To implement a safe and complete streets program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Complete Streets Act of 
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) While the Federal highway program has helped achieve 
        its original goal of providing for fast and convenient 
        automobile travel, the national transportation system needs to 
        provide better service to those who take public transit, ride 
        bicycles, or travel on foot or with mobility aids.
            (2) Initiatives to promote sustainable and modern 
        transportation choices like public transit, bicycling, and 
        walking have had limited success because many State and local 
        transportation agencies have treated these modes as optional 
        amenities, instead of as integral parts of the national highway 
        programs.
            (3) Many new and improved streets across the United States, 
        particularly in developing areas, do not provide to all users 
        the safe and equitable access to public rights-of-way.
            (4) The official design guidance from the Federal Highway 
        Administration titled ``Accommodating Bicycle and Pedestrian 
        Travel: A Recommended Approach'' states that, ``the resulting 
        highway environment discourages bicycling and walking and has 
        made the two modes more dangerous. Further, the ability of 
        pedestrians with disabilities to travel independently and 
        safely has been compromised.''.
            (5) One-third of the population is either unable to or 
        chooses not to drive due to age, medical condition, ability, 
        lifestyle, legal status, or other factors.
            (6) More than 1 in 5 Americans over age 65 do not drive, 
        more than 50 million Americans have a disability of some kind, 
        and in different times of his or her life virtually every 
        American will suffer from a mobility impairment of some kind.
            (7) The full integration of all modes in the design of 
        streets and highways will increase the capacity and efficiency 
        of the road network, reduce traffic congestion by improving 
        mobility options, clean the air, limit greenhouse gas 
        emissions, and improve the general quality of life.
            (8) Requiring accommodation of the needs of nonmotorized 
        users will eliminate hazards and improve safety for pedestrians 
        and cyclists, who now make up more than 12 percent of all 
        traffic fatalities.
            (9) Improving the road network will allow more disabled 
        people to gain a higher level of independence through the use 
        of standard transit services, easing the economic burden on 
        transit systems which must provide paratransit options at great 
        cost.
            (10) Public health officials across the country have called 
        for the construction of more bicycle and pedestrian facilities 
        as an important tool in fighting the obesity epidemic.
            (11) The Energy Independence and Security Act of 2007 
        explicitly supports the implementation of a complete streets 
        policy.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Secretary'' means the Secretary of 
        Transportation.
            (2) The term ``complete streets'' means roadways that 
        accommodate all travelers, particularly users of public 
        transit, bicyclists, pedestrians (including individuals of all 
        ages as well as individuals with mobility, sensory, 
        neurological, or hidden disabilities), and motorists to enable 
        all users to use the roadway safely and efficiently.
            (3) The terms ``complete streets policy'' and ``complete 
        streets principles'' refer to transportation laws, policies, or 
        principles at the local, State, regional, or Federal level 
        which ensure--
                    (A) all users of the transportation system, 
                including pedestrians, bicyclists, and transit users as 
                well as children, older people, motorists, and those 
                with disabilities, are adequately accommodated in all 
                phases of project planning and development; and
                    (B) that the safety and convenience of all users 
                are considered in all phases of project planning and 
                development.
            (4) The term ``transportation improvement program'' has the 
        same meaning such term has in section 134 of title 23, United 
        States Code.
            (5) The term ``metropolitan planning organization'' has the 
        same meaning such term has in section 134(b) of such title.
            (6) 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; or
                    (C) the director of a regional or county 
                transportation agency if such agency is primarily 
                responsible for planning and approval of transportation 
                projects, or a designee.

SEC. 4. COMPLETE STREETS POLICY REQUIREMENT.

    (a) Law or Policy.--Beginning with the fiscal year that begins 2 
years after the date of enactment of this Act, each State and 
metropolitan planning organization shall have in effect--
            (1) in the case of a State, a law requiring that all 
        transportation projects shall, from the date of enactment of 
        the State law, accommodate the safety and convenience of all 
        users in accordance with complete streets principles; or
            (2) an explicit statement of policy of the State department 
        of transportation or metropolitan planning organization that 
        all transportation projects shall, from the date of enactment 
        of the State department of transportation or metropolitan 
        planning organization policy, accommodate the safety and 
        convenience of all users in accordance with complete streets 
        principles.
    (b) Provisions Included.--The law or policy described in subsection 
(a) shall--
            (1) apply to each federally funded project of each 
        transportation improvement program;
            (2) include a statement that every project of the 
        transportation improvement program makes roads accessible to 
        users of all ages and abilities of right-of-way pedestrians, 
        which may include bicyclists, transit vehicles and users, and 
        motorists;
            (3) apply to new road construction and road improvement 
        projects, including design, planning, construction, 
        reconstruction, rehabilitation, maintenance, or operations, for 
        the entire right-of-way;
            (4) indicate that new accommodation should be made in 
        pavement resurfacing projects where bicycling and walking areas 
        can be added within the scope of the original roadwork;
            (5) delineate a clear procedure by which transportation 
        projects may be exempted from complying with complete streets 
        principles, which shall require approval by a senior manager 
        and documentation, with supporting data, that indicates the 
        basis for exemption;
            (6) comply with up-to-date design standards, particularly 
        as they relate to providing access for persons with 
        disabilities;
            (7) require that complete streets principles be applied so 
        that projects undertaken in accordance with these principles 
        fit within the context of the community for which the 
        transportation improvement program is intended; and
            (8) include a list of performance standards with measurable 
        outcomes to ensure that the transportation improvement program 
        adheres to complete streets principles.
    (c) Exemption Requirements and Procedures.--The law or policy 
described in this section shall allow for exemptions from complete 
streets policy only if--
            (1)(A) affected roadways prohibit by law specified users 
        from using them, in which case a greater effort shall be made 
        to accommodate these specified users elsewhere;
            (B) the cost for a particular project in complying with 
        complete streets principles would be excessively 
        disproportionate to the need or probable use of that particular 
        complete street; or
            (C) the existing and planned population and employment 
        densities or level of transit service around a particular 
        roadway is low enough that there is a documented absence of a 
        need to implement certain complete streets principles; and
            (2) all project-specific exemptions are approved by 
        either--
                    (A) a senior manager of the metropolitan planning 
                organization which approved the transportation 
                improvement program containing the exempted project;
                    (B) a senior manager of the 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 or county agency responsible for planning 
                and approval of the proposed project to be exempted.
    (d) Integration.--Each State department of transportation or 
metropolitan planning organization implementing a complete streets 
policy shall incorporate complete streets principles into all aspects 
of the transportation project development process, including project 
identification, scoping procedures, design approvals, design manuals, 
and performance measures.

SEC. 5. CERTIFICATION.

    (a) Project Certification.--Each State shall require every agency 
that has primary design, construction, or financial responsibility for 
a project located within the approved transportation improvement 
program to review and certify that each such project incorporates 
complete streets principles set forth in section 4.
    (b) Subsequent Certifications.--After the initial certification 
under subsection (a), the responsible agency described in such 
subsection shall recertify annually until final construction is 
completed that federally funded projects remain in compliance with the 
requirements of section 4.

SEC. 6. ACCESSIBILITY STANDARDS.

    (a) Issuance of Standards.--Not later than 12 months after the date 
of enactment of this Act, the United States Access Board (originally 
established by section 502 of the Rehabilitation Act (29 U.S.C. 792)) 
shall issue final standards for accessibility of new construction and 
alterations of pedestrian facilities for public rights-of-way.
    (b) Temporary Standards.--Until the United States Access Board 
issues final public right-of-way accessibility standards as required by 
this section, a State or metropolitan planning organization shall apply 
the existing Department of Transportation Standards for Accessible 
Transportation Facilities in section 37.9 of title 49, Code of Federal 
Regulations, but to the extent that such standards do not address or 
are inapplicable to public rights-of-way, the 2005 Revised Draft 
Guidelines for Accessible Public Rights-of-Way issued by the United 
States Access Board shall apply.

SEC. 7. TECHNICAL GUIDANCE.

    (a) Report Required.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall make available to all State 
and local transportation agencies a report of best practices describing 
how transportation agencies across the country have implemented 
complete streets principles in accordance with the requirements of this 
Act.
    (b) Report Contents.--In preparing the report under subsection (a), 
the Secretary shall place particular emphasis on the following topics:
            (1) Procedures for identifying the needs of users of all 
        ages and abilities for a given roadway.
            (2) Procedures for identifying the types and designs of 
        facilities needed to serve each of these classes of users.
            (3) Benefits provided by complete streets principles 
        implementation.
            (4) Common barriers to implementation of complete streets 
        principles.
            (5) Procedures for overcoming these most common barriers to 
        implementing complete streets principles.
            (6) Procedures for identifying costs associated with 
        implementing complete streets principles.
            (7) Procedures for maximizing local cooperation in the 
        implementation and introduction of complete streets principles.
            (8) Procedures for assessing and modifying the facilities 
        and operational characteristics of existing roadways to improve 
        their consistency with complete streets principles.

Summary: Safe and Complete Streets Act of 2008 - Requires each state to have in effect within two years a law, or each state department of transportation or metropolitan planning organization an explicit policy statement, that requires all federally-funded transportation projects to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines complete streets principles as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, and transit users as well as children, older people, motorists, and those with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population and employment densities or level of transit service around a roadway is low enough that there is no need to implement such principles. And (2) all project-specific exemptions are properly approved. Requires states to ensure that every agency responsible for a project within an approved transportation improvement program reviews and certifies that the project incorporates complete streets principles. Requires the US Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way.