113 HR 1544 IH: National High Performance Passenger Rail Transportation-Oriented Development Act of 2013 U.S. House of Representatives 2013-04-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1544 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Petri (for himself and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To promote transportation-oriented development and encourage dedicated revenue sources for urban and regional rail corridor development.

1.

Short title

This Act may be cited as the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013.

2.

Transportation-oriented development initiative

(a)

Establishment

The Secretary of Transportation (in this Act referred to as the Secretary) shall establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. (b)

Implementation

Not later than 180 days after the date of enactment of this Act, the Secretary shall obtain the services of qualified independent private sector entity with experience in transportation-oriented development to serve as a liaison between the Federal Government, State and local authorities, private sector participants, and appropriate other stakeholders in the initiative. Such entity shall— (1)serve as a development planning advisor, by advancing and recommending methodologies to use in the overall implementation of the initiative; (2)provide recommendations as requested by the Secretary, which shall include recommendations on— (A)liaison between the Federal Government, and State, local, or regional applicants for incentives under the initiative; (B)mechanisms for coordination among all stakeholders, including State, local, and regional authorities; (C)types of projects that should receive incentives under the initiative; and (D)mechanisms for providing technical assistance and types of technical assistance that should be provided; and (3)conduct a preliminary transportation-oriented development survey on the Northeast Corridor or other local station areas or regional corridors. (c)

Coordination

The Secretary shall harmonize planning requirements and direct coordination and administration of the initiative between the Federal Railroad Administration and the Federal Transit Administration.

3.

Federal incentives

(a)

Qualified projects

(1)

Criteria

The Secretary shall establish criteria for the designation of projects qualified for Federal incentives pursuant to this section and the amendments made by this section. (2)

Types of projects that may qualify

Projects that may qualify for Federal incentives pursuant to this section and the amendments made by this section are commercial development or other projects that— (A)contribute to the generation of revenue by the capture of increasing value from development around station areas, through the establishment of special assessment districts, increasing the tax base, promoting job growth, promoting cost effectiveness, facilitating intermodal connectivity, combining congestion relief with station development, stimulating economic development, or any other appropriate means; (B)are likely to make long-term contributions to rail corridor development funds or similar mechanisms that help finance intercity and urban passenger rail infrastructure or operating expenses; and (C)provide for a quantifiable revenue stream to the relevant station or rail operation. (3)

Applicant coordinating authority

An applicant for Federal incentives pursuant to this section and the amendments made by this section shall be a State, local, or regional authority. Such authority shall provide for coordination among stakeholders, local governments, and private developers in the defined region, and shall be the lead party in the application. (4)

Projects authorized

Except as provided in subsection (b), projects are not authorized to receive Federal incentives pursuant to this section and the amendments made by this section until the date that is 1 year after the report required under subsection (c) is transmitted to Congress. (b)

Pilot projects

The Secretary may designate up to 4 pilot projects as qualified for Federal incentives pursuant to this section and the amendments made by this section before the date specified in subsection (a)(4). (c)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with each State, local, or regional authority coordinating a pilot project under subsection (b), shall transmit to Congress a report assessing the success or failure of each such pilot project and making any appropriate recommendations for modifications to the initiative under this Act. (d)

Railroad rehabilitation improvement financing

Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended— (1)in subsection (a)— (A)by striking and at the end of paragraph (5); (B)by striking the period at the end of paragraph (6) and inserting ; and; and (C)by adding at the end the following new paragraph: (7)persons conducting a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). ; and (2)in subsection (b)(1)— (A)by striking or at the end of subparagraph (B); (B)by striking the period at the end of subparagraph (C) and inserting ; or; and (C)by adding at the end the following new subparagraph: (D)conduct a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). . (e)

Transportation infrastructure finance

Section 601(a)(12) of title 23, United States Code, is amended— (1)by striking and at the end of subparagraph (C); (2)by striking the period at the end of subparagraph (D) and inserting ; and; and (3)by adding at the end the following new subparagraph: (E)a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). . (f)

Application priority

In general, Federal applications to the Federal Railroad Administration and Federal Transit Administration for railroad projects that participate in the transportation-oriented development initiative under this Act shall receive a priority for funding in the application decision process. (g)

Revenue neutral program cost

The Secretary shall establish and apply to recipients of Federal incentives pursuant to this section and the amendments made by this section a fee in an amount sufficient to cover the administrative costs of carrying out this Act, including section 2(b).

4.

Technical assistance

(a)

National technical assistance

The Secretary shall provide technical assistance to applicants and potential applicants for Federal incentives pursuant to this Act and the amendments made by this Act with respect to— (1)identification of transportation-oriented development opportunities; (2)establishment of special assessment districts in regions; (3)establishment of rail corridor development funds; and (4)expediting Federal, State, and local regulatory approvals. (b)

States, localities, and regions outside the northeast corridor

The Secretary shall provide technical assistance to the States, localities, and regions outside the Northeast Corridor as identified by the Secretary, including— (1)technical assistance on the establishment of regional authorities appropriate to carrying out the purposes of this Act at the regional level; and (2)technical assistance at the request of a State, local, or regional entity to identify stations and potential stations within a region and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the development of a high performance intercity or urban rail passenger corridor. (c)

Northeast corridor

The Secretary shall provide technical assistance to the States and local or regional entities along the Northeast Corridor, including— (1)technical assistance on the establishment, by the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 of title 49, United States Code, of a Northeast Corridor Transportation-Oriented Development Working Group, which shall— (A)include outside members with expertise in transportation-oriented development; (B)be supported by the independent private sector entity retained by the Secretary under section 2(b); (C)be chaired by a designee appointed by the Secretary who is an expert with private sector transportation oriented development experience; and (D)advise the Secretary and the Northeast Corridor Infrastructure and Operations Advisory Commission on the ways and means for carrying out the purposes of this Act at the regional level; and (2)not more than 1 year after the date of enactment of this Act, technical assistance to identify Northeast Corridor stations and potential stations and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the creation of a true high-speed rail corridor in the Northeast Corridor.