OVERVIEW 

The Federal Highway Administration (FHWA) has been instrumental in getting critical supporting language for pavement preservation in its transportation bill, “Moving Ahead for Progress in the 21st Century”, also known as “MAP 21”. In the Bill, Section 1304, Innovative Project Delivery Methods, details the various innovative technologies and practices included in eligibility for federal funding. 

SUMMARY* 

“Moving Ahead for Progress in the 21st Century” Act or the “MAP 21” Act 

House of Representatives Bill 4348, 112th Congress, 2011-2012 

(Sec. 1304) Declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction, improve the safety, and extend the service life of highways and bridges. 

Allows the federal share payable on account of a project or activity, at state discretion, to be up to 100% percent if it: (1) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; (2) contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality, extend the service life, or decrease the long-term costs of maintaining highways and bridges; (3) accelerates project delivery while complying with other applicable federal laws (including regulations) and not causing any significant adverse environmental impact; or (4) reduces congestion related to highway construction. 

FULL TEXT* 
 

SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 

     (a) Declaration Of Policy.— 

     (1) IN GENERAL.—Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. 

     (2) INCLUSIONS.—The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction. 

     (b) Federal Share.—Section 120(c) of title 23, United States Code, is amended by adding at the end the following: 

     “(3) INNOVATIVE PROJECT DELIVERY.— 

     “(A) IN GENERAL.—Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines— 

     “(i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; 

     “(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges; 

     “(iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or 

     “(iv) reduces congestion related to highway construction. 

     “(B) EXAMPLES.—Projects, programs, and activities described in subparagraph (A) may include the use of— 

     “(i) prefabricated bridge elements and systems and other technologies to reduce bridge construction time; 

     “(ii) innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies; 

     “(iii) innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods; 

     “(iv) intelligent compaction equipment; or 

     “(v) contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable. 

     “(C) LIMITATIONS.— 

     “(i) IN GENERAL.—In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), and (5) of section 104(b). 

     “(ii) FEDERAL SHARE INCREASE.—The Federal share payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.”. 

 

     *Source: H.R.4348 - 112th Congress (2011-2012): MAP-21 | Congress.gov | Library of Congress