[House Report 111-614]
[From the U.S. Government Publishing Office]


111th Congress                                            Rept. 111-614
  2d Session              HOUSE OF REPRESENTATIVES               Part 1
=======================================================================
 
 TO DIRECT THE SECRETARY OF TRANSPORTATION TO UPDATE A RESEARCH REPORT 
 AND ISSUE GUIDANCE TO THE STATES WITH RESPECT TO REDUCING LIGHTING ON 
 THE FEDERAL-AID SYSTEM DURING PERIODS OF LOW TRAFFIC DENSITY, AND FOR 
                             OTHER PURPOSES 

                                _______
                                

               September 22, 2010.--Ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1997]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1997) to direct the Secretary of 
Transportation to update a research report and issue guidance 
to the States with respect to reducing lighting on the Federal-
aid system during periods of low traffic density, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 1997 directs the Secretary of Transportation, within 
120 days of the date of enactment, to update a research report 
and issue guidance to States with respect to reducing lighting 
on the Federal-aid system during periods of low traffic 
density.

                  BACKGROUND AND NEED FOR LEGISLATION

    Highway lighting is designed to provide and improve roadway 
visibility and safety, enabling motorists to see roadway 
details, alignment, and any obstacles. Properly placed lighting 
is designed to illuminate areas of potential vehicle conflict, 
such as exit and entrance ramps.
    While proper freeway lighting provides significant roadway 
safety benefits, reducing lighting during periods--under 
appropriate circumstances--can lead to energy and cost savings. 
Both the Federal Highway Administration (FHWA) and the American 
Association of State Highway and Transportation Officials 
(AASHTO) have provided guidance and information to roadway 
owners regarding the appropriate lighting to ensure safety, as 
well as techniques to provide energy and cost savings during 
periods of low traffic volumes. The most recent FHWA research 
report on this topic, which was entitled ``Reduced Lighting on 
Freeways During Periods of Low Traffic Density'', was released 
in August 1985.

                       SUMMARY OF THE LEGISLATION

Section 1. Research and guidance with respect to reducing lighting on 
        the Federal-aid system during periods of low traffic density

    Section 1 directs the Secretary of Transportation, acting 
through the Administrator of the FHWA and in cooperation with 
AASHTO officials, to update the research report of the FHWA 
entitled ``Reduced Lighting on Freeways During Periods of Low 
Traffic Density'', within 120 days of the date of enactment of 
this Act.
    Subsection (a)(2) directs the Secretary, in updating the 
report, to address the specific issues of: optimal times and 
conditions for reduced lighting; appropriate lighting levels 
for various roads and road features; appropriate manner in 
which to carry out reducing lighting; energy savings and 
reduction in greenhouse gases that may result from reducing 
lighting; and any legal issues relating to reducing lighting.
    Subsection (b) directs the Secretary to issue guidance to 
States, within 180 days of the date of the enactment of this 
Act, with respect to reducing lighting on the Federal-aid 
system during periods of low traffic density based on the 
updated research report.
    Subsection (c) provides definitions.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On January 27, 2009, the Subcommittee on Highways and 
Transit held a hearing on ``Energy Reduction and Environmental 
Sustainability in Surface Transportation''.
    On April 21, 2009, Representative Jim Gerlach introduced 
H.R. 1997. This bill has not been introduced in a previous 
Congress. On July 29, 2010, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 1997. The 
Committee ordered the bill reported favorably to the House by 
voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 1997 or ordering the bill reported. 
A motion to order H.R. 1997 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
update a 1985 FHWA research report on ``Reduced Lighting on 
Freeways During Periods of Low Traffic Density'' and to issue 
guidance to States based on the findings of the updated 
research report.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 1997 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 4, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1997, a bill to 
direct the Secretary of Transportation to update a research 
report and issue guidance to the states with respect to 
reducing lighting on the federal-aid system during periods of 
low traffic density, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 1997--A bill to direct the Secretary of Transportation to update a 
        research report and issue guidance to the states with respect 
        to reducing lighting on the federal-aid system during periods 
        of low traffic density, and for other purposes

    H.R. 1997 would require the Federal Highway Administration 
(FHWA), in conjunction with industry representatives, to update 
a research report regarding the reduction of lighting on the 
federal-aid highway system during periods of low traffic. The 
updated report would have to include new information about 
improvements in lighting technology since the report was 
originally issued in 1985. FHWA also would be required to 
develop guidance for states based on the updated information.
    Based on the cost of similar efforts and on information 
from the agency and industry sources, CBO estimates that 
implementing H.R. 1997 would have no significant impact on the 
federal budget. Enacting H.R. 1997 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 1997 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Sarah Puro. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
1997 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1997 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1997 makes no changes in existing law.