[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2859 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2859
To establish the Restoring Neighborhoods and Strengthening Communities
Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2021
Ms. Williams of Georgia introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish the Restoring Neighborhoods and Strengthening Communities
Program, 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 ``Restoring Neighborhoods and
Strengthening Communities Act''.
SEC. 2. RESTORING NEIGHBORHOODS AND STRENGTHENING COMMUNITIES PROGRAM.
(a) Definitions.--In this section:
(1) Capital construction grant.--The term ``capital
construction grant'' means a capital construction grant under
subsection (e).
(2) Community engagement, education, and capacity building
grant.--The term ``community engagement, education, and
capacity building grant'' means a community engagement,
education, and capacity building grant under subsection (c).
(3) Community land trust.--The term ``community land
trust'' means a nonprofit organization established or with the
responsibility, as applicable--
(A) to develop the real estate created by the
removal or capping of an infrastructural barrier; and
(B) to carry out anti-displacement or community
development strategies, including--
(i) affordable housing preservation and
development;
(ii) homeownership and property improvement
programs;
(iii) the development or rehabilitation of
park space or recreation facilities; and
(iv) community revitalization and economic
development projects.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous populations that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects, as compared to
other communities.
(5) Infrastructural barrier.--The term ``infrastructural
barrier'' means a highway (including a limited access highway),
a railway, a viaduct, a principal arterial facility, or any
other transportation facility for which the high speeds, grade
separation, or other design factors contribute to negative
health impacts on adjacent communities or create an obstacle to
connectivity, including--
(A) obstacles to walking, biking, and mobility;
(B) diminished access to destinations across the
infrastructural barrier; or
(C) barriers to the economic development of the
surrounding neighborhood.
(6) Planning and feasibility study grant.--The term
``planning and feasibility study grant'' means a planning and
feasibility study grant under subsection (e).
(7) Program.--The term ``program'' means the program
established under subsection (b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(9) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(b) Establishment.--
(1) In general.--The Secretary shall establish a program to
help communities--
(A) identify infrastructural barriers within the
community that--
(i) create obstacles to mobility or
economic development; or
(ii) expose the community to high levels of
particulate matter, noise pollution, and other
public health and safety risks;
(B) study the feasibility of improving, and develop
plans to improve, community connectivity, including
through--
(i) removal or retrofit of an
infrastructural barrier; or
(ii) construction or adaptive reuse of
facilities to mitigate the obstacle created by
the infrastructural barrier by enhancing
connectivity across the infrastructural
barrier;
(C) plan the redevelopment of any land made
available by the removal or retrofit of the
infrastructural barrier, with a focus on improvements
that will benefit the populations impacted by or
previously displaced by the infrastructural barrier;
(D) access funding to carry out the activities
described in subparagraphs (B) and (C); and
(E) require the equity of any activities carried
out under the program, including by garnering community
engagement, avoiding displacement, and ensuring local
participation in jobs created through those activities.
(2) Types of grants.--Under the program, the Secretary
shall award the following types of grants:
(A) Community engagement, education, and capacity
building grants.
(B) Planning and feasibility study grants.
(C) Capital construction grants.
(3) Multiple grants permitted.--An eligible entity may
apply for and receive funding from more than 1 type of grant
described in paragraph (2).
(c) Community Engagement, Education, and Capacity Building
Grants.--
(1) Eligible entities.--The Secretary may award a community
engagement, education, and capacity building grant to carry out
community engagement, education, and capacity building
activities described in paragraph (2) to--
(A) a unit of local government, a metropolitan
planning organization, or a group of local governments;
(B) a Tribal government or a consortium of Tribal
governments;
(C) a political subdivision of a State or local
government;
(D) a special purpose district or a public
authority with a transportation function; and
(E) a nonprofit organization.
(2) Eligible activities.--A community engagement and
capacity building activity referred to in paragraph (1)
includes an activity--
(A) to educate community members about
opportunities to affect transportation and economic
development planning and investment decisions;
(B) to build organizational or community capacity
to engage in transportation and economic development
planning;
(C) to identify community needs and desires for
community improvements;
(D) to develop community-driven solutions to local
challenges;
(E) to conduct assessments of equity, mobility and
access, environmental justice, affordability, economic
opportunity, health outcomes, and other local goals;
(F) to form a Community Advisory Board in
accordance with subsection (f); and
(G) to engage community members in scenario
planning.
(3) Federal share.--The Federal share of the cost of an
activity carried out with funds from a community engagement,
education, and capacity building grant may be up to 100
percent, at the discretion of the eligible entity.
(4) Limitation.--Of the amounts made available to carry out
this section each fiscal year, the Secretary may use not more
than 20 percent to award community engagement, education, and
capacity building grants.
(d) Planning and Feasibility Study Grants.--
(1) Eligible entities.--
(A) In general.--The Secretary may award a planning
and feasibility study grant to carry out planning
activities described in paragraph (2) to--
(i) a State or group of States;
(ii) a unit of local government, a
metropolitan planning organization, or a group
of local governments;
(iii) a Tribal government or a consortium
of Tribal governments;
(iv) a political subdivision of a State or
local government;
(v) a special purpose district or a public
authority with a transportation function;
(vi) a multi-State or multijurisdictional
group of public entities; and
(vii) a nonprofit organization.
(B) Partnerships.--In the case of an eligible
entity that is not the owner of the infrastructural
barrier that is the subject of the planning and
feasibility study grant, the eligible entity shall
demonstrate the existence of a partnership with the
owner of the infrastructural barrier.
(2) Eligible activities.--A planning activity referred to
in paragraph (1)(A) includes--
(A) development of designs and artistic renderings
to facilitate community engagement;
(B) traffic studies, nonmotorized accessibility
analyses, equity needs analyses, and collection of
other relevant data;
(C) planning studies to evaluate the feasibility of
removing or retrofitting an infrastructural barrier, or
the construction or constructive reuse of facilities to
mitigate the obstacle created by the infrastructural
barrier by enhancing connectivity across the
infrastructural barrier;
(D) public engagement activities to provide
opportunities for public input into a plan to remove,
convert, or mitigate an infrastructural barrier;
(E) environmental review, consultation, or other
action required under any Federal environmental law
relating to the review or approval of a project to
remove, retrofit, or mitigate an existing
infrastructural barrier;
(F) establishment of a community land trust; and
(G) other transportation planning activities
required in advance of a project to remove, retrofit or
mitigate an existing infrastructural barrier, as
determined by the Secretary.
(3) Priority.--In selecting eligible entities to receive a
planning and feasibility study grant, the Secretary shall give
priority to eligible entities that seek to carry out a traffic
study that includes consideration of--
(A) safety;
(B) health impacts;
(C) levels of single-occupancy vehicular travel;
(D) access to jobs and services; and
(E) levels of traffic stress.
(4) Federal share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of an activity carried out
with funds from a planning and feasibility study grant
shall be not more than 80 percent.
(B) Waiver.--The Secretary may waive the non-
Federal share requirement under subparagraph (A) if the
Secretary determines that the recipient of a grant
cannot meet the requirement due to financial hardship.
(e) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award a capital
construction grant to the owner of an infrastructural barrier
to carry out a project described in paragraph (3) for which all
necessary feasibility studies and other planning activities
have been completed.
(2) Partnerships.--For the purpose of submitting an
application for a capital construction grant, an owner of an
infrastructural barrier may, if applicable, partner with--
(A) a State or group of States;
(B) a unit of local government, a metropolitan
planning organization, or a group of local governments;
(C) a Tribal government or a consortium of Tribal
governments;
(D) a political subdivision of a State or local
government;
(E) a special purpose district or a public
authority with a transportation function;
(F) a multi-State or multijurisdictional group of
public entities; or
(G) a nonprofit organization.
(3) Eligible projects.--
(A) In general.--A project eligible to be carried
out with a capital construction grant includes--
(i) the removal of an infrastructural
barrier;
(ii) the retrofit of an infrastructural
barrier in a way that enhances community
connectivity and is sensitive to the context of
the surrounding community, including retrofits
to a highway to cap the facility or replace the
facility with an at-grade arterial roadway;
(iii) the construction or adaptive reuse of
facilities that improve connectivity across the
infrastructural barrier;
(iv) the replacement of an infrastructural
barrier with a new use or facility that has
been identified by members of the community;
and
(v) the construction of other
transportation improvements that address the
mobility needs of the community.
(B) Exclusion.--Funds from a capital construction
grant shall not be used on a project that increases net
capacity for vehicular travel.
(4) Priority for capital construction grants.--In selecting
eligible entities to receive a capital construction grant, the
Secretary shall give priority to eligible entities that--
(A) provide the majority of project benefits to 1
or more environmental justice communities;
(B) have entered into a community benefits
agreement with representatives of the community;
(C) have formed a Community Advisory Board under
subsection (f);
(D) have demonstrated a plan for improving transit
services, mobility for pedestrians and bicyclists, or
enhancing safety features for nonmotorists (as that
term is used in the Fatality Analysis Reporting System
of the National Highway Traffic Safety Administration);
(E) have demonstrated a plan for reducing
greenhouse gas emissions or improving air quality; or
(F) have demonstrated a plan for--
(i) employing residents in the area
impacted by the activity or project through
targeted hiring programs; and
(ii) contracting and subcontracting with
disadvantaged business enterprises.
(5) Requirements.--
(A) Community support.--In order to receive a
capital construction grant, the owner of the applicable
infrastructural barrier shall demonstrate that the
project is supported by the community in the immediate
vicinity of the project.
(B) Anti-displacement policy or community land
trust required.--In order to receive a capital
construction grant, the owner of the applicable
infrastructural barrier shall demonstrate that the
project serves a community in which an anti-
displacement policy or a community land trust is in
effect.
(C) Buy america.--A capital construction grant may
not be used to carry out an eligible project unless the
project complies with section 313 of title 23, United
States Code.
(6) Federal share.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of a project carried out with a capital
construction grant may be not more than 80 percent.
(B) Waiver.--The Secretary may waive the non-
Federal share requirement under subparagraph (A) if the
Secretary determines that the recipient of a grant
cannot meet the requirement due to financial hardship.
(C) Maximum federal involvement.--Federal
assistance other than a capital construction grant may
be used to satisfy the non-Federal share of the cost of
a project for which the grant is awarded.
(f) Community Advisory Board.--
(1) In general.--To help achieve inclusive economic
development benefits, an eligible entity may form a community
advisory board, which shall--
(A) facilitate community engagement with respect to
the activity or project proposed to be carried out; and
(B) track progress with respect to commitments of
the eligible entity to inclusive employment,
contracting, and economic development under the
activity or project.
(2) Membership.--If an eligible entity forms a community
advisory board under paragraph (1), the community advisory
board shall be composed of representatives of--
(A) residents in the immediate vicinity of the
project;
(B) owners of businesses that serve the community;
(C) labor organizations that represent workers that
serve the community; and
(D) State and local government.
(3) Collection of demographic information.--
(A) Collection.--The Secretary shall provide for
the collection of demographic information of the
membership of community advisory boards formed under
paragraph (1).
(B) Access to information.--The Secretary shall
establish appropriate procedures--
(i) to protect the personally identifying
information submitted under subparagraph (A);
and
(ii) to ensure that any information
collected under this paragraph is not included
when an application for a grant under this
section is examined.
(C) Report to congress.--The Secretary shall, on a
biennial basis, submit to Congress a report that--
(i) evaluates the information collected
under this paragraph; and
(ii) includes recommendations--
(I) to improve the diversity of
community advisory boards formed under
paragraph (1); and
(II) to improve data collection
under this paragraph.
(g) Study on Infrastructural Barriers.--
(1) In general.--The Secretary shall conduct a study--
(A) to identify communities across the United
States that have infrastructural barriers; and
(B) to measure the environmental, public health,
and economic harm done to the communities identified
under subparagraph (A) as a result of those
infrastructural barriers.
(2) Consultation.--In conducting the study under paragraph
(1), the Secretary shall consult with--
(A) State departments of transportation;
(B) units of local government, Tribal governments,
and metropolitan planning organizations that represent
jurisdictions impacted by infrastructural barriers; and
(C) special purpose districts and public
authorities with a transportation function.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and make publicly available a report describing the results of
the study conducted under paragraph (1).
(4) Map.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish an online
tool to map infrastructural barriers identified in the study
conducted under paragraph (1).
(h) Davis-Bacon.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors or
subcontractors on projects carried out in whole or in part
using a grant under the program shall be paid wages at rates
not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly known as the ``Davis-Bacon
Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(i) Administrative Costs.--For each fiscal year, the Secretary may
use not more than 2 percent of the amounts made available for the
program for the costs of administering the program.
(j) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) assesses the impacts and benefits of highway removals
on congestion, mobility, and safety in the project vicinity,
and the extent to which those impacts differ from projected
impacts;
(2) includes recommendations for how traffic forecasting
should--
(A) consider nonmotorized travel demand; and
(B) track and be updated in response to observed
travel behavior responses to changes in transportation
capacity and land use; and
(3) includes recommendations for how environmental reviews
for projects funded under the Federal-aid highway program
should consider, identify, and quantify, during project
development, any diminished access, including nonmotorized
access, that will result from the project.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out the program $3,000,000,000 for each of fiscal years
2022 through 2026.
(2) Environmental justice communities.--Of the amounts made
available under paragraph (1) for each fiscal year, not less
than 40 percent shall be directed towards environmental justice
communities.
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