II 

116TH CONGRESS 

1ST SESSION S. 2077 

To establish the complete streets program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2019 

Mr. MARKEY (for himself, Mr. BLUMENTHAL, and Mr. SCHATZ) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To establish the complete streets program, 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 2019’’. 

6 SEC. 2. COMPLETE STREETS PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

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

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

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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 policy adopted by 

5 an eligible entity under subsection (d)(1). 

6 (3) COMPLETE STREETS PRINCIPLE.—The term 

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

8 local, State, or regional level that ensures— 

9 (A) the safe and adequate accommodation, 

10 in all phases of project planning and develop11 ment, of all users of the transportation system, 

12 including pedestrians, bicyclists, public transit 

13 users, children, older individuals, individuals 

14 with disabilities, motorists, and freight vehicles; 

15 and 

16 (B) the consideration of the safety and 

17 convenience of all users of the transportation 

18 system in all phases of project planning and de19 velopment. 

20 (4) COMPLETE STREETS PRIORITIZATION

21 PLAN.—The term ‘‘complete streets prioritization 

22 plan’’ means a plan developed by an eligible entity 

23 under subsection (e)(1) that is a comprehensive 

24 strategy and list of specific projects to design, and 

25 carry out the design of, complete streets— 


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1 (A) to improve safety, mobility, or accessi2 bility of a street; 

3 (B) that identifies— 

4 (i) the streets and infrastructure to be 

5 affected by a project; 

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

7 (iii) a timeline for the completion of 

8 the project; and 

9 (C) that aligns with local infrastructure 

10 plans and roadway maintenance schedules. 

11 (5) COMPLETE STREETS PROGRAM.—The term 

12 ‘‘complete streets program’’ means a program estab13 lished by a State under subsection (b)(1). 

14 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means— 

16 (A) a unit of local government; 

17 (B) a regional planning organization; 

18 (C) a metropolitan planning organization; 

19 (D) a transit agency; 

20 (E) a natural resource or public land agen21 cy; 

22 (F) a Tribal government; 

23 (G) a nonprofit entity responsible for the 

24 administration of local transportation safety 

25 programs; or 


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1 (H) any other local or regional govern2 mental entity, other than a State agency, with 

3 responsibility for or oversight of transportation 

4 or recreational trails that the State in which the 

5 project will occur determines to be eligible, con6 sistent with the goals of this section. 

7 (7) METROPOLITAN PLANNING ORGANIZA8 TION.—The term ‘‘metropolitan planning organiza9 tion’’ means a metropolitan planning organization 

10 designated under— 

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

12 Code; or 

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

14 Code. 

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

16 the Secretary of Transportation. 

17 (b) ESTABLISHMENT.— 

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

19 the first fiscal year that begins not less than 2 years 

20 after the date of enactment of this Act, each State 

21 shall establish a program for a competitive process 

22 for an eligible entity to seek— 

23 (A) technical assistance for a project to de24 sign and construct a project included in the 


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1 complete streets prioritization plan of the eligi2 ble entity under subsection (f)(4); and 

3 (B) grants for the design and construction 

4 of complete streets under subsection (g). 

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

6 first fiscal year that begins not less than 3 years 

7 after the date of enactment of this Act, each State 

8 shall begin to provide grants for the design and con9 struction of complete streets under subsection 

10 (g)(1). 

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

12 program are— 

13 (A) to provide technical assistance and in14 centives for the adoption of complete streets 

15 policies; 

16 (B) to encourage eligible entities to adopt 

17 a strategic and comprehensive approach for the 

18 development of complete streets; 

19 (C) to facilitate better pedestrian, bicycle, 

20 and public transit travel for users of all ages 

21 and abilities by addressing critical gaps in pe22 destrian, bicycle, and public transit infrastruc23 ture; 

24 (D) to distribute funding to reward eligible 

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1 plete streets best practices developed by the 

2 Secretary under subsection (c); and 

3 (E) to ensure that underserved municipali4 ties are served equitably by the complete streets 

5 program. 

6 (c) COMPLETE STREETS BENCHMARKS AND GUID7 ANCE.— 

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

9 after the date of enactment of this Act, the Sec10 retary shall prepare and make available to States 

11 and eligible entities benchmarks and guidance by 

12 which— 

13 (A) States can carry out complete streets 

14 programs; 

15 (B) eligible entities can carry out complete 

16 streets policies and complete streets principles; 

17 and 

18 (C) eligible entities can evaluate the effec19 tiveness of complete streets projects. 

20 (2) FOCUS.—The benchmarks and guidance 

21 prepared and made available under paragraph (1) 

22 shall— 

23 (A) be designed to result in the establish24 ment of methods of effectively carrying out a 

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1 gram, and complete streets principles, as appli2 cable; 

3 (B) focus on modifying scoping, design, 

4 and construction procedures to more effectively 

5 combine modes of transportation into integrated 

6 facilities that meet the needs of each of those 

7 modes of transportation in an appropriate bal8 ance; and 

9 (C) indicate the expected operational and 

10 safety performance of alternative approaches to 

11 facility design. 

12 (3) TOPICS OF EMPHASIS.—In preparing the 

13 benchmarks and guidance under paragraph (1), the 

14 Secretary shall emphasize— 

15 (A) procedures for identifying the needs of 

16 users of all ages and abilities of a particular 

17 roadway; 

18 (B) procedures for identifying the types 

19 and designs of facilities needed to serve each 

20 class of users; 

21 (C) safety and other benefits provided by 

22 carrying out complete streets principles; 

23 (D) common barriers to carrying out com24 plete streets principles; 


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1 (E) procedures for overcoming the most 

2 common barriers to carrying out complete 

3 streets principles; 

4 (F) procedures for identifying the costs as5 sociated with carrying out complete streets 

6 principles; 

7 (G) procedures for maximizing local co8 operation in the introduction of complete streets 

9 principles and carrying out those principles; and 

10 (H) procedures for assessing and modi11 fying the facilities and operational characteris12 tics of existing roadways to improve consistency 

13 with complete streets principles. 

14 (4) PUBLIC REVIEW AND COMMENT.—The com15 plete streets benchmarks and guidance prepared and 

16 made available under paragraph (1) shall be subject 

17 to a period of public review and comment. 

18 (d) COMPLETE STREETS POLICIES.— 

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

20 technical assistance or funds from a complete streets 

21 program shall adopt a complete streets policy using 

22 complete streets principles and approved by— 

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


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1 (B) a metropolitan planning organization 

2 that serves an area under the jurisdiction of the 

3 eligible entity. 

4 (2) REQUIREMENTS.—A complete streets policy 

5 of an eligible entity shall— 

6 (A) include a description of— 

7 (i) how the eligible entity intends to 

8 develop complete streets infrastructure; 

9 (ii) how, after the development of 

10 complete streets infrastructure, the trans11 portation system will serve users of all 

12 ages and abilities, including pedestrians, 

13 bicyclists, and public transit passengers, as 

14 well as trucks, buses, and automobiles; 

15 (iii) how the complete streets policy 

16 will apply to all projects and phases of 

17 projects that affect the streets under the 

18 complete streets policy, including recon19 struction, new construction, planning, de20 sign, maintenance, and operations, for the 

21 entire street; 

22 (iv) any exceptions to the complete 

23 streets policy, including a clear procedure 

24 for the approval of those exceptions, as de25 scribed in paragraph (3); 


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1 (v) the jurisdiction in which the com2 plete streets policy applies; and 

3 (vi) the steps necessary for implemen4 tation of the complete streets policy; 

5 (B) encourage a comprehensive, integrated, 

6 and connected network for all modes of trans7 portation; 

8 (C) benefit users of all abilities; 

9 (D) emphasize the need to coordinate with 

10 other jurisdictions with respect to the streets 

11 under the jurisdiction of the complete streets 

12 policy; 

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

14 design criteria and guidelines, particularly 

15 standards relating to providing access to indi16 viduals with disabilities, in projects under the 

17 complete streets policy; 

18 (F) recognize the need for flexibility in bal19 ancing user needs; 

20 (G) be context sensitive and complement 

21 the community, including consideration of the 

22 urban, suburban, or rural location in which a 

23 project is located; 

24 (H) establish performance standards with 

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1 plete streets infrastructure complies with com2 plete streets principles; 

3 (I) meet the minimum standards estab4 lished by the Secretary under subsection 

5 (e)(2)(A); and 

6 (J) except as provided in paragraph (3), 

7 require the complete streets policy to apply to 

8 new road construction and road modification 

9 projects, including design, planning, construc10 tion, reconstruction, rehabilitation, mainte11 nance, and operations, for the entire right-of12 way under the jurisdiction of the complete 

13 streets policy. 

14 (3) EXEMPTION REQUIREMENTS AND PROCE15 DURES.—A complete streets policy shall allow for a 

16 project-specific exemption from the complete streets 

17 policy if— 

18 (A) the roadway affected by the project 

19 may not, under applicable law, be used by cer20 tain types of users, in which case the eligible 

21 entity shall make a greater effort to accommo22 date the types of users elsewhere, including on 

23 roadways that cross or otherwise intersect with 

24 the affected roadway; 


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

2 the complete streets policy would be excessively 

3 disproportionate (as defined in the document of 

4 the Department of Transportation entitled ‘‘De5 sign Guidance Accommodating Bicycle and Pe6 destrian Travel: A Recommended Approach’’ 

7 and required under section 1202(b) of the 

8 Transportation Equity Act for the 21st Century 

9 (23 U.S.C. 217 note; Public Law 105–178)) 

10 compared to the need or particular use of the 

11 affected roadway; or 

12 (C) the existing and expected population, 

13 employment density, traffic volume, or level of 

14 transit service on and around the affected road15 way is so low that the expected users of the af16 fected roadway will not include pedestrians, 

17 public transportation, freight vehicles, or 

18 bicyclists. 

19 (4) GUIDANCE.—The Secretary shall establish 

20 guidance for a State or metropolitan planning orga21 nization to evaluate and approve a complete streets 

22 policy of an eligible entity. 

23 (5) REPORTS.— 

24 (A) IN GENERAL.—Each State department 

25 of transportation shall submit to the Secretary 


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1 a report describing the implementation by the 

2 State of measures to achieve complete streets 

3 principles within complete streets policies of eli4 gible entities within the State at such time, in 

5 such manner, and containing such information 

6 as the Secretary may require. 

7 (B) DETERMINATION BY SECRETARY.—On 

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

9 Secretary shall determine whether the complete 

10 streets program of the State has incorporated 

11 complete streets principles into all aspects of 

12 the transportation project development, pro13 gramming, and delivery process, including 

14 project planning, project identification, project 

15 scoping procedures, design approval, design 

16 manuals, and performance measures. 

17 (e) CERTIFICATION.— 

18 (1) CERTIFICATION OF STATE PROGRAMS.—Not 

19 later than October 1 of the first fiscal year that be20 gins not less than 3 years after the date of enact21 ment of this Act, the Secretary shall establish a 

22 method of evaluating and certifying compliance by 

23 States with the requirements of this Act, including 

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1 portation submit a report to the Secretary that de2 scribes— 

3 (A) the complete streets program of the 

4 State; 

5 (B) the plan to carry out the complete 

6 streets program of the State; and 

7 (C) the degree of involvement of eligible 

8 entities within the State in developing and car9 rying out the complete streets program of the 

10 State. 

11 (2) MINIMUM STANDARDS FOR COMPLETE

12 STREETS POLICIES.—Not later than October 1 of 

13 the first fiscal year that begins not less than 1 year 

14 after the date of enactment of this Act, the Sec15 retary shall establish minimum requirements for the 

16 certification of an eligible entity by a State or metro17 politan planning organization that describes— 

18 (A) the minimum standards for a complete 

19 streets policy that allows an eligible entity to re20 ceive a grant under subsection (g)(1); and 

21 (B) a method for metropolitan planning or22 ganizations to certify that the complete streets 

23 policy of an eligible entity meets the minimum 

24 requirements required by the Secretary under 

25 subparagraph (A). 


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

2 first fiscal year that begins not less than 4 years 

3 after the date of enactment of this Act, the Sec4 retary shall submit to Congress a report that de5 scribes— 

6 (A) the evaluation and certification method 

7 established under paragraph (1); 

8 (B) the status of activities for adopting 

9 and carrying out complete streets programs by 

10 States; 

11 (C) the tools and resources provided by the 

12 Secretary to States to assist with adopting and 

13 carrying out complete streets programs by 

14 States; and 

15 (D) other measures carried out by the Sec16 retary to encourage the adoption of complete 

17 streets policies by eligible entities described in 

18 subsection (d)(1). 

19 (f) COMPLETE STREETS PRIORITIZATION PLAN.— 

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

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

22 and the State of the eligible entity shall approve of, 

23 a complete streets prioritization plan. 

24 (2) REQUIREMENTS.—In developing a complete 

25 streets prioritization plan, an eligible entity shall 


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1 prioritize projects based on the extent to which 

2 projects intended to be included in the complete 

3 streets prioritization plan improve— 

4 (A) safety; 

5 (B) pedestrian mobility; 

6 (C) bicycle mobility; 

7 (D) public transit operations and access; 

8 (E) vehicular operations; 

9 (F) freight operations; 

10 (G) air quality; and 

11 (H) any other factor the Secretary deter12 mines to be necessary. 

13 (3) APPROVAL.—A State shall approve of a 

14 complete streets prioritization plan if the State de15 termines that the complete streets prioritization 

16 plan— 

17 (A) meets the requirements of this section; 

18 and 

19 (B) meets the goals described in subsection 

20 (b)(3). 

21 (4) TECHNICAL ASSISTANCE FUNDING.—A 

22 State may provide not more than $50,000 in each 

23 fiscal year to an eligible entity with a complete 

24 streets policy approved by the applicable State or 

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1 ies or analyses to support the completion of a com2 plete streets prioritization plan. 

3 (g) GRANTS FOR COMPLETE STREETS INFRASTRUC4 TURE.— 

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

6 for the design and construction of one or more 

7 projects included in the complete streets prioritiza8 tion plan of an eligible entity. 

9 (2) LIMITATION.—A grant provided to an eligi10 ble entity under paragraph (1) may be in an amount 

11 that is not more than $500,000 for each fiscal year. 

12 (h) ACCESSIBILITY STANDARDS.— 

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

14 after the date of enactment of this Act, the Architec15 tural and Transportation Barriers Compliance 

16 Board established under section 502(a)(1) of the Re17 habilitation Act of 1973 (29 U.S.C. 792(a)(1)) shall 

18 promulgate final standards for accessibility of new 

19 construction and alteration of pedestrian facilities 

20 for public rights-of-way. 

21 (2) TEMPORARY STANDARDS.—During the pe22 riod beginning on the date of enactment of this Act 

23 and ending on the date on which the Architectural 

24 and Transportation Barriers Compliance Board pro25 mulgates final standards under paragraph (1), a 


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1 State or metropolitan planning organization shall 

2 apply to public rights-of-way— 

3 (A) the standards for accessible transpor4 tation facilities in section 37.9 of title 49, Code 

5 of Federal Regulations (as in effect on the date 

6 of enactment of this Act); or 

7 (B) if the standards referred to in sub8 paragraph (A) do not address, or are inappli9 cable to, an affected public right-of-way, the 

10 guidelines described in the notice of availability 

11 of draft guidelines of the Architectural and 

12 Transportation Barriers Compliance Board en13 titled ‘‘Americans With Disabilities Act (ADA) 

14 Accessibility Guidelines for Buildings and Fa15 cilities; Architectural Barriers Act (ABA) Ac16 cessibility Guidelines; Public Rights-of-Way’’ 

17 (70 Fed. Reg. 70734 (November 23, 2005)). 

18 (i) FUNDING.—A State shall obligate 5 percent of the 

19 funds apportioned to the State under section 104(b) of 

20 title 23, United States Code, to carry out the complete 

21 streets program of the State. 

22 SEC. 3. SAFETY FOR USERS. 

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

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

25 and inserting the following: 


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

2 State and metropolitan planning organization to adopt 

3 and implement standards for the design of Federal surface 

4 transportation projects that provide for the safe and ade5 quate accommodation of all users of the surface transpor6 tation network, including motorized and nonmotorized 

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

8 operation.’’. 

Æ 


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