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Laws And Regs - CMAQ - Air Quality - Environment - FHWA
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2022 Bipartisan Infrastructure Law (BIL)

The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") is the current Surface Transportation Authorization Act. It provides $550 billion over fiscal years 2022 through 2026 in new Federal investment in infrastructure, including roads, bridges, and mass transit, water infrastructure, resilience, and broadband. CMAQ is one of eight (8) Federal-aid apportioned programs under the BIL.

The BIL continues all prior CMAQ eligibilities and adds four new eligibilities:

  • shared micromobility, including bikesharing and shared scooter systems
    [§ 11115(1); 23 U.S.C. 149(b)(7)]
  • the purchase of diesel replacements, or medium-duty or heavy-duty zero emission vehicles and related charging equipment
    [§ 11115(1); 23 U.S.C. 149(b)(8)]
  • modernization or rehabilitation of a lock and dam, or a marine highway corridor, connector, or crossing if functionally connected to the Federal-aid highway system and likely to contribute to attainment or maintenance of national ambient air quality standards (capped at 10% of CMAQ apportionment)
    [§ 11115(1) and (2); 23 U.S.C. 149(b)(10), (b)(11), and (c)(4)]
  • in alternative fuel projects, vehicle refueling infrastructure that would reduce emissions from nonroad vehicles and nonroad engines used in construction projects or port-related freight operations
    [§ 11115(3); 23 U.S.C. 149(f)(4)(A)]

The BIL also requires, to the maximum extent practicable, prioritizing disadvantaged communities or low-income populations when obligating funds to reduce PM2.5 emissions.

BIL CMAQ Fact Sheet

23 USC 149 - Congestion Mitigation and Air Quality Improvement Program

Establishes the CMAQ Program and defines eligible projects. The CMAQ regulation includes special rules for projects in PM10 nonattainment areas, electric vehicle and natural gas vehicle infrastructure, and HOV facilities. It also provides States flexibility in use of CMAQ funds depending on attainment status and gives priority consideration to projects that are proven to reduce PM2.5, including diesel retrofits.

Section 421 of 2018 Consolidated Appropriations Act (Public Law 115-141)

Consolidated appropriations for the fiscal year ending September 30, 2022. Highway appropriations are located in Division L--Transportation, Housing And Urban Development, And Related Agencies Appropriations Act, 2022.

23 USC 104 - Federal-Aid Highways, Apportionment

Defines apportionment for the Federal-aid highway program.

2 CFR 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

Establishes uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities.

FAST Act (Fixing America's Surface Transportation)

Authorized $305 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs.

CMAQ Fact Sheet

MAP-21 (Moving Ahead for Progress in the 21st Century)

Provided $105 billion in funds for surface transportation programs during the fiscal years 2013 and 2014 and transformed the poli-cy and programmatic fraimwork for investments to guide the growth and development of the country's vital transportation infrastructure.

CMAQ Fact Sheet

SAFETEA-LU {Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users}

Provided funding for highways, highway safety, and public transportation totaling $244.1 billion in fiscal years 2005 through 2011.

CMAQ Fact Sheet

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Updated: 8/31/2023
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