[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1909 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1909
To amend title 23, United States Code, to ensure that Federal-aid
highways and bridges are more resilient, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2019
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to ensure that Federal-aid
highways and bridges are more resilient, 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 ``Resilient Highways Act of 2019''.
SEC. 2. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for measures to increase the
resiliency of Federal-aid highways and bridges on and off the
National Highway System to mitigate the impacts of sea level
rise and extreme weather events.''; and
(2) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent
of the funds apportioned to the State under section 104(b)(1)
for each fiscal year for a protective feature on a Federal-aid
highway or bridge, if the protective feature is an economically
justified improvement designed to mitigate the risk of
recurring damage or the cost of future repairs from extreme
weather, flooding, and other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) may include--
``(A) raising roadway grades;
``(B) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away
from slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) installing riprap;
``(F) lengthening or raising bridges to increase
waterway openings;
``(G) deepening channels to prevent flooding;
``(H) increasing the size or number of drainage
structures;
``(I) replacing culverts with bridges or upsizing
culverts;
``(J) repairing or maintaining tide gates;
``(K) installing seismic retrofits on bridges;
``(L) adding scour protection at bridges;
``(M) adding spur dikes;
``(N) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather, flooding, and other
natural disasters; and
``(O) any other features that mitigate the risk of
recurring damage or the cost of future repair as a
result of extreme weather, flooding, and other natural
disasters, as determined by the Secretary.
``(3) Savings provision.--Nothing in this subsection limits
the ability of a State to carry out a project otherwise
eligible under subsection (d) using funds apportioned under
section 104(b)(1).''.
SEC. 3. FEDERAL SHARE PAYABLE.
Section 120(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Protective features.--
``(A) In general.--Notwithstanding any other
provision of law, the Federal share payable for the
cost of a protective feature on a Federal-aid highway
or bridge project under this title may be up to 100
percent, at the discretion of the State, if the
protective feature is an economically justified
improvement to mitigate the risk of recurring damage or
the cost of future repair from extreme weather,
flooding, and other natural disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain
to higher ground above projected flood
elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding spur dikes;
``(xiv) the use of natural infrastructure
to mitigate the risk of recurring damage or the
cost of future repair from extreme weather,
flooding, and other natural disasters; and
``(xv) any other features that mitigate the
risk of recurring damage or the cost of future
repair as a result of extreme weather,
flooding, and other natural disasters, as
determined by the Secretary.''.
SEC. 4. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``wildfire, sea
level rise,'' after ``severe storm'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.''; and
(3) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by striking the period at the end and
inserting ``; and''
(ii) by striking ``a facility that meets
the current'' and inserting the following: ``a
facility that--
``(i) meets the current''; and
(iii) by adding at the end the following:
``(ii) incorporates economically
justifiable improvements designed to mitigate
the risk of recurring damage from extreme
weather, flooding, and other natural
disasters.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that
is part of a project under this section shall be an
eligible expense under this section if the improvement
is a protective feature that is economically justified
to mitigate the risk of recurring damage or the cost of
future repair from extreme weather, flooding, and other
natural disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain
to higher ground above projected flood
elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding spur dikes;
``(xiv) the use of natural infrastructure
to mitigate the risk of recurring damage or the
cost of future repair from extreme weather,
flooding, and other natural disasters; and
``(xv) any other features that mitigate the
risk of recurring damage or the cost of future
repair as a result of extreme weather,
flooding, and other natural disasters, as
determined by the Secretary.''.
<all>
Resilient Highways Act of 2019
#1909 | S Congress #116
Policy Area: Transportation and Public Works
Last Action: Read twice and referred to the Committee on Environment and Public Works. (6/19/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text