[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2686 Introduced in Senate (IS)]

  2d Session
                                S. 2686

   To ensure that all users of the transportation system, including 
 pedestrians, bicyclists, and transit users as well as children, older 
  individuals, and individuals with disabilities, are able to travel 
            safely and conveniently on streets and highways.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2008

Mr. Harkin (for himself and Mr. Carper) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To ensure that all users of the transportation system, including 
 pedestrians, bicyclists, and transit users as well as children, older 
  individuals, and individuals with disabilities, are able to travel 
            safely and conveniently on streets and highways.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Complete Streets Act of 2008''.

SEC. 2. SAFE AND COMPLETE STREETS.

    Section 133 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(g) Complete Streets Policy.--
            ``(1) In general.--Beginning with the fiscal year that 
        begins 2 years after the date of enactment of this subsection, 
        States and Metropolitan Planning Organizations shall--
                    ``(A) adopt an explicit statement of policy (that 
                meets the requirements of subsection (b)) that the 
                safety and convenience of all users of the 
                transportation system shall be accommodated;
                    ``(B) apply such policy to the projects contained 
                in the Transportation Improvement Program; and
                    ``(C) incorporate the principles in this policy 
                into all aspects of the transportation project 
                development process, including project identification, 
                scoping procedures and design approvals, as well as 
                design manuals and performance measures.
            ``(2) Purpose.--The purpose of the policy statement 
        required under paragraph (1)(A) is to ensure that all users of 
        the transportation system, including pedestrians, bicyclists, 
        and transit users as well as children, older individuals, and 
        individuals with disabilities, are able to travel safely and 
        conveniently on streets and highways within the public right of 
        way.
    ``(h) Policy Statement Requirements.--A policy statement under 
subsection (g)(1)(A) shall include the following:
            ``(1) An assurance that all users of the transportation 
        system will include pedestrians (including individuals of all 
        ages, and individuals with disabilities (including mobility, 
        sensory, neurological or hidden disabilities)), bicyclists, 
        transit vehicles and users, and motorists.
            ``(2) An assurance that the statement will apply to both 
        new construction and reconstruction (including resurfacing, 
        restoring, and rehabilitation (3R) projects) improvement 
        projects. Simple improvements, such as re-striping for bicycle 
        and pedestrian accommodation, may be encouraged in pavement 
        resurfacing projects when they fall within the overall scope of 
        the original roadwork.
            ``(3) A clear procedure that requires approval by a senior 
        manager of any specified exceptions from implementing the 
        policy statement, including documentation with supporting data 
        that indicates the basis for the exemption.
            ``(4) A statement directing the use of the current design 
        standards, including those standards applying to access for 
        individuals with disabilities.
            ``(5) A statement requiring that complete streets solutions 
        be developed to fit in with the context of the community and 
        that those solutions be flexible.
            ``(6) A description of the performance standards with 
        measurable outcomes that will be developed.
            ``(7) A statement that accommodation shall be made for all 
        users in all construction and improvement projects unless one 
        or more of the following apply:
                    ``(A) The project involved a roadway on which non-
                motorized users are prohibited by law from using. In 
                such case, a greater effort shall be made to 
                accommodate bicyclists and pedestrians elsewhere.
                    ``(B) The cost of establishing complete facilities 
                would be excessively disproportionate to the need or 
                probable use.
                    ``(C) With respect to a project area with a low 
                population, other documented factors indicate an 
                absence of need now and in the future.
                    ``(D) A Metropolitan Planning Organization or State 
                department of transportation that is adopting complete 
                streets policies may consult existing Federal guidance, 
                including the 2000 USDOT Guidance document, 
                `Accommodating Bicycle and Pedestrian Travel'.
                    ``(E) The policy statement may be achieved through 
                a State or local law or ordinance, or through an agency 
                policy directive.
    ``(i) Certifications.--The Metropolitan Planning Organization and 
State department of transportation shall certify that each road project 
included in such plan has been reviewed for its compliance with any 
applicable policy statement under this section and that each project 
under such plan enhances the safety, convenience, and accessibility of 
the transportation system for all users to the extent that it is 
reasonably possible and that the project applicant addressed these 
concerns in the material prepared for public input with respect to such 
plan. A Metropolitan Planning Organization's implementation of its 
complete streets policy shall be a factor included in the review for 
the Metropolitan Planning Organization certification as provided for in 
section 134(5).
    ``(j) Accessibility Standards.--Not later than 12 months after the 
date of enactment of this subsection, the United States Access Board 
shall issue final standards for accessibility of new construction and 
alterations of pedestrian facilities in the public right-of-way. Until 
such time as the Access Board completes a final Public Right of Way 
Accessibility rule, Department of Transportation Standards for 
Accessible Transportation Facilities (49 C.F.R. 37.9, as amended on 10/
30/2006 (71 FR 63263)) shall serve as the minimum standard. If the 
Department Of Transportation standards are silent or inapplicable with 
respect to any issue, the 2005 draft Public Right Of Way Accessibility 
Guidelines provisions shall be consulted.
    ``(k) Inclusion of All Users.--Metropolitan planning organizations 
and State departments of transportation shall strongly encourage local 
jurisdictions that are served by such organizations to maximize their 
efforts to include all users in their transportation planning.
    ``(l) Additional Provisions.--
            ``(1) Research.--
                    ``(A) In general.--The Secretary of Transportation 
                shall require the Federal Highway Administration to 
                conduct complete streets research to assist States and 
                Metropolitan Planning Organizations in developing, 
                adopting, and implementing plans, projects, procedures, 
                policies, and training that comply with the applicable 
                statement of policy under subsection (g)(1)(A).
                    ``(B) Participation.--Research under subparagraph 
                (A) shall be conducted with the participation of the 
                American Association of State Highway Transportation 
                Officials, the Institute of Transportation Engineers, 
                the American Public Transit Association, the American 
                Planning Association, the National Association of 
                Regional Councils, the Association of Metropolitan 
                Planning Organizations, and representatives of the 
                disability, motoring, bicycling, walking, transit user, 
                aging, and other affected communities.
                    ``(C) Existing needs.--Research under subparagraph 
                (A) shall be based on the existing statement of 
                complete streets research needs as outlined by the 
                Transportation Research Board in TR Circular E110, and 
                shall also develop new areas of inquiry.
            ``(2) Benchmarks and guidance.--The research project 
        conducted under paragraph (1) shall be designed to result in 
        the establishment of benchmarks and the provision of practical 
        guidance on how to effectively implement street procedures and 
        designs that will accommodate all types of users along the same 
        facility or corridor including, vehicles, pedestrians, 
        bicycles, and transit use. Such benchmarks and guidance shall 
        focus on changing scoping, design, and construction procedures 
        to more effectively fit the individual modes together into 
        integrated facilities that meet the needs of each in an 
        appropriate balance. Such benchmarks and guidance shall 
        indicate the expected operational and safety performance of 
        alternative approaches to facility design.
            ``(3) Best practices report.--Not later than 2 years after 
        the date of enactment of this subsection, the Federal Highway 
        Administration shall publish a best practices report showing 
        how transportation agencies have changed their procedures to 
        routinely design safe, effective multi-modal facilities. In 
        establishing such best practices, consideration shall be given 
        to the following areas:
                    ``(A) Procedures for identifying the needs of the 
                mix of users, including primary and secondary users 
                that need to be served on various highway functional 
                classes.
                    ``(B) The identification of the types and designs 
                of facilities needed to serve each of those types of 
                users.
                    ``(C) The identification of barriers to 
                implementation as well as identification of costs 
                associated with implementing complete streets policies.
            ``(4) Data collection.--In addition to preparing the report 
        under paragraph (3), the Federal Highway Administration shall 
        work with the Bureau of Transportation Statistics and the 
        Federal Transit Association and appropriate Transportation 
        Research Board committees on data collection, including a 
        baseline non-motorized and transit use survey that will be 
        integrated into the National Highway Traffic Safety 
        Administration and the development of a survey tool for use by 
        State transportation departments in identifying the multi-modal 
        capacity of State and local road networks.''.
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