[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 575 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 575

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2009

Mr. Carper (for himself and Mr. Specter) 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 develop plans and targets for 
  States and metropolitan planning organizations to develop 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.
``6302. Low Greenhouse Gas Transportation Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Recommendations.
``6306. Technical standards.
``6307. Report.
``6308. Funding, implementation, and limitations.
``Sec. 6301. Definitions
    ``In this chapter:
            ``(1) Administrator.--The term `Administrator' means 
        Administrator of the Environmental Protection Agency.
            ``(2) Charrette.--The term `charrette' means an open, 
        collaborative, multi-day design session--
                    ``(A) that includes a comprehensive description and 
                discussion of proposed plans and projects;
                    ``(B) that involves participation and input by 
                stakeholders and the public;
                    ``(C) that involves a collaborative process with a 
                series of feedback loops and responses to stakeholder 
                and public comments; and
                    ``(D) designed to produce 2 or more feasible 
                transportation greenhouse gas reduction plans to be 
                reviewed and evaluated through the stakeholder process 
                to find the most effective option.
            ``(3) Cost-burdened household.--The term `cost-burdened 
        household' means a household whose inhabitants--
                    ``(A) pay more than 30 percent of their income for 
                housing; and
                    ``(B) receive earned income in an amount that does 
                not exceed 200 percent of the Federal poverty line (as 
                defined by the Office of Management and Budget and 
                annually revised by the Secretary of Health and Human 
                Services) applicable to the number of inhabitants in 
                such household.
            ``(4) Fund.--The term `Fund' means the Low Greenhouse Gas 
        Transportation Fund established under section 6302(a).
            ``(5) Greenhouse gas.--The term `greenhouse gas' means 
        carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, and 
        any other greenhouse gas or nongaseous emission that the 
        Administrator determines should be addressed in mobile source 
        greenhouse gas reduction plans.
            ``(6) Intercity passenger rail project.--The term 
        `intercity passenger rail project' has the meaning given the 
        term `capital project' in section 24401.
            ``(7) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means an organization 
        designated under section 134(b) of title 23.
            ``(8) 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--
                    ``(A) improve access to goods and services, 
                including employment, education, and healthcare 
                (especially for the elderly and economically 
                disadvantaged communities); and
                    ``(B) affect rates of--
                            ``(i) motor vehicle miles traveled;
                            ``(ii) motor vehicle hours of operation;
                            ``(iii) use of petroleum-derived 
                        transportation fuel; and
                            ``(iv) greenhouse gas emissions from the 
                        transportation sector.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(10) State.--The term `State' means--
                    ``(A) any of the several States;
                    ``(B) the District of Columbia; and
                    ``(C) the Commonwealth of Puerto Rico.
            ``(11) Transportation.--The term `transportation' means the 
        design, construction, operation, and maintenance of 
        transportation infrastructure, including highway facilities, 
        public transit, rail, bicycle, and pedestrian facilities, and 
        other modes of transporting people, goods, and services
``Sec. 6302. Low Greenhouse Gas Transportation 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 into 
the Fund under section 6303(c). Amounts deposited into the Fund may be 
used by the Secretary, without further appropriation, to carry out this 
chapter.
    ``(b) Expenditures From Fund.--
            ``(1) In general.--Subject to the availability of funds 
        deposited under section 6303(c), upon the request of 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 pursuant to section 
        6308(b).
            ``(2) Administrative expenses.--Not more than 5 percent of 
        the amounts deposited in the Fund may be used to pay the 
        administrative expenses necessary to carry out this chapter.
``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 into 
the Fund the proceeds from each auction conducted under this section.
``Sec. 6304. Plans
    ``(a) Goal.--Each State and metropolitan planning organization 
shall establish the goal of reducing greenhouse gas emissions from the 
transportation sector during the 10-year period beginning on the date 
of the enactment of this chapter by--
            ``(1) increasing mobility options;
            ``(2) reducing the number of miles traveled by motor 
        vehicle; and
            ``(3) reducing the use of petroleum-derived transportation 
        fuel.
    ``(b) Rulemaking.--Not later than 1 year after the date of the 
enactment of this chapter, the Secretary, in consultation with the 
Administrator, shall promulgate regulations for the development of--
            ``(1) transportation greenhouse gas reduction plans and 
        emission reduction targets for relevant jurisdictions; and
            ``(2) prioritized lists of greenhouse gas reduction 
        projects described under this chapter.
    ``(c) Development of Transportation Greenhouse Gas Reduction 
Plans.--Each State and metropolitan planning organization, which 
represents a population, as of the most recent decennial census, of 
more than 200,000 individuals, shall develop a transportation 
greenhouse gas reduction plan, and a prioritized list of projects to 
support the plan, that are integrated into the long-range 
transportation plans and transportation improvement programs required 
under sections 134 and 135 of title 23, of the State or metropolitan 
planning organization. Such plan and projects shall support the goal 
established by the State or metropolitan planning organization under 
subsection (a) by investing 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;
            ``(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;
            ``(5) travel or demand management programs, including--
                    ``(A) carpool, vanpool, or car-share projects;
                    ``(B) congestion pricing measures;
                    ``(C) programs to promote telecommuting, flexible 
                work schedules, or satellite work centers; and
                    ``(D) intelligent transportation systems or other 
                operational improvements that are certified by the 
                Administrator to reduce greenhouse gas emissions;
            ``(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;
            ``(8) new, local street construction that enhances 
        connectivity, increases the efficiency of network performance, 
        and encourages the use of public transportation, pedestrian 
        walkways, or bicycle lanes; or
            ``(9) programs to reduce the greenhouse gas emissions from 
        materials or equipment associated with the construction of 
        transportation projects.
    ``(d) Voluntary Participation.--Any metropolitan planning 
organization, which represents a population, as of the most recent 
decennial census, of 200,000 or fewer individuals, may--
            ``(1) develop a transportation greenhouse gas reduction 
        plan and a prioritized list of projects in accordance with 
        subsection (c); and
            ``(2) if the entity submits such plan in accordance with 
        subsection (f), receive financial assistance under section 
        6308.
    ``(e) Reducing Single-Occupant Motor Vehicle Travel.--
Notwithstanding subsection (c), the transportation greenhouse gas 
reduction plan and prioritized list of projects shall not include 
projects that add new general purpose vehicle lanes or otherwise add 
capacity for single occupant motor vehicles on the transportation 
network.
    ``(f) Submission and Updating.--Each transportation greenhouse gas 
reduction plan required under this section shall be--
            ``(1) submitted to the Secretary not later than 2 years 
        after the date of the enactment of this chapter; and
            ``(2) updated, and resubmitted to the Secretary for 
        approval, in coordination with updates to long-range 
        transportation plans and transportation improvement programs 
        required under sections 134 and 135 of title 23, to include an 
        analysis regarding the achievement of the goals of the plan by 
        the State or metropolitan planning organization, as applicable.
    ``(g) Approval.--
            ``(1) In general.--Subject to section 6306(b), not later 
        than 180 days after the date of submission of a transportation 
        greenhouse gas reduction plan under subsection (f)(1), the 
        Secretary shall approve the plan if the Secretary, with the 
        concurrence of the Administrator, determines that--
                    ``(A) the plan is likely to achieve the goal 
                established by the State or metropolitan planning 
                organization, as the case may be, under subsection (a); 
                and
                    ``(B) the development of the plan targets and list 
                of projects complies with subsection (h).
            ``(2) Previously developed plans.--If a State or 
        metropolitan planning organization developed a plan to reduce 
        greenhouse gas emissions from the transportation sector before 
        the date of the enactment of this chapter, the State or 
        metropolitan planning organization shall be eligible to receive 
        Federal financial assistance under section 6308 if the 
        Secretary, in consultation with the Administrator, determines 
        and certifies that the plan meets the requirements under this 
        chapter.
    ``(h) Analysis, Public Involvement, Coordination, Consultation, and 
Other Requirements.--
            ``(1) In general.--Transportation greenhouse gas reduction 
        plans and project lists shall be developed with--
                    ``(A) public involvement, including public comment 
                periods and public charrettes;
                    ``(B) regional coordination, including coordination 
                between each State and--
                            ``(i) eligible regional or local entities;
                            ``(ii) the entities that develop 
                        transportation greenhouse gas reduction plans; 
                        and
                            ``(iii) other transportation and air 
                        quality agencies within the region in which the 
                        State is located; and
                    ``(C) consultation with representatives of--
                            ``(i) the Environmental Protection Agency;
                            ``(ii) the Department of Transportation; 
                        and
                            ``(iii) State and local housing, economic 
                        development, and land use agencies.
            ``(2) Transportation emission reduction targets.--
        Transportation emission reduction targets, at a minimum--
                    ``(A) shall be established for the 10-year period 
                beginning on the date of the enactment of this chapter; 
                and
                    ``(B) shall be reestablished for every subsequent 
                10-year period until the final year for which Federal 
                financial assistance is available under this chapter.
            ``(3) Use of most recent data.--Transportation greenhouse 
        gas reduction plans and emission reduction targets shall be 
        based on the most recent data and models that is available.
            ``(4) Analysis.--Transportation greenhouse gas reduction 
        plans shall include transportation, economic development, and 
        scenario analysis, including an assessment of the plan's impact 
        on access to jobs, health care, and education, especially for 
        elderly and economically-disadvantaged communities.
``Sec. 6305. Recommendations
    ``To effectively reduce greenhouse gas emissions from the 
transportation sector, the Secretary and the Administrator shall 
contract with the Transportation Research Board of the National Academy 
of Sciences to conduct a study and submit a report to the Administrator 
and the Secretary, not later than 1 year after the date of the 
enactment of this chapter, which contains recommendations--
            ``(1) for improving research and tools to assess the effect 
        of State and local transportation, land use, and environmental 
        planning on motor vehicle usage rates and transportation sector 
        greenhouse gas emissions;
            ``(2) for improving Federal Government data sources that 
        are necessary to assess greenhouse gas emission data from the 
        transportation sector for use in developing transportation 
        greenhouse gas reduction plans under this chapter; and
            ``(3) regarding policies and projects to effectively reduce 
        greenhouse gas emissions from the transportation sector.
``Sec. 6306. Technical standards
    ``(a) Initial Standards.--Not later than 2 years after the date of 
the enactment of this chapter, the Secretary, with the concurrence of 
the Administrator and taking into consideration any recommendations 
contained in the reports submitted under section 6305, shall establish 
standards for transportation data collection, monitoring, planning, and 
modeling.
    ``(b) Updates.--Not later than 5 years after the establishment of 
standards under subsection (a), and every 5 years thereafter, the 
Secretary, in consultation with the Administrator, shall update such 
standards, as appropriate.
    ``(c) Effect on Approvals.--After standards are established under 
this section, the Secretary shall approve any transportation greenhouse 
gas reduction plan submitted under section 6304(g) that meets such 
standards.
``Sec. 6307. Report
    ``Not later than 5 years after the date of the enactment of this 
chapter, and every 5 years thereafter, the Administrator shall submit a 
report to the committees of the Senate and of the House of 
Representatives with jurisdiction over transportation and climate 
change 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 transportation greenhouse 
        gas reduction 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 transportation greenhouse gas reduction 
        plans; and
            ``(4) regulatory changes planned to improve the performance 
        of the transportation greenhouse gas reduction plans.
``Sec. 6308. Funding, implementation, and limitations
    ``(a) Development and Updating of Plans and Targets.--The Secretary 
shall allocate amounts deposited into the Fund for a fiscal year for 
States and metropolitan planning organizations to develop and update 
transportation greenhouse gas reduction plans and emission reduction 
targets under section 6304.
    ``(b) Implementation of Plans and Targets.--
            ``(1) In general.--The Secretary shall use at least 80 
        percent of the amounts deposited into the Fund for each fiscal 
        year--
                    ``(A) to support the implementation of 
                transportation greenhouse gas reduction plans; and
                    ``(B) to provide financial assistance to projects 
                described in the transportation greenhouse gas 
                reduction plans as being necessary to meet the goals 
                established by the States or metropolitan planning 
                organizations submitting the plans.
            ``(2) Formula.--The Secretary, in coordination with the 
        Administrator, shall establish and regularly update a formula 
        for the allocation of amounts in accordance with paragraph (1) 
        that--
                    ``(A) reflects the expected per capita reduction in 
                greenhouse gas emissions expected as a result of the 
                implementation of each transportation greenhouse gas 
                reduction plan approved under section 6304(g);
                    ``(B) ensures that at least 60 percent of the 
                amounts are used to implement transportation greenhouse 
                gas reduction plans approved under section 6304(g) that 
                are developed by metropolitan planning organizations;
                    ``(C) emphasizes transportation greenhouse gas 
                reduction plans and project lists that increase 
                transportation options and mobility, particularly for 
                low-income individuals, minorities, the elderly, 
                households without motor vehicles, cost-burdened 
                households, and the disabled;
                    ``(D) emphasizes plans developed regionally and in 
                conjunction with land use, economic development, and 
                housing agencies; and
                    ``(E) during the 5-year period beginning on the 
                date of the enactment of this chapter, takes into 
                consideration reductions in greenhouse gas emissions 
                previously achieved by States and metropolitan planning 
                organizations under transportation greenhouse gas 
                reduction plans approved under section 6304(g).
            ``(3) Cost-sharing.--The Federal share of a project 
        receiving Federal financial assistance under this section be 80 
        percent.
    ``(c) Withholding Funds.--The Secretary may withhold any portion of 
the amounts allocated for a State or metropolitan planning 
organizations for a fiscal year under this chapter if the Secretary or 
the Administrator determines that the State or metropolitan planning 
organizations has not complied with the requirements under this 
chapter.
    ``(d) Land Use Authority.--Nothing in this chapter may be construed 
to--
            ``(1) infringe upon the existing authority of local 
        governments to plan or control land use; or
            ``(2) provide or transfer authority over land use to any 
        other entity.
    ``(e) Limitations.--The Secretary may not approve any 
transportation greenhouse gas reduction plan that proposes to use 
amounts from the Fund for a project that would be inconsistent with 
existing design, procurement, and construction guidelines established 
by the Department of Transportation.
    ``(f) Congestion Pricing Measures.--All projects listed under 
section 6304(c) shall be eligible to receive amounts collected through 
congestion pricing measures funded under this chapter.''.
    (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. Low Greenhouse Gas Transportation Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Recommendations.
``6306. Technical standards.
``6307. Report.
``6308. Funding, implementation, and limitations.''.
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