[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3669 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3669

   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

                            January 25, 2024

Mr. Markey (for himself and Mr. Merkley) 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. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Department of Transportation has existing authority 
        to establish greenhouse gas-related performance measures;
            (2) performance measures help ensure meaningful greenhouse 
        gas emissions reductions; and
            (3) Congress should build on that existing authority in 
        order to ensure meaningful greenhouse gas emissions reductions.

SEC. 3. 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 the goals described in section 201 of Executive 
                Order 14008 (86 Fed. Reg. 7622 (January 27, 2021); 
                relating to `Tackling the Climate Crisis at Home and 
                Abroad'); and
                    ``(D) measures for States to use to assess--
                            ``(i) carbon dioxide emissions on public 
                        roads;
                            ``(ii) air pollutants and multipollutants 
                        on public roads, including noise pollution; and
                            ``(iii) 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.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered project.--The term `covered 
                        project' means a project that--
                                    ``(I) uses funds made available 
                                under this title to increase traffic 
                                capacity, including--
                                            ``(aa) by adding new travel 
                                        lanes, including on an existing 
                                        road; or
                                            ``(bb) by converting 
                                        shoulder lanes into new travel 
                                        lanes; or
                                    ``(II) is projected to receive not 
                                less than $25,000,000 of Federal funds 
                                made available under this title.
                            ``(ii) Environmental justice community.--
                        The term `environmental justice community' 
                        means a community with significant 
                        representation of communities of color, low-
                        income communities, or Tribal and Indigenous 
                        communities, that experiences, or is at risk of 
                        experiencing, higher or more adverse human 
                        health or environmental effects.
                    ``(B) Analysis.--In furtherance of the planning 
                goals described in subparagraphs (F) and (G) of 
                paragraph (1), a metropolitan planning organization, 
                with input from local community-based organizations 
                with relevant expertise, shall conduct and publish an 
                analysis of--
                            ``(i) 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 covered project 
                        within the metropolitan planning area; and
                            ``(ii) with respect to environmental 
                        justice communities served by the metropolitan 
                        planning organization, air pollution, toxic air 
                        contaminants, and other environmental justice 
                        metrics measured by a Federal environmental 
                        justice tool, such as the environmental justice 
                        mapping and screening tool created by the 
                        Environmental Protection Agency.
            ``(5) Requirement for new capacity projects.--Before 
        carrying out a project to construct new capacity for single 
        occupancy passenger vehicles, a metropolitan planning 
        organization shall submit to the Secretary and make publicly 
        available documents that demonstrate--
                    ``(A) that the metropolitan planning organization 
                has shown progress in achieving a state of good repair 
                on the National Highway System, as defined in the asset 
                management plan of the State under section 119(e);
                    ``(B) that the project--
                            ``(i) supports the achievement of 
                        performance targets of the State established 
                        under section 150; and
                            ``(ii) is more cost effective, as 
                        determined by a benefit-cost analysis, than--
                                    ``(I) an operational improvement to 
                                the facility or corridor;
                                    ``(II) the construction of a public 
                                transportation project eligible for 
                                assistance under chapter 53 of title 
                                49; or
                                    ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight movement; 
                                and
                    ``(C) that the metropolitan planning organization 
                has a public plan for maintaining and operating the new 
                asset while continuing progress in achieving a state of 
                good repair as described in subparagraph (A).''.
            (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.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered project.--The term `covered 
                        project' means a project that--
                                    ``(I) uses funds made available 
                                under this title to increase traffic 
                                capacity, including--
                                            ``(aa) by adding new travel 
                                        lanes, including on an existing 
                                        road; or
                                            ``(bb) by converting 
                                        shoulder lanes into new travel 
                                        lanes; or
                                    ``(II) is projected to receive not 
                                less than $25,000,000 of Federal funds 
                                made available under this title.
                            ``(ii) Environmental justice community.--
                        The term `environmental justice community' 
                        means a community with significant 
                        representation of communities of color, low-
                        income communities, or Tribal and Indigenous 
                        communities, that experiences, or is at risk of 
                        experiencing, higher or more adverse human 
                        health or environmental effects.
                    ``(B) Analysis.--In furtherance of the planning 
                goals described in subparagraphs (F) and (G) of 
                paragraph (1), a State shall conduct and publish an 
                analysis of--
                            ``(i) 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 covered project 
                        within the State; and
                            ``(ii) with respect to environmental 
                        justice communities served by the State, air 
                        pollution, toxic air contaminants, and other 
                        environmental justice metrics measured by a 
                        Federal environmental justice tool, such as the 
                        environmental justice mapping and screening 
                        tool created by the Environmental Protection 
                        Agency.
            ``(5) Requirement for new capacity projects.--Before 
        carrying out a project to construct new capacity for single 
        occupancy passenger vehicles, a State shall submit to the 
        Secretary and make publicly available documents that 
        demonstrate--
                    ``(A) that the State has shown progress in 
                achieving a state of good repair on the National 
                Highway System, as defined in the asset management plan 
                of the State under section 119(e);
                    ``(B) that the project--
                            ``(i) supports the achievement of 
                        performance targets of the State established 
                        under section 150; and
                            ``(ii) is more cost effective, as 
                        determined by a benefit-cost analysis, than--
                                    ``(I) an operational improvement to 
                                the facility or corridor;
                                    ``(II) the construction of a public 
                                transportation project eligible for 
                                assistance under chapter 53 of title 
                                49; or
                                    ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight movement; 
                                and
                    ``(C) that the State has a public plan for 
                maintaining and operating the new asset while 
                continuing progress in achieving a state of good repair 
                as described in subparagraph (A).''.
            (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 33 percent of the 
                                amount apportioned to the State under 
                                section 104(b)(1) for the purpose of 
                                achieving the targets through projects 
                                described in clause (iii); and
                                    ``(II) to obligate 10 percent of 
                                the amount 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)) for the purpose 
                                of achieving the targets through 
                                projects described in clause (iii).
                            ``(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.
                            ``(iii) Projects described.--A project 
                        referred to in clause (i) is any of the 
                        following:
                                    ``(I) A project on a Federal-aid 
                                highway.
                                    ``(II) Transit expansion, including 
                                an expansion of regular bus routes, 
                                arterial bus rapid transit, highway bus 
                                rapid transit, rail transit, and 
                                intercity passenger rail.
                                    ``(III) Transit service 
                                improvements, including an increased 
                                service level.
                                    ``(IV) Transit fare reduction or 
                                transit priority treatments.
                                    ``(V) A project for active 
                                transportation infrastructure.
                                    ``(VI) A project for micromobility 
                                infrastructure and service, including 
                                shared vehicle services.
                                    ``(VII) A land use project, 
                                including residential and other density 
                                increases, mixed-use development, and 
                                transit-oriented development.
                    ``(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 (5) and (6), 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) First last mile accessibility.--The term `first last 
        mile accessibility' means the requirement of a traveler to 
        travel--
                    ``(A) from the starting point of their journey to 
                the place of transportation; and
                    ``(B) from place of transportation to their final 
                destination.
            ``(4) 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:
            ``(7) Transit mode share.--The term `transit mode share' 
        means the percentage of trips taken by public transportation 
        for both commuting and noncommuting trips.
            ``(8) 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;
                    ``(C) transit mode share;
                    ``(D) first last mile accessibility; and
                    ``(E) accessibility for individuals with 
                disabilities in accordance with guidance issued by the 
                Access Board on accessibility for transportation 
                vehicles, streets, and sidewalks.
            ``(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).
            ``(4) Other entities.--
                    ``(A) In general.--With respect to any State or 
                community that is not a covered entity, including a 
                rural community or Tribal community, the Secretary 
                shall provide technical assistance, including 
                analytical tools, to assist those entities with 
                reaching each of the standards and performance measures 
                described in paragraph (1)(A).
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to require any 
                entity described in that subparagraph to comply with 
                the standards, performance measures, or reporting 
                requirements under this subsection.''.
            (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 5309(c)(1)(C) of title 49, United 
                States Code, is amended by striking ``5326(c)(2)'' and 
                inserting ``5326(d)(2)''.
                    (F) Section 5337(a)(4)(B) of title 49, United 
                States Code, is amended by striking ``5326(d)'' and 
                inserting ``5326(e)''.
                    (G) Section 24904(d)(2)(A) of title 49, United 
                States Code, is amended by striking ``5326(a)(3)'' and 
                inserting ``5326(a)(6)''.
            (4) Clerical amendment.--The analysis for chapter 53 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 5326 and inserting the following:

``5326. Transit asset management and accessibility.''.
                                 <all>