```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3097 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3097

To amend titles 23 and 49, United States Code, to require metropolitan 
  planning organizations to consider greenhouse gas emissions in long-
range transportation plans and transportation improvement programs, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2021

  Mr. Doggett (for himself, Mr. Blumenauer, Ms. Chu, Ms. Escobar, Mr. 
     Grijalva, Mr. Nadler, Mr. Pocan, Ms. Porter, Mr. Raskin, Ms. 
  Schakowsky, Ms. Brownley, Mr. Espaillat, Ms. Lee of California, Mr. 
   Takano, Mr. Huffman, Mr. Garcia of Illinois, Mr. DeSaulnier, Mr. 
   Swalwell, Ms. Titus, Ms. Sanchez, and Mr. Khanna) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To amend titles 23 and 49, United States Code, to require metropolitan 
  planning organizations to consider greenhouse gas emissions in long-
range transportation plans and transportation improvement programs, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Transportation Act''.

SEC. 2. GREENHOUSE GAS EMISSIONS IN LONG-RANGE TRANSPORTATION PLANS.

    (a) Highway Planning.--Section 134(c)(2) of title 23, United States 
Code, is amended by adding at the end the following: ``Such plans and 
TIPs shall be developed after consideration of direct and indirect 
emissions of greenhouse gases (as defined in section 211(o)(1) of the 
Clean Air Act (42 U.S.C. 7545(o)(1))) and shall provide for reductions 
in such emissions.''.
    (b) Public Transportation Planning.--Section 5303(c)(2) of title 
49, United States Code, is amended by adding at the end the following: 
``Such plans and TIPs shall be developed after consideration of direct 
and indirect emissions of greenhouse gases (as defined in section 
211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))) and shall 
provide for reductions in such emissions.''.
    (c) Statewide and Nonmetropolitan Highway Planning.--Section 
135(a)(2) of title 23, United States Code, is amended by adding at the 
end the following: ``Such plans and TIPs shall be developed after 
consideration of direct and indirect emissions of greenhouse gases (as 
defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 
7545(o)(1))) and shall provide for reductions in such emissions.''.
    (d) Statewide and Nonmetropolitan Public Transportation Planning.--
Section 5304(a)(2) of title 49, United States Code, is amended by 
adding at the end the following: ``Such plans and TIPs shall be 
developed after consideration of direct and indirect emissions of 
greenhouse gases (as defined in section 211(o)(1) of the Clean Air Act 
(42 U.S.C. 7545(o)(1))) and shall provide for reductions in such 
emissions.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect--
            (1) with respect to a metropolitan planning organization 
        that operate within a metropolitan planning area with a 
        population of not less than 200,000, on the date of enactment 
        of this section; and
            (2) with respect to a metropolitan planning organization 
        other than a metropolitan planning organization described in 
        paragraph (1), on the date that is 4 years after the date of 
        enactment of this section.

SEC. 3. CONSIDERATION OF EMISSIONS OF GREENHOUSE GASES.

    (a) Title 23.--Title 23, United States Code, is amended--
            (1) in section 134(a)(1)--
                    (A) by striking ``fuel consumption and air 
                pollution'' and inserting ``fuel consumption and air 
                pollution and greenhouse gas emissions''; and
                    (B) by striking ``minimizing'' and inserting 
                ``reducing'';
            (2) in section 134(d)(3), by adding at the end the 
        following:
                    ``(D) Considerations.--
                            ``(i) Equitable and proportional 
                        representation.--In designating officials or 
                        representatives under paragraph (2), the 
                        metropolitan planning organization shall 
                        consider the equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.'';
            (3) in section 134(i)(2)(H), by striking ``play in reducing 
        congestion, pollution,'' and inserting ``play in reducing 
        congestion, pollution, greenhouse gas emissions,'';
            (4) in section 134(g)(3)(A), by striking ``disaster risk 
        reduction, environmental protection,'' and inserting ``disaster 
        risk reduction, environmental protection, climate change 
        adaptation and resilience,'';
            (5) in section 134(h)(1)(E)--
                    (A) by striking ``promote energy conservation'' and 
                inserting ``promote energy conservation, reduce 
                greenhouse gas emissions'';
                    (B) by inserting ``and public health'' after 
                ``quality of life''; and
                    (C) by inserting ``, including housing and land use 
                patterns'' after ``development patterns'';
            (6) in section 134(i)(2)(D)(i), by striking ``greatest 
        potential to'' and inserting ``greatest potential to reduce 
        greenhouse gas emissions and'';
            (7) in section 134(i)(5)(A), by inserting ``air quality, 
        public health, housing, transportation,'' after 
        ``conservation,'';
            (8) in section 135(d)(1)(E)--
                    (A) by striking ``promote energy conservation'' and 
                inserting ``promote energy conservation, reduce 
                greenhouse gas emissions'';
                    (B) by inserting ``and public health'' after 
                ``quality of life''; and
                    (C) by inserting ``, including housing and land use 
                patterns'' after ``development patterns'';
            (9) in section 135(d)(1)(I), by striking ``mitigate 
        stormwater'' and inserting ``mitigate stormwater and climate 
        change'';
            (10) in section 135(f)(2)(D)(i), by inserting ``air 
        quality, public health, housing, transportation,'' after 
        ``conservation,'';
            (11) in section 135(f)(4)(A), by striking ``have the 
        greatest potential to'' and inserting ``have the greatest 
        potential to reduce greenhouse gas emissions and''; and
            (12) in section 135(f)(8), by striking ``play in reducing 
        congestion, pollution,'' and inserting ``play in reducing 
        congestion, pollution, greenhouse gas emissions,''.
    (b) Title 49.--Title 49, United States Code, is amended--
            (1) in section 5303(a)(1), by striking ``fuel consumption 
        and air pollution'' and inserting ``fuel consumption and air 
        pollution and greenhouse gas emissions'';
            (2) in section 5303(i)(2)(H), by striking ``reducing 
        congestion, pollution,'' and inserting ``reducing congestion, 
        pollution, greenhouse gas emissions'';
            (3) in section 5303(g)(3)(A), by striking ``reduction, 
        environmental protection,'' and inserting ``reduction, 
        environmental protection, climate change adaptation and 
        resilience,'';
            (4) in section 5303(h)(1)(E), by striking ``promote energy 
        conservation'' and inserting ``promote energy conservation, 
        reduce greenhouse gas emissions'';
            (5) in section 5303(h)(1)(I), by striking ``reliability of 
        the transportation system'' and inserting ``reliability of the 
        transportation system and reduce or mitigate stormwater and 
        climate change impacts of surface transportation'';
            (6) in section 5303(i)(2)(D), by striking ``may have the 
        greatest potential to'' and inserting ``may have the greatest 
        potential to reduce greenhouse gas emissions and'';
            (7) in section 5304(d)(1)(E), by striking ``promote energy 
        conservation,'' and inserting ``promote energy conservation, 
        reduce greenhouse gas emissions,'';
            (8) in section 5304(f)(2)(D)(i), by striking ``resources, 
        environmental protection,'' and inserting ``resources, 
        environmental protection, climate change adaptation and 
        resilience,''; and
            (9) in section 5304(f)(4)(A), by striking ``have the 
        greatest potential to'' and inserting ``have the greatest 
        potential to reduce greenhouse gas emissions and''.

SEC. 4. USE OF FUNDS FOR MEASURING AND MONITORING TRANSPORTATION-
              RELATED GREENHOUSE GAS EMISSIONS.

    Notwithstanding any other provision of law, a State or metropolitan 
planning organization may use amounts authorized pursuant to section 
1101 of the FAST Act to develop standardized models and methodologies 
for measuring and monitoring transportation-related greenhouse gas 
emissions.

SEC. 5. SUBMISSION OF REPORTS.

    (a) States.--Section 150(e) of title 23, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) the standardized models and methodologies the State 
        uses to measure and monitor transportation-related greenhouse 
        gas emissions.''.
    (b) MPOs.--Not later than 2 years after the date of enactment of 
this section, and biennially thereafter, each metropolitan planning 
organization (as such term is defined in section 134 of title 23, 
United States Code) shall submit to the Secretary of Transportation the 
standardized models and methodologies the metropolitan planning 
organization uses to measure and monitor transportation-related 
greenhouse gas emissions.
    (c) Analysis.--The Secretary of Transportation shall collect and 
organize the models and methodologies that are submitted pursuant to 
section 150(e)(5) of title 23, United States Code, and subsection (b) 
of this section, in a publicly available clearinghouse.

SEC. 6. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

    (a) In General.--Section 150 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) Combating climate change.--To reduce carbon dioxide 
        and other greenhouse gas emissions and reduce the climate 
        impacts of the transportation system.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
                    (B) by adding at the end the following:
            ``(7) Greenhouse gas emissions.--The Secretary shall 
        establish, in consultation with the Administrator of the 
        Environmental Protection Agency, measures for States to use to 
        assess--
                    ``(A) carbon dioxide emissions per capita on public 
                roads; and
                    ``(B) any other greenhouse gas emissions per capita 
                on public roads that the Secretary determines to be 
                appropriate.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the Secretary has promulgated the final 
                        rulemaking under subsection (c), each'' and 
                        inserting ``Each''; and
                            (ii) by striking ``and (6)'' and inserting 
                        ``(6), and (7)''; and
                    (B) by adding at the end the following:
            ``(3) Regressive targets.--
                    ``(A) In general.--A State may not establish a 
                regressive target for the measures described under 
                paragraph (4) or paragraph (7) of subsection (c).
                    ``(B) Regressive target defined.--In this 
                paragraph, the term `regressive target' means a target 
                that fails to demonstrate constant or improved 
                performance for a particular measure.''; and
            (4) in subsection (e)--
                    (A) by striking ``Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a'' and inserting ``A''; and
                    (B) by inserting ``biennial'' after ``the Secretary 
                a''.
    (b) Development of Greenhouse Gas Measure.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall issue such regulations as are necessary to carry 
out paragraph (7) of section 150(c) of title 23, United States Code, as 
added by this Act.

SEC. 7. CARBON POLLUTION REDUCTION.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
    ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
    ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
            ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
            ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(c)(7); and
            ``(3) is--
                    ``(A) eligible for assistance under this title or 
                under chapter 53 of title 49; or
                    ``(B) a capital project, as such term is defined in 
                section 22906 of title 49, to improve intercity rail 
                passenger transportation, provided that the project 
                will yield a significant reduction in single occupant 
                vehicle trips and improve mobility on public roads.
    ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
    ``(d) Operating Expenses.--A State may use not more than 10 percent 
of the funds provided under section 104(b)(7) for the operating 
expenses of public transportation and passenger rail transportation 
projects.
    ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall annually evaluate 
        the progress of each State in carrying out the program under 
        this section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                    ``(A) the annual carbon dioxide emissions per 
                capita on public roads in the State for the most recent 
                year for which there is data; divided by
                    ``(B) the average annual carbon dioxide emissions 
                per capita on public roads in the State in calendar 
                years 2015 through 2019.
            ``(2) Measures.--In conducting the evaluation under 
        paragraph (1), the Secretary shall--
                    ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7), use 
                such data as are available, which may include data on 
                motor fuels usage published by the Federal Highway 
                Administration and information on emissions factors or 
                coefficients published by the Energy Information 
                Administration of the Department of Energy; and
                    ``(B) following the effective date of the 
                greenhouse gas performance measures under section 
                150(c)(7), use such measures.
    ``(g) Progress Report.--The Secretary shall annually issue a carbon 
pollution reduction progress report, to be made publicly available on 
the website of the Department of Transportation, that includes--
            ``(1) the results of the evaluation under subsection (f) 
        for each State; and
            ``(2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year covered by 
        such report, have the largest percentage reduction in annual 
        carbon dioxide emissions per capita on public roads being 
        ranked the highest.
    ``(h) High-Performing States.--
            ``(1) Designation.--For purposes of this section, each 
        State that is 1 of the 15 highest ranked States, as determined 
        under subsection (g)(2), and that achieves a reduction in 
        carbon dioxide emissions per capita on public roads, as 
        determined by the evaluation in subsection (f), shall be 
        designated as a high-performing State for the following fiscal 
        year.
            ``(2) Use of funds.--For each State that is designated as a 
        high-performing State under paragraph (1)--
                    ``(A) notwithstanding section 120, the State may 
                use funds made available under this title to pay the 
                non-Federal share of a project under this section 
                during any year for which such State is designated as a 
                high-performing State; and
                    ``(B) notwithstanding section 126, the State may 
                transfer up to 50 percent of funds apportioned under 
                section 104(b)(7) to the program under section 
                104(b)(2) in any year for which such State is 
                designated as a high-performing State.
            ``(3) Transfer.--For each State that is 1 of the 15 lowest 
        ranked States, as determined under subsection (g)(2), the 
        Secretary shall transfer 10 percent of the amount apportioned 
        to the State under section 104(b)(2) in the fiscal year 
        following the year in which the State is so ranked, not 
        including amounts set aside under section 133(d)(1)(A) and 
        under section 133(h) or 505(a), to the apportionment of the 
        State under section 104(b)(7).
            ``(4) Limitation.--The Secretary shall not conduct a 
        transfer under paragraph (3)--
                    ``(A) until the first fiscal year following the 
                effective date of greenhouse gas performance measures 
                under section 150(c)(7); and
                    ``(B) with respect to a State in any fiscal year 
                following the year in which such State achieves a 
                reduction in carbon dioxide emissions per capita on 
                public roads in such year as determined by the 
                evaluation under subsection (f).
    ``(i) Report.--Not later than 2 years after the date of enactment 
of this section and periodically thereafter, the Secretary, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall issue a report--
            ``(1) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are expected to provide the most significant greenhouse gas 
        emissions reductions from the surface transportation sector; 
        and
            ``(2) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are not expected to provide significant greenhouse gas 
        emissions reductions from the surface transportation sector.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``171. Carbon pollution reduction.''.
    (c) Applicability.--Subsection (b)(2) of section 171 of title 23, 
United States Code, as added by this section, shall apply to a State 
beginning on the first fiscal year following the fiscal year in which 
the State sets greenhouse gas performance targets under section 150(d) 
of title 23, United States Code.
    (d) Apportionment.--Section 104(b) of title 23, United States Code, 
is amended--
            (1) in paragraph (1) by striking ``63.7 percent'' and 
        inserting ``62.38 percent'';
            (2) in paragraph (2) by striking ``29.3 percent'' and 
        inserting ``27.98 percent'';
            (3) in paragraph (3) by striking ``7 percent'' and 
        inserting ``5.69 percent''; and
            (4) by adding at the end the following:
            ``(7) Carbon pollution reduction program.--For the carbon 
        pollution reduction program, 3.95 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (5), 
        and (6).''.
                                 <all>
```