To reduce traffic congestion, promote economic development, and improve the quality of life in the metropolitan Washington region.

July 24, 2003

Mr. MORAN of Virginia introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To reduce traffic congestion, promote economic development, and improve the quality of life in the metropolitan Washington region.

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 `Metropolitan Washington Regional Transportation Act'.

SEC. 2. FINDINGS.

Congress finds that--

(1) congestion is a serious problem in the metropolitan Washington region, as evidenced by recent studies that have found that congestion costs each man, woman, and child in the region close to $655 per year (or an average of $1,595 per year for each rush-hour driver) in lost time, wasted fuel, and environmental damage;

(2) in the past, regional leaders have successfully worked together to address important transportation needs, through such institutions as the Metropolitan Washington Airports Authority, the Washington Metropolitan Area Transit Authority, and the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments;

(3) even greater regional cooperation is needed to prevent congestion in the metropolitan Washington region from worsening, in light of predictions that there will be a 31 percent increase in population, a 41 percent increase in employment, and a 46 percent increase in vehicle miles traveled in the region over the next 25 years;

(4) while transportation needs will grow significantly over the next 25 years, spending is expected to fall short of transportation needs over the same period by more than $43.5 billion, even with expected increases in Federal and State spending;

(5) none of the existing metropolitan-wide transportation agencies within the metropolitan Washington region has the necessary powers, authorities, and resources to meet the current and future transportation needs of the region;

(6) the failure to meet the transportation needs of the metropolitan Washington region will undermine the quality of life of the residents of the region, degrade the natural environment, and adversely affect the ability of Federal agencies and private sector businesses to operate effectively and efficiently;

(7) the transportation challenges faced by the metropolitan Washington region are unique and deserve the attention of Congress because of the presence of the Federal Government within the region and because of the intersection of 3 jurisdictions, consisting of 2 States and the District of Columbia, within a single metropolitan area;

(8) the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments, the designated metropolitan planning organization for planning and programming Federal transit and highway funds provided to the metropolitan Washington region, is updating the long-range plan for the region to meet transportation needs in the coming decades; and

(9) with Federal assistance, the Board can more effectively promote regional agreement on how to finance and implement its long-range plan to meet the transportation needs of the metropolitan Washington region.

SEC. 3. PURPOSES.

The purposes of this Act are--

(1) to provide a new option to help the metropolitan Washington region more effectively address its transportation needs;

(2) to empower the National Capital Region Transportation Planning Board to consult with the metropolitan Washington region jurisdictions and the public to achieve consensus on a list of critical transportation projects and a funding mechanism that are needed to address the growing congestion crisis in the region but cannot be funded within the current and forecasted Federal, State, and local funding levels for such projects;

(3) to establish a Corporation with the power to accept revenue and issue debt, and to accept and distribute Federal grants, to provide funding for projects that have been agreed to by the region;

(4) to grant consent to the metropolitan Washington region jurisdictions to enter into an interstate compact or agreement that would help meet the region's long-term transportation needs; and

(5) to supplement Federal grants to the region and promote consensus on a regional funding mechanism.

SEC. 4. DEFINITIONS.

In this Act:

(1) BOARD- The term `Board' means the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments.

(2) CORPORATION- The term `Corporation' means the Metropolitan Washington Regional Transportation Corporation established by section 6(a).

(3) METROPOLITAN WASHINGTON REGION; REGION- The term `metropolitan Washington region' or `region' means the area that is--

(A) located in the area including and surrounding Washington, District of Columbia; and

(B) under the jurisdiction of the members of the Board.

(4) METROPOLITAN WASHINGTON REGION JURISDICTION- The term `metropolitan Washington region jurisdiction' means a jurisdiction represented by a member of the Board.

(5) PROJECT- The term `project' means any effort to reduce traffic congestion or improve travel options in the metropolitan Washington region, including--

(A) the design, construction, and maintenance of facilities or services;

(B) the operation of such facilities;

(C) the provision of services;

(D) the deployment of demand reduction and traffic management measures; and

(E) any effort to improve coordination of transportation planning and land use planning.

(6) SIGNATORY- The term `signatory' means a metropolitan Washington region jurisdiction that enters into an interstate compact or agreement under section 5(d).

SEC. 5. DUTIES OF THE BOARD.

(a) DUTIES-

(1) IN GENERAL- The Board shall--

(A) allocate Federal funds received by the Board among projects of regional significance;

(B)(i) propose a list of priority transportation projects that--

(I) are needed to address the growing congestion crisis in the metropolitan Washington region; and

(II) cannot be funded with Federal, State, and local transportation funds that are projected to be made available for the metropolitan Washington region;

(ii) propose a regional funding mechanism to fund the needed projects; and

(iii) manage the Corporation to provide funding for regional transportation projects;

(C) provide notice and opportunity for comment on its efforts under this Act by metropolitan Washington region jurisdictions and the public;

(D) conduct outreach and education activities to promote public participation;

(E) promote cooperative action by metropolitan Washington region jurisdictions on regional transportation issues; and

(F) if necessary, assist metropolitan Washington region jurisdictions in developing an interstate compact or agreement to better meet regional transportation needs.

(2) LIMITATIONS- The Board shall not have the power to--

(A) impose a tax; or

(B) preempt any Federal, State, or local law (including a regulation).

(b) BOARD SUPPORT- The Board shall use staff of the Board and may employ such additional personnel and agents as are necessary to carry out this Act, including public outreach staff to meet the public participation requirements of titles 23 and 49, United States Code.

(c) TIMETABLE- The Board shall--

(1) develop and publish a first draft proposal listing regional projects and regional funding mechanisms not later than 210 days after the date of enactment of this Act;

(2) provide an opportunity for public comment on the first draft proposal during the period beginning on the date of publication of the first draft proposal and ending not earlier than 90 days after that date;

(3) not later than 2 years after the date of enactment of this Act, develop and publish a final proposal; and

(4) prior to implementation of any regional project or regional funding mechanism included in the final proposal, obtain approval of the final proposal from--

(A) the Governor of the State of Virginia;

(B) the Governor of the State of Maryland; and

(C) the Mayor of the District of Columbia.

(d) INTERSTATE COMPACT OR AGREEMENT-

(1) IN GENERAL- Subject to paragraph (2), Congress grants consent to 1 or more of the metropolitan Washington region jurisdictions to enter into an interstate compact or agreement to finance and implement 1 or more of the priority projects from the long-range plan of the Board, if consent is granted by--

(A) the Governor of each State that enters into the compact or agreement; and

(B) if the District of Columbia enters into the compact or agreement, the Mayor of the District of Columbia.

(2) REQUIREMENTS- The interstate compact or agreement shall--

(A) include a list of regional transportation projects and a regional funding mechanism to fund the projects; and

(B) include a time limit of not more than 2 years for approval by the metropolitan Washington region jurisdictions.

(e) PLANNING PROCESS- In carrying out this Act, the Board shall--

(1) comply with the planning requirements of titles 23 and 49, United States Code; and

(2)(A) ensure that the public has a full opportunity to participate in the planning process; and

(B) work with citizen advisory committees representing all points of view, including business, environmental, transportation, senior citizens, youth, disabled, and neighborhood associations.

SEC. 6. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE METROPOLITAN WASHINGTON REGION.

(a) METROPOLITAN WASHINGTON REGIONAL TRANSPORTATION CORPORATION-

(1) ESTABLISHMENT- There is established the Metropolitan Washington Regional Transportation Corporation.

(2) GENERAL POWERS-

(A) IN GENERAL- The Corporation shall be a body corporate and politic, and an instrumentality of the Board, having the powers and jurisdiction described in this Act and such additional powers as are conferred on the Corporation by the Board, to the extent that the additional powers are consistent with this Act.

(B) ADMINISTRATION- The Corporation shall be governed in accordance with this Act and shall be subject to such other provisions as the Board determines to be appropriate.

(3) GENERAL LIMITATIONS- The Corporation shall not have the power to--

(A) impose a tax; or

(B) preempt any Federal, State, or local law (including a regulation).

(4) DUTIES- The Corporation shall assist in the management of any initial funding and implementation plan agreed to by the signatories.

(5) PUBLIC ACCOUNTABILITY-

(A) PUBLIC NOTICE AND PARTICIPATION- The Corporation shall be subject to the requirements of chapter 5 of title 5, United States Code, concerning public notice of, and participation at, all meetings of the Corporation.

(B) FREEDOM OF INFORMATION ACT- The Corporation shall be considered to be an agency for the purpose of compliance with requests under section 552 of title 5, United States Code.

(C) COMPLIANCE WITH LAWS GOVERNING TRANSPORTATION- Projects funded by the Corporation shall be considered to be federally funded projects subject to--

(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.);

(ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(iii) the Clean Air Act (42 U.S.C. 7401 et seq.); and

(iv) section 303 of title 49, United States Code.

(6) EFFECTIVE ANALYSIS- In assessing the impact of projects under consideration for funding, the Corporation shall use analytical tools consistent with state-of-the-art practices, in accordance with applicable Federal regulations and guidance.

(7) POWERS- The Corporation shall have the power--

(A) to acquire personal and real property (including land lying under water and riparian rights), or any easement or other interest in real property, by purchase, lease, gift, transfer, or exchange;

(B) to apply for and accept any property, material, service, payment, appropriation, grant, gift, loan, advance, or other fund that is transferred or made available to the Corporation by the Federal Government or by any other public or private entity or individual;

(C) to borrow money on a short-term basis and issue notes of the Corporation for the borrowing payable on such terms and conditions as the Corporation considers advisable, and to issue long-term or short-term tax-exempt bonds in the discretion of the Corporation for any purpose consistent with this Act, which notes and bonds--

(i) shall not constitute--

(I) a debt of the United States (or any political subdivision of the United States); or

(II) a general obligation of a metropolitan Washington region jurisdiction (or any political subdivision of a metropolitan Washington region jurisdiction), unless consented to by the jurisdiction (or political subdivision); and

(ii) may be secured solely by the general revenues of the Corporation or by other revenues in the discretion of the Corporation;

(D) to permit single-occupancy vehicles to travel on high-occupancy lanes in the region, if--

(i) the affected signatory or signatories consent to charge tolls to single-occupancy vehicles given access to high-occupancy lanes;

(ii) the toll can be implemented in a way that does not reduce the level of service; and

(iii) the affected signatory or signatories consent to use the toll revenues for regional transportation projects;

(E) to enter into any contract or agreement appropriate to the performance of the duties of the Corporation;

(F) to enter into partnerships or grant concessions between the public and private sectors for the purpose of--

(i) financing, constructing, maintaining, improving, or operating regional transportation facilities in the metropolitan Washington region; or

(ii) fostering development of a new transportation technology;

(G) to obtain any necessary Federal authorization, permit, or approval for the construction, repair, maintenance, or operation of regional transportation facilities in the metropolitan Washington region;

(H) to adopt an official seal and alter the seal, as the Corporation considers to be appropriate;

(I) to appoint 1 or more advisory committees;

(J) to sue and be sued in the name of the Corporation;

(K) to contract with State or local governments, or other entities, to carry out such maintenance of traffic activities during construction of regional transportation facilities in the metropolitan Washington region as are considered to be necessary by the Corporation to properly manage traffic and minimize congestion, such as--

(i) public information campaigns;

(ii) improvements designed to encourage appropriate use of alternative routes;

(iii) use of high occupancy vehicles and transit services; and

(iv) deployment and operation of intelligent transportation system technologies;

(L) to carry out any activity appropriate to the exercise of the powers or performance of the duties of the Corporation under this Act and under any interstate compact or agreement relating to the Corporation that is consistent with this Act, if the activity is coordinated and consistent with the transportation planning process implemented by the metropolitan planning organization for the metropolitan Washington region under section 134 of title 23, United States Code, and section 5303 of title 49, United States Code; and

(M) to work with the metropolitan Washington region jurisdictions to improve coordination of transportation planning and land use planning.

(b) REPORTS- The Secretary of Transportation 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--

(1) not later than 1 year after the date of enactment of this Act, an interim report on the progress of the Board in developing cooperative transportation plans and regional funding mechanisms to meet transportation needs in the metropolitan Washington region; and

(2) not later than 3 years after the date of enactment of this Act, a final report on the results of the actions of the Board in developing cooperative transportation plans and regional funding mechanisms to meet transportation needs in the metropolitan Washington region.

SEC. 7. MAINTENANCE OF FUNDING AND EFFORT.

The funding provided under any regional transportation program developed under this Act shall supplement (and not supplant) other Federal, State, and local transportation funding for the metropolitan Washington region jurisdictions. In using funds provided under this Act, a metropolitan Washington region jurisdiction shall maintain the expenditures of the jurisdiction for transportation in the metropolitan Washington region, at a level that is not less than the level of the expenditures maintained by the jurisdiction for the fiscal year preceding the fiscal year for which the funds are received.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There is authorized to be appropriated to the Secretary of Transportation out of the Highway Trust Fund (other than the Mass Transit Account)--

(1) for transportation projects of regional significance to be selected by the Board $100,000,000 for each of fiscal years 2004 through 2006; and

(2) for non-motorized recreational trails projects to be selected by the Board $5,000,000 for each of fiscal years 2004 through 2006.

(b) ADMINISTRATIVE EXPENSES AND OUTREACH- Of the funds made available under this section, the Board may set aside--

(1) not to exceed $100,000 per fiscal year for salaries and administrative expenses of experts in financing and developing interstate compacts or agreements; and

(2) not to exceed $200,000 per fiscal year to support a collaborative planning process, to disseminate information to the public, and to pay the salaries and administrative expenses of public outreach staff.

(c) CONTRACT AUTHORITY- Funds authorized to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of a project under subsection (a) shall be 75 percent.

END