HR 3999 - National Highway Bridge Reconstruction and Inspection Act of 2007

HR 3999

110th CONGRESS
1st Session

H. R. 3999

To amend title 23, United States Code, to improve the safety of Federal-aid highway bridges, to strengthen bridge inspection standards and processes, to increase investment in the reconstruction of structurally deficient bridges on the National Highway System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 30, 2007

Mr. OBERSTAR (for himself and Mr. DEFAZIO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

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 `National Highway Bridge Reconstruction and Inspection Act of 2007'.

SEC. 2. HIGHWAY BRIDGE PROGRAM.

(a) Bridges on Federal-Aid Highways-

(1) RISK-BASED PRIORITIZATION FOR REPLACEMENT AND REHABILITATION OF DEFICIENT BRIDGES- Section 144(b) of title 23, United States Code, is amended to read as follows:

`(b) Bridges on Federal-Aid Highways- The Secretary, in consultation with the States, shall--

`(1) inventory all bridges on Federal-aid highways that are bridges over waterways, other topographical barriers, other highways, and railroads;

`(2) identify each bridge inventoried under paragraph (1) that is structurally deficient or functionally obsolete;

`(3) assign a risk-based priority for replacement or rehabilitation of each such bridge after consideration of safety, serviceability, and essentiality for public use, including the potential impacts to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished; and

`(4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.'.

(2) PROCESS FOR ASSIGNING RISK-BASED PRIORITIES-

(A) DEADLINE FOR ESTABLISHMENT- After modifying national bridge inspection standards in accordance with the amendments made by section 3 and not later than 18 months after the date of enactment of this Act, the Secretary shall establish a process for assigning risk-based priorities under section 144(b)(3) of title 23, United States Code, as amended by paragraph (1) of this subsection.

(B) REPORT TO CONGRESS- Not later than 18 months 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 Environment and Public Works of the Senate a report containing a description of the process for assigning risk-based priorities established under subparagraph (A).

(i) PARTICIPATION OF NATIONAL ACADEMY OF SCIENCES- Not later than 18 months after the date of enactment of this Act, the Secretary shall enter into appropriate arrangements with the National Academy of Sciences to permit the Academy to conduct an independent review of the process for assigning risk-based priorities established under subparagraph (A).

(ii) REPORT TO CONGRESS- Not later than 2 years after the date of enactment of this Act, the Academy shall submit a report on the results of the review to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate.

(iii) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subparagraph $2,000,000 for fiscal year 2008. Such sums shall remain available until expended.

(b) Apportionment- Section 144(e) of such title is amended by adding at the end the following: `In this subsection, the term `deficient bridge' means a bridge that is structurally deficient or functionally obsolete.'.

`(5) REQUIREMENTS FOR STATE PARTICIPATION-

`(A) IN GENERAL- As a condition for providing assistance to a State under this section, the Secretary shall require the State--

`(i) not later than 2 years after the date of enactment of this paragraph, and at least once every 2 years thereafter (except as otherwise provided by section 151(d)), to inspect all highway bridges described in subsections (b) and (c) that are located in the State in accordance with the standards established under section 151 and provide updated information on such bridges to the Secretary for inclusion in the national bridge inventory;

`(ii) not later than 2 years after the date of enactment of this paragraph, and at least once every 2 years thereafter, to calculate the load rating for highway bridges located in the State that have a structural deficiency in a load-carrying member and ensure that the safe load-carrying capacities for such bridges are properly posted;

`(iii) to establish, not later than 2 years after the date of enactment of this paragraph, and update annually, a 5-year performance plan for--

`(I) the inspection of highway bridges described in subsections (b) and (c) that are located in the State; and

`(II) the rehabilitation and replacement of any of such bridges that are structurally deficient or functionally obsolete; and

`(iv) to establish and implement a bridge management system that complies with the standards established for such systems under section 151.

`(B) APPROVAL OF PERFORMANCE PLANS-

`(i) SUBMISSION TO THE SECRETARY- A State that establishes a 5-year performance plan under subparagraph (A)(iii) shall submit the plan and each update of the plan to the Secretary for approval.

`(ii) APPROVAL AND DISAPPROVAL- The Secretary shall approve or disapprove each 5-year performance plan and update submitted by a State under this subparagraph. If the Secretary disapproves a plan or update, the Secretary shall inform the State of the reasons for the disapproval and shall require the State to resubmit the plan or update with such modifications as the Secretary determines necessary.'.

(d) Information and Reports- Section 144(h) of such title (as redesignated by subsection (g)(1)(G) of this section) is amended to read as follows:

`(h) Information and Reports-

`(1) UPDATES OF INFORMATION- The Secretary shall annually revise, as necessary, the information required under subsections (b) and (c).

`(2) REPORTS TO CONGRESS- Concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing--

`(A) a description of projects and activities approved under this section;

`(B) the information updated under paragraph (1), including a description of the priority assigned, on a national basis and by State, for the replacement or rehabilitation of each structurally deficient or functionally obsolete bridge on a Federal-aid highway;

`(C) a description of any project or activity carried out by a State under this section in the preceding fiscal year that is inconsistent with the priorities assigned by the Secretary under subsection (b)(3); and

`(D) such recommendations as the Secretary may have for improvements of the program authorized by this section.'.

(e) Flexible Funding- Section 144 of such title is amended by inserting after subsection (r) (as redesignated by subsection (g)(1)(G) of this section) the following:

`(s) Flexible Funding- Notwithstanding section 126 or any other provision of law, a State may transfer funds apportioned to the State under this section for a fiscal year to another apportionment of funds to the State under this title only if the State demonstrates to the satisfaction of the Secretary that the State has no structurally deficient bridges on Federal-aid highways located in the State.'.

(f) Definitions- Section 144 of such title is further amended by adding at the end the following:

`(t) Definitions- In this section, the following definitions apply:

`(1) FUNCTIONALLY OBSOLETE- The term `functionally obsolete' as used with respect to a bridge means a bridge that no longer meets current design standards relating to geometrics, including roadway width, shoulder width, and approach alignment, for the traffic demands on the bridge.

`(2) STRUCTURALLY DEFICIENT- The term `structurally deficient' as used with respect to a bridge means a bridge that has--

`(A) significant load-carrying elements that are in poor or worse condition due to deterioration or damage, or both; or

`(B) a waterway opening that is insufficient to the point of causing significant traffic interruptions.

`(3) REHABILITATION- The term `rehabilitation' means major work necessary to restore the structural integrity of a bridge and work necessary to correct a major safety defect.

`(4) REPLACEMENT- The term `replacement' as used with respect to a structurally deficient or functionally obsolete bridge means a new facility constructed in the same general traffic corridor that meets the geometric, construction, and structural standards, in effect at the time of such construction, required for the types and volume of projected traffic of the facility over its design life.'.

(g) Technical Amendments-

(1) IN GENERAL- Section 144 of such title is amended--

replacement and rehabilitation

(B) in subsections (c)(1) and (e) by striking `Federal-aid system' each place it appears and inserting `Federal-aid highway';

(C) in subsections (c)(2) and (o) by striking `the Federal-aid system' each place it appears and inserting `Federal-aid highways';

(D) in the heading to paragraph (4) of subsection (d) by inserting `SYSTEMATIC' before `PREVENTIVE';

(E) in subsection (e) by striking `off-system bridges' each place it appears and inserting `bridges not on Federal-aid highways';

(F) by striking subsection (f);

(G) by redesignating subsections (g) through (s) as subsections (f) through (r), respectively;

(H) in paragraph (1)(A)(vi) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by inserting `, except that any unobligated funds remaining upon completion of the project under this clause shall be transferred to and used to carry out the project described in clause (vii)' after `Vermont';

(I) in paragraph (2) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by striking the paragraph heading and inserting `BRIDGES NOT ON FEDERAL-AID HIGHWAYS';

(J) in subsection (m) (as redesignated by subparagraph (G) of this paragraph) by striking the subsection heading and inserting `Program for Bridges Not on Federal-Aid Highways'; and

(K) in paragraph (4)(B) of subsection (n) (as redesignated by subparagraph (G) of this paragraph) by striking `State highway agency' and inserting `State transportation department'.

(2) CONFORMING AMENDMENTS-

(A) METROPOLITAN PLANNING- Section 104(f)(1) of such title is amended by striking `replacement and rehabilitation'.

(B) EQUITY BONUS PROGRAM- Subsections (a)(2)(C) and (b)(2)(C) of section 105 of such title are amended by striking `replacement and rehabilitation' each place it appears.

(C) ANALYSIS- The analysis for chapter 1 of such title is amended in the item relating to section 144 by striking `replacement and rehabilitation'.

(h) National Bridge Inventory- Not later than one year after the date of enactment of this Act, the Secretary shall take necessary actions to make information contained in the national bridge inventory established under section 144 of title 23, United States Code, more readily available to the public.

SEC. 3. NATIONAL BRIDGE INSPECTION PROGRAM.

(a) National Bridge Inspection Standards- Section 151(a) of title 23, United States Code, is amended by adding at the end the following: `The standards established under this subsection shall be designed to ensure uniformity among the States in the conduct of such inspections and evaluations.'.

(b) Minimum Requirements of Inspection Standards- Section 151(b) of title 23, United States Code, is amended--

(1) in paragraph (4) by striking `and' at the end;

(2) in paragraph (5) by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

`(6) establish procedures for conducting annual compliance reviews of State inspections, quality control and quality assurance procedures, load ratings, and weight limit postings of structurally deficient highway bridges; and

`(7) establish standards for State bridge management systems to improve the bridge inspection process and the quality of data collected and reported by the States to the Secretary for inclusion in the national bridge inventory.'.

(c) Training Program for All Bridge Inspectors- Section 151(c) of such title is amended by adding at the end the following: `The Secretary shall expand the scope of the training program to ensure that all persons conducting highway bridge inspections receive appropriate training and certification under the program.'.

(d) Frequency of Bridge Inspections- Section 151 of such title is amended----

(1) in subsection (b)(2) by inserting `in accordance with subsection (d)' before the semicolon;

(2) by redesignating subsection (d) as subsection (e); and

(3) by inserting after subsection (c) the following:

`(d) Frequency of Bridge Inspections-

`(1) IN GENERAL- Subject to paragraph (2), the standards established under subsection (a), at a minimum, shall provide for--

`(A) annual inspections of structurally deficient highway bridges using the best practicable technologies and methods;

`(B) annual hands-on inspections of fracture critical members, as such terms are defined in section 650.305 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); and

`(C) biennial inspections of highway bridges that have not been determined to be structurally deficient.

`(2) EXTENSIONS- Upon the request of a State, the Secretary may extend, to a maximum period of 4 years, the time between required inspections of a highway bridge that has not been determined to be structurally deficient if the Secretary determines that--

`(A) the extension is appropriate based on the age, design, traffic characteristics, and any known deficiency of the bridge;

`(B) the extension is consistent with the 5-year performance plan of the State approved under section 144(d)(5)(B); and

`(C) granting the extension will increase the overall safety of the State's bridge inventory.'.

(e) Qualifications of Program Managers and Team Leaders-

(1) REVISION OF REGULATIONS- Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall revise regulations contained in section 650.309 of title 23, Code of Federal Regulations, relating to the qualifications of State highway bridge inspection personnel, to require that, in addition to meeting the qualifications identified in such section (as in effect on the date of enactment of this Act)--

(A) an individual serving as the program manager of a State be a professional engineer licensed under the laws of that State; and

(B) an individual serving as a team leader for a State be a professional engineer licensed under the laws of that State or have at least 10 years of bridge inspection experience.

(2) APPLICABILITY- The additional qualification requirements specified in paragraphs (1)(A) and (1)(B) shall apply only to an individual selected by a State to serve as the program manager or a team leader after the date of issuance of revised regulations under paragraph (1).

(f) Effective Date- Not later than one year after the date of enactment of this Act, the Secretary shall modify national bridge inspection standards and modify the training program for bridge inspectors in accordance with the amendments made by this section.

SEC. 4. SURFACE TRANSPORTATION RESEARCH.

Section 502(d)(2) of title 23, United States Code, is amended--

(1) in the matter preceding subparagraph (A) by inserting `and enhance the safety' before `of bridge structures'; and

(2) in subparagraph (B) by inserting before the semicolon the following: `, including nondestructive tests to assess the structural integrity of facilities'.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to carry out section 144 of title 23, United States Code, $1,000,000,000 for each of fiscal years 2008 and 2009.

(b) Apportionment and Use of Funds- Funds appropriated pursuant to subsection (a)--

(1) shall be apportioned among the States under paragraphs (1) and (2) of section 144(e) of such title;

(2) shall be used for the replacement and rehabilitation of structurally deficient highway bridges on the National Highway System; and

(3) shall be available for obligation in the same manner as other funds apportioned under chapter 1 of such title, except that such funds shall not be transferable and shall remain available until expended.

(c) Limitation- None of the funds appropriated pursuant to subsection (a) may be earmarked by Congress or any Federal department or agency for a specific project or activity.

END