[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 431

   To amend title 23, United States Code, to require transportation 
 planners to consider projects and strategies to reduce greenhouse gas 
                   emissions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

 Mr. Markey (for himself, Mr. Carper, Mr. Durbin, Mrs. Feinstein, Mr. 
 Merkley, Mr. Sanders, and Mr. Padilla) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend title 23, United States Code, to require transportation 
 planners to consider projects and strategies to reduce greenhouse gas 
                   emissions, 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 ``Generating Resilient, 
Environmentally Exceptional National Streets Act'' or the ``GREEN 
Streets Act''.

SEC. 2. CONSIDERATION OF PROJECTS AND STRATEGIES TO REDUCE GREENHOUSE 
              GAS EMISSIONS.

    (a) National Goals and Performance Management Measures.--Section 
150 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) Combating climate change.--To reduce carbon dioxide 
        and other greenhouse gas emissions and improve the resilience 
        of the transportation system.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking the paragraph designation 
                        and all that follows through ``Not later'' and 
                        inserting the following:
            ``(1) Rulemaking.--
                    ``(A) In general.--Not later''; and
                            (ii) by adding at the end the following:
                    ``(B) Updates.--The Secretary shall periodically 
                update the rulemaking promulgated under subparagraph 
                (A) as necessary, including to implement the amendments 
                made to this section by the GREEN Streets Act.'';
                    (B) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) transit accessibility (as defined in section 
                5326(a) of title 49);
                    ``(D) transit stop distance (as defined in section 
                5326(a) of title 49); and
                    ``(E) transit mode share (as defined in section 
                5326(a) of title 49).''; and
                    (C) by adding at the end the following:
            ``(7) Greenhouse gas emissions on public roads.--For the 
        purpose of carrying out section 119(f)(3), the Secretary shall 
        establish--
                    ``(A) minimum standards for States to use in 
                decreasing per capita vehicle miles traveled on public 
                roads, including through--
                            ``(i) alignment of zoning and land use 
                        policy and planning;
                            ``(ii) investment in active and safe 
                        transportation infrastructure, such as 
                        sidewalks, trails, and bike lanes; and
                            ``(iii) public transit;
                    ``(B) minimum standards for States to use in 
                improving the resilience of public roads;
                    ``(C) in consultation with the Administrator of the 
                Environmental Protection Agency, minimum standards for 
                the reduction of greenhouse gas emissions on public 
                roads, with the goal of achieving net-zero emissions; 
                and
                    ``(D) measures for States to use to assess--
                            ``(i) carbon dioxide emissions on public 
                        roads; and
                            ``(ii) any other greenhouse gas emissions 
                        on public roads, as determined to be 
                        appropriate by the Secretary.''; and
            (3) in subsection (d)(1)--
                    (A) by striking ``subsection (c), each State shall 
                set'' and inserting ``subsection (c)(1)(A), and not 
                later than 1 year after each update of that rulemaking 
                under subsection (c)(1)(B), each State shall set or 
                update, as applicable,''; and
                    (B) by striking ``and (6)'' and inserting ``(6), 
                and (7)''.
    (b) Metropolitan Transportation Planning.--
            (1) Federal-aid highways.--Section 134(h) of title 23, 
        United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (F) 
                        through (J) as subparagraphs (H) through (L), 
                        respectively; and
                            (ii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) reduce carbon dioxide and other greenhouse 
                gas emissions;
                    ``(G) decrease per capita vehicle miles 
                traveled;''; and
                    (B) by adding at the end the following:
            ``(4) Analysis of projects that increase traffic 
        capacity.--In furtherance of the planning goals described in 
        subparagraphs (F) and (G) of paragraph (1), a metropolitan 
        planning organization shall conduct and publish an analysis of 
        the impact on per capita vehicle miles traveled, mobile source 
        greenhouse gas emissions, and non-single-occupancy-vehicle 
        trips, including trips by bicycle, pedestrian travel, public 
        transportation, and passenger rail, prior to approval of each 
        project within the metropolitan planning area that--
                    ``(A) uses funds made available under this title to 
                increase traffic capacity, including--
                            ``(i) by adding new travel lanes, including 
                        on an existing road; or
                            ``(ii) by converting shoulder lanes into 
                        new travel lanes; and
                    ``(B) is projected to receive not less than 
                $25,000,000 of Federal funds made available under this 
                title.''.
            (2) Public transportation.--Section 5303(h)(1) of title 49, 
        United States Code, is amended--
                    (A) by redesignating subparagraphs (F) through (I) 
                as subparagraphs (H) through (K), respectively; and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) reduce carbon dioxide and other greenhouse 
                gas emissions;
                    ``(G) decrease per capita vehicle miles 
                traveled;''.
    (c) Statewide and Nonmetropolitan Transportation Planning.--
            (1) Federal-aid highways.--Section 135(d) of title 23, 
        United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (F) 
                        through (J) as subparagraphs (H) through (L), 
                        respectively; and
                            (ii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) reduce carbon dioxide and greenhouse gas 
                emissions;
                    ``(G) decrease per capita vehicle miles 
                traveled;''; and
                    (B) by adding at the end the following:
            ``(4) Analysis of projects that increase traffic 
        capacity.--In furtherance of the planning goals described in 
        subparagraphs (F) and (G) of paragraph (1), a State shall 
        conduct and publish an analysis of the impact on per capita 
        vehicle miles traveled, mobile source greenhouse gas emissions, 
        and non-single-occupancy-vehicle trips, including trips by 
        bicycle, pedestrian travel, public transportation, and 
        passenger rail, prior to approval of each project within the 
        State that--
                    ``(A) uses funds made available under this title to 
                increase traffic capacity, including--
                            ``(i) by adding new travel lanes, including 
                        on an existing road; or
                            ``(ii) by converting shoulder lanes into 
                        new travel lanes; and
                    ``(B) is projected to receive not less than 
                $25,000,000 of Federal funds made available under this 
                title.''.
            (2) Public transportation.--Section 5304(d)(1) of title 49, 
        United States Code, is amended--
                    (A) by redesignating subparagraphs (F) through (I) 
                as subparagraphs (H) through (K), respectively; and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) reduce carbon dioxide and other greenhouse 
                gas emissions;
                    ``(G) decrease per capita vehicle miles 
                traveled;''.
    (d) National Highway Performance Program.--Section 119(f) of title 
23, United States Code, is amended--
            (1) in the subsection heading, by striking ``Conditions'' 
        and inserting ``Conditions; Greenhouse Gas Emissions on Public 
        Roads''; and
            (2) by adding at the end the following:
            ``(3) Greenhouse gas emissions on public roads.--
                    ``(A) Penalty.--
                            ``(i) In general.--Subject to clause (ii), 
                        if a State reports, in a performance target 
                        report under section 150(e), that the State has 
                        not achieved the targets of the State for 
                        performance measures described in section 
                        150(d) pertaining to the minimum standards for 
                        public roads established by the Secretary under 
                        section 150(c)(7), the State shall be required, 
                        during the following fiscal year--
                                    ``(I) to obligate, from the amounts 
                                apportioned to the State under section 
                                104(b)(1), an amount that is not less 
                                than the amount of funds apportioned to 
                                the State for fiscal year 2009 under 
                                the Interstate maintenance program for 
                                the purpose of achieving the targets 
                                through projects on Federal-aid 
                                highways; and
                                    ``(II) to obligate, from the 
                                amounts apportioned to the State under 
                                section 104(b)(2) (other than amounts 
                                suballocated to metropolitan areas and 
                                other areas of the State under section 
                                133(d)), an amount equal to 10 percent 
                                of the amount of funds apportioned to 
                                the State for fiscal year 2009 under 
                                the Interstate maintenance program for 
                                the purpose of achieving the targets 
                                through projects on Federal-aid 
                                highways.
                            ``(ii) Increase.--Each fiscal year after 
                        the date of enactment of this paragraph, the 
                        amount required to be obligated under clause 
                        (i)(I) shall be increased by 2 percent over the 
                        amount required to be obligated in the previous 
                        fiscal year.
                    ``(B) Restoration.--The obligation requirement in 
                subparagraph (A)(i)(I) for a fiscal year shall remain 
                in effect for each subsequent fiscal year until the 
                date on which the Secretary determines that the State 
                has achieved the targets of the State for performance 
                measures described in section 150(d) pertaining to the 
                minimum standards for public roads established by the 
                Secretary under section 150(c)(7).''.
    (e) Transit Accessibility.--
            (1) Transit access.--Section 5326 of title 49, United 
        States Code, is amended--
                    (A) in the section heading, by inserting ``and 
                accessibility'' after ``management'';
                    (B) in subsection (a)--
                            (i) by redesignating paragraphs (2) and (3) 
                        as paragraphs (4) and (5), respectively; and
                            (ii) by inserting after paragraph (1) the 
                        following:
            ``(2) Covered entity.--The term `covered entity' means--
                    ``(A) any metropolitan planning area with a 
                population of not fewer than 250,000 individuals on the 
                date of enactment of the GREEN Streets Act; and
                    ``(B) any State in which there exists a 
                metropolitan planning area with a population of not 
                fewer than 250,000 individuals on the date of enactment 
                of the GREEN Streets Act.
            ``(3) Transit accessibility.--The term `transit 
        accessibility' means the share of jobs, health care facilities, 
        grocery stores and other food suppliers, schools, and other 
        destinations accessible by public transportation in any 45-
        minute period.'';
                    (C) by adding at the end the following:
            ``(6) Transit mode share.--The term `transit mode share' 
        means the percentage of trips taken by public transportation 
        for both commuting and noncommuting trips.
            ``(7) Transit stop distance.--The term `transit stop 
        distance' means the average distance by census block to the 
        nearest transit stop, passenger station, or terminal providing 
        regularly scheduled service.'';
                    (D) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (E) by inserting after subsection (b) the 
                following:
    ``(c) Transit Access.--
            ``(1) Standards and performance measures.--Not later than 1 
        year after the date of enactment of the GREEN Streets Act, the 
        Secretary shall establish national transit access standards and 
        performance measures for--
                    ``(A) transit accessibility;
                    ``(B) transit stop distance; and
                    ``(C) transit mode share.
            ``(2) Performance targets and initial report.--Not later 
        than 180 days after the date on which the Secretary establishes 
        the standards and performance measures under paragraph (1), the 
        Secretary shall--
                    ``(A) require each covered entity to--
                            ``(i) establish targets for the covered 
                        entity relating to each of the standards and 
                        performance measures described in paragraph 
                        (1); and
                            ``(ii) submit to the Secretary a report 
                        describing--
                                    ``(I) the performance of the 
                                covered entity with respect to each of 
                                the standards and performance measures 
                                described in paragraph (1); and
                                    ``(II) by functional 
                                classification, the share of housing 
                                units and roadways in the covered 
                                entity that have--
                                            ``(aa) sidewalks;
                                            ``(bb) crosswalks;
                                            ``(cc) dedicated bike 
                                        lanes; or
                                            ``(dd) other forms of 
                                        dedicated nonmotorized 
                                        facilities; and
                    ``(B) provide technical assistance, including 
                analytical tools, to assist a covered entity in--
                            ``(i) establishing targets under 
                        subparagraph (A)(i); and
                            ``(ii) reporting on performance under 
                        subparagraph (A)(ii).
            ``(3) Subsequent reports.--
                    ``(A) Timing.--Not later than 180 days after 
                receipt of the initial report under paragraph 
                (2)(A)(ii), the Secretary shall establish a schedule 
                for the submission of subsequent reports by each 
                covered entity.
                    ``(B) Contents.--Each subsequent report under this 
                paragraph shall describe--
                            ``(i) the progress of the covered entity in 
                        meeting the targets of the covered entity 
                        relating to the standards and performance 
                        measures described in paragraph (1), including 
                        any change in performance since the submission 
                        of the previous report;
                            ``(ii) any revision of existing targets or 
                        establishment of new targets relating to the 
                        standards and performance measures described in 
                        paragraph (1); and
                            ``(iii) any proposal for the revision of 
                        existing targets or the establishment of new 
                        targets relating to the standards and 
                        performance measures described in paragraph 
                        (1).
                    ``(C) Technical assistance.--The Secretary shall 
                provide technical assistance, including analytical 
                tools, to assist a covered entity in--
                            ``(i) reporting on performance under this 
                        paragraph; and
                            ``(ii) establishing or revising performance 
                        targets relating to the standards and 
                        performance measures described in paragraph 
                        (1).''.
            (2) Metropolitan transportation planning.--Section 
        5303(h)(2)(B)(i)(I) of title 49, United States Code, is amended 
        by striking ``title 23,'' and inserting ``title 23 and section 
        5326,''.
            (3) Conforming amendments.--
                    (A) Section 134(h)(2)(B)(ii) of title 23, United 
                States Code, is amended by striking ``5326(c)'' and 
                inserting ``5326(d)''.
                    (B) Section 135(d)(2)(B)(ii) of title 23, United 
                States Code, is amended by striking ``5326(c)'' and 
                inserting ``5326(d)''.
                    (C) Section 5303(h)(2)(B)(ii) of title 49, United 
                States Code, is amended by striking ``5326(c)'' and 
                inserting ``5326(d)''.
                    (D) Section 5304(d)(2)(B)(ii) of title 49, United 
                States Code, is amended by striking ``5326(c)'' and 
                inserting ``5326(d)''.
                    (E) Section 5337(a)(4)(B) of title 49, United 
                States Code, is amended by striking ``5326(d)'' and 
                inserting ``5326(e)''.
                    (F) Section 24904(c)(1)(A) of title 49, United 
                States Code, is amended by inserting ``subsections (b), 
                (d), and (e) of'' after ``authorized under''.
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