[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3670 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3670

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2024

Mr. Markey (for himself, Mr. Blumenthal, Mr. Warnock, and Mr. Heinrich) 
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 2024''.

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, abilities, and 
        disabilities, including modes such as walking, cycling, 
        transit, mobility devices, 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; 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.
            (9) State.--The term ``State'' means--
                    (A) any of the 50 States;
                    (B) the District of Columbia;
                    (C) Puerto Rico;
                    (D) American Samoa;
                    (E) the Commonwealth of the Northern Mariana 
                Islands;
                    (F) Guam; and
                    (G) the United States Virgin Islands.
    (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 development and 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, rural areas, Tribal areas, territorial 
                communities, 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 1 year 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;
                    (C) indicate the expected operational and safety 
                performance of alternative approaches to facility 
                design; and
                    (D) suggest design options specific to road 
                classifications, land use, traffic volume, and speed.
            (3) Topics of emphasis.--In developing the benchmarks and 
        guidance under paragraph (1), the Secretary shall--
                    (A) emphasize--
                            (i) procedures for identifying the needs of 
                        users of all ages and abilities of a particular 
                        roadway;
                            (ii) procedures for identifying the types 
                        and designs of facilities needed to serve each 
                        class of users;
                            (iii) safety and other benefits provided by 
                        carrying out complete streets principles;
                            (iv) common barriers to carrying out 
                        complete streets principles;
                            (v) procedures for overcoming the most 
                        common barriers to carrying out complete 
                        streets principles;
                            (vi) procedures for identifying the costs 
                        associated with carrying out complete streets 
                        principles;
                            (vii) procedures for maximizing local 
                        cooperation in the introduction of complete 
                        streets principles and carrying out those 
                        principles; and
                            (viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with complete streets principles; 
                        and
                    (B) take into consideration findings of the 
                National Complete Streets Assessment of the Federal 
                Highway Administration.
            (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) how the development of complete 
                        streets infrastructure will improve safety for 
                        all road users in underserved neighborhoods, 
                        including any feedback from affected 
                        communities;
                            (v) any exceptions to the complete streets 
                        policy, including a clear procedure for the 
                        approval of those exceptions, as described in 
                        paragraph (4);
                            (vi) the jurisdiction in which the complete 
                        streets policy applies; and
                            (vii) 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;
                            (ii) land use; and
                            (iii) 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);
                    (J) comply with public right-of-way accessibility 
                guidelines; and
                    (K) 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 by providing the most efficient routing and 
                accessibility for those road users;
                    (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, particular use of the affected 
                roadway, or prevalence of serious or fatal crashes on 
                that roadway;
                    (C) the existing and expected population, 
                employment density, 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 or other vulnerable road users; or
                    (D) there are complete streets principles fulfilled 
                on a parallel corridor connected to an area that is not 
                more than 0.25 mile away for pedestrians and not more 
                than 1.5 miles away for bicyclists, providing a 
                complete streets network.
            (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 the 
        first October 1 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;
                    (C) that aligns with local infrastructure plans and 
                roadway maintenance schedules; and
                    (D) that includes a description of how complete 
                streets priorities fit in with existing complete 
                streets policies of the applicable State or 
                metropolitan planning organization.
            (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, including--
                    (A) a pedestrian or bicyclist safety plan;
                    (B) a complete streets plan in effect before the 
                date of enactment of this Act;
                    (C) a local roadway safety plan;
                    (D) a Vision Zero Action Plan;
                    (E) a transition plan described in section 
                35.150(d) of title 28, Code of Federal Regulations (or 
                successor regulations) (commonly known as an `ADA 
                Transition Plan');
                    (F) a Tribal transportation safety plan;
                    (G) a comprehensive safety action plan (as defined 
                in section 24112(a) of the Infrastructure Investment 
                and Jobs Act (23 U.S.C. 402 note; Public Law 117-58)); 
                or
                    (H) any other safety plan, as determined by the 
                Secretary.
            (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) Priority.--In selecting projects to receive grants under this 
section, the State shall give priority to projects on intersections and 
corridors in which nonmotorized users are most vulnerable, based on the 
most recent data and the evidence of risk.
    (i) Accessibility Standards.--The Secretary and the Attorney 
General shall update regulations of the Department of Transportation 
and the Department of Justice, respectively--
            (1) to adopt as accessibility standards the accessibility 
        guidelines for pedestrian facilities in the public right-of-way 
        described in the final rule of the Architectural and 
        Transportation Barriers Compliance Board entitled 
        ``Accessibility Guidelines for Pedestrian Facilities in the 
        Public Right-of-Way'' (88 Fed. Reg. 53604 (August 8, 2023)); 
        and
            (2) to include in those accessibility standards provisions 
        for vision, hearing, cognitive ability, and language access.
    (j) Funding.--For each fiscal year, each State shall obligate to 
carry out the complete streets program of the State--
            (1) 5 percent of the funds apportioned to the State under 
        section 104(b) of title 23, United States Code, in the case of 
        a State described in subparagraph (A) or (B) of subsection 
        (a)(9); or
            (2) 5 percent of the funds apportioned to the State under 
        section 165 of title 23, United States Code, in the case of a 
        State described in subparagraph (C) through (G) of subsection 
        (a)(9).

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.''.

SEC. 4. COMPLETE STREETS DESIGN STANDARDS.

    Section 109 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(t) Complete Streets Design Standards.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Complete Streets Act of 2024, the Secretary 
        shall establish complete streets design standards that 
        include--
                    ``(A) dedicated, protected bike lanes with 
                advancing levels of protective design, consistent with 
                the traffic speed, volume, and number of lanes of the 
                road;
                    ``(B) requirements for sidewalks and crosswalks 
                consistent with public right-of-way accessibility 
                guidelines; and
                    ``(C) guidelines for lighting and signalization to 
                promote safety.
            ``(2) Initial requirement.--
                    ``(A) In general.--Beginning on the date that is 2 
                years after the date of enactment of the Complete 
                Streets Act of 2024, any project described in 
                subparagraph (B) shall comply with the complete streets 
                design standards established under paragraph (1).
                    ``(B) Projects described.--Except as provided in 
                paragraph (4), a project referred to in subparagraph 
                (A) is a new project--
                            ``(i) on a Federal-aid highway that--
                                    ``(I) is within the boundaries of a 
                                metropolitan planning area; and
                                    ``(II) has scheduled, fixed-route 
                                transit service;
                            ``(ii) that uses funds apportioned to a 
                        State under section 104(b); and
                            ``(iii)(I) for new construction or 
                        reconstruction; or
                            ``(II) with a total cost of more than 
                        $10,000,000.
            ``(3) Subsequent requirement.--
                    ``(A) In general.--Beginning on the date described 
                in subparagraph (B), any project described in 
                subparagraph (C) shall comply with the complete streets 
                design standards established under paragraph (1).
                    ``(B) Date described.--The date referred to in 
                subparagraph (A) is, for each State, the earlier of--
                            ``(i) 5 years after the date of enactment 
                        of the Complete Streets Act of 2024; and
                            ``(ii) the first statewide transportation 
                        improvement program for the State that begins 
                        after the deadline described in paragraph 
                        (2)(A).
                    ``(C) Projects described.--Except as provided in 
                paragraph (4), a project referred to in subparagraph 
                (A) is a new project--
                            ``(i) on a Federal-aid highway that is 
                        within the boundaries of a metropolitan 
                        planning area;
                            ``(ii) that uses funds apportioned to a 
                        State under section 104(b); and
                            ``(iii)(I) for new construction or 
                        reconstruction; or
                            ``(II) with a total cost of more than 
                        $10,000,000.
            ``(4) Exemptions.--A project described in paragraph (2)(B) 
        or paragraph (3)(C) shall not include--
                    ``(A) a limited access highway;
                    ``(B) any portion of a signalized arterial roadway 
                adjacent to land that is zoned for heavy industrial 
                purposes, unless that portion of the roadway has 
                scheduled, fixed-route transit service;
                    ``(C) a facility that has a documented absence of 
                current and future need;
                    ``(D) a facility for which a project that complies 
                with the complete streets design standards established 
                under paragraph (1) is already underway; or
                    ``(E) a project for emergency repairs, except that 
                temporary accommodations for all modes shall be made, 
                to the extent practicable.
            ``(5) Appeals.--
                    ``(A) In general.--If a State denies a proposal by 
                a metropolitan planning organization to carry out a 
                project to comply with the complete streets design 
                standards under paragraph (1), the metropolitan 
                planning organization may submit to the applicable 
                regional office of the Federal Highway Administration 
                an appeal.
                    ``(B) Secondary review.--The metropolitan planning 
                organization may submit to the headquarters office of 
                the Federal Highway Administration a request to review 
                the determination of the regional office of the Federal 
                Highway Administration under subparagraph (A).
            ``(6) Reporting.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the Complete Streets Act of 2024 
                and every 2 years thereafter, each State shall submit 
                to the Secretary and make publicly available an 
                inventory of the highway system of the State that shows 
                which portions have ongoing and completed projects that 
                comply with the complete streets design standards under 
                paragraph (1).
                    ``(B) Cost.--The Secretary shall make publicly 
                available, and update as appropriate, a chart that 
                shows the costs of complete streets design elements in 
                different contexts and for different functional 
                classifications.''.
                                 <all>