[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2004 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2004
To ensure the safety of all users of the transportation system,
including pedestrians, bicyclists, transit users, children, older
individuals, and individuals with disabilities, as they travel on and
across federally funded streets and highways.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2014
Mr. Begich (for himself and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To ensure the safety of all users of the transportation system,
including pedestrians, bicyclists, transit users, children, older
individuals, and individuals with disabilities, as they travel 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 ``Safe Streets Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Complete street.--The term ``complete street'' means a
roadway that safely accommodates all travelers, particularly
public transit users, bicyclists, pedestrians (including
individuals of all ages and individuals with mobility, sensory,
neurological, or hidden disabilities), motorists and freight
vehicles, 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 safe and 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, individuals with
disabilities, motorists, and freight vehicles; 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; and
(B) 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.
(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 the expected users
of that facility, of all ages and abilities, including
pedestrians, bicyclists, transit vehicles and users,
freight vehicles, 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 of all
ages and abilities 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;
(H) include a list of performance standards with
measurable outcomes to ensure that the transportation
improvement program adheres to complete streets
principles; and
(I) directs agency staff to create an
implementation plan.
(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) 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 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, employment
densities, traffic volumes, or level of transit service around
a particular roadway is so low, that the expected users of the
roadway will not include pedestrians, public transportation,
freight vehicles, or bicyclists; 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.
(d) 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.
(e) 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. CERTIFICATION.
(a) In General.--Not later than 1 year after the enactment of this
Act, the Secretary shall establish a method of evaluating 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) 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.
SEC. 5. 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. 6. 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) the Insurance Institute for Highway Safety;
(H) the American Society of Landscape Architects;
(I) representatives of transportation safety,
disability, motoring, bicycling, walking, transit user,
aging, and air quality organizations; and
(J) 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.
(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) Data Collection.--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.
(d) 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) Safety and other 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.
<all>