[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1780 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1780
To amend the Clean Air Act to achieve greenhouse gas emissions
reductions through transportation efficiency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2009
Ms. Matsui introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to achieve greenhouse gas emissions
reductions through transportation efficiency.
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 ``Smart Planning for Smart Growth Act
of 2009''.
SEC. 2. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
Title I of the Clean Air Act is amended by inserting after section
179B (42 U.S.C. 7509a) the following:
``SEC. 179C. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
``(a) In General.--Each State shall--
``(1) not later than 3 years after the date of the
enactment of this section, submit to the Administrator goals
for transportation-related greenhouse gas emissions reductions;
and
``(2) as part of each transportation plan or transportation
improvement plan developed under title 23 or title 49, United
States Code, ensure that a plan to achieve such goals, or an
updated version of such a plan, is submitted to the
Administrator and to the Secretary of Transportation (in this
section referred to as the `Secretary') by each metropolitan
planning organization in the State for an area with a
population exceeding 200,000.
``(b) Models and Methodologies.--
``(1) In general.--The Administrator shall promulgate
regulations to establish standardized models and methodologies
for use in developing goals, plans, and strategies under this
section. Such regulations may approve or improve existing
models and methodologies.
``(2) Timing.--The Administrator shall--
``(A) publish proposed regulations under paragraph
(1) not later than 1 year after the date of the
enactment of this section; and
``(B) promulgate final regulations under paragraph
(1) not later than 2 years after such date of
enactment.
``(c) Greenhouse Gas Reduction Goals.--
``(1) Consultation.--Each State shall develop the goals
referred to in subsection (a)(1)--
``(A) in concurrence with State agencies
responsible for air quality and transportation;
``(B) in consultation with each metropolitan
planning organization for an area in the State with a
population exceeding 200,000 and applicable local air
quality and transportation agencies; and
``(C) with public involvement, including public
comment periods and meetings.
``(2) Period.--The goals referred to in subsection (a)(1)
shall be for 10- and 20-year periods.
``(3) Targets; designated year.--The goals referred to in
subsection (a)(1) shall establish targets to reduce mobile
source greenhouse gas emissions in the covered area from levels
projected under a business-as-usual scenario. The targets shall
be designed to ensure that the levels of such emissions
stabilize and decrease after a designated year. The State shall
consider designating 2010 as such designated year.
``(4) Covered area.--The goals referred to in subsection
(a)(1) shall be established--
``(A) on a statewide basis; and
``(B) for each metropolitan planning organization
in the State for an area with a population exceeding
200,000.
``(5) Revised goals.--Every 4 years, each State shall
update and revise, as appropriate, the goals referred to in
subsection (a)(1).
``(d) Planning.--A plan referred to in subsection (a)(2) shall--
``(1) be based upon the models and methodologies
established by the Administrator under subsection (b);
``(2) address mobile sources, economic development, and
scenario analysis; and
``(3) be developed--
``(A) with public involvement, including public
comment periods and meetings;
``(B) with regional coordination, including with
respect to--
``(i) metropolitan planning organizations;
``(ii) the localities comprising the
metropolitan planning organization;
``(iii) the State in which the metropolitan
planning organization is located; and
``(iv) air quality and transportation
agencies for the State and region involved; and
``(C) in consultation with the State and local
housing, public health, economic development, land use,
environment, and public transportation agencies.
``(e) Strategies.--In developing goals under subsection (a)(1) and
a plan under subsection (a)(2), the State or metropolitan planning
organization, as applicable, shall consider transportation and land use
planning strategies to reduce greenhouse gas emissions, including the
following:
``(1) Efforts to increase public transportation, including
commuter rail service and ridership, by adding at a minimum--
``(A) new public transportation systems, including
new commuter rail systems;
``(B) employer-based subsidies; and
``(C) cleaner locomotive technologies.
``(2) Updates to zoning and other land use regulations and
plans to support development that--
``(A) coordinates transportation and land use
planning;
``(B) focuses future growth close to existing and
planned job centers and public facilities;
``(C) uses existing infrastructure;
``(D) promotes walking, bicycling, and public
transportation use; and
``(E) mixes land uses such as housing, retail, and
schools.
``(3) Implementation of a policy (referred to as a
`complete streets policy') that--
``(A) ensures adequate accommodation of all users
of transportation systems, including pedestrians,
bicyclists, public transportation users, motorists,
children, the elderly, and individuals with
disabilities; and
``(B) adequately addresses the safety and
convenience of all users of the transportation system.
``(4) Construction of bicycle and pedestrian infrastructure
facilities.
``(5) Projects to promote telecommuting, flexible work
schedules, or satellite work centers.
``(6) Pricing measures such as congestion pricing.
``(7) Intermodal freight system strategies, including
enhanced rail services, short sea shipping, and other
strategies.
``(8) Parking policies.
``(9) Travel demand management projects.
``(10) Restriction of the use of certain roads, or lanes,
by vehicles other than passenger buses and high-occupancy
vehicles.
``(11) Reduction of vehicle idling, including idling
associated with freight management, construction,
transportation, and commuter operations.
``(12) Policies to encourage the use of retrofit
technologies and early replacement of vehicles, engines and
equipment to reduce greenhouse gas emissions from existing
mobile sources.
``(13) Other projects that the Administrator finds reduce
greenhouse gas emissions from mobile sources.
``(f) Public Availability.--The Administrator shall publish,
including by posting on the Environmental Protection Agency's website--
``(1) the goals and plans submitted under subsection (a);
and
``(2) for each plan submitted under subsection (a)(2), an
analysis of the anticipated effects of the plan on greenhouse
gas emissions and oil consumption.
``(g) Enforcement.--If the Administrator finds that a State has
failed to submit goals under subsection (a)(1), or to ensure the
submission of a plan under subsection (a)(2), for any area in the State
(irrespective of whether the area is a nonattainment area), the
Administrator may impose a prohibition in accordance with section
179(b)(1) applicable to the area. The Administrator may not impose a
prohibition under the preceding sentence, and no action may be brought
by the Administrator or any other entity alleging a violation of this
section, based on the content or adequacy of a goal or plan submitted
under subsection (a)(1) or (a)(2).
``(h) Competitive Grants.--
``(1) Grants.--The Administrator, in consultation with the
Secretary of Transportation, may award grants on a competitive
basis to metropolitan planning organizations to develop or
implement plans submitted under subsection (a)(2) or elements
thereof.
``(2) Priority.--In making grants under paragraph (1), the
Administrator shall give priority to applicants based upon--
``(A) the amount of greenhouse gas emissions to be
reduced on a total or per capita basis, as determined
by the Administrator in consultation with the Secretary
of Transportation; and
``(B) such other factors as the Administrator
determines appropriate.
``(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated such sums
as may be necessary.
``(i) Definitions.--In this section:
``(1) The term `metropolitan planning organization' means a
metropolitan planning organization, as such term is used in
section 176 of the Clean Air Act.
``(2) 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
access to goods and services, including access to employment,
education, and health care (especially for elderly and
economically disadvantaged communities), and could affect rates
of--
``(A) vehicle miles traveled;
``(B) use of mobile source fuel by type, including
electricity; and
``(C) greenhouse gas emissions from the mobile
source sector.
``(j) Land Use Authority.--Nothing in this section may be construed
to--
``(1) infringe upon the existing authority of State or
local governments to plan or control land use, or
``(2) provide or transfer authority over land use to any
other entity.''.
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