I 

117TH CONGRESS 

1ST SESSION H. R. 1289 

To require States to establish complete streets programs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2021 

Mr. COHEN (for himself, Mr. ESPAILLAT, and Mr. GALLEGO) 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. 

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 2021’’. 

6 SEC. 2. COMPLETE STREETS PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

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

9 street’’ means a public road that provides safe and 

10 accessible options for multiple travel modes for peoVerDate Sep 11 2014 02:25 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1289.IH H1289

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1 ple of all ages and abilities, including modes such as 

2 walking, cycling, transit, automobiles, and freight. 

3 (2) COMPLETE STREETS POLICY.—The term 

4 ‘‘complete streets policy’’ means a complete streets 

5 policy adopted by an eligible entity under subsection 

6 (d)(1). 

7 (3) COMPLETE STREETS PRINCIPLE.—The term 

8 ‘‘complete streets principle’’ means a principle at the 

9 local, State, or regional level that ensures— 

10 (A) the safe and adequate accommodation, 

11 in all phases of project planning and develop12 ment, of all users of the transportation system, 

13 including pedestrians, bicyclists, public transit 

14 users, children, older individuals, individuals 

15 with disabilities, motorists, and freight vehicles; 

16 and 

17 (B) the consideration of the safety and 

18 convenience of all users of the transportation 

19 system in all phases of project planning and de20 velopment. 

21 (4) COMPLETE STREETS PRIORITIZATION

22 PLAN.—The term ‘‘complete streets prioritization 

23 plan’’ means a complete streets prioritization plan 

24 developed by an eligible entity under subsection 

25 (f)(1). 


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1 (5) COMPLETE STREETS PROGRAM.—The term 

2 ‘‘complete streets program’’ means a complete 

3 streets program established by a State under sub4 section (b)(1). 

5 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a unit of local government; 

8 (B) a regional planning organization; 

9 (C) a metropolitan planning organization; 

10 (D) a transit agency; 

11 (E) a natural resource or public land agen12 cy; 

13 (F) a Tribal government; 

14 (G) a nonprofit entity responsible for the 

15 administration of local transportation safety 

16 programs; or 

17 (H) any other local or regional govern18 mental entity, other than a State agency, with 

19 responsibility for or oversight of transportation 

20 or recreational trails that the State in which the 

21 project will occur determines to be eligible, con22 sistent with the goals of this section. 

23 (7) METROPOLITAN PLANNING ORGANIZA24 TION.—The term ‘‘metropolitan planning organizaVerDate Sep 11 2014 02:25 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1289.IH H1289

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1 tion’’ means a metropolitan planning organization 

2 designated under— 

3 (A) section 134 of title 23, United States 

4 Code; or 

5 (B) section 5303 of title 49, United States 

6 Code. 

7 (8) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Transportation. 

9 (b) ESTABLISHMENT.— 

10 (1) IN GENERAL.—Not later than October 1 of 

11 the second full fiscal year after the date of enact12 ment of this Act, each State shall establish a pro13 gram for a competitive process for an eligible entity 

14 to seek— 

15 (A) technical assistance for a project to de16 sign and construct a project included in the 

17 complete streets prioritization plan of the eligi18 ble entity under subsection (f)(5); and 

19 (B) grants for the design and construction 

20 of complete streets under subsection (g). 

21 (2) FUNDING.—Not later than October 1 of the 

22 third full fiscal year that begins after the date of en23 actment of this Act, each State shall begin to pro24 vide grants for the design and construction of com25 plete streets under subsection (g)(1). 


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1 (3) GOALS.—The goals of a complete streets 

2 program are— 

3 (A) to provide technical assistance and in4 centives for the adoption of complete streets 

5 policies; 

6 (B) to encourage eligible entities to adopt 

7 a strategic and comprehensive approach for the 

8 development of complete streets; 

9 (C) to facilitate better pedestrian, bicycle, 

10 and public transit travel for users of all ages 

11 and abilities by addressing critical gaps in pe12 destrian, bicycle, and public transit infrastruc13 ture; 

14 (D) to distribute funding to reward eligible 

15 entities that have committed to adopting com16 plete streets benchmarks developed by the Sec17 retary under subsection (c); and 

18 (E) to ensure that underserved municipali19 ties, neighborhoods, and people, including low20 income people and communities of color, are 

21 served equitably by the complete streets pro22 gram. 

23 (c) COMPLETE STREETS BENCHMARKS AND GUID24 ANCE.— 


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1 (1) IN GENERAL.—Not later than 450 days 

2 after the date of enactment of this Act, the Sec3 retary shall develop and make available to States 

4 and eligible entities benchmarks and guidance by 

5 which— 

6 (A) States can carry out complete streets 

7 programs; 

8 (B) eligible entities can carry out complete 

9 streets policies and complete streets principles; 

10 and 

11 (C) eligible entities can evaluate the effec12 tiveness of complete streets projects. 

13 (2) FOCUS.—The benchmarks and guidance de14 veloped and made available under paragraph (1) 

15 shall— 

16 (A) be designed to result in the establish17 ment of methods of effectively carrying out a 

18 complete streets policy, a complete streets pro19 gram, and complete streets principles, as appli20 cable; 

21 (B) focus on modifying scoping, design, 

22 and construction procedures to more effectively 

23 combine modes of transportation into integrated 

24 facilities that meet the needs of each of those 


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1 modes of transportation in an appropriate bal2 ance; and 

3 (C) indicate the expected operational and 

4 safety performance of alternative approaches to 

5 facility design. 

6 (3) TOPICS OF EMPHASIS.—In developing the 

7 benchmarks and guidance under paragraph (1), the 

8 Secretary shall emphasize— 

9 (A) procedures for identifying the needs of 

10 users of all ages and abilities of a particular 

11 roadway; 

12 (B) procedures for identifying the types 

13 and designs of facilities needed to serve each 

14 class of users; 

15 (C) safety and other benefits provided by 

16 carrying out complete streets principles; 

17 (D) common barriers to carrying out com18 plete streets principles; 

19 (E) procedures for overcoming the most 

20 common barriers to carrying out complete 

21 streets principles; 

22 (F) procedures for identifying the costs as23 sociated with carrying out complete streets 

24 principles; 


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1 (G) procedures for maximizing local co2 operation in the introduction of complete streets 

3 principles and carrying out those principles; and 

4 (H) procedures for assessing and modi5 fying the facilities and operational characteris6 tics of existing roadways to improve consistency 

7 with complete streets principles. 

8 (4) PUBLIC REVIEW AND COMMENT.—The com9 plete streets benchmarks and guidance developed 

10 and made available under paragraph (1) shall be 

11 subject to a period of public review and comment. 

12 (d) COMPLETE STREETS POLICIES.— 

13 (1) IN GENERAL.—An eligible entity seeking 

14 technical assistance or funds from a complete streets 

15 program shall adopt a complete streets policy using 

16 complete streets principles and approved by— 

17 (A) the State of the eligible entity; or 

18 (B) a metropolitan planning organization 

19 that serves an area under the jurisdiction of the 

20 eligible entity, subject to the condition that the 

21 metropolitan planning organization and the 

22 State execute an agreement— 

23 (i) under which the State agrees— 


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1 (I) to delegate policy approval 

2 authority to the metropolitan planning 

3 organization; and 

4 (II) to provide funding to the 

5 metropolitan planning organization 

6 for all reasonable costs related to re7 view of a complete streets policy; and 

8 (ii) that establishes guidelines for ap9 proval of a complete streets policy as re10 quired under subsection (e)(2). 

11 (2) GUIDANCE.—Not later than October 1 of 

12 the first full fiscal year that begins after the date of 

13 enactment of this Act, the Secretary shall provide 

14 guidance to States and metropolitan planning orga15 nizations for review of complete streets policies 

16 under this Act. 

17 (3) REQUIREMENTS.—A complete streets policy 

18 of an eligible entity shall— 

19 (A) include a description of— 

20 (i) how the eligible entity intends to 

21 develop complete streets infrastructure, in22 cluding through an assessment of proce23 dures, design manuals, performance meas24 ures, and training for planners and engi25 neers; 


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1 (ii) how, after the development of 

2 complete streets infrastructure, the trans3 portation system will serve users of all 

4 ages and abilities, including pedestrians, 

5 bicyclists, and public transit passengers, as 

6 well as trucks, buses, and automobiles; 

7 (iii) how the complete streets policy 

8 will apply to all projects and phases of 

9 projects that affect the streets under the 

10 complete streets policy, including recon11 struction, new construction, planning, de12 sign, maintenance, and operations, for the 

13 entire street; 

14 (iv) any exceptions to the complete 

15 streets policy, including a clear procedure 

16 for the approval of those exceptions, as de17 scribed in paragraph (4); 

18 (v) the jurisdiction in which the com19 plete streets policy applies; and 

20 (vi) the steps necessary for implemen21 tation of the complete streets policy; 

22 (B) encourage a comprehensive, integrated, 

23 and connected network for all modes of trans24 portation; 

25 (C) benefit users of all abilities; 


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1 (D) emphasize the need to coordinate with 

2 other jurisdictions with respect to the streets 

3 under the jurisdiction of the complete streets 

4 policy; 

5 (E) require the use of the latest and best 

6 design criteria and guidelines, particularly 

7 standards relating to providing access to indi8 viduals with disabilities, in projects under the 

9 complete streets policy; 

10 (F) recognize the need for flexibility in bal11 ancing user needs; 

12 (G) be context sensitive and complement 

13 the community, including consideration of— 

14 (i) the urban, suburban, or rural loca15 tion in which a project is located; and 

16 (ii) planned investments on or near 

17 the corridor, such as public transportation; 

18 (H) establish performance standards with 

19 measurable outcomes to ensure that the com20 plete streets infrastructure complies with com21 plete streets principles; 

22 (I) meet the minimum standards estab23 lished by the Secretary under subsection 

24 (e)(2)(A)(i); and 


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1 (J) except as provided in paragraph (4), 

2 require the complete streets policy to apply to 

3 new road construction and road modification 

4 projects, including design, planning, construc5 tion, reconstruction, rehabilitation, mainte6 nance, and operations, for the entire right-of7 way under the jurisdiction of the complete 

8 streets policy. 

9 (4) EXEMPTION REQUIREMENTS AND PROCE10 DURES.—A complete streets policy shall allow for a 

11 project-specific exemption from the complete streets 

12 policy if— 

13 (A) the roadway affected by the project 

14 may not, under applicable law, be used by cer15 tain types of users, in which case the eligible 

16 entity shall make a greater effort to accommo17 date the types of users elsewhere, including on 

18 roadways that cross or otherwise intersect with 

19 the affected roadway; 

20 (B) the cost of the project to comply with 

21 the complete streets policy would be excessively 

22 disproportionate (as defined in the document of 

23 the Department of Transportation entitled ‘‘De24 sign Guidance Accommodating Bicycle and Pe25 destrian Travel: A Recommended Approach’’ 


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1 and required under section 1202(b) of the 

2 Transportation Equity Act for the 21st Century 

3 (23 U.S.C. 217 note; Public Law 105–178)) 

4 compared to the need or particular use of the 

5 affected roadway; or 

6 (C) the existing and expected population, 

7 employment density, traffic volume, or level of 

8 transit service on and around the affected road9 way is so low that the expected users of the af10 fected roadway will not include pedestrians, 

11 public transportation, freight vehicles, or 

12 bicyclists. 

13 (5) GUIDANCE.—The Secretary shall establish 

14 guidance for a State or metropolitan planning orga15 nization to evaluate and approve a complete streets 

16 policy of an eligible entity. 

17 (6) REPORTS.— 

18 (A) IN GENERAL.—Each State department 

19 of transportation shall submit to the Secretary 

20 a report describing the implementation by the 

21 State of measures to achieve complete streets 

22 principles within complete streets policies of eli23 gible entities within the State at such time, in 

24 such manner, and containing such information 

25 as the Secretary may require. 


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1 (B) DETERMINATION BY SECRETARY.—On 

2 receipt of a report under subparagraph (A), the 

3 Secretary shall determine whether the complete 

4 streets program of the State has incorporated 

5 complete streets principles into all aspects of 

6 the transportation project development, pro7 gramming, and delivery process, including 

8 project planning, project identification, project 

9 scoping procedures, design approval, design 

10 manuals, and performance measures. 

11 (e) CERTIFICATION.— 

12 (1) CERTIFICATION OF STATE PROGRAMS.—Not 

13 later than October 1 of the third full fiscal year that 

14 begins after the date of enactment of this Act, the 

15 Secretary shall establish a method of evaluating and 

16 certifying compliance by States with the require17 ments of this Act, including a requirement that each 

18 State department of transportation submit a report 

19 to the Secretary that describes— 

20 (A) the complete streets program of the 

21 State; 

22 (B) the plan to carry out the complete 

23 streets program of the State; and 

24 (C) the degree of involvement of eligible 

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1 rying out the complete streets program of the 

2 State. 

3 (2) MINIMUM STANDARDS FOR COMPLETE

4 STREETS POLICIES.— 

5 (A) ESTABLISHMENT.—Not later than Oc6 tober 1 of the first full fiscal year that begins 

7 after the date of enactment of this Act, the Sec8 retary shall establish minimum requirements 

9 for the certification of an eligible entity by a 

10 State or metropolitan planning organization 

11 that describes— 

12 (i) the minimum standards for a com13 plete streets policy that allows an eligible 

14 entity to receive a grant under subsection 

15 (g)(1); and 

16 (ii) a method for a State or metropoli17 tan planning organization to certify that 

18 the complete streets policy of an eligible 

19 entity meets the minimum requirements 

20 required by the Secretary under clause (i). 

21 (B) LACK OF CERTIFICATION BY STATE OR

22 MPO.—If the State or metropolitan planning or23 ganization does not certify the complete streets 

24 policy of an eligible entity, the eligible entity— 


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1 (i) may not participate in the grant 

2 program under subsection (g)(1); but 

3 (ii) may use the complete streets pol4 icy for local purposes. 

5 (3) REPORT.—Not later than October 1 of the 

6 fourth fiscal year that begins after the date of enact7 ment of this Act, the Secretary shall submit to Con8 gress a report that describes— 

9 (A) the evaluation and certification method 

10 established under paragraph (1); 

11 (B) the status of activities for adopting 

12 and carrying out complete streets programs by 

13 States; 

14 (C) the tools and resources provided by the 

15 Secretary to States to assist with adopting and 

16 carrying out complete streets programs by 

17 States; and 

18 (D) other measures carried out by the Sec19 retary to encourage the adoption of complete 

20 streets policies by eligible entities. 

21 (f) COMPLETE STREETS PRIORITIZATION PLAN.— 

22 (1) IN GENERAL.—To receive a grant under 

23 subsection (g)(1), an eligible entity shall develop, 

24 and the State of the eligible entity shall approve, a 

25 complete streets prioritization plan that consists of 


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1 a comprehensive strategy and list of specific projects 

2 to design, and carry out the design of, complete 

3 streets— 

4 (A) to improve safety, mobility, or accessi5 bility of a street; 

6 (B) that identifies— 

7 (i) the streets and infrastructure to be 

8 affected by a project; 

9 (ii) a cost estimate of the project; and 

10 (iii) a timeline for the completion of 

11 the project; and 

12 (C) that aligns with local infrastructure 

13 plans and roadway maintenance schedules. 

14 (2) REQUIREMENTS.—In developing a complete 

15 streets prioritization plan, an eligible entity shall 

16 prioritize projects based on the extent to which 

17 projects intended to be included in the complete 

18 streets prioritization plan improve— 

19 (A) safety; 

20 (B) pedestrian mobility; 

21 (C) bicycle mobility; 

22 (D) public transit operations and access; 

23 (E) micromobility service operations and 

24 access, including shared bicycle and scooter 

25 services; 


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1 (F) vehicular operations; 

2 (G) freight operations; 

3 (H) air quality; 

4 (I) connections and access to jobs and 

5 services for low-income people, communities of 

6 color, and people who rely on public transit; 

7 and 

8 (J) any other factor the Secretary deter9 mines to be necessary. 

10 (3) INCLUSION OF PROJECTS FROM EXISTING

11 PLANS.—In developing a complete streets 

12 prioritization plan, an eligible entity may include a 

13 project included in an existing local infrastructure 

14 plan. 

15 (4) APPROVAL.—A State or metropolitan plan16 ning organization shall approve of a complete streets 

17 prioritization plan if the State or metropolitan plan18 ning organization determines that the complete 

19 streets prioritization plan— 

20 (A) meets the requirements of this section; 

21 and 

22 (B) meets the goals described in subsection 

23 (b)(3). 

24 (5) TECHNICAL ASSISTANCE FUNDING.—A 

25 State may provide not more than $100,000 in each 


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1 fiscal year to an eligible entity with a complete 

2 streets policy approved by the applicable State or 

3 metropolitan planning organization to conduct stud4 ies or analyses to support the completion of a com5 plete streets prioritization plan. 

6 (g) GRANTS FOR COMPLETE STREETS INFRASTRUC7 TURE.— 

8 (1) IN GENERAL.—A State may provide a grant 

9 for the design and construction of 1 or more projects 

10 included in the complete streets prioritization plan of 

11 an eligible entity. 

12 (2) LIMITATION.—A grant provided to an eligi13 ble entity under paragraph (1) may be in an amount 

14 equal to the lesser of— 

15 (A) $20,000,000; and 

16 (B) 20 percent of the total amount of 

17 funding for the complete streets program of the 

18 State for the fiscal year. 

19 (h) ACCESSIBILITY STANDARDS.— 

20 (1) FINAL STANDARDS.—Not later than 1 year 

21 after the date of enactment of this Act, the Architec22 tural and Transportation Barriers Compliance 

23 Board established under section 502(a)(1) of the Re24 habilitation Act of 1973 (29 U.S.C. 792(a)(1)) shall 

25 promulgate final standards for accessibility of new 


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1 construction and alteration of pedestrian facilities 

2 for public rights-of-way. 

3 (2) TEMPORARY STANDARDS.—During the pe4 riod beginning on the date of enactment of this Act 

5 and ending on the date on which the Architectural 

6 and Transportation Barriers Compliance Board pro7 mulgates final standards under paragraph (1), a 

8 State or metropolitan planning organization shall 

9 apply to public rights-of-way— 

10 (A) the standards for accessible transpor11 tation facilities in section 37.9 of title 49, Code 

12 of Federal Regulations (as in effect on the date 

13 of enactment of this Act); or 

14 (B) if the standards referred to in sub15 paragraph (A) do not address, or are inappli16 cable to, an affected public right-of-way, the 

17 guidelines described in the notice of availability 

18 of draft guidelines of the Architectural and 

19 Transportation Barriers Compliance Board en20 titled ‘‘Americans With Disabilities Act (ADA) 

21 Accessibility Guidelines for Buildings and Fa22 cilities; Architectural Barriers Act (ABA) Ac23 cessibility Guidelines; Public Rights-of-Way’’ 

24 (70 Fed. Reg. 70734 (November 23, 2005)). 


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1 (i) FUNDING.—For each fiscal year, each State shall 

2 obligate 5 percent of the funds apportioned to the State 

3 under section 104(b) of title 23, United States Code, to 

4 carry out the complete streets program of the State. 

5 SEC. 3. SAFETY FOR USERS. 

6 Section 1442 of the FAST Act (23 U.S.C. 109 note; 

7 Public Law 114–94) is amended by striking subsection (a) 

8 and inserting the following: 

9 ‘‘(a) IN GENERAL.—The Secretary shall require each 

10 State and metropolitan planning organization to adopt 

11 and implement standards for the design of Federal surface 

12 transportation projects that provide for the safe and ade13 quate accommodation of all users of the surface transpor14 tation network, including motorized and nonmotorized 

15 users, in all phases of project planning, development, and 

16 operation.’’. 

Æ 


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