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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1780 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1780

    To ensure the safety of all users of the transportation system, 
   including pedestrians, bicyclists, transit users, children, older 
 individuals, and individuals with disabilities, as they travel on and 
             across federally funded streets and highways.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2011

 Ms. Matsui (for herself and Mr. LaTourette) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To ensure the safety of all users of the transportation system, 
   including pedestrians, bicyclists, transit users, children, older 
 individuals, and individuals with disabilities, as they travel on and 
             across federally funded streets and highways.

    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 ``Safe and Complete Streets Act of 
2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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;
                    (B) a roadway system for which funds are provided 
                under the equity bonus program under section 105 of 
                title 23, United States Code; and
                    (C) each bridge structure providing a connection 
                for such a roadway system.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (7) 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).
            (8) 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. 3. COMPLETE STREETS POLICY.

    (a) Law or Policy.--Not later than October 1 of 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) 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;
                    (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) directs 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 of 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 
        of this section.

SEC. 4. CERTIFICATION.

    (a) In General.--Not later than 1 year after 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 Act, including a 
requirement that each State department of transportation and 
metropolitan planning organization shall submit to the Secretary a 
report describing--
            (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 enactment of 
this Act, the Secretary shall submit to Congress a report describing--
            (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. 5. ACCESSIBILITY STANDARDS.

    (a) Final Standards.--Not later than 1 year after the date of 
enactment of this Act, the Architectural and Transportation Barriers 
Compliance Board established by 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 standards for accessible transportation facilities 
        contained in section 37.9 of title 49, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act); 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. 6. 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 
        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 Act.
            (2) Topics for emphasis.--In preparing the report under 
        paragraph (1), the Secretary shall place particular emphasis on 
        the following topics:
                    (A) Procedures for identifying the needs of users 
                of all ages and abilities of a particular roadway.
                    (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.
                    (H) Procedures for assessing and modifying the 
                facilities and operational characteristics of existing 
                roadways to improve consistency with complete streets 
                principles.
                                 <all>
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