,,ii #aaith ,,congress #ast ,session ,s4 #cdac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjbe,ms4 ,blunt ,rochester 7for herself1 ,mr4 ,merkley1 and ,mr4 ,warnock7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to reauthorize and improve the reconnecting communities program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,essential ,public ,access and ,improving ,resilient ,infrastructure ,act or the ,,repair ,infrastructure ,act4 #b4 ,restoring essential public access and improving resilient infrastructure 7,,repair infrastructure7 program 7a7 ,reauthorization 7#a7 ,in general ,there is authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 #c1jjj1jjj1jjj for each of fiscal years #bjbg through #bjca to carry out the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh71 of which-- 7,a7 #gej1jjj1jjj shall be for planning grants under subsection 7c7 of that section2 and 7,b7 #b1bej1jjj1jjj shall be for capital construction grants under subsection 7d7 of that section4 7#b7 ,treatment ,amounts made available under paragraph 7#a7 shall be-- 7,a7 available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that those amounts shall remain available until expended2 and 7,b7 administered as if-- 7i7 apportioned under chapter #a of title #bc1 ,united ,states ,code2 or 7ii7 allocated under chapter #b of title #bc1 ,united ,states ,code1 in the case of amounts made available to a ,tribal government4 7#c7 ,conforming amendments ,section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh7 is amended-- 7,a7 in the section heading1 by striking ,reconnecting communities pilot and inserting ,restoring essential public access and improving resilient infrastructure 7,,repair infrastructure7 program2 7,b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking pilot2 and 7,c7 in subsection 7f71 by striking the period of fiscal years #bjbb through #bjbf and inserting the period of fiscal years #bjbg through #bjca4 7#d7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 is amended by striking the item relating to section #aaeji and inserting the following3 ,sec4 #aaeji4 ,restoring essential public access and improving resilient infrastructure 7,,repair infrastructure7 program4 4 7b7 ,selection criteria ,section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh7 is amended-- 7#a7 in subsection 7c77#d77;,b7-- 7,a7 in the matter preceding clause 7i71 by striking the demonstration by the applicant that2 7,b7 in clause 7i71 by inserting the demonstration by the applicant that before the eligible facility2 7,c7 in clause 7ii7-- 7i7 in the matter preceding subclause 7,i71 by inserting the demonstration by the applicant that before the eligible facility2 and 7ii7 in subclause 7,,ii71 by striking and at the end2 7,d7 in clause 7iii7-- 7i7 by inserting the demonstration by the applicant that before on the basis2 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7iv7 if information is available1 the extent to which the project will promote-- 7,i7 new or improved affordable transportation options to increase safe mobility and connectivity for all1 including for people with disabilities1 to promote access to economic activity centers1 including workforce housing1 jobs1 healthcare1 grocery stores1 schools1 places of worship1 recreation1 childcare1 natural infrastructure1 and parks2 7,,ii7 safe accommodation for all users and seamless integration with the surrounding character1 context1 and land use1 with consideration of the economy and public health2 or 7,,iii7 economically thriving communities for individuals to work1 live1 and play by creating transportation choices for individuals to move freely and have meaningful access to opportunities2 7v7 if information is available1 the extent to which the application demonstrates-- 7,i7 a robust community participation plan that engages community members most impacted by the existing facility2 7,,ii7 formal partnerships1 backed by signed commitment letters and a budget1 with organizations based in communities adjacent to the project area1 including community-based organizations and community development financial institutions2 7,,iii7 an approach that meaningfully redresses historic economic and physical barriers and benefits underserved communities2 or 7,,iv7 a representative community advisory group1 advisory board1 or other place-based management organization with oversight authority1 including a community land trust1 community benefit agreement1 or other community development activity to redress transportation-related gaps in access2 and 7vi7 if information is available1 the extent to which the applicant demonstrates-- 7,i7 creative placemaking2 or 7,,ii7 community restoration1 stabilization1 and mechanisms to preserve affordability1 limit disruption of low-income communities1 and prevent displacement of existing residents1 such as-- 7aa7 assistance for renters and legacy homeowners and small businesses2 7bb7 preservation1 rehabilitation1 and expansion of location-efficient affordable housing2 7cc7 mixed-income mixed use development2 7dd7 affordable commercial spaces2 and 7ee7 other community wealth-building activities4 2 and 7#b7 in subsection 7d77#d7-- 7,a7 by striking the paragraph designation and heading and all that follows through basis of-- in subparagraph 7,b7 in the matter preceding clause 7i7 and inserting the following3 7#d7 ,selection criteria 7,a7 ,solicitation ,the ,secretary shall solicit applications for capital construction grants4 7,b7 ,criteria ,the ,secretary shall evaluate applications received under subparagraph 7,a7 on the basis of-- 2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7vii71 by striking 2 and at the end and inserting and a description of how those feasibility studies provide a basis for better access to daily destinations22 7ii7 in clause 7viii77,,ii71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7ix7 a description of how partner resources and other ,federal and non-,federal funds will support the project1 including a detailed description of all funding commitments1 financing1 and in-kind support2 7x7 the extent to which the project will encourage public and private investments to support greater commercial and mixed-income residential development near public transportation1 along rural main streets1 or in walkable neighborhoods2 7xi7 the extent to which the project will promote-- 7,i7 new or improved affordable transportation options to increase safe mobility and connectivity for all1 including for people with disabilities1 to promote access to economic activity centers1 including workforce housing1 jobs1 healthcare1 grocery stores1 schools1 places of worship1 recreation1 childcare1 natural infrastructure1 and parks2 7,,ii7 safe accommodation for all users and seamless integration with the surrounding character1 context1 and land use1 with consideration of the economy and public health2 or 7,,iii7 economically thriving communities for individuals to work1 live1 and play by creating transportation choices for individuals to move freely and have meaningful access to opportunities2 7xii7 the extent to which the application demonstrates-- 7,i7 a robust community participation plan that engages community members most impacted by the existing facility2 7,,ii7 formal partnerships1 backed by signed commitment letters and a budget1 with organizations based in communities adjacent to the project area1 including community-based organizations and community development financial institutions2 7,,iii7 an approach that meaningfully redresses historic economic and physical barriers and benefits underserved communities2 or 7,,iv7 a representative community advisory group1 advisory board1 or other place-based management organization with oversight authority1 including a community land trust1 community benefit agreement1 or other community development activity to redress transportation-related gaps in access2 and 7xiii7 the extent to which the applicant demonstrates-- 7,i7 creative placemaking2 or 7,,ii7 community restoration1 stabilization1 and mechanisms to preserve affordability1 limit disruption of low-income communities1 and prevent displacement of existing residents1 such as-- 7aa7 assistance for renters and legacy homeowners and small businesses2 7bb7 preservation1 rehabilitation1 and expansion of location-efficient affordable housing2 7cc7 mixed-income mixed use development2 7dd7 affordable commercial spaces2 and 7ee7 other community wealth-building activities4 2 and 7,c7 by adding at the end the following3 7,c7 ,additional information ,an applicant may include in an application under subparagraph 7,a7 information about land use policies that reduce regional displacement pressures in the area in which the project is located1 including measurements of1 of the land that permits residential use-- 7i7 the percentage that allows duplexes1 accessory dwelling units1 or higher unit count2 7ii7 the percentage that allows triplexes or higher unit count2 7iii7 the percentage that allows quadruplexes or higher unit count2 and 7iv7 the percentage that has no minimum parking requirements4 4 7c7 ,travel lanes ,section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh7 is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,travel lanes ,amounts from a grant under this section may not be used for a project that increases the number of travel lanes on an existing highway4 4 #c4 ,eligibility for ,,repair infrastructure program projects 7a7 ,national highway performance program ,section #aai7;d77#b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,t7 ,construction of a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 4 7b7 ,surface transportation block grant program ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by inserting after paragraph 7#c7 the following3 7#d7 ,projects eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 2 and 7#b7 in subsection 7c77#b71 by striking 7#e7 and inserting 7#d74 7c7 ,highway safety improvement program ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 through 7#af7 as paragraphs 7#b7 through 7#ag71 respectively2 7,b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,divisive roadway infrastructure 7,a7 ,in general ,the term divisive roadway infrastructure means a highway or other transportation facility that creates a barrier to community connectivity1 including barriers to mobility1 access1 or economic development1 due to high speeds1 grade separations1 or other design factors4 7,b7 ,inclusions ,the term divisive roadway infrastructure includes-- 7i7 a limited access highway2 7ii7 a viaduct2 and 7iii7 any other principal arterial facility4 2 and 7,c7 in subparagraph 7,b7 of paragraph 7#e7 7as so redesignated7-- 7i7 by redesignating clause 7xxix7 as clause 7xxx72 7ii7 by inserting after clause 7xxviii7 the following3 7xxix7 ,a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 2 and 7iii7 in clause 7xxx7 7as so redesignated71 by striking 7xxviii7 and inserting 7xxix72 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by striking subsections 7a77#ac7 and inserting subsections 7a77#ad72 and 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7v71 by striking and at the end2 7ii7 in clause 7vi71 by adding and after the semicolon at the end2 and 7iii7 by adding at the end the following3 7vii7 to evaluate the impacts of divisive roadway infrastructure2 2 and 7#c7 in subsection 7d77#b77;,b77i71 by striking subsection 7a77#ac7 and inserting subsection 7a77#ad74 7d7 ,congestion mitigation and air quality improvement program ,section #adi7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aj77;,b71 by striking or at the end2 7#b7 in paragraph 7#aa77;,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ab7 if the project is a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 4 7e7 ,territorial highway program ,section #afe7;c77#f77;,a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7viii7 ,projects eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 4 7f7 ,national highway freight program ,section #afg7;h77#e77;,c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating clauses 7xxii7 and 7xxiii7 as clauses 7xxiii7 and 7xxiv71 respectively2 7#b7 by inserting after clause 7xxi7 the following3 7xxii7 ,a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 2 and 7#c7 in clause 7xxiii7 7as so redesignated71 by striking 7xxi7 and inserting 7xxii74 7g7 ,rural surface transportation grant program ,section #agc7;e77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,f71 by striking or at the end2 7#b7 in subparagraph 7,g71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,h7 a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh74 4 7h7 ,carbon reduction program ,section #age7;c7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,flexibility 7,a7 ,in general ,if the ,secretary makes a certification described in subparagraph 7,b71 a ,state-- 7i7 shall first use funds apportioned under section #ajd7;b77#g7 for a project eligible for assistance under the ,,repair infrastructure program under section #aaeji of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh71 as determined by the ,secretary1 taking into consideration any projects that received planning grants under that program2 and 7ii7 if funds remain available after carrying out clause 7i71 in addition to eligible projects under paragraph 7#a71 may use funds apportioned under section #ajd7;b77#g7 for a project eligible under section #acc7;b74 7,b7 ,certification ,a certification referred to in subparagraph 7,a7 is a certification by the ,secretary that the ,state has demonstrated a reduction in transportation emissions-- 7i7 as estimated on a per capita basis2 and 7ii7 as estimated on a per unit of economic output basis4 4