,i #aafth ,,congress #ast ,session ,h4 ,r4 #bgbc ,,in ,,the ,,house ,,of ,,representatives ,may #ad1 #bjai,mr4 ,lowenthal 7for himself1 ,mr4 ,blumenauer1 ,mr4 ,crdenas1 ,mr4 ,cartwright1 ,mr4 ,cisneros1 ,ms4 ,kelly of ,illinois1 ,mr4 ,meadows1 ,ms4 ,moore1 ,mrs4 ,napolitano1 ,mr4 ,pocan1 ,mr4 ,rouda1 ,mr4 ,takano1 and ,ms4 ,hill of ,california7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to establish a ,multimodal ,freight ,funding ,formula ,program and a ,national ,freight ,infrastructure ,competitive ,grant ,program to improve the efficiency and reliability of freight movement in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,multimodal and ,sustainable ,freight ,infrastructure ,act4 #b4 ,freight funding programs 7a7 ,in general ,chapter #gja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #gjajd4 ,multimodal ,freight ,funding ,formula ,program 7a7 ,in general ,the ,secretary of ,transportation shall establish a ,multimodal ,freight ,funding ,formula ,program under which the ,secretary shall distribute funds to ,states to improve the efficiency and reliability of freight movement in the ,united ,states4 7b7 ,formula apportionment ,of funds made available to the ,secretary for a fiscal year to carry out the ,multimodal ,freight ,funding ,formula ,program under this section1 the ,secretary shall calculate the amount available to be apportioned to a ,state based on the following3 7#a7 #f4be percent in the ratio that-- 7,a7 the number of ports in each ,state2 bears to 7,b7 the number of ports in all ,states4 7#b7 #f4be percent in the ratio that-- 7,a7 the number of rail track-miles used for the movement of freight in each ,state2 bears to 7,b7 the number of such rail track-miles in all ,states4 7#c7 #f4be percent in the ratio that-- 7,a7 the number of cargo-handling airports in each ,state2 bears to 7,b7 the number of such airports in all ,states4 7#d7 #f4be percent in the ratio that-- 7,a7 the number of ,interstate system miles in each ,state2 bears to 7,b7 the number of ,interstate system miles in all ,states4 7#e7 #cg4e percent in the ratio that-- 7,a7 the tonnage of rail1 waterborne1 highway1 and airport freight moved in each ,state2 bears to 7,b7 the tonnage of such freight moved in all ,states4 7#f7 #cg4e percent in the ratio that-- 7,a7 the value of rail1 waterborne1 highway and airport freight moved in each ,state2 bears to 7,b7 the value of such freight moved in all ,states4 7c7 ,tier ,i eligibility ,the ,secretary shall provide to a ,state in a fiscal year #dj percent of the amount of the funds available to the ,state under subsection 7b7 for that fiscal year if the ,state-- 7#a7 has an established freight advisory committee in accordance with section #gjbja2 7#b7 developed any analyses or plans required for the completion of a ,state freight plan in accordance with section #gjbjb2 7#c7 has an approved ,state freight plan2 7#d7 has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs2 7#e7 demonstrates use of the statewide analysis of freight needs in prioritizing projects in the ,state freight plan2 7#f7 demonstrates that the ,state will use the funding that it is provided under this paragraph for the highest priority projects identified in the freight investment plan described under section #gjbjb2 and 7#g7 demonstrates that the program of projects will use the strategies and contribute to the goals described in the ,state freight plan to decrease-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss4 7d7 ,tier ,,ii eligibility ,the ,secretary shall provide to a ,state in a fiscal year #fj percent of the amount of the funds available to the ,state under subsection 7b7 for that fiscal year if the ,state-- 7#a7 has met the eligibility criteria of subsection 7c72 7#b7 has conducted1 in cooperation with at least one other ,state1 a multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs along a multistate freight corridor2 and 7#c7 has developed1 in cooperation with at least one other ,state or a relevant entity in ,canada or ,mexico1 a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs4 7e7 ,redistribution of funds ,the ,secretary shall make available under the ,national ,freight ,infrastructure ,competitive ,grant ,program under section #gjaje any funds that-- 7#a7 the ,secretary calculated under subsection 7b7 as available to a ,state for a fiscal year but did not provide to that ,state for that fiscal year under subsection 7c7 or subsection 7d72 or 7#b7 the ,secretary provided to a ,state under subsection 7c7 or subsection 7d7 but remain unobligated in that ,state at the end of the third fiscal year following the fiscal year in which they were provided to the ,state4 7f7 ,eligible uses ,a ,state may use funds provided under this section only for-- 7#a7 the development of corridor freight plans or regional freight plans2 or 7#b7 one or more phases of capital projects1 equipment1 or operational improvements on roads1 rails1 landside infrastructure on ports and airports1 and intermodal connectors included in a ,state freight plan for projects that-- 7,a7 maintain or improve the efficiency and reliability of freight supply chains2 7,b7 demonstrate public freight benefits2 7,c7 improve modal components of a multimodal corridor that is critical to a ,state or region2 7,d7 address freight needs to facilitate a regionally or nationally significant economic development issue2 7,e7 in accordance with the ,state freight plan1 decrease-- 7i7 greenhouse gas emissions2 7ii7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7iii7 water runoff and other adverse water impacts2 and 7iv7 wildlife habitat loss2 7,f7 are multimodal1 multi-jurisdictional1 or corridor-based and address freight needs2 7,g7 relieve freight or non-freight access1 congestion1 or safety issues2 or 7,h7 address first and last mile connectors4 7g7 ,,epa report ,a ,state that receives funds under this section shall collect data and1 beginning #a year from the date of the completion of each project or project phase that receives such funds1 and annually thereafter for #ae years1 report to the ,secretary and the ,administrator of ,environmental ,protection ,agency on progress made toward greenhouse gas emission reductions and local air pollution reductions in accordance with the ,state freight plan4 ,all relevant data and reporting shall be collected and reported in accordance with guidance developed by the ,administrator in consultation with the ,secretary4 7h7 ,federal ,share 7#a7 ,in general ,the ,federal share of the cost of a project carried out by a ,state using funds provided under this section may not be more than #hj percent4 7#b7 ,additional ,federal share ,the ,federal share of the cost of a project carried out by a ,state using funds provided under this section may be increased by #e percent if the such #e percent is used for the mitigation of diesel emissions from construction activities associated with the project4 ,the ,administrator of ,environmental ,protection ,agency1 in consultation with the ,secretary1 shall develop guidance for eligible equipment and activities consistent with existing ,state1 local1 and nonprofit clean construction guidelines4 7i7 ,reservation of funds for territories ,before making a calculation under subsection 7b71 the ,secretary shall withhold funds for distribution to each territory in an amount based on the freight infrastructure need of the territories1 as determined by the ,secretary4 ,such funds shall not otherwise be made available for distribution under this section4 7j7 ,authorization of appropriations ,there is authorized to be appropriated from the ,freight ,trust ,fund to carry out this section an amount equal to #ej percent of the receipts of the ,freight ,trust ,fund for each fiscal year beginning in fiscal year #bjbj4 7k7 ,administration and oversight costs ,the ,secretary may retain up to one-half of #a percent of the amounts available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under this section4 7l7 ,availability of funds ,amounts authorized under subsection 7j7 shall be-- 7#a7 available for obligation on ,october #a of the fiscal year for which they are authorized2 and 7#b7 available until expended4 7m7 ,application of rate requirements ,the ,secretary shall take such action as may be necessary to apply the requirements described under section #aac of title #bc1 as applicable1 to any project receiving funds under this section4 7n7 ,definitions ,in this section3 7#a7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and ,puerto ,rico4 7#b7 ,state ,freight ,plan ,the term ,state freight plan means the ,state freight plan described under section #gjbjb4 7#c7 ,territory ,the term territory has the meaning given such term in section #afe7;c77#a7 of title #bc4 #gjaje4 ,national ,freight ,infrastructure ,competitive ,grant ,program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,national ,freight ,infrastructure ,competitive ,grant ,program under which the ,secretary shall make grants1 on a competitive basis1 to designated entities for eligible projects to improve the efficiency and reliability of freight movement in the ,united ,states4 7b7 ,project goals ,in carrying out the ,program1 the ,secretary shall prioritize projects that-- 7#a7 improve the efficiency and reliability of freight transportation2 7#b7 reduce the cost of freight transportation2 7#c7 improve the safety of freight transportation2 7#d7 relieve bottlenecks in the freight transportation system2 7#e7 improve the state of good repair of the freight transportation system2 7#f7 contribute to the environmental goals described in the ,state freight plan2 and 7#g7 reduce the adverse impacts of freight transportation on communities traversed by freight4 7c7 ,grant applications ,to be eligible to receive a grant under the ,program a designated entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7d7 ,eligible project ,a project is eligible for a grant under the ,program only if the ,secretary determines that the project-- 7#a7 that is-- 7,a7 a capital investment project for a transportation infrastructure facility significantly used for the movement of freight2 or 7,b7 infrastructure necessary to mitigate the adverse impact of freight transportation on communities traversed by freight1 including-- 7i7 a road1 rail1 or landside air or water facility2 7ii7 an intermodal facility such as a seaport or port on the inland waterway system1 an airport1 or a highway and rail intermodal facility2 7iii7 a facility related to an international border crossing2 7iv7 is for an operational improvement or equipment of a facility described in this paragraph2 or 7v7 railway-roadway grade separations and related improvements2 7#b7 will help to achieve the goals set out in subsection 7b72 7#c7 has non-,federal source or sources of committed financing1 along with any ,federal funds1 sufficient to complete the project2 7#d7 has independent utility2 7#e7 is included in the ,state freight plan2 and 7#f7 includes the development of project plans and analysis4 7e7 ,grant criteria ,the ,secretary shall select eligible projects for funding based on the following criteria3 7#a7 ,the extent to which the project is likely to advance the goals described in subsection 7b74 7#b7 ,the likely benefits of the project relative to its costs4 7#c7 ,the extent to which the project demonstrates the use of innovative technology1 strategies1 and practices4 7#d7 ,the extent to which the project uses onroad construction vehicles and nonroad construction equipment that meet the emission standards of the ,environmental ,protection ,agency4 7#e7 ,the extent to which the project demonstrates effective reductions 7in accordance with the ,state freight plan7 in-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss4 7#f7 ,the likely effect of the project on increasing ,united ,states exports4 7#g7 ,the consistency of the project with the national freight strategic plan described under section #gjajb4 7#h7 ,the extent to which the project leverages ,federal funds by matching ,state1 territorial1 local1 tribal1 or private funds to the ,federal funding requested under the ,program4 7#i7 ,the extent to which funds for the project are not available from other ,federal sources4 7f7 ,special ,rule ,a minimum of #e percent of funds made available under the ,program for a fiscal year shall be provided to zero-emission freight demonstration projects1 as defined by the ,secretary of ,transportation1 in consultation with the ,administrator of the ,environmental ,protection ,agency4 7g7 ,retrospective analysis ,a grant agreement made under the ,program shall require that the recipient collect data and report to the ,secretary1 at an appropriate time as determined by the ,secretary1 on-- 7#a7 the actual cost of constructing the project2 7#b7 the time required to complete the project and put it into service2 7#c7 the level of usage of the facility built or improved by the project2 7#d7 the benefits of the project1 measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the ,secretary2 and 7#e7 any costs resulting from the project in addition to the costs of constructing the project4 7h7 ,,epa report ,a grant agreement made under the ,program shall require that the recipient collect data and1 beginning #a year from the date of the completion of the project and annually thereafter for #ae years1 report to the ,secretary and the ,administrator of ,environmental ,protection ,agency on progress made toward greenhouse gas emission reductions and local air pollution reductions in accordance with the ,state freight plan4 ,all relevant data and reporting shall be collected and reported in accordance with guidance developed by the ,administrator in consultation with the ,secretary4 7i7 ,period of availability ,in entering into agreements under this section1 the ,secretary shall ensure that any funds made available for a project that are not obligated or expended before the last day of the third fiscal year following the fiscal year in which the funds are made available are transferred back to the ,secretary for making grants under the ,program4 7j7 ,redistribution of funds ,if a designated entity that received a grant under this section has made no obligation of funding with respect to such grant by the end of the third fiscal year following the fiscal year in which the ,secretary awarded the grant1 the ,secretary shall-- 7#a7 withdraw the grant from the designated entity2 and 7#b7 apply the funding to another grant under this section4 7k7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project for which a grant is made under the ,program1 as estimated by the ,secretary1 shall be not more than #hj percent4 7#b7 ,additional ,federal share ,the ,federal share of the cost of a project carried out by a ,state using funds provided under this section may be increased by #e percent if the such #e percent is used for the mitigation of diesel emissions from construction activities associated with the project4 ,the ,administrator of ,environmental ,protection ,agency1 in consultation with the ,secretary1 shall develop guidance for eligible equipment and activities consistent with existing ,state1 local1 and nonprofit clean construction guidelines4 7l7 ,administration and oversight costs ,the ,secretary may retain up to one-half of #a percent of the amounts made available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under the ,program4 7m7 ,authorization and availability of funds 7#a7 ,authorization ,there is authorized to be appropriated from the ,freight ,trust ,fund to carry out this section an amount equal to #ej percent of the receipts of the ,freight ,trust ,fund for each fiscal year beginning in fiscal year #bjbj4 7#b7 ,availability ,amounts authorized under paragraph 7#a7 shall be-- 7,a7 available for obligation on ,october #a of the fiscal year for which they are authorized2 and 7,b7 available for obligation until expended4 7n7 ,application of rate requirements ,the ,secretary shall take such action as may be necessary to apply the requirements described under section #aac of title #bc1 as applicable1 to any project receiving funds under this section4 7o7 ,definitions ,in this section3 7#a7 ,designated entity ,the term designated entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a metropolitan planning organization2 7,d7 a public transportation authority 7including a port authority72 7,e7 a tribal government2 or 7,f7 or a consortium of the entities described in this paragraph4 7#b7 ,state ,the term ,state means any of the #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands4 7#c7 ,state ,freight ,plan ,the term ,state freight plan means the ,state freight plan described under section #gjbjb4 4 7b7 ,conforming amendment ,the table of sections for chapter #gja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #gjajd4 ,multimodal ,freight ,funding ,formula ,program4 #gjaje4 ,national ,freight ,infrastructure ,competitive ,grant ,program4 4 #c4 ,national and ,state freight plans 7a7 ,national freight strategic plan ,section #gjajb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aj7 by striking and at the end2 7#b7 in paragraph 7#aa7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ab7 best practices to reduce greenhouse gas emissions1 local air pollution1 water runoff1 and wildlife habitat loss4 4 7b7 ,state freight advisory committees ,section #gjbja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking representatives of ports1 freight railroads1 and all that follows through local governments and inserting the following3 representatives of-- 7#a7 ports2 7#b7 freight railroads2 7#c7 shippers2 7#d7 carriers2 7#e7 freight-related associations2 7#f7 third-party logistics providers2 7#g7 the freight industry workforce2 7#h7 the transportation department of the ,state2 7#i7 metropolitan planning organizations2 7#aj7 local governments2 7#aa7 the environmental protection department of the ,state1 if applicable2 and 7#ab7 the air resources board of the ,state1 if applicable 2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,qualifications ,each member of a freight advisory committee established under subsection 7a7 shall be widely recognized to have qualifications sufficient to represent the interests of such member's stakeholder group1 including1 as applicable-- 7#a7 a general business and financial experience2 7#b7 experience or qualifications in the areas of freight transportation and logistics2 7#c7 experience in transportation planning2 7#d7 experience representing employees of the freight industry2 or 7#e7 experience representing a ,state1 local government1 or metropolitan planning organization4 2 and 7#d7 in subsection 7b7-- 7,a7 in paragraph 7#e7 by inserting 1 including advising on the development of the freight investment plan after #gjbjb2 and 7,b7 by adding at the end the following3 7#f7 approve the ,state freight plan under section #gjbjb1 including the freight investment plan4 4 7c7 ,state freight plans ,section #gjbjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#i7-- 7i7 by inserting and section #gjajd after section #afg of title #bc2 and 7ii7 by striking and at the end2 7#b7 by redesignating paragraph 7#aj7 as paragraph 7#ab72 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 strategies and goals to decrease-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss2 7#aa7 strategies and goals to decrease the adverse impact of freight transportation on communities traversed by freight railroads2 and 2 7#d7 by redesignating subsection 7e7 as subsection 7f72 and 7#e7 by inserting after subsection 7d7 the following3 7e7 ,certification ,the ,secretary shall approve a freight plan if such plan meets the requirements of this section and is consistent with the ,national freight strategic plan described in section #gjajb4 ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency shall certify any environmental goal or strategy provisions of the plan4 4 #d4 ,freight ,trust ,fund 7a7 ,in general ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,freight ,trust ,fund 7a7 ,creation of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,freight ,trust ,fund 7hereinafter in this section referred to as the ,fund7 consisting of such amounts as may be appropriated or credited to such ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to the fund ,there are hereby appropriated to the ,fund amounts equivalent to taxes received in the ,treasury under section #dbhf4 7c7 ,expenditures ,from ,fund ,amounts in the ,fund shall be made available1 as provided by appropriation ,acts1 for making expenditures to meet obligations authorized to be paid out of the ,fund under section #b of the ,national ,multimodal and ,sustainable ,freight ,infrastructure ,act4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #ieab4 ,freight ,trust ,fund4 4 #e4 ,freight mobility infrastructure tax 7a7 ,imposition of tax ,chapter #cc of the ,internal ,revenue ,code of #aihf is amended by inserting after subchapter ,c the following new subchapter3 ,d ,ground ,transportation ,freight ,tax ,sec4 #dbhf4 ,imposition of tax4 #dbhf4 ,imposition of tax 7a7 ,in general ,there is hereby imposed upon taxable ground transportation of property within the ,united ,states a tax equal to #a percent of the amount paid for such transportation4 7b7 ,by whom paid 7#a7 ,in general ,the tax imposed by subsection 7a7 shall be paid-- 7,a7 by the person making the payment subject to tax1 or 7,b7 in the case of transportation by a related person1 by the person for whom such transportation is made4 7#b7 ,determinations of amounts paid in certain cases ,for purposes of this section1 rules similar to the rules of section #dbga7;c7 shall apply4 7c7 ,transportation by related persons ,in the case of transportation of property by the shipper or a person related to the shipper1 the fair market value of such transportation shall be the amount which would be paid for transporting such property if such property were transported by an unrelated person1 determined on an arms' length basis4 7d7 ,definitions and special rule ,for purposes of this subchapter-- 7#a7 ,taxable ground transportation ,the term taxable ground transportation means transportation of property by-- 7,a7 freight rail1 or 7,b7 truck trailer and semitrailer chassis and bodies1 suitable for use with a trailer or semitrailer which has a gross vehicle weight of #bf1jjj pounds or more4 ,for purposes of subparagraph 7,b71 the terms truck trailer and semitrailer have the same meanings as such terms have in section #djea4 7#b7 ,related person ,a person 7hereinafter in this paragraph referred to as the related person7 is related to any person if-- 7,a7 the related person bears a relationship to such person specified in section #bfg7;b7 or #gjg7;b77#a71 or 7,b7 the related person and such person are engaged in trades or businesses under common control 7within the meaning of subsections 7a7 and 7b7 of section #eb74 ,for purposes of the preceding sentence1 in applying sections #bfg7;b7 and #gjg7;b77#a71 #aj percent shall be substituted for #ej percent each place it appears4 7#c7 ,transportation outside the ,united ,states ,in the case an amount paid for transportation any portion of which is outside the ,united ,states1 the portion of such amount paid which is allocable to transportation within the ,united ,states shall be determined under regulations prescribed by the ,secretary4 ,such regulations shall include rules to include transportation outside the ,united ,states the primary purpose of which is to avoid the tax imposed by this section4 7e7 ,exemption for ,united ,states and possessions and ,state and local governments ,the tax imposed by subsection 7a7 shall not apply to amounts paid for transportation of property purchased for the exclusive use of the ,united ,states1 or any ,state or political subdivision thereof4 4 7b7 ,credits or refunds to persons who collected certain taxes ,section #fdae of such ,code is amended by striking or #dbga each place it appears and inserting #dbga1 or #dbhf4 7c7 ,clerical amendment ,the table of subchapters for chapter #cc of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to subchapter ,c the following new item3 ,subchapter ,d4 ,ground ,transportation ,freight ,tax 4 7d7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall issue regulations to carry out the amendments made by this section4 7e7 ,effective date ,the amendments made by this section shall apply to transportation beginning on or after the last day of the #ahj-;day period beginning on the date of the issuance of regulations under subsection 7c74