[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6052 Referred in Senate (RFS)]
2d Session
H. R. 6052
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2008
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To promote increased public transportation use, to promote increased
use of alternative fuels in providing public transportation, 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 ``Saving Energy Through Public
Transportation Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2007, people in the United States took more than
10.3 billion trips using public transportation, the highest
level in 50 years.
(2) Public transportation use in the United States is up 32
percent since 1995, a figure that is more than double the
growth rate of the Nation's population and is substantially
greater than the growth rate for vehicle miles traveled on the
Nation's highways for that same period.
(3) Public transportation use saves fuel, reduces
emissions, and saves money for the people of the United States.
(4) The direct petroleum savings attributable to public
transportation use is 1.4 billion gallons per year, and when
the secondary effects of transit availability on travel are
also taken into account, public transportation use saves the
United States the equivalent of 4.2 billion gallons of gasoline
per year (more than 11 million gallons of gasoline per day).
(5) Public transportation use in the United States is
estimated to reduce carbon dioxide emissions by 37 million
metric tons annually.
(6) An individual who commutes to work using a single
occupancy vehicle can reduce carbon dioxide emissions by 20
pounds per day (more than 4,800 pounds per year) by switching
to public transportation.
(7) Public transportation use provides an affordable
alternative to driving, as households that use public
transportation save an average of $6,251 every year.
(8) Although under existing laws Federal employees in the
National Capital Region receive transit benefits, transit
benefits should be available to all Federal employees in the
United States so that the Federal Government sets a leading
example of greater public transportation use.
(9) Public transportation stakeholders should engage and
involve local communities in the education and promotion of the
importance of utilizing public transportation.
(10) Increasing public transportation use is a national
priority.
SEC. 3. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.
(a) Authorizations of Appropriations.--
(1) Urbanized area formula grants.--In addition to amounts
allocated under section 5338(b)(2)(B) of title 49, United
States Code, to carry out section 5307 of such title, there is
authorized to be appropriated $750,000,000 for each of fiscal
years 2008 and 2009 to carry out such section 5307. Such funds
shall be apportioned, not later than 7 days after the date on
which the funds are appropriated, in accordance with section
5336 (other than subsections (i)(1) and (j)) of such title but
may not be combined or commingled with any other funds
apportioned under such section 5336.
(2) Formula grants for other than urbanized areas.--In
addition to amounts allocated under section 5338(b)(2)(G) of
title 49, United States Code, to carry out section 5311 of such
title, there is authorized to be appropriated $100,000,000 for
each of fiscal years 2008 and 2009 to carry out such section
5311. Such funds shall be apportioned, not later than 7 days
after the date on which the funds are appropriated, in
accordance with such section 5311 but may not be combined or
commingled with any other funds apportioned under such section
5311.
(b) Use of Funds.--Notwithstanding sections 5307 and 5311 of title
49, United States Code, the Secretary of Transportation may make grants
under such sections from amounts appropriated under subsection (a) only
for one or more of the following:
(1) If the recipient of the grant is reducing, or certifies
to the Secretary within the time the Secretary prescribes that,
during the term of the grant, the recipient will reduce one or
more fares the recipient charges for public transportation, or
in the case of subsection (f) of such section 5311, intercity
bus service, those operating costs of equipment and facilities
being used to provide the public transportation, or in the case
of subsection (f) of such section 5311, intercity bus service,
that the recipient is no longer able to pay from the revenues
derived from such fare or fares as a result of such reduction.
(2) If the recipient of the grant is expanding, or
certifies to the Secretary within the time the Secretary
prescribes that, during the term of the grant, the recipient
will expand public transportation service, or in the case of
subsection (f) of such section 5311, intercity bus service,
those operating and capital costs of equipment and facilities
being used to provide the public transportation service, or in
the case of subsection (f) of such section 5311, intercity bus
service, that the recipient incurs as a result of the expansion
of such service.
(3) To avoid increases in fares for public transportation,
or in the case of subsection (f) of such section 5311,
intercity bus service, or decreases in current public
transportation service, or in the case of subsection (f) of
such section 5311, intercity bus service, that would otherwise
result from an increase in costs to the public transportation
or intercity bus agency for transportation-related fuel or
meeting additional transportation-related equipment or facility
maintenance needs, if the recipient of the grant certifies to
the Secretary within the time the Secretary prescribes that,
during the term of the grant, the recipient will not increase
the fares that the recipient charges for public transportation,
or in the case of subsection (f) of such section 5311,
intercity bus service, or, will not decrease the public
transportation service, or in the case of subsection (f) of
such section 5311, intercity bus service, that the recipient
provides.
(4) If the recipient of the grant is acquiring, or
certifies to the Secretary within the time the Secretary
prescribes that, during the term of the grant, the recipient
will acquire, clean fuel or alternative fuel vehicle-related
equipment or facilities for the purpose of improving fuel
efficiency, the costs of acquiring the equipment or facilities.
(5) If the recipient of the grant is establishing or
expanding, or certifies to the Secretary within the time the
Secretary prescribes that, during the term of the grant, the
recipient will establish or expand commuter matching services
to provide commuters with information and assistance about
alternatives to single occupancy vehicle use, those
administrative costs in establishing or expanding such
services.
(c) Federal Share.--Notwithstanding any other provision of law, the
Federal share of the costs for which a grant is made under this section
shall be 100 percent.
(d) Period of Availability.--Funds appropriated under this section
shall remain available for a period of 2 fiscal years.
SEC. 4. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT COMPLIANCE.
Notwithstanding section 5323(i)(1) of title 49, United States Code,
a grant for a project to be assisted under chapter 53 of such title
during fiscal years 2008 and 2009 that involves acquiring clean fuel or
alternative fuel vehicle-related equipment or facilities for the
purposes of complying with or maintaining compliance with the Clean Air
Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the net
project cost of the equipment or facility attributable to compliance
with that Act unless the grant recipient requests a lower grant
percentage.
SEC. 5. TRANSPORTATION FRINGE BENEFITS.
(a) Requirement That Agencies Offer Transit Pass Transportation
Fringe Benefits to Their Employees Nationwide.--
(1) In general.--Section 3049(a)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (5 U.S.C. 7905 note; 119 Stat. 1711) is
amended--
(A) by striking ``Effective'' and all that follows
through ``each covered agency'' and inserting ``Each
agency''; and
(B) by inserting ``at a location in an urbanized
area of the United States that is served by fixed route
public transportation'' before ``shall be offered''.
(2) Conforming amendments.--Section 3049(a) of such Act (5
U.S.C. 7905 note; 119 Stat. 1711) is amended--
(A) in paragraph (3)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (A) through (E),
respectively; and
(B) in paragraph (4) by striking ``a covered
agency'' and inserting ``an agency''.
(b) Benefits Described.--Section 3049(a)(2) of such Act (5 U.S.C.
7905 note; 119 Stat. 1711) is amended by striking the period at the end
and inserting the following: ``, except that the maximum level of such
benefits shall be the maximum amount which may be excluded from gross
income for qualified parking as in effect for a month under section
132(f)(2)(B) of the Internal Revenue Code of 1986.''.
(c) Guidance.--Section 3049(a) of such Act (5 U.S.C. 7905 note; 119
Stat. 1711) is amended by adding at the end the following:
``(5) Guidance.--
``(A) Issuance.--Not later than 60 days after the
date of enactment of this paragraph, the Secretary of
Transportation shall issue guidance on nationwide
implementation of the transit pass transportation
fringe benefits program under this subsection.
``(B) Uniform application.--
``(i) In general.--The guidance to be
issued under subparagraph (A) shall contain a
uniform application for use by all Federal
employees applying for benefits from an agency
under the program.
``(ii) Required information.--As part of
such an application, an employee shall provide,
at a minimum, the employee's home and work
addresses, a breakdown of the employee's
commuting costs, and a certification of the
employee's eligibility for benefits under the
program.
``(iii) Warning against false statements.--
Such an application shall contain a warning
against making false statements in the
application.
``(C) Independent verification requirements.--The
guidance to be issued under subparagraph (A) shall
contain independent verification requirements to ensure
that, with respect to an employee of an agency--
``(i) the eligibility of the employee for
benefits under the program is verified by an
official of the agency;
``(ii) employee commuting costs are
verified by an official of the agency; and
``(iii) records of the agency are checked
to ensure that the employee is not receiving
parking benefits from the agency.
``(D) Program implementation requirements.--The
guidance to be issued under subparagraph (A) shall
contain program implementation requirements applicable
to each agency to ensure that--
``(i) benefits provided by the agency under
the program are adjusted in cases of employee
travel, leave, or change of address;
``(ii) removal from the program is included
in the procedures of the agency relating to an
employee separating from employment with the
agency; and
``(iii) benefits provided by the agency
under the program are made available using an
electronic format (rather than using paper fare
media) where such a format is available for
use.
``(E) Enforcement and penalties.--The guidance to
be issued under subparagraph (A) shall contain a
uniform administrative policy on enforcement and
penalties. Such policy shall be implemented by each
agency to ensure compliance with program requirements,
to prevent fraud and abuse, and, as appropriate, to
penalize employees who have abused or misused the
benefits provided under the program.
``(F) Periodic reviews.--The guidance to be issued
under subparagraph (A) shall require each agency, not
later than September 1 of the first fiscal year
beginning after the date of enactment of this
paragraph, and every 3 years thereafter, to develop and
submit to the Secretary a review of the agency's
implementation of the program. Each such review shall
contain, at a minimum, the following:
``(i) An assessment of the agency's
implementation of the guidance, including a
summary of the audits and investigations, if
any, of the program conducted by the Inspector
General of the agency.
``(ii) Information on the total number of
employees of the agency that are participating
in the program.
``(iii) Information on the total number of
single occupancy vehicles removed from the
roadway network as a result of participation by
employees of the agency in the program.
``(iv) Information on energy savings and
emissions reductions, including reductions in
greenhouse gas emissions, resulting from
reductions in single occupancy vehicle use by
employees of the agency that are participating
in the program.
``(v) Information on reduced congestion and
improved air quality resulting from reductions
in single occupancy vehicle use by employees of
the agency that are participating in the
program.
``(vi) Recommendations to increase program
participation and thereby reduce single
occupancy vehicle use by Federal employees
nationwide.
``(6) Reporting requirements.--Not later than September 30
of the first fiscal year beginning after the date of enactment
of this paragraph, and every 3 years thereafter, the Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Oversight and Government
Reform of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on
nationwide implementation of the transit pass transportation
fringe benefits program under this subsection, including a
summary of the information submitted by agencies pursuant to
paragraph (5)(F).''.
(d) Effective Date.--Except as otherwise specifically provided, the
amendments made by this section shall become effective on the first day
of the first fiscal year beginning after the date of enactment of this
Act.
SEC. 6. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
and implement a pilot program to carry out vanpool demonstration
projects in not more than 3 urbanized areas and not more than 2 other
than urbanized areas.
(b) Pilot Program.--
(1) In general.--Notwithstanding section 5323(i) of title
49, United States Code, for each project selected for
participation in the pilot program, the Secretary shall allow
the non-Federal share provided by a recipient of assistance for
a capital project under chapter 53 of such title to include the
amounts described in paragraph (2).
(2) Conditions on acquisition of vans.--The amounts
referred to in paragraph (1) are any amounts expended by a
private provider of public transportation by vanpool for the
acquisition of vans to be used by such private provider in the
recipient's service area, excluding any amounts the provider
may have received in Federal, State, or local government
assistance for such acquisition, if the private provider enters
into a legally binding agreement with the recipient that
requires the private provider to use all revenues it receives
in providing public transportation in such service area, in
excess of its operating costs, for the purpose of acquiring
vans to be used by the private provider in such service area.
(c) Program Term.--The Secretary may approve an application for a
vanpool demonstration project for fiscal years 2008 through 2009.
(d) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing an assessment of the costs, benefits, and
efficiencies of the vanpool demonstration projects.
SEC. 7. INCREASED FEDERAL SHARE FOR END-OF-LINE FIXED GUIDEWAY
STATIONS.
Notwithstanding section 5309(h) of title 49, United States Code, a
grant for a capital project to be assisted under section 5309 of such
title during fiscal years 2008 and 2009 that involves the acquisition
of real property for, or the design, engineering, or construction of,
additional parking facilities at an end-of-line fixed guideway station
or at a park-and-ride lot that serves a fixed route commuter bus route
that is more than 20 miles in length shall be for 100 percent of the
net capital cost of the project unless the grant recipient requests a
lower grant percentage.
SEC. 8. NATIONAL CONSUMER AWARENESS PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out a
national consumer awareness program to educate the public on the
environmental, energy, and economic benefits of public transportation
alternatives to the use of single occupancy vehicles.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2009.
Such sums shall remain available until expended.
SEC. 9. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S. C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting ``(a)
Requirement.--Except as provided in subsection (b), no Federal
agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal agency
from entering into a contract to purchase a generally available fuel
that is not an alternative or synthetic fuel or predominantly produced
from a nonconventional petroleum source, if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to use or
increase its use of fuel from a nonconventional petroleum
source.''.
Passed the House of Representatives June 26, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk.