[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3624 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3624

     To amend title 49, United States Code, to require States and 
     metropolitan planning organizations to develop transportation 
greenhouse gas reduction plans to reduce greenhouse gas emissions from 
           the transportation sector, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

  Mr. Carper introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend title 49, United States Code, to require States and 
     metropolitan planning organizations to develop transportation 
greenhouse gas reduction plans to reduce greenhouse gas emissions from 
           the transportation sector, 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. SHORT TITLE.

    This Act may be cited as the ``Clean, Low-Emission, Affordable, New 
Transportation Efficiency Act''.

SEC. 2. TRANSPORTATION ALTERNATIVES.

    (a) In General.--Subtitle III of title 49, United States Code, is 
amended by adding at the end the following:

               ``CHAPTER 63--TRANSPORTATION ALTERNATIVES

``Sec. 6301. Definitions
    ``In this chapter:
            ``(1) Administrator.--The term `Administrator' means 
        Administrator of the Environmental Protection Agency.
            ``(2) Charrette.--The term `charrette' means a open, 
        collaborative design session held over the course of 2 or more 
        days--
                    ``(A) that includes participation by stakeholders 
                and the public;
                    ``(B) that involves a collaborative process with a 
                series of short feedback loops; and
                    ``(C) the purpose of which is to produce 2 or more 
                feasible Plans.
            ``(3) Fund.--The term `Fund' means the Low Greenhouse Gas 
        Transportation Fund established by section 6302(a)(1).
            ``(4) Intercity passenger rail service.--
                    ``(A) In general.--The term `intercity passenger 
                rail service' has the meaning given the term `intercity 
                rail passenger transportation' in section 24102.
                    ``(B) Inclusion.--The term `intercity passenger 
                rail service' includes high-speed rail service.
            ``(5) MPO.--The term `MPO' means a metropolitan planning 
        organization designated under section 134(b) of title 23 that, 
        as of the most recent decennial census, represents more than 
        200,000 individuals.
            ``(6) Plan.--The term `Plan' means a transportation 
        greenhouse gas reduction plan covering a period of at least 10 
        years developed under section 6304(a).
            ``(7) Scenario analysis.--The term `scenario analysis' 
        means an analysis that is conducted by identifying different 
        trends and making projections based on those trends to develop 
        a range of scenarios and estimates of how each scenario could 
        improve mobility and affect rates of--
                    ``(A) vehicle miles traveled;
                    ``(B) use of petroleum-derived transportation fuel; 
                and
                    ``(C) greenhouse gas emissions from the 
                transportation sector.
            ``(8) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia; and
                    ``(C) the Commonwealth of Puerto Rico.
``Sec. 6302. Fund
    ``(a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the `Low Greenhouse Gas 
Transportation Fund', consisting of such amounts as are deposited in 
the Fund under section 6303(c).
    ``(b) Expenditures From Fund.--
            ``(1) In general.--Subject to section 6303(c), on request 
        by the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as the Secretary 
        determines are necessary to provide assistance for use in 
        implementing projects under Plans developed under section 
        6308(b).
            ``(2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    ``(c) Transfers of Amounts.--
            ``(1) In general.--The amounts required to be transferred 
        to the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            ``(2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
``Sec. 6303. Auctioning
    ``(a) In General.--For each of calendar years 2012 through 2050, 
the Administrator shall auction 10 percent of the emission allowances 
established for each of those calendar years under any program in 
effect providing for the regulation of greenhouse gas emissions and the 
auctioning of emission allowances that is administered by the 
Administrator.
    ``(b) Timing.--The auctions required for each calendar year 
specified in paragraph (1) shall be conducted over the course of at 
least 4 sessions, spaced evenly over a period beginning 330 days 
before, and ending 60 days after, the beginning of each such calendar 
year.
    ``(c) Deposit of Proceeds.--The Administrator shall deposit in the 
Fund the proceeds from each auction conducted under this section.
``Sec. 6304. Plans
    ``(a) Goal.--Each State and MPO shall establish the goal of 
reducing greenhouse gas emissions from the transportation sector during 
the 10 years following the date of enactment of this chapter through--
            ``(1) the increase in mobility options;
            ``(2) the reduction of vehicle miles traveled; and
            ``(3) the use of petroleum-derived transportation fuel.
    ``(b) Development of Plans.--Each State and MPO shall develop a 
transportation greenhouse gas reduction plan, and a prioritized list of 
projects the support the plan, that are integrated into the long-range 
transportation and transportation improvement plans of the State or MPO 
to work toward achieving the goal established by the State or MPO under 
subsection (a) through investment in--
            ``(1) new transit projects eligible for assistance under 
        chapter 53 (or the expansion of operations or frequency of 
        existing transit service);
            ``(2) an intercity passenger rail project for--
                    ``(A)(i) the acquisition, construction, 
                improvement, or inspection of equipment, track and 
                track structures, or a facility for use in or for the 
                primary benefit of intercity passenger rail service;
                    ``(ii) expenses incidental to that acquisition or 
                construction (including expenses for designing, 
                engineering, location surveying, mapping, environmental 
                studies, and acquisition of rights-of-way);
                    ``(iii) payments for the capital portions of rail 
                trackage rights agreements;
                    ``(iv) highway-rail grade crossing improvements 
                relating to intercity passenger rail service;
                    ``(v) security;
                    ``(vi) mitigation of environmental impacts;
                    ``(vii) communication and signalization 
                improvements;
                    ``(viii) relocation assistance;
                    ``(ix) acquisition of replacement housing sites; 
                and
                    ``(x) acquisition, construction, relocation, and 
                rehabilitation of replacement housing;
                    ``(B) rehabilitating, remanufacturing, or 
                overhauling rail rolling stock and facilities used 
                primarily in intercity passenger rail service; and
                    ``(C) costs associated with developing State rail 
                plans;
            ``(3) sidewalks, crosswalks, bicycle paths, greenways, 
        pedestrian signals, pavement marking, traffic calming 
        techniques, modification of public sidewalks (including 
        projects to achieve compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and other 
        strategies to encourage pedestrian and bike travel;
            ``(4) additional freight rail capacity, particularly if the 
        capacity--
                    ``(A) relieves a freight bottleneck designated by 
                the Secretary as causing poor on-time performance for 
                intercity rail passenger trains; or
                    ``(B) expands intercity or commuter rail capacity;
            ``(5) carpool, vanpool, or car-share projects;
            ``(6) updates to zoning and other land use regulations and 
        plans--
                    ``(A) to coordinate with local, regional, and State 
                plans; or
                    ``(B) to support infill, transit-oriented 
                development, or mixed-use development;
            ``(7) improvements in--
                    ``(A) travel and land-use data collection; and
                    ``(B) travel models to better measure greenhouse 
                gas emissions and emission reductions; or
            ``(8) the transportation control measures described in 
        clauses (i) through (xv) of section 108(f)(1)(A), or section 
        211, of the Clean Air Act (42 U.S.C. 7408(f)(1)(A), 7545).
    ``(c) Submission and Updating.--Each Plan shall be--
            ``(1) submitted to the Secretary not later than 2 years 
        after the date of enactment of this chapter; and
            ``(2) updated every 4 years thereafter, including with 
        analysis regarding achievement of the goals of the Plan.
    ``(d) Certification.--
            ``(1) In general.--Subject to section 6306(b), not later 
        than 180 days after the date of submission of a Plan under 
        subsection (c)(1), the Secretary, in consultation with the 
        Administrator, shall determine and certify whether--
                    ``(A) the Plan is likely to achieve the goal 
                established by the State or MPO, as the case may be, 
                under subsection (a); and
                    ``(B) the development of the plan has complied with 
                subsection (e).
            ``(2) Previously developed plans.--If a State or MPO 
        develops a plan to reduce greenhouse gas emissions from the 
        transportation sector before the date of enactment of this 
        chapter, the State or MPO shall not be eligible to receive a 
        distribution of funds under section 6308 unless the Secretary, 
        in consultation with the Administrator, first determines and 
        certifies that the plan meets the requirements of this chapter.
    ``(e) Public Involvement, Coordination, and Consultation.--Each 
Plan shall be developed--
            ``(1) using transportation and economic development 
        scenario analysis and strong public and stakeholder 
        involvement, including--
                    ``(A) public comment periods;
                    ``(B) scenario planning;
                    ``(C) the most recent models; and
                    ``(D) public charrettes;
            ``(2) with strong regional coordination, including between 
        each MPO and the State in which the MPO is located and with 
        other MPOs located within that State; and
            ``(3) in consultation with State and local housing, 
        economic development, land use, environmental, and 
        transportation agencies.
    ``(f) Incorporation of MPO Plans.--Each State shall incorporate, 
without modification, into the Plan of the State the final Plans of 
MPOs located within the State.
``Sec. 6305. Study
    ``To maximize greenhouse gas emission reductions from the 
transportation sector, the Secretary and the Administrator shall enter 
into an arrangement with the Transportation Research Board of the 
National Academy of Sciences under which that Board shall submit to the 
Administrator and the Secretary, not later than 1 year after the date 
of enactment of this chapter, a report containing recommendations--
            ``(1) for use in improving research and tools to assess the 
        effect of transportation plans and land use plans on motor 
        vehicle use rates and transportation sector greenhouse gas 
        emissions;
            ``(2) for use in improving Federal Government data sources 
        that are necessary to assess greenhouse gas emission data from 
        the transportation sector for use in developing Plans; and
            ``(3) regarding policies to effectively reduce greenhouse 
        gas emissions from the transportation sector.
``Sec. 6306. Technical standards
    ``(a) In General.--Not later than 2 years after the date of 
enactment of this chapter, based on any recommendations contained in 
the reports submitted under paragraphs (1) and (2) of section 6305, and 
every 5 years thereafter, the Secretary, in consultation with the 
Administrator, shall establish or update, as appropriate, standards for 
transportation data collection, monitoring, planning, and modeling.
    ``(b) Effect on Certification.--The Secretary shall not certify any 
Plan under section 6304(d) until such time as standards for 
transportation data collection, monitoring, planning, and modeling are 
established under subsection (a).
``Sec. 6307. Report
    ``Not later than 5 years after the date of enactment of this 
chapter, and every 5 years thereafter, the Administrator shall submit 
to the committees of the Senate and the House of Representatives having 
jurisdiction over transportation and climate change a report that 
describes--
            ``(1) the aggregate reduction in greenhouse gas emissions 
        from the transportation sector expected as a result of the 
        development and implementation of the Plans;
            ``(2) the impact of other Federal policies and programs on 
        this chapter;
            ``(3) changes to Federal law that could improve the 
        performance of the Plans; and
            ``(4) regulatory changes planned to improve the performance 
        of the Plans.
``Sec. 6308. Funding
    ``(a) Development and Updating of Plans.--The Secretary shall use 5 
percent of the funds deposited in the Fund for each fiscal year to 
support the development and updating of Plans under section 6304.
    ``(b) Implementation of Plans.--
            ``(1) In general.--The Secretary shall use 10 percent of 
        the funds deposited in the Fund for each fiscal year--
                    ``(A) to support the implementation of Plans; and
                    ``(B) to fund the projects described in Plans as 
                being necessary to meet the goals established by the 
                States or MPOs submitting the Plans.
            ``(2) Formula.--The Secretary, in coordination with the 
        Administrator, shall establish and regularly update a formula 
        for the distribution of funds in accordance with paragraph (1) 
        that--
                    ``(A) reflects the expected per capita reduction in 
                greenhouse gas emissions expected as a result of 
                implementation of each Plan certified under section 
                6304(d);
                    ``(B) ensures that at least 50 percent of the funds 
                are used to implement Plans certified under section 
                6304(d) that are developed by MPOs;
                    ``(C) emphasizes Plans that increase transportation 
                options and mobility, particularly for low-income 
                individuals, minorities, the elderly, zero-car 
                households, and the disabled; and
                    ``(D) during the first 5 years after the date of 
                enactment of this chapter, takes into consideration 
                reductions in greenhouse gas emissions achieved by 
                States and MPOs under Plans certified under section 
                6304(d).
            ``(3) Cost-sharing.--The Federal share of a project 
        described in paragraph (1)(B) that is carried out using funds 
        made available under this section shall be 80 percent.''.
    (b) Conforming Amendment.--The analysis for subtitle III of title 
49, United States Code, is amended by inserting after the item relating 
to chapter 61 the following:

               ``CHAPTER 63--Transportation Alternatives

``Sec.
``6301. Definitions.
``6302. Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Study.
``6306. Technical standards.
``6307. Report.
``6308. Funding.''.
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