Title: A bill to amend title 49, United States Code, to modify the threshold for small start projects under the fixed guideway capital investment grant program, to allow certain environmental review expenditures to count for purposes of non-Federal matches, and for other purposes.
Policy area: Transportation and Public Works

Summary:
This bill modifies grants available through the Department of Transportation (DOT) that support the development, expansion, and improvement of fixed guideway transportation systems (e.g., light rail and bus rapid transit).
The modifications include (1) counting the costs of complying with federal environmental laws towards grant requirements for nonfederal matching contributions, and (2) requiring DOT to maintain a dashboard to track the status of, and other information about, grant applications and projects.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2308 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2308

  To amend title 49, United States Code, to modify the threshold for 
small start projects under the fixed guideway capital investment grant 
 program, to allow certain environmental review expenditures to count 
      for purposes of non-Federal matches, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2021

Mr. Warnock (for himself and Mr. Bennet) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to modify the threshold for 
small start projects under the fixed guideway capital investment grant 
 program, to allow certain environmental review expenditures to count 
      for purposes of non-Federal matches, 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. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (2) through (7) as 
                paragraphs (3) through (8), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Commuter or destination-based bus rapid transit 
        project.--The term `commuter or destination-based bus rapid 
        transit project' means a small start project utilizing buses--
                    ``(A) in which the project represents a substantial 
                investment in a defined corridor, as demonstrated by 
                features that emulate the services provided by commuter 
                rail or other rail fixed guideway public transportation 
                systems, including--
                            ``(i) defined stations;
                            ``(ii) traffic signal or access to managed 
                        lanes for public transportation vehicles;
                            ``(iii) short headway services for a 
                        substantial part of weekdays; and
                            ``(iv) any other features the Secretary may 
                        determine support a long-term corridor 
                        investment; and
                    ``(B) in which--
                            ``(i) the majority of the project does not 
                        operate in a separated right-of-way dedicated 
                        for public transportation use during peak 
                        periods; and
                            ``(ii) a substantial portion of the project 
                        operates in a highway right-of-way.''; and
                    (C) in paragraph (8) (as so redesignated)--
                            (i) in subparagraph (A), by striking 
                        ``$100,000,000'' and inserting 
                        ``$320,000,000''; and
                            (ii) in subparagraph (B), by striking 
                        ``$300,000,000'' and inserting 
                        ``$400,000,000'';
            (2) in subsection (h), by adding at the end the following:
            ``(8) Commuter or destination-based bus rapid transit 
        project ratings.--In issuing policy guidance under subsection 
        (g)(5), the Secretary may establish alternative evaluation 
        criteria for commuter or destination-based bus rapid transit 
        projects for--
                    ``(A) economic development effects associated with 
                those projects; or
                    ``(B) policies and land use patterns that support 
                public transportation.'';
            (3) in subsection (k)(2), by striking subparagraphs (E) and 
        (F);
            (4) in subsection (l), by adding at the end the following:
            ``(9) Environmental review expenditures.--Notwithstanding 
        any other provision of law, with respect to a project that 
        receives a grant under this section, an expenditure made to 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) before the project enters project 
        development may be considered as an expenditure that helps meet 
        the non-Federal financial commitment required for that project 
        under this section.''; and
            (5) in subsection (o)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
                    (C) by adding at the end the following:
            ``(3) Program dashboard.--
                    ``(A) Establishment.--The Secretary shall establish 
                and maintain on a publicly available website a fixed 
                guideway capital investment grant program dashboard.
                    ``(B) Requirements.--The dashboard established 
                under subparagraph (A) shall contain--
                            ``(i) the amount of funding appropriated to 
                        the program under this section for each fiscal 
                        year for each program component, including 
                        funding for core capacity improvement projects, 
                        small start projects, and new fixed guideway 
                        capital projects, if specific amounts are 
                        appropriated for each program component;
                            ``(ii) the amount of funding allocated from 
                        the program under this section for each fiscal 
                        year to each program component, including core 
                        capacity improvement projects, small start 
                        projects, and new fixed guideway capital 
                        projects; and
                            ``(iii) the amount of funding obligated 
                        from the program under this section to each 
                        program component, including core capacity 
                        improvement projects, small start projects, and 
                        new fixed guideway capital projects.
                    ``(C) Project tracker.--The dashboard established 
                under subparagraph (A) shall, to the extent 
                practicable, include a comprehensive tracker of the 
                status of each project for which funding under this 
                section is sought for the duration during which the 
                project participates in the program under this section, 
                which shall include--
                            ``(i) the status of the project in the 
                        approval process, including--
                                    ``(I) the date on which the project 
                                entered into each phase of the approval 
                                process, including, as applicable, the 
                                date on which project development, 
                                engineering, and construction begins 
                                and the date on which a grant agreement 
                                is executed; and
                                    ``(II) the status of a request for 
                                approval of entry into each phase of 
                                the approval process, including--
                                            ``(aa) whether the Federal 
                                        Transit Administration, the 
                                        Office of the Secretary, the 
                                        Office of Management and 
                                        Budget, or another Federal 
                                        agency is reviewing the request 
                                        for approval;
                                            ``(bb) the date on which 
                                        the project sponsor requested 
                                        approval for entry into a new 
                                        phase; and
                                            ``(cc) whether the Federal 
                                        Transit Administration, the 
                                        Office of the Secretary, the 
                                        Office of Management and 
                                        Budget, or any other Federal 
                                        agency, as applicable, has 
                                        completed the review of the 
                                        request for approval;
                            ``(ii) the status of the environmental 
                        review process for the project through a link 
                        to the relevant information with respect to the 
                        project on the Permitting Dashboard required 
                        under section 41003(b) of the FAST Act (42 
                        U.S.C. 4370m-2(b));
                            ``(iii) the status of each project for 
                        which an early systems work agreement is 
                        requested, including--
                                    ``(I) whether the Federal Transit 
                                Administration, the Office of the 
                                Secretary, or the Office of Management 
                                and Budget is reviewing the request for 
                                the early systems work agreement;
                                    ``(II) the status of the review 
                                under that office; and
                                    ``(III) the date on which--
                                            ``(aa) the request was 
                                        received;
                                            ``(bb) the request was 
                                        approved or denied; and
                                            ``(cc) if the request was 
                                        approved, the early systems 
                                        work agreement was issued;
                            ``(iv) based on information from the 
                        project sponsor, the locally proposed financial 
                        plan for the project, which shall include the 
                        estimated breakdown of--
                                    ``(I) Federal funds anticipated 
                                from sources other than the funding 
                                provided under this section; and
                                    ``(II) State and local funds; and
                            ``(v) based on information provided by the 
                        project sponsor, the status of the project 
                        sponsor in securing the required non-Federal 
                        cost share.''.
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