[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4287 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4287

To establish an Office of Livability in the Office of the Secretary of 
                Transportation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2009

  Mr. Cohen introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To establish an Office of Livability in the Office of the Secretary of 
                Transportation, and for other purposes.

    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 ``Enhancing Livability for All 
Americans Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since the creation of the Interstate System, United 
        States surface transportation has been defined by the use of 
        personal motor vehicles.
            (2) The focus on automobiles has afforded the people of the 
        United States increased mobility and interconnectivity, but has 
        also resulted in increased congestion, higher greenhouse gas 
        emissions, and a reduced focus on other modes of surface 
        transportation.
            (3) Between 1955 and 2005, vehicle miles traveled in the 
        United States increased fivefold, bringing with it an 
        escalation in traffic congestion.
            (4) Each year, Americans spend 4,200,000,000 hours in 
        traffic congestion, burning 2,900,000,000 gallons of fuel.
            (5) Wasted time and fuel result in a $78,000,000,000 annual 
        congestion tax, creating a financial drain on individuals and 
        the economy as a whole.
            (6) The transportation sector accounts for 22 percent of 
        the greenhouse gases emitted annually in the United States, 
        with 60 percent of the emissions coming from personal motor 
        vehicle use.
            (7) Transportation costs account for approximately 18 
        percent of an average household's expenditures.
            (8) Over reliance on automobiles can have adverse impacts 
        on public health, both through lessened physical activity and 
        from increased pollutants.
            (9) In order to reduce the financial, environmental, and 
        quality of life impacts of traffic congestion and to create 
        modal choice for all users, the United States transportation 
        system must include alternate modes of transportation to 
        complement personal motor vehicle travel, including public 
        transit, walking, and bicycling.
            (10) Public transit, walking, and bicycling are sustainable 
        modes of transportation that result in 5,600,000,000 gallons of 
        fuel savings and reduce carbon dioxide emissions by 49,000,000 
        metric tons each year.
            (11) Sustainable modes of transportation can provide 
        affordable transportation choices and have the ability to 
        reduce the transportation cost burden.
            (12) Bicyclists and pedestrians are intended users of the 
        surface transportation system, except where prohibited by law, 
        and it is the policy of the Federal Government to encourage 
        maximum accessibility and safety with respect to the surface 
        transportation system for bicyclists and pedestrians as 
        intended users when designing and constructing surface 
        transportation facilities.
            (13) In order to provide access to sustainable modes of 
        transportation, land use and planning decisions must include 
        consideration of transportation options.
            (14) A modally balanced surface transportation system will 
        benefit all users through improved accessibility, mobility, and 
        quality of life.
            (15) Increasing the availability and use of sustainable 
        modes of transportation and the development of livable 
        communities are priorities of the United States.

SEC. 3. OFFICE OF LIVABILITY.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 330. Office of Livability
    ``(a) Establishment.--The Secretary shall establish within the 
Office of the Secretary an office to be known as the `Office of 
Livability' (in this section referred to as the `Office') to--
            ``(1) provide funding, leadership, and support for 
        transportation projects, planning, and policies at all levels 
        of government that enhance livability; and
            ``(2) work to create and maintain a safe, reliable, 
        integrated, and accessible transportation network that improves 
        the economic and social well-being of the people of the United 
        States by enhancing choices for transportation users that--
                    ``(A) provide easy access to employment 
                opportunities and other destinations; and
                    ``(B) promote positive effects on the surrounding 
                community and environment.
    ``(b) Director.--
            ``(1) In general.--The Office shall be headed by a director 
        who shall be known as the ``Director of the Office of 
        Livability'' (in this section referred to as the `Director') 
        and who shall be appointed by the Secretary.
            ``(2) Duties.--The duties of the Director shall be to--
                    ``(A) manage the programs of the Office;
                    ``(B) provide leadership within the Department of 
                Transportation and throughout the United States with 
                respect to Federal livability transportation policies; 
                and
                    ``(C) work collaboratively to ensure the 
                expeditious and successful implementation of the 
                projects and programs of other offices within the 
                Department of Transportation relating to livability.
    ``(c) Grant Programs.--The Director shall establish and carry out 
the grant programs established under this section by--
            ``(1) developing applications and criteria for the 
        programs;
            ``(2) issuing regulations with respect to the programs;
            ``(3) selecting the recipients of grants under the 
        programs;
            ``(4) creating performance measures for recipients of 
        grants under the programs;
            ``(5) monitoring and evaluating the performance of 
        recipients of grants under the programs;
            ``(6) developing technical assistance and other guidance to 
        assist potential applicants, applicants, and recipients of 
        grants under the programs; and
            ``(7) carrying out other activities with respect to the 
        programs determined necessary by the Director.
    ``(d) Grant Program for Projects.--
            ``(1) Establishment.--The Director shall establish and 
        carry out a grant program (in this subsection referred to as 
        the `program') to award grants on a competitive basis to 
        eligible entities specified in paragraph (2) to assist capital 
        investments in surface transportation projects that have a 
        significant impact on a region, metropolitan area, community, 
        or neighborhood.
            ``(2) Eligible entities.--For purposes of paragraph (1), 
        the following are eligible entities:
                    ``(A) A State government.
                    ``(B) A local government.
                    ``(C) The government of a territory of the United 
                States.
                    ``(D) The government of an Indian tribe.
                    ``(E) A transit agency.
                    ``(F) A port authority.
                    ``(G) A metropolitan planning organization.
                    ``(H) Any other political subdivision of a State or 
                local government.
                    ``(I) A multimodal or multi-State entity composed 
                of entities specified in subparagraphs (A) through (H).
            ``(3) Eligibility and priority of projects.--
                    ``(A) Eligibility.--A grant under the program shall 
                be used for a transportation project that enhances 
                livability. To be eligible for a grant under the 
                program, an applicant must demonstrate the following:
                            ``(i) The proposed project of the applicant 
                        will take place in a community with a 
                        transportation system characterized by, in the 
                        determination of the Director, a majority of 
                        the following:
                                    ``(I) Poor accessibility with 
                                respect to job centers, schools, and 
                                other urban areas in the region.
                                    ``(II) Limited transportation 
                                options for residents, particularly for 
                                individuals living in high-poverty 
                                areas, the elderly, and individuals 
                                with a disability.
                                    ``(III) Limited access and safety 
                                with respect to all transportation 
                                modes, including bicycling and walking, 
                                and an overall record of poor 
                                transportation safety.
                                    ``(IV) Limited connectivity among 
                                existing transportation modes.
                                    ``(V) Significant congestion.
                                    ``(VI) Significant urban sprawl 
                                characterized by low population 
                                density.
                                    ``(VII) Poor air and water quality.
                                    ``(VIII) Limited green space and 
                                greenways.
                                    ``(IX) An excessive average vehicle 
                                miles traveled per resident.
                            ``(ii) The applicant has established 
                        performance measures to evaluate the 
                        effectiveness of the proposed project.
                            ``(iii) The applicant will utilize context 
                        sensitive solutions and public involvement in 
                        project development to ensure that the project 
                        reflects community and environmental values.
                            ``(iv) There is a commitment to 
                        implementation of the proposed project on the 
                        part of key local political leadership and 
                        stakeholder groups, including metropolitan 
                        planning organizations.
                            ``(v) The proposed project is able to begin 
                        implementation not later than one year after 
                        the date on which grant amounts are received.
                    ``(B) Priorities.--The Director shall give priority 
                in awarding grants under the program to transportation 
                projects that include at least two or more of the 
                following:
                            ``(i) Provision of an increased number of 
                        transportation options, including bicycling and 
                        walking, to improve access to housing, jobs, 
                        businesses, services, and social activities, 
                        particularly for low-income individuals and 
                        populations without access to a motor vehicle.
                            ``(ii) Design of streets and transit and 
                        rail stations to enable safe and equitable 
                        access for all users.
                            ``(iii) Improvement of the safety of a 
                        transportation system, facility, or network.
                            ``(iv) Reduction of greenhouse gas and 
                        criteria pollutant emissions, enhancement of 
                        wildlife habitat, or an increase in green 
                        spaces.
                            ``(v) Reduction of exposure to criteria 
                        pollutants and other public health risks, 
                        particularly for low-income and at-risk 
                        communities.
                            ``(vi) Use of innovative land use 
                        strategies to better coordinate transportation, 
                        housing, and development.
                            ``(vii) Strong collaboration among a broad 
                        range of participants or the integration of 
                        transportation projects with other public 
                        service efforts.
                            ``(viii) Revitalization of main streets and 
                        downtowns by making transportation improvements 
                        that encourage greater use of such areas.
                            ``(ix) Support for community in-fill, 
                        transit-oriented development, or neighborhood 
                        revitalization activities.
                            ``(x) Support for goals or projects 
                        included in a long range transportation plan.
            ``(4) Size diversity.--In awarding grants under the 
        program, the Director shall award--
                    ``(A) at least 25 percent of the amount available 
                for grants under the program to projects located in 
                communities with a population of not more than 200,000 
                individuals (which may include amounts awarded pursuant 
                to subparagraph (B)); and
                    ``(B) at least 10 percent of the amount available 
                for grants under the program to projects located in 
                communities with a population of not more than 50,000 
                individuals.
            ``(5) Availability of amounts.--Amounts made available to a 
        recipient of a grant under the program shall remain available 
        for the 3 fiscal years beginning after the fiscal year in which 
        amounts are provided. Amounts unobligated by the recipient at 
        the end of such period shall be redistributed by the Director 
        to other eligible entities under the program.
            ``(6) Annual report.--As a condition of receiving a grant 
        under the program, the recipient of the grant shall submit to 
        the Director, each fiscal year in which the grant amounts are 
        received, a report that, at a minimum--
                    ``(A) lists and describes the projects and 
                activities carried out by the recipient during the 
                fiscal year; and
                    ``(B) describes and analyzes the impact of the 
                projects and activities with respect to the objectives 
                of programs and activities under this section.
    ``(e) Grant Program for Innovative Planning.--
            ``(1) Establishment.--The Director shall establish and 
        carry out a grant program (in this subsection referred to as 
        the `program') to award grants on a competitive basis to 
        eligible entities specified in paragraph (2) to assist 
        communities in developing strategic growth plans that provide a 
        vision and goals for development with respect to at least a 20-
        year period and that integrate long-term transportation and 
        land use planning.
            ``(2) Eligible entities.--For purposes of paragraph (1), 
        the following are eligible entities:
                    ``(A) A State government.
                    ``(B) A regional planning organization.
                    ``(C) A metropolitan planning organization.
                    ``(D) A local government.
            ``(3) Priority for grants.--The Director shall give 
        priority in awarding grants under the program to applicants 
        that demonstrate the following:
                    ``(A) The proposed strategic growth plan of the 
                applicant is for a community with a transportation 
                system characterized by, in the determination of the 
                Director, a majority of the following:
                            ``(i) Poor accessibility with respect to 
                        job centers, schools, and other urban areas in 
                        the region.
                            ``(ii) Limited transportation options for 
                        residents, particularly for individuals living 
                        in high-poverty areas, the elderly, and 
                        individuals with a disability.
                            ``(iii) Limited access and safety with 
                        respect to all transportation modes, including 
                        bicycling and walking, and an overall record of 
                        poor transportation safety.
                            ``(iv) Limited connectivity among existing 
                        transportation modes.
                            ``(v) Significant congestion.
                            ``(vi) Significant urban sprawl 
                        characterized by low population density.
                            ``(vii) Poor air and water quality.
                            ``(viii) Limited green space and greenways.
                            ``(ix) An excessive average vehicle miles 
                        traveled per resident.
                    ``(B) Multijurisdictional partnerships and 
                engagement with local jurisdictions, transit agencies 
                and service providers, and housing and land use 
                entities.
                    ``(C) The ability to complete a strategic growth 
                plan in an effective and timely manner.
                    ``(D) The ability to incorporate the strategic 
                growth plan into a long range transportation plan.
            ``(4) Requirements on strategic growth plans.--A strategic 
        growth plan for which a grant is awarded under the program 
        shall develop a vision and goals for enhancing livability. The 
        recipient of a grant under the program shall coordinate with 
        local jurisdictions, transit agencies and service providers, 
        and housing and land use entities and shall develop a strategic 
        growth plan that--
                    ``(A) furthers the creation of livable communities;
                    ``(B) incorporates the development of feasible 
                steps for implementing the plan, including 
                interjurisdictional agreements that provide for 
                cooperative and coordinated approaches to achieving 
                plan goals;
                    ``(C) assesses projected regional population growth 
                or loss and other demographic changes, including by 
                creating 2 to 4 alternative growth scenarios;
                    ``(D) assesses how regional population growth or 
                loss and other demographic changes may impact the need 
                for housing, community development, and transportation, 
                including public transportation, in the region;
                    ``(E) assesses existing transportation corridors 
                and includes strategies for maintaining the corridors 
                and for enhancing development along the corridors;
                    ``(F) assesses the accessibility of job centers in 
                the region with respect to public transportation 
                facilities and housing, including affordable and public 
                housing;
                    ``(G) assesses transportation options in the 
                region, including--
                            ``(i) public transportation options, 
                        including intercity and high-speed rail;
                            ``(ii) options for individuals with low 
                        incomes, individuals living in high-poverty 
                        areas, the elderly, and individuals with a 
                        disability; and
                            ``(iii) any obstacles to providing access 
                        to locations that offer employment 
                        opportunities, including those in other urban 
                        areas in the region;
                    ``(H) assesses the daily vehicle miles traveled in 
                the region and the opportunities for reducing growth in 
                daily vehicle miles traveled and traffic congestion in 
                the region;
                    ``(I) assesses the environmental and public health 
                needs of the region and incorporates strategies for 
                reducing greenhouse gas emissions, improving air and 
                water quality, and remediating brownfield sites;
                    ``(J) includes strategies for adding new capacity 
                for public transportation and increasing ridership on 
                public transportation;
                    ``(K) includes strategies for supporting the 
                development of location-efficient and transit-oriented 
                development;
                    ``(L) includes strategies for revitalizing 
                communities, neighborhoods, and commercial centers by 
                supporting existing infrastructure;
                    ``(M) includes strategies for coordinating the 
                provision of transportation services to individuals 
                with low incomes, the elderly, and individuals with a 
                disability;
                    ``(N) includes strategies for reducing the costs of 
                housing and transportation, particularly for low-income 
                households; and
                    ``(O) assesses public lands and waters and includes 
                strategies for maintaining or enhancing the amount of 
                public lands and waters.
            ``(5) Size diversity.--In awarding grants under the 
        program, the Director shall award--
                    ``(A) at least 25 percent of the amount available 
                for grants under the program to plans for communities 
                with a population of not more than 200,000 individuals 
                (which may include amounts awarded pursuant to 
                subparagraph (B)); and
                    ``(B) at least 10 percent of the amount available 
                for grants under the program to plans for communities 
                with a population of not more than 50,000 individuals.
            ``(6) Availability of amounts.--Amounts made available to a 
        recipient of a grant under the program shall remain available 
        for the 3 fiscal years beginning after the fiscal year in which 
        amounts are provided. Amounts unobligated by the recipient at 
        the end of such period shall be redistributed by the Director 
        to other eligible entities under the program.
            ``(7) Maximum grant amounts.--The Director shall establish 
        the maximum amount of a grant under the program for each of the 
        following:
                    ``(A) Recipients developing a strategic growth plan 
                for a community with a population of not more than 
                50,000 individuals.
                    ``(B) Recipients developing a strategic growth plan 
                for a community with a population of more than 50,000 
                individuals and not more than 200,000 individuals.
                    ``(C) Recipients developing a strategic growth plan 
                for a community with a population of more than 200,000 
                individuals and not more than 1,000,000 individuals.
                    ``(D) Recipients developing a strategic growth plan 
                for a community with a population of more than 
                1,000,000 individuals and not more than 3,000,000 
                individuals.
                    ``(E) Recipients developing a strategic growth plan 
                for a community with a population of more than 
                3,000,000 individuals.
            ``(8) Annual report.--As a condition of receiving a grant 
        under the program, the recipient of the grant shall submit to 
        the Director, each fiscal year in which the grant amounts are 
        received, a report that, at a minimum--
                    ``(A) lists and describes the projects and 
                activities carried out by the recipient during the 
                fiscal year;
                    ``(B) describes and analyzes the impact of the 
                projects and activities with respect to the objectives 
                of programs and activities under this section;
                    ``(C) includes a set of performance measures to 
                evaluate the strategic growth plan of the recipient, 
                including measures with respect to the evaluation of 
                economic development, quality of life, transportation 
                costs, public health and safety, equitable access to 
                transportation options, energy efficiency, greenhouse 
                gas emission reductions and other environmental 
                impacts, and transportation system conditions and 
                connectivity; and
                    ``(D) describes innovative planning and public 
                participation methods developed and implemented, 
                including for engaging regional employers, public 
                health and housing providers, and transportation users, 
                including individuals with low incomes, the elderly, 
                and individuals with a disability;
    ``(f) Development of Statistical and Analytical Capabilities.--The 
Director shall develop statistical and analytical capabilities, in 
conjunction, when appropriate, with other entities in the executive 
branch (including the Environmental Protection Agency and the 
Department of Housing and Urban Development) and with other entities 
within the Department of Transportation (including other offices within 
the Federal Highway Administration, the Federal Transit Administration, 
the Federal Railroad Administration, the National Highway Traffic 
Safety Administration, and the Bureau of Transportation Statistics) to 
ascertain, and shall determine, the following using the best available 
research methodologies:
            ``(1) The percentage of trips taken throughout the United 
        States each year using each of the following modes of 
        transportation:
                    ``(A) Motor vehicle travel.
                    ``(B) Public transit, including ferries.
                    ``(C) Walking.
                    ``(D) Bicycling.
                    ``(E) Intercity rail and bus travel.
            ``(2) The economic, public health, and environmental 
        benefits derived due to the percentage of trips taken annually 
        using sustainable modes of transportation.
            ``(3) Benefits that may be achieved with an increase in the 
        percentage of trips taken annually using sustainable modes of 
        transportation.
            ``(4) An affordability index that illustrates the 
        transportation and housing costs associated with living in 
        specific locations.
            ``(5) Any other information relating to the status and 
        expansion of sustainable modes of transportation and livable 
        communities that the Director determines is necessary.
    ``(g) Executive Branch Coordination.--The Director shall work 
collaboratively with other executive branch agencies, including the 
Department of Housing and Urban Development, the Environmental 
Protection Agency, the Department of the Interior, and the Department 
of Health and Human Services, to exchange information, carry out joint 
planning and research, and conduct other activities that promote the 
development of livable communities, increase transportation choices, 
and improve the environment, public health, and quality of life.
    ``(h) Collaboration.--
            ``(1) In general.--The Director shall work collaboratively 
        to ensure the expeditious and successful implementation of 
        projects and programs that pertain to livability in offices of 
        the Federal Highway Administration, Federal Transit 
        Administration, Federal Railroad Administration, and all other 
        operating administrations within the Department of 
        Transportation. Projects and programs that pertain to 
        livability include the following:
                    ``(A) The nonmotorized transportation pilot program 
                under section 1807 of SAFETEA-LU (23 U.S.C. 217 note; 
                119 Stat. 1460).
                    ``(B) Transportation enhancements under section 
                133.
                    ``(C) The recreational trails program under section 
                206.
                    ``(D) The national scenic byways program under 
                section 162.
                    ``(E) Other programs of the Department of 
                Transportation identified by the Secretary as 
                contributing significantly to improved livability.
            ``(2) Effect on location of programs.--Programs specified 
        under paragraph (1) shall remain in the modal location in 
        effect before the date of enactment of this section. A program 
        relating to livability established after the date of enactment 
        of this section may be situated in any modal location in the 
        Department of Transportation, at the discretion of the 
        Secretary, unless otherwise mandated by Act of Congress.
    ``(i) Development and Dissemination of Best Practices.--
            ``(1) In general.--The Office shall act as a leadership 
        resource to develop and disseminate information on best 
        practices and provide technical assistance or other training to 
        States, regional and local governmental entities, and Indian 
        tribes relating to, at a minimum, the following:
                    ``(A) Promotion of the integration of land use 
                planning and transit-oriented development to support 
                the creation of livable communities.
                    ``(B) Fostering multimodal transportation systems 
                and effective multimodal connections.
                    ``(C) The expeditious delivery of nonmotorized 
                transportation projects.
                    ``(D) Innovative design of nonmotorized 
                transportation facilities.
                    ``(E) Adoption and implementation of comprehensive 
                street design policies and principles and practical 
                design standards.
                    ``(F) Reduction of greenhouse gas emissions and 
                other criteria pollutants.
                    ``(G) Projects, programs, and activities that 
                support the achievement of the national mode share 
                targets developed under paragraph (2).
            ``(2) Mode share targets.--The Director shall develop 
        quantifiable national mode share targets for sustainable modes 
        of transportation, develop a timeline for achievement of the 
        targets, and support projects, programs, and activities within 
        the Department of Transportation and throughout the United 
        States in support of the targets.
    ``(j) Comprehensive Street Design Policies and Principles and 
Practical Design Standards.--The Director shall encourage the adoption 
and implementation by States, regional and local governmental entities, 
and Indian tribes of comprehensive street design policies and 
principles and practical design standards through--
            ``(1) the development and dissemination of information on 
        best practices under subsection (i);
            ``(2) the provision of technical assistance or other 
        training under subsection (i); and
            ``(3) the creation or compilation of model comprehensive 
        street design policies and principles and practical design 
        standards and the dissemination of information relating to such 
        models to States, metropolitan planning organizations, and 
        other appropriate governmental entities.
    ``(k) Livability, Sustainability, and Planning.--The Director shall 
compile information and provide technical assistance, training, and 
information concerning best practices to States and metropolitan 
planning organizations to assist such entities in achieving compliance 
with livability and sustainability requirements and performance 
targets.
    ``(l) Funding.--
            ``(1) In general.--There is authorized to be appropriated 
        out of the Highway Trust Fund (other than the Mass Transit 
        Account) to carry out this section $750,000,000 for each of 
        fiscal years 2011 through 2015.
            ``(2) Contract authority.--Funds made available to carry 
        out this section shall be available for obligation and 
        administered in the same manner as if the funds were 
        apportioned under chapter 1.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``330. Office of Livability.''.
                                 <all>