[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1443 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1443

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2009

   Ms. Matsui (for herself, Mrs. Tauscher, Mrs. Maloney, and Mr. Wu) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To ensure that all users of the transportation system, including 
 pedestrians, bicyclists, transit users, children, older individuals, 
   and individuals with disabilities, are able to travel safely and 
   conveniently on and across federally funded 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 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Complete street.--The term ``complete street'' means a 
        roadway that accommodates all travelers, particularly public 
        transit users, bicyclists, pedestrians (including individuals 
        of all ages and individuals with mobility, sensory, 
        neurological, or hidden disabilities), and motorists, to enable 
        all travelers to use the roadway safely and efficiently.
            (2) Complete streets policy; complete streets principle.--
        The terms ``complete streets policy'' and ``complete streets 
        principle'' mean a transportation law, policy, or principle at 
        the local, State, regional, or Federal level that ensures--
                    (A) the adequate accommodation, in all phases of 
                project planning and development, of all users of the 
                transportation system, including pedestrians, 
                bicyclists, public transit users, children, older 
                individuals, motorists, and individuals with 
                disabilities; and
                    (B) the consideration of the safety and convenience 
                of all users in all phases of project planning and 
                development.
            (3) Local jurisdiction.--The term ``local jurisdiction'' 
        means any unit of local government.
            (4) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        the term in section 134(b) of title 23, United States Code.
            (5) Roadway.--The term ``roadway'' means--
                    (A) the defined Federal functional classification 
                roadway system;
                    (B) a roadway system for which funds are provided 
                under the equity bonus program under section 105 of 
                title 23, United States Code; and
                    (C) each bridge structure providing a connection 
                for such a roadway system.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (7) Senior manager.--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); and
                    (C) the director of a regional, county, or city 
                transportation agency that is primarily responsible for 
                planning and approval of transportation projects (or a 
                designee).
            (8) Transportation improvement program.--The term 
        ``transportation improvement program'' has the meaning given 
        the term ``TIP'' in section 134(b) of title 23, United States 
        Code.

SEC. 3. COMPLETE STREETS POLICY REQUIREMENT.

    (a) Law or Policy.--Not later than October 1 of 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) a law requiring that, beginning on the 
                effective date of the State law, all transportation 
                projects in the State shall accommodate the safety and 
                convenience of all users in accordance with complete 
                streets principles; or
                    (B) an explicit State department of transportation 
                policy that, beginning on the effective date of the 
                policy, all transportation projects in the State shall 
                accommodate the safety and convenience of all users in 
                accordance with complete streets principles; and
            (2) in the case of a metropolitan planning organization, an 
        explicit statement of policy that, beginning on the effective 
        date of the policy, all transportation projects under the 
        jurisdiction of the metropolitan planning organization shall 
        accommodate the safety and convenience of all users in 
        accordance with complete streets principles.
    (b) Inclusions.--
            (1) In general.--A law or policy described in subsection 
        (a) shall--
                    (A) apply to each federally funded project of each 
                State department of transportation or metropolitan 
                planning organization transportation improvement 
                program;
                    (B) include a statement that each project under the 
                transportation improvement program makes streets or 
                affected rights-of-way accessible to users of all ages 
                and abilities, including pedestrians, bicyclists, 
                transit vehicles and users, and motorists;
                    (C) except as provided in paragraph (2), apply to 
                new road construction and road modification projects, 
                including design, planning, construction, 
                reconstruction, rehabilitation, maintenance, and 
                operations, for the entire right-of-way;
                    (D) indicate that improvements for the safe and 
                convenient travel by pedestrians or bicyclists on or 
                across streets shall be fully assessed, considered, and 
                documented as a routine element of pavement resurfacing 
                projects;
                    (E) delineate a clear procedure by which 
                transportation improvement projects may be exempted 
                from complying with complete streets principles, which 
                shall require--
                            (i) approval by the appropriate senior 
                        manager, in accordance with subsection (d)(2); 
                        and
                            (ii) documentation, with supporting data, 
                        that indicates the basis for such an exemption;
                    (F) comply with up-to-date design standards, 
                particularly standards relating to providing access for 
                individuals with disabilities;
                    (G) require that complete streets principles be 
                applied in due consideration of the urban, suburban, or 
                rural context in which a project is located; and
                    (H) include a list of performance standards with 
                measurable outcomes to ensure that the transportation 
                improvement program adheres to complete streets 
                principles.
            (2) Exception.--A law or policy described in subsection (a) 
        shall not apply to a new road construction or modification 
        project for which, as of the effective date of the law or 
        policy, at least 30 percent of the design phase is completed.
    (c) Promotion.--Each State department of transportation and 
metropolitan planning organization shall promote the development of 
complete streets policies in applicable local jurisdictions.
    (d) Exemption Requirements and Procedures.--A law or policy 
described in subsection (a) shall allow for a project-specific 
exemption from an applicable complete streets policy only if--
            (1)(A) an affected roadway prohibits, by law, use of the 
        roadway by specified users, in which case a greater effort 
        shall be made to accommodate those specified users elsewhere, 
        including on roadways that cross or otherwise intersect with 
        the affected roadway;
            (B) the cost to the exempted project in achieving 
        compliance with the applicable complete streets policy would be 
        excessively disproportionate (as defined in the 2001 Department 
        of Transportation Guidance on Accommodating Bicycle and 
        Pedestrian Travel), as compared to the need or probable use of 
        a particular complete street; or
            (C) the existing and planned population and employment 
        densities or level of transit service around a particular 
        roadway is so low, as determined by the Secretary, that there 
        is a documented absence of a need to implement the applicable 
        complete streets policy; and
            (2) the project-specific exemption is approved by--
                    (A) a senior manager of the metropolitan planning 
                organization that approved the transportation 
                improvement program containing the exempted project;
                    (B) a senior manager of the relevant 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, county, or city agency responsible for 
                planning and approval of the project.
    (e) Integration.--Each State department of transportation and 
metropolitan planning organization implementing a complete streets 
policy shall incorporate complete streets principles into all aspects 
of the transportation project development, programming, and delivery 
process, including project planning and identification, scoping 
procedures, design approvals, design manuals, and performance measures.
    (f) Reports.--
            (1) In general.--Each State department of transportation 
        shall submit to the Secretary a report describing the 
        implementation by the State of measures to achieve compliance 
        with the requirements of this section, at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            (2) Determination by secretary.--On receipt of a report 
        under paragraph (1), the Secretary shall determine whether the 
        applicable State has achieved compliance with the requirements 
        of this section.

SEC. 4. USER ACCESS AND CONSIDERATION.

    Section 217 of title 23, United States Code, is amended by striking 
subsection (g) and inserting the following:
    ``(g) Planning and Design.--
            ``(1) In general.--Subject to paragraph (4), all users 
        shall be given due consideration in each comprehensive 
        transportation plan developed by a metropolitan planning 
        organization or a State in accordance with section 134 or 135, 
        respectively.
            ``(2) Access for all users.--Subject to paragraph (4), each 
        project for new construction or reconstruction of a 
        transportation facility shall include consideration of 
        appropriate bicycle transportation facilities, pedestrian 
        walkways, and safe access to existing and planned public 
        transportation, except in any case in which bicycle or 
        pedestrian use is not permitted.
            ``(3) Safety considerations.--Subject to paragraph (4), 
        each transportation plan and project shall provide due 
        consideration for safety and contiguous routes for all users, 
        including--
                    ``(A) safe access to transit stops and facilities; 
                and
                    ``(B) the installation, where appropriate, and 
                maintenance of audible traffic signals and signs at 
                street crossings.
            ``(4) Exemptions.--A transportation plan or project may 
        receive an exemption from an applicable requirement under 
        paragraph (1), (2), or (3) only if--
                    ``(A)(i) a roadway affected by the transportation 
                plan or project prohibits, by law, use of the roadway 
                by specified users, in which case a greater effort 
                shall be made to accommodate those specified users 
                elsewhere, including on roadways that cross or 
                otherwise intersect with the affected roadway;
                    ``(ii) the cost to the exempted transportation plan 
                or project in achieving compliance with the requirement 
                would be excessively disproportionate (as defined in 
                the 2001 Department of Transportation Guidance on 
                Accommodating Bicycle and Pedestrian Travel), as 
                compared to the need or probable use of a roadway 
                affected by the transportation plan or project; or
                    ``(iii) the existing and planned population and 
                employment densities or level of transit service around 
                a particular roadway affected by the transportation 
                plan or project is so low, as determined by the 
                Secretary, that there is a documented absence of a need 
                to implement the applicable requirement; and
                    ``(B) the exemption is approved by--
                            ``(i) a senior manager of the metropolitan 
                        planning organization that approved the 
                        transportation plan or project;
                            ``(ii) a senior manager of the relevant 
                        State department of transportation; or
                            ``(iii) in the case of a transportation 
                        plan or 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, 
                        county, or city agency responsible for planning 
                        and approval of the transportation plan or 
                        project.''.

SEC. 5. CERTIFICATION AND COMPLIANCE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall establish a method of ensuring 
compliance by State departments of transportation and metropolitan 
planning organizations with the requirements of this Act, including a 
requirement that each State department of transportation and 
metropolitan planning organization shall submit to the Secretary a 
report describing--
            (1) each complete streets policy adopted by the State 
        department of transportation or metropolitan planning 
        organization;
            (2) the means of implementation by the State department of 
        transportation or metropolitan planning organization of the 
        complete streets policy; and
            (3) any exemptions provided, and the process for providing 
        an exemption, from the requirements of the complete streets 
        policy of the State department of transportation or 
        metropolitan planning organization.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing--
            (1) the method established under subsection (a);
            (2) the status of activities for adoption and 
        implementation by State departments of transportation and 
        metropolitan planning organizations of complete streets 
        policies;
            (3) the tools and resources provided by the Secretary to 
        State departments of transportation and metropolitan planning 
        organizations to assist with that adoption and implementation; 
        and
            (4) other measures carried out by the Secretary to 
        encourage the adoption of complete streets policies by local 
        jurisdictions.
    (c) Project Certification.--
            (1) In general.--Except as provided in paragraph (2), each 
        State shall require that each agency with primary design, 
        construction, or financial responsibility for a federally 
        funded project located within the jurisdiction of a 
        transportation improvement program of the State shall--
                    (A) review the project at the final design stage to 
                ensure incorporation in the project of each applicable 
                complete streets policy described in section 3; and
                    (B) not later than 1 year after the date on which 
                the project is opened for public use, submit to the 
                State a certification that the project achieves 
                compliance with each applicable complete streets 
                policy.
            (2) Exceptions.--A State may provide an exception to the 
        requirements of paragraph (1) for a project the cost of which 
        is less than an amount to be determined by the Secretary, by 
        regulation.
            (3) Subsequent certifications.--During the period beginning 
        on the date of submission of the initial certification under 
        paragraph (1) and ending on the date on which construction of 
        the applicable project is completed, when the project undergoes 
        a substantial design change, as determined by the Secretary, 
        each agency described in paragraph (1) shall submit to the 
        State a recertification that the project is in compliance with 
        each applicable complete streets policy.

SEC. 6. SAFETY FUNDING IN NONCOMPLIANT STATES.

    (a) Definition of Noncompliant State.--In this section, the term 
``noncompliant State'' means a State that fails to achieve compliance 
with the requirements of section 3 by the date described in that 
section.
    (b) Requirement.--Of the funds apportioned to a noncompliant State 
under section 104(b)(3) of title 23, United States Code, for the 
applicable fiscal year, the noncompliant State shall use to carry out a 
highway safety program under section 402 of title 23, United States 
Code--
            (1) 1 percent for the first fiscal year of noncompliance;
            (2) 2 percent for the second fiscal year of noncompliance; 
        and
            (3) 3 percent for the third fiscal year of noncompliance 
        and each fiscal year thereafter until the noncompliant State 
        achieves compliance with the requirements of section 3.

SEC. 7. ACCESSIBILITY STANDARDS.

    (a) Final Standards.--Not later than 1 year after the date of 
enactment of this Act, the Architectural and Transportation Barriers 
Compliance Board established by section 502(a)(1) of the Rehabilitation 
Act of 1973 (29 U.S.C. 792(a)(1)) shall promulgate final standards for 
accessibility of new construction and alteration of pedestrian 
facilities for public rights-of-way.
    (b) Temporary Standards.--During the period beginning on the date 
of enactment of this Act and ending on the date on which the 
Architectural and Transportation Barriers Compliance Board promulgates 
final standards under subsection (a), a State or metropolitan planning 
organization shall apply to public rights-of-way--
            (1) the standards for accessible transportation facilities 
        contained in section 37.9 of title 49, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act); or
            (2) if the standards referred to in paragraph (1) do not 
        address, or are inapplicable to, an affected public right-of-
        way, the revised draft guidelines for accessible public rights-
        of-way of the Architectural and Transportation Barriers 
        Compliance Board dated November 23, 2005.

SEC. 8. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION ASSISTANCE.

    (a) Research.--
            (1) In general.--The Secretary shall conduct research 
        regarding complete streets to assist States, metropolitan 
        planning organizations, and local jurisdictions in developing, 
        adopting, and implementing plans, projects, procedures, 
        policies, and training programs that comply with complete 
        streets principles.
            (2) Participation.--The Secretary shall solicit 
        participation in the research program under paragraph (1) by--
                    (A) the American Association of State Highway and 
                Transportation Officials;
                    (B) the Institute of Transportation Engineers;
                    (C) the American Public Transportation Association;
                    (D) the American Planning Association;
                    (E) the National Association of Regional Councils;
                    (F) the Association of Metropolitan Planning 
                Organizations;
                    (G) representatives of disability, motoring, 
                bicycling, walking, transit user, aging, and air 
                quality organizations; and
                    (H) other affected communities.
            (3) Requirements.--The research under paragraph (1) shall--
                    (A) be based on the applicable statement of 
                complete streets research needs of the Transportation 
                Research Board, as described in TR Circular E110; and
                    (B) seek to develop new areas of inquiry, in 
                addition to that statement.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $2,000,000 for each 
        applicable fiscal year to carry out this subsection.
    (b) Benchmarks and Guidance.--
            (1) In general.--The research conducted under subsection 
        (a) shall be designed to result in the establishment of 
        benchmarks and the provision of practical guidance on methods 
        of effectively implementing complete streets policies and 
        complete streets principles that will accommodate all users 
        along a facility or corridor, including vehicles, pedestrians, 
        bicyclists, and transit users.
            (2) Focus.--The benchmarks and guidance under paragraph (1) 
        shall--
                    (A) focus on modifying scoping, design, and 
                construction procedures to more effectively combine 
                particular methods of use into integrated facilities 
                that meet the needs of each method in an appropriate 
                balance; and
                    (B) indicate the expected operational and safety 
                performance of alternative approaches to facility 
                design.
    (c) Technical Guidance.--
            (1) Report.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall prepare and make 
        available to all States, metropolitan planning organizations, 
        and local jurisdictions a report that describes the best 
        practices by which transportation agencies throughout the 
        United States have implemented complete streets principles in 
        accordance with, or in anticipation of, the requirements of 
        this Act.
            (2) Topics for emphasis.--In preparing the report under 
        paragraph (1), the Secretary shall place particular emphasis on 
        the following topics:
                    (A) Procedures for identifying the needs of users 
                of all ages and abilities of a particular roadway.
                    (B) Procedures for identifying the types and 
                designs of facilities needed to serve each class of 
                users.
                    (C) Benefits provided by the implementation of 
                complete streets principles.
                    (D) Common barriers to the implementation of 
                complete streets principles.
                    (E) Procedures for overcoming the most common 
                barriers to the implementation of complete streets 
                principles.
                    (F) Procedures for identifying the costs associated 
                with the implementation of complete streets principles.
                    (G) Procedures for maximizing local cooperation in 
                the introduction and implementation of complete streets 
                principles.
                    (H) Procedures for assessing and modifying the 
                facilities and operational characteristics of existing 
                roadways to improve consistency with complete streets 
                principles.
    (d) Data Collection.--In addition to preparing the report under 
subsection (c), the Secretary shall collaborate with the Bureau of 
Transportation Statistics, the Federal Transit Administration, and 
appropriate committees of the Transportation Research Board--
            (1) to collect data regarding a baseline nonmotorized and 
        transit use survey to be integrated into the National Household 
        Travel Survey; and
            (2) to develop a survey tool for use by State departments 
        of transportation in identifying the multimodal capacity of 
        State and local roadways.
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