117 HR 9648 IH: Bus Rapid Transit Act U.S. House of Representatives 2022-12-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 9648IN THE HOUSE OF REPRESENTATIVESDecember 21, 2022Ms. Bush (for herself, Mr. García 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. Sánchez, Mrs. Watson Coleman, Mr. Takano, Mr. Cleaver, Mr. Brendan F. Boyle of Pennsylvania, Mr. Cohen, Ms. Pingree, Mr. Nadler, Ms. Barragán, 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 InfrastructureA BILLTo establish, maintain, and expand frequent, reliable, interconnected electric bus rapid transit service to expand racial, economic, and environmental justice.

1.

Short title

This Act may be cited as the Bus Rapid Transit Act.

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.

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).

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.

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.