Title: To amend title 23, United States Code, to increase the Federal share payable for certain projects in environmental justice communities, and for other purposes.
Policy area: Transportation and Public Works

Summary:
This bill allows the Department of Transportation (DOT) to increase the federal share for projects under the Congestion Mitigation and Air Quality Improvement Program that primarily benefit environmental justice communities (i.e., low-income or minority communities). DOT must also evaluate whether the current apportionment method is appropriate for achieving program goals.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3734 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3734

 To amend title 23, United States Code, to increase the Federal share 
payable for certain projects in environmental justice communities, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2021

  Ms. Titus introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to increase the Federal share 
payable for certain projects in environmental justice communities, 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. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149(b) of title 23, United States Code, is amended--
            (1) in paragraph (8)(B) by striking ``; or'' and inserting 
        a semicolon;
            (2) in paragraph (9) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(10) other projects that the Secretary determines to be 
        more cost-effective in improving air quality than projects 
        described in paragraphs (1) through (9).''.

SEC. 2. FEDERAL SHARE.

    Section 120(b) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(3) Environmental justice communities.--
                    ``(A) In general.--The Secretary may increase the 
                Federal share payable on account of a project or 
                program eligible under section 149 by 10 percent, up to 
                100 percent of the total project cost of any such 
                project, if the Secretary determines that the project 
                benefits an environmental justice community through 
                reducing adverse environmental exposures that may 
                disproportionately impact such communities.
                    ``(B) Environmental justice community defined.--In 
                this paragraph, the term `environmental justice 
                community' means a community that is low-income or 
                predominately populated by racial or ethnic 
                minorities.''.

SEC. 3. FORMULA MODERNIZATION STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a congestion mitigation and air quality formula 
modernization report.
    (b) Assessment.--The report under subsection (a) shall include an 
assessment by the Secretary as to whether the current apportionment 
method under section 104(b)(4) of title 23, United States Code, results 
in a distribution of funds that best achieves the air quality goals of 
section 149 of title 23, United States Code, taking into account the 
considerations described in subsection (c).
    (c) Considerations.--To support the assessment under paragraph (3), 
the Administrator shall provide an analysis of--
            (1) the factors that contribute to the current 
        apportionment, including population, types of pollutants, and 
        severity of pollutants;
            (2) the weighting of the factors listed in paragraph (1); 
        and
            (3) the recency of the data used in making the 
        apportionment under section 104(b)(4) of title 23, United 
        States Code.
    (d) Recommendations.--If, under the assessment under subsection 
(b), the Secretary finds that modifying the current apportionment 
method under section 104(b)(4) of title 23, United States Code, would 
best achieve the air quality goals of this section, the Secretary 
shall, in consultation with the Administrator, include in the report 
under subsection (a) recommendations on a new apportionment method 
including--
            (1) the factors recommended to be included in such 
        apportionment method;
            (2) the weighting recommended to be applied to the factors 
        under subsection (c)(1); and
            (3) any other recommendations to ensure that the 
        apportionment method best achieves the air quality goals of 
        section 149 of title 23, United States Code.
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