[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1299
To permit the Secretary of Transportation to approve Federal
participation in the replacement or rehabilitation of certain bridges,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2021
Mr. Higgins of Louisiana (for himself and Mr. Krishnamoorthi)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To permit the Secretary of Transportation to approve Federal
participation in the replacement or rehabilitation of certain bridges,
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 ``Fixing America's Bridges Act''.
SEC. 2. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Highway bridge replacement and rehabilitation''; and
(2) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation Program.--
``(1) Participation.--On application by a State or States
to the Secretary for assistance for one or more highway bridges
that have been determined to be eligible for replacement or
rehabilitation under subsection (b), the Secretary may approve
Federal participation in--
``(A) replacing a bridge with a comparable
facility; or
``(B) rehabilitating a bridge.
``(2) Types of assistance.--On application by a State or
States to the Secretary, the Secretary may approve Federal
assistance for any of the following activities for a highway
bridge that has been determined to be eligible for replacement
or rehabilitation under subsection (b):
``(A) Painting.
``(B) Seismic retrofit.
``(C) Systematic preventive maintenance.
``(D) Installation of scour countermeasures.
``(E) Application of calcium magnesium acetate,
sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing
compositions.
``(3) Basis for determination.--The Secretary shall
determine the eligibility of highway bridges for replacement or
rehabilitation for each State based on highway bridges found to
be in poor condition in the State.
``(4) Special rule for preventive maintenance.--
Notwithstanding any other provision of this subsection, a State
may carry out a project under paragraph (2)(B), (2)(C), or
(2)(D) for a highway bridge without regard to whether the
bridge is eligible for replacement or rehabilitation under this
section.
``(5) Apportionment.--
``(A) In general.--Funds authorized to carry out
this section shall be apportioned among the several
States on October 1 of the fiscal year for which
authorized in accordance with this subsection.
``(B) Categories of deficiency.--Each deficient
bridge shall be placed into one of the following
categories:
``(i) Federal-aid system bridges eligible
for replacement.
``(ii) Federal-aid system bridges eligible
for rehabilitation.
``(iii) Off-system bridges eligible for
replacement.
``(iv) Off-system bridges eligible for
rehabilitation.
``(C) Calculation of apportionment.--
``(i) In general.--The deck area of
deficient bridges in each category shall be
multiplied by the respective unit price on a
State-by-State basis, as determined by the
Secretary, and the total cost in each State
divided by the total cost of the deficient
bridges in all States shall determine the
apportionment factors.
``(ii) Determinations.--The Secretary shall
make determinations under clause (i) using the
latest available data, which shall be updated
annually.
``(D) Special rule for apportionment.--If a State
transfers funds apportioned to the State under this
section in a fiscal year beginning after September 30,
2019, to any other apportionment of funds to such State
under this title, the total cost of deficient bridges
in such State and in all States to be determined for
the succeeding fiscal year shall be reduced by the
amount of such transferred funds.
``(E) Limitation of apportionment.--No State shall
receive more than 10 percent or less than 0.25 percent
of the total apportionment for any one fiscal year.
``(F) Availability of funds.--Funds apportioned
under this section shall be available for expenditure
for the period specified in section 118(b).
``(G) Reapportionment of funds.--Any funds not
obligated at the expiration of the period described in
subparagraph (F) shall be reapportioned by the
Secretary to the other States in accordance with this
subsection.
``(H) Special rule for use of funds.--The use of
funds authorized under this section to carry out a
project for the seismic retrofit of a bridge shall not
affect the apportionment of funds under this section.
``(6) Set-aside for off-system bridges.--
``(A) In general.--Not less than 20 percent of the
amount apportioned to each State in each fiscal year
shall be expended for projects to replace,
rehabilitate, paint, perform systematic preventive
maintenance or seismic retrofit of, or apply calcium
magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and deicing compositions to, or install scour
countermeasures to, highway bridges located on public
roads, other than those on a Federal-aid highway.
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditure for bridges not
on a Federal-aid highway under subparagraph (A) with
respect to the State if the Secretary determines that
the State has inadequate needs to justify the
expenditure.
``(7) Inventories and reports.--The Secretary shall--
``(A) biennially report to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on projects approved under
this section;
``(B) annually revise the current inventories
authorized by subsection (b) of this section;
``(C) biennially report to such committees on such
inventories; and
``(D) biennially report to such committees such
recommendations as the Secretary may have for
improvements of the program authorized by this section.
``(8) Fair and equitable basis.--Sums apportioned to a
State under this section shall be made available for obligation
throughout such State on a fair and equitable basis.
``(9) Periodic review of application procedures.--
``(A) In general.--Not later than 6 months after
the date of enactment of this subsection, and
periodically thereafter, the Secretary shall review the
procedure used in approving or disapproving
applications submitted under this section to determine
what changes, if any, may be made to expedite such
procedure.
``(B) Implementation of changes.--The Secretary
shall implement the changes determined under
subparagraph (A) as soon as possible.
``(C) Report to congress.--Not later than 9 months
after the date of enactment of this subsection, the
Secretary shall submit a report to Congress which
describes such review and such changes, including any
recommendations for legislative changes.
``(10) Credit for bridges not on federal-aid highways.--
``(A) In general.--Notwithstanding any other
provision of law, with respect to any project not on a
Federal-aid highway for the replacement of a bridge or
rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds
under this section, is noncontroversial, is certified
by the State to have been carried out in accordance
with all standards applicable to such projects under
this section, and is determined by the Secretary upon
completion to be no longer a deficient bridge any
amount expended after the date of enactment of this
subsection from State and local sources for the project
in excess of 20 percent of the cost of construction of
the project may be credited to the non-Federal share of
the cost of other bridge projects in the State that are
eligible for Federal funds under this section.
``(B) Crediting.--Crediting described under
subparagraph (A) shall be conducted in accordance with
procedures established by the Secretary.
``(11) Definitions.--In this section:
``(A) The term `rehabilitate' means performing
major work necessary to restore the structural
integrity of a bridge as well as work necessary to
correct a major safety defect.
``(B) The term `rehabilitation' means major work
necessary to restore the structural integrity of a
bridge as well as work necessary to correct a major
safety defect.
``(12) Federal share.--Notwithstanding section 120, the
Federal share of the cost of a project carried out under this
subsection shall be 90 percent.
``(13) Treatment of off-system bridge projects.--
Notwithstanding any other provision of law, off-system bridge
projects funded in whole, or in part, under paragraphs (5) or
(6) shall be treated as projects on a Federal-aid highway under
this chapter.
``(14) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Highway bridge replacement and rehabilitation.''.
(c) Surface Transportation Block Grant Program.--Section 133(f) of
title 23, United States Code, is repealed.
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