Connecting America’s Active Transportation System Act

II 117TH CONGRESS 1ST SESSION S. 684 To direct the Secretary of Transportation to carry out an active transpor- tation investment program to make grants to eligible applicants to build safe and connected options for bicycles and walkers within and between communities, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 10, 2021 Mr. MARKEY (for himself, Mr. SULLIVAN, and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Secretary of Transportation to carry out an active transportation investment program to make grants to eligible applicants to build safe and connected options for bicycles and walkers within and between communities, 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 ‘‘Connecting America’s 4 Active Transportation System Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 684 IS (1) Nearly half of the trips taken in the United 1 States are within a 20-minute bicycle ride, and near- 2 ly a quarter of such trips are within a 20-minute 3 walk. 4 (2) Approximately 90 percent of public trans- 5 portation trips are accessible by walking or bicycling. 6 (3) Communities that invest in active transpor- 7 tation infrastructure experience significant increases 8 in bicycling and walking rates over time, and such 9 investments are in strong demand because they lead 10 to a higher quality of life, better health, a stronger 11 economy, and increased mobility in communities 12 where investments are made. 13 (4) The communities that perform best in en- 14 couraging active transportation create inter- 15 connected systems that make it convenient and safe 16 to travel on foot or by bicycle to destinations on a 17 routine basis. 18 (5) Achieving a mode shift to active transpor- 19 tation within a community requires intensive, con- 20 centrated funding of active transportation systems 21 rather than discrete, piecemeal projects. 22 (6) Increased use of active transportation re- 23 duces traffic congestion, greenhouse gas emissions, 24 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 684 IS vehicle miles traveled, and rates of obesity and 1 chronic disease associated with physical inactivity. 2 (7) Given the contribution that active transpor- 3 tation makes to national policy goals, and the oppor- 4 tunity active transportation provides to accommo- 5 date short trips at the least cost to the public and 6 individuals, funding of active transportation is one 7 of the most strategic and cost-effective Federal 8 transportation investments available. 9 (8) The Federal Government is uniquely quali- 10 fied to facilitate interstate connections necessary to 11 build long distance active transportation spines and 12 regional connections in communities that span State 13 boundaries. 14 SEC. 3. ACTIVE TRANSPORTATION INFRASTRUCTURE IN- 15 VESTMENT PROGRAM. 16 (a) IN GENERAL.—Subject to the availability of ap- 17 propriations, the Secretary shall carry out an active trans- 18 portation infrastructure investment program to make 19 grants, on a competitive basis, to eligible organizations to 20 construct eligible projects to provide safe and connected 21 active transportation facilities in an active transportation 22 network or active transportation spine. 23 (b) APPLICATION.— 24 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 684 IS (1) IN GENERAL.—To be eligible to receive a 1 grant under this section, an eligible organization 2 shall submit to the Secretary an application in such 3 manner and containing such information as the Sec- 4 retary may require. 5 (2) ELIGIBLE PROJECTS PARTIALLY ON FED- 6 ERAL LAND.—With respect to an application for an 7 eligible project that is located in part on Federal 8 land, an eligible organization shall enter into a coop- 9 erative agreement with the appropriate Federal 10 agency with jurisdiction over such land to submit an 11 application described in paragraph (1). 12 (c) APPLICATION CONSIDERATIONS.—In making a 13 grant for construction of an active transportation network 14 or active transportation spine under this section, the Sec- 15 retary shall consider the following: 16 (1) Whether the eligible organization submitted 17 a plan for an eligible project for the development of 18 walking and bicycling infrastructure that is likely to 19 provide substantial additional opportunities for walk- 20 ing and bicycling, including effective plans— 21 (A) to create an active transportation net- 22 work connecting destinations within or between 23 communities, including schools, workplaces, 24 residences, businesses, recreation areas, and 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 684 IS other community areas, or create an active 1 transportation spine connecting two or more 2 communities, metropolitan regions, or States; 3 and 4 (B) to integrate active transportation fa- 5 cilities with transit services, where available, to 6 improve access to public transportation. 7 (2) Whether the eligible organization dem- 8 onstrates broad community support through— 9 (A) the use of public input in the develop- 10 ment of transportation plans; and 11 (B) the commitment of community leaders 12 to the success and timely implementation of an 13 eligible project. 14 (3) Whether the eligible organization provides 15 evidence of commitment to traffic safety, regula- 16 tions, financial incentives, or community design poli- 17 cies that facilitate significant increases in walking 18 and bicycling. 19 (4) The extent to which the eligible organiza- 20 tion demonstrates commitment of State, local, or eli- 21 gible Federal matching funds, and land or in-kind 22 contributions, in addition to the local match required 23 under subsection (f)(1), unless the applicant quali- 24 fies for an exception under subsection (f)(2). 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 684 IS (5) The extent to which the eligible organiza- 1 tion demonstrates that the grant will address exist- 2 ing disparities in bicyclist and pedestrian fatality 3 rates based on race or income level or provide access 4 to jobs and services for low-income communities and 5 communities of color. 6 (6) Whether the eligible organization dem- 7 onstrates how investment in active transportation 8 will advance safety for pedestrians and cyclists, ac- 9 cessibility to jobs and key destinations, economic 10 competitiveness, environmental protection, and qual- 11 ity of life. 12 (d) USE OF FUNDS.— 13 (1) IN GENERAL.—Of the amounts made avail- 14 able to carry out this section and subject to para- 15 graphs (2) and (3), the Secretary shall obligate— 16 (A) not less than 30 percent to eligible 17 projects that construct active transportation 18 networks that connect people with public trans- 19 portation, businesses, workplaces, schools, resi- 20 dences, recreation areas, and other community 21 activity centers; and 22 (B) not less than 30 percent to eligible 23 projects that construct active transportation 24 spines. 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 684 IS (2) PLANNING AND DESIGN GRANTS.—Each fis- 1 cal year, the Secretary shall set aside not less than 2 $3,000,000 of the funds made available to carry out 3 this section to provide planning grants for eligible 4 organizations to develop plans for active transpor- 5 tation networks and active transportation spines. 6 (3) ADMINISTRATIVE COSTS.—Each fiscal year, 7 the Secretary shall set aside not more than 8 $2,000,000 of the funds made available to carry out 9 this section to cover the costs of administration, re- 10 search, technical assistance, communications, and 11 training activities under the program. 12 (4) LIMITATION ON STATUTORY CONSTRUC- 13 TION.—Nothing in this subsection prohibits an eligi- 14 ble organization from receiving research or other 15 funds under title 23 or 49, United States Code. 16 (e) GRANT TIMING.— 17 (1) REQUEST FOR APPLICATION.—Not later 18 than 30 days after funds are made available to carry 19 out this section for a fiscal year, the Secretary shall 20 publish in the Federal Register a request for appli- 21 cations for grants under this section for that fiscal 22 year. 23 (2) SELECTION OF GRANT RECIPIENTS.—Not 24 later than 150 days after funds are made available 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 684 IS to carry out this section for a fiscal year, the Sec- 1 retary shall select grant recipients of grants under 2 this section for that fiscal year. 3 (f) FEDERAL SHARE.— 4 (1) IN GENERAL.—Except as provided in para- 5 graph (2), the Federal share of the cost of an eligi- 6 ble project carried out using a grant under this sec- 7 tion shall not exceed 80 percent of the total project 8 cost. 9 (2) EXCEPTION FOR DISADVANTAGED COMMU- 10 NITIES.—For eligible projects serving communities 11 with a poverty rate of over 40 percent based on the 12 majority of census tracts served by the eligible 13 project, the Secretary may increase the Federal 14 share of the cost of the eligible project up to 100 15 percent of the total project cost. 16 (g) ASSISTANCE TO INDIAN TRIBES.—In carrying 17 out this section, the Secretary may enter into grant agree- 18 ments, self-determination contracts, and self-governance 19 compacts under the Indian Self-Determination and Edu- 20 cation Assistance Act (25 U.S.C. 5301 et seq.) with Indian 21 tribes that are eligible organizations, and such agree- 22 ments, contracts, and compacts shall be administered in 23 accordance with that Act. 24 (h) REPORTS.— 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 684 IS (1) INTERIM REPORT.—Not later than Sep- 1 tember 30, 2024, the Secretary shall submit to Con- 2 gress a report containing the information described 3 in paragraph (3). 4 (2) FINAL REPORT.—Not later than September 5 30, 2026, the Secretary shall submit to Congress a 6 report containing the information described in para- 7 graph (3). 8 (3) REPORT INFORMATION.—A report sub- 9 mitted under this subsection shall contain the fol- 10 lowing, with respect to the period covered by the ap- 11 plicable report: 12 (A) A list of grants made under this sec- 13 tion. 14 (B) Best practices of eligible organizations 15 that receive grants under this section in imple- 16 menting eligible projects. 17 (C) Impediments experienced by eligible 18 organizations that receive grants under this sec- 19 tion in developing and shifting to active trans- 20 portation. 21 (i) RULE REQUIRED.—Not later than 1 year after 22 the date of enactment of this Act, the Secretary shall issue 23 a final rule that encourages the use of the programmatic 24 categorical exclusion, expedited procurement techniques, 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 684 IS and other best practices to facilitate productive and timely 1 expenditures for eligible projects that are small, low-im- 2 pact, and constructed within an existing built environ- 3 ment. 4 (j) AUTHORIZATION OF APPROPRIATIONS.— 5 (1) IN GENERAL.—There is authorized to be 6 appropriated to the Secretary to carry out this sec- 7 tion $500,000,000 for each of fiscal years 2022 8 through 2026. 9 (2) AVAILABILITY.—The amounts made avail- 10 able to carry out this section shall remain available 11 until expended. 12 (k) DEFINITIONS.—In this Act: 13 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac- 14 tive transportation’’ means mobility options powered 15 primarily by human energy, including bicycling and 16 walking. 17 (2) ACTIVE TRANSPORTATION NETWORK.—The 18 term ‘‘active transportation network’’ means facili- 19 ties built for active transportation, including side- 20 walks, bikeways, and pedestrian and bicycle trails, 21 that connect between destinations within a commu- 22 nity or metropolitan region. 23 (3) ACTIVE TRANSPORTATION SPINE.—The 24 term ‘‘active transportation spine’’ means facilities 25 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 684 IS built for active transportation, including sidewalks, 1 bikeways, and pedestrian and bicycle trails that con- 2 nect between communities, metropolitan regions, or 3 States. 4 (4) COMMUNITY.—The term ‘‘community’’ 5 means a geographic area that is socioeconomically 6 interdependent and may include rural, suburban, 7 and urban jurisdictions. 8 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- 9 ble organization’’ means— 10 (A) a local or regional governmental orga- 11 nization, including a metropolitan planning or- 12 ganization or regional planning organization or 13 council; 14 (B) a multicounty special district; 15 (C) a State; 16 (D) a multistate group of governments; or 17 (E) an Indian tribe. 18 (6) ELIGIBLE PROJECT.—The term ‘‘eligible 19 project’’ means an active transportation project or 20 group of projects— 21 (A) within or between a community or 22 group of communities, at least one of which 23 falls within the jurisdiction of an eligible orga- 24 VerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 684 IS nization, which has submitted an application 1 under this section; and 2 (B) that has— 3 (i) a total cost of not less than 4 $15,000,000; or 5 (ii) with respect to planning and de- 6 sign grants, planning and design costs of 7 not less than $100,000. 8 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 9 has the meaning given the term in section 4 of the 10 Indian Self-Determination and Education Assistance 11 Act (25 U.S.C. 5304). 12 (8) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary [Text truncated for display. Full text available on Congress.gov.]