Short title

This Act may be cited as the

Commute LESS Act of 2009

or the

Commute-Leveraging Employer Support and Successes Act of 2009

Enhancing employer involvement in metropolitan transportation planning

(a)

Designation of metropolitan planning organizations

Section 5303(d)(2) of title 49, United States Code, is amended— (1)in subparagraph (B) by striking and at the end; (2)in subparagraph (C) by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

(D)not less than one representative designated by the applicable employer advisory council established under subsection (q).

(b)

Development of transportation plan

(1)

Transportation plan

Section 5303(i)(2) of such title is amended by adding at the end the following:

(G)

Employer outreach and commuter benefit activities

Proposed activities and strategies to provide outreach to employers in the region to create and expand alternative commuting and commuter benefit programs (as such term is defined under section 330(l) of title 23).

(2)

Participation by interested parties

Section 5303(i)(5)(B) of such title is amended— (A)in clause (i) by striking and at the end; (B)in clause (ii) by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

(iii)shall identify employers and transportation management organizations (as such term is defined under section 330(l) of title 23) that are within the boundaries of the metropolitan planning organization and shall include strategies developed to provide outreach to such employers and organizations and a plan to include the input of such employers and organizations in the development of the transportation plan.

(c)

Metropolitan TIP

(1)

Development

Section 5303(j)(1) of such title is amended by adding at the end the following:

(E)

Employer involvement

The TIP shall be developed in coordination with the applicable employer advisory council established under subsection (q) and shall include projects identified by such employer advisory council.

(2)

Contents

Section 5303(j)(2)(A) of such title is amended by striking the period at the end and inserting , including projects identified by the commuter trip reduction plan established under subsection (q).. (d)

Employer advisory council

Section 5303 of such title is amended by adding at the end the following:

(q)

Employer Advisory Council

(1)

In general

Each metropolitan planning organization shall establish an employer advisory council consisting of representatives of employers within the boundaries of the metropolitan planning organization. (2)

Transportation plan and TIP review

The employer advisory council shall review how long-range transportation plans and TIPs will affect commuting habits and shall develop a plan to reduce trips relating to commuting to and from work in accordance with paragraph (3). (3)

Commuter trip reduction plan

The employer advisory council shall develop a commuter trip reduction plan that shall— (A)identify commuting patterns; (B)develop regional goals to reduce vehicle miles traveled during peak commuting hours; (C)develop a series of regional projects and programs to achieve the goals established under subparagraph (B); (D)identify existing employer-based commuting alternatives programs in the region; and (E)identify proposed employer-based commuting alternatives programs to be included in the transportation plan under subsection (i) and TIP under subsection (j). (4)

Advisory council membership

The employer advisory council shall consist of not less than 15 representatives of employers within the boundaries of the metropolitan planning organization, which may include representatives of identified transportation management organizations (as such term is defined under section 330(l) of title 23) within such boundaries. Employer advisory council members shall be selected by the metropolitan planning organization and, to the extent practicable, shall represent a diverse cross-section of employers within the boundaries of the metropolitan planning organization. (5)

MPO membership

The employer advisory council shall designate one member from the council to be a member of the metropolitan planning organization.

Employer investment in transportation and commuter benefit program

(a)

In general

Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

330.

Employer investment in transportation and commuter benefit program

(a)

Purpose

The purpose of this section is to— (1)engage employers in providing commuting alternatives to employees, including carpooling, vanpooling, use of transit, and teleworking; (2)leverage private investment with respect to alternative commuting; and (3)reduce fuel consumption and provide energy independence by providing commuters with options for commuting to work other than driving in a vehicle occupied by a single individual. (b)

Establishment

The Secretary shall establish and carry out an employer investment in transportation and commuter benefit program in accordance with this section. (c)

Funding

Before making an apportionment under section 104(b)(2) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the congestion mitigation and air quality improvement program under section 149 for such fiscal year, $300,000,000 to carry out this section. (d)

Apportionment

(1)

In general

The Secretary shall apportion amounts made available to carry out this section for a fiscal year among the States in the same manner as amounts are apportioned under section 104(b)(3)(A). (2)

Minimum apportionment

Notwithstanding paragraph (1), each State shall receive a minimum of ½ of 1 percent of the funds apportioned under this subsection. (3)

Set-asides

Before making an apportionment under paragraph (1) for a fiscal year, the Secretary shall set aside not more than $3,000,000 of amounts made available to carry out this section for such fiscal year for the administrative expenses of the Secretary in carrying out this section. (e)

Eligible recipients and projects

(1)

In general

Amounts apportioned to a State under this section shall be used to provide financial assistance to State, regional, and local agencies and entities, including employers and transportation management organizations, to create and expand commuter benefit programs. (2)

Limitation

Amounts apportioned under this section shall not be used— (A)to replace or discourage existing Federal, State, local, or private investment in commuter benefit programs; or (B)to compete against existing Federal, State, local, or private commuter benefit programs. (f)

Administration of amounts

(1)

In general

Amounts apportioned to a State under this section shall be administered by the State’s transportation department or the designee of such department. (2)

Coordination

A State transportation department shall coordinate activities carried out using amounts apportioned under this section with appropriate local and regional planning bodies, transportation management organizations, and public transportation operators. (3)

Technical assistance

To the extent practicable, a State transportation department administering amounts under this section, in coordination with appropriate local and regional planning bodies, transportation management organizations, and public transportation operators, shall provide technical assistance to employers and employer organizations to assist in the creation and expansion of commuter benefit programs under this section. (g)

Information clearinghouse

(1)

In general

The Secretary shall make grants to a national nonprofit organization engaged in efforts relating to commuter benefit programs or another entity to— (A)establish and operate an information clearinghouse for the employer investment in transportation and commuter benefit program; (B)develop an information and educational program with respect to the employer investment in transportation and commuter benefit program; and (C)provide technical assistance and disseminate techniques and strategies used by successful commuter benefit programs. (2)

Funding

The Secretary shall carry out this subsection with amounts set aside for administrative expenses under subsection (d)(3). (h)

Transferability and Federal share

(1)

Transferability

Funds made available to carry out this section shall not be transferable and shall remain available until expended. (2)

Federal share

(A)

In general

Except as provided under subparagraph (B), the Federal share of the cost of a project or activity under this section may not exceed 80 percent. (B)

Exception

If private investment is used for any portion of the non-Federal share of the cost of a project or activity under this section, the Federal share of such cost may not exceed 90 percent. (i)

Treatment of projects

Notwithstanding any other provision of law, projects assisted under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23. (j)

Performance and accountability

(1)

Statewide goals

A State receiving funds apportioned under this section, in coordination with metropolitan planning organizations in the State, shall establish statewide goals for achieving reductions in vehicle miles traveled through the implementation of activities under this section. (2)

Report to Secretary

Not later than one year after the date of enactment of this section, and annually thereafter, a State receiving funds apportioned under this section shall submit to the Secretary a report describing— (A)the goals for reducing vehicle miles traveled under this section for the following year; (B)how funds apportioned under this section were utilized during the preceding year and the outcome of such utilization; and (C)whether goals for reducing vehicle miles traveled under this section were met for the preceding year based on evaluations of activities under this section. (k)

Report to Congress

Not later than March 30, 2013, the Secretary shall submit to Congress a report describing— (1)the commuter benefit programs receiving assistance under this section; (2)any reduction in vehicle miles traveled that has been achieved as a result of such programs; and (3)whether States have been able to meet goals established under subsection (j). (l)

Definitions

In this section, the following definitions apply: (1)

Transportation management organization

The term transportation management organization means a local, regional, or statewide association of employers established for the purpose of providing employees with commuting options. (2)

Commuter benefit program

The term commuter benefit program means a program designed to provide employees with alternatives to driving to and from work in a vehicle occupied by a single individual, including— (A)carpool programs; (B)vanpool programs; (C)transit benefit programs; (D)parking cash-out programs; (E)shuttle programs; (F)telework programs; and (G)appropriate employer-based programs.

(b)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following:

330. Employer investment in transportation and commuter benefit program.

Congestion mitigation during project construction

Section 106 of title 23, United States Code, is amended by adding at the end the following:

(j)

Congestion mitigation plan

A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more or that will reduce traffic flow (as defined by the Secretary) for more than 120 days shall prepare a congestion mitigation plan for such project that includes funding for projects to reduce peak hour vehicle miles traveled along the impacted corridor. The recipient shall create the plan in coordination with the appropriate employer advisory council established under section 5303(q) of title 49 and the plan shall be made available to the Secretary for review upon the request of the Secretary.

Major capital investment grants of $75,000,000 or more

Section 5309(d) of title 49, United States Code, is amended— (1)in paragraph (3)— (A)by striking and at the end of subparagraph (J); (B)by redesignating subparagraph (K) as subparagraph (L); and (C)by inserting after subparagraph (J) the following:

(K)the ability of the grant recipient and the partners of such recipient to work with employers to get commuters to utilize the project; and

;

(2)by redesignating paragraph (6) as paragraph (7); and (3)by inserting after paragraph (5) the following:

(6)

Employer outreach

The Secretary shall require that each entity submitting a request for a grant under this subsection include with the request a plan for how the entity intends to work with local employers and transportation management organizations (as that term is defined in section 330(l) of title 23) to create or expand a commuter benefit program (as that term is defined in such section) with respect to the proposed project.