Bill Summary
The Complete Streets Act of 2019 is a bill that establishes a complete streets program and requires states and metropolitan planning organizations to adopt and implement design standards for federal surface transportation projects that accommodate all users, including individuals with disabilities. It also provides a competitive process for eligible entities to receive grants for complete streets projects and requires the use of the latest design criteria and guidelines. The Secretary is responsible for creating guidelines and benchmarks for complete streets programs and policies, and states must report on their implementation and certification. Eligible entities must develop a prioritization plan to receive grants for complete streets infrastructure.
Possible Impacts
1. The establishment of a complete streets program will provide technical assistance and grants for the design and construction of complete streets projects, which will benefit both motorized and non-motorized users of the surface transportation network, ensuring their safety and accommodation.
2. The creation of guidelines and benchmarks for complete streets programs and policies by the Secretary will help eligible entities in developing a complete streets prioritization plan, which will make them eligible for grants for complete streets infrastructure. This will lead to improved and safer transportation options for individuals with disabilities.
3. The amendment to section 1442 of the FAST Act will require states and metropolitan planning organizations to adopt and implement standards for the design of federal surface transportation projects that accommodate all users, including individuals with disabilities, throughout the entire planning and development process. This will lead to more inclusive and accessible transportation options for all individuals.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2077 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2077
To establish the complete streets program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2019
Mr. Markey (for himself, Mr. Blumenthal, and Mr. Schatz) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To establish the complete streets program, and for other purposes.
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 2019''.
SEC. 2. COMPLETE STREETS PROGRAM.
(a) Definitions.--In this section:
(1) Complete streets.--The term ``complete street'' means a
public road that provides safe and accessible options for
multiple travel modes for people of all ages and abilities,
including modes such as walking, cycling, transit, automobiles,
and freight.
(2) Complete streets policy.--The term ``complete streets
policy'' means a policy adopted by an eligible entity under
subsection (d)(1).
(3) Complete streets principle.--The term ``complete
streets principle'' means a principle at the local, State, or
regional level that ensures--
(A) the safe and 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, individuals with
disabilities, motorists, and freight vehicles; and
(B) the consideration of the safety and convenience
of all users of the transportation system in all phases
of project planning and development.
(4) Complete streets prioritization plan.--The term
``complete streets prioritization plan'' means a plan developed
by an eligible entity under subsection (e)(1) that is a
comprehensive strategy and list of specific projects to design,
and carry out the design of, complete streets--
(A) to improve safety, mobility, or accessibility
of a street;
(B) that identifies--
(i) the streets and infrastructure to be
affected by a project;
(ii) a cost estimate of the project; and
(iii) a timeline for the completion of the
project; and
(C) that aligns with local infrastructure plans and
roadway maintenance schedules.
(5) Complete streets program.--The term ``complete streets
program'' means a program established by a State under
subsection (b)(1).
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of local government;
(B) a regional planning organization;
(C) a metropolitan planning organization;
(D) a transit agency;
(E) a natural resource or public land agency;
(F) a Tribal government;
(G) a nonprofit entity responsible for the
administration of local transportation safety programs;
or
(H) any other local or regional governmental
entity, other than a State agency, with responsibility
for or oversight of transportation or recreational
trails that the State in which the project will occur
determines to be eligible, consistent with the goals of
this section.
(7) Metropolitan planning organization.--The term
``metropolitan planning organization'' means a metropolitan
planning organization designated under--
(A) section 134 of title 23, United States Code; or
(B) section 5303 of title 49, United States Code.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--
(1) In general.--Not later than October 1 of the first
fiscal year that begins not less than 2 years after the date of
enactment of this Act, each State shall establish a program for
a competitive process for an eligible entity to seek--
(A) technical assistance for a project to design
and construct a project included in the complete
streets prioritization plan of the eligible entity
under subsection (f)(4); and
(B) grants for the design and construction of
complete streets under subsection (g).
(2) Funding.--Not later than October 1 of the first fiscal
year that begins not less than 3 years after the date of
enactment of this Act, each State shall begin to provide grants
for the design and construction of complete streets under
subsection (g)(1).
(3) Goals.--The goals of a complete streets program are--
(A) to provide technical assistance and incentives
for the adoption of complete streets policies;
(B) to encourage eligible entities to adopt a
strategic and comprehensive approach for the
development of complete streets;
(C) to facilitate better pedestrian, bicycle, and
public transit travel for users of all ages and
abilities by addressing critical gaps in pedestrian,
bicycle, and public transit infrastructure;
(D) to distribute funding to reward eligible
entities that have committed to adopting complete
streets best practices developed by the Secretary under
subsection (c); and
(E) to ensure that underserved municipalities are
served equitably by the complete streets program.
(c) Complete Streets Benchmarks and Guidance.--
(1) In general.--Not later than 450 days after the date of
enactment of this Act, the Secretary shall prepare and make
available to States and eligible entities benchmarks and
guidance by which--
(A) States can carry out complete streets programs;
(B) eligible entities can carry out complete
streets policies and complete streets principles; and
(C) eligible entities can evaluate the
effectiveness of complete streets projects.
(2) Focus.--The benchmarks and guidance prepared and made
available under paragraph (1) shall--
(A) be designed to result in the establishment of
methods of effectively carrying out a complete streets
policy, a complete streets program, and complete
streets principles, as applicable;
(B) focus on modifying scoping, design, and
construction procedures to more effectively combine
modes of transportation into integrated facilities that
meet the needs of each of those modes of transportation
in an appropriate balance; and
(C) indicate the expected operational and safety
performance of alternative approaches to facility
design.
(3) Topics of emphasis.--In preparing the benchmarks and
guidance under paragraph (1), the Secretary shall emphasize--
(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) safety and other benefits provided by carrying
out complete streets principles;
(D) common barriers to carrying out complete
streets principles;
(E) procedures for overcoming the most common
barriers to carrying out complete streets principles;
(F) procedures for identifying the costs associated
with carrying out complete streets principles;
(G) procedures for maximizing local cooperation in
the introduction of complete streets principles and
carrying out those principles; and
(H) procedures for assessing and modifying the
facilities and operational characteristics of existing
roadways to improve consistency with complete streets
principles.
(4) Public review and comment.--The complete streets
benchmarks and guidance prepared and made available under
paragraph (1) shall be subject to a period of public review and
comment.
(d) Complete Streets Policies.--
(1) In general.--An eligible entity seeking technical
assistance or funds from a complete streets program shall adopt
a complete streets policy using complete streets principles and
approved by--
(A) the State of the eligible entity; or
(B) a metropolitan planning organization that
serves an area under the jurisdiction of the eligible
entity.
(2) Requirements.--A complete streets policy of an eligible
entity shall--
(A) include a description of--
(i) how the eligible entity intends to
develop complete streets infrastructure;
(ii) how, after the development of complete
streets infrastructure, the transportation
system will serve users of all ages and
abilities, including pedestrians, bicyclists,
and public transit passengers, as well as
trucks, buses, and automobiles;
(iii) how the complete streets policy will
apply to all projects and phases of projects
that affect the streets under the complete
streets policy, including reconstruction, new
construction, planning, design, maintenance,
and operations, for the entire street;
(iv) any exceptions to the complete streets
policy, including a clear procedure for the
approval of those exceptions, as described in
paragraph (3);
(v) the jurisdiction in which the complete
streets policy applies; and
(vi) the steps necessary for implementation
of the complete streets policy;
(B) encourage a comprehensive, integrated, and
connected network for all modes of transportation;
(C) benefit users of all abilities;
(D) emphasize the need to coordinate with other
jurisdictions with respect to the streets under the
jurisdiction of the complete streets policy;
(E) require the use of the latest and best design
criteria and guidelines, particularly standards
relating to providing access to individuals with
disabilities, in projects under the complete streets
policy;
(F) recognize the need for flexibility in balancing
user needs;
(G) be context sensitive and complement the
community, including consideration of the urban,
suburban, or rural location in which a project is
located;
(H) establish performance standards with measurable
outcomes to ensure that the complete streets
infrastructure complies with complete streets
principles;
(I) meet the minimum standards established by the
Secretary under subsection (e)(2)(A); and
(J) except as provided in paragraph (3), require
the complete streets policy to apply to new road
construction and road modification projects, including
design, planning, construction, reconstruction,
rehabilitation, maintenance, and operations, for the
entire right-of-way under the jurisdiction of the
complete streets policy.
(3) Exemption requirements and procedures.--A complete
streets policy shall allow for a project-specific exemption
from the complete streets policy if--
(A) the roadway affected by the project may not,
under applicable law, be used by certain types of
users, in which case the eligible entity shall make a
greater effort to accommodate the types of users
elsewhere, including on roadways that cross or
otherwise intersect with the affected roadway;
(B) the cost of the project to comply with the
complete streets policy would be excessively
disproportionate (as defined in the document of the
Department of Transportation entitled ``Design Guidance
Accommodating Bicycle and Pedestrian Travel: A
Recommended Approach'' and required under section
1202(b) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 217 note; Public Law 105-178))
compared to the need or particular use of the affected
roadway; or
(C) the existing and expected population,
employment density, traffic volume, or level of transit
service on and around the affected roadway is so low
that the expected users of the affected roadway will
not include pedestrians, public transportation, freight
vehicles, or bicyclists.
(4) Guidance.--The Secretary shall establish guidance for a
State or metropolitan planning organization to evaluate and
approve a complete streets policy of an eligible entity.
(5) Reports.--
(A) In general.--Each State department of
transportation shall submit to the Secretary a report
describing the implementation by the State of measures
to achieve complete streets principles within complete
streets policies of eligible entities within the State
at such time, in such manner, and containing such
information as the Secretary may require.
(B) Determination by secretary.--On receipt of a
report under subparagraph (A), the Secretary shall
determine whether the complete streets program of the
State has incorporated complete streets principles into
all aspects of the transportation project development,
programming, and delivery process, including project
planning, project identification, project scoping
procedures, design approval, design manuals, and
performance measures.
(e) Certification.--
(1) Certification of state programs.--Not later than
October 1 of the first fiscal year that begins not less than 3
years after the date of enactment of this Act, the Secretary
shall establish a method of evaluating and certifying
compliance by States with the requirements of this Act,
including a requirement that each State department of
transportation submit a report to the Secretary that
describes--
(A) the complete streets program of the State;
(B) the plan to carry out the complete streets
program of the State; and
(C) the degree of involvement of eligible entities
within the State in developing and carrying out the
complete streets program of the State.
(2) Minimum standards for complete streets policies.--Not
later than October 1 of the first fiscal year that begins not
less than 1 year after the date of enactment of this Act, the
Secretary shall establish minimum requirements for the
certification of an eligible entity by a State or metropolitan
planning organization that describes--
(A) the minimum standards for a complete streets
policy that allows an eligible entity to receive a
grant under subsection (g)(1); and
(B) a method for metropolitan planning
organizations to certify that the complete streets
policy of an eligible entity meets the minimum
requirements required by the Secretary under
subparagraph (A).
(3) Report.--Not later than October 1 of the first fiscal
year that begins not less than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes--
(A) the evaluation and certification method
established under paragraph (1);
(B) the status of activities for adopting and
carrying out complete streets programs by States;
(C) the tools and resources provided by the
Secretary to States to assist with adopting and
carrying out complete streets programs by States; and
(D) other measures carried out by the Secretary to
encourage the adoption of complete streets policies by
eligible entities described in subsection (d)(1).
(f) Complete Streets Prioritization Plan.--
(1) In general.--To receive a grant under subsection
(g)(1), an eligible entity shall develop, and the State of the
eligible entity shall approve of, a complete streets
prioritization plan.
(2) Requirements.--In developing a complete streets
prioritization plan, an eligible entity shall prioritize
projects based on the extent to which projects intended to be
included in the complete streets prioritization plan improve--
(A) safety;
(B) pedestrian mobility;
(C) bicycle mobility;
(D) public transit operations and access;
(E) vehicular operations;
(F) freight operations;
(G) air quality; and
(H) any other factor the Secretary determines to be
necessary.
(3) Approval.--A State shall approve of a complete streets
prioritization plan if the State determines that the complete
streets prioritization plan--
(A) meets the requirements of this section; and
(B) meets the goals described in subsection (b)(3).
(4) Technical assistance funding.--A State may provide not
more than $50,000 in each fiscal year to an eligible entity
with a complete streets policy approved by the applicable State
or metropolitan planning organization to conduct studies or
analyses to support the completion of a complete streets
prioritization plan.
(g) Grants for Complete Streets Infrastructure.--
(1) In general.--A State may provide a grant for the design
and construction of one or more projects included in the
complete streets prioritization plan of an eligible entity.
(2) Limitation.--A grant provided to an eligible entity
under paragraph (1) may be in an amount that is not more than
$500,000 for each fiscal year.
(h) Accessibility Standards.--
(1) Final standards.--Not later than 1 year after the date
of enactment of this Act, the Architectural and Transportation
Barriers Compliance Board established under 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.
(2) 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 paragraph (1), a State
or metropolitan planning organization shall apply to public
rights-of-way--
(A) the standards for accessible transportation
facilities in section 37.9 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of
this Act); or
(B) if the standards referred to in subparagraph
(A) do not address, or are inapplicable to, an affected
public right-of-way, the guidelines described in the
notice of availability of draft guidelines of the
Architectural and Transportation Barriers Compliance
Board entitled ``Americans With Disabilities Act (ADA)
Accessibility Guidelines for Buildings and Facilities;
Architectural Barriers Act (ABA) Accessibility
Guidelines; Public Rights-of-Way'' (70 Fed. Reg. 70734
(November 23, 2005)).
(i) Funding.--A State shall obligate 5 percent of the funds
apportioned to the State under section 104(b) of title 23, United
States Code, to carry out the complete streets program of the State.
SEC. 3. SAFETY FOR USERS.
Section 1442 of the FAST Act (23 U.S.C. 109 note; Public Law 114-
94) is amended by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall require each State and
metropolitan planning organization to adopt and implement standards for
the design of Federal surface transportation projects that provide for
the safe and adequate accommodation of all users of the surface
transportation network, including motorized and nonmotorized users, in
all phases of project planning, development, and operation.''.
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