[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 584 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 584
To ensure that all users of the transportation system, including
pedestrians, bicyclists, transit users, children, older individuals,
and individuals with disabilities, are able to travel safely and
conveniently on and across federally funded streets and highways.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2009
Mr. Harkin (for himself and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To ensure that all users of the transportation system, including
pedestrians, bicyclists, transit users, children, older individuals,
and individuals with disabilities, are able to travel safely and
conveniently on and across federally funded streets and highways.
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 ``Complete Streets Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Complete street.--The term ``complete street'' means a
roadway that accommodates all travelers, particularly public
transit users, bicyclists, pedestrians (including individuals
of all ages and individuals with mobility, sensory,
neurological, or hidden disabilities), and motorists, to enable
all travelers to use the roadway safely and efficiently.
(2) Complete streets policy; complete streets principle.--
The terms ``complete streets policy'' and ``complete streets
principle'' mean a transportation law, policy, or principle at
the local, State, regional, or Federal level that ensures--
(A) the adequate accommodation, in all phases of
project planning and development, of all users of the
transportation system, including pedestrians,
bicyclists, public transit users, children, older
individuals, motorists, and individuals with
disabilities; and
(B) the consideration of the safety and convenience
of all users in all phases of project planning and
development.
(3) Local jurisdiction.--The term ``local jurisdiction''
means any unit of local government.
(4) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
the term in section 134(b) of title 23, United States Code.
(5) Roadway.--The term ``roadway'' means--
(A) the defined Federal functional classification
roadway system;
(B) a roadway system for which funds are provided
under the equity bonus program under section 105 of
title 23, United States Code; and
(C) each bridge structure providing a connection
for such a roadway system.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) Senior manager.--The term ``senior manager'' means--
(A) the director of a State department of
transportation (or a designee);
(B) the director of a metropolitan planning
organization (or a designee); and
(C) the director of a regional, county, or city
transportation agency that is primarily responsible for
planning and approval of transportation projects (or a
designee).
(8) Transportation improvement program.--The term
``transportation improvement program'' has the meaning given
the term ``TIP'' in section 134(b) of title 23, United States
Code.
SEC. 3. COMPLETE STREETS POLICY REQUIREMENT.
(a) Law or Policy.--Not later than October 1 of the fiscal year
that begins 2 years after the date of enactment of this Act each State
and metropolitan planning organization shall have in effect--
(1) in the case of a State--
(A) a law requiring that, beginning on the
effective date of the State law, all transportation
projects in the State shall accommodate the safety and
convenience of all users in accordance with complete
streets principles; or
(B) an explicit State department of transportation
policy that, beginning on the effective date of the
policy, all transportation projects in the State shall
accommodate the safety and convenience of all users in
accordance with complete streets principles; and
(2) in the case of a metropolitan planning organization, an
explicit statement of policy that, beginning on the effective
date of the policy, all transportation projects under the
jurisdiction of the metropolitan planning organization shall
accommodate the safety and convenience of all users in
accordance with complete streets principles.
(b) Inclusions.--
(1) In general.--A law or policy described in subsection
(a) shall--
(A) apply to each federally funded project of each
State department of transportation or metropolitan
planning organization transportation improvement
program;
(B) include a statement that each project under the
transportation improvement program makes streets or
affected rights-of-way accessible to users of all ages
and abilities, including pedestrians, bicyclists,
transit vehicles and users, and motorists;
(C) except as provided in paragraph (2), apply to
new road construction and road modification projects,
including design, planning, construction,
reconstruction, rehabilitation, maintenance, and
operations, for the entire right-of-way;
(D) indicate that improvements for the safe and
convenient travel by pedestrians or bicyclists on or
across streets shall be fully assessed, considered, and
documented as a routine element of pavement resurfacing
projects;
(E) delineate a clear procedure by which
transportation improvement projects may be exempted
from complying with complete streets principles, which
shall require--
(i) approval by the appropriate senior
manager, in accordance with subsection (d)(2);
and
(ii) documentation, with supporting data,
that indicates the basis for such an exemption;
(F) comply with up-to-date design standards,
particularly standards relating to providing access for
individuals with disabilities;
(G) require that complete streets principles be
applied in due consideration of the urban, suburban, or
rural context in which a project is located; and
(H) include a list of performance standards with
measurable outcomes to ensure that the transportation
improvement program adheres to complete streets
principles.
(2) Exception.--A law or policy described in subsection (a)
shall not apply to a new road construction or modification
project for which, as of the effective date of the law or
policy, at least 30 percent of the design phase is completed.
(c) Promotion.--Each State department of transportation and
metropolitan planning organization shall promote the development of
complete streets policies in applicable local jurisdictions.
(d) Exemption Requirements and Procedures.--A law or policy
described in subsection (a) shall allow for a project-specific
exemption from an applicable complete streets policy only if--
(1)(A) an affected roadway prohibits, by law, use of the
roadway by specified users, in which case a greater effort
shall be made to accommodate those specified users elsewhere,
including on roadways that cross or otherwise intersect with
the affected roadway;
(B) the cost to the exempted project in achieving
compliance with the applicable complete streets policy would be
excessively disproportionate (as defined in the 2001 Department
of Transportation Guidance on Accommodating Bicycle and
Pedestrian Travel), as compared to the need or probable use of
a particular complete street; or
(C) the existing and planned population and employment
densities or level of transit service around a particular
roadway is so low, as determined by the Secretary, that there
is a documented absence of a need to implement the applicable
complete streets policy; and
(2) the project-specific exemption is approved by--
(A) a senior manager of the metropolitan planning
organization that approved the transportation
improvement program containing the exempted project;
(B) a senior manager of the relevant State
department of transportation; or
(C) in the case of a project for which neither the
metropolitan planning organization nor the State
department of transportation is the agency with primary
transportation planning authority, a senior manager of
the regional, county, or city agency responsible for
planning and approval of the project.
(e) Integration.--Each State department of transportation and
metropolitan planning organization implementing a complete streets
policy shall incorporate complete streets principles into all aspects
of the transportation project development, programming, and delivery
process, including project planning and identification, scoping
procedures, design approvals, design manuals, and performance measures.
(f) Reports.--
(1) In general.--Each State department of transportation
shall submit to the Secretary a report describing the
implementation by the State of measures to achieve compliance
with the requirements of this section, at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether the
applicable State has achieved compliance with the requirements
of this section.
SEC. 4. USER ACCESS AND CONSIDERATION.
Section 217 of title 23, United States Code, is amended by striking
subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Subject to paragraph (4), all users
shall be given due consideration in each comprehensive
transportation plan developed by a metropolitan planning
organization or a State in accordance with section 134 or 135,
respectively.
``(2) Access for all users.--Subject to paragraph (4), each
project for new construction or reconstruction of a
transportation facility shall include consideration of
appropriate bicycle transportation facilities, pedestrian
walkways, and safe access to existing and planned public
transportation, except in any case in which bicycle or
pedestrian use is not permitted.
``(3) Safety considerations.--Subject to paragraph (4),
each transportation plan and project shall provide due
consideration for safety and contiguous routes for all users,
including--
``(A) safe access to transit stops and facilities;
and
``(B) the installation, where appropriate, and
maintenance of audible traffic signals and signs at
street crossings.
``(4) Exemptions.--A transportation plan or project may
receive an exemption from an applicable requirement under
paragraph (1), (2), or (3) only if--
``(A)(i) a roadway affected by the transportation
plan or project prohibits, by law, use of the roadway
by specified users, in which case a greater effort
shall be made to accommodate those specified users
elsewhere, including on roadways that cross or
otherwise intersect with the affected roadway;
``(ii) the cost to the exempted transportation plan
or project in achieving compliance with the requirement
would be excessively disproportionate (as defined in
the 2001 Department of Transportation Guidance on
Accommodating Bicycle and Pedestrian Travel), as
compared to the need or probable use of a roadway
affected by the transportation plan or project; or
``(iii) the existing and planned population and
employment densities or level of transit service around
a particular roadway affected by the transportation
plan or project is so low, as determined by the
Secretary, that there is a documented absence of a need
to implement the applicable requirement; and
``(B) the exemption is approved by--
``(i) a senior manager of the metropolitan
planning organization that approved the
transportation plan or project;
``(ii) a senior manager of the relevant
State department of transportation; or
``(iii) in the case of a transportation
plan or project for which neither the
metropolitan planning organization nor the
State department of transportation is the
agency with primary transportation planning
authority, a senior manager of the regional,
county, or city agency responsible for planning
and approval of the transportation plan or
project.''.
SEC. 5. CERTIFICATION AND COMPLIANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a method of ensuring
compliance by State departments of transportation and metropolitan
planning organizations with the requirements of this Act, including a
requirement that each State department of transportation and
metropolitan planning organization shall submit to the Secretary a
report describing--
(1) each complete streets policy adopted by the State
department of transportation or metropolitan planning
organization;
(2) the means of implementation by the State department of
transportation or metropolitan planning organization of the
complete streets policy; and
(3) any exemptions provided, and the process for providing
an exemption, from the requirements of the complete streets
policy of the State department of transportation or
metropolitan planning organization.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing--
(1) the method established under subsection (a);
(2) the status of activities for adoption and
implementation by State departments of transportation and
metropolitan planning organizations of complete streets
policies;
(3) the tools and resources provided by the Secretary to
State departments of transportation and metropolitan planning
organizations to assist with that adoption and implementation;
and
(4) other measures carried out by the Secretary to
encourage the adoption of complete streets policies by local
jurisdictions.
(c) Project Certification.--
(1) In general.--Except as provided in paragraph (2), each
State shall require that each agency with primary design,
construction, or financial responsibility for a federally
funded project located within the jurisdiction of a
transportation improvement program of the State shall--
(A) review the project at the final design stage to
ensure incorporation in the project of each applicable
complete streets policy described in section 3; and
(B) not later than 1 year after the date on which
the project is opened for public use, submit to the
State a certification that the project achieves
compliance with each applicable complete streets
policy.
(2) Exceptions.--A State may provide an exception to the
requirements of paragraph (1) for a project the cost of which
is less than an amount to be determined by the Secretary, by
regulation.
(3) Subsequent certifications.--During the period beginning
on the date of submission of the initial certification under
paragraph (1) and ending on the date on which construction of
the applicable project is completed, when the project undergoes
a substantial design change, as determined by the Secretary,
each agency described in paragraph (1) shall submit to the
State a recertification that the project is in compliance with
each applicable complete streets policy.
SEC. 6. SAFETY FUNDING IN NONCOMPLIANT STATES.
(a) Definition of Noncompliant State.--In this section, the term
``noncompliant State'' means a State that fails to achieve compliance
with the requirements of section 3 by the date described in that
section.
(b) Requirement.--Of the funds apportioned to a noncompliant State
under section 104(b)(3) of title 23, United States Code, for the
applicable fiscal year, the noncompliant State shall use to carry out a
highway safety program under section 402 of title 23, United States
Code--
(1) 1 percent for the first fiscal year of noncompliance;
(2) 2 percent for the second fiscal year of noncompliance;
and
(3) 3 percent for the third fiscal year of noncompliance
and each fiscal year thereafter until the noncompliant State
achieves compliance with the requirements of section 3.
SEC. 7. ACCESSIBILITY STANDARDS.
(a) Final Standards.--Not later than 1 year after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board established by section 502(a)(1) of the Rehabilitation
Act of 1973 (29 U.S.C. 792(a)(1)) shall promulgate final standards for
accessibility of new construction and alteration of pedestrian
facilities for public rights-of-way.
(b) Temporary Standards.--During the period beginning on the date
of enactment of this Act and ending on the date on which the
Architectural and Transportation Barriers Compliance Board promulgates
final standards under subsection (a), a State or metropolitan planning
organization shall apply to public rights-of-way--
(1) the standards for accessible transportation facilities
contained in section 37.9 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this
Act); or
(2) if the standards referred to in paragraph (1) do not
address, or are inapplicable to, an affected public right-of-
way, the revised draft guidelines for accessible public rights-
of-way of the Architectural and Transportation Barriers
Compliance Board dated November 23, 2005.
SEC. 8. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION ASSISTANCE.
(a) Research.--
(1) In general.--The Secretary shall conduct research
regarding complete streets to assist States, metropolitan
planning organizations, and local jurisdictions in developing,
adopting, and implementing plans, projects, procedures,
policies, and training programs that comply with complete
streets principles.
(2) Participation.--The Secretary shall solicit
participation in the research program under paragraph (1) by--
(A) the American Association of State Highway and
Transportation Officials;
(B) the Institute of Transportation Engineers;
(C) the American Public Transportation Association;
(D) the American Planning Association;
(E) the National Association of Regional Councils;
(F) the Association of Metropolitan Planning
Organizations;
(G) representatives of disability, motoring,
bicycling, walking, transit user, aging, and air
quality organizations; and
(H) other affected communities.
(3) Requirements.--The research under paragraph (1) shall--
(A) be based on the applicable statement of
complete streets research needs of the Transportation
Research Board, as described in TR Circular E110; and
(B) seek to develop new areas of inquiry, in
addition to that statement.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $2,000,000 for each
applicable fiscal year to carry out this subsection.
(b) Benchmarks and Guidance.--
(1) In general.--The research conducted under subsection
(a) shall be designed to result in the establishment of
benchmarks and the provision of practical guidance on methods
of effectively implementing complete streets policies and
complete streets principles that will accommodate all users
along a facility or corridor, including vehicles, pedestrians,
bicyclists, and transit users.
(2) Focus.--The benchmarks and guidance under paragraph (1)
shall--
(A) focus on modifying scoping, design, and
construction procedures to more effectively combine
particular methods of use into integrated facilities
that meet the needs of each method in an appropriate
balance; and
(B) indicate the expected operational and safety
performance of alternative approaches to facility
design.
(c) Technical Guidance.--
(1) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall prepare and make
available to all States, metropolitan planning organizations,
and local jurisdictions a report that describes the best
practices by which transportation agencies throughout the
United States have implemented complete streets principles in
accordance with, or in anticipation of, the requirements of
this Act.
(2) Topics for emphasis.--In preparing the report under
paragraph (1), the Secretary shall place particular emphasis on
the following topics:
(A) Procedures for identifying the needs of users
of all ages and abilities of a particular roadway.
(B) Procedures for identifying the types and
designs of facilities needed to serve each class of
users.
(C) Benefits provided by the implementation of
complete streets principles.
(D) Common barriers to the implementation of
complete streets principles.
(E) Procedures for overcoming the most common
barriers to the implementation of complete streets
principles.
(F) Procedures for identifying the costs associated
with the implementation of complete streets principles.
(G) Procedures for maximizing local cooperation in
the introduction and implementation of complete streets
principles.
(H) Procedures for assessing and modifying the
facilities and operational characteristics of existing
roadways to improve consistency with complete streets
principles.
(d) Data Collection.--In addition to preparing the report under
subsection (c), the Secretary shall collaborate with the Bureau of
Transportation Statistics, the Federal Transit Administration, and
appropriate committees of the Transportation Research Board--
(1) to collect data regarding a baseline nonmotorized and
transit use survey to be integrated into the National Household
Transportation Survey; and
(2) to develop a survey tool for use by State departments
of transportation in identifying the multimodal capacity of
State and local roadways.
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