,,ii #aacth ,,congress #b;d ,session ,s4 #bhia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad ,mr4 ,booker 7for himself1 ,mr4 ,wicker1 ,mr4 ,begich1 ,mr4 ,cochran1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,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 ,purposes ,the purposes of this section are-- 7#a7 to increase the return on investment in the surface transportation system of the ,united ,states2 7#b7 to make the surface transportation system of the ,united ,states 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 7b7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local government2 7,b7 a metropolitan planning organization2 7,c7 a regional transportation authority2 7,d7 a transit agency2 7,e7 a tribal government2 7,f7 a private provider of public transportation2 7,g7 a nonprofit transportation organization2 7,h7 a port authority2 7,i7 a joint power authority2 7,j7 a freight rail provider2 and 7,k7 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 and 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 ,rural local government ,the term rural local government means a local government for an area that is not an urbanized area 7as defined by the ,census ,bureau74 7#e7 ,state selection panel ,the term ,state selection panel means an innovation in surface transportation selection panel established by a ,state under subsection 7e74 7c7 ,establishment ,the ,secretary1 in coordination with ,state transportation departments1 shall establish an innovation in surface transportation program in accordance with the requirements of this section4 7d7 ,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 7j77#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 the ,innovation in ,surface ,transportation ,act of #bjad2 and 7ii7 not later than #cj days after the first day of each fiscal year beginning after the date of enactment of the ,innovation in ,surface ,transportation ,act of #bjad4 7#c7 ,selection criteria 7,a7 ,establishment ,the ,state selection panel under subsection 7e7 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 shall provide for the approval of project applications based on the extent to which the projects-- 7i7 improve the safety for all users of the transportation network2 7ii7 strengthen the contribution of a national multimodal freight network to the economic competitiveness of the ,united ,states2 7iii7 promote multimodal connectivity2 7iv7 strengthen return on investment1 particularly the impact on local economic development2 7v7 improve access to jobs and sources of labor1 schools and opportunity2 7vi7 optimize the usage and efficiency through better design and operation of existing transportation facilities2 7vii7 improve the reliability of the transportation system of the ,united ,states2 7viii7 improve environmental performance of the transportation system2 7ix7 encourage innovation and the use of technology2 and 7x7 further the purposes described in subsection 7a74 7,c7 ,special consideration of certain factors ,in addition to the factors specified in subparagraph 7,b71 the project selection criteria of a ,state shall provide that special consideration be given equally-- 7i7 to 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 to projects in public jurisdictions with high poverty areas 7as defined by the ,census ,bureau74 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 7e7 ,innovation in surface transportation selection panel 7#a7 ,in general ,a ,state 7including the ,governor and ,state ,department of ,transportation71 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 7d77#b72 and 7,b7 approve and disapprove the project applications based on the criteria set forth in subsection 7d77#c74 7#c7 ,membership ,a ,state selection panel shall be composed of the following members to be appointed by the ,state3 7,a7 ,not fewer than #c individuals representing the transportation department of the ,state4 7,b7 7i7 ,not fewer than #c individuals representing local governments in the ,state1 with at least #a representative from each of-- 7,i7 a jurisdiction with a population of #ej1jjj individuals or fewer2 7,,ii7 a jurisdiction with a population of more than #ej1jjj individuals and not more than #a1jjj1jjj individuals2 and 7,,iii7 a jurisdiction with a population of more than #a1jjj1jjj individuals1 if applicable4 7ii7 ,if a ,state does not have a jurisdiction that meets the criteria of #a of the subclauses of clause 7i71 the selection panel shall select a representative from a jurisdiction eligible under any of the other subclauses in order to secure the appropriate number of representatives pursuant to this subparagraph4 7,c7 ,not fewer than #c individuals representing metropolitan planning organizations1 councils of governments1 rural planning organizations1 and other joint powers authorities in the ,state charged with transportation responsibilities1 including ,indian tribes and tribal coalitions4 7#d7 ,additional members ,in addition to the members appointed under paragraph 7#c71 a ,state selection panel shall be composed of members to be appointed by the ,state1 in coordination with local transportation stakeholders1 from among individuals representing-- 7,a7 local chambers of commerce1 including transportation management organizations1 travel and tourism boards1 and other coalitions of employers and commerce2 7,b7 local air quality boards or organizations supporting improved air quality2 7,c7 ,state safety boards or local organizations supporting safety2 7,d7 transit agencies2 7,e7 port authorities1 if applicable2 7,f7 active transportation organizations2 7,g7 public interest organizations2 and 7,h7 public health quality boards or local organizations supporting improving public health4 7#e7 ,distribution of representatives ,a ,state shall appoint members to the section panel of the ,state in a manner such that-- 7,a7 the number of members appointed under each of subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#c7 is equal2 and 7,b7 not less than #a member1 and not more than #i members1 appointed under paragraph 7#d7 shall be described in each of subparagraphs 7,a71 7,b71 7,c71 7,d71 7,e7 if applicable1 7,f71 7,g71 and 7,h7 of paragraph 7#d74 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;,b71 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 selection panel of the ,state using a #b-tiered rotation process that ensures continuity of the panel by rotating the membership of the panel on a staggered basis4 7f7 ,technical assistance for certain areas 7#a7 ,rural eligibility ,the ,state shall support development of project applications under this section if requested by an eligible rural local government4 7#b7 ,reservation of funds ,the ,state may reserve not more than #j4be percent of the funds reserved for a fiscal year under subsection 7j7 to meet specific requests for support from eligible rural local governments4 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 7,b7 the amount of funding requested2 and 7,c7 the type of modal project2 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 selection panel of the ,state2 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 website 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 subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of subsection 7j77#a7 through the mechanisms described in paragraph 7#b7 if the ,secretary certifies that the ,state is distributing the 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 #dj percent 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 7,c7 has a competitive ,state program and direct suballocation to metropolitan areas or direct recipients of funds under section #ecjg of title #di1 of more than #ie percent of the funds-- 7i7 apportioned to the ,state under sections #ajd7;b77#a71 #ajd7;b77#b71 #ajd7;b77#c71 and #ajd7;b77#d72 or 7ii7 allocated to the ,state under section #acc7;d77#a77;,b72 and 7,d7 a certification by the ,secretary that the ,state is distributing grant funding in compliance with the requirements of this section or in a manner that is substantially similar to such requirements4 7#c7 ,publication in ,federal register ,before making a certification under paragraph 7#a71 the ,secretary shall-- 7,a7 publish in the ,federal ,register the intent of the ,secretary 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 ,letter to ,congress ,at least #ae days before making a certification under paragraph 7#a71 the ,secretary shall submit a letter to the congressional committees referred to in subsection 7h77#b7 and the members of the congressional delegation of the ,state that includes-- 7,a7 a notification of the ,secretary's intent to make the certification2 and 7,b7 a justification for the proposed certification4 7j7 ,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 ,in general ,the ,state shall reserve not less than #cc percent of the amount apportioned to the ,state for the fiscal year under section #ajd7;b77#d71 and unobligated balances for this section from the prior fiscal year for making grants under this section for eligible projects that are projects described in section #adi7;b74 7ii7 ,nonattainment areas ,states with nonattainment areas 7as defined in section #aga7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b777 shall use amounts reserved under this paragraph for making grants under this section for eligible projects described in section #adi7;b7 in those 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 the reservations under subsection 7f77#b7 are made4 7#c7 ,nonawarded funds 7,a7 ,in general ,a ,state shall recompete the funds using the process under subsection 7d77#b7 for funds reserved under this subsection if-- 7i7 any funds reserved by the ,state for a fiscal year under paragraph 7#a7 have not been awarded by the ,state in grants under this section on or before the last day of the fiscal year2 and 7ii7 any funds awarded in grants under this section remain unobligated by the grant recipient after the last day of the #c-year period beginning on the date on which the grant was awarded4 7,b7 ,redirection of funds ,once a ,state has fulfilled the requirements of subparagraph 7,a71 a ,state may redirect funds reserved under this subsection for sections #ajd7;b77#a71 #ajd7;b77#b71 #ajd7;b77#c71 and #ajd7;b77#d71 and #bac7;a77#a7 for funds that remain unobligated for an additional #c fiscal years4 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