I 

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 longrange 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. GARCI ́A of Illinois, Mr. DESAULNIER, 

Mr. SWALWELL, Ms. TITUS, Ms. SA ́NCHEZ, 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. 

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 ‘‘Green Transportation 

5 Act’’. 


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1 SEC. 2. GREENHOUSE GAS EMISSIONS IN LONG-RANGE 

2 TRANSPORTATION PLANS. 

3 (a) HIGHWAY PLANNING.—Section 134(c)(2) of title 

4 23, United States Code, is amended by adding at the end 

5 the following: ‘‘Such plans and TIPs shall be developed 

6 after consideration of direct and indirect emissions of 

7 greenhouse gases (as defined in section 211(o)(1) of the 

8 Clean Air Act (42 U.S.C. 7545(o)(1))) and shall provide 

9 for reductions in such emissions.’’. 

10 (b) PUBLIC TRANSPORTATION PLANNING.—Section 

11 5303(c)(2) of title 49, United States Code, is amended 

12 by adding at the end the following: ‘‘Such plans and TIPs 

13 shall be developed after consideration of direct and indi14 rect emissions of greenhouse gases (as defined in section 

15 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))) 

16 and shall provide for reductions in such emissions.’’. 

17 (c) STATEWIDE AND NONMETROPOLITAN HIGHWAY

18 PLANNING.—Section 135(a)(2) of title 23, United States 

19 Code, is amended by adding at the end the following: 

20 ‘‘Such plans and TIPs shall be developed after consider21 ation of direct and indirect emissions of greenhouse gases 

22 (as defined in section 211(o)(1) of the Clean Air Act (42 

23 U.S.C. 7545(o)(1))) and shall provide for reductions in 

24 such emissions.’’. 

25 (d) STATEWIDE AND NONMETROPOLITAN PUBLIC

26 TRANSPORTATION PLANNING.—Section 5304(a)(2) of 


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1 title 49, United States Code, is amended by adding at the 

2 end the following: ‘‘Such plans and TIPs shall be devel3 oped after consideration of direct and indirect emissions 

4 of greenhouse gases (as defined in section 211(o)(1) of 

5 the Clean Air Act (42 U.S.C. 7545(o)(1))) and shall pro6 vide for reductions in such emissions.’’. 

7 (e) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect— 

9 (1) with respect to a metropolitan planning or10 ganization that operate within a metropolitan plan11 ning area with a population of not less than 

12 200,000, on the date of enactment of this section; 

13 and 

14 (2) with respect to a metropolitan planning or15 ganization other than a metropolitan planning orga16 nization described in paragraph (1), on the date that 

17 is 4 years after the date of enactment of this sec18 tion. 

19 SEC. 3. CONSIDERATION OF EMISSIONS OF GREENHOUSE 

20 GASES. 

21 (a) TITLE 23.—Title 23, United States Code, is 

22 amended— 

23 (1) in section 134(a)(1)— 

24 (A) by striking ‘‘fuel consumption and air 

25 pollution’’ and inserting ‘‘fuel consumption and 


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1 air pollution and greenhouse gas emissions’’; 

2 and 

3 (B) by striking ‘‘minimizing’’ and inserting 

4 ‘‘reducing’’; 

5 (2) in section 134(d)(3), by adding at the end 

6 the following: 

7 ‘‘(D) CONSIDERATIONS.— 

8 ‘‘(i) EQUITABLE AND PROPORTIONAL

9 REPRESENTATION.—In designating offi10 cials or representatives under paragraph 

11 (2), the metropolitan planning organization 

12 shall consider the equitable and propor13 tional representation of the population of 

14 the metropolitan planning area. 

15 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

16 this paragraph shall require a metropolitan 

17 planning organization in existence on the 

18 date of enactment of this subparagraph to 

19 be restructured.’’; 

20 (3) in section 134(i)(2)(H), by striking ‘‘play in 

21 reducing congestion, pollution,’’ and inserting ‘‘play 

22 in reducing congestion, pollution, greenhouse gas 

23 emissions,’’; 

24 (4) in section 134(g)(3)(A), by striking ‘‘dis25 aster risk reduction, environmental protection,’’ and 


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1 inserting ‘‘disaster risk reduction, environmental 

2 protection, climate change adaptation and resil3 ience,’’; 

4 (5) in section 134(h)(1)(E)— 

5 (A) by striking ‘‘promote energy conserva6 tion’’ and inserting ‘‘promote energy conserva7 tion, reduce greenhouse gas emissions’’; 

8 (B) by inserting ‘‘and public health’’ after 

9 ‘‘quality of life’’; and 

10 (C) by inserting ‘‘, including housing and 

11 land use patterns’’ after ‘‘development pat12 terns’’; 

13 (6) in section 134(i)(2)(D)(i), by striking 

14 ‘‘greatest potential to’’ and inserting ‘‘greatest po15 tential to reduce greenhouse gas emissions and’’; 

16 (7) in section 134(i)(5)(A), by inserting ‘‘air 

17 quality, public health, housing, transportation,’’ 

18 after ‘‘conservation,’’; 

19 (8) in section 135(d)(1)(E)— 

20 (A) by striking ‘‘promote energy conserva21 tion’’ and inserting ‘‘promote energy conserva22 tion, reduce greenhouse gas emissions’’; 

23 (B) by inserting ‘‘and public health’’ after 

24 ‘‘quality of life’’; and 


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1 (C) by inserting ‘‘, including housing and 

2 land use patterns’’ after ‘‘development pat3 terns’’; 

4 (9) in section 135(d)(1)(I), by striking ‘‘miti5 gate stormwater’’ and inserting ‘‘mitigate 

6 stormwater and climate change’’; 

7 (10) in section 135(f)(2)(D)(i), by inserting 

8 ‘‘air quality, public health, housing, transportation,’’ 

9 after ‘‘conservation,’’; 

10 (11) in section 135(f)(4)(A), by striking ‘‘have 

11 the greatest potential to’’ and inserting ‘‘have the 

12 greatest potential to reduce greenhouse gas emis13 sions and’’; and 

14 (12) in section 135(f)(8), by striking ‘‘play in 

15 reducing congestion, pollution,’’ and inserting ‘‘play 

16 in reducing congestion, pollution, greenhouse gas 

17 emissions,’’. 

18 (b) TITLE 49.—Title 49, United States Code, is 

19 amended— 

20 (1) in section 5303(a)(1), by striking ‘‘fuel con21 sumption and air pollution’’ and inserting ‘‘fuel con22 sumption and air pollution and greenhouse gas emis23 sions’’; 


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1 (2) in section 5303(i)(2)(H), by striking ‘‘re2 ducing congestion, pollution,’’ and inserting ‘‘reduc3 ing congestion, pollution, greenhouse gas emissions’’; 

4 (3) in section 5303(g)(3)(A), by striking ‘‘re5 duction, environmental protection,’’ and inserting 

6 ‘‘reduction, environmental protection, climate change 

7 adaptation and resilience,’’; 

8 (4) in section 5303(h)(1)(E), by striking ‘‘pro9 mote energy conservation’’ and inserting ‘‘promote 

10 energy conservation, reduce greenhouse gas emis11 sions’’; 

12 (5) in section 5303(h)(1)(I), by striking ‘‘reli13 ability of the transportation system’’ and inserting 

14 ‘‘reliability of the transportation system and reduce 

15 or mitigate stormwater and climate change impacts 

16 of surface transportation’’; 

17 (6) in section 5303(i)(2)(D), by striking ‘‘may 

18 have the greatest potential to’’ and inserting ‘‘may 

19 have the greatest potential to reduce greenhouse gas 

20 emissions and’’; 

21 (7) in section 5304(d)(1)(E), by striking ‘‘pro22 mote energy conservation,’’ and inserting ‘‘promote 

23 energy conservation, reduce greenhouse gas emis24 sions,’’; 


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1 (8) in section 5304(f)(2)(D)(i), by striking ‘‘re2 sources, environmental protection,’’ and inserting 

3 ‘‘resources, environmental protection, climate change 

4 adaptation and resilience,’’; and 

5 (9) in section 5304(f)(4)(A), by striking ‘‘have 

6 the greatest potential to’’ and inserting ‘‘have the 

7 greatest potential to reduce greenhouse gas emis8 sions and’’. 

9 SEC. 4. USE OF FUNDS FOR MEASURING AND MONITORING 

10 TRANSPORTATION-RELATED GREENHOUSE 

11 GAS EMISSIONS. 

12 Notwithstanding any other provision of law, a State 

13 or metropolitan planning organization may use amounts 

14 authorized pursuant to section 1101 of the FAST Act to 

15 develop standardized models and methodologies for meas16 uring and monitoring transportation-related greenhouse 

17 gas emissions. 

18 SEC. 5. SUBMISSION OF REPORTS. 

19 (a) STATES.—Section 150(e) of title 23, United 

20 States Code, is amended— 

21 (1) in paragraph (3), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (4), by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(5) the standardized models and methodologies 

2 the State uses to measure and monitor transpor3 tation-related greenhouse gas emissions.’’. 

4 (b) MPOS.—Not later than 2 years after the date 

5 of enactment of this section, and biennially thereafter, 

6 each metropolitan planning organization (as such term is 

7 defined in section 134 of title 23, United States Code) 

8 shall submit to the Secretary of Transportation the stand9 ardized models and methodologies the metropolitan plan10 ning organization uses to measure and monitor transpor11 tation-related greenhouse gas emissions. 

12 (c) ANALYSIS.—The Secretary of Transportation 

13 shall collect and organize the models and methodologies 

14 that are submitted pursuant to section 150(e)(5) of title 

15 23, United States Code, and subsection (b) of this section, 

16 in a publicly available clearinghouse. 

17 SEC. 6. NATIONAL GOALS AND PERFORMANCE MANAGE18 MENT MEASURES. 

19 (a) IN GENERAL.—Section 150 of title 23, United 

20 States Code, is amended— 

21 (1) in subsection (b)— 

22 (A) by redesignating paragraph (7) as 

23 paragraph (8); and 

24 (B) by inserting after paragraph (6) the 

25 following: 


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1 ‘‘(7) COMBATING CLIMATE CHANGE.—To re2 duce carbon dioxide and other greenhouse gas emis3 sions and reduce the climate impacts of the trans4 portation system.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (1) by striking ‘‘Not 

7 later than 18 months after the date of enact8 ment of the MAP–21, the Secretary’’ and in9 serting ‘‘The Secretary’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec12 retary shall establish, in consultation with the Ad13 ministrator of the Environmental Protection Agency, 

14 measures for States to use to assess— 

15 ‘‘(A) carbon dioxide emissions per capita 

16 on public roads; and 

17 ‘‘(B) any other greenhouse gas emissions 

18 per capita on public roads that the Secretary 

19 determines to be appropriate.’’; 

20 (3) in subsection (d)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘Not later than 1 year 

23 after the Secretary has promulgated the 

24 final rulemaking under subsection (c), 

25 each’’ and inserting ‘‘Each’’; and 


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1 (ii) by striking ‘‘and (6)’’ and insert2 ing ‘‘(6), and (7)’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(3) REGRESSIVE TARGETS.— 

5 ‘‘(A) IN GENERAL.—A State may not es6 tablish a regressive target for the measures de7 scribed under paragraph (4) or paragraph (7) 

8 of subsection (c). 

9 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

10 this paragraph, the term ‘regressive target’ 

11 means a target that fails to demonstrate con12 stant or improved performance for a particular 

13 measure.’’; and 

14 (4) in subsection (e)— 

15 (A) by striking ‘‘Not later than 4 years 

16 after the date of enactment of the MAP–21 and 

17 biennially thereafter, a’’ and inserting ‘‘A’’; and 

18 (B) by inserting ‘‘biennial’’ after ‘‘the Sec19 retary a’’. 

20 (b) DEVELOPMENT OF GREENHOUSE GAS MEAS21 URE.—Not later than 1 year after the date of enactment 

22 of this Act, the Secretary of Transportation shall issue 

23 such regulations as are necessary to carry out paragraph 

24 (7) of section 150(c) of title 23, United States Code, as 

25 added by this Act. 


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1 SEC. 7. CARBON POLLUTION REDUCTION. 

2 (a) IN GENERAL.—Chapter 1 of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 171. Carbon pollution reduction 

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab7 lish a carbon pollution reduction program to support the 

8 reduction of greenhouse gas emissions from the surface 

9 transportation system. 

10 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

11 funding under this section if such project— 

12 ‘‘(1) is expected to yield a significant reduction 

13 in greenhouse gas emissions from the surface trans14 portation system; 

15 ‘‘(2) will help a State meet the greenhouse gas 

16 emissions performance targets established under sec17 tion 150(c)(7); and 

18 ‘‘(3) is— 

19 ‘‘(A) eligible for assistance under this title 

20 or under chapter 53 of title 49; or 

21 ‘‘(B) a capital project, as such term is de22 fined in section 22906 of title 49, to improve 

23 intercity rail passenger transportation, provided 

24 that the project will yield a significant reduction 

25 in single occupant vehicle trips and improve 

26 mobility on public roads. 


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1 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

2 on methods of determining the reduction of single occu3 pant vehicle trips and improvement of mobility on public 

4 roads as those factors relate to intercity rail passenger 

5 transportation projects under subsection (b)(4). 

6 ‘‘(d) OPERATING EXPENSES.—A State may use not 

7 more than 10 percent of the funds provided under section 

8 104(b)(7) for the operating expenses of public transpor9 tation and passenger rail transportation projects. 

10 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA11 CILITIES.—None of the funds provided under this section 

12 may be used for a project that will result in the construc13 tion of new capacity available to single occupant vehicles 

14 unless the project consists of a high occupancy vehicle fa15 cility and is consistent with section 166. 

16 ‘‘(f) EVALUATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall annu18 ally evaluate the progress of each State in carrying 

19 out the program under this section by comparing the 

20 percent change in carbon dioxide emissions per cap21 ita on public roads in the State calculated as— 

22 ‘‘(A) the annual carbon dioxide emissions 

23 per capita on public roads in the State for the 

24 most recent year for which there is data; di25 vided by 


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1 ‘‘(B) the average annual carbon dioxide 

2 emissions per capita on public roads in the 

3 State in calendar years 2015 through 2019. 

4 ‘‘(2) MEASURES.—In conducting the evaluation 

5 under paragraph (1), the Secretary shall— 

6 ‘‘(A) prior to the effective date of the 

7 greenhouse gas performance measures under 

8 section 150(c)(7), use such data as are avail9 able, which may include data on motor fuels 

10 usage published by the Federal Highway Ad11 ministration and information on emissions fac12 tors or coefficients published by the Energy In13 formation Administration of the Department of 

14 Energy; and 

15 ‘‘(B) following the effective date of the 

16 greenhouse gas performance measures under 

17 section 150(c)(7), use such measures. 

18 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu19 ally issue a carbon pollution reduction progress report, to 

20 be made publicly available on the website of the Depart21 ment of Transportation, that includes— 

22 ‘‘(1) the results of the evaluation under sub23 section (f) for each State; and 

24 ‘‘(2) a ranking of all the States by the criteria 

25 under subsection (f), with the States that, for the 


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1 year covered by such report, have the largest per2 centage reduction in annual carbon dioxide emissions 

3 per capita on public roads being ranked the highest. 

4 ‘‘(h) HIGH-PERFORMING STATES.— 

5 ‘‘(1) DESIGNATION.—For purposes of this sec6 tion, each State that is 1 of the 15 highest ranked 

7 States, as determined under subsection (g)(2), and 

8 that achieves a reduction in carbon dioxide emissions 

9 per capita on public roads, as determined by the 

10 evaluation in subsection (f), shall be designated as a 

11 high-performing State for the following fiscal year. 

12 ‘‘(2) USE OF FUNDS.—For each State that is 

13 designated as a high-performing State under para14 graph (1)— 

15 ‘‘(A) notwithstanding section 120, the 

16 State may use funds made available under this 

17 title to pay the non-Federal share of a project 

18 under this section during any year for which 

19 such State is designated as a high-performing 

20 State; and 

21 ‘‘(B) notwithstanding section 126, the 

22 State may transfer up to 50 percent of funds 

23 apportioned under section 104(b)(7) to the pro24 gram under section 104(b)(2) in any year for 


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1 which such State is designated as a high-per2 forming State. 

3 ‘‘(3) TRANSFER.—For each State that is 1 of 

4 the 15 lowest ranked States, as determined under 

5 subsection (g)(2), the Secretary shall transfer 10 

6 percent of the amount apportioned to the State 

7 under section 104(b)(2) in the fiscal year following 

8 the year in which the State is so ranked, not includ9 ing amounts set aside under section 133(d)(1)(A) 

10 and under section 133(h) or 505(a), to the appor11 tionment of the State under section 104(b)(7). 

12 ‘‘(4) LIMITATION.—The Secretary shall not 

13 conduct a transfer under paragraph (3)— 

14 ‘‘(A) until the first fiscal year following the 

15 effective date of greenhouse gas performance 

16 measures under section 150(c)(7); and 

17 ‘‘(B) with respect to a State in any fiscal 

18 year following the year in which such State 

19 achieves a reduction in carbon dioxide emissions 

20 per capita on public roads in such year as de21 termined by the evaluation under subsection (f). 

22 ‘‘(i) REPORT.—Not later than 2 years after the date 

23 of enactment of this section and periodically thereafter, 

24 the Secretary, in consultation with the Administrator of 


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1 the Environmental Protection Agency, shall issue a re2 port— 

3 ‘‘(1) detailing, based on the best available 

4 science, what types of projects eligible for assistance 

5 under this section are expected to provide the most 

6 significant greenhouse gas emissions reductions from 

7 the surface transportation sector; and 

8 ‘‘(2) detailing, based on the best available 

9 science, what types of projects eligible for assistance 

10 under this section are not expected to provide sig11 nificant greenhouse gas emissions reductions from 

12 the surface transportation sector.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 1 of title 23, United States Code, is amended by add15 ing at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

16 (c) APPLICABILITY.—Subsection (b)(2) of section 

17 171 of title 23, United States Code, as added by this sec18 tion, shall apply to a State beginning on the first fiscal 

19 year following the fiscal year in which the State sets green20 house gas performance targets under section 150(d) of 

21 title 23, United States Code. 

22 (d) APPORTIONMENT.—Section 104(b) of title 23, 

23 United States Code, is amended— 

24 (1) in paragraph (1) by striking ‘‘63.7 percent’’ 

25 and inserting ‘‘62.38 percent’’; 


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1 (2) in paragraph (2) by striking ‘‘29.3 percent’’ 

2 and inserting ‘‘27.98 percent’’; 

3 (3) in paragraph (3) by striking ‘‘7 percent’’ 

4 and inserting ‘‘5.69 percent’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(7) CARBON POLLUTION REDUCTION PRO7 GRAM.—For the carbon pollution reduction program, 

8 3.95 percent of the amount remaining after distrib9 uting amounts under paragraphs (4), (5), and (6).’’. 

Æ 


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