[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9648 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9648
To establish, maintain, and expand frequent, reliable, interconnected
electric bus rapid transit service to expand racial, economic, and
environmental justice.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 21, 2022
Ms. Bush (for herself, Mr. Garcia 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. Sanchez, Mrs. Watson
Coleman, Mr. Takano, Mr. Cleaver, Mr. Brendan F. Boyle of Pennsylvania,
Mr. Cohen, Ms. Pingree, Mr. Nadler, Ms. Barragan, 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 Infrastructure
_______________________________________________________________________
A BILL
To establish, maintain, and expand frequent, reliable, interconnected
electric bus rapid transit service to expand racial, economic, and
environmental justice.
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 ``Bus Rapid Transit Act''.
SEC. 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.
SEC. 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).
SEC. 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.
SEC. 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.
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