,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fbbd ,,in ,,the ,,house ,,of ,,representatives ,march #ab1 #bjbj,mr4 ,lipinski introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to establish a dedicated1 competitive highway-rail grade separation program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,building ,much ,needed ,rail ,grade ,separations ,act of #bjbj4 #b4 ,grade separation grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #acj the following3 #aca4 ,railway-highway crossing separation program 7a7 ,definitions ,in this section3 7#a7 ,crossing ,the term crossing means a railway-highway grade crossing4 7#b7 ,grade separation ,the term grade separation means separation of a rail-highway grade crossing through the building of an additional structure such as an overpass1 underpass1 or trench4 7#c7 ,large project ,the term large project means a project funded under this section that has a total eligible project costs of greater than #ajj1jjj1jjj4 7#d7 ,program ,the term ,program means the grade separation investment program established under subsection 7b77#a74 7b7 ,establishment of grade separation program 7#a7 ,in general ,the ,secretary shall establish a grade separation investment program to provide grants on a competitive basis to carry out activities described in subsection 7h7 relating to grade separations4 7#b7 ,goals ,the goals of the ,program shall be-- 7,a7 to separate railway-highway grade crossings2 7,b7 to improve safety by reducing the number of deaths and injuries at rail-highway crossings2 7,c7 to increase the efficiency1 and reliability of the movement of people and freight over rail-highway crossings2 7,d7 to increase the capacity of the freight and passenger rail system2 7,e7 to reduce the amount of noise from trains2 and 7,f7 to improve air quality and reduce greenhouse gas emissions from less idling at rail-highway crossings4 7c7 ,funding 7#a7 ,grant amounts ,except as otherwise provided1 a grant under the ,program shall be-- 7,a7 in the case of a large project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #ej1jjj1jjj2 and 7,b7 in the case of an eligible project that is not a large project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #b1ejj1jjj4 7#b7 ,maximum amount ,for an eligible project receiving assistance under the ,program1 the amount of assistance provided by the ,secretary under this section1 as a share of eligible project costs1 shall be-- 7,a7 in the case of a large project1 not more than #ej percent2 and 7,b7 in the case of a project this not a large project1 not more than #hj percent4 7#c7 ,railroad share ,a railroad's share of the cost of a project funded under this section-- 7,a7 shall be #aj percent of the net benefit to the railroad for the purpose of determining the railroad's share of the cost of the project2 and 7,b7 may not be more than #e percent of the cost share described under subparagraph 7,a7 may be attributable to non-cash contributions of materials and labor furnished by the railroad in connection with the construction of such project4 7#d7 ,large projects ,at least #gj percent of the funds awarded in a fiscal year under this ,program shall go to large projects4 7#e7 ,future pipeline ,at least #e percent of the total amount awarded in a fiscal year under this ,program shall be for projects seeking funding for planning1 preliminary engineering1 or final environmental review4 ,the ,secretary shall ensure that the funding awarded is sufficient for such project to be eligible for grant amounts for final design or construction in a future application cycle4 7d7 ,eligible entity ,the ,secretary may make a grant under the ,program to any of the following3 7#a7 ,a ,state4 7#b7 ,a group of ,states4 7#c7 ,an interstate compact4 7#d7 ,a public agency or publicly chartered authority established by #a or more ,states4 7#e7 ,a political subdivision of a ,state4 7#f7 ,a metropolitan planning organization4 7#g7 ,amtrak or another rail carrier that provides intercity rail passenger transportation 7as defined in section #bdajb of title #di74 7#h7 ,a commuter rail authority4 7#i7 ,a ,tribal government or a consortium of ,tribal governments4 7#aj7 ,a multistate or multijurisdictional group of entities described in paragraphs 7#a7 through 7#i74 7e7 ,considerations 7#a7 ,primary considerations ,in awarding grants under the ,program1 the ,secretary shall consider the following primary factors3 7,a7 ,accident history at the crossing over the last #aj years1 including the number of fatalities and injuries4 7,b7 ,volume of trains1 both freight and passenger1 passing through the crossing4 7,c7 ,average speed of trains1 both freight and passenger1 that pass through the crossing4 7,d7 ,annual average daily traffic at the crossing4 7,e7 ,likelihood of a collision based on the geometry of the crossing4 7,f7 ,design speed and speed limit of the roadway that meets the crossing4 7,g7 ,the number of other at-grade crossings in the vicinity of the project location4 7,h7 ,the number of other grade separated crossings in the vicinity of the project location4 7,i7 ,the amount of critical facilities near the crossing1 including emergency response services1 hospitals1 schools1 chemical and power plants 7including nuclear71 military bases and installations1 and other similar facilities as determined by the ,secretary4 7#b7 ,secondary considerations ,in awarding grants under the ,program1 the ,secretary shall consider the following secondary factors3 7,a7 ,improvement in air quality1 including reductions in greenhouse gas emissions4 7,b7 ,decrease in train noise4 7,c7 ,increase in economic development4 7,d7 ,improvements to commuter and intercity passenger rail service and on-time performance4 7,e7 ,improvements to the rail freight network4 7,f7 ,socioeconomic status of the community where the project is located4 7,g7 ,the applicant's history of demonstrating financial commitment to and funding similar projects4 7#c7 ,prohibited considerations ,in awarding grants under this section1 the ,secretary may not-- 7,a7 limit the amount of grants or assistance any #a ,state can receive2 7,b7 require a minimum amount of grants or assistance to go to rural areas2 or 7,c7 take into consideration the amount of new non-,federal revenue a grant applicant has raised4 7f7 ,competitive process and evaluation of eligible projects other than large projects 7#a7 ,competitive process 7,a7 ,in general ,the ,secretary shall-- 7i7 for the first fiscal year for which funds are made available for obligation under the ,program1 not later than #fj days after the date on which the template under subparagraph 7,b77i7 is developed1 and in subsequent fiscal years1 not later than #fj days after the date on which amounts are made available for obligation under the ,program1 solicit grant applications for eligible projects other than large projects2 and 7ii7 not later than #abj days after the date on which the solicitation under clause 7i7 expires1 conduct evaluations under paragraph 7#c74 7,b7 ,requirements ,in carrying out subparagraph 7,a71 the ,secretary shall-- 7i7 develop a template for applicants to use to summarize project needs and benefits1 including benefits described in paragraph 7#c77;,b77i72 and 7ii7 enable applicants to use data from the national crossing inventory under section #bjafj of title #di to populate templates described in clause 7i71 as applicable4 7#b7 ,applications ,an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,evaluation 7,a7 ,in general ,prior to providing a grant under this subsection1 the ,secretary shall-- 7i7 conduct an evaluation of each project for which an application is received under this subsection2 and 7ii7 assign a quality rating to the project on the basis of the evaluation under clause 7i74 7,b7 ,requirements ,in carrying out an evaluation under subparagraph 7,a71 the ,secretary shall-- 7i7 consider information on project benefits submitted by the applicant using the template developed under paragraph 7#a77;,b77i71 including how and to what extent the project will address the factors listed in subsection 7e77#a72 and 7ii7 consider whether and the extent to which the benefits1 including the benefits described in clause 7i71 are more likely than not to outweigh the total project costs4 7g7 ,competitive process1 evaluation1 and annual report for large projects 7#a7 ,in general ,the ,secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the ,secretary such information as the ,secretary may require1 including information described in paragraph 7#b71 in order for a large project to be considered for a recommendation by the ,secretary for funding in the next annual report under paragraph 7#f74 7#b7 ,information required ,the information referred to in paragraph 7#a7 includes-- 7,a7 all necessary information required for the ,secretary to evaluate the large project2 and 7,b7 information sufficient for the ,secretary to determine that-- 7i7 the large project meets the applicable requirements under this section2 and 7ii7 there is a reasonable likelihood that the large project will continue to meet the requirements under this section4 7#c7 ,determination2 notice ,on making a determination that information submitted to the ,secretary under paragraph 7#a7 is sufficient1 the ,secretary shall provide a written notice of that determination to-- 7,a7 the entity that submitted the application2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#d7 ,evaluation ,the ,secretary may recommend a large project for funding in the annual report under paragraph 7#f7 only if the ,secretary evaluates the proposed project and determines that the project is justified because the project-- 7,a7 addresses a need to eliminate the grade crossing as determined by the ,secretary1 consistent with the goals of the ,program under subsection 7b77#b72 7,b7 will generate significant benefits based upon the factors listed in subsection 7e77#a71 as determined by the ,secretary2 7,c7 is cost effective based on an analysis of whether the benefits described in subparagraph 7,b7 are expected to outweigh the project costs2 and 7,d7 is supported by other ,federal or non-,federal financial commitments or revenues adequate to fund construction of the project4 7#e7 ,ratings 7,a7 ,in general ,the ,secretary shall create a data driven ranking to evaluate1 rate1 and rank large projects4 ,the ,secretary shall develop a methodology that-- 7i7 quantifies each factor listed in subsection 7e77#a77;,a7 on a numeric point scale1 with zero being the lowest number and the maximum number determined based on the ,secretary's methodology2 7ii7 calculates a numerical safety score based on how the project would address each of the factors listed in subsection 7e77#a77;,a7 with zero being the lowest number and the maximum number determined based on the ,secretary's methodology2 7iii7 evaluates on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 the benefits of the project for each of the factors listed in subsection 7e77#a77;,b72 and 7iv7 evaluates on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 how each projects meets subparagraphs 7,c7 and 7,d7 of paragraph 7#d74 7,b7 ,overall weighting ,the ,secretary shall develop and publish a methodology that explains how the ,secretary will weight each rating in subparagraph 7,a7 when awarding grants under this section4 ,the ,secretary shall give at least #ej percent weight to the safety score calculated under subparagraph 7,a77ii74 7,c7 ,prioritization ,the ,secretary shall prioritize funding for those projects scoring highest under subparagraph 7,b74 ,to be considered justified and receive a recommendation for funding in the annual report under paragraph 7#f71 a project shall receive a satisfactory rating for each rating required under subparagraph 7,a74 ,the ,secretary shall determine and publish what is considered a satisfactory rating for the purposes of this subparagraph4 7,d7 ,posting of ratings ,not later than #cj days after announcing an intent to award funds under this section1 the ,secretary shall post on the ,department of ,transportation's website the overall ranking and scores1 including the score for each metric quantified under paragraph 7#e77;,a71 for each eligible large application that submitted an application4 7#f7 ,annual report on funding recommendations for large projects 7,a7 ,in general ,not later than the first ,monday in ,february of each year1 the ,secretary shall submit to the ,committees on ,transportation and ,infrastructure and ,appropriations of the ,house of ,representatives and the ,committees on ,environment and ,public ,works and ,appropriations of the ,senate a report that includes-- 7i7 a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year2 7ii7 the evaluation under paragraph 7#d7 and ratings under paragraph 7#e7 for each project referred to in subsection 7i72 and 7iii7 the grant amounts that the ,secretary recommends providing to large projects in the next fiscal year1 including-- 7,i7 scheduled payments under previously signed multiyear grant agreements under subsection 7i72 7,,ii7 payments for new grant agreements1 including single-year grant agreements and multiyear grant agreements2 7,,iii7 a description of how amounts anticipated to be available for the ,program or the ,president's budget request for that fiscal year will be distributed2 and 7,,iv7 for each project for which the ,secretary recommends a new multiyear grant agreement under subsection 7i71 the proposed payout schedule for the project4 7,b7 ,limitations ,the ,secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement unless the ,secretary determines that the project can be completed using funds that are anticipated to be available in future fiscal years4 7,c7 ,considerations ,in selecting projects to recommend for funding in the annual report under this paragraph1 the ,secretary shall-- 7i7 consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph 7,b72 and 7ii7 assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the ,program in the last fiscal year of the period of authorization4 7h7 ,eligible project costs 7#a7 ,in general ,a grant received for a project under the ,program may be used for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements directly related to improving system performance4 7#b7 ,limitation ,the ,secretary shall not limit eligible projects from consideration for funding for planning1 engineering1 environmental1 construction1 and design elements of the same project in the same application4 7i7 ,multiyear grant agreements for large projects 7#a7 ,in general ,a large project that receives a grant under the ,program in an amount of not less than #ajj1jjj1jjj may be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a large project described in paragraph 7#a7 shall-- 7,a7 establish the terms of participation by the ,federal ,government in the project2 7,b7 establish the maximum amount of ,federal financial assistance for the project in accordance with paragraphs 7#a7 and 7#b7 of subsection 7c72 7,c7 establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than #d fiscal years after the fiscal year in which the initial amount is provided2 7,d7 determine the period of time for completing the project1 even if that period extends beyond the period of an authorization2 and 7,e7 attempt to improve timely and efficient management of the project1 consistent with all applicable ,federal laws 7including regulations74 7#c7 ,special financial rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,b7 ,statement of contingent commitment ,the agreement shall state that the contingent commitment is not an obligation of the ,federal ,government4 7,c7 ,interest and other financing costs 7i7 ,in general ,interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing4 7ii7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7#d7 ,advance payment ,notwithstanding any other provision of law1 an entity carrying out a large project under a multiyear grant agreement-- 7,a7 may use funds made available to the entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation2 and 7,b7 if the entity uses funds as described in subparagraph 7,a71 the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project4 7j7 ,undertaking parts of projects in advance under letters of no prejudice 7#a7 ,in general ,the ,secretary may pay to an applicant all eligible project costs under the ,program1 including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the ,program if-- 7,a7 before the applicant carries out the activity1 the ,secretary approves through a letter to the applicant the activity in the same manner as the ,secretary approves other activities as eligible under the ,program2 7,b7 a record of decision1 a finding of no significant impact1 or a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been issued for the eligible project2 and 7,c7 the activity is carried out without ,federal assistance and in accordance with all applicable procedures and requirements4 7#b7 ,interest and other financing costs 7,a7 ,in general ,for purposes of paragraph 7#a71 the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs1 including any interest earned and payable on bonds1 to the extent interest and other financing costs are expended in carrying out the activity for the eligible project1 except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing4 7,b7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph 7,a74 7#c7 ,no obligation or influence on recommendations ,an approval by the ,secretary under paragraph 7#a77;,a7 shall not-- 7,a7 constitute an obligation of the ,federal ,government2 or 7,b7 alter or influence any evaluation under subsections 7f77#c77;,a77i7 or 7g77#d7 or any recommendation by the ,secretary for funding under the ,program4 7k7 ,congressional notification ,not later than #cj days before making a grant under the ,program1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a written notification of the proposed grant that includes-- 7#a7 an evaluation and justification for the eligible project2 and 7#b7 the amount of the proposed grant4 7l7 ,reports 7#a7 ,annual report ,not later than ,august #a of each fiscal year1 the ,secretary shall make available on the website of the ,department of ,transportation an annual report that lists each eligible project for which a grant has been provided under the ,program during the fiscal year4 7#b7 ,,gao assessment and report ,not later than #c years after the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under the ,program2 and 7,b7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes-- 7i7 the adequacy and fairness of the process under which each eligible project that received a grant under the ,program was selected2 and 7ii7 the justification and criteria used for the selection of each eligible project4 4 7b7 ,clerical amendment ,the table of contents for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #acj the following3 #aca4 ,railway-highway crossing separation program4 4