Short title

This Act may be cited as the

Safe and Complete Streets Act of 2008

Findings

Congress finds the following: (1)While the Federal highway program has helped achieve its original goal of providing for fast and convenient automobile travel, the national transportation system needs to provide better service to those who take public transit, ride bicycles, or travel on foot or with mobility aids. (2)Initiatives to promote sustainable and modern transportation choices like public transit, bicycling, and walking have had limited success because many State and local transportation agencies have treated these modes as optional amenities, instead of as integral parts of the national highway programs. (3)Many new and improved streets across the United States, particularly in developing areas, do not provide to all users the safe and equitable access to public rights-of-way. (4)The official design guidance from the Federal Highway Administration titled Accommodating Bicycle and Pedestrian Travel: A Recommended Approach states that, the resulting highway environment discourages bicycling and walking and has made the two modes more dangerous. Further, the ability of pedestrians with disabilities to travel independently and safely has been compromised.. (5)One-third of the population is either unable to or chooses not to drive due to age, medical condition, ability, lifestyle, legal status, or other factors. (6)More than 1 in 5 Americans over age 65 do not drive, more than 50 million Americans have a disability of some kind, and in different times of his or her life virtually every American will suffer from a mobility impairment of some kind. (7)The full integration of all modes in the design of streets and highways will increase the capacity and efficiency of the road network, reduce traffic congestion by improving mobility options, clean the air, limit greenhouse gas emissions, and improve the general quality of life. (8)Requiring accommodation of the needs of nonmotorized users will eliminate hazards and improve safety for pedestrians and cyclists, who now make up more than 12 percent of all traffic fatalities. (9)Improving the road network will allow more disabled people to gain a higher level of independence through the use of standard transit services, easing the economic burden on transit systems which must provide paratransit options at great cost. (10)Public health officials across the country have called for the construction of more bicycle and pedestrian facilities as an important tool in fighting the obesity epidemic. (11)The Energy Independence and Security Act of 2007 explicitly supports the implementation of a complete streets policy.

Definitions

In this Act: (1)The term Secretary means the Secretary of Transportation. (2)The term complete streets means roadways that accommodate all travelers, particularly users of public transit, bicyclists, pedestrians (including individuals of all ages as well as individuals with mobility, sensory, neurological, or hidden disabilities), and motorists to enable all users to use the roadway safely and efficiently. (3)The terms complete streets policy and complete streets principles refer to transportation laws, policies, or principles at the local, State, regional, or Federal level which ensure— (A)all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older people, motorists, and those with disabilities, are adequately accommodated in all phases of project planning and development; and (B)that the safety and convenience of all users are considered in all phases of project planning and development. (4)The term transportation improvement program has the same meaning such term has in section 134 of title 23, United States Code. (5)The term metropolitan planning organization has the same meaning such term has in section 134(b) of such title. (6)The term senior manager means— (A)the director of a State department of transportation or a designee; (B)the director of a metropolitan planning organization or a designee; or (C)the director of a regional or county transportation agency if such agency is primarily responsible for planning and approval of transportation projects, or a designee.

Complete streets policy requirement

(a)

Law or policy

Beginning with the fiscal year that begins 2 years after the date of enactment of this Act, each State and metropolitan planning organization shall have in effect— (1)in the case of a State, a law requiring that all transportation projects shall, from the date of enactment of the State law, accommodate the safety and convenience of all users in accordance with complete streets principles; or (2)an explicit statement of policy of the State department of transportation or metropolitan planning organization that all transportation projects shall, from the date of enactment of the State department of transportation or metropolitan planning organization policy, accommodate the safety and convenience of all users in accordance with complete streets principles. (b)

Provisions included

The law or policy described in subsection (a) shall— (1)apply to each federally funded project of each transportation improvement program; (2)include a statement that every project of the transportation improvement program makes roads accessible to users of all ages and abilities of right-of-way pedestrians, which may include bicyclists, transit vehicles and users, and motorists; (3)apply to new road construction and road improvement projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, or operations, for the entire right-of-way; (4)indicate that new accommodation should be made in pavement resurfacing projects where bicycling and walking areas can be added within the scope of the original roadwork; (5)delineate a clear procedure by which transportation projects may be exempted from complying with complete streets principles, which shall require approval by a senior manager and documentation, with supporting data, that indicates the basis for exemption; (6)comply with up-to-date design standards, particularly as they relate to providing access for persons with disabilities; (7)require that complete streets principles be applied so that projects undertaken in accordance with these principles fit within the context of the community for which the transportation improvement program is intended; and (8)include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles. (c)

Exemption requirements and procedures

The law or policy described in this section shall allow for exemptions from complete streets policy only if— (1)(A)affected roadways prohibit by law specified users from using them, in which case a greater effort shall be made to accommodate these specified users elsewhere; (B)the cost for a particular project in complying with complete streets principles would be excessively disproportionate to the need or probable use of that particular complete street; or (C)the existing and planned population and employment densities or level of transit service around a particular roadway is low enough that there is a documented absence of a need to implement certain complete streets principles; and (2)all project-specific exemptions are approved by either— (A)a senior manager of the metropolitan planning organization which approved the transportation improvement program containing the exempted project; (B)a senior manager of the State department of transportation; or (C)in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional or county agency responsible for planning and approval of the proposed project to be exempted. (d)

Integration

Each State department of transportation or metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development process, including project identification, scoping procedures, design approvals, design manuals, and performance measures.

Certification

(a)

Project Certification

Each State shall require every agency that has primary design, construction, or financial responsibility for a project located within the approved transportation improvement program to review and certify that each such project incorporates complete streets principles set forth in section 4. (b)

Subsequent Certifications

After the initial certification under subsection (a), the responsible agency described in such subsection shall recertify annually until final construction is completed that federally funded projects remain in compliance with the requirements of section 4.

Accessibility standards

(a)

Issuance of standards

Not later than 12 months after the date of enactment of this Act, the United States Access Board (originally established by section 502 of the Rehabilitation Act (29 U.S.C. 792)) shall issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. (b)

Temporary standards

Until the United States Access Board issues final public right-of-way accessibility standards as required by this section, a State or metropolitan planning organization shall apply the existing Department of Transportation Standards for Accessible Transportation Facilities in section 37.9 of title 49, Code of Federal Regulations, but to the extent that such standards do not address or are inapplicable to public rights-of-way, the 2005 Revised Draft Guidelines for Accessible Public Rights-of-Way issued by the United States Access Board shall apply.

Technical guidance

(a)

Report required

Not later than 2 years after the date of enactment of this Act, the Secretary shall make available to all State and local transportation agencies a report of best practices describing how transportation agencies across the country have implemented complete streets principles in accordance with the requirements of this Act. (b)

Report contents

In preparing the report under subsection (a), the Secretary shall place particular emphasis on the following topics: (1)Procedures for identifying the needs of users of all ages and abilities for a given roadway. (2)Procedures for identifying the types and designs of facilities needed to serve each of these classes of users. (3)Benefits provided by complete streets principles implementation. (4)Common barriers to implementation of complete streets principles. (5)Procedures for overcoming these most common barriers to implementing complete streets principles. (6)Procedures for identifying costs associated with implementing complete streets principles. (7)Procedures for maximizing local cooperation in the implementation and introduction of complete streets principles. (8)Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve their consistency with complete streets principles.