporate a vulnerability assessment that— includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23); considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations; at the discretion of the metropolitan planning organization, identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage; describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). The assessment described in this subparagraph shall be developed in consultation, as appropriate, with State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management. . Section 5303(j)(3) of title 49, United States Code, is amended by adding at the end the following: The TIP shall— identify any projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and describe how each project identified under clause
(i)would improve the resilience of the transportation system. . Section 135(f) of title 23, United States Code, is amended by adding at the end the following: The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources. A long-range transportation plan shall— identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita; identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development. A long-range transportation plan shall incorporate a vulnerability assessment that— includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124); considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations; identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage; describes the States’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). The assessment described in this paragraph shall be developed in consultation with, as appropriate, metropolitan planning organizations and State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management. . Section 135(g)(5)(B) of title 23, United States Code, is amended by adding at the end the following: The STIP shall— identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and describe how each project identified under subclause
(I)would improve the resilience of the transportation system. . Section 5304(f) of title 49, United States Code, is amended by adding at the end the following: The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources. A long-range transportation plan shall— identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita; identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development. A long-range transportation plan shall incorporate a vulnerability assessment that— includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23); considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part 667 of title 23, Code of Federal Regulations; identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation, access to health care and public health facilities, and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage; describes the State’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the State; and is consistent with and complementary of the State, Tribal, and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). The assessment described in this paragraph shall be developed in consultation with, as appropriate, metropolitan planning organizations and State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management. . Section 5304(g)(5)(B) of title 49, United States Code, is amended by adding at the end the following: The STIP shall— identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and describe how each project identified under subclause
(I)would improve the resilience of the transportation system. .
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Sec. 1202
Increasing the resilience of transportation assets
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