[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 398

 To permit commercial vehicles at weights up to 129,000 pounds to use 
 certain highways of the Interstate System in the State of Idaho which 
   would provide significant savings in the transportation of goods 
         throughout the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To permit commercial vehicles at weights up to 129,000 pounds to use 
 certain highways of the Interstate System in the State of Idaho which 
   would provide significant savings in the transportation of goods 
         throughout the United States, 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 ``Idaho Efficient Vehicle 
Demonstration Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) States including Montana, Nevada, Utah, and Wyoming 
        have been grandfathered the right to operate up to 129,000-
        pound or greater vehicle combinations on 9 axles or more on 
        Federal highways;
            (2) laws governing Federal highway funding effectively 
        impose a limit of 105,500 pounds on the weight of vehicles 
        permitted to use the Interstate System within the State of 
        Idaho;
            (3) the State of Idaho is surrounded by the States 
        specified in paragraph (1) that allow higher weight limits on 
        the Interstate System, which puts the State of Idaho at a 
        disadvantage in moving freight within Idaho and into those 
        surrounding States;
            (4) in 2003, the legislature of the State of Idaho adopted 
        House Bill 395, which established a 10-year pilot project that 
        allows vehicle combinations up to 129,000 pounds to be operated 
        on 10 axles on specific routes in that State, but does not 
        address the Interstate System;
            (5) in enacting the pilot project program in House Bill 395 
        of the State, the legislature required the Idaho Transportation 
        Department to report to the legislature on the effect of the 
        program;
            (6) the Idaho Transportation Department is required to 
        submit reports every 3 years during the 10-year life of the 
        pilot project program that describe the results of monitoring 
        and evaluation of all important impacts, including impacts to 
        safety, bridges, and pavement, on all pilot project routes;
            (7) the pilot project program terminates on July 1, 2013, 
        unless the program is otherwise extended or sooner repealed by 
        the legislature;
            (8) the administration of the pilot project, coupled with 
        the fact that vehicle combinations cannot operate at 129,000 
        pounds on the Interstate System, has forced those heavier 
        vehicle combinations to divert onto small State and local roads 
        on which higher vehicle weight limits are allowed under State 
        law;
            (9) the diversion of those vehicles onto those roads 
        increases fuel costs because of increased idling time and total 
        travel time along those roads;
            (10) the cost of transportation fuel has increased more 
        than 80 percent between calendar years 2007 and 2008; and
            (11) permitting commercial vehicles to travel on a select 
        few Interstate System highways within the State at increased 
        weight limits would provide--
                    (A) significant savings in the transportation of 
                goods throughout the State; and
                    (B) substantial data and an opportunity for 
                analysis of the impacts of the vehicles on bridges, 
                highway safety, and pavements.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered interstate system highway.--The term ``covered 
        Interstate System highway'' means any portion of a highway 
        designated as a route on the Interstate System that, as of the 
        date of enactment of this Act, is not exempt from the 
        requirements of subsection (a) of section 127 of title 23, 
        United States Code, pursuant to a waiver under that subsection.
            (2) Director.--The term ``Director'' means the Director of 
        the Idaho Transportation Department.
            (3) Interstate system.--The term ``Interstate System'' has 
        the meaning given the term in section 101(a) of title 23, 
        United States Code.
            (4) Pilot project.--The term ``pilot project'' means the 
        10-year pilot project of the State, established in 2003 under 
        House Bill 395 of the State, that permits vehicle combinations 
        weighing up to 129,000 pounds to be operated on specific routes 
        in that State.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) State.--The term ``State'' means the State of Idaho.

SEC. 4. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF 
              VEHICLES USING INTERSTATE SYSTEM HIGHWAYS.

    (a) Prohibition Relating to Certain Vehicles.--Notwithstanding 
section 127(a) of title 23, United States Code, the total amount of 
funds apportioned to the State under section 104(b)(1) of that title 
for any period may not be reduced under section 127(a) of that title if 
the State permits a vehicle combination described in subsection (b) to 
use a covered Interstate System highway in the State in accordance with 
this Act.
    (b) Combination Vehicles in Excess of 105,500 Pounds up to 129,000 
Pounds.--A vehicle described in this subsection is a vehicle that--
            (1) has a weight in excess of 105,500 pounds but not more 
        than 129,000 pounds;
            (2) consists of a power unit hauling 2 or more trailers or 
        semitrailers;
            (3) does not exceed any vehicle weight limitation that is 
        applicable under State law to the operation of the vehicle on 
        highways in the State that are not part of the Interstate 
        System, as those laws are in effect on the date of enactment of 
        this Act; and
            (4) is limited to travel only on--
                    (A) the portion of Interstate Route 15 extending 
                from the Montana border to the junction with Interstate 
                Route 86;
                    (B) the portion of Interstate Route 86 extending 
                from the junction of Interstate Route 15 to the 
                junction with Interstate Route 84; and
                    (C) the portion of Interstate Route 84 extending 
                from the Utah border to the Oregon border.
    (c) Termination of Authority.--
            (1) In general.--Subject to paragraph (2), this section and 
        the authority provided under this section shall terminate on 
        July 1, 2013.
            (2) Exceptions.--This section and the authority provided 
        under this section shall terminate on--
                    (A) a date that is later than the date specified in 
                paragraph (1), if the project is extended to that later 
                date by the State; or
                    (B) any date that is before, on, or after the date 
                specified in paragraph (1), if the Secretary--
                            (i) determines that--
                                    (I) operation of vehicles described 
                                in subsection (b) on covered Interstate 
                                System highways has adversely affected 
                                safety on the overall highway system; 
                                or
                                    (II) the Director has failed to 
                                collect the data described in section 
                                5(2); and
                            (ii) publishes the determination, together 
                        with the date of termination of this section, 
                        in the Federal Register.
    (d) Consultation Regarding Termination for Safety.--In making a 
determination under subsection (c)(2)(A)(i), the Secretary shall 
consult with the Director.

SEC. 5. RESPONSIBILITIES OF STATE.

    For the purpose of section 4, the State shall be considered to meet 
the conditions under this section if the Director--
            (1) submits to the Secretary a plan for use in meeting the 
        conditions described in paragraph (2); and
            (2) collects data on the net effects that the operation of 
        vehicles described in section 4(b) on covered Interstate System 
        highways in the State has on the safety of the overall highway 
        system, as required by House Bill 395 of the State.
                                 <all>