[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5736-S5738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2407. Mr. SCHATZ (for himself, Mr. Markey, Mr. Udall, Mr. Merkley,
and Mr. Franken) submitted an amendment intended to be proposed by him
to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to
exempt employees with health coverage under TRICARE or the Veterans
Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
On page 592, between lines 15 and 16, insert the following:
PART IV--SAFE STREETS
SEC. 34441. SHORT TITLE.
This part may be cited as the ``Safe Streets Act of 2015''.
SEC. 34442. DEFINITIONS.
In this part:
(1) Complete street.--The term ``complete street'' means a
roadway that safely accommodates all travelers, particularly
public transit users, bicyclists, pedestrians (including
individuals of all ages and individuals with mobility,
sensory, neurological, or hidden disabilities), motorists and
freight vehicles, to enable all travelers to use the roadway
safely and efficiently.
(2) Complete streets policy; complete streets principle.--
The terms ``complete streets policy'' and ``complete streets
principle'' mean a transportation law, policy, or principle
at the local, State, regional, or Federal level that
ensures--
(A) the safe and adequate accommodation, in all phases of
project planning and development, of all users of the
transportation system, including pedestrians, bicyclists,
public transit users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
(B) the consideration of the safety and convenience of all
users in all phases of project planning and development.
(3) Local jurisdiction.--The term ``local jurisdiction''
means any unit of local government.
(4) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
the term in section 134(b) of title 23, United States Code.
(5) Roadway.--The term ``roadway'' means--
(A) the defined Federal functional classification roadway
system; and
(B) each bridge structure providing a connection for such a
roadway system.
(6) Senior manager.--The term ``senior manager'' means--
(A) the director of a State department of transportation
(or a designee);
(B) the director of a metropolitan planning organization
(or a designee); and
(C) the director of a regional, county, or city
transportation agency that is primarily responsible for
planning and approval of transportation projects (or a
designee).
(7) Transportation improvement program.--The term
``transportation improvement program'' has the meaning given
the term ``TIP'' in section 134(b) of title 23, United States
Code.
SEC. 34443. COMPLETE STREETS POLICY.
(a) Law or Policy.--Not later than October 1 of the fiscal
year that begins 2 years after the date of the enactment of
this Act each State and metropolitan planning organization
shall have in effect--
(1) in the case of a State--
(A) a law requiring that, beginning on the effective date
of the State law, all transportation projects in the State
shall accommodate the safety and convenience of all users in
accordance with complete streets principles; or
(B) an explicit State department of transportation policy
that, beginning on the effective date of the policy, all
transportation projects in the State shall accommodate the
safety and convenience of all users in accordance with
complete streets principles; and
(2) in the case of a metropolitan planning organization, an
explicit statement of policy that, beginning on the effective
date of the policy, all transportation projects under the
jurisdiction of the metropolitan planning organization shall
accommodate the safety and convenience of all users in
accordance with complete streets principles.
(b) Inclusions.--
(1) In general.--A law or policy described in subsection
(a) shall--
(A) apply to each federally funded project of each State
department of transportation or metropolitan planning
organization transportation improvement program;
(B) include a statement that each project under the
transportation improvement program makes streets or affected
rights-of-way accessible to the expected users of that
facility, of all ages and abilities, including pedestrians,
bicyclists, transit vehicles and users, freight vehicles, and
motorists;
(C) except as provided in paragraph (2), apply to new road
construction and road modification projects, including
design, planning, construction, reconstruction,
rehabilitation, maintenance, and operations, for the entire
right-of-way;
(D) indicate that improvements for the safe and convenient
travel by pedestrians or bicyclists of all ages and abilities
on or across streets shall be fully assessed, considered, and
documented as a routine element of pavement resurfacing
projects;
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(E) delineate a clear procedure by which transportation
improvement projects may be exempted from complying with
complete streets principles, which shall require--
(i) approval by the appropriate senior manager, in
accordance with subsection (d)(2); and
(ii) documentation, with supporting data, that indicates
the basis for such an exemption;
(F) comply with up-to-date design standards, particularly
standards relating to providing access for individuals with
disabilities;
(G) require that complete streets principles be applied in
due consideration of the urban, suburban, or rural context in
which a project is located;
(H) include a list of performance standards with measurable
outcomes to ensure that the transportation improvement
program adheres to complete streets principles; and
(I) direct agency staff to create an implementation plan.
(2) Exception.--A law or policy described in subsection (a)
shall not apply to a new road construction or modification
project for which, as of the effective date of the law or
policy, at least 30 percent of the design phase is completed.
(c) Exemption Requirements and Procedures.--A law or policy
described in subsection (a) shall allow for a project-
specific exemption from an applicable complete streets policy
if--
(1)(A) an affected roadway prohibits, by law, use of the
roadway by specified users, in which case a greater effort
shall be made to accommodate those specified users elsewhere,
including on roadways that cross or otherwise intersect with
the affected roadway;
(B) the cost to the exempted project in achieving
compliance with the applicable complete streets policy would
be excessively disproportionate (as defined in the 2001
Department of Transportation Guidance on Accommodating
Bicycle and Pedestrian Travel), as compared to the need or
probable use of a particular complete street; or
(C) the existing and planned population, employment
densities, traffic volumes, or level of transit service
around a particular roadway is so low, that the expected
users of the roadway will not include pedestrians, public
transportation, freight vehicles, or bicyclists; and
(2) the project-specific exemption is approved by--
(A) a senior manager of the metropolitan planning
organization that approved the transportation improvement
program containing the exempted project;
(B) a senior manager of the relevant State department of
transportation; or
(C) in the case of a project for which neither the
metropolitan planning organization nor the State department
of transportation is the agency with primary transportation
planning authority, a senior manager of the regional, county,
or city agency responsible for planning and approval of the
project.
(d) Integration.--Each State department of transportation
and metropolitan planning organization implementing a
complete streets policy shall incorporate complete streets
principles into all aspects of the transportation project
development, programming, and delivery process, including
project planning and identification, scoping procedures,
design approvals, design manuals, and performance measures.
(e) Reports.--
(1) In general.--Each State department of transportation
shall submit to the Secretary a report describing the
implementation by the State of measures to achieve compliance
with the requirements under this section, at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether
the applicable State has achieved compliance with the
requirements under this section.
SEC. 34444. CERTIFICATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
method of evaluating compliance by State departments of
transportation and metropolitan planning organizations with
the requirements of this part, including a requirement that
each State department of transportation and metropolitan
planning organization shall submit a report to the Secretary
that describes--
(1) each complete streets policy adopted by the State
department of transportation or metropolitan planning
organization;
(2) the means of implementation by the State department of
transportation or metropolitan planning organization of the
complete streets policy; and
(3) the process for providing an exemption, from the
requirements of the complete streets policy of the State
department of transportation or metropolitan planning
organization.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress that describes--
(1) the method established under subsection (a);
(2) the status of activities for adoption and
implementation by State departments of transportation and
metropolitan planning organizations of complete streets
policies;
(3) the tools and resources provided by the Secretary to
State departments of transportation and metropolitan planning
organizations to assist with that adoption and
implementation; and
(4) other measures carried out by the Secretary to
encourage the adoption of complete streets policies by local
jurisdictions.
SEC. 34445. ACCESSIBILITY STANDARDS.
(a) Final Standards.--Not later than 1 year after the date
of the 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.
(b) Temporary Standards.--During the period beginning on
the date of enactment of this Act and ending on the date on
which the Architectural and Transportation Barriers
Compliance Board promulgates final standards under subsection
(a), a State or metropolitan planning organization shall
apply to public rights-of-way--
(1) the proposed Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way of the Architectural
and Transportation Barriers Compliance Board dated July 26,
2011, and supplemented on February 13, 2013; or
(2) if the standards referred to in paragraph (1) do not
address, or are inapplicable to, an affected public right-of-
way, the revised draft guidelines for accessible public
rights-of-way of the Architectural and Transportation
Barriers Compliance Board dated November 23, 2005.
SEC. 34446. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION
ASSISTANCE.
(a) Research.--
(1) In general.--The Secretary shall conduct research
regarding complete streets to assist States, metropolitan
planning organizations, and local jurisdictions in
developing, adopting, and implementing plans, projects,
procedures, policies, and training programs that comply with
complete streets principles.
(2) Participation.--The Secretary shall solicit
participation in the research program under paragraph (1)
by--
(A) the American Association of State Highway and
Transportation Officials;
(B) the Institute of Transportation Engineers;
(C) the American Public Transportation Association;
(D) the American Planning Association;
(E) the National Association of Regional Councils;
(F) the Association of Metropolitan Planning Organizations;
(G) the Insurance Institute for Highway Safety;
(H) the American Society of Landscape Architects;
(I) representatives of transportation safety, disability,
motoring, bicycling, walking, transit user, aging, and air
quality organizations; and
(J) other affected communities.
(3) Requirements.--The research under paragraph (1) shall--
(A) be based on the applicable statement of complete
streets research needs of the Transportation Research Board,
as described in TR Circular E110; and
(B) seek to develop new areas of inquiry, in addition to
that statement.
(b) Benchmarks and Guidance.--
(1) In general.--The research conducted under subsection
(a) shall be designed to result in the establishment of
benchmarks and the provision of practical guidance on methods
of effectively implementing complete streets policies and
complete streets principles that will accommodate all users
along a facility or corridor, including vehicles,
pedestrians, bicyclists, and transit users.
(2) Focus.--The benchmarks and guidance under paragraph (1)
shall--
(A) focus on modifying scoping, design, and construction
procedures to more effectively combine particular methods of
use into integrated facilities that meet the needs of each
method in an appropriate balance; and
(B) indicate the expected operational and safety
performance of alternative approaches to facility design.
(c) Data Collection.--The Secretary shall collaborate with
the Bureau of Transportation Statistics, the Federal Transit
Administration, and appropriate committees of the
Transportation Research Board--
(1) to collect data regarding a baseline nonmotorized and
transit use survey to be integrated into the National
Household Travel Survey; and
(2) to develop a survey tool for use by State departments
of transportation in identifying the multimodal capacity of
State and local roadways.
(d) Technical Guidance.--
(1) Report.--Not later than 15 months after the date of the
enactment of this Act, the Secretary shall prepare and make
available, to all States, metropolitan planning
organizations, and local jurisdictions, a report that
describes the best practices by which transportation agencies
throughout the United States have implemented complete
streets principles in accordance with, or in anticipation of,
the requirements of this part.
(2) Topics for emphasis.--In preparing the report under
paragraph (1), the Secretary shall place particular emphasis
on--
(A) procedures for identifying the needs of users of all
ages and abilities of a particular roadway;
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(B) procedures for identifying the types and designs of
facilities needed to serve each class of users;
(C) safety and other benefits provided by the
implementation of complete streets principles;
(D) common barriers to the implementation of complete
streets principles;
(E) procedures for overcoming the most common barriers to
the implementation of complete streets principles;
(F) procedures for identifying the costs associated with
the implementation of complete streets principles;
(G) procedures for maximizing local cooperation in the
introduction and implementation of complete streets
principles; and
(H) procedures for assessing and modifying the facilities
and operational characteristics of existing roadways to
improve consistency with complete streets principles.
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