II 118th CONGRESS 1st Session S. 3246 IN THE SENATE OF THE UNITED STATES November 7, 2023 Mr. Fetterman introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for consideration of all modes of transportation and all road users in certain highway and transit programs, and for other purposes.

1. Short title This Act may be cited as the Building Safer Streets Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Manual on uniform traffic control devices (a) In general Section 109(d)(2) of title 23, United States Code, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; and (2) by adding at the end the following: (B) Public accountability (i) In general For the most recent published edition of the Manual on Uniform Traffic Control Devices (as of the date of enactment of the Building Safer Streets Act ), and not later than 1 year after the date of publication of each subsequent update of the Manual on Uniform Traffic Control Devices, the Secretary shall publish documentation explaining all specific prohibitions against devices or designs, including— (I) any considerations to allow local flexibility; (II) research in support of the prohibitions, including the need to actively prohibit a design or practice; and (III) proof of compliance with Federal law (including regulations). (ii) National committee on uniform traffic control devices With respect to updates to the Manual on Uniform Traffic Control Devices after the most recent published edition described in clause (i), the Secretary shall request that the National Committee on Uniform Traffic Control Devices provide documentation of the decisions made during the update process with respect to recommendations provided to the Secretary by the National Committee. . (b) Updates to Manual on Uniform Traffic Control Devices Section 11135 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 109 note; Public Law 117–58 ) is amended— (1) in paragraph (3), by adding and at the end; (2) in paragraph (4), by striking ; and and inserting a period; and (3) by striking paragraph (5). (c) GAO Study (1) In general The Comptroller General of the United States shall conduct a study on the use of the Manual on Uniform Traffic Control Devices (referred to in this subsection as the Manual ) by State and local government traffic engineers, planners, and consultants— (A) to provide an estimate of the extent to which practitioners, based on a representative sample— (i) exercise engineering discretion as permitted by the Manual for street designs intended to increase safety and improve multimodal access; and (ii) feel constrained or otherwise discouraged from implementing alternative street designs that improve safety outcomes by the guidelines in the Manual; (B) to estimate the average increases in costs and time needed to complete a project caused by the need to request or otherwise determine an exception to the Manual, including requirements for engineering studies; and (C) to identify the types of facilities, projects, and contexts for which discretion to deviate from the Manual are most frequently sought. (2) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (A) submit to Congress a report that describes the findings and conclusions of the study conducted under paragraph (1); and (B) make the report under subparagraph (A) publicly available online. 4. Federal design standards and guidelines (a) Statutory design guidelines Section 217(g)(1) of title 23, United States Code, is amended— (1) in the first sentence, by striking given due consideration and inserting accounted for, where not incompatible, ; and (2) in the second sentence, by striking considered, where appropriate, in conjunction and inserting evaluated and, where appropriate, incorporated . (b) Regulatory updates (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall update the regulations implementing sections 109, 134, and 135 of title 23, United States Code, to clarify the definition of consideration of all modes . (2) Inclusions The updates under paragraph (1) shall— (A) outline accepted methods for formal evaluation on all modes of transportation, including pedestrians and cyclists, that will count as adequate consideration of all modes; (B) differentiate between urban and suburban, rural, and natural area design guidelines for pedestrian and cycling infrastructure, consistent with the Bikeway Selection Guide published by the Federal Highway Administration and dated February 2019 (or a successor document); (C) take into consideration the land use context surrounding the road or highway; and (D) affirm the necessity of complete multimodal networks. (c) Categorical exceptions (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a list of categorical design exceptions from standards developed under section 109(c) of title 23, United States Code, for categories of multimodal projects and features on Federal-aid highways. (2) Inclusions The list developed under paragraph (1) shall include categories of multimodal projects and features that— (A) are recommended by the Federal Highway Administration, including Proven Safety Countermeasures; (B) improve safety for vulnerable road users; and (C) are currently subject to the design exception process. (3) Update Not less frequently than every 5 years, the Administrator shall update the list under paragraph (1). (d) Multimodal review (1) In general For each program described in paragraph (3), the Secretary shall include as part of the funding application for projects in urbanized areas a process for indicating that the applicant has considered multimodal infrastructure and concluded that the final design will not include facilities for nonmotorized forms of transportation. (2) Inclusions The process referred to in paragraph (1) shall include clear criteria, including— (A) the availability of rights-of-way; (B) the presence or absence of facilities on nearby parallel routes, or the possibility of providing facilities that meet the standards established in regulations implementing sections 109, 134, and 135 of title 23, United States Code; (C) latent demand or potential for active transportation trips, including consideration of future land use; and (D) other criteria, as determined by the Administrator. (3) Programs described A program referred to in paragraph (1) is any of the following: (A) The Strengthening Mobility and Revolutionizing Transportation Grant Program established under section 25005(b) of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 502 note; Public Law 117–58 ). (B) Competitive awards under the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program under section 176(d) of title 23, United States Code. (C) The advanced transportation technologies and innovative mobility deployment grant program under section 503(c)(4) of title 23, United States Code (commonly known as the ATTAIN program ). (e) Connected networks (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall publish guidance on connected networks that accommodate all modes and users, including— (A) design guidance for multimodal streets that include transit and freight networks; (B) context-sensitive design considerations that account for the distinct needs of urban, rural, and suburban roads; and (C) methods to address conflicts between modes when there is not sufficient right-of-way to accommodate separate facilities for all users in a single street, including reductions in design speed, designs to improve vulnerable road user visibility, and other features. (2) Prioritization Guidance published under paragraph (1) shall prioritize designs that ensure that all users have access to safe, comfortable, reliable, and healthy transportation options. (f) Transit facilities (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator and the Administrator of the Federal Transit Administration shall jointly issue guidelines relating to placement of bus stops and associated roadway design. (2) Inclusions The guidelines issued under paragraph (1) shall— (A) include provisions for locating and designing bus stops in various operating environments that consider convenience, safety, pedestrian accessibility, accessibility for individuals with disabilities, proximity to key destinations, density, and transit operations; (B) include considerations of roadside factors, bus stop zone design types, roadway and intersection design, placement, and location; (C) provide for a variety of local contexts, including urban, suburban, and rural road conditions; (D) outline best practices for coordination between street departments, public transportation authorities, planning departments, and other relevant authorities on design issues; (E) consider resources published during the preceding 10 years that provide guidelines for the location, design, user need, and context for transit facilities on streets, including the American Association of State Highway and Transportation Officials guide entitled Guide for Geometric Design of Transit Facilities on Highways and Streets and published July 2014, and the guide of the National Association of City Transportation Officials entitled Transit Street Design Guide and published April 2016; and (F) prioritize pedestrian and bicycle access to transit and proximity to key destinations. (3) Grant recipients Beginning not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Transit Administration shall ensure that a recipient of funds under section 5309 of title 49, United States Code, shall be provided the guidelines issued under paragraph (1). (4) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that— (A) describes the guidelines adopted by the Administrator supporting on-road transit vehicle accommodation, including guidance on issues such as turning radii, lane widths, bus lanes, bus stop placement, and transit signal priorities; and (B) notes whether the Administrator has adopted the guide of the American Association of State Highway and Transportation Officials entitled Guide for Geometric Design of Transit Facilities on Highways and Streets and published July 2014, the guide of the National Association of City Transportation Officials entitled Transit Street Design Guide and published April 2016, or another transit facility guide, and if not, the reasons why not. (g) Value of time guidance Section 6702(d) of title 49, United States Code, is amended— (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (2) by inserting after paragraph (4) the following: (5) Value of time In selecting projects to receive grants under the program and analyzing the benefits and costs of proposed projects, the Secretary shall not consider higher speed limits for motorized vehicles to be a contributor to value of travel time benefits for roads that are not freeways or on the Interstate System. . (h) Study; report Not later than 2 years after the date of enactment of this Act, the Administrator shall— (1) carry out a study on the design factors that contributed to fatal crashes on a representative sample of Federal-aid highways, including crashes involving pedestrians and cyclists; and (2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the results of the study under paragraph (1). 5. State guidance (a) Timely updates to State guidance and standards Not later than 2 years after the date of enactment of this Act, as a condition of the receipt of funds under title 23, United States Code, each State shall notify the Secretary whether the State has updated the highway design manuals of the State to reflect guidance of the Administrator relating to controlling criteria for design of lower speed non-freeway roadways. (b) Safety of vulnerable road users Section 150(d) of title 23, United States Code, is amended— (1) in paragraph (1), by striking Not later than and inserting Subject to paragraph (3), not later than ; and (2) by adding at the end the following: (3) Highway safety improvement program In establishing performance targets that reflect the measures identified in subsection (c)(4), the target for vulnerable road user fatalities shall not exceed the total number of vulnerable road user fatalities for the previous target period in that State. . 6. Safe streets for all communities Section 24112 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 402 note; Public Law 117–58 ) is amended— (1) in subsection (a), by adding at the end the following: (5) Small community The term small community has the meaning given the term small and rural community in section 28(a) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722a(a) ). ; (2) in subsection (c), by adding at the end the following: (3) Small communities (A) In general Of the total amount made available to carry out the program for each fiscal year, not less than 10 percent shall be set aside for projects carried out by, or for the benefit of, a small community that each have— (i) a total estimated cost of less than $1,000,000; and (ii) an estimated completion date of not more than 5 years. (B) Application The Secretary may develop a modified application process for projects described in subparagraph (A) that reflects small community capacity and project needs. (C) Considerations In selecting projects under subparagraph (A), the Secretary shall give priority to projects that can demonstrate ineligibility or inability to obtain State funding due to the size of the project. ; (3) in subsection (e)— (A) by striking The Federal share and inserting the following: (1) In general Except as provided in paragraph (2), the Federal share ; and (B) by adding at the end the following: (2) Small communities In the case of a grant for a project described in subsection (c)(3)(A) for which the applicant can demonstrate a funding commitment from a State or local entity, the Secretary may increase the Federal share of the cost of the project up to 90 percent. ; and (4) in subsection (g), by adding at the end the following: (3) Assistance The Secretary shall provide assistance to eligible entities that receive a grant under the program in collecting and meaningfully using data relating to nonmotorized travelers for planning and decisionmaking with respect to a project carried out with funds from the grant, particularly nonmotorized traveler volume data. .