,,ii #aafth ,,congress #ast ,session ,s4 #fae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to free ,states to spend gas taxes on their transportation priorities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,transportation ,flexibility ,act4 #b4 ,direct ,federal-aid highway program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,direct ,federal-aid highway program 7a7 ,election by ,state not ,to participate ,notwithstanding any other provision of law and in accordance with this section1 a ,state may elect not to participate in any ,federal program relating to highways1 including a ,federal highway program under the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7,public ,law #aji-ei2 #aai ,stat4 #aadd71 the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #dje71 the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id2 #abi ,stat4 #acab71 this title1 or title #di4 7b7 ,direct ,federal-,aid highway program 7#a7 ,in general ,the ,secretary shall carry out a direct ,federal-aid highway program 7referred to in this section as the program7 in accordance with the requirements of this section under which the legislature of a ,state may elect1 not fewer than #ij days before the beginning of a fiscal year-- 7,a7 to waive the right of the ,state to receive amounts apportioned or allocated to the ,state under this chapter for the fiscal year to which the election relates2 and 7,b7 to receive an amount for that fiscal year that is determined in accordance with subsection 7e7 for that fiscal year4 7#b7 ,effect ,on making an election under paragraph 7#a71 a ,state-- 7,a7 assumes all ,federal obligations relating to each program that is the subject of the election2 and 7,b7 shall fulfill those obligations using the amounts transferred to the ,state under subsection 7e74 7#c7 ,eligible years ,a ,state may make an election with respect to fiscal year #bjbj and any fiscal year thereafter4 7c7 ,state responsibility 7#a7 ,in general ,the ,governor of a ,state making an election under subsection 7b7 shall-- 7,a7 agree to maintain the ,interstate ,system in accordance with the current ,interstate ,system program2 7,b7 submit a plan to the ,secretary describing-- 7i7 the purposes1 projects1 and uses to which amounts received under the program will be put2 and 7ii7 which programmatic requirements of this title the ,state elects to continue2 7,c7 agree to obligate or expend amounts received under the program exclusively for projects that would be eligible for funding under section #acc7;b7 if the ,state was not participating in the program2 and 7,d7 agree-- 7i7 to report annually to the ,secretary on the use of amounts received under the program2 and 7ii7 to make the report available to the public in an easily accessible format4 7#b7 ,no ,federal limitation on use of funds ,except as provided in paragraph 7#a71 the expenditure or obligation of funds received by a ,state under the program shall not be subject to any ,federal requirement under this title 7except for this section71 title #di1 or any other ,federal law 7including regulations74 7#c7 ,election irrevocable ,an election under subsection 7b7 shall be irrevocable during the applicable fiscal year4 7d7 ,effect on preexisting commitments ,an election under subsection 7b7 shall not affect any responsibility or commitment of the ,state under this title for any fiscal year with respect to-- 7#a7 a project or program funded under this title 7other than under this section72 or 7#b7 any project or program funded under this title in any fiscal year for which an election under subsection 7b7 is not in effect4 7e7 ,transfers 7#a7 ,in general ,the amount to be transferred to a ,state under the program for a fiscal year shall be the portion of the taxes appropriated to the ,highway ,trust ,fund 7other than for the ,mass ,transit ,account7 for that fiscal year that is attributable to highway users in that ,state during that fiscal year1 reduced by a pro rata share withheld by the ,secretary to fund contract authority for programs of the ,national ,highway ,traffic ,safety ,administration and the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,transfers under program 7,a7 ,in general ,transfers under the program-- 7i7 shall be made at the same time as deposits to the ,highway ,trust ,fund are made by the ,secretary of the ,treasury2 and 7ii7 shall-- 7,i7 be made on the basis of estimates by the ,secretary1 in consultation with the ,secretary of the ,treasury1 based on the most recent data available2 and 7,,ii7 include proper adjustments in amounts subsequently transferred to the extent prior estimates were in excess of1 or less than1 the amounts required to be transferred4 7,b7 ,limitation 7i7 ,in general ,an adjustment under subparagraph 7,a77ii77,,ii7 to any transfer may not exceed #e percent of the transferred amount to which the adjustment relates4 7ii7 ,adjustment greater than #e percent ,if the adjustment required under subparagraph 7,a77ii77,,ii7 exceeds the percentage described in clause 7i71 the excess shall be taken into account in making subsequent adjustments under subparagraph 7,a77ii77,,ii74 7f7 ,application with other authority ,any contract authority under this chapter 7and any obligation limitation7 authorized for a ,state for a fiscal year for which an election by that ,state is in effect under subsection 7b7-- 7#a7 shall be rescinded or canceled2 and 7#b7 shall not be reallocated or distributed to any other ,state under this chapter4 7g7 ,maintenance of effort 7#a7 ,in general ,not later than #cj days after the date on which an amount is distributed to a ,state or ,state agency under the program1 the ,governor of the ,state shall certify to the ,secretary that the ,state will maintain the effort of the ,state with regard to ,state funding for the types of projects that are funded by the amounts distributed4 7#b7 ,amounts ,as part of the certification under paragraph 7#a71 the ,governor shall submit to the ,secretary a statement that identifies the amount of funds the ,state plans to expend from ,state sources during the covered period for the types of projects that are funded by the amounts4 7h7 ,treatment of general revenues ,for purposes of this section1 any general revenue funds appropriated to the ,highway ,trust ,fund shall be transferred to a ,state under the program in the manner described in subsection 7e77#a74 4 7b7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #agj the following3 #aga4 ,direct ,federal-aid highway program4 4 #c4 ,alternative funding of public transportation programs 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ecda4 ,alternative funding of public transportation programs 7a7 ,definitions ,in this section-- 7#a7 the term alternative funding program means the program established under subsection 7c72 7#b7 the term covered program means a ,federal public transportation program that is funded using amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund2 and 7#c7 the term ,federal public transportation program means a ,federal program that provides funding for public transportation1 including under-- 7,a7 the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7,public ,law #aji-ei2 #aai ,stat4 #aadd72 7,b7 the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #dje72 7,c7 the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id2 #abi ,stat4 #acab72 7,d7 title #bc2 or 7,e7 this chapter4 7b7 ,election by ,state not ,to participate ,notwithstanding any other provision of law and in accordance with this section1 a ,state may elect not to participate in any covered program4 7c7 ,public transportation alternative funding program 7#a7 ,in general ,the ,secretary shall carry out a public transportation alternative funding program in accordance with the requirements of this section under which the legislature of a ,state may elect1 not fewer than #ij days before the beginning of a fiscal year-- 7,a7 to waive the right of the ,state to receive amounts apportioned or allocated to the ,state under the covered programs for the fiscal year to which the election relates2 and 7,b7 to receive an amount for that fiscal year that is determined in accordance with subsection 7f74 7#b7 ,effect ,on making an election under paragraph 7#a71 a ,state-- 7,a7 assumes all ,federal obligations relating to each covered program2 and 7,b7 shall fulfill those obligations using the amounts transferred to the ,state under subsection 7f74 7#c7 ,eligible years ,a ,state may make an election with respect to fiscal year #bjbj and any fiscal year thereafter4 7d7 ,state responsibility 7#a7 ,in general ,the ,governor of a ,state that participates in the alternative funding program shall-- 7,a7 submit a plan to the ,secretary that describes-- 7i7 the purposes1 projects1 and uses to which amounts received under the alternative funding program will be put2 and 7ii7 which programmatic requirements of the covered programs the ,state elects to continue2 7,b7 agree to obligate or expend amounts received under the alternative funding program exclusively for projects that would be eligible for funding under the covered programs if the ,state was not participating in the alternative funding program2 7,c7 submit to the ,secretary an annual report on the use of amounts received under the alternative funding program2 and 7,d7 make the annual report available to the public in an easily accessible format4 7#b7 ,no ,federal limitation on use of funds ,except as provided in paragraph 7#a71 the expenditure or obligation of funds received by a ,state under the alternative funding program shall not be subject to the requirements of-- 7,a7 this chapter 7except for this section72 7,b7 any covered program not under this chapter2 7,c7 title #bc2 or 7,d7 any other ,federal law 7including regulations74 7#c7 ,election irrevocable ,an election under subsection 7c7 shall be irrevocable during the applicable fiscal year4 7e7 ,effect on preexisting commitments ,an election by a ,state under subsection 7c7 shall not affect any responsibility or commitment of the ,state with respect to a project or program funded under a covered program in a fiscal year for which an election under subsection 7c7 is not in effect4 7f7 ,transfers 7#a7 ,in general ,the amount to be transferred to a ,state under the alternative funding program for a fiscal year shall be the portion of the taxes transferred to the ,mass ,transit ,account of the ,highway ,trust ,fund under section #iejc7;e7 of the ,internal ,revenue ,code of #aihf for that fiscal year that is attributable to highway users in that ,state during that fiscal year4 7#b7 ,transfers under program 7,a7 ,in general ,transfers under the alternative funding program-- 7i7 shall be made at the same time as transfers to the ,mass ,transit ,account of the ,highway ,trust ,fund are made by the ,secretary of the ,treasury2 and 7ii7 shall-- 7,i7 be made on the basis of estimates by the ,secretary1 in consultation with the ,secretary of the ,treasury1 based on the most recent data available2 and 7,,ii7 include proper adjustments in amounts subsequently transferred under the alternative funding program1 to the extent prior estimates were in excess of1 or less than1 the amounts required to be transferred under the alternative funding program4 7,b7 ,limitation 7i7 ,in general ,an adjustment under subparagraph 7,a77ii77,,ii7 to any transfer may not exceed #e percent of the transferred amount to which the adjustment relates4 7ii7 ,adjustment greater than #e percent ,if the adjustment required under subparagraph 7,a77ii77,,ii7 exceeds the percentage described in clause 7i7 of this subparagraph1 the excess shall be taken into account in making subsequent adjustments under subparagraph 7,a77ii77,,ii74 7g7 ,application with other authority ,any contract authority under a covered program 7and any obligation limitation7 authorized for a ,state for a fiscal year for which the ,state elects to participate in the alternative funding program shall be rescinded or canceled4 7h7 ,maintenance of effort 7#a7 ,in general ,not later than #cj days after the date on which amounts are distributed to a ,state or ,state agency under the alternative funding program1 the ,governor of the ,state shall certify to the ,secretary that the ,state will maintain the effort of the ,state with regard to ,state funding for the types of projects that are funded by the amounts distributed4 7#b7 ,amounts ,as part of the certification under paragraph 7#a71 the ,governor shall submit to the ,secretary a statement that identifies the amount of funds the ,state plans to expend from ,state sources for projects funded under the alternative funding program during the fiscal year for which the ,state elects to participate in the alternative funding program4 7i7 ,treatment of general revenues ,for purposes of this section1 any general revenue funds appropriated to the ,mass ,transit ,account of the ,highway ,trust ,fund shall be transferred to a ,state under the alternative funding program in the manner described in subsection 7f77#a74 4 7b7 ,conforming amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecdj the following3 #ecda4 ,alternative funding of public transportation programs4 4