1.This Act may be cited as the
Federal-Aid Highway Preservation and
Renewal Program Act of 2011
.
2.System
preservation and renewal program
(a)Section 119 of title 23, United States Code, is amended
to read as follows:
119.System
preservation and renewal program
(a)In
this section:
(1)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)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 facilityThe 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)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)The term investment strategy means a State
investment strategy established under subsection (h)(2)(B).
(6)Overall State
of good repair standardsThe term overall state of good
repair standards means the performance standards established under
subsection (f)(1)(B).
(7)
(A)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)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)The
term program means the system preservation and renewal program
established under subsection (b).
(9)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 targetThe term state of good repair
performance target means a performance target established under
subsection (f)(2).
(11)System
preservation and renewal fundsThe 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 planThe term system preservation
and renewal plan means a system preservation and renewal plan
established by a State under subsection (h).
(b)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)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)
(1)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)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)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)
(A)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)
(i)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
expendituresThe 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)
(A)Debt financing
instrumentsPrior 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 impactsBefore 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)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
responsibilitiesNot 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)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
infrastructureThe 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)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)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)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)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)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)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 planA 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)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)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)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 congressNot 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)
(1)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)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)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)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
noncomplianceIf 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)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 requirementsNothing in this section limits the
applicability of sections 134 and 135 to projects carried out under this
section.
(n)Continuation of
current review practiceBecause 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 apportionmentsOn
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 adequacyNot 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 fundsSection 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)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)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)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)
(1)Section 104 of
title 23, United States Code, is amended by adding at the end the
following:
(m)System
preservation and renewalNotwithstanding 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.