S.Amdt. 4938Senate110th Congress (2007-2009)

S.Amdt. 4938

What it does: Rewrites section 611
Submitted June 5, 2008

What it changes

1 change to S. 3036

Rewrites a provision
  1. Rewrites section 611

    Replaces

    Removes section 611.

    Inserted: SEC. 611. PUBLIC TRANSPORTATION AND TRANSPORTATION ALTERNATIVES.

    Inserted: (a) Transportation Sector Emission Reduction Fund.--There is established in the Treasury of the United States a fund, to be known as the "Transportation Sector Emission Reduction Fund".

    Inserted: (b) Auction of Allowances.--In accordance with subsections (c) and (d), to fund awards for transportation alternatives including public transportation and related activities, for each of calendar years 2012 through 2050, the Administrator shall auction a quantity of the emission allowances established pursuant to section 201(a) for each calendar year.

    Inserted: (c) Number; Frequency.--For each calendar year during the period described in subsection (b), the Administrator shall--

    Inserted: (1) conduct not fewer than 4 auctions; and

    Inserted: (2) schedule the auctions in a manner to ensure that--

    Inserted: (A) each auction takes place during the period beginning 330 days before, and ending 60 days before, the beginning of each calendar year; and

    Inserted: (B) the interval between each auction is of equal duration.

    Inserted: (d) Quantities of Emission Allowances Auctioned.--For each calendar year of the period described in subsection (b), the Administrator shall auction a quantity of emission allowances in accordance with the applicable percentages described in the following table:

    Inserted: ------------------------------------------------------------------------Percentage for auction for public Calendar Year transportation and transportation alternatives 2012................................................. 1 2013................................................. 1 2014................................................. 1 2015................................................. 1 2016................................................. 1 2017................................................. 1 2018................................................. 2 2019................................................. 2 2020................................................. 2 2021................................................. 2 2022................................................. 2.75 2023................................................. 2.75 2024................................................. 2.75 2025................................................. 2.75 2026................................................. 2.75 2027................................................. 2.75 2028................................................. 2.75 2029................................................. 2.75 2030................................................. 2.75 2031................................................. 2.75 2032................................................. 2.75 2033................................................. 2.75 2034................................................. 2.75 2035................................................. 2.75 2036................................................. 2.75 2037................................................. 2.75 2038................................................. 2.75 2039................................................. 2.75 2040................................................. 2.75 2041................................................. 2.75 2042................................................. 2.75 2043................................................. 2.75 2044................................................. 2.75 2045................................................. 2.75 2046................................................. 2.75 2047................................................. 2.75 2048................................................. 2.75 2049................................................. 2.75 2050................................................. 2.75

    Inserted: (e) Deposits.--The Administrator shall deposit all proceeds of auctions conducted pursuant to subsections (b) and (c), immediately on receipt of those proceeds, in the Transportation Sector Emission Reduction Fund established by subsection (a).

    Inserted: (f) Use of Funds.--For each of calendar years 2012 through 2050, all funds deposited in the Transportation Sector Emission Reduction Fund in the preceding year pursuant to subsection (e) shall be made available, without further appropriation or fiscal year limitation, for grants described in subsections (g) through (i).

    Show 42 more inserted paragraphs

    Inserted: (g) Grants to Provide for Additional and Improved Public Transportation Service.--

    Inserted: (1) In general.--Of the funds deposited in the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 65 percent shall be distributed to designated recipients (as defined in section 5307(a) of title 49, United States Code) to maintain or improve public transportation and associated measures through activities eligible under that section, including--

    Inserted: (A) planning activities;

    Inserted: (B) transit enhancements, including pedestrian and bicycle infrastructure;

    Inserted: (C) improvements to lighting, heating, cooling, or ventilation systems in stations and other facilities that reduce direct or indirect greenhouse gas emissions;

    Inserted: (D) adjustments to signal timing or other vehicle controlling systems that reduce direct or indirect greenhouse gas emissions;

    Inserted: (E) purchasing or retrofitting rolling stock to improve efficiency or reduce greenhouse gas emissions; and

    Inserted: (F) improvements to energy distribution systems.

    Inserted: (2) Distribution.--Of the proceeds of auctions conducted under this section, the Administrator shall distribute under paragraph (1)--

    Inserted: (A) 60 percent in accordance with the formulas contained in subsections (a) through (c) of section 5336 of title 49, United States Code; and

    Inserted: (B) 40 percent in accordance with the formula contained in section 5340 of that title.

    Inserted: (3) Terms and conditions.--A grant provided under this subsection shall be to reduce direct or indirect greenhouse gas emissions and be subject to the terms and conditions applicable to a grant provided under section 5307 of title 49, United States Code.

    Inserted: (4) Cost share.--The Federal share of cost of carrying out an activity using a grant under this subsection shall be determined in accordance with section 5307(e) of title 49, United States Code.

    Inserted: (h) Grants for Construction of New Public Transportation Projects.--

    Inserted: (1) In general.--Of the funds deposited in the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 30 percent shall be distributed to State and local government authorities, for design, engineering, and construction of new fixed guideway transit projects or extensions to existing fixed guideway transit systems.

    Inserted: (2) Applications.--Applications for grants under this subsection shall be reviewed according to the process and criteria established under section 5309(c) of title 49, United States Code, for major capital investments and section 5309(d) of title 49, United States Code for other projects.

    Inserted: (3) Terms and conditions.--Grant funds awarded under this subsection shall be subject to the terms and conditions applicable to a grant made under section 5309 of title 49, United States Code.

    Inserted: (i) Grants for Transportation Alternatives and Travel Demand Reduction Projects.--

    Inserted: (1) In general.--Of the funds deposited into the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 5 percent shall be awarded to designated recipients (as defined in section 5307(a) of title 49, United States Code) or State or local government authorities, including regional planning organizations and Metropolitan Planning Organizations, to assist in reducing the direct and indirect greenhouse gas emissions of the systems of the regional transportation sector, through--

    Inserted: (A) programs to reduce vehicle miles traveled;

    Inserted: (B) bicycle and pedestrian infrastructure, including trail networks integrated with transportation plans or bicycle mode-share targets;

    Inserted: (C) programs to establish or expand telecommuting or car pool projects that do not include new roadway capacity;

    Inserted: (D) transportation and land-use scenario analyses and stakeholder engagement to support development of integrated transportation plans; and

    Inserted: (E) improvements in travel and land-use data collection and in travel models to better measure greenhouse gas emissions and emissions reductions.

    Inserted: (2) Distribution of funds.--

    Inserted: (A) In general.--In determining the recipients of grants under this subsection, applications shall be evaluated based on the total direct and indirect greenhouse gas emissions reductions that are projected to result from the project and projected reductions as a percentage of the total direct and indirect emissions of an entity using methods developed and promulgated by the Administrator, in concert with the Secretary of Transportation.

    Inserted: (B) Methods.--The methods described in subparagraph (A) shall be promulgated not later than 24 months after the date of enactment of this Act.

    Inserted: (3) Government share of costs.--The Federal share of the cost of an activity funded using amounts made available under this subsection may not exceed 80 percent of the cost of the activity.

    Inserted: (4) Terms and conditions.--Except to the extent inconsistent with the terms of this subsection, grant funds awarded under this subsection shall be subject to the terms and conditions applicable to a grant made under section 5307 of title 49, United States Code.

    Inserted: (j) Condition for Receipt of Funds.--To be eligible to receive funds under this section, projects or activities must be part of an integrated State-wide, regional, or local transportation plan that shall--

    Inserted: (1) include all modes of surface transportation;

    Inserted: (2) utilize integrated transportation data collection, monitoring, planning, and modeling methods that consider land use and account for non-motorized and sub-zone trips;

    Inserted: (3) report every three years on estimated direct and indirect transportation sector greenhouse gas emissions;

    Inserted: (4) be designed to reduce greenhouse gas emissions from the transportation sector through setting specific reduction targets, managing motor vehicle usage; and

    Inserted: (5) be certified by the Administrator as consistent with the purposes of this Act.

    Inserted: (k) Transportation Sector Technical Capacity and Standards.--

    Inserted: (1) Study.--Not later than 180 days after the date of enactment of this Act, to maximize greenhouse gas emission reductions from the transportation sector--

    Inserted: (A) the National Academy of Sciences Transportation Research Board shall submit to the Administrator and the Secretary of Transportation a report containing recommendations for improving research and tools to assess the effect of transportation plans and land use plans on motor vehicle usage rates and transportation sector greenhouse gas emissions; and

    Inserted: (B) the Comptroller General of the United States shall submit to the Administrator and the Secretary of Transportation a report describing any shortcomings of current government data sources necessary--

    Inserted: (i) to assess greenhouse gas emissions from the transportation sector; and

    Inserted: (ii) to establish plans and policies to effectively reduce greenhouse gas emissions from the transportation sector.

    Inserted: (2) Technical standards.--Not later than 2 years after the date of enactment of this Act, based on any recommendations contained in the reports submitted under paragraph (1), the Administrator and the Secretary of Transportation shall promulgate standards for transportation data collection, monitoring, planning, and modeling.

    Original wording

    Strike section 611, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4938. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 611, and insert the following:

SEC. 611. PUBLIC TRANSPORTATION AND TRANSPORTATION ALTERNATIVES.

(a) Transportation Sector Emission Reduction Fund.--There is established in the Treasury of the United States a fund, to be known as the “Transportation Sector Emission Reduction Fund”.

(b) Auction of Allowances.--In accordance with subsections (c) and (d), to fund awards for transportation alternatives including public transportation and related activities, for each of calendar years 2012 through 2050, the Administrator shall auction a quantity of the emission allowances established pursuant to section 201(a) for each calendar year.

(c) Number; Frequency.--For each calendar year during the period described in subsection (b), the Administrator shall--

(1) conduct not fewer than 4 auctions; and

(2) schedule the auctions in a manner to ensure that--

(A) each auction takes place during the period beginning 330 days before, and ending 60 days before, the beginning of each calendar year; and

(B) the interval between each auction is of equal duration.

(d) Quantities of Emission Allowances Auctioned.--For each calendar year of the period described in subsection (b), the Administrator shall auction a quantity of emission allowances in accordance with the applicable percentages described in the following table:

------------------------------------------------------------------------Percentage for auction for public Calendar Year transportation and transportation alternatives

------------------------------------------------------------------------

2012................................................. 1

2013................................................. 1

2014................................................. 1

2015................................................. 1

2016................................................. 1

2017................................................. 1

2018................................................. 2

2019................................................. 2

2020................................................. 2

2021................................................. 2

2022................................................. 2.75

2023................................................. 2.75

2024................................................. 2.75

2025................................................. 2.75

2026................................................. 2.75

2027................................................. 2.75

2028................................................. 2.75

2029................................................. 2.75

2030................................................. 2.75

2031................................................. 2.75

2032................................................. 2.75

2033................................................. 2.75

2034................................................. 2.75

2035................................................. 2.75

2036................................................. 2.75

2037................................................. 2.75

2038................................................. 2.75

2039................................................. 2.75

2040................................................. 2.75

2041................................................. 2.75

2042................................................. 2.75

2043................................................. 2.75

2044................................................. 2.75

2045................................................. 2.75

2046................................................. 2.75

2047................................................. 2.75

2048................................................. 2.75

2049................................................. 2.75

2050................................................. 2.75

------------------------------------------------------------------------

(e) Deposits.--The Administrator shall deposit all proceeds of auctions conducted pursuant to subsections (b) and (c), immediately on receipt of those proceeds, in the Transportation Sector Emission Reduction Fund established by subsection (a).

(f) Use of Funds.--For each of calendar years 2012 through 2050, all funds deposited in the Transportation Sector Emission Reduction Fund in the preceding year pursuant to subsection (e) shall be made available, without further appropriation or fiscal year limitation, for grants described in subsections (g) through (i).

(g) Grants to Provide for Additional and Improved Public Transportation Service.--

(1) In general.--Of the funds deposited in the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 65 percent shall be distributed to designated recipients (as defined in section 5307(a) of title 49, United States Code) to maintain or improve public transportation and associated measures through activities eligible under that section, including--

(A) planning activities;

(B) transit enhancements, including pedestrian and bicycle infrastructure;

(C) improvements to lighting, heating, cooling, or ventilation systems in stations and other facilities that reduce direct or indirect greenhouse gas emissions;

(D) adjustments to signal timing or other vehicle controlling systems that reduce direct or indirect greenhouse gas emissions;

(E) purchasing or retrofitting rolling stock to improve efficiency or reduce greenhouse gas emissions; and

(F) improvements to energy distribution systems.

(2) Distribution.--Of the proceeds of auctions conducted under this section, the Administrator shall distribute under paragraph (1)--

(A) 60 percent in accordance with the formulas contained in subsections (a) through (c) of section 5336 of title 49, United States Code; and

(B) 40 percent in accordance with the formula contained in section 5340 of that title.

(3) Terms and conditions.--A grant provided under this subsection shall be to reduce direct or indirect greenhouse gas emissions and be subject to the terms and conditions applicable to a grant provided under section 5307 of title 49, United States Code.

(4) Cost share.--The Federal share of cost of carrying out an activity using a grant under this subsection shall be determined in accordance with section 5307(e) of title 49, United States Code.

(h) Grants for Construction of New Public Transportation Projects.--

(1) In general.--Of the funds deposited in the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 30 percent shall be distributed to State and local government authorities, for design, engineering, and construction of new fixed guideway transit projects or extensions to existing fixed guideway transit systems.

(2) Applications.--Applications for grants under this subsection shall be reviewed according to the process and criteria established under section 5309(c) of title 49, United States Code, for major capital investments and section 5309(d) of title 49, United States Code for other projects.

(3) Terms and conditions.--Grant funds awarded under this subsection shall be subject to the terms and conditions applicable to a grant made under section 5309 of title 49, United States Code.

(i) Grants for Transportation Alternatives and Travel Demand Reduction Projects.--

(1) In general.--Of the funds deposited into the Transportation Sector Emission Reduction Fund each year pursuant to subsection (e), 5 percent shall be awarded to designated recipients (as defined in section 5307(a) of title 49, United States Code) or State or local government authorities, including regional planning organizations and Metropolitan Planning Organizations, to assist in reducing the direct and indirect greenhouse gas emissions of the systems of the regional transportation sector, through--

(A) programs to reduce vehicle miles traveled;

(B) bicycle and pedestrian infrastructure, including trail networks integrated with transportation plans or bicycle mode-share targets;

(C) programs to establish or expand telecommuting or car pool projects that do not include new roadway capacity;

(D) transportation and land-use scenario analyses and stakeholder engagement to support development of integrated transportation plans; and

(E) improvements in travel and land-use data collection and in travel models to better measure greenhouse gas emissions and emissions reductions.

(2) Distribution of funds.--

(A) In general.--In determining the recipients of grants under this subsection, applications shall be evaluated based on the total direct and indirect greenhouse gas emissions reductions that are projected to result from the project and projected reductions as a percentage of the total direct and indirect emissions of an entity using methods developed and promulgated by the Administrator, in concert with the Secretary of Transportation.

(B) Methods.--The methods described in subparagraph (A) shall be promulgated not later than 24 months after the date of enactment of this Act.

(3) Government share of costs.--The Federal share of the cost of an activity funded using amounts made available under this subsection may not exceed 80 percent of the cost of the activity.

(4) Terms and conditions.--Except to the extent inconsistent with the terms of this subsection, grant funds awarded under this subsection shall be subject to the terms and conditions applicable to a grant made under section 5307 of title 49, United States Code.

(j) Condition for Receipt of Funds.--To be eligible to receive funds under this section, projects or activities must be part of an integrated State-wide, regional, or local transportation plan that shall--

(1) include all modes of surface transportation;

(2) utilize integrated transportation data collection, monitoring, planning, and modeling methods that consider land use and account for non-motorized and sub-zone trips;

(3) report every three years on estimated direct and indirect transportation sector greenhouse gas emissions;

(4) be designed to reduce greenhouse gas emissions from the transportation sector through setting specific reduction targets, managing motor vehicle usage; and

(5) be certified by the Administrator as consistent with the purposes of this Act.

(k) Transportation Sector Technical Capacity and Standards.--

(1) Study.--Not later than 180 days after the date of enactment of this Act, to maximize greenhouse gas emission reductions from the transportation sector--

(A) the National Academy of Sciences Transportation Research Board shall submit to the Administrator and the Secretary of Transportation a report containing recommendations for improving research and tools to assess the effect of transportation plans and land use plans on motor vehicle usage rates and transportation sector greenhouse gas emissions; and

(B) the Comptroller General of the United States shall submit to the Administrator and the Secretary of Transportation a report describing any shortcomings of current government data sources necessary--

(i) to assess greenhouse gas emissions from the transportation sector; and

(ii) to establish plans and policies to effectively reduce greenhouse gas emissions from the transportation sector.

(2) Technical standards.--Not later than 2 years after the date of enactment of this Act, based on any recommendations contained in the reports submitted under paragraph (1), the Administrator and the Secretary of Transportation shall promulgate standards for transportation data collection, monitoring, planning, and modeling.

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Senate amendment submitted

June 5, 2008