Sec. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS

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## SEC. 30005 FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS ###

(a)In General Section 5309 of title 49, United States Code, is amended— ####

(1)in subsection (a)— #####

(A)by striking paragraph (6); #####

(B)by redesignating paragraph

(7)as paragraph (6); and #####

(C)in paragraph

(6)(as so redesignated)— ######

(i)in subparagraph (A), by striking “$100,000,000” and inserting “$150,000,000”; and ######

(ii)in subparagraph (B), by striking “$300,000,000” and inserting “$400,000,000”; ####

(2)in subsection (c)(1)— #####

(A)in subparagraph (A), by striking “and” at the end; #####

(B)in subparagraph (B)(iii), by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following: > > ##### “(C) > > the applicant has made progress toward meeting the performance targets in section 5326(c)(2).” > ; ####

(3)in subsection (e)(2)(A)(iii)(II), by striking “the next 5 years” and inserting “the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years”; ####

(4)in subsection (g)— #####

(A)in paragraph (3)(A), by striking “exceed” and all that follows through “50 percent” and inserting “exceed 50 percent”; #####

(B)by redesignating paragraph

(7)as paragraph (8); and #####

(C)by inserting after paragraph

(6)the following: > > #### “(7) Project re-entry > > In carrying out ratings and evaluations under this subsection, the Secretary shall provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation.” > ; ####

(5)in subsection (i), by striking paragraphs

(1)through

(8)and inserting the following: > > #### “(1) Future bundling > > > ##### “(A) Definition > > In this paragraph, the term ‘future bundling request’ means a letter described in subparagraph

(B)that requests future funding for additional projects. > > > ##### “(B) Request > > When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. > > > ##### “(C) Readiness > > Other projects included in the request shall be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years of the initial project submitted as part of the request. > > > ##### “(D) Planning > > Projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section 5303(i). > > > ##### “(E) Project sponsor > > The applicant that submits a future bundling request shall be the project sponsor for each project included in the request. > > > ##### “(F) Program and project share > > A future bundling request submitted under this paragraph shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. > > > ##### “(G) Benefits > > The bundling of projects under this subsection— > > > ###### “(i) > > shall enhance, or increase the capacity of— > > > ###### “(I) > > the total transportation system of the applicant; or > > > ###### “(II) > > the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and > > > ###### “(ii) > > shall— > > > ###### “(I) > > streamline procurements for the applicant; or > > > ###### “(II) > > enable time or cost savings for the projects. > > > ##### “(H) Evaluation > > Each project submitted for consideration for funding in a future bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). > > > ##### “(I) Letter of intent > > > ###### “(i) In general > > Upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request, the Secretary may issue a letter of intent to the applicant that announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects in the future bundling. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. > > > ###### “(ii) Amount > > The amount that the Secretary announces an intention to obligate for an additional project in the future bundling request through a letter of intent issued under clause

(i)shall be sufficient to complete at least an operable segment of the project. > > > ###### “(iii) Treatment > > The issuance of a letter of intent under clause

(i)shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. > > > #### “(2) Immediate bundling > > > ##### “(A) Definition > > In this paragraph, the term ‘immediate bundling request’ means a letter described in subparagraph

(B)that requests immediate funding for multiple projects. > > > ##### “(B) Request > > An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. > > > ##### “(C) Readiness > > Projects included in the request must be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time. > > > ##### “(D) Planning > > Projects in the bundle shall be included in the metropolitan transportation plan in accordance with section 5303(i). > > > ##### “(E) Project sponsor > > The applicant that submits an immediate bundling request shall be the project sponsor for each project included in the request. > > > ##### “(F) Program and project share > > An immediate bundling request submitted under this subsection shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. > > > ##### “(G) Benefits > > The bundling of projects under this subsection— > > > ###### “(i) > > shall enhance, or increase the capacity of— > > > ###### “(I) > > the total transportation system of the applicant; or > > > ###### “(II) > > the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and > > > ###### “(ii) > > shall— > > > ###### “(I) > > streamline procurements for the applicant; or > > > ###### “(II) > > enable time or cost savings for the projects. > > > ##### “(H) Evaluation > > A project submitted for consideration for immediate funding in an immediate bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). > > > ##### “(I) Letter of intent or single grant agreement > > > ###### “(i) In general > > Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant. > > > ###### “(ii) Letter of intent > > > ###### “(I) In general > > A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. > > > ###### “(II) Amount > > The amount that the Secretary announces an intention to obligate for an additional project in a letter of intent issued under clause

(i)shall be sufficient to complete at least an operable segment of the project. > > > ###### “(III) Treatment > > The issuance of a letter of intent under clause

(i)shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. > > > #### “(3) Evaluation criteria > > When the Secretary issues rules or policy guidance under this section, the Secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and

(h)for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request, including changes to enable simultaneous evaluation of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be utilized for projects included in a future bundling request or an immediate bundling request under this subsection upon promulgation of the applicable rule or policy guidance. > > > #### “(4) Grant agreements > > > ##### “(A) New start and core capacity improvement projects > > A new start project or core capacity improvement project in an immediate bundling request or future bundling request shall be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2). > > > ##### “(B) Small start > > A small start project shall be carried out through a grant agreement pursuant to subsection (h)(7). > > > ##### “(C) Requirement > > A combined grant agreement described in paragraph (2)(I)(i) shall— > > > ###### “(i) > > include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section, > > > ###### “(ii) > > be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2) for the included projects, if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and > > > ###### “(iii) > > be carried out through a grant agreement pursuant to subsection (h)(7) for the included projects, if the projects seeking assistance under the combined grant agreement consist entirely of small start projects. > > > ##### “(D) Savings provision > > The use of a combined grant agreement shall not waive or amend applicable evaluation criteria under this section for projects included in the combined grant agreement.” > ; ####

(6)in subsection (k)— #####

(A)in paragraph (2)(E)— ######

(i)by striking “

(E)Before and after study.— ” and all that follows through “

(I)Submission of plan.— ” and inserting the following: > “(E) Information collection and analysis plan.— > > > ###### “(i) Submission of plan.—” > ; ######

(ii)by redesignating subclause

(II)of clause

(i)(as so designated) as clause (ii), and adjusting the margin accordingly; and ######

(iii)in clause

(ii)(as so redesignated)— ######

(I)by redesignating items

(aa)through

(dd)as subclauses

(I)through (IV), respectively, and adjusting the margins accordingly; and ######

(II)in the matter preceding subclause

(I)(as so redesignated), by striking “subclause (I)” and inserting “clause (i)”; and #####

(B)in paragraph (5), by striking “At least 30” and inserting “Not later than 15”; ####

(7)in subsection (o)— #####

(A)by striking paragraph (2); #####

(B)by redesignating paragraph

(3)as paragraph (2); and #####

(C)in paragraph

(2)(as so redesignated)— ######

(i)in subparagraph (A)— ######

(I)in the matter preceding clause (i), by striking “of” and inserting “that”; ######

(II)by redesignating clauses

(i)and

(ii)as subclauses

(I)and (II), respectively, and adjusting the margins accordingly; ######

(III)by inserting before subclause

(I)(as so redesignated), the following: > > ###### “(i) > > assesses—” > ; ######

(IV)in clause

(i)(as so designated)— ######

(aa)in subclause

(I)(as so redesignated), by striking “new fixed guideway capital projects and core capacity improvement projects” and inserting “all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94)”; and ######

(bb)in subclause

(II)(as so redesignated), by striking “and” at the end; and ######

(V)by adding at the end the following: > > ###### “(ii) > > includes, with respect to projects that entered into revenue service since the previous biennial review— > > > ###### “(I) > > a description and analysis of the impacts of the projects on public transportation services and public transportation ridership; > > > ###### “(II) > > a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of, or innovative financing for, the projects; and > > > ###### “(III) > > an identification of the reasons for any differences between predicted and actual outcomes for the projects; and > > > ###### “(iii) > > in conducting the review under clause (ii), incorporates information from the plans submitted by applicants under subsection (k)(2)(E)(i); and” > ; and ######

(ii)in subparagraph (B), by striking “each year” and inserting “the applicable year”; and ####

(8)by adding at the end the following: > > ### “(r) Capital Investment Grant Dashboard > > > #### “(1) In general > > The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section: > > > ##### “(A) > > Project name. > > > ##### “(B) > > Project sponsor. > > > ##### “(C) > > City or urbanized area and State in which the project will be located. > > > ##### “(D) > > Project type. > > > ##### “(E) > > Project mode. > > > ##### “(F) > > Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable. > > > ##### “(G) > > Anticipated total project cost. > > > ##### “(H) > > Anticipated share of project costs to be sought under this section. > > > ##### “(I) > > Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). > > > ##### “(J) > > Date on which the project entered the project development phase. > > > ##### “(K) > > Date on which the project entered the engineering phase, if applicable. > > > ##### “(L) > > Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable. > > > ##### “(M) > > Date of the applicant’s most recent project ratings, including date of request for updated ratings, if applicable. > > > ##### “(N) > > Status of the project sponsor in securing non-Federal matching funds. > > > ##### “(O) > > Date on which a project grant agreement is anticipated to be executed. > > > #### “(2) Updates > > The Secretary shall update the information provided under paragraph

(1)not less frequently than monthly. > > > #### “(3) Project profiles > > The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.” > . ###

(b)Expedited Project Delivery for Capital Investment Grants Pilot Program Section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended— ####

(1)in paragraph (1)(I)— #####

(A)in clause (i), by striking “$75,000,000” and inserting “$150,000,000”; and #####

(B)in clause (ii), by striking “$300,000,000” and inserting “$400,000,000”; ####

(2)in paragraph (8)(D)(i), by striking “30 days” and inserting “15 days”; ####

(3)by striking paragraph (12); and ####

(4)by redesignating paragraph

(13)as paragraph (12).

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