[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4726 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4726

 To amend the Energy Independence and Security Act of 2007 to require 
 the Secretary of Transportation to develop and carry out a program to 
              improve energy efficiency in transportation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

 Mrs. Shaheen introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Energy Independence and Security Act of 2007 to require 
 the Secretary of Transportation to develop and carry out a program to 
              improve energy efficiency in transportation.

    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 ``Better Utilizing Innovative Low-
emission Development Strategies Act'' or the ``BUILDS Act''.

SEC. 2. GRANT PROGRAM TO PROMOTE ENERGY EFFICIENCY.

    (a) In General.--Title XI of the Energy Independence and Security 
Act of 2007 (Public Law 110-140; 121 Stat. 1756) is amended by adding 
at the end the following:

                    ``Subtitle E--Energy Efficiency

``SEC. 1141. GRANT PROGRAM TO PROMOTE ENERGY EFFICIENCY IN 
              TRANSPORTATION.

    ``(a) Definitions.--In this subtitle:
            ``(1) Dynamic transportation and demand management 
        project.--The term `dynamic transportation and demand 
        management project' means a project for the dynamic management, 
        control, and influence of travel demand, traffic demand, and 
        traffic flow relating to a transportation facility.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a unit of Tribal or local government; and
                    ``(C) a public entity with jurisdiction over, or 
                expertise relating to, infrastructure in a region, 
                State, or locality (including a transit agency).
            ``(3) Energy efficient.--The term `energy efficient', with 
        respect to a mode of transportation, means that the mode of 
        transportation uses a system of infrastructure and vehicles in 
        transporting individuals or goods that requires a quantity of 
        energy consumption (as measured per person-mile or per ton-mile 
        of freight) equal to less than \2/3\ of the quantity of energy 
        consumed by other modes of transportation in the United States 
        (calculated based on the average person-mile or ton-mile of 
        freight).
            ``(4) Rural area.--The term `rural area' means an area 
        located outside of an urbanized area, which urbanized area has 
        a population of more than 150,000 residents, as determined by 
        the Bureau of the Census.
            ``(5) Rural state.--The term `rural State' means a State 
        with a population density of 50 or fewer residents per square 
        mile, based on the most recent decennial census.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Grant Program.--
            ``(1) Establishment.--The Secretary, in coordination with 
        the Secretary of Energy and other appropriate Federal 
        departments and agencies, shall establish a program under which 
        the Secretary shall provide discretionary grants, on a 
        competitive basis, to eligible entities to carry out projects 
        that the Secretary determines will promote reductions in 
        transportation energy use, accelerate the adoption of new and 
        existing energy efficient technologies for transportation 
        applications, and significantly enhance transportation 
        infrastructure in the United States, including by accelerating 
        the application of information and communications technology to 
        increase the availability and competitiveness of energy 
        efficient modes for transporting passengers or freight.
            ``(2) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary determines to be appropriate.
                    ``(B) Inclusion.--An application under this 
                paragraph shall include a description of the means by 
                which the proposed project of an eligible entity will, 
                with respect to the area proposed to be served by the 
                project--
                            ``(i) promote a major reduction in 
                        transportation energy use; or
                            ``(ii) otherwise enhance energy efficiency.
                    ``(C) Criteria for project evaluation and 
                selection.--
                            ``(i) Primary factors for consideration.--
                        The Secretary shall evaluate applications 
                        submitted under this paragraph primarily--
                                    ``(I) on the basis of the benefits 
                                of the proposed project with respect 
                                to--
                                            ``(aa) enhanced energy 
                                        efficiency;
                                            ``(bb) economic 
                                        competitiveness;
                                            ``(cc) environmental 
                                        sustainability; and
                                            ``(dd) such other benefits 
                                        as the Secretary determines to 
                                        be appropriate; and
                                    ``(II) in a manner that ensures, to 
                                the maximum extent practicable--
                                            ``(aa) an equitable 
                                        geographical distribution of 
                                        funds; and
                                            ``(bb) an appropriate 
                                        balance in addressing the needs 
                                        of urban and rural areas.
                            ``(ii) Additional considerations.--In 
                        addition to the criteria described in clause 
                        (i), the Secretary shall take into 
                        consideration the extent to which a proposed 
                        project--
                                    ``(I) leverages Federal investment 
                                by encouraging non-Federal 
                                contributions to the project, including 
                                contributions from public-private 
                                partnerships;
                                    ``(II) supports the rehabilitation 
                                of existing assets;
                                    ``(III) improves resilience to 
                                extreme weather events; and
                                    ``(IV) improves technology 
                                innovation and the use of information 
                                and communication technologies.
            ``(3) Use of funds.--An eligible entity may use a grant 
        provided under this subsection to carry out a project described 
        in paragraph (1), including--
                    ``(A) a dynamic transportation and demand 
                management project to reduce recurring and nonrecurring 
                congestion;
                    ``(B) a program based on mobile computing to 
                facilitate the use of transit, carsharing, ridesharing, 
                or bikesharing;
                    ``(C) an improvement to a multimodal freight 
                facility to permit the use of information and 
                communications technology to facilitate shared use of 
                vehicles;
                    ``(D) a roadway improvement to permit vehicle-to-
                infrastructure communications that will help to reduce 
                energy consumption;
                    ``(E) a public transportation project eligible 
                under chapter 53 of title 49, United States Code 
                (including investment in a project participating in the 
                New Starts or Small Starts programs that will expedite 
                the completion of that project and entry of the project 
                into revenue service);
                    ``(F) a passenger or freight rail transportation 
                project;
                    ``(G) port infrastructure investment (including a 
                project that connects a port to another mode of 
                transportation and improves the efficiency of freight 
                movement);
                    ``(H) the construction or expansion of an electric 
                charging or hydrogen fueling station or other related 
                infrastructure;
                    ``(I) an infrastructure project that promotes the 
                efficient use of aircraft;
                    ``(J) a project that promotes walking, bike 
                transit, and other nonmotorized modes of 
                transportation;
                    ``(K) a project to deploy automation technology in 
                personal vehicles to achieve a net reduction in energy 
                consumption; and
                    ``(L) such other projects as the Secretary 
                determines to be eligible.
            ``(4) Requirements.--
                    ``(A) Maximum amount.--The amount of a grant 
                provided under this subsection shall be not more than 
                $50,000,000.
                    ``(B) Term.--The term of a grant provided under 
                this subsection shall not exceed 5 years.
                    ``(C) Federal share.--The Federal share of the cost 
                of a project carried out using a grant provided under 
                this subsection shall be not more than 80 percent.
                    ``(D) Reports to secretary.--Not later than the 
                date that is 5 years, 10 years, and 20 years after the 
                date of completion of a project for which a grant is 
                provided under this subsection, the applicable eligible 
                entity shall--
                            ``(i) reassess system performance to 
                        determine whether the outcomes of the project 
                        have met the preconstruction projections for--
                                    ``(I) reduction in transportation 
                                energy use; and
                                    ``(II) enhancement of energy 
                                efficiency; and
                            ``(ii) submit to the Secretary a report 
                        describing those determinations.
            ``(5) State limitation.--In selecting projects to receive 
        grants under this subsection, the Secretary shall ensure that 
        not more than 20 percent of the funds made available to carry 
        out this subsection may be awarded to projects in a single 
        State.
            ``(6) Rural projects.--Not less than 20 percent of the 
        amounts made available to carry out this subsection for a 
        fiscal year shall be allocated for projects in rural areas or 
        rural States.
    ``(c) Administrative Expenses.--Of the amounts made available under 
subsection (d), the Secretary may use not more than 4 percent for 
administrative expenses of carrying out the program under subsection 
(b).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $300,000,000 
for each of fiscal years 2021 through 2025.''.
    (b) Technical Amendment.--The table of contents of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17001 note; Public Law 
110-140) is amended by adding at the end of the items relating to title 
XI the following:

                    ``Subtitle E--Energy Efficiency

``Sec. 1141. Grant program to promote energy efficiency in 
                            transportation.''.
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