CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Establishment of Program.— Section 149(a) of title 23, United States Code, is amended by inserting after “establish” the following: “and implement”. (b) Currently Eligible Projects.— Section 149(b) of such title is amended— (1) by striking “that was designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year 1994” and inserting the following: “that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997,”; (2) in paragraph (1)(A) by striking “clauses (xii) and”; and inserting “clause”; (3) in paragraph (1)(A)(ii) by striking “an area” and all that follows through the semicolon and inserting “a maintenance area;”; (4) by striking “or” at the end of paragraph (3); (5) by striking “standard.” at the end of paragraph (4) and inserting “standard; or”; and (6) by inserting after paragraph (4) the following:112 STAT. 143 “(5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph.”. (c) States Receiving Minimum Apportionment.— Section 149 of such title is amended by striking subsection (c) and inserting the following: “(c) States Receiving Minimum Apportionment.— “(1) States without a nonattainment area.— If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(2) for any project eligible under the surface transportation program under section 133. “(2) States with a nonattainment area.— If a State has a nonattainment area or maintenance area and receives funds under section 104(b)(2)(D) above the amount of funds that the State would have received based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2), the State may use that portion of the funds not based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2) for any project in the State eligible under section 133.”. (d) Public-Private Partnerships.— (1) In general.— Section 149 of such title is amended by adding at the end the following: “(e) Partnerships With Nongovernmental Entities.— “(1) In general.— Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under this section. “(2) Forms of participation by entities.— Participation by an entity under paragraph (1) may consist of— “(A) ownership or operation of any land, facility, vehicle, or other physical asset associated with the project; “(B) cost sharing of any project expense; “(C) carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and “(D) any other form of participation approved by the Secretary. “(3) Allocation to entities.— A State may allocate funds apportioned under section 104(b)(2) to an entity described in paragraph (1). “(4) Alternative fuel projects.— In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection— “(A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies 112 STAT. 144that reduce emissions of air pollutants from motor vehicles, and other capital investments associated with the project; “(B) shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and “(C) shall apply other governmental financial purchase contributions in the calculation of net incremental cost. “(5) Prohibition on federal participation with respect to required activities.— A Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other Federal law.”. (2) Determination by the secretary.— For the purposes of section 149(c) of title 23, United States Code, the Secretary shall determine in accordance with the procedures specified in section 149(b) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon base and water in an amount not less than 20 percent by volume that reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles. (e) Study of CMAQ Program.— (1) In general.— The Secretary and the Administrator of the Environmental Protection Agency shall enter into arrangements with the National Academy of Sciences to complete, by not later than January 1, 2001, a study of the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code. The study shall, at a minimum— (A) evaluate the air quality impacts of emissions from motor vehicles; (B) evaluate the negative effects of traffic congestion, including the economic effects of time lost due to congestion; (C) determine the amount of funds obligated under the program and make a comprehensive analysis of the types of projects funded under the program; (D) evaluate the emissions reductions attributable to projects of various types that have been funded under the program; (E) assess the effectiveness, including the quantitative and nonquantitative benefits, of projects funded under the program and include, in the assessment, an estimate of the cost per ton of pollution reduction; (F) assess the cost effectiveness of projects funded under the program with respect to congestion mitigation; (G) compare— (i) the costs of achieving the air pollutant emissions reductions achieved under the program; to (ii) the costs that would be incurred if similar reductions were achieved by other measures, including pollution controls on stationary sources; (H) include recommendations on improvements, including other types of projects, that will increase the overall effectiveness of the program; (I) include recommendations on expanding the scope of the program to address traffic-related pollutants that, 112 STAT. 145as of the date of the study, are not addressed by the program. (2) Report.— Not later than January 1, 2000, the National Academy of Sciences shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study with recommendations for modifications to the congestion mitigation and air quality improvement program in light of the results of the study. (3) Funding.— Before making the apportionment of funds under section 104(b)(2) of title 23, United States Code, for each of fiscal years 1999 and 2000, the Secretary shall deduct from the amount to be apportioned under such section for such fiscal year, and make available, $500,000 for such fiscal year to carry out this subsection.