[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9648 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9648

 To establish, maintain, and expand frequent, reliable, interconnected 
  electric bus rapid transit service to expand racial, economic, and 
                         environmental justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 21, 2022

Ms. Bush (for herself, Mr. Garcia of Illinois, Mr. Johnson of Georgia, 
Mr. Carson, Ms. Ocasio-Cortez, Mrs. Carolyn B. Maloney of New York, Mr. 
 Grijalva, Mrs. Hayes, Ms. Tlaib, Mr. Bowman, Mr. Huffman, Mr. Payne, 
Mr. Lieu, Ms. Pressley, Mr. Espaillat, Mr. Raskin, Mr. Jones, Mr. Danny 
K. Davis of Illinois, Ms. Schakowsky, Mr. Khanna, Mr. Michael F. Doyle 
of Pennsylvania, Mr. DeSaulnier, Mr. Auchincloss, Mr. Casten, Mr. Levin 
  of Michigan, Mr. Welch, Mr. Larsen of Washington, Ms. McCollum, Ms. 
   Kaptur, Mr. Beyer, Mr. Tonko, Ms. Meng, Ms. Sanchez, Mrs. Watson 
Coleman, Mr. Takano, Mr. Cleaver, Mr. Brendan F. Boyle of Pennsylvania, 
  Mr. Cohen, Ms. Pingree, Mr. Nadler, Ms. Barragan, Ms. Jayapal, Ms. 
 Wilson of Florida, Ms. Jackson Lee, Ms. Newman, Ms. Dean, Ms. Adams, 
Ms. DeGette, Mr. Evans, Ms. Matsui, Ms. Lee of California, Mr. Schiff, 
Ms. Stansbury, Mr. Lynch, Mr. Smith of Washington, Mr. Butterfield, Ms. 
Clarke of New York, Mr. Brown of Maryland, and Ms. Ross) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To establish, maintain, and expand frequent, reliable, interconnected 
  electric bus rapid transit service to expand racial, economic, and 
                         environmental justice.

    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 ``Bus Rapid Transit Act''.

SEC. 2. BUS RAPID TRANSIT PROGRAM.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation, acting through 
the Administrator of the Federal Transit Administration, shall 
establish a program to provide grants to eligible public entities for 
the design and implementation of covered bus rapid transit systems.
    (b) Application.--To be eligible for a grant under this section, an 
eligible public entity shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
    (c) Use of Funds.--An eligible public entity receiving a grant 
under this section may use such grant for--
            (1) the design and implementation of a covered bus rapid 
        transit system, including the design, acquisition, operations, 
        maintenance, construction, and leasing of required supporting 
        facilities, and integration and improvement of other connected 
        or nearby bus corridors, bicycle infrastructure, and pedestrian 
        infrastructure;
            (2) procuring and installing charging infrastructure and 
        renewable energy to power charging infrastructure;
            (3) the redesign, retrofit, renovation, update, and repair 
        of existing bus systems to bring such systems up to the 
        standard of covered bus rapid transit systems;
            (4) training current employees to effectively operate, 
        maintain, or otherwise adapt to new technologies relating to a 
        covered bus rapid transit system and associated charging 
        equipment;
            (5) operating costs to increase service frequencies on bus 
        rapid transit routes that otherwise conform with this Act;
            (6) reducing or eliminating fares as part of eligible 
        projects; and
            (7) public engagement and participatory planning processes 
        that meaningfully incorporate input from community members 
        impacted by the covered bus rapid transit systems, including 
        representatives from local labor organizations and other 
        community groups, including those described subsection (d)(4).
    (d) Requirements.--As a condition of accepting a grant under this 
section, an eligible public entity (other than a Tribal authority) 
shall--
            (1) agree to take steps, in consultation with community 
        groups and tenant advocates, to secure existing housing in 
        neighborhoods receiving benefits from such grant, including 
        through the use of rent control, rent stabilization, or other 
        methods to stabilize existing residents and prevent 
        gentrification residential displacement;
            (2) ensure safety for covered bus rapid transit systems 
        funded by such a grant by employing Electric Vehicle 
        Infrastructure Training Program (EVITP)-certified electricians 
        for the installation and maintenance of the electric components 
        of the charging infrastructure;
            (3) provide to the Secretary in the application for such a 
        grant information on what such steps the entity will take and 
        how the entity will carry out the activities described in 
        paragraph (1);
            (4) develop transit-oriented development plans for the area 
        located around station stops that include new affordable 
        housing or public housing;
            (5) provide to the Secretary a public engagement, outreach, 
        and education plan that illustrates the grantee's commitment to 
        meeting the mobility needs of the entire community that will be 
        served by the covered bus rapid transit system, including 
        strategies to incorporate input from local labor organizations 
        and other community groups, including environmental advocates, 
        racial justice advocates, tenant advocates, youth advocates, 
        transit advocates, and disability rights advocates; and
            (6) certify that the covered bus rapid transit system 
        funded by such grant shall operate on an either flat-fare or 
        fare-free basis.
    (e) Prohibition in Impact on Fares.--As a condition on receipt of a 
grant under this section, an eligible public entity shall certify to 
the Secretary that the fares for riding the covered bus rapid transit 
system--
            (1) shall not increase solely due to the improvements 
        carried out with funds provided under this section; and
            (2) shall not increase for any reason for at least 1 year 
        after the completion of the project funded under this section.
    (f) Priority for Economically Disadvantaged Communities.--In 
carrying out the program under this section, the Secretary shall 
prioritize projects located in economically disadvantaged communities.

SEC. 3. SPECIAL RULES FOR TRIBES.

    (a) Set-Aside.--Contingent on sufficient qualifying applicants for 
grants under this Act that are Tribal authorities, the Secretary shall 
ensure that 5 percent of such grants are awarded to such applicants.
    (b) Criteria for Consideration as Covered Bus Rapid Transit 
System.--With respect to a grants provided to a Tribal authority, 
notwithstanding section 5(2)(A), a transit system for which funds are 
provided under this Act shall be considered a covered bus rapid transit 
system by meeting 4 of the criteria listed in section 5(2)(A)(x) and 7 
of the criteria listed in section 5(2)(A)(xi).

SEC. 4. FUNDING REQUIREMENTS.

    (a) Federal Share.--
            (1) In general.--The Federal share of a grant under this 
        Act shall not exceed 85 percent.
            (2) Projects in economically disadvantaged communities.--
        Notwithstanding paragraph (1), the Federal share for a project 
        located in and benefitting an economically disadvantaged 
        community may be up to 100 percent if the Secretary determines 
        that--
                    (A) the project is part of an approved 
                transportation plan required under sections 5303 and 
                5304 of title 49, United States Code; and
                    (B) the applicant has, or will have--
                            (i) the legal, financial, and technical 
                        capacity to carry out the project, including 
                        the safety and security aspects of the project;
                            (ii) satisfactory continuing control over 
                        the use of the equipment or facilities; and
                            (iii) the technical and financial capacity 
                        to maintain new and existing equipment and 
                        facilities.
    (b) Prohibition on Use of Funds.--None of the funds made available 
by this Act may be used to employ or otherwise enter into a contract 
for local, State, or Federal law enforcement officers or fare 
collectors who are armed.
    (c) Special Rule.--No financial assistance under chapter 53 of 
title 49, United States Code, may be used for an automated vehicle 
providing public transportation unless the recipient of such assistance 
that proposes to deploy an automated vehicle providing public 
transportation certifies to the Secretary that the deployment does not 
eliminate or reduce the frequency of existing public transportation 
service.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $60,000,000,000 total for fiscal years 2024 through 2028 
to carry out this Act.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Eligible public entity.--The term ``eligible public 
        entity'' means a local, Tribal, or State governmental 
        authority, including metropolitan planning organizations, 
        transit agencies, port authorities, and regional entities, or 
        multiple adjacent authorities submitting a joint application.
            (2) Covered bus rapid transit system.--The term ``covered 
        bus rapid transit system'' means a publicly owned bus rapid 
        transit system that--
                    (A) has--
                            (i) dedicated, physically separated right 
                        of ways that run at least 2 miles;
                            (ii) all buses added to operation are 
                        battery powered electric vehicles and any 
                        existing operational buses meet applicable 2010 
                        emissions standards;
                            (iii) accessibility for all customers, 
                        including those who are physically, visually, 
                        or hearing-impaired, as well as those with 
                        temporary disabilities, the elderly, children, 
                        parents with strollers, and other load-carrying 
                        passengers;
                            (iv) buses aligned in the central verge of 
                        the roadway for at least 75 percent of the 
                        route;
                            (v) all buses, routes, and stations in 
                        corridor follow single unifying brand of entire 
                        bus rapid transit system;
                            (vi) functioning real-time and up-to-date 
                        static passenger information corridor-wide that 
                        is available during all hours of operation;
                            (vii) physical transfer points integrated 
                        with other public transit;
                            (viii) safe and accessible pedestrian 
                        design at each station, with a continuous 
                        walking path network along the entire corridor;
                            (ix) service frequency no less than 6 buses 
                        per hour on all routes;
                            (x) at least 5 elements out of--
                                    (I) off board fare collection;
                                    (II) traffic signal priority;
                                    (III) turns prohibited across the 
                                busway;
                                    (IV) a system that includes 
                                multiple routes or is connected to an 
                                existing route;
                                    (V) stations separated by between 
                                0.2 and 0.5 miles;
                                    (VI) a fare system that can be 
                                integrated with other modes of 
                                transport; or
                                    (VII) platform level boarding; and
                            (xi) at least 10 elements out of--
                                    (I) multiple routes sharing 
                                corridors;
                                    (II) limited and express services;
                                    (III) a full service control 
                                center;
                                    (IV) location in 1 of the 
                                locality's top 10 demand corridors;
                                    (V) late night and weekend service;
                                    (VI) passing lanes at not less than 
                                60 percent of station stops;
                                    (VII) at least 80 percent of 
                                stations are located at least 100 feet 
                                from intersections;
                                    (VIII) physically connected center 
                                stations serving both directions of the 
                                bus rapid transit system;
                                    (IX) 90 percent of stations offer 
                                seating, are weather-protected, well-
                                lit, and at least 8 feet wide;
                                    (X) buses have at least 3 doors 
                                (for articulated buses) or 2 wide doors 
                                (for non-articulated buses) on the 
                                station side, including the system 
                                allowing for boarding at all doors;
                                    (XI) at least 2 substops or docking 
                                bays at the highest demand stations;
                                    (XII) all stations have sliding 
                                doors;
                                    (XIII) secure bicycle parking at 
                                least in higher-demand stations and 
                                standard bicycle racks elsewhere;
                                    (XIV) bicycle lanes on or parallel 
                                to 75 percent of the corridor;
                                    (XV) bicycle sharing available at 
                                50 percent or more of stations;
                                    (XVI) elimination or prohibition on 
                                parking minimums in the area of the 
                                system; and
                                    (XVII) service frequency of no less 
                                than 7 buses per hour on all routes;
                    (B) powers charging infrastructure with renewable 
                energy;
                    (C) uses labor standards at least as protective as 
                the labor standards described in section 5333 of title 
                49, United States Code; and
                    (D) meets domestic assembly qualifications for its 
                buses and charging equipment.
            (3) Domestic assembly qualifications.--The term ``domestic 
        assembly qualifications'' means, with respect to any qualifying 
        electric bus or charging equipment, that the final assembly of 
        such a bus or charger occurs at a plant, factory, or other 
        place which is located in the United States and operating under 
        a collective bargaining agreement negotiated by an employee 
        organization (as defined in section 412(c)(4)(B)(ii)(II) of the 
        Internal Revenue Code of 1986), determined in a manner 
        consistent with section 7701(a)(46) of such Code.
            (4) Economically disadvantaged community.--The term 
        ``economically disadvantaged community'' means an economically 
        disadvantaged community, including an environmental justice 
        community, an underserved community, or a community located in 
        an area of persistent poverty (as such term is defined in 
        section 101 of title 23, United States Code).
            (5) Platform level boarding.--The term ``platform level 
        boarding'' means a platform for boarding a bus that contains no 
        more than 0.5 inch vertical gap between the bus floor and the 
        station platform.
            (6) Renewable energy.--The term ``renewable energy'' means 
        solar, wind, geothermal, and tidal energy.
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