[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 425 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 425

To require States to establish complete streets programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

Mr. Markey (for himself, Mr. Blumenthal, and Mr. Schatz) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require States to establish complete streets programs, 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 ``Complete Streets Act of 2021''.

SEC. 2. COMPLETE STREETS PROGRAM.

    (a) Definitions.--In this section:
            (1) Complete street.--The term ``complete street'' means a 
        public road that provides safe and accessible options for 
        multiple travel modes for people of all ages and abilities, 
        including modes such as walking, cycling, transit, automobiles, 
        and freight.
            (2) Complete streets policy.--The term ``complete streets 
        policy'' means a complete streets policy adopted by an eligible 
        entity under subsection (d)(1).
            (3) Complete streets principle.--The term ``complete 
        streets principle'' means a principle at the local, State, or 
        regional 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 of the transportation system in all phases 
                of project planning and development.
            (4) Complete streets prioritization plan.--The term 
        ``complete streets prioritization plan'' means a complete 
        streets prioritization plan developed by an eligible entity 
        under subsection (f)(1).
            (5) Complete streets program.--The term ``complete streets 
        program'' means a complete streets program established by a 
        State under subsection (b)(1).
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a unit of local government;
                    (B) a regional planning organization;
                    (C) a metropolitan planning organization;
                    (D) a transit agency;
                    (E) a natural resource or public land agency;
                    (F) a Tribal government;
                    (G) a nonprofit entity responsible for the 
                administration of local transportation safety programs; 
                or
                    (H) any other local or regional governmental 
                entity, other than a State agency, with responsibility 
                for or oversight of transportation or recreational 
                trails that the State in which the project will occur 
                determines to be eligible, consistent with the goals of 
                this section.
            (7) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means a metropolitan 
        planning organization designated under--
                    (A) section 134 of title 23, United States Code; or
                    (B) section 5303 of title 49, United States Code.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Establishment.--
            (1) In general.--Not later than October 1 of the second 
        full fiscal year after the date of enactment of this Act, each 
        State shall establish a program for a competitive process for 
        an eligible entity to seek--
                    (A) technical assistance for a project to design 
                and construct a project included in the complete 
                streets prioritization plan of the eligible entity 
                under subsection (f)(5); and
                    (B) grants for the design and construction of 
                complete streets under subsection (g).
            (2) Funding.--Not later than October 1 of the third full 
        fiscal year that begins after the date of enactment of this 
        Act, each State shall begin to provide grants for the design 
        and construction of complete streets under subsection (g)(1).
            (3) Goals.--The goals of a complete streets program are--
                    (A) to provide technical assistance and incentives 
                for the adoption of complete streets policies;
                    (B) to encourage eligible entities to adopt a 
                strategic and comprehensive approach for the 
                development of complete streets;
                    (C) to facilitate better pedestrian, bicycle, and 
                public transit travel for users of all ages and 
                abilities by addressing critical gaps in pedestrian, 
                bicycle, and public transit infrastructure;
                    (D) to distribute funding to reward eligible 
                entities that have committed to adopting complete 
                streets benchmarks developed by the Secretary under 
                subsection (c); and
                    (E) to ensure that underserved municipalities, 
                neighborhoods, and people, including low-income people 
                and communities of color, are served equitably by the 
                complete streets program.
    (c) Complete Streets Benchmarks and Guidance.--
            (1) In general.--Not later than 450 days after the date of 
        enactment of this Act, the Secretary shall develop and make 
        available to States and eligible entities benchmarks and 
        guidance by which--
                    (A) States can carry out complete streets programs;
                    (B) eligible entities can carry out complete 
                streets policies and complete streets principles; and
                    (C) eligible entities can evaluate the 
                effectiveness of complete streets projects.
            (2) Focus.--The benchmarks and guidance developed and made 
        available under paragraph (1) shall--
                    (A) be designed to result in the establishment of 
                methods of effectively carrying out a complete streets 
                policy, a complete streets program, and complete 
                streets principles, as applicable;
                    (B) focus on modifying scoping, design, and 
                construction procedures to more effectively combine 
                modes of transportation into integrated facilities that 
                meet the needs of each of those modes of transportation 
                in an appropriate balance; and
                    (C) indicate the expected operational and safety 
                performance of alternative approaches to facility 
                design.
            (3) Topics of emphasis.--In developing the benchmarks and 
        guidance under paragraph (1), the Secretary shall emphasize--
                    (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 carrying 
                out complete streets principles;
                    (D) common barriers to carrying out complete 
                streets principles;
                    (E) procedures for overcoming the most common 
                barriers to carrying out complete streets principles;
                    (F) procedures for identifying the costs associated 
                with carrying out complete streets principles;
                    (G) procedures for maximizing local cooperation in 
                the introduction of complete streets principles and 
                carrying out those principles; and
                    (H) procedures for assessing and modifying the 
                facilities and operational characteristics of existing 
                roadways to improve consistency with complete streets 
                principles.
            (4) Public review and comment.--The complete streets 
        benchmarks and guidance developed and made available under 
        paragraph (1) shall be subject to a period of public review and 
        comment.
    (d) Complete Streets Policies.--
            (1) In general.--An eligible entity seeking technical 
        assistance or funds from a complete streets program shall adopt 
        a complete streets policy using complete streets principles and 
        approved by--
                    (A) the State of the eligible entity; or
                    (B) a metropolitan planning organization that 
                serves an area under the jurisdiction of the eligible 
                entity, subject to the condition that the metropolitan 
                planning organization and the State execute an 
                agreement--
                            (i) under which the State agrees--
                                    (I) to delegate policy approval 
                                authority to the metropolitan planning 
                                organization; and
                                    (II) to provide funding to the 
                                metropolitan planning organization for 
                                all reasonable costs related to review 
                                of a complete streets policy; and
                            (ii) that establishes guidelines for 
                        approval of a complete streets policy as 
                        required under subsection (e)(2).
            (2) Guidance.--Not later than October 1 of the first full 
        fiscal year that begins after the date of enactment of this 
        Act, the Secretary shall provide guidance to States and 
        metropolitan planning organizations for review of complete 
        streets policies under this Act.
            (3) Requirements.--A complete streets policy of an eligible 
        entity shall--
                    (A) include a description of--
                            (i) how the eligible entity intends to 
                        develop complete streets infrastructure, 
                        including through an assessment of procedures, 
                        design manuals, performance measures, and 
                        training for planners and engineers;
                            (ii) how, after the development of complete 
                        streets infrastructure, the transportation 
                        system will serve users of all ages and 
                        abilities, including pedestrians, bicyclists, 
                        and public transit passengers, as well as 
                        trucks, buses, and automobiles;
                            (iii) how the complete streets policy will 
                        apply to all projects and phases of projects 
                        that affect the streets under the complete 
                        streets policy, including reconstruction, new 
                        construction, planning, design, maintenance, 
                        and operations, for the entire street;
                            (iv) any exceptions to the complete streets 
                        policy, including a clear procedure for the 
                        approval of those exceptions, as described in 
                        paragraph (4);
                            (v) the jurisdiction in which the complete 
                        streets policy applies; and
                            (vi) the steps necessary for implementation 
                        of the complete streets policy;
                    (B) encourage a comprehensive, integrated, and 
                connected network for all modes of transportation;
                    (C) benefit users of all abilities;
                    (D) emphasize the need to coordinate with other 
                jurisdictions with respect to the streets under the 
                jurisdiction of the complete streets policy;
                    (E) require the use of the latest and best design 
                criteria and guidelines, particularly standards 
                relating to providing access to individuals with 
                disabilities, in projects under the complete streets 
                policy;
                    (F) recognize the need for flexibility in balancing 
                user needs;
                    (G) be context sensitive and complement the 
                community, including consideration of--
                            (i) the urban, suburban, or rural location 
                        in which a project is located; and
                            (ii) planned investments on or near the 
                        corridor, such as public transportation;
                    (H) establish performance standards with measurable 
                outcomes to ensure that the complete streets 
                infrastructure complies with complete streets 
                principles;
                    (I) meet the minimum standards established by the 
                Secretary under subsection (e)(2)(A)(i); and
                    (J) except as provided in paragraph (4), require 
                the complete streets policy to apply to new road 
                construction and road modification projects, including 
                design, planning, construction, reconstruction, 
                rehabilitation, maintenance, and operations, for the 
                entire right-of-way under the jurisdiction of the 
                complete streets policy.
            (4) Exemption requirements and procedures.--A complete 
        streets policy shall allow for a project-specific exemption 
        from the complete streets policy if--
                    (A) the roadway affected by the project may not, 
                under applicable law, be used by certain types of 
                users, in which case the eligible entity shall make a 
                greater effort to accommodate the types of users 
                elsewhere, including on roadways that cross or 
                otherwise intersect with the affected roadway;
                    (B) the cost of the project to comply with the 
                complete streets policy would be excessively 
                disproportionate (as defined in the document of the 
                Department of Transportation entitled ``Design Guidance 
                Accommodating Bicycle and Pedestrian Travel: A 
                Recommended Approach'' and required under section 
                1202(b) of the Transportation Equity Act for the 21st 
                Century (23 U.S.C. 217 note; Public Law 105-178)) 
                compared to the need or particular use of the affected 
                roadway; or
                    (C) the existing and expected population, 
                employment density, traffic volume, or level of transit 
                service on and around the affected roadway is so low 
                that the expected users of the affected roadway will 
                not include pedestrians, public transportation, freight 
                vehicles, or bicyclists.
            (5) Guidance.--The Secretary shall establish guidance for a 
        State or metropolitan planning organization to evaluate and 
        approve a complete streets policy of an eligible entity.
            (6) Reports.--
                    (A) In general.--Each State department of 
                transportation shall submit to the Secretary a report 
                describing the implementation by the State of measures 
                to achieve complete streets principles within complete 
                streets policies of eligible entities within the State 
                at such time, in such manner, and containing such 
                information as the Secretary may require.
                    (B) Determination by secretary.--On receipt of a 
                report under subparagraph (A), the Secretary shall 
                determine whether the complete streets program of the 
                State has incorporated complete streets principles into 
                all aspects of the transportation project development, 
                programming, and delivery process, including project 
                planning, project identification, project scoping 
                procedures, design approval, design manuals, and 
                performance measures.
    (e) Certification.--
            (1) Certification of state programs.--Not later than 
        October 1 of the third full fiscal year that begins after the 
        date of enactment of this Act, the Secretary shall establish a 
        method of evaluating and certifying compliance by States with 
        the requirements of this Act, including a requirement that each 
        State department of transportation submit a report to the 
        Secretary that describes--
                    (A) the complete streets program of the State;
                    (B) the plan to carry out the complete streets 
                program of the State; and
                    (C) the degree of involvement of eligible entities 
                within the State in developing and carrying out the 
                complete streets program of the State.
            (2) Minimum standards for complete streets policies.--
                    (A) Establishment.--Not later than October 1 of the 
                first full fiscal year that begins after the date of 
                enactment of this Act, the Secretary shall establish 
                minimum requirements for the certification of an 
                eligible entity by a State or metropolitan planning 
                organization that describes--
                            (i) the minimum standards for a complete 
                        streets policy that allows an eligible entity 
                        to receive a grant under subsection (g)(1); and
                            (ii) a method for a State or metropolitan 
                        planning organization to certify that the 
                        complete streets policy of an eligible entity 
                        meets the minimum requirements required by the 
                        Secretary under clause (i).
                    (B) Lack of certification by state or mpo.--If the 
                State or metropolitan planning organization does not 
                certify the complete streets policy of an eligible 
                entity, the eligible entity--
                            (i) may not participate in the grant 
                        program under subsection (g)(1); but
                            (ii) may use the complete streets policy 
                        for local purposes.
            (3) Report.--Not later than October 1 of the fourth fiscal 
        year that begins after the date of enactment of this Act, the 
        Secretary shall submit to Congress a report that describes--
                    (A) the evaluation and certification method 
                established under paragraph (1);
                    (B) the status of activities for adopting and 
                carrying out complete streets programs by States;
                    (C) the tools and resources provided by the 
                Secretary to States to assist with adopting and 
                carrying out complete streets programs by States; and
                    (D) other measures carried out by the Secretary to 
                encourage the adoption of complete streets policies by 
                eligible entities.
    (f) Complete Streets Prioritization Plan.--
            (1) In general.--To receive a grant under subsection 
        (g)(1), an eligible entity shall develop, and the State of the 
        eligible entity shall approve, a complete streets 
        prioritization plan that consists of a comprehensive strategy 
        and list of specific projects to design, and carry out the 
        design of, complete streets--
                    (A) to improve safety, mobility, or accessibility 
                of a street;
                    (B) that identifies--
                            (i) the streets and infrastructure to be 
                        affected by a project;
                            (ii) a cost estimate of the project; and
                            (iii) a timeline for the completion of the 
                        project; and
                    (C) that aligns with local infrastructure plans and 
                roadway maintenance schedules.
            (2) Requirements.--In developing a complete streets 
        prioritization plan, an eligible entity shall prioritize 
        projects based on the extent to which projects intended to be 
        included in the complete streets prioritization plan improve--
                    (A) safety;
                    (B) pedestrian mobility;
                    (C) bicycle mobility;
                    (D) public transit operations and access;
                    (E) micromobility service operations and access, 
                including shared bicycle and scooter services;
                    (F) vehicular operations;
                    (G) freight operations;
                    (H) air quality;
                    (I) connections and access to jobs and services for 
                low-income people, communities of color, and people who 
                rely on public transit; and
                    (J) any other factor the Secretary determines to be 
                necessary.
            (3) Inclusion of projects from existing plans.--In 
        developing a complete streets prioritization plan, an eligible 
        entity may include a project included in an existing local 
        infrastructure plan.
            (4) Approval.--A State or metropolitan planning 
        organization shall approve of a complete streets prioritization 
        plan if the State or metropolitan planning organization 
        determines that the complete streets prioritization plan--
                    (A) meets the requirements of this section; and
                    (B) meets the goals described in subsection (b)(3).
            (5) Technical assistance funding.--A State may provide not 
        more than $100,000 in each fiscal year to an eligible entity 
        with a complete streets policy approved by the applicable State 
        or metropolitan planning organization to conduct studies or 
        analyses to support the completion of a complete streets 
        prioritization plan.
    (g) Grants for Complete Streets Infrastructure.--
            (1) In general.--A State may provide a grant for the design 
        and construction of 1 or more projects included in the complete 
        streets prioritization plan of an eligible entity.
            (2) Limitation.--A grant provided to an eligible entity 
        under paragraph (1) may be in an amount equal to the lesser 
        of--
                    (A) $20,000,000; and
                    (B) 20 percent of the total amount of funding for 
                the complete streets program of the State for the 
                fiscal year.
    (h) Accessibility Standards.--
            (1) Final standards.--Not later than 1 year after the date 
        of enactment of this Act, the Architectural and Transportation 
        Barriers Compliance Board established under 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.
            (2) 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 paragraph (1), a State 
        or metropolitan planning organization shall apply to public 
        rights-of-way--
                    (A) the standards for accessible transportation 
                facilities in section 37.9 of title 49, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this Act); or
                    (B) if the standards referred to in subparagraph 
                (A) do not address, or are inapplicable to, an affected 
                public right-of-way, the guidelines described in the 
                notice of availability of draft guidelines of the 
                Architectural and Transportation Barriers Compliance 
                Board entitled ``Americans With Disabilities Act (ADA) 
                Accessibility Guidelines for Buildings and Facilities; 
                Architectural Barriers Act (ABA) Accessibility 
                Guidelines; Public Rights-of-Way'' (70 Fed. Reg. 70734 
                (November 23, 2005)).
    (i) Funding.--For each fiscal year, each State shall obligate 5 
percent of the funds apportioned to the State under section 104(b) of 
title 23, United States Code, to carry out the complete streets program 
of the State.

SEC. 3. SAFETY FOR USERS.

    Section 1442 of the FAST Act (23 U.S.C. 109 note; Public Law 114-
94) is amended by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary shall require each State and 
metropolitan planning organization to adopt and implement standards for 
the design of Federal surface transportation projects that provide for 
the safe and adequate accommodation of all users of the surface 
transportation network, including motorized and nonmotorized users, in 
all phases of project planning, development, and operation.''.
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