Complete Streets Act of 2019

II 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 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 2019’’. 5 SEC. 2. COMPLETE STREETS PROGRAM. 6 (a) DEFINITIONS.—In this section: 7 (1) COMPLETE STREETS.—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 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2077 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 policy adopted by 4 an eligible entity under subsection (d)(1). 5 (3) COMPLETE STREETS PRINCIPLE.—The term 6 ‘‘complete streets principle’’ means a principle at the 7 local, State, or regional level that ensures— 8 (A) the safe and adequate accommodation, 9 in all phases of project planning and develop- 10 ment, of all users of the transportation system, 11 including pedestrians, bicyclists, public transit 12 users, children, older individuals, individuals 13 with disabilities, motorists, and freight vehicles; 14 and 15 (B) the consideration of the safety and 16 convenience of all users of the transportation 17 system in all phases of project planning and de- 18 velopment. 19 (4) COMPLETE STREETS PRIORITIZATION 20 PLAN.—The term ‘‘complete streets prioritization 21 plan’’ means a plan developed by an eligible entity 22 under subsection (e)(1) that is a comprehensive 23 strategy and list of specific projects to design, and 24 carry out the design of, complete streets— 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2077 IS (A) to improve safety, mobility, or accessi- 1 bility of a street; 2 (B) that identifies— 3 (i) the streets and infrastructure to be 4 affected by a project; 5 (ii) a cost estimate of the project; and 6 (iii) a timeline for the completion of 7 the project; and 8 (C) that aligns with local infrastructure 9 plans and roadway maintenance schedules. 10 (5) COMPLETE STREETS PROGRAM.—The term 11 ‘‘complete streets program’’ means a program estab- 12 lished by a State under subsection (b)(1). 13 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 14 ty’’ means— 15 (A) a unit of local government; 16 (B) a regional planning organization; 17 (C) a metropolitan planning organization; 18 (D) a transit agency; 19 (E) a natural resource or public land agen- 20 cy; 21 (F) a Tribal government; 22 (G) a nonprofit entity responsible for the 23 administration of local transportation safety 24 programs; or 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2077 IS (H) any other local or regional govern- 1 mental entity, other than a State agency, with 2 responsibility for or oversight of transportation 3 or recreational trails that the State in which the 4 project will occur determines to be eligible, con- 5 sistent with the goals of this section. 6 (7) METROPOLITAN PLANNING ORGANIZA- 7 TION.—The term ‘‘metropolitan planning organiza- 8 tion’’ means a metropolitan planning organization 9 designated under— 10 (A) section 134 of title 23, United States 11 Code; or 12 (B) section 5303 of title 49, United States 13 Code. 14 (8) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Transportation. 16 (b) ESTABLISHMENT.— 17 (1) IN GENERAL.—Not later than October 1 of 18 the first fiscal year that begins not less than 2 years 19 after the date of enactment of this Act, each State 20 shall establish a program for a competitive process 21 for an eligible entity to seek— 22 (A) technical assistance for a project to de- 23 sign and construct a project included in the 24 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 2077 IS complete streets prioritization plan of the eligi- 1 ble entity under subsection (f)(4); and 2 (B) grants for the design and construction 3 of complete streets under subsection (g). 4 (2) FUNDING.—Not later than October 1 of the 5 first fiscal year that begins not less than 3 years 6 after the date of enactment of this Act, each State 7 shall begin to provide grants for the design and con- 8 struction of complete streets under subsection 9 (g)(1). 10 (3) GOALS.—The goals of a complete streets 11 program are— 12 (A) to provide technical assistance and in- 13 centives for the adoption of complete streets 14 policies; 15 (B) to encourage eligible entities to adopt 16 a strategic and comprehensive approach for the 17 development of complete streets; 18 (C) to facilitate better pedestrian, bicycle, 19 and public transit travel for users of all ages 20 and abilities by addressing critical gaps in pe- 21 destrian, bicycle, and public transit infrastruc- 22 ture; 23 (D) to distribute funding to reward eligible 24 entities that have committed to adopting com- 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 2077 IS plete streets best practices developed by the 1 Secretary under subsection (c); and 2 (E) to ensure that underserved municipali- 3 ties are served equitably by the complete streets 4 program. 5 (c) COMPLETE STREETS BENCHMARKS AND GUID- 6 ANCE.— 7 (1) IN GENERAL.—Not later than 450 days 8 after the date of enactment of this Act, the Sec- 9 retary shall prepare and make available to States 10 and eligible entities benchmarks and guidance by 11 which— 12 (A) States can carry out complete streets 13 programs; 14 (B) eligible entities can carry out complete 15 streets policies and complete streets principles; 16 and 17 (C) eligible entities can evaluate the effec- 18 tiveness of complete streets projects. 19 (2) FOCUS.—The benchmarks and guidance 20 prepared and made available under paragraph (1) 21 shall— 22 (A) be designed to result in the establish- 23 ment of methods of effectively carrying out a 24 complete streets policy, a complete streets pro- 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 2077 IS gram, and complete streets principles, as appli- 1 cable; 2 (B) focus on modifying scoping, design, 3 and construction procedures to more effectively 4 combine modes of transportation into integrated 5 facilities that meet the needs of each of those 6 modes of transportation in an appropriate bal- 7 ance; and 8 (C) indicate the expected operational and 9 safety performance of alternative approaches to 10 facility design. 11 (3) TOPICS OF EMPHASIS.—In preparing the 12 benchmarks and guidance under paragraph (1), the 13 Secretary shall emphasize— 14 (A) procedures for identifying the needs of 15 users of all ages and abilities of a particular 16 roadway; 17 (B) procedures for identifying the types 18 and designs of facilities needed to serve each 19 class of users; 20 (C) safety and other benefits provided by 21 carrying out complete streets principles; 22 (D) common barriers to carrying out com- 23 plete streets principles; 24 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 2077 IS (E) procedures for overcoming the most 1 common barriers to carrying out complete 2 streets principles; 3 (F) procedures for identifying the costs as- 4 sociated with carrying out complete streets 5 principles; 6 (G) procedures for maximizing local co- 7 operation in the introduction of complete streets 8 principles and carrying out those principles; and 9 (H) procedures for assessing and modi- 10 fying the facilities and operational characteris- 11 tics of existing roadways to improve consistency 12 with complete streets principles. 13 (4) PUBLIC REVIEW AND COMMENT.—The com- 14 plete streets benchmarks and guidance prepared and 15 made available under paragraph (1) shall be subject 16 to a period of public review and comment. 17 (d) COMPLETE STREETS POLICIES.— 18 (1) IN GENERAL.—An eligible entity seeking 19 technical assistance or funds from a complete streets 20 program shall adopt a complete streets policy using 21 complete streets principles and approved by— 22 (A) the State of the eligible entity; or 23 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 2077 IS (B) a metropolitan planning organization 1 that serves an area under the jurisdiction of the 2 eligible entity. 3 (2) REQUIREMENTS.—A complete streets policy 4 of an eligible entity shall— 5 (A) include a description of— 6 (i) how the eligible entity intends to 7 develop complete streets infrastructure; 8 (ii) how, after the development of 9 complete streets infrastructure, the trans- 10 portation system will serve users of all 11 ages and abilities, including pedestrians, 12 bicyclists, and public transit passengers, as 13 well as trucks, buses, and automobiles; 14 (iii) how the complete streets policy 15 will apply to all projects and phases of 16 projects that affect the streets under the 17 complete streets policy, including recon- 18 struction, new construction, planning, de- 19 sign, maintenance, and operations, for the 20 entire street; 21 (iv) any exceptions to the complete 22 streets policy, including a clear procedure 23 for the approval of those exceptions, as de- 24 scribed in paragraph (3); 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 2077 IS (v) the jurisdiction in which the com- 1 plete streets policy applies; and 2 (vi) the steps necessary for implemen- 3 tation of the complete streets policy; 4 (B) encourage a comprehensive, integrated, 5 and connected network for all modes of trans- 6 portation; 7 (C) benefit users of all abilities; 8 (D) emphasize the need to coordinate with 9 other jurisdictions with respect to the streets 10 under the jurisdiction of the complete streets 11 policy; 12 (E) require the use of the latest and best 13 design criteria and guidelines, particularly 14 standards relating to providing access to indi- 15 viduals with disabilities, in projects under the 16 complete streets policy; 17 (F) recognize the need for flexibility in bal- 18 ancing user needs; 19 (G) be context sensitive and complement 20 the community, including consideration of the 21 urban, suburban, or rural location in which a 22 project is located; 23 (H) establish performance standards with 24 measurable outcomes to ensure that the com- 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 2077 IS plete streets infrastructure complies with com- 1 plete streets principles; 2 (I) meet the minimum standards estab- 3 lished by the Secretary under subsection 4 (e)(2)(A); and 5 (J) except as provided in paragraph (3), 6 require the complete streets policy to apply to 7 new road construction and road modification 8 projects, including design, planning, construc- 9 tion, reconstruction, rehabilitation, mainte- 10 nance, and operations, for the entire right-of- 11 way under the jurisdiction of the complete 12 streets policy. 13 (3) EXEMPTION REQUIREMENTS AND PROCE- 14 DURES.—A complete streets policy shall allow for a 15 project-specific exemption from the complete streets 16 policy if— 17 (A) the roadway affected by the project 18 may not, under applicable law, be used by cer- 19 tain types of users, in which case the eligible 20 entity shall make a greater effort to accommo- 21 date the types of users elsewhere, including on 22 roadways that cross or otherwise intersect with 23 the affected roadway; 24 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 2077 IS (B) the cost of the project to comply with 1 the complete streets policy would be excessively 2 disproportionate (as defined in the document of 3 the Department of Transportation entitled ‘‘De- 4 sign Guidance Accommodating Bicycle and Pe- 5 destrian Travel: A Recommended Approach’’ 6 and required under section 1202(b) of the 7 Transportation Equity Act for the 21st Century 8 (23 U.S.C. 217 note; Public Law 105–178)) 9 compared to the need or particular use of the 10 affected roadway; or 11 (C) the existing and expected population, 12 employment density, traffic volume, or level of 13 transit service on and around the affected road- 14 way is so low that the expected users of the af- 15 fected roadway will not include pedestrians, 16 public transportation, freight vehicles, or 17 bicyclists. 18 (4) GUIDANCE.—The Secretary shall establish 19 guidance for a State or metropolitan planning orga- 20 nization to evaluate and approve a complete streets 21 policy of an eligible entity. 22 (5) REPORTS.— 23 (A) IN GENERAL.—Each State department 24 of transportation shall submit to the Secretary 25 VerDate Sep 11 2014 00:31 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2077.IS S2077 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 2077 IS a report describing the implementation by the 1 State of measures to achieve complete streets 2 principles within complete streets policies of eli- 3 gible entities within the State at such time, in 4 such manner, and containing such information 5 as the Secretary may require. 6 (B) DETERMINATION BY SECRETARY.—On 7 receipt of a report under subparagraph (A), the 8 Secretary shall determine whether the complete 9 streets program of the State has incorporated 10 complete streets principles into all aspects of 11 the transportation project development, pro- 12 gramming, and delivery process, including 13 project planning, project identification, project 14 scoping proc [Text truncated for display. 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