Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (IX)

Read part I of  Surface Transportation Reauthorization and Reform Act of 2015

SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

(a) In General- Title 49, United States Code, is amended by inserting after section 309 the following:

`Sec. 310. Aligning Federal environmental reviews

`(a) Coordinated and Concurrent Environmental Reviews- Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this section referred to as `NEPA').

`(b) Contents- The coordinated and concurrent environmental review and permitting process shall--

Follow the 1461

Like us on Facebook!

`(1) ensure that the Department and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;

`(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation's statement of a project's purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under a statute or Executive order; and

`(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency's environmental or permitting review in order to meet an agency of jurisdiction's obligations under a statute or Executive order.

`(c) Environmental Checklist-

`(1) IN GENERAL- Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project.

`(2) PURPOSE- The purpose of the checklist shall be to--

`(A) identify agencies of jurisdiction and cooperating agencies;

`(B) develop the information needed for the purpose and need and alternatives for analysis; and

`(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.

`(d) Interagency Collaboration-

`(1) IN GENERAL- Consistent with Federal environmental statutes, the Secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.

`(2) PURPOSE OF COLLABORATION SESSIONS- The interagency collaboration sessions shall ensure that agency staff is--

`(A) fully engaged;

`(B) utilizing the flexibility of existing regulations, policies, and guidance; and

`(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.

`(3) FOCUS OF COLLABORATION SESSIONS- The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to--

`(A) work with State and local transportation entities to improve project planning, siting, and application quality; and

`(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.

`(e) Performance Measurement- Not later than 1 year after the date of enactment of this section, the Secretary, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress towards aligning Federal reviews as outlined in this section.'.

(b) Conforming Amendment- The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 309 the following:

`310. Aligning Federal environmental reviews.'.

Subtitle D--Miscellaneous

SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND REHABILITATION.

(a) Tolling- Section 129(a) of title 23, United States Code, is amended--

(1) in paragraph (1)--

(A) in subparagraph (B) by striking `, bridge, or tunnel' each place it appears;

(B) in subparagraph (C) by striking `, bridge, or tunnel' each place it appears;

(C) by striking subparagraph (G);

(D) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H); and

(E) in subparagraph (G) as redesignated--

(i) by inserting `(HOV)' after `high occupancy vehicle'; and

(ii) by inserting `under section 166 of this title' after `facility';

(2) in paragraph (3)(A)--

(A) by striking `shall use' and inserting `shall ensure that'; and

(B) by inserting `are used' after `toll facility' the second place it appears; and

(3) by striking paragraph (4) and redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively.

(b) HOV Facilities- Section 166 of title 23, United States Code, is amended--

(1) in subsection (a)(1)--

(A) by striking the paragraph heading and inserting `authority of public authorities'; and

(B) by striking `State agency' and inserting `public authority';

(2) in subsection (b)--

(A) by striking `State agency' each place it appears and inserting `public authority';

(B) in paragraph (3)--

(i) by striking `and' at the end of subparagraph (A);

(ii) by striking the period at the end of subparagraph (B) and inserting `; and'; and

(iii) by inserting at the end the following:

`(C) provides equal access for all public transportation vehicles and over-the-road buses.'; and

(C) in paragraph (5)--

(i) in subparagraph (A) by striking `2017' and inserting `2021'; and

(ii) in subparagraph (B) by striking `2017' and inserting `2021';

(3) in subsection (c)--

(A) by amending paragraph (1) to read as follows:

`(1) IN GENERAL- Notwithstanding section 301, tolls may be charged under paragraphs (4) and (5) of subsection (b), subject to the requirements of section 129.';

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(C) by inserting after paragraph (2), as redesignated, the following:

`(3) EXEMPTION FROM TOLLS- In levying tolls on a facility under this section, a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles, if equal rates are charged for all public transportation vehicles and over-the-road buses, whether publicly or privately owned.';

(4) in subsection (d)--

(A) by striking `State agency' each place it appears and inserting `public authority';

(B) in paragraph (1)--

(i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;

(ii) by inserting after subparagraph (C) the following:

`(D) CONSULTATION OF MPO- If the facility is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, consulting with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility.';

(iii) in subparagraph (F), as redesignated--

(I) by striking `State' the first place it appears and inserting `public authority'; and

(II) by striking `subparagraph (D)' and inserting `subparagraph (E)'; and

(iv) by adding at the end the following:

`(G) WAIVER-

`(i) IN GENERAL- Upon the request of a public authority, the Secretary may waive the requirements of subparagraph (E) for a facility, and the corresponding program sanctions under subparagraph (F), if the Secretary determines that--

`(I) the waiver is in the best interest of the traveling public; and

`(II) the public authority has made a good faith effort to improve the performance of the facility.

`(ii) CONDITION- The Secretary may require, as a condition of issuance of a waiver under this subparagraph, that a public authority take additional actions, determined by the Secretary, to improve the performance of the facility.'; and

(5) in subsection (f)--

(A) in paragraph (4)(B)(iii) by striking `State agency' and inserting `public authority'; and

(B) by striking paragraph (5) and inserting after paragraph (4) the following:

`(5) OVER-THE-ROAD BUS- The term `over-the-road bus' means a vehicle as defined in section 301(5) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181(5)).

`(6) PUBLIC AUTHORITY- The term `public authority' as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility.'.

(c) Interstate System Reconstruction and Rehabilitation Pilot Program- Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended--

(1) in paragraph (4)--

(A) in subparagraph (D) by striking `and' at the end;

(B) in subparagraph (E) by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(F) the State has approved enabling legislation required for the project to proceed.';

(2) by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and

(3) by inserting after paragraph (5) the following:

`(6) REQUIREMENTS FOR PROJECT COMPLETION-

`(A) GENERAL TERM FOR EXPIRATION OF PROVISIONAL APPLICATION- An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not--

`(i) submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (4);

`(ii) completed the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project; and

`(iii) executed a toll agreement with the Secretary.

`(B) EXCEPTIONS TO EXPIRATION- Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by--

`(i) substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969;

`(ii) funding and financing commitments for the pilot project;

`(iii) expressions of support for the pilot project from State and local governments, community interests, and the public; and

`(iv) submission of a facility management plan pursuant to paragraph (3)(D).

`(C) CONDITIONS FOR PREVIOUSLY PROVISIONALLY APPROVED APPLICATIONS- A State with a provisionally approved application for a pilot project as of the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015 shall have 1 year after such date of enactment to meet the requirements of subparagraph (A) or receive an extension from the Secretary under subparagraph (B), or the application will expire.

`(7) DEFINITION- In this subsection, the term `provisional approval' or `provisionally approved' means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program.'.

(d) Approval of Applications- The Secretary may approve an application submitted under section 1604(c) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1253) if the application, or any part of the application, was submitted before the deadline specified in section 1604(c)(8) of that Act.

SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC ENFORCEMENT.

(a) Prohibition- Except as provided in subsection (b), for fiscal years 2016 through 2021, funds apportioned to a State under section 104(b)(3) of title 23, United States Code, may not be used to purchase, operate, or maintain an automated traffic enforcement system.

(b) Exception- Subsection (a) does not apply to an automated traffic enforcement system located in a school zone.

(c) Automated Traffic Enforcement System Defined- In this section, the term `automated traffic enforcement system' means any camera that captures an image of a vehicle for the purposes of traffic law enforcement.

SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE.

(a) In General- Section 164(a)(4) of title 23, United States Code, is amended--

(1) in the matter preceding subparagraph (A) by inserting `, or a combination of State laws,' after `a State law'; and

(2) by striking subparagraph (A) and inserting the following:

`(A) receive, for not less than 1 year--

`(i) a suspension of all driving privileges;

`(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock system installed (allowing for limited exceptions for circumstances when the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual); or

`(iii) a combination of both clauses (i) and (ii);'.

(b) Application- The amendments made by this section shall apply with respect to fiscal years beginning after the date of enactment of this Act.

SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.

(a) In General- Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

`(g) Highway Trust Fund Transparency and Accountability Reports-

`(1) COMPILATION OF DATA- The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

`(2) REQUIREMENTS- The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet Web site of the Department and can be searched and downloaded by users of the Web site.

`(3) CONTENTS OF REPORTS-

`(A) APPORTIONED AND ALLOCATED PROGRAMS- On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes--

`(i) the amount of funding obligated by each State, year-to-date, for the current fiscal year;

`(ii) the amount of funds remaining available for obligation by each State;

`(iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;

`(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary;

`(v) the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to--

`(I) program;

`(II) funding category or subcategory;

`(III) type of improvement;

`(IV) State; and

`(V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and

`(vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126.

`(B) PROJECT DATA- On an annual basis, the Secretary shall make available a report that, to the maximum extent possible, provides project-specific data describing--

`(i) for all projects funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration)--

`(I) the specific location of the project;

`(II) the total cost of the project;

`(III) the amount of Federal funding obligated for the project;

`(IV) the program or programs from which Federal funds have been obligated for the project;

`(V) the type of improvement being made; and

`(VI) the ownership of the highway or bridge; and

`(ii) for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction in excess of $100,000,000, the data specified under clause (i) and additional data describing--

`(I) whether the project is located in an area of the State with a population of--

`(aa) less than 5,000 individuals;

`(bb) 5,000 or more individuals but less than 50,000 individuals;

`(cc) 50,000 or more individuals but less than 200,000 individuals; or

`(dd) 200,000 or more individuals;

`(II) the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns; and

`(III) the amount of non-Federal funds obligated for the project.'.

(b) Conforming Amendment- Section 1503 of MAP-21 (23 U.S.C. 104 note; Public Law 112-141) is amended by striking subsection (c).

SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

(a) Identification of High Priority Corridors on National Highway System- Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended--

(1) by striking paragraph (13) and inserting the following:

`(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, North Carolina, to Norfolk, Virginia.';

(2) in paragraph (18)(D)--

(A) in clause (ii) by striking `and' at the end;

(B) in clause (iii) by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following:

`(iv) include Texas State Highway 44 from United States Route 59 at Freer, Texas, to Texas State Highway 358.';

(3) by striking paragraph (68) and inserting the following:

`(68) The Washoe County Corridor and the Intermountain West Corridor, which shall generally follow--

`(A) for the Washoe County Corridor, along Interstate Route 580/United States Route 95/United States Route 95A from Reno, Nevada, to Las Vegas, Nevada; and

`(B) for the Intermountain West Corridor, from the vicinity of Las Vegas, Nevada, north along United States Route 95 terminating at Interstate Route 80.'; and

(4) by adding at the end the following:

`(81) United States Route 117/Interstate Route 795 from United States Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina.

`(82) United States Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina.

`(83) The Sonoran Corridor along State Route 410 connecting Interstate Route 19 and Interstate Route 10 south of the Tucson International Airport.

`(84) The Central Texas Corridor commencing at the logical terminus of Interstate Route 10, generally following portions of United States Route 190 eastward, passing in the vicinity Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, and Woodville, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing.

`(85) Interstate Route 81 in New York from its intersection with Interstate Route 86 to the United States-Canadian border.

`(86) Interstate Route 70 from Denver, Colorado, to Salt Lake City, Utah.

`(87) The Oregon 99W Newberg-Dundee Bypass Route between Newberg, Oregon, and Dayton, Oregon.

`(88) Interstate Route 205 in Oregon from its intersection with Interstate Route 5 to the Columbia River.'.

(b) Inclusion of Certain Route Segments on Interstate System- Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended--

(1) by inserting `subsection (c)(13),' after `subsection (c)(9),';

(2) by striking `subsections (c)(18)' and all that follows through `subsection (c)(36)' and inserting `subsection (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of subsection (c)(26), subsection (c)(36)'; and

(3) by striking `and subsection (c)(57)' and inserting `subsection (c)(57), subsection (c)(68)(B), subsection (c)(81), subsection (c)(82), and subsection (c)(83)'.

(c) Designation- Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking the final sentence and inserting the following: `The routes referred to in subparagraphs (A) and (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are designated as Interstate Route I-11. The route referred to in subsection (c)(84) is designated as Interstate Route I-14.'.

(d) Future Interstate Designation- Section 119(a) of the SAFETEA-LU Technical Corrections Act of 2008 is amended by striking `and, as a future Interstate Route 66 Spur, the Natcher Parkway in Owensboro, Kentucky' and inserting `between Henderson, Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, Kentucky'.

SEC. 1406. FLEXIBILITY FOR PROJECTS.

(a) Authority- With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b) and on request by a State, the Secretary may--

(1) exercise all existing flexibilities under and exceptions to--

(A) the requirements of title 23, United States Code; and

(B) other requirements administered by the Secretary, in whole or part; and

(2) otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph (1).

(b) Maintaining Protections- Nothing in this section--

(1) waives the requirements of section 113 or 138 of title 23, United States Code;

(2) supersedes, amends, or modifies--

(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or

(B) any requirement of title 23 or title 49, United States Code; or

(3) affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.

SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate productive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code.

(b) Implementation- The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to--

(1) avoid unnecessary delays in completing projects;

(2) minimize cost overruns; and

(3) ensure the effective use of Federal funding.

SEC. 1408. CONSOLIDATION OF PROGRAMS.

Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking `From administrative funds' and all that follows through `shall be made available' and inserting `For each of fiscal years 2016 through 2021, before making an apportionment under section 104(b)(3) of title 23, United States Code, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 of such title for the fiscal year, $3,500,000'.

SEC. 1409. FEDERAL SHARE PAYABLE.

(a) Innovative Project Delivery Methods- Section 120(c)(3)(A)(ii) of title 23, United States Code, is amended by inserting `engineering or design approaches,' after `technologies,'.

(b) Emergency Relief- Section 120(e)(2) of title 23, United States Code, is amended by striking `Federal land access transportation facilities,' and inserting `other federally owned roads that are open to public travel,'.

SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

(a) Fundamental Properties of Asphalts Report- Section 6016(e) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2183) is repealed.

(b) Express Lanes Demonstration Program Reports- Section 1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.

SEC. 1411. TECHNICAL CORRECTIONS.

(a) Title 23- Title 23, United States Code, is amended as follows:

(1) Section 150(c)(3)(B) is amended by striking the semicolon at the end and inserting a period.

(2) Section 154(c) is amended--

(A) in paragraph (3)(A) by striking `transferred' and inserting `reserved'; and

(B) in paragraph (5)--

(i) in the matter preceding subparagraph (A) by inserting `or released' after `transferred'; and

(ii) in subparagraph (A) by striking `under section 104(b)(l)' and inserting `under section 104(b)(1)'.

(3) Section 164(b) is amended--

(A) in paragraph (3)(A) by striking `transferred' and inserting `reserved'; and

(B) in paragraph (5) by inserting `or released' after `transferred'.

(b) MAP-21- Effective as of July 6, 2012, and as if included therein as enacted, MAP-21 (Public Law 112-141) is amended as follows:

(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking `fourth' and inserting `fifth'.

(2) Section 1203 (126 Stat. 524) is amended--

(A) in subsection (a) by striking `Section 150 of title 23, United States Code, is amended to read as follows' and inserting `Title 23, United States Code, is amended by inserting after section 149 the following'; and

(B) in subsection (b) by striking `by striking the item relating to section 150 and inserting' and inserting `by inserting after the item relating to section 149'.

(3) Section 1313(a)(1) (126 Stat. 545) is amended to read as follows:

`(1) in the section heading by striking `pilot'; and'.

(4) Section 1314(b) (126 Stat. 549) is amended--

(A) by inserting `chapter 3 of' after `analysis for'; and

(B) by inserting a period at the end of the matter proposed to be inserted.

(5) Section 1519(c) (126 Stat. 575) is amended--

(A) by striking paragraph (3);

(B) by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively;

(C) in paragraph (7), as redesignated by subparagraph (B) of this paragraph--

(i) by striking the period at the end of the matter proposed to be struck; and

(ii) by adding a period at the end; and

(D) in paragraph (8)(A)(i)(I), as redesignated by subparagraph (B) of this paragraph, by striking `than rail' in the matter proposed to be struck and inserting `than on rail'.

(6) Section 1528 is amended--

(A) in subsection (b) by inserting `(or a lower percentage if so requested by a State with respect to a project)' after `100 percent'; and

(B) in subsection (c) by inserting `(or a lower percentage if so requested by a State with respect to a project)' after `100 percent'.

Read part X of  Surface Transportation Reauthorization and Reform Act of 2015

Join the conversation in the comments!
Read the 1461 Comment Guidelines.

1461 reaches over 1.5 Million People!