,i #aafth ,,congress #ast ,session ,h4 ,r4 #deia ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjai,ms4 ,finkenauer 7for herself and ,mr4 ,higgins of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to permit the ,secretary of ,transportation to approve ,federal participation in the replacement or rehabilitation of certain bridges1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fixing ,america's ,bridges ,act4 #b4 ,highway ,bridge ,replacement and ,rehabilitation ,program 7a7 ,in general ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking ,national bridge and tunnel inventory and inspection standards and inserting ,highway bridge replacement and rehabilitation2 and 7#b7 by adding at the end the following3 7l7 ,highway ,bridge ,replacement and ,rehabilitation ,program 7#a7 ,participation ,on application by a ,state or ,states to the ,secretary for assistance for one or more highway bridges that have been determined to be eligible for replacement or rehabilitation under subsection 7b71 the ,secretary may approve ,federal participation in-- 7,a7 replacing a bridge with a comparable facility2 or 7,b7 rehabilitating a bridge4 7#b7 ,types of assistance ,on application by a ,state or ,states to the ,secretary1 the ,secretary may approve ,federal assistance for any of the following activities for a highway bridge that has been determined to be eligible for replacement or rehabilitation under subsection 7b73 7,a7 ,painting4 7,b7 ,seismic retrofit4 7,c7 ,systematic preventive maintenance4 7,d7 ,installation of scour countermeasures4 7,e7 ,application of calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and de-icing compositions4 7#c7 ,basis for determination ,the ,secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each ,state based on highway bridges found to be in poor condition in the ,state4 7#d7 ,special rule for preventive maintenance ,notwithstanding any other provision of this subsection1 a ,state may carry out a project under paragraph 7#b77;,b71 7#b77;,c71 or 7#b77;,d7 for a highway bridge without regard to whether the bridge is eligible for replacement or rehabilitation under this section4 7#e7 ,apportionment 7,a7 ,in general ,funds authorized to carry out this section shall be apportioned among the several ,states on ,october #a of the fiscal year for which authorized in accordance with this subsection4 7,b7 ,categories of deficiency ,each deficient bridge shall be placed into one of the following categories3 7i7 ,federal-aid system bridges eligible for replacement4 7ii7 ,federal-aid system bridges eligible for rehabilitation4 7iii7 ,off-system bridges eligible for replacement4 7iv7 ,off-system bridges eligible for rehabilitation4 7,c7 ,calculation of apportionment 7i7 ,in general ,the deck area of deficient bridges in each category shall be multiplied by the respective unit price on a ,state-by-,state basis1 as determined by the ,secretary1 and the total cost in each ,state divided by the total cost of the deficient bridges in all ,states shall determine the apportionment factors4 7ii7 ,determinations ,the ,secretary shall make determinations under clause 7i7 using the latest available data1 which shall be updated annually4 7,d7 ,special rule for apportionment ,if a ,state transfers funds apportioned to the ,state under this section in a fiscal year beginning after ,september #cj1 #bjai1 to any other apportionment of funds to such ,state under this title1 the total cost of deficient bridges in such ,state and in all ,states to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds4 7,e7 ,limitation of apportionment ,no ,state shall receive more than #aj percent or less than #j4be percent of the total apportionment for any one fiscal year4 7,f7 ,availability of funds ,funds apportioned under this section shall be available for expenditure for the period specified in section #aah7;b74 7,g7 ,reapportionment of funds ,any funds not obligated at the expiration of the period described in subparagraph 7,f7 shall be reapportioned by the ,secretary to the other ,states in accordance with this subsection4 7,h7 ,special rule for use of funds ,the use of funds authorized under this section to carry out a project for the seismic retrofit of a bridge shall not affect the apportionment of funds under this section4 7#f7 ,set-aside for off-system bridges 7,a7 ,in general ,not less than #bj percent of the amount apportioned to each ,state in each fiscal year shall be expended for projects to replace1 rehabilitate1 paint1 perform systematic preventive maintenance or seismic retrofit of1 or apply calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and deicing compositions to1 or install scour countermeasures to1 highway bridges located on public roads1 other than those on a ,federal-aid highway4 7,b7 ,reduction of expenditures ,the ,secretary1 after consultation with ,state and local officials1 may reduce the requirement for expenditure for bridges not on a ,federal-aid highway under subparagraph 7,a7 with respect to the ,state if the ,secretary determines that the ,state has inadequate needs to justify the expenditure4 7#g7 ,inventories and reports ,the ,secretary shall-- 7,a7 biennially report to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on projects approved under this section2 7,b7 annually revise the current inventories authorized by subsection 7b7 of this section2 7,c7 biennially report to such committees on such inventories2 and 7,d7 biennially report to such committees such recommendations as the ,secretary may have for improvements of the program authorized by this section4 7#h7 ,fair and equitable basis ,sums apportioned to a ,state under this section shall be made available for obligation throughout such ,state on a fair and equitable basis4 7#i7 ,periodic review of application procedures 7,a7 ,in general ,not later than #f months after the date of enactment of this subsection1 and periodically thereafter1 the ,secretary shall review the procedure used in approving or disapproving applications submitted under this section to determine what changes1 if any1 may be made to expedite such procedure4 7,b7 ,implementation of changes ,the ,secretary shall implement the changes determined under subparagraph 7,a7 as soon as possible4 7,c7 ,report to ,congress ,not later than #i months after the date of enactment of this subsection1 the ,secretary shall submit a report to ,congress which describes such review and such changes1 including any recommendations for legislative changes4 7#aj7 ,credit for bridges not on ,federal-aid highways 7,a7 ,in general ,notwithstanding any other provision of law1 with respect to any project not on a ,federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from ,state and local sources1 is eligible for ,federal funds under this section1 is noncontroversial1 is certified by the ,state to have been carried out in accordance with all standards applicable to such projects under this section1 and is determined by the ,secretary upon completion to be no longer a deficient bridge any amount expended after the date of enactment of this subsection from ,state and local sources for the project in excess of #bj percent of the cost of construction of the project may be credited to the non-,federal share of the cost of other bridge projects in the ,state that are eligible for ,federal funds under this section4 7,b7 ,crediting ,crediting described under subparagraph 7,a7 shall be conducted in accordance with procedures established by the ,secretary4 7#aa7 ,definitions ,in this section3 7,a7 ,the term rehabilitate means performing major work necessary to restore the structural integrity of a bridge as well as work necessary to correct a major safety defect4 7,b7 ,the term rehabilitation means major work necessary to restore the structural integrity of a bridge as well as work necessary to correct a major safety defect4 7#ab7 ,federal share ,notwithstanding section #abj1 the ,federal share of the cost of a project carried out under this subsection shall be #ij percent4 7#ac7 ,treatment of off-system bridge projects ,notwithstanding any other provision of law1 off-system bridge projects funded in whole1 or in part1 under paragraphs 7#e7 or 7#f7 shall be treated as projects on a ,federal-aid highway under this chapter4 7#ad7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this subsection4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #add and inserting the following3 #add4 ,highway bridge replacement and rehabilitation4 4 7c7 ,surface transportation block grant program ,section #acc7;f7 of title #bc1 ,united ,states ,code1 is repealed4