23 U.S.C. § 152 — Hazard elimination program

Page 265 TITLE 23—HIGHWAYS § 152 further, That the Joint Office of Energy and Transpor- tation shall establish and maintain a public database, accessible on both Department of Transportation and Department of Energy websites, that includes: (1) infor- mation maintained on the Alternative Fuel Data Cen- ter by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging sta- tions identified by eligible entities through the pro- gram; and (3) the ability to sort generated results by various characteristics with respect to electric vehicle charging stations, including location, in terms of the State, city, or county; status (operational, under con- struction, or planned); and charging type, in terms of Level 2 charging equipment or Direct Current Fast Charging Equipment: Provided further, That the Sec- retary of Transportation and the Secretary of Energy shall cooperatively administer the Joint Office con- sistent with this paragraph in this Act: Provided fur- ther, That the Secretary of Transportation and the Sec- retary of Energy may transfer funds between the De- partment of Transportation and the Department of En- ergy from funds provided under this paragraph in this Act to establish the Joint Office and to carry out its duties under this paragraph in this Act and any such funds or portions thereof transferred to the Joint Office may be transferred back to and merged with this ac- count: Provided further, That the Secretary of Transpor- tation and the Secretary of Energy shall notify the House and Senate Committees on Appropriations not less than 15 days prior to transferring any funds under the preceding proviso: Provided further, That for the purposes of funds made available under this paragraph in this Act: (1) the term ‘State’ has the meaning given such term in section 101 of title 23, United States Code; and (2) the term ‘Federal-aid highway’ means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway function- ally classified as a local road or rural minor collector’’. § 152. Hazard elimination program (a) IN GENERAL.— (1) PROGRAM.—Each State shall conduct and systematically maintain an engineering sur- vey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, as- sign priorities for the correction of such loca- tions, sections, and elements, and establish and implement a schedule of projects for their improvement. (2) HAZARDS.—In carrying out paragraph (1), a State may, at its discretion— (A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and (B) develop and implement projects and programs to address the hazards. (b) The Secretary may approve as a project under this section any safety improvement project, including a project described in sub- section (a). (c) Funds authorized to carry out this section shall be available for expenditure on— (1) any public road; (2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or (3) any traffic calming measure. (d) The Federal share payable on account of any project under this section shall be 90 per- cent of the cost thereof. (e) Funds authorized to be appropriated to carry out this section shall be available for obli- gation in the same manner and to the same ex- tent as if such funds were apportioned under sec- tion 104(b), except that the Secretary is author- ized to waive provisions he deems inconsistent with the purposes of this section. (f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improve- ment projects carried out in accordance with procedures and criteria established by this sec- tion. Such evaluation process shall develop cost- benefit data for various types of corrections and treatments which shall be used in setting prior- ities for safety improvement projects. (g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to imple- ment safety improvement projects for hazard elimination and the effectiveness of such im- provements. Each State report shall contain an assessment of the cost of, and safety benefits de- rived from, the various means and methods used to mitigate or eliminate hazards and the pre- vious and subsequent accident experience at these locations. The Secretary of Transpor- tation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their dis- tribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by sub- section (a) and include recommendations for fu- ture implementation of the hazard elimination program. (h) For the purposes of this section the term ‘‘State’’ shall have the meaning given it in sec- tion 401 of this title. (Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–178, § 1401(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, realigned margins, sub- stituted ‘‘motorists, bicyclists, and pedestrians’’ for ‘‘motorists and pedestrians’’, and added par. (2). Subsec. (b). Pub. L. 105–178, § 1401(2), substituted ‘‘safety improvement project, including a project de- Page 266 TITLE 23—HIGHWAYS § 153 scribed in subsection (a)’’ for ‘‘highway safety improve- ment project’’. Subsec. (c). Pub. L. 105–178, § 1401(3), substituted ‘‘on— ‘‘(1) any public road; ‘‘(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or ‘‘(3) any traffic calming measure’’ for ‘‘on any pub- lic road (other than a highway on the Interstate Sys- tem)’’. Subsec. (e). Pub. L. 105–178, § 1401(4), struck out ‘‘ap- portioned to the States as provided in section 402(c) of this title. Such funds shall be’’ before ‘‘available for ob- ligation’’ and substituted ‘‘section 104(b)’’ for ‘‘section 104(b)(1)’’. Subsecs. (f), (g). Pub. L. 105–178, § 1401(5), substituted ‘‘safety improvement projects’’ for ‘‘highway safety im- provement projects’’ wherever appearing. 1995—Subsec. (g). Pub. L. 104–59 substituted ‘‘Com- mittee on Transportation and Infrastructure’’ for ‘‘Committee on Public Works and Transportation’’. 1987—Subsec. (g). Pub. L. 100–17 substituted ‘‘the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Trans- portation of the House of Representatives’’ for ‘‘the Congress’’. 1983—Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provi- sion that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and Amer- ican Samoa. 1982—Subsec. (g). Pub. L. 97–375 inserted ‘‘(including but not limited to any projects for pavement mark- ing)’’ after ‘‘implementing the hazard elimination pro- gram’’. 1979—Subsec. (g). Pub. L. 96–106 substituted ‘‘Decem- ber 30’’ for ‘‘September 30’’ and ‘‘April 1’’ for ‘‘January 1’’. 1978—Subsec. (a). Pub. L. 95–599 substituted ‘‘public roads’’ for ‘‘highways’’ and inserted provisions relating to identification of hazardous sections and elements. Subsec. (b). Pub. L. 95–599 substituted provisions re- lating to approval of highway safety improvement proj- ects by the Secretary for provisions authorizing appro- priations for fiscal years ending June 30, 1974 through June 30, 1976. Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) with- out substantive change. Subsec. (d). Pub. L. 95–599 substituted provisions pre- scribing the Federal share payable on account of any project under this section for provisions relating to ap- portionment of funds made available under subsec. (b) to the States. See subsec. (e) of this section. Subsec. (e). Pub. L. 95–599 substituted provisions re- lating to apportionment of funds to the States under this section for provisions relating to progress reports required of the States under this section. See subsec. (g). Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). 1976—Subsec. (f). Pub. L. 94–280 added subsec. (f). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to the require- ment that the Secretary of Transportation submit a re- port to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives not later than April 1 of each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7. § 153. Use of safety belts and motorcycle helmets (a) AUTHORITY TO MAKE GRANTS.—The Sec- retary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year— (1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and (2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individual’s body. (b) USE OF GRANTS.—A grant made to a State under this section shall be used to adopt and im- plement a traffic safety program to carry out the following purposes: (1) EDUCATION.—To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child re- straint system use and to involve public health education agencies and other related agencies in these efforts. (2) TRAINING.—To train law enforcement offi- cers in the enforcement of State laws de- scribed in subsection (a). (3) MONITORING.—To monitor the rate of compliance with State laws described in sub- section (a). (4) ENFORCEMENT.—To enforce State laws de- scribed in subsection (a). (c) MAINTENANCE OF EFFORT.—A grant may not be made to a State under this section in any fis- cal year unless the State enters into such agree- ments with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the State’s 2 fiscal years preceding the date of the enactment of this sec- tion. (d) FEDERAL SHARE.—A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed— (1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program de- scribed in subsection (b); (2) in the second fiscal year the State re- ceives a grant, 50 percent of the cost of imple- menting in such fiscal year such traffic safety program; and (3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program. (e) MAXIMUM AGGREGATE AMOUNT OF GRANTS.— The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402. (f) ELIGIBILITY FOR GRANTS.— (1) GENERAL RULE.—A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with