1.This Act may be cited as the
Enhancing Livability for All Americans Act of
2009
.
2.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.
3.
(a)Chapter 3 of title
23, United States Code, is amended by adding at the end the following:
330.
(a)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)
(1)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)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)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)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)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)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)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)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)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)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)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)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)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 plansA
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)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)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)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)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 capabilitiesThe 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
coordinationThe 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)
(1)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 programsPrograms
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)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)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
standardsThe 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 planningThe 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)
(1)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)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)The analysis for
such chapter is amended by adding at the end the following:
330. Office of
Livability.
.