II 111th CONGRESS 2d Session S. 3189 IN THE SENATE OF THE UNITED STATES March 26 (legislative day, March 25), 2010 Mr. Brown of Ohio (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 49, United States Code, to allow for additional transportation assistance grants.

1.

Expansion of transit operating assistance grant program

Section 5307(b) of title 49, United States Code, is amended— (1)in paragraph (1)— (A)in subparagraph (D), by striking of less than 200,000 and inserting “of— (i)less than 200,000; (ii)not less than 200,000, and less than 400,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; (iii)not less than 400,000, and less than 600,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; (iv)not less than 600,000, and less than 800,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; (v)not less than 800,000, and less than 1,000,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; and (vi)not less than 1,000,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; . (2)in paragraph (2)— (A)by striking subparagraphs (B) through (D); and (B)by redesignating subparagraph (E) as subparagraph (B); (3)by redesignating paragraph (3) as paragraph (6); and (4)by inserting after paragraph (2) the following: (3)

Limitations on use of funds

A designated recipient may use— (A)not more than 50 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(iii); (B)not more than 45 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(iv); (C)not more than 40 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(v); (D)not more than 35 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(vi); and (E)not more than 30 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(vii). (4)

Conditional use of funds in an urbanized area with a population of at least 200,000

(A)

In general

For each of fiscal years 2010 through 2015 and subject to subparagraph (B), a designated recipient may use a percentage of the funds made available to the designated recipient under this section, in addition to the percentage described in paragraph (3), to finance the operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of not less than 200,000. (B)

Operating cost

To be eligible under subparagraph (A), the designated recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non-Federal sources (excluding farebox revenue) must be greater than such revenue from the previous fiscal year. (C)

Limitation

The amount available for a grant under this paragraph shall not exceed the percentage of such increase. (5)

TIGGER grant

(A)

In general

In addition to any other grant under this section, the Secretary may award a grant, from any funds that may be made available to carry out this section for each of fiscal years 2010 through 2015, to a designated recipient for the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of 200,000 or more, if the designated recipient— (i)was awarded a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program, established under the ninth proviso under the heading Transit capital assistance under the heading Federal Transit Administration under the heading Department of Transportation of title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–105; 123 Stat. 210); and (ii)demonstrates that the designated recipient has achieved— (I)total energy savings of not less than 10 percent, as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program; (II)energy savings of not less than 10 percent, as a percentage of the total energy usage of the public transit agency, as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program; or (III)total greenhouse gas emission reduction of not less than 10 percent as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program. (B)

Funds

The Secretary shall use not less than 10 percent of the funds made available to carry out this section for grants under this paragraph. .