[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7082 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7082
To require States to establish complete streets programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2024
Mr. Cohen (for himself and Mr. Auchincloss) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
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.''.
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