Transportation Connections to Opportunity Act of 2014 - Requires the metropolitan transportation planning process to offer interested parties a reasonable opportunity to participate in the development and consideration of transportation scenarios in a metropolitan planning area. Includes as a national transportation goal an interconnected transportation system which connects people to jobs, schools, and other essential services through a multimodal network. Authorizes the Secretary of Transportation to establish a performance measure for use by metropolitan planning organizations in assessing the degree to which a transportation system provides multimodal connections to opportunity, particularly for transportation-disadvantaged populations.
Directs the Secretary to: (1) establish a pilot program in which not more than 10 metropolitan planning organizations develop and deploy measures and targets to improve multimodal connectivity and increase connections for populations with limited transportation options; (2) create and maintain data sets and analysis tools to assist metropolitan planning organizations, states, and the Department of Transportation (DOT) in carrying out performance management analyses; and (3) carry out a broadband infrastructure initiative to expand right-of-way use to accommodate broadband infrastructure (buried or aerial facilities that provide wired or wireless connections to enable users to send and receive data) and improve broadband access in unserved and underserved areas.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5591
To enhance transportation programs in order to connect people to jobs,
schools, and other essential services through a multimodal
transportation network, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Ms. Fudge introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To enhance transportation programs in order to connect people to jobs,
schools, and other essential services through a multimodal
transportation network, and for other purposes.
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 ``Transportation Connections to
Opportunity Act of 2014''.
SEC. 2. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT.
(a) Section 134 Amendment.--Section 134(i) of title 23, United
States Code, is amended--
(1) in paragraph (4), by inserting after subparagraph (C)
the following:
``(D) Public involvement.--Metropolitan planning
organizations shall offer interested parties, such as
those described in paragraph (6), a reasonable
opportunity to participate in the development and
consideration of scenarios.''; and
(2) in paragraph (6)(A), by striking ``comment on the
transportation plan'' and inserting ``provide input during the
development and implementation of the transportation plan''.
(b) Section 135 Amendment.--Section 135(f)(3)(A)(ii) of title 23,
United States Code, is amended by striking ``comment on the
transportation plan''; and inserting ``provide input during the
development of the transportation plan''.
(c) Section 5303 Amendment.--Section 5303(i) of title 49, United
States Code, is amended--
(1) in paragraph (4), by inserting after subparagraph (C)
the following:
``(D) Public involvement.--Metropolitan planning
organizations shall offer interested parties, such as
those described in paragraph (6), a reasonable
opportunity to participate in the development and
consideration of different scenarios.''; and
(2) in paragraph (6), by striking ``comment on the
transportation plan'' and inserting ``provide input during the
development and implementation of the transportation plan''.
(d) Section 5304 Amendment.--Section 5304(f)(3)(A)(ii) of title 49,
United States Code, is amended by striking ``comment on the proposed
plan''; and inserting ``provide input during the development of the
transportation plan''.
SEC. 3. CONNECTION TO OPPORTUNITY NATIONAL GOAL AND POTENTIAL
PERFORMANCE MEASURE.
(a) Transportation Connections to Opportunity.--Section 150(b) of
title 23, United States Code, is amended--
(1) in paragraph (2), by striking ``highway infrastructure
asset system'' and inserting ``infrastructure asset system
under this title''; and
(2) by adding at the end the following:
``(8) Multimodal connectivity.--To achieve an
interconnected transportation system which connects people to
jobs, schools, and other essential services through a
multimodal network.''.
(b) Establishment of Performance Measures.--Section 150(c) of title
23, United States Code, is amended--
(1) in paragraph (1), by inserting ``as listed in
paragraphs (3), (4), (5), and (6)'' before the period; and
(2) by adding the following at the end:
``(7) Multimodal freight.--The Secretary may, in accordance
with the national freight strategic plan under section 167,
establish performance measures to assess the efficiency of the
multimodal freight network.
``(8) Transportation connectivity.--The Secretary may, in
accordance with the framework established in section 134,
establish a performance measure to be used by metropolitan
planning organizations to assess the degree to which the
transportation system provides multimodal connections to
opportunity, particularly for transportation-disadvantaged
populations.''.
SEC. 4. MEASURING TRANSPORTATION CONNECTIVITY PILOT ACTIVITIES.
(a) Title 23.--Section 134 of title 23, United States Code, is
further amended by inserting at the end, the following:
``(r) Measuring Transportation Connections to Opportunity.--
``(1) Connection to opportunity pilot program.--
``(A) Establishment.--The Secretary shall establish
a pilot program in which not more than 10 metropolitan
planning organizations shall develop and deploy 1 or
more pilot measures and targets to improve multimodal
connectivity and increase connections for disadvantaged
Americans and neighborhoods with limited transportation
options.
``(B) Pilot locations.--The Secretary shall select
not more than 10 metropolitan planning organizations in
not more than 10 locations, each of which is the sole
metropolitan planning organization serving an urbanized
area of more than 1,000,000 residents, which shall
include--
``(i) metropolitan planning organizations
that have demonstrated previous successful use
of performance measurements and performance-
based planning efforts, which the Secretary
shall designate as mentor grantees; and
``(ii) metropolitan planning organizations
that have limited or no successful previous
experience in performance measurements and
performance-based planning efforts, which the
Secretary shall designate as novice grantees.
``(C) Pilot program activities.--
``(i) Transportation connectivity
inventory.--Not later than 6 months after
selection as a pilot location, and in
consultation with appropriate States, transit
agencies, and local governments, metropolitan
planning organizations in pilot locations, the
selected metropolitan planning organization
shall develop an inventory of transportation
assets within such organization's metropolitan
planning area which describes--
``(I) the condition of key highway,
transit, bicycle, and pedestrian
facilities;
``(II) the degree to which these
facilities provide residents with
connections to opportunity;
``(III) the identity and location
of transportation-disadvantaged
populations within the planning area;
and
``(IV) local challenges to
multimodal connectivity, such as zoning
or land use issues, availability of
affordable housing, and physical
barriers that obstruct access from
residential areas to opportunity.
``(ii) Performance measures.--Not later
than 1 year after selection as a pilot
location, a metropolitan planning organization
in such pilot location shall apply the baseline
data it developed in clause (i) to adopt 1 or
more provisional measures to assess multimodal
connectivity improvements in the transportation
system, including measurements of multimodal
connectivity improvements available to
transportation-disadvantaged populations
identified in clause (i)(III) and appropriate
to local assets and needs.
``(iii) Data collection and reporting.--A
metropolitan planning organization selected as
a pilot location shall collect baseline and
annual performance data on multimodal
transportation connectivity to opportunity and
report these data to the Secretary throughout
the duration of the pilot project.
``(iv) Knowledge-sharing.--A metropolitan
planning organization designated as a mentor
grantee shall engage in knowledge-sharing
activities with novice grantees to the extent
feasible, which may include peer exchanges and
technical assistance.
``(v) Project implementation.--
``(I) Notwithstanding section 120,
a metropolitan planning organization
may use funds remaining after the
completion of the transportation
connectivity inventory, development of
provisional measures, and related
tracking activities to pay the non-
Federal share to implement projects
within the metropolitan planning area
described in subclause (II).
``(II) The projects referred to in
subclause (I) are projects that are
reasonably anticipated to address
system gaps and improve performance
according to the locally adopted
provisional multimodal transportation
connectivity measures.
``(2) National performance measure development
activities.--The Secretary shall reserve not more than
$9,000,000 of the amount authorized for this subsection for the
4-year period beginning in fiscal year 2015 for use on
evaluation of multimodal connectivity measures developed by
metropolitan planning organizations in pilot locations, and to
consider development of a national indicator to measure the
multimodal connections to opportunity provided by the
transportation network, including the following activities:
``(A) National technical assistance and peer
exchange forums.--The Secretary shall support the
measure development and data collection of metropolitan
planning organizations in pilot locations through
technical assistance and peer exchanges, and through
workshops with States, transit agencies, and
metropolitan planning organizations to discuss pilot
program findings, and establish an online collaboration
center for local jurisdictions to share ideas and
challenges, and document lessons learned.
``(B) Connection to opportunity final report.--At
the end of the pilot program, the Secretary shall issue
a final report in consultation with the Secretary of
the Department of Housing and Urban Development, the
Secretary of the Department of Commerce and the
Administrator of the Environmental Protection Agency,
and after seeking public comment. The report shall
document the outcomes of the pilot program and make
recommendations on the establishment of 1 or more
national multimodal connectivity measures, and shall
include--
``(i) the results of the efforts of the
pilot program to measure and improve multimodal
connectivity;
``(ii) the Secretary's recommendations for
1 or more national connectivity measures and
integrating them into the Federal
transportation performance management
framework, in accordance with section 150; and
``(iii) an assessment of social outcomes
and impacts that may result from the pilot
measures as well as estimated savings to
Federal, State, and local social service
subsidy programs, as well as other costs
avoided and new tax revenues attributable to
increased connectivity.
``(C) Potential rulemaking.--After publication of
the final report under subparagraph (B), the Secretary,
in consultation with State departments of
transportation, metropolitan planning organizations,
and other stakeholders, may issue a rulemaking that
establishes performance measures and standards as
described in section 150(c)(8).
``(3) Definitions.--For purposes of this subsection--
``(A) the term `opportunity' means jobs, schools,
and health care services; and
``(B) the term `transportation-disadvantaged' means
an individual who faces challenges in securing or
accessing transportation due to age, disability, or
income constraints, including lack of access to
transportation or a private vehicle.''.
(b) Title 49.--Section 5303 of title 49, United States Code, is
amended by inserting at the end, the following:
``(r) Measuring Transportation Connections to Opportunity.--
``(1) Connection to opportunity pilot program.--
``(A) Establishment.--The Secretary shall establish
a pilot program in not more than 10 metropolitan
planning organizations shall develop and deploy 1 or
more pilot measures and targets to improve multimodal
connectivity and increase connections for
transportation-disadvantaged and neighborhoods with
limited transportation options.
``(B) Pilot locations.--The Secretary shall select
not more than 10 metropolitan planning organizations in
not more than 10 locations, each of which is the sole
metropolitan planning organization serving an urbanized
area of more than 1,000,000 residents, which shall
include--
``(i) metropolitan planning organizations
that have demonstrated previous successful use
of performance measurements and performance-
based planning efforts, which the Secretary
shall designate as mentor grantees; and
``(ii) metropolitan planning organizations
that have limited or no successful previous
experience in performance measurements and
performance-based planning efforts, which the
Secretary shall designate as novice grantees.
``(C) Pilot program activities.--
``(i) Transportation connectivity
inventory.--Not later than 6 months after
selection as a pilot location, and in
consultation with appropriate States, transit
agencies, and local governments, metropolitan
planning organizations in pilot locations, the
selected metropolitan planning organization
shall develop an inventory of transportation
assets within such organization's metropolitan
planning area which describes--
``(I) the condition of key highway,
transit, bicycle, and pedestrian
facilities;
``(II) the degree to which these
facilities provide residents with
connections to opportunity;
``(III) the identity and location
of transportation-disadvantaged
populations within the planning area;
and
``(IV) local challenges to
multimodal connectivity, such as zoning
or land use issues, availability of
affordable housing, and physical
barriers that obstruct access from
residential areas to opportunity.
``(ii) Performance measures.--Not later
than 1 year after selection as a pilot
location, a metropolitan planning organization
in such pilot location shall apply the baseline
data it developed in clause (i) to adopt 1 or
more provisional measures to assess multimodal
connectivity improvements in the transportation
system, including measurements of multimodal
connectivity improvements available to
transportation-disadvantaged populations
identified in clause (i)(III) and appropriate
to local assets and needs.
``(iii) Data collection and reporting.--A
metropolitan planning organization selected as
a pilot location shall collect baseline and
annual performance data on multimodal
transportation connectivity to opportunity and
report these data to the Secretary throughout
the duration of the pilot project.
``(iv) Knowledge-sharing.--A metropolitan
planning organization designated as a mentor
grantee shall engage in knowledge-sharing
activities with novice grantees to the extent
feasible, which may include peer exchanges and
technical assistance.
``(v) Project implementation.--
``(I) Notwithstanding section 120,
a metropolitan planning organization
may use funds remaining after the
completion of the transportation
connectivity inventory, development of
provisional measures, and related
tracking activities to pay the non-
Federal share to implement projects
within the metropolitan planning area
described in subclause (II).
``(II) The projects referred to in
subclause (I) are projects that are
reasonably anticipated to address
system gaps and improve performance
according to the locally adopted
provisional multimodal transportation
connectivity measures.
``(2) National performance measure development
activities.--The Secretary shall reserve not more than
$9,000,000 of the amount authorized for this subsection for the
4-year period beginning in fiscal year 2015 for use on
evaluation of multimodal connectivity measures developed by
metropolitan planning organizations in pilot locations, and to
consider development of a national indicator to measure the
multimodal connections to opportunity provided by the
transportation network, including the following activities:
``(A) National technical assistance and peer
exchange forums.--The Secretary shall support the
measure development and data collection of metropolitan
planning organizations in pilot locations through
technical assistance and peer exchanges, and through
workshops with States, transit agencies, and
metropolitan planning organizations to discuss pilot
program findings, and establish an online collaboration
center for local jurisdictions to share ideas and
challenges, and document lessons learned.
``(B) Connection to opportunity final report.--At
the end of the pilot program under this subsection, the
Secretary shall issue a final report in consultation
with the Secretary of Housing and Urban Development,
the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, and after seeking
public comment. The report shall document the outcomes
of the pilot program and make recommendations on the
establishment of 1 or more national multimodal
connectivity measures, and shall include--
``(i) the results of the efforts of the
pilot locations to measure and improve
multimodal connectivity;
``(ii) the Secretary's recommendations for
1 or more national connectivity measures and
integrating them into the Federal
transportation performance management framework
in accordance with section 150; and
``(iii) an assessment of social outcomes
and impact that may result from the pilot
measures as well as estimated savings to
Federal, State, and local social service
subsidy programs, as well as other costs
avoided and new tax revenues attributable to
increased connectivity.
``(C) Potential rulemaking.--Not later than 2 years
after the publication of the final report under
subparagraph (B), the Secretary, in consultation with
State departments of transportation, metropolitan
planning organizations, and other stakeholders, may
issue a rulemaking that establishes performance
measures and standards.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `opportunity' means jobs, schools,
and health care services; and
``(B) the term `transportation-disadvantaged' means
an individual who faces challenges in securing or
accessing transportation due to age, disability, or
income constraints, including lack of access to
transportation or a private vehicle.''.
SEC. 5. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) Performance Management Data Support Program.--Section 150 of
title 23, United States Code, is amended by inserting at the end the
following:
``(f) Performance Management Data Support.--To assist metropolitan
planning organizations, States, and the Department in carrying out
performance management analyses, including the performance management
requirements of this chapter, the Secretary shall create and maintain
data sets and data analysis tools. Such sets and tools may include--
``(1) collecting and distributing vehicle probe data
describing traffic on the National Highway System;
``(2) collecting data regarding household travel behavior
in crossing local jurisdictional boundaries;
``(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related data;
``(4) enhancing existing data analysis tools to improve
performance predictions in reports described in subsection (e)
of this section or section 5405 of title 49; and
``(5) developing tools to improve performance analysis and
evaluate the effects of project investments on performance.''.
(b) Federal Share.--Section 120 of such title is amended by adding
at the end the following:
``(l) Performance Management Data Support Program.--The Federal
share payable for an activity developed under the performance
management data support program under section 150(f) shall be 100
percent of the cost of the activity.''.
SEC. 6. MULTIMODAL ACCOMMODATIONS.
(a) Design Standards.--Section 109 of title 23, United States Code,
is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``may take into account''
and inserting ``shall take into account''; and
(ii) by striking paragraph (1)(C) and
inserting the following:
``(C) access and safety for users of all
foreseeable modes of transportation.''; and
(B) in paragraph (2), by striking ``may develop''
and inserting ``shall develop''; and
(2) in subsection (m), by--
(A) striking ``and light motorcycles''; and
(B) inserting ``, safe, convenient, and
continuous'' before ``alternate route''.
(b) Transportation Alternatives.--
(1) Federal share.--Section 120 of title 23, United States
Code, is amended by adding at the end the following:
``(m) Transportation Alternatives Program.--The Federal share
requirements under this section applicable to the transportation
alternatives program under section 213 may be met based on--
``(1) an individual project or activity under that section;
or
``(2) a program of projects or activities approved under
subsection (c)(6)(B) of that section.''.
(2) Reservation of funds.--Section 213 of such title is
amended in subsection (a)(1) by striking ``of fiscal years 2013
and 2014'' and inserting ``fiscal year''.
(3) Eligible entities.--Section 213(c)(4)(B) of such title
is amended by--
(A) redesignating clauses (vi) and (vii) as clauses
(viii) and (ix); and
(B) inserting after clause (v) the following:
``(vi) a nonprofit organization;
``(vii) a metropolitan planning
organization (except in the case of a
competitive process carried out by such
metropolitan planning organization under
subparagraph (A));''.
(4) Program of projects.--Section 213(c) of such title is
further amended by adding at the end the following:
``(6) Program of projects.--Funds may be obligated under
this section for--
``(A) a project or activity eligible under
subsection (b); or
``(B) a program of projects or activities eligible
under that subsection.
``(7) Administration.--
``(A) Submission of project agreement.--For each
fiscal year, each State shall submit a project
agreement that--
``(i) certifies that the State will meet
all the requirements of this section; and
``(ii) notifies the Secretary of the amount
of obligations needed to carry out the program
under this section.
``(B) Request for adjustments of amounts.--Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in
subparagraph (A)(ii) as the State determines to be
necessary.
``(C) Effect of approval by the secretary.--
Approval by the Secretary of a project agreement under
subparagraph (A) shall be deemed a contractual
obligation of the United States to pay funds made
available under this title.''.
SEC. 7. ESTABLISHMENT OF A BROADBAND INFRASTRUCTURE INITIATIVE.
(a) In General.--The Secretary shall carry out a broadband
infrastructure initiative to expand right-of-way use to accommodate
broadband infrastructure and improve broadband access in unserved and
underserved areas.
(b) Requirements.--The Secretary shall require each State to meet
the following requirements:
(1) State broadband infrastructure needs.--Each State
department of transportation shall--
(A) identify the broadband infrastructure needs of
the State in coordination with other State and local
agencies and the Federal Responder Network Authority
established in section 6204 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1424);
(B) designate a broadband utility coordinator to
incorporate such needs into future Federal-aid highway
projects as described in paragraph (2);
(C) provide an online system for any broadband
infrastructure entity to register for inclusion in
efforts to address such needs as described in such
paragraph; and
(D) include broadband infrastructure entities in
transportation plans and programs described in sections
134 and 135 of title 23, United States Code.
(2) Broadband infrastructure coordination plan.--Each State
department of transportation shall--
(A) implement a plan based on the needs described
in paragraph (1)(A) to promote the installation of
broadband infrastructure in rights-of-way;
(B) target such installation in unserved and
underserved areas;
(C) minimize repeated excavations in rights-of-way
through coordination described in paragraph (1)(B); and
(D) coordinate, to the extent practicable, such
deployment with other telecommunications and local land
use and transportation plans.
(3) Right-of-way access.--Notwithstanding any other
provision of law--
(A) Each State department of transportation shall--
(i) consider new technology and
construction practices to promote the safe and
efficient accommodation of broadband
infrastructure in rights-of-way;
(ii) permit the broadband utility
coordinator to authorize any broadband
infrastructure entity to install broadband
infrastructure in rights-of-way; and
(iii) ensure that authorized broadband
infrastructure entities have access to rights-
of-way without charge for installation,
operation, and maintenance of broadband
infrastructure; and
(B) each State department of transportation may--
(i) restrict such access in the interest of
safety; and
(ii) designate any longitudinal area to
accommodate broadband infrastructure.
(c) State Flexibility.--A State meeting the requirements under
subsection (b) may use funds authorized for the surface transportation
program under section 133 of title 23, United States Code, and the
national highway performance program under section 119 of such title,
to install broadband infrastructure as part of a Federal-aid highway
project located in an unserved or underserved area, and the broadband
infrastructure may be used to support nontransportation purposes in
addition to transportation purposes.
(d) Definitions.--For purposes of this section:
(1) The term ``broadband infrastructure'' means buried or
aerial facilities that provide wired or wireless connections to
enable users to send and receive data.
(2) The term ``broadband infrastructure entity'' means any
entity that installs, owns, or operates broadband
infrastructure and provides services to members of the public.
(3) The term ``broadband utility coordinator'' means an
individual responsible for coordinating the broadband
infrastructure needs of the State with Federal-aid highway
projects.
(4) The term ``Federal-aid highway'' has the same meaning
given such term in section 101(a)(6) of title 23, United States
Code.
(5) The term ``longitudinal area'' means the area along the
length of a highway.
(6) The term ``project'' has the same meaning given that
term in section 101(a)(18) of title 23, United States Code.
(7) The terms ``right-of-way'' and ``rights-of-way'' mean
real property, or interest therein, acquired, dedicated, or
reserved for the construction, operation, and maintenance of a
Federal-aid highway.
(8) The term ``State'' means any of the States, the
District of Columbia, or the Commonwealth of Puerto Rico, that
receive funds under title 23, United States Code.
(9) The term ``underserved area'' means an area in which--
(A) 50 percent or less of households have access to
the minimum broadband speed;
(B) no provider offers service speeds of at least 3
Mbps; or
(C) 40 percent or less of the households choose to
subscribe to a broadband service.
(10) The term ``unserved area'' means an area that does not
have access to broadband services at speeds of at least 768
Kbps download/200 Kbps upload.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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