,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgbf ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjad ,mr4 ,rodney ,davis of ,illinois 7for himself and ,ms4 ,titus7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to direct the ,secretary of ,transportation to establish an innovation in surface transportation program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,innovation in ,surface ,transportation ,act of #bjad4 #b4 ,innovation in surface transportation program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #ajd the following3 #aje4 ,innovation in surface transportation program 7a7 ,in general ,the ,secretary1 in coordination with ,state transportation departments1 shall establish an innovation in surface transportation program in accordance with the requirements of this section4 7b7 ,purposes ,the purposes of the program shall be-- 7#a7 to increase the return on investment in the ,nation's surface transportation system2 7#b7 to make the ,nation's surface transportation system more reliable1 safe1 and efficient by advancing innovative projects selected through ,state competitions2 7#c7 to increase input from local government and stakeholders on projects receiving funding2 and 7#d7 to leverage ,federal highway dollars further through in-,state competitions4 7c7 ,grants 7#a7 ,in general ,a ,state shall make grants under this section to eligible entities for eligible projects to be carried out in the ,state using funds reserved by the ,state for a fiscal year under subsection 7e77#a74 7#b7 ,state competitions 7,a7 ,in general ,for the purposes of making grants under this section1 a ,state shall conduct a competition each fiscal year under which the ,state will accept grant applications submitted by eligible entities4 7,b7 ,competition dates ,a ,state shall conduct a competition under subparagraph 7,a7-- 7i7 not later than #ahj days after the date of enactment of this section2 and 7ii7 not later than #cj days after the first day of each fiscal year beginning after such date of enactment4 7#c7 ,selection criteria 7,a7 ,establishment of selection criteria ,the ,state selection panel of each ,state shall establish and make available to the public the project selection criteria that will be used by the ,state in conducting competitions under paragraph 7#b74 7,b7 ,factors ,the project selection criteria of a ,state may provide for the approval of project applications based on the extent to which the projects-- 7i7 improve safety for all users of the transportation network2 7ii7 strengthen the contribution of a national freight network to the ,nation's economic competitiveness2 7iii7 promote multimodal connectivity2 7iv7 strengthen return on investment1 particularly the impact on local economic development2 7v7 improve access to jobs1 sources of labor1 schools1 and opportunity2 7vi7 optimize1 through better design and operation1 the usage and efficiency of existing transportation facilities2 7vii7 improve the reliability of the transportation system of the ,united ,states2 7viii7 encourage innovation and the use of technology2 or 7ix7 further the purposes described in subsection 7b74 7,c7 ,special consideration of certain factors ,in addition to the factors specified in subparagraph 7,b71 the project selection criteria of a ,state may-- 7i7 provide that special consideration in the approval of project applications is given to eligible projects that-- 7,i7 maximize the amount of proposed project costs that can be borne by the applicant from non-,federal sources2 or 7,,ii7 have prior significant ,federal or non-,federal investment2 and 7ii7 give equal consideration to differences in the fiscal capacity of public eligible entities4 7,d7 ,funding distribution ,the project selection criteria of a ,state shall take into consideration the equitable distribution of funds by geography and population4 7#d7 ,special rule for private transportation providers ,an eligible entity that is a private transportation provider may submit a project application in a ,state competition conducted under paragraph 7#b7 only if the application is sponsored by a public entity4 7d7 ,innovation in surface transportation selection panel 7#a7 ,in general ,a ,state1 in coordination with local transportation stakeholders1 shall establish an innovation in surface transportation selection panel in accordance with this subsection4 7#b7 ,duties ,a ,state selection panel shall-- 7,a7 review project applications submitted to the ,state during a competition conducted under subsection 7c77#b72 and 7,b7 approve and disapprove the project applications based on the criteria set forth in subsection 7c77#c74 7#c7 ,membership ,a ,state selection panel shall be composed of the following members to be appointed by the ,state-- 7,a7 not fewer than #c individuals representing the ,state's transportation department2 7,b7 not fewer than #c individuals representing local governments in the ,state1 with at least #a representative from each of-- 7i7 a jurisdiction with a population of #ej1jjj individuals or fewer2 7ii7 a jurisdiction with a population of more than #ej1jjj individuals and not more than #a1jjj1jjj individuals2 and 7iii7 a jurisdiction with a population of more than #a1jjj1jjj individuals1 if applicable2 and 7,c7 not fewer than #c individuals representing metropolitan planning organizations1 councils of governments1 and rural planning organizations4 7#d7 ,additional members ,in addition to the members appointed under paragraph 7#c71 a ,state selection panel shall be composed of #i members to be appointed by the ,state1 in coordination with local transportation stakeholders1 from among individuals representing-- 7,a7 local chambers of commerce2 7,b7 transportation management organizations1 travel and tourism boards1 economic development organizations1 and other coalitions of employers and commerce2 7,c7 local air quality boards or local organizations supporting improved air quality2 7,d7 ,state safety boards or local organizations supporting safety2 7,e7 transit agencies2 7,f7 port authorities1 if applicable2 7,g7 active transportation organizations2 7,h7 public interest organizations2 and 7,i7 labor unions4 7#e7 ,distribution of representatives ,a ,state shall appoint members to the ,state's selection panel in a manner such that-- 7,a7 the number of members appointed under each of paragraphs 7#c77;,a71 7#c77;,b71 and 7#c77;,c7 is equal2 and 7,b7 at least #a member is appointed under paragraph 7#d7 from each of the entities described in subparagraphs 7,a7 through 7,h7 of paragraph 7#d71 if applicable4 7#f7 ,geographic diversity ,the members of a ,state selection panel shall be geographically diverse1 to the extent practicable4 7#g7 ,representation limitation ,except for the representatives described in paragraphs 7#c77;,a7 and 7#c77;,b77iii71 no entity may be represented on a ,state selection panel for more than #b consecutive years if a comparable entity can also be represented on the panel4 7#h7 ,continuity ,a ,state shall appoint members to the ,state's selection panel using a #b-tiered rotation process that ensures continuity of the panel by rotating the membership of the panel on a staggered basis4 7e7 ,funding 7#a7 ,reservation of funds ,on ,october #a of each fiscal year1 a ,state shall make the following reservations of funds3 7,a7 ,national highway performance program ,the ,state shall reserve #aj percent of the amount apportioned to the ,state for the fiscal year under section #ajd7;b77#a7-- 7i7 for carrying out ,state competitions under this section2 and 7ii7 for making grants under this section for eligible projects4 7,b7 ,highway safety improvement program ,the ,state shall reserve not less than #cc percent of the amount apportioned to the ,state for the fiscal year under section #ajd7;b77#c7 for making grants under this section for eligible projects that are projects described in section #adh4 7,c7 ,congestion mitigation and air quality improvement program 7i7 ,reservation of funds ,the ,state shall reserve not less than #cc percent of the amount apportioned to the ,state for the fiscal year under section #ajd7;b77#d7 and unobligated balances for section #ajd7;b77#d7 from the prior fiscal year for making grants under this section for eligible projects that are projects described in section #adi7;b74 7ii7 ,use of reserved funds ,if the ,state has one or more nonattainment areas 7as defined in section #aga7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b7771 the ,state shall use amounts reserved under this subparagraph for making grants under this section for eligible projects described in section #adi7;b7 in such areas4 7,d7 ,surface transportation program ,the ,state shall reserve not less than #cc percent of the amount allocated to the ,state for the fiscal year under section #acc7;d77#a77;,b7 for making grants under this section for eligible projects4 7,e7 ,transportation alternatives program ,the ,state shall reserve #cc percent of the amount reserved by the ,state for the fiscal year under section #bac7;c77#a77;,b7 for making grants under this section for eligible projects that are projects described in section #bac7;b74 7#b7 ,special rule ,any funds that a ,state directly suballocates to metropolitan areas or direct recipients of funds under section #ecjg of title #di or awards through an open statewide competition to eligible entities shall be excluded from the funds from which reservations are to be made under paragraph 7#a74 7#c7 ,non-awarded funds ,for each fiscal year1 a ,state shall-- 7,a7 determine-- 7i7 the total amount of funds1 if any1 that have been reserved by the ,state for the fiscal year under paragraph 7#a7 but have not been awarded by the ,state in grants under this section on or before the last day of the fiscal year2 and 7ii7 the total amount of funds1 if any1 that have been awarded in grants by the ,state under this section but remain unobligated by the grant recipient after the last day of the #e-year period beginning on the date on which the grant was awarded2 and 7,b7 distribute or redistribute such funds1 as appropriate1 using the process under subsection 7c77#b74 7f7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local government2 7,b7 a regional transportation authority2 7,c7 a transit agency2 7,d7 a tribal government2 7,e7 a private provider of public transportation2 7,f7 a nonprofit transportation organization2 7,g7 a port authority2 7,h7 a joint power authority2 or 7,i7 a local rail authority4 7#b7 ,eligible project ,the term eligible project means-- 7,a7 a project eligible under-- 7i7 section #acc7;b71 relating to the surface transportation program2 7ii7 section #adh1 relating to the highway safety improvement program2 7iii7 section #adi7;b71 relating to the congestion mitigation and air quality improvement program2 or 7iv7 section #bac7;b71 relating to the transportation alternatives program2 or 7,b7 a surface transportation project that will improve the movement of goods along a primary freight network1 including multimodal facilities near a primary freight route4 7#c7 ,program ,the term program1 except as otherwise specifically provided1 means the innovation in surface transportation program established under this section4 7#d7 ,state selection panel ,the term ,state selection panel means an innovation in surface transportation selection panel established by a ,state under subsection 7d74 7g7 ,transparency ,not later than #cj days after a ,state has selected projects for a fiscal year to receive funding under this section1 the ,state shall make available1 in a publically accessible medium that is easy to navigate-- 7#a7 the criteria and methodology used to select the projects2 7#b7 a list of all the projects for which funding was requested1 including1 for each such project-- 7,a7 the total estimated project cost2 and 7,b7 the amount of funding requested2 7#c7 a list of projects that were selected to receive funding under this section1 including1 for each such project-- 7,a7 the amount of funding requested2 7,b7 the amount of funding granted2 and 7,c7 the source of the non-,federal share of cost of the project2 and 7#d7 the ranking and scoring of all projects for which funding was requested4 7h7 ,reporting requirements 7#a7 ,state reports ,not later than #ahj days after the last day of each fiscal year1 a ,state shall submit to the ,secretary a report that describes-- 7,a7 the information required under subsection 7g72 7,b7 the organizations that were represented on the ,state's selection panel2 7,c7 the portion of the funds available to the ,state for the program that have been obligated2 and 7,d7 the percentage of the funds available to the ,state for the program that were used for administrative expenses4 7#b7 ,biennial report to ,congress ,not later than ,september #cj1 #bjaf1 and biennially thereafter1 the ,secretary shall submit a consolidated report on the program1 including a review of the ,state reports submitted pursuant to paragraph 7#a71 to-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,d7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,availability ,the ,secretary shall make the report submitted under paragraph 7#b7 available on the public ,internet ,web site of the ,department of ,transportation4 7i7 ,special rule for ,states with competitive and suballocated programs 7#a7 ,in general ,the ,secretary may permit a ,state to distribute funding described in subparagraphs 7,a71 7,b71 7,c71 7,d71 or 7,e7 of subsection 7e77#a7 through the mechanisms described in paragraph 7#b7 if the ,secretary certifies that the ,state is distributing such funding in a manner that fulfills the purposes of this section4 7#b7 ,distribution mechanisms ,distribution mechanisms that qualify under paragraph 7#a7 include-- 7,a7 an open and competitive ,state program that is substantially similar to the requirements of this section2 7,b7 direct suballocation to metropolitan areas of a majority of all funds-- 7i7 apportioned to the ,state under sections #ajd7;b77#a71 #ajd7;b77#b71 #ajd7;b77#c71 and #ajd7;b77#d72 and 7ii7 allocated to the ,state under section #bac7;a77#a72 and 7,c7 a competitive ,state program or direct suballocation to metropolitan areas or direct recipients of funds under section #ecjg of title #di of more than #ie percent of the funds-- 7i7 apportioned to the ,state under section #ajd7;b77#a71 #ajd7;b77#b71 #ajd7;b77#c71 or #ajd7;b77#d72 or 7ii7 allocated to the ,state under section #bac7;a77#a74 7#c7 ,publication in ,federal ,register ,before making a certification under paragraph 7#a77;,b71 the ,secretary shall-- 7,a7 publish in the ,federal ,register the ,secretary's intent to make the certification2 7,b7 provide the public not fewer than #ij days to comment on the proposed certification2 and 7,c7 take into consideration any comments received during the comment period4 7#d7 ,notice to ,congress ,at least #ae days before making a certification under paragraph 7#a77;,b71 the ,secretary shall submit a notice to the congressional committees referred to in subsection 7h77#b7 and the members of the ,state's congressional delegation that includes-- 7,a7 a notification of the ,secretary's intent to make the certification2 and 7,b7 a justification for the proposed certification4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajd the following3 #aje4 ,innovation in surface transportation program4 4