Sec. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM
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## SEC. 5117 TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM ###
(a)In General The Secretary shall carry out a transportation technology innovation and demonstration program in accordance with the requirements of this section. ###
(b)Contents of Program ####
(1)Motor vehicle safety warning system #####
(A)In general The Secretary shall expand and continue the study authorized by section 358(c) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625) relating to the development of a motor vehicle safety warning system and shall conduct tests of such system. #####
(B)Grants In carrying out this paragraph, the Secretary may make grants to State and local governments. #####
(C)Funding Of the amounts made available for each of fiscal years 1998 through 2000 by section 5001(a)(2) of this Act, $700,000 per fiscal year shall be available to carry out this paragraph. ####
(2)Motor carrier advanced sensor control system #####
(A)In general The Secretary shall conduct research on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers to determine axle and wheel alignment, monitor collision alarm, check tire pressure and tire balance conditions, measure and detect load distribution in the vehicle, and monitor and adjust automatic braking systems. #####
(B)Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $700,000 per fiscal year shall be available to carry out this paragraph. ####
(3)Intelligent transportation infrastructure #####
(A)Definitions In this paragraph: ######
(i)Congested area The term “**congested area**” means a metropolitan area that experiences significant traffic congestion, as determined by the Secretary on an annual basis, including the metropolitan areas of Albany, Atlanta, Austin, Burlington, Charlotte, Columbus, Greensboro, Hartford, Jacksonville, Kansas City, Louisville, Milwaukee, Minneapolis-St. Paul, Nashville, New Orleans, Norfolk, Raleigh, Richmond, Sacramento, San Jose, Tuscson, and Tulsa. ######
(ii)Deployment area The term “**deployment area**” means any of the metropolitan areas of Baltimore, Birmingham, Boston, Chicago, Cleveland, Dallas/Fort Worth, Denver, Detroit, Houston, Indianapolis, Las Vegas, Los Angeles, Miami, New York/Northern New Jersey, Northern Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia. ######
(iii)Metropolitan area The term “**metropolitan area**”, including a major transportation corridor serving a metropolitan area, means any area that— ######
(I)has a population exceeding 300,000; and ######
(II)meets criteria established by the Secretary in conjunction with the intelligent vehicle highway systems corridors program. ######
(iv)Original contract The term “**original contract**” means the Department of Transportation contract numbered DTTS 59–99–D–00445 T020013. ######
(v)Program The term “**program**” means the 2-part intelligent transportation infrastructure program carried out under this paragraph. ######
(vi)State transportation department The term “**State transportation department**” means— ######
(I)a State transportation department (as defined in section 101 of title 23, United States Code); and ######
(II)a designee of a State transportation department (as so defined) for the purpose of entering into contracts. ######
(vii)Uncommitted funds The term “**uncommitted funds**” means the total amount of funds that, as of the date that is 180 days after the date of enactment of the SAFETEA–LU, remain uncommitted under the original contract. #####
(B)Intelligent transportation infrastructure program ######
(i)In general The Secretary shall carry out a 2-part intelligent transportation infrastructure program in accordance with this paragraph to advance the deployment of an operational intelligent transportation infrastructure system, through measurement of various transportation system activities, to simultaneously— ######
(I)aid in transportation planning and analysis; and ######
(II)make a significant contribution to the ITS program under this title. ######
(ii)Objectives The objectives of the program are— ######
(I)to build or integrate an infrastructure of the measurement of various transportation system metrics to aid in planning, analysis, and maintenance of the Department of Transportation, including the buildout, maintenance, and operation of greater than 40 metropolitan area systems with a total cost not to exceed $2,000,000 for each metropolitan area; ######
(II)to provide private technology commercialization initiatives to generate revenues that will be reinvested in the intelligent transportation infrastructure system; ######
(III)to aggregate data into reports for multipoint data distribution techniques; and ######
(IV)with respect to part I of the program under subparagraph (C), to use an advanced information system designed and monitored by an entity with experience with the Department of Transportation in the design and monitoring of high-reliability, mission-critical voice and data systems. #####
(C)Part I ######
(i)In general In carrying out part I of the program, the Secretary shall permit the entity to which the original contract was awarded to use uncommitted funds to deploy intelligent transportation infrastructure systems that have been accepted by the Secretary— ######
(I)in accordance with the terms of the original contract; and ######
(II)in any deployment area, with the consent of the State transportation department for the deployment area. ######
(ii)Applicable conditions The same asset ownership, maintenance, fixed price contract, and revenue sharing model, and the same competitively selected consortium leader, as were used for the deployment of intelligent transportation infrastructure systems under the original contract before the date of enactment of the SAFETEA–LU shall apply to each deployment carried out under clause (i). ######
(iii)Deployment in congested areas If the entity referred to in clause
(i)is unable to use the uncommitted funds by deploying intelligent transportation infrastructure systems in deployment areas, as determined by the Secretary, the entity may deploy the systems in accordance with this paragraph in one or more congested areas, with the consent of the State transportation departments for the congested areas. #####
(D)Part II ######
(i)In general In carrying out part II of the program, the Secretary shall award, on a competitive basis, contracts for the deployment of intelligent transportation infrastructure systems that have been accepted by the Secretary in congested areas, with the consent of the State transportation departments for the congested areas. ######
(ii)Requirements The Secretary shall award contracts under clause (i)— ######
(I)for individual congested areas among entities that seek to deploy intelligent transportation infrastructure systems in the congested areas; and ######
(II)on the condition that the terms of each contract awarded requires the entity deploying such system to ensure that the deployed system is compatible (as determined by the Secretary) with systems deployed in other congested areas under this paragraph. ######
(iii)Provisions in contracts The Secretary shall require that each contract for the deployment of an intelligent transportation infrastructure system under this subparagraph contain such provisions relating to asset ownership, maintenance, fixed price, and revenue sharing as the Secretary considers to be appropriate. #####
(E)Use of funds for undeployed systems ######
(i)In general If, under part I or part II of the program, a State transportation department for a deployment area or congested area does not consent by the later of the date that is 180 days after the date of enactment of the SAFETEA–LU, or another date determined jointly by the State transportation department and the deployment area or congested area, to participate in the deployment of an intelligent transportation infrastructure system in the deployment area or congested area, upon application by any other deployment area or congested area that has consented by that date to participate in the deployment of such a system, the Secretary shall distribute any such unused funds to any other deployment or congested area that has consented by that date to participate in the deployment of such a system. ######
(ii)No inclusion in cost limitation Costs paid using funds provided through a distribution under clause
(i)shall not be considered in determining the limitation on maximum cost described in subparagraph (F)(ii). #####
(F)Federal share; limits on costs of systems for metropolitan areas ######
(i)Federal share Subject to clause (ii), the Federal share of the cost of any project or activity carried out under the program shall be 80 percent. ######
(ii)Limit on costs of system for each metropolitan area ######
(I)In general Not more than $2,000,000 may be provided under this paragraph for deployment of an intelligent transportation infrastructure system for a metropolitan area. ######
(II)Funding under each part A metropolitan area in which an intelligent transportation infrastructure system is deployed under part I or part II under subparagraphs
(C)and (D), respectively, including through a distribution of funds under subparagraph (E), may not receive any additional deployment under the other part of the program. #####
(G)Use of rights-of-way ######
(i)In general An intelligent transportation system project described in this paragraph or paragraph
(6)that involves privately owned intelligent transportation system components and is carried out using funds made available from the Highway Trust Fund shall not be subject to any law (including a regulation) of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been used for planning, design, construction, or maintenance for the project, if the Secretary determines that such use is in the public interest. ######
(ii)Effect of subparagraph Nothing in this subparagraph affects the authority of a State or political subdivision of a State— ######
(I)to regulate highway safety; or ######
(II)under sections 253 and 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 253, 332(c)(7)). #####
(H)Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this paragraph. ####
(4)Corrosion control and prevention #####
(A)In general The Secretary shall make a grant to conduct a study on the costs and benefits of corrosion control and prevention. The study shall be conducted in conjunction with an interdisciplinary team of experts from the fields of metallurgy, chemistry, economics, and others, as appropriate. Not later than September 30, 2001, the Secretary shall submit to Congress a report on the study results, together with any recommendations. #####
(B)Funding Of the amounts made available for each of fiscal years 1999 and 2000 by section 5001(a)(1) of this Act, $500,000 per fiscal year shall be available to carry out this paragraph. ####
(5)Fundamental properties of asphalts and modified asphalts #####
(A)In general The Secretary shall continue to carry out section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991. Additional areas of the program under such section shall be asphalt-water interaction studies and asphalt-aggregate thin film behavior studies. #####
(B)Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(1) of this Act, $1,000,000 for fiscal year 1998 and $3,000,000 for each of fiscal years 1999 through 2003 shall be available to carry out this paragraph. ####
(6)Advanced Traffic Monitoring and Response Center #####
(A)In general The Secretary shall make grants to the Commonwealth of Pennsylvania, in conjunction with the Pennsylvania Turnpike Commission, to establish an advanced traffic monitoring and emergency response center at Letterkenny Army Depot in Chambersburg, Pennsylvania. The center shall help develop and coordinate traffic monitoring and ITS systems on portions of the Pennsylvania Turnpike system and I–81, coordinate emergency response with State and local governments in the Central Pennsylvania Region and conduct research on emergency response and prototype trauma response. #####
(B)Funding ######
(i)Eligibility under section 5208 The center established under this paragraph shall be eligible for funding under section 5208 of this Act. ######
(ii)Allocation Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,667,000 per fiscal year shall be available to carry out this paragraph. ####
(7)Transportation economic and land use system #####
(A)In general The Secretary shall continue development and deployment through the New Jersey Institute of Technology to metropolitan planning organizations of the Transportation Economic and Land Use System. #####
(B)Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,000,000 per fiscal year shall be available to carry out this paragraph. ####
(8)Recycled materials resource center #####
(A)Establishment The Secretary shall establish at the University of New Hampshire a research program to be known as the “Recycled Materials Resource Center” (referred to in this paragraph as the “Center”). #####
(B)Activities ######
(i)In general The Center shall— ######
(I)systematically test, evaluate, develop appropriate guidelines for, and demonstrate environmentally acceptable and occupationally safe technologies and techniques for the increased use of traditional and nontraditional recycled and secondary materials in transportation infrastructure construction and maintenance; ######
(II)make information available to State transportation departments, the Federal Highway Administration, the construction industry, and other interested parties to assist in evaluating proposals to use traditional and nontraditional recycled and secondary materials in transportation infrastructure construction; ######
(III)encourage the increased use of traditional and nontraditional recycled and secondary materials by using sound science to analyze thoroughly all potential long-term considerations that affect the physical and environmental performance of the materials; and ######
(IV)work cooperatively with Federal and State officials to reduce the institutional barriers that limit widespread use of traditional and nontraditional recycled and secondary materials and to ensure that such increased use is consistent with the sustained environmental and physical integrity of the infrastructure in which the materials are used. ######
(ii)Sites and projects under actual field conditions In carrying out clause (i)(III), the Secretary may authorize the Center to— ######
(I)use test sites and demonstration projects under actual field conditions to develop appropriate performance data; and ######
(II)develop appropriate tests and guidelines to ensure correct use of recycled and secondary materials in transportation infrastructure construction. #####
(C)Review and Evaluation ######
(i)In general Not less often than every 2 years, the Secretary shall review and evaluate the program carried out by the Center. ######
(ii)Notification of deficiencies In carrying out clause (i), if the Secretary determines that the Center is deficient in carrying out subparagraph (B), the Secretary shall notify the Center of each deficiency and recommend specific measures to address the deficiency. ######
(iii)Disqualification If, after the end of the 180-day period that begins on the date of notification to the Center under clause (ii), the Secretary determines that the Center has not corrected each deficiency identified under clause (ii), the Secretary may, after notifying the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination, disqualify the Center from further participation under this section. #####
(D)Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(1) of this Act, $1,500,000 per fiscal year shall be available to carry out this paragraph.
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- 109 Stat. 625
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Sec. 5117
TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM
Stat.109 Stat. 625
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