I 

111TH CONGRESS 

1ST SESSION H. R. 1443 

To ensure that all users of the transportation system, including pedestrians, 

bicyclists, transit users, children, older individuals, and individuals with 

disabilities, are able to travel safely and conveniently on and across 

federally funded streets and highways. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Ms. MATSUI (for herself, Mrs. TAUSCHER, Mrs. MALONEY, and Mr. WU) introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To ensure that all users of the transportation system, including pedestrians, bicyclists, transit users, children, older 

individuals, and individuals with disabilities, are able to 

travel safely and conveniently on and across federally 

funded streets and highways. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Complete Streets Act 

5 of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


jbell on PROD1PC69 with BILLS
2 

•HR 1443 IH

1 (1) COMPLETE STREET.—The term ‘‘complete 

2 street’’ means a roadway that accommodates all 

3 travelers, particularly public transit users, bicyclists, 

4 pedestrians (including individuals of all ages and in5 dividuals with mobility, sensory, neurological, or hid6 den disabilities), and motorists, to enable all trav7 elers to use the roadway safely and efficiently. 

8 (2) COMPLETE STREETS POLICY; COMPLETE

9 STREETS PRINCIPLE.—The terms ‘‘complete streets 

10 policy’’ and ‘‘complete streets principle’’ mean a 

11 transportation law, policy, or principle at the local, 

12 State, regional, or Federal level that ensures— 

13 (A) the adequate accommodation, in all 

14 phases of project planning and development, of 

15 all users of the transportation system, including 

16 pedestrians, bicyclists, public transit users, chil17 dren, older individuals, motorists, and individ18 uals with disabilities; and 

19 (B) the consideration of the safety and 

20 convenience of all users in all phases of project 

21 planning and development. 

22 (3) LOCAL JURISDICTION.—The term ‘‘local ju23 risdiction’’ means any unit of local government. 

24 (4) METROPOLITAN PLANNING ORGANIZA25 TION.—The term ‘‘metropolitan planning organizaVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
3 

•HR 1443 IH

1 tion’’ has the meaning given the term in section 

2 134(b) of title 23, United States Code. 

3 (5) ROADWAY.—The term ‘‘roadway’’ means— 

4 (A) the defined Federal functional classi5 fication roadway system; 

6 (B) a roadway system for which funds are 

7 provided under the equity bonus program under 

8 section 105 of title 23, United States Code; and 

9 (C) each bridge structure providing a con10 nection for such a roadway system. 

11 (6) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Transportation. 

13 (7) SENIOR MANAGER.—The term ‘‘senior man14 ager’’ means— 

15 (A) the director of a State department of 

16 transportation (or a designee); 

17 (B) the director of a metropolitan planning 

18 organization (or a designee); and 

19 (C) the director of a regional, county, or 

20 city transportation agency that is primarily re21 sponsible for planning and approval of trans22 portation projects (or a designee). 

23 (8) TRANSPORTATION IMPROVEMENT PRO24 GRAM.—The term ‘‘transportation improvement proVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
4 

•HR 1443 IH

1 gram’’ has the meaning given the term ‘‘TIP’’ in 

2 section 134(b) of title 23, United States Code. 

3 SEC. 3. COMPLETE STREETS POLICY REQUIREMENT. 

4 (a) LAW OR POLICY.—Not later than October 1 of 

5 the fiscal year that begins 2 years after the date of enact6 ment of this Act each State and metropolitan planning 

7 organization shall have in effect— 

8 (1) in the case of a State— 

9 (A) a law requiring that, beginning on the 

10 effective date of the State law, all transpor11 tation projects in the State shall accommodate 

12 the safety and convenience of all users in ac13 cordance with complete streets principles; or 

14 (B) an explicit State department of trans15 portation policy that, beginning on the effective 

16 date of the policy, all transportation projects in 

17 the State shall accommodate the safety and 

18 convenience of all users in accordance with com19 plete streets principles; and 

20 (2) in the case of a metropolitan planning orga21 nization, an explicit statement of policy that, begin22 ning on the effective date of the policy, all transpor23 tation projects under the jurisdiction of the metro24 politan planning organization shall accommodate the 


jbell on PROD1PC69 with BILLS
5 

•HR 1443 IH

1 safety and convenience of all users in accordance 

2 with complete streets principles. 

3 (b) INCLUSIONS.— 

4 (1) IN GENERAL.—A law or policy described in 

5 subsection (a) shall— 

6 (A) apply to each federally funded project 

7 of each State department of transportation or 

8 metropolitan planning organization transpor9 tation improvement program; 

10 (B) include a statement that each project 

11 under the transportation improvement program 

12 makes streets or affected rights-of-way acces13 sible to users of all ages and abilities, including 

14 pedestrians, bicyclists, transit vehicles and 

15 users, and motorists; 

16 (C) except as provided in paragraph (2), 

17 apply to new road construction and road modi18 fication projects, including design, planning, 

19 construction, reconstruction, rehabilitation, 

20 maintenance, and operations, for the entire 

21 right-of-way; 

22 (D) indicate that improvements for the 

23 safe and convenient travel by pedestrians or 

24 bicyclists on or across streets shall be fully asVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
6 

•HR 1443 IH

1 sessed, considered, and documented as a rou2 tine element of pavement resurfacing projects; 

3 (E) delineate a clear procedure by which 

4 transportation improvement projects may be ex5 empted from complying with complete streets 

6 principles, which shall require— 

7 (i) approval by the appropriate senior 

8 manager, in accordance with subsection 

9 (d)(2); and 

10 (ii) documentation, with supporting 

11 data, that indicates the basis for such an 

12 exemption; 

13 (F) comply with up-to-date design stand14 ards, particularly standards relating to pro15 viding access for individuals with disabilities; 

16 (G) require that complete streets principles 

17 be applied in due consideration of the urban, 

18 suburban, or rural context in which a project is 

19 located; and 

20 (H) include a list of performance stand21 ards with measurable outcomes to ensure that 

22 the transportation improvement program ad23 heres to complete streets principles. 

24 (2) EXCEPTION.—A law or policy described in 

25 subsection (a) shall not apply to a new road conVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
7 

•HR 1443 IH

1 struction or modification project for which, as of the 

2 effective date of the law or policy, at least 30 per3 cent of the design phase is completed. 

4 (c) PROMOTION.—Each State department of trans5 portation and metropolitan planning organization shall 

6 promote the development of complete streets policies in 

7 applicable local jurisdictions. 

8 (d) EXEMPTION REQUIREMENTS AND PROCE9 DURES.—A law or policy described in subsection (a) shall 

10 allow for a project-specific exemption from an applicable 

11 complete streets policy only if— 

12 (1)(A) an affected roadway prohibits, by law, 

13 use of the roadway by specified users, in which case 

14 a greater effort shall be made to accommodate those 

15 specified users elsewhere, including on roadways that 

16 cross or otherwise intersect with the affected road17 way; 

18 (B) the cost to the exempted project in achiev19 ing compliance with the applicable complete streets 

20 policy would be excessively disproportionate (as de21 fined in the 2001 Department of Transportation 

22 Guidance on Accommodating Bicycle and Pedestrian 

23 Travel), as compared to the need or probable use of 

24 a particular complete street; or 


jbell on PROD1PC69 with BILLS
8 

•HR 1443 IH

1 (C) the existing and planned population and 

2 employment densities or level of transit service 

3 around a particular roadway is so low, as deter4 mined by the Secretary, that there is a documented 

5 absence of a need to implement the applicable com6 plete streets policy; and 

7 (2) the project-specific exemption is approved 

8 by— 

9 (A) a senior manager of the metropolitan 

10 planning organization that approved the trans11 portation improvement program containing the 

12 exempted project; 

13 (B) a senior manager of the relevant State 

14 department of transportation; or 

15 (C) in the case of a project for which nei16 ther the metropolitan planning organization nor 

17 the State department of transportation is the 

18 agency with primary transportation planning 

19 authority, a senior manager of the regional, 

20 county, or city agency responsible for planning 

21 and approval of the project. 

22 (e) INTEGRATION.—Each State department of trans23 portation and metropolitan planning organization imple24 menting a complete streets policy shall incorporate com25 plete streets principles into all aspects of the transporVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
9 

•HR 1443 IH

1 tation project development, programming, and delivery 

2 process, including project planning and identification, 

3 scoping procedures, design approvals, design manuals, and 

4 performance measures. 

5 (f) REPORTS.— 

6 (1) IN GENERAL.—Each State department of 

7 transportation shall submit to the Secretary a report 

8 describing the implementation by the State of meas9 ures to achieve compliance with the requirements of 

10 this section, at such time, in such manner, and con11 taining such information as the Secretary may re12 quire. 

13 (2) DETERMINATION BY SECRETARY.—On re14 ceipt of a report under paragraph (1), the Secretary 

15 shall determine whether the applicable State has 

16 achieved compliance with the requirements of this 

17 section. 

18 SEC. 4. USER ACCESS AND CONSIDERATION. 

19 Section 217 of title 23, United States Code, is 

20 amended by striking subsection (g) and inserting the fol21 lowing: 

22 ‘‘(g) PLANNING AND DESIGN.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (4), 

24 all users shall be given due consideration in each 

25 comprehensive transportation plan developed by a 


jbell on PROD1PC69 with BILLS
10 

•HR 1443 IH

1 metropolitan planning organization or a State in ac2 cordance with section 134 or 135, respectively. 

3 ‘‘(2) ACCESS FOR ALL USERS.—Subject to 

4 paragraph (4), each project for new construction or 

5 reconstruction of a transportation facility shall in6 clude consideration of appropriate bicycle transpor7 tation facilities, pedestrian walkways, and safe ac8 cess to existing and planned public transportation, 

9 except in any case in which bicycle or pedestrian use 

10 is not permitted. 

11 ‘‘(3) SAFETY CONSIDERATIONS.—Subject to 

12 paragraph (4), each transportation plan and project 

13 shall provide due consideration for safety and contig14 uous routes for all users, including— 

15 ‘‘(A) safe access to transit stops and facili16 ties; and 

17 ‘‘(B) the installation, where appropriate, 

18 and maintenance of audible traffic signals and 

19 signs at street crossings. 

20 ‘‘(4) EXEMPTIONS.—A transportation plan or 

21 project may receive an exemption from an applicable 

22 requirement under paragraph (1), (2), or (3) only 

23 if— 

24 ‘‘(A)(i) a roadway affected by the transpor25 tation plan or project prohibits, by law, use of 


jbell on PROD1PC69 with BILLS
11 

•HR 1443 IH

1 the roadway by specified users, in which case a 

2 greater effort shall be made to accommodate 

3 those specified users elsewhere, including on 

4 roadways that cross or otherwise intersect with 

5 the affected roadway; 

6 ‘‘(ii) the cost to the exempted transpor7 tation plan or project in achieving compliance 

8 with the requirement would be excessively dis9 proportionate (as defined in the 2001 Depart10 ment of Transportation Guidance on Accommo11 dating Bicycle and Pedestrian Travel), as com12 pared to the need or probable use of a roadway 

13 affected by the transportation plan or project; 

14 or 

15 ‘‘(iii) the existing and planned population 

16 and employment densities or level of transit 

17 service around a particular roadway affected by 

18 the transportation plan or project is so low, as 

19 determined by the Secretary, that there is a 

20 documented absence of a need to implement the 

21 applicable requirement; and 

22 ‘‘(B) the exemption is approved by— 

23 ‘‘(i) a senior manager of the metro24 politan planning organization that ap25 proved the transportation plan or project; 


jbell on PROD1PC69 with BILLS
12 

•HR 1443 IH

1 ‘‘(ii) a senior manager of the relevant 

2 State department of transportation; or 

3 ‘‘(iii) in the case of a transportation 

4 plan or project for which neither the met5 ropolitan planning organization nor the 

6 State department of transportation is the 

7 agency with primary transportation plan8 ning authority, a senior manager of the re9 gional, county, or city agency responsible 

10 for planning and approval of the transpor11 tation plan or project.’’. 

12 SEC. 5. CERTIFICATION AND COMPLIANCE. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall establish 

15 a method of ensuring compliance by State departments of 

16 transportation and metropolitan planning organizations 

17 with the requirements of this Act, including a requirement 

18 that each State department of transportation and metro19 politan planning organization shall submit to the Sec20 retary a report describing— 

21 (1) each complete streets policy adopted by the 

22 State department of transportation or metropolitan 

23 planning organization; 


jbell on PROD1PC69 with BILLS
13 

•HR 1443 IH

1 (2) the means of implementation by the State 

2 department of transportation or metropolitan plan3 ning organization of the complete streets policy; and 

4 (3) any exemptions provided, and the process 

5 for providing an exemption, from the requirements 

6 of the complete streets policy of the State depart7 ment of transportation or metropolitan planning or8 ganization. 

9 (b) REPORT.—Not later than 3 years after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 Congress a report describing— 

12 (1) the method established under subsection 

13 (a); 

14 (2) the status of activities for adoption and im15 plementation by State departments of transportation 

16 and metropolitan planning organizations of complete 

17 streets policies; 

18 (3) the tools and resources provided by the Sec19 retary to State departments of transportation and 

20 metropolitan planning organizations to assist with 

21 that adoption and implementation; and 

22 (4) other measures carried out by the Secretary 

23 to encourage the adoption of complete streets poli24 cies by local jurisdictions. 

25 (c) PROJECT CERTIFICATION.— 


jbell on PROD1PC69 with BILLS
14 

•HR 1443 IH

1 (1) IN GENERAL.—Except as provided in para2 graph (2), each State shall require that each agency 

3 with primary design, construction, or financial re4 sponsibility for a federally funded project located 

5 within the jurisdiction of a transportation improve6 ment program of the State shall— 

7 (A) review the project at the final design 

8 stage to ensure incorporation in the project of 

9 each applicable complete streets policy described 

10 in section 3; and 

11 (B) not later than 1 year after the date on 

12 which the project is opened for public use, sub13 mit to the State a certification that the project 

14 achieves compliance with each applicable com15 plete streets policy. 

16 (2) EXCEPTIONS.—A State may provide an ex17 ception to the requirements of paragraph (1) for a 

18 project the cost of which is less than an amount to 

19 be determined by the Secretary, by regulation. 

20 (3) SUBSEQUENT CERTIFICATIONS.—During 

21 the period beginning on the date of submission of 

22 the initial certification under paragraph (1) and end23 ing on the date on which construction of the applica24 ble project is completed, when the project undergoes 

25 a substantial design change, as determined by the 


jbell on PROD1PC69 with BILLS
15 

•HR 1443 IH

1 Secretary, each agency described in paragraph (1) 

2 shall submit to the State a recertification that the 

3 project is in compliance with each applicable com4 plete streets policy. 

5 SEC. 6. SAFETY FUNDING IN NONCOMPLIANT STATES. 

6 (a) DEFINITION OF NONCOMPLIANT STATE.—In this 

7 section, the term ‘‘noncompliant State’’ means a State 

8 that fails to achieve compliance with the requirements of 

9 section 3 by the date described in that section. 

10 (b) REQUIREMENT.—Of the funds apportioned to a 

11 noncompliant State under section 104(b)(3) of title 23, 

12 United States Code, for the applicable fiscal year, the non13 compliant State shall use to carry out a highway safety 

14 program under section 402 of title 23, United States 

15 Code— 

16 (1) 1 percent for the first fiscal year of non17 compliance; 

18 (2) 2 percent for the second fiscal year of non19 compliance; and 

20 (3) 3 percent for the third fiscal year of non21 compliance and each fiscal year thereafter until the 

22 noncompliant State achieves compliance with the re23 quirements of section 3. 


jbell on PROD1PC69 with BILLS
16 

•HR 1443 IH

1 SEC. 7. ACCESSIBILITY STANDARDS. 

2 (a) FINAL STANDARDS.—Not later than 1 year after 

3 the date of enactment of this Act, the Architectural and 

4 Transportation Barriers Compliance Board established by 

5 section 502(a)(1) of the Rehabilitation Act of 1973 (29 

6 U.S.C. 792(a)(1)) shall promulgate final standards for ac7 cessibility of new construction and alteration of pedestrian 

8 facilities for public rights-of-way. 

9 (b) TEMPORARY STANDARDS.—During the period be10 ginning on the date of enactment of this Act and ending 

11 on the date on which the Architectural and Transportation 

12 Barriers Compliance Board promulgates final standards 

13 under subsection (a), a State or metropolitan planning or14 ganization shall apply to public rights-of-way— 

15 (1) the standards for accessible transportation 

16 facilities contained in section 37.9 of title 49, Code 

17 of Federal Regulations (as in effect on the date of 

18 enactment of this Act); or 

19 (2) if the standards referred to in paragraph 

20 (1) do not address, or are inapplicable to, an af21 fected public right-of-way, the revised draft guide22 lines for accessible public rights-of-way of the Archi23 tectural and Transportation Barriers Compliance 

24 Board dated November 23, 2005. 


jbell on PROD1PC69 with BILLS
17 

•HR 1443 IH

1 SEC. 8. RESEARCH, TECHNICAL GUIDANCE, AND IMPLE2 MENTATION ASSISTANCE. 

3 (a) RESEARCH.— 

4 (1) IN GENERAL.—The Secretary shall conduct 

5 research regarding complete streets to assist States, 

6 metropolitan planning organizations, and local juris7 dictions in developing, adopting, and implementing 

8 plans, projects, procedures, policies, and training 

9 programs that comply with complete streets prin10 ciples. 

11 (2) PARTICIPATION.—The Secretary shall solicit 

12 participation in the research program under para13 graph (1) by— 

14 (A) the American Association of State 

15 Highway and Transportation Officials; 

16 (B) the Institute of Transportation Engi17 neers; 

18 (C) the American Public Transportation 

19 Association; 

20 (D) the American Planning Association; 

21 (E) the National Association of Regional 

22 Councils; 

23 (F) the Association of Metropolitan Plan24 ning Organizations; 


jbell on PROD1PC69 with BILLS
18 

•HR 1443 IH

1 (G) representatives of disability, motoring, 

2 bicycling, walking, transit user, aging, and air 

3 quality organizations; and 

4 (H) other affected communities. 

5 (3) REQUIREMENTS.—The research under para6 graph (1) shall— 

7 (A) be based on the applicable statement 

8 of complete streets research needs of the Trans9 portation Research Board, as described in TR 

10 Circular E110; and 

11 (B) seek to develop new areas of inquiry, 

12 in addition to that statement. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to the Sec15 retary $2,000,000 for each applicable fiscal year to 

16 carry out this subsection. 

17 (b) BENCHMARKS AND GUIDANCE.— 

18 (1) IN GENERAL.—The research conducted 

19 under subsection (a) shall be designed to result in 

20 the establishment of benchmarks and the provision 

21 of practical guidance on methods of effectively im22 plementing complete streets policies and complete 

23 streets principles that will accommodate all users 

24 along a facility or corridor, including vehicles, pedes25 trians, bicyclists, and transit users. 


jbell on PROD1PC69 with BILLS
19 

•HR 1443 IH

1 (2) FOCUS.—The benchmarks and guidance 

2 under paragraph (1) shall— 

3 (A) focus on modifying scoping, design, 

4 and construction procedures to more effectively 

5 combine particular methods of use into inte6 grated facilities that meet the needs of each 

7 method in an appropriate balance; and 

8 (B) indicate the expected operational and 

9 safety performance of alternative approaches to 

10 facility design. 

11 (c) TECHNICAL GUIDANCE.— 

12 (1) REPORT.—Not later than 15 months after 

13 the date of enactment of this Act, the Secretary 

14 shall prepare and make available to all States, met15 ropolitan planning organizations, and local jurisdic16 tions a report that describes the best practices by 

17 which transportation agencies throughout the United 

18 States have implemented complete streets principles 

19 in accordance with, or in anticipation of, the require20 ments of this Act. 

21 (2) TOPICS FOR EMPHASIS.—In preparing the 

22 report under paragraph (1), the Secretary shall 

23 place particular emphasis on the following topics: 


jbell on PROD1PC69 with BILLS
20 

•HR 1443 IH

1 (A) Procedures for identifying the needs of 

2 users of all ages and abilities of a particular 

3 roadway. 

4 (B) Procedures for identifying the types 

5 and designs of facilities needed to serve each 

6 class of users. 

7 (C) Benefits provided by the implementa8 tion of complete streets principles. 

9 (D) Common barriers to the implementa10 tion of complete streets principles. 

11 (E) Procedures for overcoming the most 

12 common barriers to the implementation of com13 plete streets principles. 

14 (F) Procedures for identifying the costs as15 sociated with the implementation of complete 

16 streets principles. 

17 (G) Procedures for maximizing local co18 operation in the introduction and implementa19 tion of complete streets principles. 

20 (H) Procedures for assessing and modi21 fying the facilities and operational characteris22 tics of existing roadways to improve consistency 

23 with complete streets principles. 

24 (d) DATA COLLECTION.—In addition to preparing 

25 the report under subsection (c), the Secretary shall colVerDate Nov 24 2008 03:16 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1443.IH H1443

jbell on PROD1PC69 with BILLS
21 

•HR 1443 IH

1 laborate with the Bureau of Transportation Statistics, the 

2 Federal Transit Administration, and appropriate commit3 tees of the Transportation Research Board— 

4 (1) to collect data regarding a baseline non5 motorized and transit use survey to be integrated 

6 into the National Household Travel Survey; and 

7 (2) to develop a survey tool for use by State de8 partments of transportation in identifying the 

9 multimodal capacity of State and local roadways. 

Æ 


jbell on PROD1PC69 with BILLS