II 117TH CONGRESS 1ST SESSION S. 425 To require States to establish complete streets programs, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 24, 2021 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 require States to establish complete streets programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Complete Streets Act 4 of 2021’’. 5 SEC. 2. COMPLETE STREETS PROGRAM. 6 (a) DEFINITIONS.—In this section: 7 (1) COMPLETE STREET.—The term ‘‘complete 8 street’’ means a public road that provides safe and 9 accessible options for multiple travel modes for peo- 10 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 2 •S 425 IS ple of all ages and abilities, including modes such as 1 walking, cycling, transit, automobiles, and freight. 2 (2) COMPLETE STREETS POLICY.—The term 3 ‘‘complete streets policy’’ means a complete streets 4 policy adopted by an eligible entity under subsection 5 (d)(1). 6 (3) COMPLETE STREETS PRINCIPLE.—The term 7 ‘‘complete streets principle’’ means a principle at the 8 local, State, or regional level that ensures— 9 (A) the safe and adequate accommodation, 10 in all phases of project planning and develop- 11 ment, of all users of the transportation system, 12 including pedestrians, bicyclists, public transit 13 users, children, older individuals, individuals 14 with disabilities, motorists, and freight vehicles; 15 and 16 (B) the consideration of the safety and 17 convenience of all users of the transportation 18 system in all phases of project planning and de- 19 velopment. 20 (4) COMPLETE STREETS PRIORITIZATION 21 PLAN.—The term ‘‘complete streets prioritization 22 plan’’ means a complete streets prioritization plan 23 developed by an eligible entity under subsection 24 (f)(1). 25 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 3 •S 425 IS (5) COMPLETE STREETS PROGRAM.—The term 1 ‘‘complete streets program’’ means a complete 2 streets program established by a State under sub- 3 section (b)(1). 4 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 5 ty’’ means— 6 (A) a unit of local government; 7 (B) a regional planning organization; 8 (C) a metropolitan planning organization; 9 (D) a transit agency; 10 (E) a natural resource or public land agen- 11 cy; 12 (F) a Tribal government; 13 (G) a nonprofit entity responsible for the 14 administration of local transportation safety 15 programs; or 16 (H) any other local or regional govern- 17 mental entity, other than a State agency, with 18 responsibility for or oversight of transportation 19 or recreational trails that the State in which the 20 project will occur determines to be eligible, con- 21 sistent with the goals of this section. 22 (7) METROPOLITAN PLANNING ORGANIZA- 23 TION.—The term ‘‘metropolitan planning organiza- 24 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 4 •S 425 IS tion’’ means a metropolitan planning organization 1 designated under— 2 (A) section 134 of title 23, United States 3 Code; or 4 (B) section 5303 of title 49, United States 5 Code. 6 (8) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Transportation. 8 (b) ESTABLISHMENT.— 9 (1) IN GENERAL.—Not later than October 1 of 10 the second full fiscal year after the date of enact- 11 ment of this Act, each State shall establish a pro- 12 gram for a competitive process for an eligible entity 13 to seek— 14 (A) technical assistance for a project to de- 15 sign and construct a project included in the 16 complete streets prioritization plan of the eligi- 17 ble entity under subsection (f)(5); and 18 (B) grants for the design and construction 19 of complete streets under subsection (g). 20 (2) FUNDING.—Not later than October 1 of the 21 third full fiscal year that begins after the date of en- 22 actment of this Act, each State shall begin to pro- 23 vide grants for the design and construction of com- 24 plete streets under subsection (g)(1). 25 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 5 •S 425 IS (3) GOALS.—The goals of a complete streets 1 program are— 2 (A) to provide technical assistance and in- 3 centives for the adoption of complete streets 4 policies; 5 (B) to encourage eligible entities to adopt 6 a strategic and comprehensive approach for the 7 development of complete streets; 8 (C) to facilitate better pedestrian, bicycle, 9 and public transit travel for users of all ages 10 and abilities by addressing critical gaps in pe- 11 destrian, bicycle, and public transit infrastruc- 12 ture; 13 (D) to distribute funding to reward eligible 14 entities that have committed to adopting com- 15 plete streets benchmarks developed by the Sec- 16 retary under subsection (c); and 17 (E) to ensure that underserved municipali- 18 ties, neighborhoods, and people, including low- 19 income people and communities of color, are 20 served equitably by the complete streets pro- 21 gram. 22 (c) COMPLETE STREETS BENCHMARKS AND GUID- 23 ANCE.— 24 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 6 •S 425 IS (1) IN GENERAL.—Not later than 450 days 1 after the date of enactment of this Act, the Sec- 2 retary shall develop and make available to States 3 and eligible entities benchmarks and guidance by 4 which— 5 (A) States can carry out complete streets 6 programs; 7 (B) eligible entities can carry out complete 8 streets policies and complete streets principles; 9 and 10 (C) eligible entities can evaluate the effec- 11 tiveness of complete streets projects. 12 (2) FOCUS.—The benchmarks and guidance de- 13 veloped and made available under paragraph (1) 14 shall— 15 (A) be designed to result in the establish- 16 ment of methods of effectively carrying out a 17 complete streets policy, a complete streets pro- 18 gram, and complete streets principles, as appli- 19 cable; 20 (B) focus on modifying scoping, design, 21 and construction procedures to more effectively 22 combine modes of transportation into integrated 23 facilities that meet the needs of each of those 24 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 7 •S 425 IS modes of transportation in an appropriate bal- 1 ance; and 2 (C) indicate the expected operational and 3 safety performance of alternative approaches to 4 facility design. 5 (3) TOPICS OF EMPHASIS.—In developing the 6 benchmarks and guidance under paragraph (1), the 7 Secretary shall emphasize— 8 (A) procedures for identifying the needs of 9 users of all ages and abilities of a particular 10 roadway; 11 (B) procedures for identifying the types 12 and designs of facilities needed to serve each 13 class of users; 14 (C) safety and other benefits provided by 15 carrying out complete streets principles; 16 (D) common barriers to carrying out com- 17 plete streets principles; 18 (E) procedures for overcoming the most 19 common barriers to carrying out complete 20 streets principles; 21 (F) procedures for identifying the costs as- 22 sociated with carrying out complete streets 23 principles; 24 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 8 •S 425 IS (G) procedures for maximizing local co- 1 operation in the introduction of complete streets 2 principles and carrying out those principles; and 3 (H) procedures for assessing and modi- 4 fying the facilities and operational characteris- 5 tics of existing roadways to improve consistency 6 with complete streets principles. 7 (4) PUBLIC REVIEW AND COMMENT.—The com- 8 plete streets benchmarks and guidance developed 9 and made available under paragraph (1) shall be 10 subject to a period of public review and comment. 11 (d) COMPLETE STREETS POLICIES.— 12 (1) IN GENERAL.—An eligible entity seeking 13 technical assistance or funds from a complete streets 14 program shall adopt a complete streets policy using 15 complete streets principles and approved by— 16 (A) the State of the eligible entity; or 17 (B) a metropolitan planning organization 18 that serves an area under the jurisdiction of the 19 eligible entity, subject to the condition that the 20 metropolitan planning organization and the 21 State execute an agreement— 22 (i) under which the State agrees— 23 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 9 •S 425 IS (I) to delegate policy approval 1 authority to the metropolitan planning 2 organization; and 3 (II) to provide funding to the 4 metropolitan planning organization 5 for all reasonable costs related to re- 6 view of a complete streets policy; and 7 (ii) that establishes guidelines for ap- 8 proval of a complete streets policy as re- 9 quired under subsection (e)(2). 10 (2) GUIDANCE.—Not later than October 1 of 11 the first full fiscal year that begins after the date of 12 enactment of this Act, the Secretary shall provide 13 guidance to States and metropolitan planning orga- 14 nizations for review of complete streets policies 15 under this Act. 16 (3) REQUIREMENTS.—A complete streets policy 17 of an eligible entity shall— 18 (A) include a description of— 19 (i) how the eligible entity intends to 20 develop complete streets infrastructure, in- 21 cluding through an assessment of proce- 22 dures, design manuals, performance meas- 23 ures, and training for planners and engi- 24 neers; 25 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 10 •S 425 IS (ii) how, after the development of 1 complete streets infrastructure, the trans- 2 portation system will serve users of all 3 ages and abilities, including pedestrians, 4 bicyclists, and public transit passengers, as 5 well as trucks, buses, and automobiles; 6 (iii) how the complete streets policy 7 will apply to all projects and phases of 8 projects that affect the streets under the 9 complete streets policy, including recon- 10 struction, new construction, planning, de- 11 sign, maintenance, and operations, for the 12 entire street; 13 (iv) any exceptions to the complete 14 streets policy, including a clear procedure 15 for the approval of those exceptions, as de- 16 scribed in paragraph (4); 17 (v) the jurisdiction in which the com- 18 plete streets policy applies; and 19 (vi) the steps necessary for implemen- 20 tation of the complete streets policy; 21 (B) encourage a comprehensive, integrated, 22 and connected network for all modes of trans- 23 portation; 24 (C) benefit users of all abilities; 25 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 11 •S 425 IS (D) emphasize the need to coordinate with 1 other jurisdictions with respect to the streets 2 under the jurisdiction of the complete streets 3 policy; 4 (E) require the use of the latest and best 5 design criteria and guidelines, particularly 6 standards relating to providing access to indi- 7 viduals with disabilities, in projects under the 8 complete streets policy; 9 (F) recognize the need for flexibility in bal- 10 ancing user needs; 11 (G) be context sensitive and complement 12 the community, including consideration of— 13 (i) the urban, suburban, or rural loca- 14 tion in which a project is located; and 15 (ii) planned investments on or near 16 the corridor, such as public transportation; 17 (H) establish performance standards with 18 measurable outcomes to ensure that the com- 19 plete streets infrastructure complies with com- 20 plete streets principles; 21 (I) meet the minimum standards estab- 22 lished by the Secretary under subsection 23 (e)(2)(A)(i); and 24 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 12 •S 425 IS (J) except as provided in paragraph (4), 1 require the complete streets policy to apply to 2 new road construction and road modification 3 projects, including design, planning, construc- 4 tion, reconstruction, rehabilitation, mainte- 5 nance, and operations, for the entire right-of- 6 way under the jurisdiction of the complete 7 streets policy. 8 (4) EXEMPTION REQUIREMENTS AND PROCE- 9 DURES.—A complete streets policy shall allow for a 10 project-specific exemption from the complete streets 11 policy if— 12 (A) the roadway affected by the project 13 may not, under applicable law, be used by cer- 14 tain types of users, in which case the eligible 15 entity shall make a greater effort to accommo- 16 date the types of users elsewhere, including on 17 roadways that cross or otherwise intersect with 18 the affected roadway; 19 (B) the cost of the project to comply with 20 the complete streets policy would be excessively 21 disproportionate (as defined in the document of 22 the Department of Transportation entitled ‘‘De- 23 sign Guidance Accommodating Bicycle and Pe- 24 destrian Travel: A Recommended Approach’’ 25 VerDate Sep 11 2014 23:56 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425 kjohnson on DSK79L0C42PROD with BILLS 13 •S 425 IS and required under section 1202(b) of the 1 Transportation Equity Act for the 21st Century 2 (23 U.S.C. 217 note; Public Law 105–178)) 3 compared to the need or particular use of the 4 affected roadway; or 5 (C) the existing and expected population, 6 employment density, traffic volume, or level of 7 transit service on and around the affected road- 8 way is so low that the expected users of the af- 9 fected roadway will not include pedestrians, 10 public transportation, freight vehicles, or 11 bicyclists. 12 (5) GUIDANCE.—The Secretary shall establish 13 guidance for a State or metropolitan planning orga- 14 nization to evaluate and approve a complete streets 15 policy of an eligible entity. 16 (6) REPORTS.— 17 (A) IN GENERAL.—Each State department 18 of transportation shall submit to the Secre [Text truncated for display. 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