[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1193 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1193

 To amend title 23, United States Code, to preserve and renew Federal-
aid highways to reduce long-term costs, improve safety, and improve the 
                   condition of Federal-aid highways.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to preserve and renew Federal-
aid highways to reduce long-term costs, improve safety, and improve the 
                   condition of Federal-aid highways.

    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 ``Federal-Aid Highway Preservation and 
Renewal Program Act of 2011''.

SEC. 2. SYSTEM PRESERVATION AND RENEWAL PROGRAM.

    (a) In General.--Section 119 of title 23, United States Code, is 
amended to read as follows:
``Sec. 119. System preservation and renewal program
    ``(a) Definitions.--In this section:
            ``(1) Asset management.--The term `asset management' means 
        a strategic process for the management of transportation 
        infrastructure that takes into consideration economic and 
        engineering factors to make cost-effective investment decisions 
        to improve the overall state of good repair of facilities.
            ``(2) Eligible cost.--The term `eligible cost' means, with 
        respect to costs incurred for a project, costs of--
                    ``(A) development and implementation of asset 
                management systems in support of system preservation 
                and renewal plans;
                    ``(B) inspection activities for highway bridges and 
                tunnels in the State;
                    ``(C) reducing or eliminating an identified highway 
                or bridge safety problem;
                    ``(D) training of personnel responsible for 
                inspection of highway tunnels and inspection and load 
                rating of highway bridges in the State;
                    ``(E) data collection to monitor the condition of 
                highways and highway bridges in the State;
                    ``(F) environmental restoration and pollution 
                abatement to offset or mitigate the impacts of a 
                project eligible under subparagraph (A);
                    ``(G) control of terrestrial and aquatic noxious 
                weeds and establishment of non-native plant species 
                within the limits of a project eligible under 
                subparagraph (A); and
                    ``(H) implementation of the policy established 
                pursuant to subsection (l)(1).
            ``(3) Eligible highway facility.--The term `eligible 
        highway facility' means--
                    ``(A) a highway located on a Federal-aid highway;
                    ``(B) a bridge located on a Federal-aid highway;
                    ``(C) a bridge not located on a Federal-aid 
                highway; and
                    ``(D) a bicycle or pedestrian lane, path, walkway, 
                or similar travel surface located within the right-of-
                way of a Federal-aid highway.
            ``(4) Eligible project.--The term `eligible project' means 
        a project that is--
                    ``(A)(i) a project for resurfacing, restoration, 
                rehabilitation, replacement, or reconstruction of an 
                eligible highway facility;
                    ``(ii) a project for preservation, protection, or 
                other preventive repair of an eligible highway 
                facility; or
                    ``(iii) a project to reduce or eliminate an 
                identified highway safety problem, if the project--
                            ``(I) is eligible under section 148; and
                            ``(II) has a cost of less than $10,000,000; 
                        and
                    ``(B) consistent with the investment strategy of 
                the State in which the project is to be carried out.
            ``(5) Investment strategy.--The term `investment strategy' 
        means a State investment strategy established under subsection 
        (h)(2)(B).
            ``(6) Overall state of good repair standards.--The term 
        `overall state of good repair standards' means the performance 
        standards established under subsection (f)(1)(B).
            ``(7) Preservation.--
                    ``(A) In general.--The term `preservation' means 
                any cost-effective activity to prevent, delay, or 
                reduce deterioration on an eligible highway facility, 
                including preventive and corrective actions.
                    ``(B) Exclusion.--The term `preservation' does not 
                include structural or operational improvement beyond 
                the originally designed traffic capacity of an existing 
                highway facility except to the extent the improvement 
                occurs as an incidental result of the preservation 
                activity or improves safety.
            ``(8) Program.--The term `program' means the system 
        preservation and renewal program established under subsection 
        (b).
            ``(9) Protection.--The term `protection', with respect to a 
        highway, means the conduct of an activity or action associated 
        with the design and construction of measures to protect 
        highways from hazards such as earthquakes, floods, scour, 
        icing, vessel collision, vehicular impact, and security 
        threats.
            ``(10) State of good repair performance target.--The term 
        `state of good repair performance target' means a performance 
        target established under subsection (f)(2).
            ``(11) System preservation and renewal funds.--The term 
        `system preservation and renewal funds' means funds apportioned 
        under sections 104(b)(4), 104(m), and 144(e) for the program.
            ``(12) System preservation and renewal plan.--The term 
        `system preservation and renewal plan' means a system 
        preservation and renewal plan established by a State under 
        subsection (h).
    ``(b) Establishment.--The Secretary shall establish and implement a 
surface transportation infrastructure preservation and renewal program 
designed to maintain and preserve the quality, efficiency, safety, and 
value of Federal-aid highways and Federal-aid and non-Federal-aid 
bridges in accordance with this section.
    ``(c) Purposes.--The purposes of the program shall be--
            ``(1) to establish national priorities and goals for 
        bringing Federal-aid highways and Federal-aid and non-Federal-
        aid bridges into a state of good repair and preserving that 
        state of good repair;
            ``(2) to focus Federal investment on preserving and 
        improving the condition of roadways and bridges; and
            ``(3) to strengthen the connection between the use by a 
        State of Federal surface transportation funding and the 
        accomplishment of performance outcomes.
    ``(d) Use of Apportioned Funds.--
            ``(1) In general.--A State may obligate funds apportioned 
        to the State under the program for--
                    ``(A) eligible projects; and
                    ``(B) eligible costs.
            ``(2) Priority for national highway system projects.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State shall give priority to 
                eligible projects that help meet the overall state of 
                good repair standards for the National Highway System 
                under subsection (f)(1)(B).
                    ``(B) Exception.--This paragraph shall not apply to 
                any State that is meeting the overall state of good 
                repair standards for the National Highway System 
                established under subsection (f)(1)(B), as determined 
                by the Secretary.
            ``(3) Limitation.--
                    ``(A) In general.--A project cost attributable to 
                expansion of the capacity of a highway located on a 
                Federal-aid highways shall not be eligible for funding 
                under this section if the new capacity consists of 1 or 
                more new travel lanes that are not auxiliary lanes.
                    ``(B) Non-federal-aid bridges.--
                            ``(i) In general.--Not less than 15 percent 
                        of the amount apportioned to each State under 
                        section 144(e) for each of fiscal years 2012 
                        through 2017 shall be expended for projects to 
                        preserve, rehabilitate, protect, or replace 
                        highway bridges, other than those bridges on 
                        Federal-aid highways.
                            ``(ii) Reduction in expenditures.--The 
                        Secretary, after consultation with State and 
                        local officials, may reduce the amount required 
                        to be expended under clause (i) for bridges in 
                        the State that are not located on a Federal-aid 
                        highway if the Secretary determines that the 
                        State has inadequate needs to justify the 
                        expenditure.
            ``(4) Exception.--
                    ``(A) Debt financing instruments.--Prior to the 
                apportionment of funds made available for a program, a 
                State may deduct amounts sufficient for the payment of 
                any debt-financing instruments committed, guaranteed, 
                or obligated to a third party before the date of 
                enactment of the Federal-Aid Highway Preservation and 
                Renewal Program Act of 2011 for eligible projects under 
                this title (including this section) and title 49.
                    ``(B) Defense base closure and realignment 
                impacts.--Before October 1, 2013, a State may use up to 
                25 percent of the funds of the State for system 
                preservation and renewal for projects to address 
                transportation impacts relating to decisions of the 
                Defense Base Closure and Realignment Commission.
    ``(e) Other Eligible Costs.--In addition to the funds obligated for 
eligible projects, a State may obligate, in the aggregate, not to 
exceed 5 percent of the funds apportioned to the State under the 
program for a fiscal year to pay other eligible costs.
    ``(f) System Preservation and Renewal Performance Standards and 
Targets.--
            ``(1) Secretary responsibilities.--Not later than 1 year 
        after the date of enactment of the Federal-Aid Highway 
        Preservation and Renewal Program Act of 2011, the Secretary 
        shall, by regulation and in consultation with States, 
        establish--
                    ``(A) criteria for determining the state of good 
                repair of eligible highway facilities, based on highway 
                pavement condition or bridge structural adequacy, as 
                applicable; and
                    ``(B) overall state of good repair standards for 
                each class of infrastructure described in paragraph 
                (3), based on the criteria established under 
                subparagraph (A).
            ``(2) State responsibilities.--Not later than 2 years after 
        the date of enactment of the Federal-Aid Highway Preservation 
        and Renewal Program Act of 2011, and every 2 years thereafter, 
        each State, in conjunction with the development of the system 
        preservation and renewal plan of the State, shall establish or 
        revise, for each class of infrastructure described in paragraph 
        (3), quantifiable State of good repair performance targets 
        that, at a minimum, estimate the projected percentage change 
        over a 2-year period of infrastructure that is rated as being 
        not in state of good repair based on the criteria established 
        under paragraph (1)(B).
            ``(3) Classes of infrastructure.--The classes of 
        infrastructure referred to in paragraph (1) are--
                    ``(A) the total deck area of highway bridges in a 
                State that are located on the National Highway System;
                    ``(B) the total deck area of highway bridges in a 
                State that are located on Federal-aid highways;
                    ``(C) the total lane miles in a State that are 
                located on the National Highway System; and
                    ``(D) the total lane miles in a State that are 
                located on Federal-aid highways.
            ``(4) Compliance.--If a State meets an overall state of 
        good repair standard established under paragraph (1)(B) for a 
        class of infrastructure described in paragraph (3), that class 
        of infrastructure in the State shall be considered to be in a 
        state of good repair.
            ``(5) Applicability.--No State shall be required to 
        establish state of good repair performance targets under 
        paragraph (2) for any class of infrastructure that a State 
        certifies as meeting the overall state of good repair standard 
        under paragraph (1)(B).
    ``(g) State Asset Management Process.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Federal-Aid Highway Preservation and Renewal 
        Program Act of 2011, a State shall develop an asset management 
        process to support the development and implementation of system 
        preservation and renewal plans under subsection (h).
            ``(2) Requirements.--The process developed under paragraph 
        (1) shall be based on analytical mechanisms to identify cost-
        effective investments to preserve, rehabilitate, restore, 
        resurface, reconstruct, protect, or replace Federal-aid 
        highways and highway bridges on Federal-aid highways to improve 
        the overall state of good repair of those highways and bridges.
    ``(h) State System Preservation and Renewal Plans.--
            ``(1) Submission of plans.--Not later than 2 years after 
        the date of enactment of the Federal-Aid Highway Preservation 
        and Renewal Program Act of 2011 and biennially thereafter, a 
        State shall develop or update, as applicable, and submit to the 
        Secretary for approval, a system preservation and renewal plan.
            ``(2) Plan requirements.--A system preservation plan of a 
        State and any update of such a plan shall--
                    ``(A) include documentation on the state of good 
                repair based on the criteria under paragraph (f)(1) and 
                each class of infrastructure described in subsection 
                (f)(3);
                    ``(B) include an investment strategy that--
                            ``(i) covers a period of 6 years; and
                            ``(ii) describes the manner in which the 
                        State will allocate funds apportioned to the 
                        State to carry out this section among, at a 
                        minimum--
                                    ``(I) facilities in good condition, 
                                fair condition, and poor condition;
                                    ``(II) projects located on each 
                                class of infrastructure described in 
                                subsection (f)(2);
                                    ``(III) projects that vary with 
                                respect to geographical location, as 
                                determined by the State; and
                                    ``(IV) other eligible costs;
                            ``(iii) is based on an asset management 
                        process under subsection (g);
                            ``(iv) describes any Federal, State, local, 
                        or private funds that the State plans to use, 
                        in addition to system preservation and renewal 
                        funds, on projects that would help to meet the 
                        state of good repair performance targets 
                        established under this section;
                            ``(v) indicates the number of lane miles of 
                        highways and quantity of deck area on highway 
                        bridges that the State would address through 
                        the allocations described in clause (ii); and
                            ``(vi) subject to subsection (d)(2), 
                        provides for investment in projects that, once 
                        completed, would allow the State to meet the 
                        applicable state of good repair performance 
                        targets;
                    ``(C) include a description of the extent to which 
                the use by the State of system preservation and renewal 
                funds apportioned to the State during the 2 most recent 
                fiscal years was consistent with the investment 
                strategy of the State, including--
                            ``(i) an identification of the number of 
                        lane miles of highways and quantity of deck 
                        area on highway bridges on which the State has 
                        used those funds during those 2 fiscal years;
                            ``(ii) an identification of the 
                        distribution of highway and bridge facilities, 
                        by level of ownership (Federal, State, tribal, 
                        and local) and by functional classification, on 
                        which the State has obligated those funds 
                        during those 2 fiscal years;
                            ``(iii) an assessment of the progress that 
                        the State has made toward meeting each of the 
                        state of good repair performance targets of the 
                        State based on the projects that the State has 
                        carried out under this section and the 
                        contribution that those projects have made or 
                        would make, once complete, to the State meeting 
                        those performance targets; and
                            ``(iv) a description of the expenditure of 
                        funds on a geographical basis, as determined by 
                        the State; and
                    ``(D) describe the manner in which the investment 
                strategy of the State would enable the State--
                            ``(i) to meet the state of good repair 
                        performance targets of the State; and
                            ``(ii) improve the condition of the classes 
                        of infrastructure described in subsection 
                        (f)(3) in the State.
            ``(3) Public availability of plan.--A State shall make the 
        system preservation and renewal plan of the State, and each 
        update of the plan, available to the public.
    ``(i) Failure To Meet State of Good Repair Performance Targets.--
            ``(1) In general.--If a State does not meet the biennial 
        system preservation and renewal performance targets under this 
        section, the State shall coordinate with the Secretary to 
        direct portions of Federal funds available under this title to 
        the State toward projects eligible under this section in order 
        to meet the state of good repair performance targets under this 
        section.
            ``(2) Waiver.--The Secretary may temporarily waive the 
        application of this subsection if--
                    ``(A) unforeseen events significantly impact the 
                ability of a State to meet the biennial state of good 
                repair performance targets; or
                    ``(B) eligible facilities under this section in the 
                State have suffered serious damage due to an event that 
                results in the declaration of--
                            ``(i) an emergency by the Governor of the 
                        State; or
                            ``(ii) a major disaster by the President 
                        under the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.).
    ``(j) Oversight.--Beginning for the third fiscal year after the 
date of enactment of the Federal-Aid Highway Preservation and Renewal 
Program Act of 2011, and at least biennially thereafter or at such 
other times or intervals as are determined to be necessary by the 
Secretary, the Secretary, in conjunction with the submission of the 
State system preservation and renewal plan under subsection (g), shall 
conduct oversight activities to assess whether the use by each State of 
funds under this section is consistent with the investment strategy of 
the State under this section.
    ``(k) Biennial Report to Congress.--Not later than September 30, 
2013, and biennially thereafter, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing--
            ``(1) an evaluation of the performance of each State with 
        respect to--
                    ``(A) the investment strategy of the State under 
                this section; and
                    ``(B) the system preservation and renewal 
                performance targets established for the State under 
                this section; and
            ``(2) such recommendations as the Secretary may provide for 
        improvements of the program.
    ``(l) Additional Requirements.--
            ``(1) Safe streets policy.--Not later than 2 years after 
        the date of enactment of the Federal-Aid Highway Preservation 
        and Renewal Program Act of 2011, each State shall develop a 
        policy applicable to any project funded, in whole or in part, 
        under the program that--
                    ``(A) ensures the adequate accommodation, in all 
                phases of project planning and development, of all 
                users of the transportation system, including--
                            ``(i) pedestrians;
                            ``(ii) bicyclists;
                            ``(iii) public transit users;
                            ``(iv) older individuals;
                            ``(v) motorists;
                            ``(vi) individuals with disabilities; and
                            ``(vii) users of motor vehicles with a 
                        taxable gross weight (as defined in section 
                        4481 of the Internal Revenue Code of 1986) in 
                        excess of 55,000 pounds;
                    ``(B) ensures the consideration of the safety and 
                convenience of all users in all phases of project 
                planning and development; and
                    ``(C) delineates a clear procedure that gives due 
                consideration to the geographical location, road 
                classification, population density, and other 
                demographic factors by which projects funded, in whole 
                or in part, under this program may be exempted from 
                complying with the policy.
            ``(2) Categorical exclusions.--To the extent appropriate, 
        the Secretary shall develop categorical exclusions from the 
        requirement that an environmental assessment or an 
        environmental impact statement under section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332) be 
        prepared for transportation activities located within an 
        existing right-of-way funded under the program.
            ``(3) Maintenance of effort provision.--
                    ``(A) In general.--For any fiscal year for which a 
                State receives funds pursuant to this section, the 
                State shall certify to the Secretary that the State 
                will expend funds for the maintenance and operations of 
                facilities in an amount that is at least equal to the 
                average annual amount of funds expended over the 
                preceding 3 fiscal years.
                    ``(B) Form and deadline.--A certification described 
                in subparagraph (A) shall be submitted in such form and 
                not later than such date as shall be determined by the 
                Secretary.
                    ``(C) Penalty for noncompliance.--If a State fails 
                to provide a certification to the Secretary in 
                accordance with subparagraph (A), the Secretary shall 
                withhold from the State, for each fiscal year until 
                such time as the State submits the certification in 
                accordance with subparagraph (A), an amount equal to 10 
                percent of the amounts the State would have received 
                under this section for the fiscal year.
                    ``(D) Waiver.--The Secretary may temporarily waive 
                the application of this paragraph if unforeseen events 
                significantly impact the ability of a State to meet the 
                biennial state of good repair performance targets.
    ``(m) Applicability of Planning Requirements.--Nothing in this 
section limits the applicability of sections 134 and 135 to projects 
carried out under this section.
    ``(n) Continuation of Current Review Practice.--Because each 
individual project that is carried out under the investment strategy 
described in the system preservation and renewal plan of a State is 
subject to review under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a decision by the Secretary concerning a 
system preservation and renewal plan or an update of the plan in 
connection with this section shall not be considered to be a Federal 
action subject to review under that Act.
    ``(o) Transfer of NHS, Bridge Program, and Interstate Maintenance 
Apportionments.--On application by a State and approval by the 
Secretary, the Secretary may transfer to the apportionment of the State 
under section 104(b)(1) the amount of funds apportioned to the State 
for a fiscal year ending before October 1, 2010, under paragraphs (1) 
and (4) of section 104(b), and section 144(e) (as those sections were 
in effect on the day before the date of enactment of the Federal-Aid 
Highway Preservation and Renewal Program Act of 2011), that remains 
available for expenditure by the State.
    ``(p) Regulations on Performance Measures of Structural Adequacy.--
Not later than 1 year after the date of enactment of the Federal-Aid 
Highway Preservation and Renewal Program Act of 2011, the Secretary 
shall promulgate such regulations as are necessary to carry out this 
section.''.
    (b) Application to System Preservation and Renewal Funds.--Section 
126 of title 23, United States Code, is amended--
            (1) in subsection (a), by striking ``subsections (b) and 
        (c)'' and inserting ``subsections (b), (c) and (d)''; and
            (2) by adding at the end the following:
    ``(d) Application to System Preservation and Renewal Funds.--
            ``(1) In general.--A State may transfer funds apportioned 
        to the State under section 104(m) for the system preservation 
        and renewal program if the State meets the overall state of 
        good repair standards established under section 119(f)(1)(B) 
        for classes of infrastructure under subparagraphs (A) and (C) 
        of sections 119(f)(3).
            ``(2) Good repair standards.--A State may transfer funds 
        apportioned to the State under sections 104(b)(4) and 144(e) 
        for the system preservation and renewal program if the State 
        meets each of the overall state of good repair standards 
        established under section 119(f)(1)(B).''.
    (c) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
119 and inserting the following:

``Sec. 119. System preservation and renewal program.''.
    (d) Conforming Amendments.--
            (1) Section 104 of title 23, United States Code, is amended 
        by adding at the end the following:
    ``(m) System Preservation and Renewal.--Notwithstanding any other 
provision of this section, \1/2\ of the funds apportioned to a State 
under subsection (b)(1) shall be used for system preservation and 
renewal under section 119 of title 23, United States Code.''.
            (2) Section 105 of title 23, United States Code, is amended 
        in each of subsections (a)(2) and (b)(2) by striking ``the 
        Interstate maintenance program'' each place it appears and 
        inserting ``the system preservation and renewal program''.
            (3) Section 118 of title 23, United States Code, is 
        amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
                                 <all>