II 109th CONGRESS 1st Session S. 794 IN THE SENATE OF THE UNITED STATES April 14, 2005 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to improve the safety of nonmotorized transportation, including bicycle and pedestrian safety.
1.
Short title
This Act may be cited as the Safe and Complete Streets Act of 2005.
2.
Nonmotorized transportation safety
Section 120(c) of title 23, United States Code, is amended— (1)in the first sentence, by striking The Federal and inserting the following: (2)
Federal share
The Federal ; (2)in the second sentence, by striking In this subsection, the term and inserting the following: (1)
Definitions
In this subsection: (A)
Bicycle and pedestrian safety
The term bicycle and pedestrian safety means any improvement that— (i)promotes the safety of bicyclists and pedestrians (including people with disabilities); and (ii)is consistent with sections 134 and 135. (B)
Safety rest area
The term ; (3)by moving paragraph (1) (as added by paragraph (2)) so as to appear before paragraph (2) (as added by paragraph (1)); and (4)by adding at the end the following: (3)
Statement of policy by state transportation departments
(A)
In general
Each State transportation department shall adopt a statement of policy ensuring that the needs and safety of all road users (including the need for pedestrian and bicycle safety) are fully integrated into the planning, design, operation and maintenance of the transportation system of the State transportation department. (B)
Basis
In the case of bicycle and pedestrian safety, the statement of policy shall be based on the design guidance on accommodating bicyclists and pedestrians of the Federal Highway Administration adopted in February 2000. (C)
Reports
Not later 1 year after the date of enactment of this paragraph, and each year thereafter, the Secretary shall submit to Congress a report on the statements of policy adopted under this paragraph. (4)
Nonmotorized transportation goal
(A)
In general
The Secretary shall take such actions as are necessary to, to the maximum extent practicable, double the percentage of trips made by foot or bicycle while simultaneously reducing crashes involving bicyclists and pedestrians by 10 percent, in a manner consistent with the goals of the national bicycling and walking study conducted during 1994. (B)
Administration
Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish such baseline and completion dates as are necessary to carry out subparagraph (A). (5)
Research for nonmotorized users
(A)
Findings
Congress finds that— (i)it is in the national interest to meet the goals of the national bicycling and walking study by the completion date established under paragraph (4)(B); (ii)research into the safety and operation of the transportation system for nonmotorized users is inadequate, given that almost 1 in 10 trips are made by foot or bicycle and 1 in 8 traffic fatalities involves a bicyclist or pedestrian; and (iii)inadequate data collection, especially on exposure rates and infrastructure needs, are hampering efforts to improve bicycle and pedestrian safety and use to meet local transportation needs. (B)
Allocation of research funds for nonmotorized users
(i)
In general
The Secretary shall submit to Congress an annual report on the percentage of research funds that are allocated (for the most recent fiscal year for which data are available) to research that directly benefits the planning, design, operation, and maintenance of the transportation system for nonmotorized users— (I)by the Department of Transportation; and (II)by State transportation departments. (ii)
National cooperative highway research program
The Transportation Research Board of the National Academy of Sciences shall submit to Congress an annual report on the percentage of research funds under the National Cooperative Highway Research Program that are allocated (for the most recent fiscal year for which data are available) to research that directly benefits the planning, design, operation, and maintenance of the transportation system for nonmotorized users. (iii)
Department of transportation allocation
Effective beginning with the third full fiscal year that begins after the date of enactment of this paragraph, the Secretary shall allocate at least 10 percent of the research funds that are allocated by the Department of Transportation for each fiscal year to research that directly benefits the planning, design, operation, and maintenance of the transportation system for nonmotorized users. (6)
Metropolitan planning organizations
(A)
Bicycle/pedestrian coordinators
A metropolitan planning organization shall a designate a bicycle/pedestrian coordinator to coordinate bicycle and pedestrian programs and activities carried out in the area served by the organization. (B)
Certification
A metropolitan planning organization shall certify to the Secretary, as part of the certification review, that— (i)the needs of bicyclists and pedestrians (including people who use wheelchairs and people with vision impairment) have been adequately addressed by the long-range transportation plan of the organization; and (ii)the bicycle and pedestrian projects to implement the plan in a timely manner are included in the transportation improvement program of the organization. (C)
Long-range transportation plans
(i)
In general
Except as provided in clause (ii), a metropolitan planning organization shall develop and adopt a long-range transportation plan that— (I)includes the most recent data available on the percentage of trips made by foot and by bicycle in each jurisdiction; (II)includes a target level for bicycle and pedestrian trips that is commensurate with the national goal of doubling the percentage of trips made by foot and bicycle established under paragraph (4); and (III)identify the contribution made by each project under the transportation improvement program of the organization toward meeting the goal of doubling the percentage of trips made by foot and bicycle. (ii)
Application
Clause (i) does not apply to a metropolitan planning organization that adopts the design guidance described in paragraph (3)(B) for all transportation projects carried out by the organization. (D)
Local jurisdictions
A metropolitan planning organization shall strongly encourage local jurisdictions that are served by the organization to maximize the efforts of the local jurisdictions to include sidewalks, bikepaths, and road intersections that maximize bicycle and pedestrian safety in the local transportation systems of the local jurisdictions. .
3.
Safe routes to schools program
(a)
In general
Subchapter I of chapter I of title 23, United States Code, is amended by inserting after section 149 the following:
150.
Safe routes to schools program
(a)
Definitions
In this section: (1)
In the vicinity of schools
The term in the vicinity of schools means, with respect to primary and middle schools, the area within bicycling and walking distance of the primary and middle schools (approximately 2 miles). (2)
Primary and middle schools
The term primary and middle schools means schools providing education from kindergarten through eighth grade. (b)
Establishment
The Secretary shall establish and carry out a safe routes to schools program for the benefit of children in primary and middle schools. (c)
Purposes
The purposes of the program are— (1)to enable and encourage children, including children with disabilities, to walk and bicycle to primary and middle schools; (2)to make bicycling and walking to primary and middle schools a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (3)to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of primary and middle schools. (d)
Apportionment of funds
(1)
In general
Subject to paragraphs (2) and (3), amounts made available to carry out this subsection for a fiscal year shall be apportioned among the States in the ratio that— (A)the total student enrollment in primary and middle schools in each State; bears to (B)the total student enrollment in primary and middle schools in all the States. (2)
Minimum apportionment
No State shall receive an apportionment under this section for a fiscal year of less than $2,000,000. (3)
Set-aside
Before apportioning amounts made available to carry out this section under this subsection for a fiscal year, the Secretary shall set aside not more than 2 percent of those amounts to pay the administrative expenses incurred by the Secretary in carrying out this section. (4)
Determination of student enrollments
Determinations under this subsection concerning student enrollments shall be made by the Secretary. (e)
Administration of amounts
Amounts apportioned to a State under this section shall be administered by the applicable State transportation department. (f)
Eligible recipients
Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. (g)
Eligible projects and activities
(1)
Infrastructure-related projects
(A)
In general
Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to primary and middle schools in the vicinity of primary and middle schools, including— (i)sidewalk improvements; (ii)traffic calming and speed reduction improvements; (iii)pedestrian and bicycle crossing improvements; (iv)on-street bicycle facilities; (v)off-street bicycle and pedestrian facilities; (vi)secure bicycle parking facilities; and (vii)traffic diversion improvements. (B)
Location of projects
An infrastructure-related project under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of a primary or middle school. (2)
Noninfrastructure-related activities
(A)
In general
In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to primary and middle schools, including— (i)public awareness campaigns and outreach to press and community leaders; (ii)traffic education and enforcement in the vicinity of primary and middle schools; (iii)student sessions on bicycle and pedestrian safety, health, and environment; and (iv)funding for training, volunteers, and managers of safe routes to schools programs. (B)
Allocation
Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this subsection for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. (3)
Safe routes to school coordinator
Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the safe routes to schools program of the State. (h)
Clearinghouse
(1)
In general
The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to— (A)operate a national safe routes to school clearinghouse; (B)develop information and educational programs on safe routes to schools; and (C)provide technical assistance and disseminate techniques and strategies used for successful safe routes to schools programs. (2)
Funding
The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). (i)
Task force
(1)
In general
The Secretary shall establish a national safe routes to schools task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to schools programs nationwide. (2)
Report
Not later than March 31, 2006, the Secretary shall submit to Congress a report containing— (A)the results of the study conducted, and a description of the strategy developed, under paragraph (1); and (B)information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under paragraphs (1) and (2) of subsection (g). (3)
Funding
The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). (j)
Applicability
(1)
In general
Except as otherwise provided in this subsection, funds made available to carry out this section shall be available for obligation in the same manner as funds apportioned under this chapter. (2)
Availability
Funds made available to carry out this section shall not be transferable and shall remain available until expended. (3)
Federal share
The Federal share of the cost of a project or activity under this section shall be 100 percent. (4)
Federal-aid system
Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid system under this chapter.
. (b)
Authorizations of appropriations
There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the safe routes to schools programs under section 150 of title 23, United States Code (as added by subsection (a))— (1)$175,000,000 for fiscal year 2005; (2)$200,000,000 for fiscal year 2006; (3)$200,000,000 for fiscal year 2007; (4)$200,000,000 for fiscal year 2008; and (5)$225,000,000 for fiscal year 2009. (c)
Conforming amendments
The analysis for subchapter I of chapter 1 of title 23, United States Code is amended by inserting after the item relating to section 149 the following: 150. Safe routes to schools program. .
4.
Nonmotorized transportation pilot program
(a)
Establishment
The Secretary of Transportation shall establish and carry out a nonmotorized transportation pilot program to construct, in 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities (including sidewalks, bicycle lanes, and pedestrian and bicycle trails) that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. (b)
Purpose
The purpose of the program shall be to demonstrate the extent to which bicycling and walking can ease the burden on transportation systems, and represent a major portion of the transportation needs that are met, within selected communities. (c)
Grants
(1)
In general
In carrying out the program, the Secretary may make grants to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this subsection. (2)
Suballocation
An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section. (d)
Applicability of title 23
(1)
In general
Except as otherwise provided in this subsection, funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. (2)
Availability
Funds made available to carry out this section shall not be transferable and shall remain available until expended. (3)
Federal share
The Federal share of the cost of a project carried out under this section shall be 80 percent. (e)
Statistical information
In carrying out the program, the Secretary shall— (1)develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program; and (2)assess how the changes— (A)decrease congestion and energy usage; (B)increase the frequency of biking and walking; and (C)promote better health and a cleaner environment. (f)
Reports
The Secretary shall submit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program. (g)
Authorizations of appropriations
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out the nonmotorized pilot program under this section $25,000,000 for each of fiscal years 2005 through 2009.