Sec. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM
2,268 words·~10 min read·
/statute-compilations/comps-10008/sec-1113A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1113 CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM ###
(a)Eligible Projects Section 149(b) of title 23, United States Code, is amended— ####
(1)in the matter preceding paragraph (1)— #####
(A)by striking “in subsection (c)” and inserting “in subsection (d)”; and #####
(B)by striking “section 104(b)(2)” and inserting “section 104(b)(4)”; ####
(2)in paragraph (5)— #####
(A)by inserting “add turning lanes,” after “improve intersections,”; and #####
(B)by striking “paragraph;” and inserting “paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;”; ####
(3)in paragraph
(6)by striking “or” at the end; ####
(4)in paragraph (7)(A)(ii) by striking “published in the list under subsection (f)(2)” and inserting “verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131))”; ####
(5)by striking the matter following paragraph (7); ####
(6)by redesignating paragraph
(7)as paragraph (8); and ####
(7)by inserting after paragraph
(6)the following: > > #### “(7) > > if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or” > . ###
(b)Special Rules Section 149 of title 23, United States Code, is amended— ####
(1)by redesignating subsections
(c)through
(h)as subsections
(d)through
(i)respectively; ####
(2)by inserting after subsection
(b)the following: > > ### “(c) Special Rules > > > #### “(1) Projects for pm-10 nonattainment areas > > A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM- 10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses. > > > #### “(2) Electric vehicle and natural gas vehicle infrastructure > > A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. > > > #### “(3) HOV facilities > > No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.” > ; ####
(3)by striking subsection
(d)(as redesignated by paragraph (1)) and inserting the following: > > ### “(d) States Flexibility > > > #### “(1) States without a nonattainment area > > If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that— > > > ##### “(A) > > would otherwise be eligible under subsection
(b)as if the project were carried out in a nonattainment or maintenance area; or > > > ##### “(B) > > is eligible under the surface transportation program under section 133. > > > #### “(2) States with a nonattainment area > > > ##### “(A) In general > > If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP-21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs
(B)and
(C)of section 104(b)(2), as in effect on the day before the date of enactment of the MAP-21, the State may use for any project that is eligible under the surface transportation program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying— > > > ###### “(i) > > the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under paragraph (l)); by > > > ###### “(ii) > > the ratio calculated under subparagraph (B). > > > ##### “(B) Ratio > > For purposes of this paragraph, the ratio shall be calculated as the proportion that— > > > ###### “(i) > > the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP-21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP-21t; bears to > > > ###### “(ii) > > the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP-21. > > > #### “(3) Changes in designation > > If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.” > ; ####
(4)in subsection (f)(3) (as redesignated by paragraph (1)) by striking “104(b)(2)” and inserting “104(b)(4)”; ####
(5)in subsection
(g)(as redesignated by paragraph (1)) by striking paragraph
(3)and inserting the following: > > #### “(3) Priority consideration > > States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel retrofits.” > ; ####
(6)by striking subsection
(i)(as redesignated by paragraph (1)) and inserting the following: > > ### “(i) Evaluation and Assessment of Projects > > > #### “(1) Database > > > ##### “(A) In general > > Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions. > > > ##### “(B) Availability > > The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review. > > > #### “(2) Cost effectiveness > > > ##### “(A) In general > > The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality. > > > ##### “(B) Contents > > The table described in subparagraph
(A)shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134. > > > ##### “(C) Use of table > > States and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection (l). > > > ### “(j) Optional Programmatic Eligibility > > > #### “(1) In general > > At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section. > > > #### “(2) Applicability > > If an assessment described in paragraph
(1)successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment. > > > ### “(k) Priority for Use of Funds in PM2.5 Areas > > > #### “(1) In general > > For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that reduce such fine particulate matter emissions in such area, including diesel retrofits. > > > #### “(2) Construction equipment and vehicles > > In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area. > > > ### “(l) Performance Plan > > > #### “(1) In general > > Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that— > > > ##### “(A) > > includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance; > > > ##### “(B) > > describes progress made in achieving the performance targets described in section 150(d); and > > > ##### “(C) > > includes a description of projects identified for funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets. > > > #### “(2) Updated plans > > Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan. > > > ### “(m) Operating Assistance > > A State may obligate funds apportioned under section 104(b)(2) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system that was previously eligible under this section.” > . ###
(c)Air Quality and Congestion Mitigation Measure Outcomes Assessment Study ####
(1)In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall examine the outcomes of actions funded under the congestion mitigation and air quality improvement program since the date of enactment of the SAFETEA-LU (Public Law 109-59). ####
(2)Goals The goals of the program shall include— #####
(A)the assessment and documentation, through outcomes research conducted on a representative sample of cases, of— ######
(i)the emission reductions achieved by federally supported surface transportation actions intended to reduce emissions or lessen traffic congestion; and ######
(ii)the air quality and human health impacts of those actions, including potential unrecognized or indirect consequences, attributable to those actions; #####
(B)an expanded base of empirical evidence on the air quality and human health impacts of actions described in paragraph (1); and #####
(C)an increase in knowledge of— ######
(i)the factors determining the air quality and human health changes associated with transportation emission reduction actions; and ######
(ii)other information to more accurately understand the validity of current estimation and modeling routines and ways to improve those routines. ####
(3)Administrative elements To carry out this subsection, the Secretary shall— #####
(A)make a grant for the coordination, selection, management, and reporting of component studies to an independent scientific research organization with the necessary experience in successfully conducting accountability and other studies on mobile source air pollutants and associated health effects; #####
(B)ensure that case studies are identified and conducted by teams selected through a competitive solicitation overseen by an independent committee of unbiased experts; and #####
(C)ensure that all findings and reports are peer-reviewed and published in a form that presents the findings together with reviewer comments. ####
(4)Report 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)not later than 1 year after the date of enactment of the MAP-21, and for the following year, a report providing an initial scoping and plan, and status updates, respectively, for the program under this subsection; and #####
(B)not later than 2 years after the date of enactment of the MAP-21, a final report that describes the findings of, and recommendations resulting from, the program under this subsection. ####
(5)Funding Of the amounts made available to carry out section 104(a) for fiscal year 2013, the Secretary shall make available to carry out this subsection not more than $1,000,000.
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- Pub. L. 109-59
Citation graph
cites case law
Sec. 1113
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM
Pub. L.Pub. L. 109-59
Cites 3Cited by 0 across 0 sources