,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edfg ,,in ,,the ,,house ,,of ,,representatives ,september #ae1 #bjad ,ms4 ,frankel of ,florida 7for herself1 ,mr4 ,cleaver1 and ,mr4 ,cicilline7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to enhance the capabilities of metropolitan planning organizations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,metropolitan ,planning ,enhancement ,act4 #b4 ,consolidated and high performing metropolitan planning organizations 7a7 ,consolidation of metropolitan planning organizations 7#a7 ,section #acd amendment ,section #acd7;d77#f7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,consolidation of metropolitan planning organizations within urbanized areas 7,a7 ,limitation on new metropolitan planning organization designations ,a metropolitan planning organization shall not be newly designated-- 7i7 within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area2 or 7ii7 outside of a metropolitan statistical area4 7,b7 ,multiple existing metropolitan planning organizations ,if multiple existing metropolitan planning organizations are designated within a metropolitan statistical area-- 7i7 the metropolitan planning organizations may-- 7,i7 retain their designation as distinct metropolitan planning organizations2 or 7,,ii7 be consolidated by agreement between the metropolitan planning organizations2 7ii7 the ,governor 7or ,governors7 and the existing metropolitan planning organizations shall-- 7,i7 revisit a determination to remain unconsolidated every #aj years1 beginning two years after the next decennial census2 and 7,,ii7 provide justification to the ,secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area2 and 7iii7 where multiple metropolitan planning organizations exist within a single metropolitan statistical area1 they shall cooperate with one another to-- 7,i7 develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans2 and 7,,ii7 establish a single set of performance targets that address the performance measures described in section #aej7;c7 for use in developing individual performance targets in accordance with section #acd7;h77#b74 4 7#b7 ,section #ecjc amendment ,section #ecjc7;d77#f7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#f7 ,consolidation of metropolitan planning organizations within urbanized areas 7,a7 ,limitation on new metropolitan planning organization designations ,a metropolitan planning organization shall not be newly designated-- 7i7 within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area2 or 7ii7 outside of a metropolitan statistical area4 7,b7 ,multiple existing metropolitan planning organizations ,if multiple existing metropolitan planning organizations are designated within a metropolitan statistical area-- 7i7 the metropolitan planning organizations may-- 7,i7 retain their designation as distinct metropolitan planning organizations2 or 7,,ii7 be consolidated by agreement between the metropolitan planning organizations2 7ii7 the ,governor 7or ,governors7 and the existing metropolitan planning organizations shall-- 7,i7 revisit a determination to remain unconsolidated every #aj years1 beginning two years after the next decennial census2 and 7,,ii7 provide justification to the ,secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area2 and 7iii7 where multiple metropolitan planning organizations exist within a single metropolitan statistical area1 they shall cooperate with one another to-- 7,i7 develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans2 and 7,,ii7 establish a single set of performance targets that address the performance measures described in section #aej7;c7 of title #bc1 ,united ,states ,code1 for use in developing individual performance targets in accordance with subsection 7h77#b7 and sections #ecbf7;c7 and #ecbi7;d7 of this title4 4 7#c7 ,definitions 7,a7 ,highway definition ,section #acd7;b7 of title #bc1 ,united ,states ,code1 is amended by-- 7i7 redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#b7 through 7#h72 and 7ii7 inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,consolidated metropolitan planning organization ,the term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area4 4 7,b7 ,transit definition ,section #ecjc7;b7 of title #di1 ,united ,states ,code1 is amended by-- 7i7 redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#b7 through 7#h72 and 7ii7 inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,consolidated metropolitan planning organization ,the term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area4 4 7b7 ,designation of high-,performing metropolitan planning organizations 7#a7 ,section #acd amendment ,section #acd of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7r7 ,high-,performing metropolitan planning organizations 7#a7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of over #bjj1jjj individuals may request a high-performing metropolitan planning organization designation from the ,secretary4 7#b7 ,criteria ,in making a high-performing metropolitan planning organization designation1 the ,secretary shall consider-- 7,a7 the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking2 7,b7 the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section #aej of this title and sections #ecjc7;h77#b71 #ecbf7;c71 and #ecbi7;d7 of title #di into its planning process2 7,c7 whether the metropolitan planning organization is a consolidated metropolitan planning organization2 7,d7 if the metropolitan planning organization is not a consolidated metropolitan planning organization1 the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area2 7,e7 the technical capacity of the metropolitan planning organization2 and 7,f7 other criteria established by the ,secretary in guidance4 7#c7 ,review ,a designation under paragraph 7#a7 shall stay in effect for #aj years from the date of designation4 4 7#b7 ,section #ecjc amendment ,section #ecjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 7r7 ,high-,performing metropolitan planning organizations 7#a7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of over #bjj1jjj individuals may request a high-performing metropolitan planning organization designation from the ,secretary4 7#b7 ,criteria ,in making a high-performing metropolitan planning organization designation1 the ,secretary shall consider-- 7,a7 the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking2 7,b7 the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section #aej of title #bc1 ,united ,states ,code1 subsection 7h77#b71 and sections #ecbf7;c7 and #ecbi7;d7 of this title into its planning process2 7,c7 whether the metropolitan planning organization is a consolidated metropolitan planning organization2 7,d7 if the metropolitan planning organization is not a consolidated metropolitan planning organization1 the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area2 7,e7 the technical capacity of the metropolitan planning organization2 and 7,f7 other criteria established by the ,secretary in guidance4 7#c7 ,review ,a designation under paragraph 7#a7 shall stay in effect for #aj years from the date of designation4 4 7c7 ,surface transportation incentive funds ,section #acc7;d77#a7 of title #bc1 ,united ,states ,code is amended to read as follows3 7#a7 ,calculation ,the funds apportioned to a ,state under section #ajd7;b77#b7 shall be obligated as follows3 7,a7 ,suballocated funds #ej percent of the funds for a fiscal year shall be obligated under this section1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population over #bjj1jjj2 7ii7 in urban areas of the ,state with a population of #e1jjj to #bjj1jjj2 and 7iii7 in areas of the ,state with a population of fewer than #e1jjj4 7,b7 ,statewide funds #be percent of the funds for a fiscal year may be obligated in any area of the ,state4 7,c7 ,high-performing metropolitan planning organizations 7i7 ,in general #be percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph 7,a77i7 that are served by high-performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code74 ,any funds remaining under this clause shall be obligated in any area of the ,state under subparagraph 7,b74 7ii7 ,amount ,the amount to be obligated under clause 7i7 in an urbanized area served by a high-performing metropolitan planning organization shall equal #ej percent of the amount to be obligated in that urbanized area under paragraph 7#d7 and is in addition to the amount under such paragraph4 4 7d7 ,transportation alternatives incentive funds ,section #bac7;c77#a7 of such title is amended to read as follows3 7#a7 ,calculation ,the funds reserved to a ,state shall be obligated as follows3 7,a7 ,suballocated funds #ej percent of the funds for a fiscal year shall be obligated under this section to any eligible entity in proportion to its relative share of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population over #bjj1jjj2 7ii7 in urban areas of the ,state with a population of #e1jjj to #bjj1jjj2 and 7iii7 in areas of the ,state with a population of fewer than #e1jjj4 7,b7 ,statewide funds #be percent of the funds for a fiscal year may be obligated in any area of the ,state4 7,c7 ,high-performing metropolitan planning organizations 7i7 ,in general #be percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph 7,a77i7 that are served by high-performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code74 ,any funds remaining under this clause shall be obligated in any area of the ,state under subparagraph 7,b74 7ii7 ,amount ,the amount to be obligated under clause 7i7 in an urbanized area served by a high-performing metropolitan planning organization shall equal #ej percent of the amount to obligated in that urbanized area under paragraph 7#c7 and is in addition to the amount under such paragraph4 4 7e7 ,obligation authority ,section #acc7;f7 of such title is amended-- 7#a7 in paragraph 7#a71 by-- 7,a7 striking ,a ,state and inserting ,except as provided in paragraph 7#b71 a ,state2 and 7,b7 striking fiscal years #bjaa through #bjad and inserting fiscal years after fiscal year #bjad2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c7 and inserting after paragraph 7#a7 the following3 7#b7 ,high-performing metropolitan planning organizations 7,a7 ,in general ,a ,state that is required to obligate in an urbanized area under subsections 7d77#a77;,a77i7 and 7d77#a77;,c77i7 shall make available to such urbanized area on an annual basis an amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying-- 7i7 the amount of funds that the ,state is required to obligate in the area under such subsections2 and 7ii7 the ratio specified in paragraph 7#a77;,b74 7,b7 ,availability ,the obligation authority that a ,state makes available to an urbanized area under subparagraph 7,a7 shall remain available for a period of four fiscal years4 2 and 7#c7 in paragraph 7#c71 as redesignated1 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b74 7f7 ,distribution of metropolitan planning funds ,section #ajd7;d77#b77;,a7 of such title is amended-- 7#a7 in clause 7i71 by striking 2 and and inserting 22 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following3 7ii7 prioritizes the needs of high-performing metropolitan planning organizations 7as designated by the ,secretary under section #acd7r7 or section #ecjc7r7 of title #di1 ,united ,states ,code72 and 4 7g7 ,technical correction ,subsection #acc7;h77#a7 of such title is amended by striking for each of fiscal years #bjac through #bjad and inserting each fiscal year4 #c4 ,participation of public port authorities 7a7 ,section #acd amendment ,section #acd7;i77#f77;,a7 of title #bc1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7b7 ,section #ace amendment ,section #ace7;g77#c7 of title #bc1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7c7 ,section #ecjc amendment ,section #ecjc7;i77#f77;,a7 of title #di1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 7d7 ,section #ecjd amendment ,section #ecjd7;g77#c7 of title #di1 ,united ,states ,code1 is amended by inserting public ports1 before freight shippers4 #d4 ,strengthening the ,statewide and nonmetropolitan planning process 7a7 ,section #ace amendment ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#e7 by striking may and inserting shall2 7#b7 in subsection 7f77#g7-- 7,a7 by striking should and inserting shall2 and 7,b7 by striking the final 2 and inserting 42 7#c7 in subsection 7g77#e77;,f77i7 by striking may and inserting shall2 and 7#d7 by striking subsection 7g77#h7 and inserting the following3 7#h7 ,certification process 7,a7 ,in general ,at least once every #d years the ,secretary shall certify that each ,state has met the requirements of-- 7i7 this section2 and 7ii7 other ,federal laws1 regulations1 and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes4 7,b7 ,failure to meet certification ,if a ,state does not meet such certification1 the ,secretary may withhold up to #bj percent of the funds attributable to such ,state for projects funded under this title and chapter #ec of title #di4 7,c7 ,restoration of funds ,the withheld funds shall be restored to the ,state at such time as the ,state process is certified by the ,secretary4 7,d7 ,public involvement ,in making the certification determinations under this paragraph1 the ,secretary shall provide for public involvement appropriate to the ,state under review4 4 7b7 ,section #ecjd amendment ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#e7 by striking may and inserting shall2 7#b7 in subsection 7f77#g7 by striking should and inserting shall2 7#c7 in subsection 7g77#e77;,f77i7 by striking may and inserting shall2 and 7#d7 by striking subsection 7g77#h7 and inserting the following3 7#h7 ,certification process 7,a7 ,in general ,at least once every #d years the ,secretary shall certify that each ,state has met the requirements of-- 7i7 this section2 and 7ii7 other ,federal laws1 regulations1 and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes4 7,b7 ,failure to meet certification ,if a ,state does not meet such certification1 the ,secretary may withhold up to #bj percent of the funds attributable to such ,state for projects funded under this title and chapter #ec of title #di4 7,c7 ,restoration of funds ,the withheld funds shall be restored to the ,state at such time as the ,state process is certified by the ,secretary4 7,d7 ,public involvement ,in making the certification determinations under this paragraph1 the ,secretary shall provide for public involvement appropriate to the ,state under review4 4 #e4 ,removal of the congestion management process 7a7 ,section #acd amendment ,section #acd of title #bc1 ,united ,states ,code1 as amended by this ,act1 is further amended-- 7#a7 by striking subsection 7k77#c7 and redesignating subsections 7k77#d7 and 7k77#e7 as subsections 7k77#c7 and 7k77#d71 respectively2 and 7#b7 by striking subsection 7n7 and redesignating subsections 7o7 through 7r7 as subsections 7n7 through 7q71 respectively4 7b7 ,section #ace amendment ,section #ace of title #bc1 ,united ,states ,code1 is amended by striking subsection 7j7 and redesignating subsections 7k7 through 7m7 as subsections 7j7 through 7l71 respectively4 7c7 ,section #ecjc amendment ,section #ecjc of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended-- 7#a7 by striking subsection 7k77#c7 and redesignating subsections 7k77#d7 and 7k77#e7 as subsections 7k77#c7 and 7k77#d71 respectively2 and 7#b7 by striking subsection 7n7 and redesignating subsections 7o7 through 7r7 as subsections 7n7 through 7q71 respectively4 7d7 ,section #ecjd amendment ,section #ecjd of title #di1 ,united ,states ,code1 is amended by striking subsection 7i7 and redesignating subsections 7j7 through 7l7 as subsections 7i7 through 7k71 respectively4 #f4 ,public involvement in plan development 7a7 ,section #acd amendment ,section #acd7;i7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by inserting after subparagraph 7,c7 the following3 7,d7 ,public involvement ,metropolitan planning organizations shall offer interested parties1 such as those described in paragraph 7#f71 a reasonable opportunity to participate in the development and consideration of scenarios4 2 and 7#b7 in paragraph 7#f71 by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan4 7b7 ,section #ace amendment ,section #ace7;f77#c77;,a77ii7 of title #bc1 ,united ,states ,code1 is amended by striking comment on the transportation plan2 and inserting provide input during the development of the transportation plan4 7c7 ,section #ecjc amendment ,section #ecjc7;i7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by inserting after subparagraph 7,c7 the following3 7,d7 ,public involvement ,metropolitan planning organizations shall offer interested parties1 such as those described in paragraph 7#f71 a reasonable opportunity to participate in the development and consideration of scenarios4 2 and 7#b7 in paragraph 7#f71 by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan4 7d7 ,section #ecjd amendment ,section #ecjd7;f77#c77;,a77ii7 of title #di1 ,united ,states ,code1 is amended by striking comment on the proposed plan2 and inserting provide input during the development of the transportation plan4 #g4 ,performance-based project selection 7a7 ,section #acd amendment ,section #acd7;j77#b77;,d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,d7 ,performance target achievement ,in adding projects to a transportation improvement program1 a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects'7 inclusion of elements that are known to support1 or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with subsection 7h77#b77;,b74 4 7b7 ,section #ace amendment ,section #ace7;g77#d7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,performance target achievement ,in adding projects to a ,state transportation improvement program1 a ,state shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects'7 inclusion of elements that are known to support1 or will foreseeably support1 outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with subsection 7f77#g77;,a74 4 7c7 ,section #ecjc amendment ,section #ecjc7;j77#b77;,d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,d7 ,performance target achievement ,in adding projects to a transportation improvement program1 a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects'7 inclusion of elements that are known to support1 or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with section #acd7;h77#b77;,b7 of title #bc4 4 7d7 ,section #ecjd amendment ,section #ecjd7;g77#d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,performance target achievement ,in adding projects to a ,state transportation improvement program1 a ,state shall create a process to evaluate and select each project or collection of projects based on the project's 7or collection of projects'7 inclusion of elements that are known to support1 or will foreseeably support1 outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with section #ace7;f77#g77;,a7 of title #bc4 4 #h4 ,effective date ,this ,act and the amendments made by this ,act are effective ,october #a1 #bjad1 and apply only to projects and other activities for which obligations or expenditures are first approved on or after that date4