I 

111TH CONGRESS 

1ST SESSION H. R. 1780 

To amend the Clean Air Act to achieve greenhouse gas emissions reductions 

through transportation efficiency. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2009 

Ms. MATSUI introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to achieve greenhouse gas 

emissions reductions through transportation efficiency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smart Planning for 

5 Smart Growth Act of 2009’’. 

6 SEC. 2. GREENHOUSE GAS EMISSIONS REDUCTIONS 

7 THROUGH TRANSPORTATION EFFICIENCY. 

8 Title I of the Clean Air Act is amended by inserting 

9 after section 179B (42 U.S.C. 7509a) the following: 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1780 IH

1 ‘‘SEC. 179C. GREENHOUSE GAS EMISSIONS REDUCTIONS 

2 THROUGH TRANSPORTATION EFFICIENCY. 

3 ‘‘(a) IN GENERAL.—Each State shall— 

4 ‘‘(1) not later than 3 years after the date of the 

5 enactment of this section, submit to the Adminis6 trator goals for transportation-related greenhouse 

7 gas emissions reductions; and 

8 ‘‘(2) as part of each transportation plan or 

9 transportation improvement plan developed under 

10 title 23 or title 49, United States Code, ensure that 

11 a plan to achieve such goals, or an updated version 

12 of such a plan, is submitted to the Administrator 

13 and to the Secretary of Transportation (in this sec14 tion referred to as the ‘Secretary’) by each metro15 politan planning organization in the State for an 

16 area with a population exceeding 200,000. 

17 ‘‘(b) MODELS AND METHODOLOGIES.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall 

19 promulgate regulations to establish standardized 

20 models and methodologies for use in developing 

21 goals, plans, and strategies under this section. Such 

22 regulations may approve or improve existing models 

23 and methodologies. 

24 ‘‘(2) TIMING.—The Administrator shall— 

mstockstill on PROD1PC66 with BILLS

3 

•HR 1780 IH

1 ‘‘(A) publish proposed regulations under 

2 paragraph (1) not later than 1 year after the 

3 date of the enactment of this section; and 

4 ‘‘(B) promulgate final regulations under 

5 paragraph (1) not later than 2 years after such 

6 date of enactment. 

7 ‘‘(c) GREENHOUSE GAS REDUCTION GOALS.— 

8 ‘‘(1) CONSULTATION.—Each State shall develop 

9 the goals referred to in subsection (a)(1)— 

10 ‘‘(A) in concurrence with State agencies re11 sponsible for air quality and transportation; 

12 ‘‘(B) in consultation with each metropoli13 tan planning organization for an area in the 

14 State with a population exceeding 200,000 and 

15 applicable local air quality and transportation 

16 agencies; and 

17 ‘‘(C) with public involvement, including 

18 public comment periods and meetings. 

19 ‘‘(2) PERIOD.—The goals referred to in sub20 section (a)(1) shall be for 10- and 20-year periods. 

21 ‘‘(3) TARGETS; DESIGNATED YEAR.—The goals 

22 referred to in subsection (a)(1) shall establish tar23 gets to reduce mobile source greenhouse gas emis24 sions in the covered area from levels projected under 

25 a business-as-usual scenario. The targets shall be demstockstill on PROD1PC66 with BILLS

4 

•HR 1780 IH

1 signed to ensure that the levels of such emissions 

2 stabilize and decrease after a designated year. The 

3 State shall consider designating 2010 as such des4 ignated year. 

5 ‘‘(4) COVERED AREA.—The goals referred to in 

6 subsection (a)(1) shall be established— 

7 ‘‘(A) on a statewide basis; and 

8 ‘‘(B) for each metropolitan planning orga9 nization in the State for an area with a popu10 lation exceeding 200,000. 

11 ‘‘(5) REVISED GOALS.—Every 4 years, each 

12 State shall update and revise, as appropriate, the 

13 goals referred to in subsection (a)(1). 

14 ‘‘(d) PLANNING.—A plan referred to in subsection 

15 (a)(2) shall— 

16 ‘‘(1) be based upon the models and methodolo17 gies established by the Administrator under sub18 section (b); 

19 ‘‘(2) address mobile sources, economic develop20 ment, and scenario analysis; and 

21 ‘‘(3) be developed— 

22 ‘‘(A) with public involvement, including 

23 public comment periods and meetings; 

24 ‘‘(B) with regional coordination, including 

25 with respect to— 

mstockstill on PROD1PC66 with BILLS

5 

•HR 1780 IH

1 ‘‘(i) metropolitan planning organiza2 tions; 

3 ‘‘(ii) the localities comprising the met4 ropolitan planning organization; 

5 ‘‘(iii) the State in which the metro6 politan planning organization is located; 

7 and 

8 ‘‘(iv) air quality and transportation 

9 agencies for the State and region involved; 

10 and 

11 ‘‘(C) in consultation with the State and 

12 local housing, public health, economic develop13 ment, land use, environment, and public trans14 portation agencies. 

15 ‘‘(e) STRATEGIES.—In developing goals under sub16 section (a)(1) and a plan under subsection (a)(2), the 

17 State or metropolitan planning organization, as applicable, 

18 shall consider transportation and land use planning strate19 gies to reduce greenhouse gas emissions, including the fol20 lowing: 

21 ‘‘(1) Efforts to increase public transportation, 

22 including commuter rail service and ridership, by 

23 adding at a minimum— 

24 ‘‘(A) new public transportation systems, 

25 including new commuter rail systems; 

mstockstill on PROD1PC66 with BILLS

6 

•HR 1780 IH

1 ‘‘(B) employer-based subsidies; and 

2 ‘‘(C) cleaner locomotive technologies. 

3 ‘‘(2) Updates to zoning and other land use reg4 ulations and plans to support development that— 

5 ‘‘(A) coordinates transportation and land 

6 use planning; 

7 ‘‘(B) focuses future growth close to exist8 ing and planned job centers and public facili9 ties; 

10 ‘‘(C) uses existing infrastructure; 

11 ‘‘(D) promotes walking, bicycling, and pub12 lic transportation use; and 

13 ‘‘(E) mixes land uses such as housing, re14 tail, and schools. 

15 ‘‘(3) Implementation of a policy (referred to as 

16 a ‘complete streets policy’) that— 

17 ‘‘(A) ensures adequate accommodation of 

18 all users of transportation systems, including 

19 pedestrians, bicyclists, public transportation 

20 users, motorists, children, the elderly, and indi21 viduals with disabilities; and 

22 ‘‘(B) adequately addresses the safety and 

23 convenience of all users of the transportation 

24 system. 

mstockstill on PROD1PC66 with BILLS

7 

•HR 1780 IH

1 ‘‘(4) Construction of bicycle and pedestrian in2 frastructure facilities. 

3 ‘‘(5) Projects to promote telecommuting, flexi4 ble work schedules, or satellite work centers. 

5 ‘‘(6) Pricing measures such as congestion pric6 ing. 

7 ‘‘(7) Intermodal freight system strategies, in8 cluding enhanced rail services, short sea shipping, 

9 and other strategies. 

10 ‘‘(8) Parking policies. 

11 ‘‘(9) Travel demand management projects. 

12 ‘‘(10) Restriction of the use of certain roads, or 

13 lanes, by vehicles other than passenger buses and 

14 high-occupancy vehicles. 

15 ‘‘(11) Reduction of vehicle idling, including 

16 idling associated with freight management, construc17 tion, transportation, and commuter operations. 

18 ‘‘(12) Policies to encourage the use of retrofit 

19 technologies and early replacement of vehicles, en20 gines and equipment to reduce greenhouse gas emis21 sions from existing mobile sources. 

22 ‘‘(13) Other projects that the Administrator 

23 finds reduce greenhouse gas emissions from mobile 

24 sources. 

mstockstill on PROD1PC66 with BILLS

8 

•HR 1780 IH

1 ‘‘(f) PUBLIC AVAILABILITY.—The Administrator 

2 shall publish, including by posting on the Environmental 

3 Protection Agency’s website— 

4 ‘‘(1) the goals and plans submitted under sub5 section (a); and 

6 ‘‘(2) for each plan submitted under subsection 

7 (a)(2), an analysis of the anticipated effects of the 

8 plan on greenhouse gas emissions and oil consump9 tion. 

10 ‘‘(g) ENFORCEMENT.—If the Administrator finds 

11 that a State has failed to submit goals under subsection 

12 (a)(1), or to ensure the submission of a plan under sub13 section (a)(2), for any area in the State (irrespective of 

14 whether the area is a nonattainment area), the Adminis15 trator may impose a prohibition in accordance with section 

16 179(b)(1) applicable to the area. The Administrator may 

17 not impose a prohibition under the preceding sentence, 

18 and no action may be brought by the Administrator or 

19 any other entity alleging a violation of this section, based 

20 on the content or adequacy of a goal or plan submitted 

21 under subsection (a)(1) or (a)(2). 

22 ‘‘(h) COMPETITIVE GRANTS.— 

23 ‘‘(1) GRANTS.—The Administrator, in consulta24 tion with the Secretary of Transportation, may 

25 award grants on a competitive basis to metropolitan 

mstockstill on PROD1PC66 with BILLS

9 

•HR 1780 IH

1 planning organizations to develop or implement 

2 plans submitted under subsection (a)(2) or elements 

3 thereof. 

4 ‘‘(2) PRIORITY.—In making grants under para5 graph (1), the Administrator shall give priority to 

6 applicants based upon— 

7 ‘‘(A) the amount of greenhouse gas emis8 sions to be reduced on a total or per capita 

9 basis, as determined by the Administrator in 

10 consultation with the Secretary of Transpor11 tation; and 

12 ‘‘(B) such other factors as the Adminis13 trator determines appropriate. 

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

15 To carry out this subsection, there are authorized to 

16 be appropriated such sums as may be necessary. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘metropolitan planning organiza19 tion’ means a metropolitan planning organization, as 

20 such term is used in section 176 of the Clean Air 

21 Act. 

22 ‘‘(2) The term ‘scenario analysis’ means an 

23 analysis that is conducted by identifying different 

24 trends and making projections based on those trends 

25 to develop a range of scenarios and estimates of how 

mstockstill on PROD1PC66 with BILLS

10 

•HR 1780 IH

1 each scenario could improve access to goods and 

2 services, including access to employment, education, 

3 and health care (especially for elderly and economi4 cally disadvantaged communities), and could affect 

5 rates of— 

6 ‘‘(A) vehicle miles traveled; 

7 ‘‘(B) use of mobile source fuel by type, in8 cluding electricity; and 

9 ‘‘(C) greenhouse gas emissions from the 

10 mobile source sector. 

11 ‘‘(j) LAND USE AUTHORITY.—Nothing in this section 

12 may be construed to— 

13 ‘‘(1) infringe upon the existing authority of 

14 State or local governments to plan or control land 

15 use, or 

16 ‘‘(2) provide or transfer authority over land use 

17 to any other entity.’’. 

Æ 

mstockstill on PROD1PC66 with BILLS