I 113th CONGRESS 2d Session H. R. 5591 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Fudge introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To enhance transportation programs in order to connect people to jobs, schools, and other essential services through a multimodal transportation network, and for other purposes.

1. Short title This Act may be cited as the Transportation Connections to Opportunity Act of 2014 . 2. Public involvement in plan development (a) Section 134 amendment Section 134(i) of title 23, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios. ; and (2) in paragraph (6)(A), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (b) Section 135 amendment Section 135(f)(3)(A)(ii) of title 23, United States Code, is amended by striking comment on the transportation plan ; and inserting provide input during the development of the transportation plan . (c) Section 5303 amendment Section 5303(i) of title 49, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of different scenarios. ; and (2) in paragraph (6), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (d) Section 5304 amendment Section 5304(f)(3)(A)(ii) of title 49, United States Code, is amended by striking comment on the proposed plan ; and inserting provide input during the development of the transportation plan . 3. Connection to opportunity national goal and potential performance measure (a) Transportation connections to opportunity Section 150(b) of title 23, United States Code, is amended— (1) in paragraph (2), by striking highway infrastructure asset system and inserting infrastructure asset system under this title ; and (2) by adding at the end the following: (8) Multimodal connectivity To achieve an interconnected transportation system which connects people to jobs, schools, and other essential services through a multimodal network. . (b) Establishment of performance measures Section 150(c) of title 23, United States Code, is amended— (1) in paragraph (1), by inserting as listed in paragraphs (3), (4), (5), and (6) before the period; and (2) by adding the following at the end: (7) Multimodal freight The Secretary may, in accordance with the national freight strategic plan under section 167, establish performance measures to assess the efficiency of the multimodal freight network. (8) Transportation connectivity The Secretary may, in accordance with the framework established in section 134, establish a performance measure to be used by metropolitan planning organizations to assess the degree to which the transportation system provides multimodal connections to opportunity, particularly for transportation-disadvantaged populations. . 4. Measuring transportation connectivity pilot activities (a) Title 23 Section 134 of title 23, United States Code, is further amended by inserting at the end, the following: (r) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in which not more than 10 metropolitan planning organizations shall develop and deploy 1 or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select not more than 10 metropolitan planning organizations in not more than 10 locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1,000,000 residents, which shall include— (i) metropolitan planning organizations that have demonstrated previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Not later than 6 months after selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations, the selected metropolitan planning organization shall develop an inventory of transportation assets within such organization’s metropolitan planning area which describes— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to opportunity; (III) the identity and location of transportation-disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to opportunity. (ii) Performance measures Not later than 1 year after selection as a pilot location, a metropolitan planning organization in such pilot location shall apply the baseline data it developed in clause (i) to adopt 1 or more provisional measures to assess multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to transportation-disadvantaged populations identified in clause (i)(III) and appropriate to local assets and needs. (iii) Data collection and reporting A metropolitan planning organization selected as a pilot location shall collect baseline and annual performance data on multimodal transportation connectivity to opportunity and report these data to the Secretary throughout the duration of the pilot project. (iv) Knowledge-sharing A metropolitan planning organization designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance. (v) Project implementation (I) Notwithstanding section 120, a metropolitan planning organization may use funds remaining after the completion of the transportation connectivity inventory, development of provisional measures, and related tracking activities to pay the non-Federal share to implement projects within the metropolitan planning area described in subclause (II). (II) The projects referred to in subclause (I) are projects that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve not more than $9,000,000 of the amount authorized for this subsection for the 4-year period beginning in fiscal year 2015 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunity provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and metropolitan planning organizations to discuss pilot program findings, and establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the pilot program, the Secretary shall issue a final report in consultation with the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Commerce and the Administrator of the Environmental Protection Agency, and after seeking public comment. The report shall document the outcomes of the pilot program and make recommendations on the establishment of 1 or more national multimodal connectivity measures, and shall include— (i) the results of the efforts of the pilot program to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for 1 or more national connectivity measures and integrating them into the Federal transportation performance management framework, in accordance with section 150; and (iii) an assessment of social outcomes and impacts that may result from the pilot measures as well as estimated savings to Federal, State, and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking After publication of the final report under subparagraph (B), the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, may issue a rulemaking that establishes performance measures and standards as described in section 150(c)(8). (3) Definitions For purposes of this subsection— (A) the term opportunity means jobs, schools, and health care services; and (B) the term transportation-disadvantaged means an individual who faces challenges in securing or accessing transportation due to age, disability, or income constraints, including lack of access to transportation or a private vehicle. . (b) Title 49 Section 5303 of title 49, United States Code, is amended by inserting at the end, the following: (r) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in not more than 10 metropolitan planning organizations shall develop and deploy 1 or more pilot measures and targets to improve multimodal connectivity and increase connections for transportation-disadvantaged and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select not more than 10 metropolitan planning organizations in not more than 10 locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1,000,000 residents, which shall include— (i) metropolitan planning organizations that have demonstrated previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Not later than 6 months after selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations, the selected metropolitan planning organization shall develop an inventory of transportation assets within such organization’s metropolitan planning area which describes— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to opportunity; (III) the identity and location of transportation-disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to opportunity. (ii) Performance measures Not later than 1 year after selection as a pilot location, a metropolitan planning organization in such pilot location shall apply the baseline data it developed in clause (i) to adopt 1 or more provisional measures to assess multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to transportation-disadvantaged populations identified in clause (i)(III) and appropriate to local assets and needs. (iii) Data collection and reporting A metropolitan planning organization selected as a pilot location shall collect baseline and annual performance data on multimodal transportation connectivity to opportunity and report these data to the Secretary throughout the duration of the pilot project. (iv) Knowledge-sharing A metropolitan planning organization designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance. (v) Project implementation (I) Notwithstanding section 120, a metropolitan planning organization may use funds remaining after the completion of the transportation connectivity inventory, development of provisional measures, and related tracking activities to pay the non-Federal share to implement projects within the metropolitan planning area described in subclause (II). (II) The projects referred to in subclause (I) are projects that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve not more than $9,000,000 of the amount authorized for this subsection for the 4-year period beginning in fiscal year 2015 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunity provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and metropolitan planning organizations to discuss pilot program findings, and establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the pilot program under this subsection, the Secretary shall issue a final report in consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, and after seeking public comment. The report shall document the outcomes of the pilot program and make recommendations on the establishment of 1 or more national multimodal connectivity measures, and shall include— (i) the results of the efforts of the pilot locations to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for 1 or more national connectivity measures and integrating them into the Federal transportation performance management framework in accordance with section 150; and (iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State, and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking Not later than 2 years after the publication of the final report under subparagraph (B), the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, may issue a rulemaking that establishes performance measures and standards. (3) Definitions For purposes of this subsection— (A) the term opportunity means jobs, schools, and health care services; and (B) the term transportation-disadvantaged means an individual who faces challenges in securing or accessing transportation due to age, disability, or income constraints, including lack of access to transportation or a private vehicle. . 5. Performance management data support program (a) Performance management data support program Section 150 of title 23, United States Code, is amended by inserting at the end the following: (f) Performance management data support To assist metropolitan planning organizations, States, and the Department in carrying out performance management analyses, including the performance management requirements of this chapter, the Secretary shall create and maintain data sets and data analysis tools. Such sets and tools may include— (1) collecting and distributing vehicle probe data describing traffic on the National Highway System; (2) collecting data regarding household travel behavior in crossing local jurisdictional boundaries; (3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data; (4) enhancing existing data analysis tools to improve performance predictions in reports described in subsection (e) of this section or section 5405 of title 49; and (5) developing tools to improve performance analysis and evaluate the effects of project investments on performance. . (b) Federal share Section 120 of such title is amended by adding at the end the following: (l) Performance management data support program The Federal share payable for an activity developed under the performance management data support program under section 150(f) shall be 100 percent of the cost of the activity. . 6. Multimodal accommodations (a) Design standards Section 109 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking may take into account and inserting shall take into account ; and (ii) by striking paragraph (1)(C) and inserting the following: (C) access and safety for users of all foreseeable modes of transportation. ; and (B) in paragraph (2), by striking may develop and inserting shall develop ; and (2) in subsection (m), by— (A) striking and light motorcycles ; and (B) inserting , safe, convenient, and continuous before alternate route . (b) Transportation alternatives (1) Federal share Section 120 of title 23, United States Code, is amended by adding at the end the following: (m) Transportation alternatives program The Federal share requirements under this section applicable to the transportation alternatives program under section 213 may be met based on— (1) an individual project or activity under that section; or (2) a program of projects or activities approved under subsection (c)(6)(B) of that section. . (2) Reservation of funds Section 213 of such title is amended in subsection (a)(1) by striking of fiscal years 2013 and 2014 and inserting fiscal year . (3) Eligible entities Section 213(c)(4)(B) of such title is amended by— (A) redesignating clauses (vi) and (vii) as clauses (viii) and (ix); and (B) inserting after clause (v) the following: (vi) a nonprofit organization; (vii) a metropolitan planning organization (except in the case of a competitive process carried out by such metropolitan planning organization under subparagraph (A)); . (4) Program of projects Section 213(c) of such title is further amended by adding at the end the following: (6) Program of projects Funds may be obligated under this section for— (A) a project or activity eligible under subsection (b); or (B) a program of projects or activities eligible under that subsection. (7) Administration (A) Submission of project agreement For each fiscal year, each State shall submit a project agreement that— (i) certifies that the State will meet all the requirements of this section; and (ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section. (B) Request for adjustments of amounts Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. (C) Effect of approval by the secretary Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay funds made available under this title. . 7. Establishment of a Broadband Infrastructure Initiative (a) In General The Secretary shall carry out a broadband infrastructure initiative to expand right-of-way use to accommodate broadband infrastructure and improve broadband access in unserved and underserved areas. (b) Requirements The Secretary shall require each State to meet the following requirements: (1) State Broadband Infrastructure Needs Each State department of transportation shall— (A) identify the broadband infrastructure needs of the State in coordination with other State and local agencies and the Federal Responder Network Authority established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1424 ); (B) designate a broadband utility coordinator to incorporate such needs into future Federal-aid highway projects as described in paragraph (2); (C) provide an online system for any broadband infrastructure entity to register for inclusion in efforts to address such needs as described in such paragraph; and (D) include broadband infrastructure entities in transportation plans and programs described in sections 134 and 135 of title 23, United States Code. (2) Broadband Infrastructure Coordination Plan Each State department of transportation shall— (A) implement a plan based on the needs described in paragraph (1)(A) to promote the installation of broadband infrastructure in rights-of-way; (B) target such installation in unserved and underserved areas; (C) minimize repeated excavations in rights-of-way through coordination described in paragraph (1)(B); and (D) coordinate, to the extent practicable, such deployment with other telecommunications and local land use and transportation plans. (3) Right-of-Way Access Notwithstanding any other provision of law— (A) Each State department of transportation shall— (i) consider new technology and construction practices to promote the safe and efficient accommodation of broadband infrastructure in rights-of-way; (ii) permit the broadband utility coordinator to authorize any broadband infrastructure entity to install broadband infrastructure in rights-of-way; and (iii) ensure that authorized broadband infrastructure entities have access to rights-of-way without charge for installation, operation, and maintenance of broadband infrastructure; and (B) each State department of transportation may— (i) restrict such access in the interest of safety; and (ii) designate any longitudinal area to accommodate broadband infrastructure. (c) State Flexibility A State meeting the requirements under subsection (b) may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an unserved or underserved area, and the broadband infrastructure may be used to support nontransportation purposes in addition to transportation purposes. (d) Definitions For purposes of this section: (1) The term broadband infrastructure means buried or aerial facilities that provide wired or wireless connections to enable users to send and receive data. (2) The term broadband infrastructure entity means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public. (3) The term broadband utility coordinator means an individual responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects. (4) The term Federal-aid highway has the same meaning given such term in section 101(a)(6) of title 23, United States Code. (5) The term longitudinal area means the area along the length of a highway. (6) The term project has the same meaning given that term in section 101(a)(18) of title 23, United States Code. (7) The terms right-of-way and rights-of-way mean real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway. (8) The term State means any of the States, the District of Columbia, or the Commonwealth of Puerto Rico, that receive funds under title 23, United States Code. (9) The term underserved area means an area in which— (A) 50 percent or less of households have access to the minimum broadband speed; (B) no provider offers service speeds of at least 3 Mbps; or (C) 40 percent or less of the households choose to subscribe to a broadband service. (10) The term unserved area means an area that does not have access to broadband services at speeds of at least 768 Kbps download/200 Kbps upload.