S 2686
110th CONGRESS
2d Session
S. 2686
To ensure that all users of the transportation system, including
pedestrians, bicyclists, and transit users as well as children, older
individuals, and individuals with disabilities, are able to travel safely
and conveniently on streets and highways.
IN THE SENATE OF THE UNITED STATES
March 3, 2008
Mr. HARKIN (for himself and Mr. CARPER) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science,
and Transportation
A BILL
To ensure that all users of the transportation system, including
pedestrians, bicyclists, and transit users as well as children, older
individuals, and individuals with disabilities, are able to travel safely
and conveniently on 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 `Complete Streets Act of 2008'.
SEC. 2. SAFE AND COMPLETE STREETS.
Section 133 of title 23, United States Code, is amended by adding at
the end the following:
`(g) Complete Streets Policy-
`(1) IN GENERAL- Beginning with the fiscal year that begins 2 years
after the date of enactment of this subsection, States and Metropolitan
Planning Organizations shall--
`(A) adopt an explicit statement of policy (that meets the requirements
of subsection (b)) that the safety and convenience of all users
of the transportation system shall be accommodated;
`(B) apply such policy to the projects contained in the Transportation
Improvement Program; and
`(C) incorporate the principles in this policy into all aspects
of the transportation project development process, including project
identification, scoping procedures and design approvals, as well
as design manuals and performance measures.
`(2) PURPOSE- The purpose of the policy statement required under paragraph
(1)(A) is to ensure that all users of the transportation system, including
pedestrians, bicyclists, and transit users as well as children, older
individuals, and individuals with disabilities, are able to travel
safely and conveniently on streets and highways within the public
right of way.
`(h) Policy Statement Requirements- A policy statement under subsection
(g)(1)(A) shall include the following:
`(1) An assurance that all users of the transportation system will
include pedestrians (including individuals of all ages, and individuals
with disabilities (including mobility, sensory, neurological or hidden
disabilities)), bicyclists, transit vehicles and users, and motorists.
`(2) An assurance that the statement will apply to both new construction
and reconstruction (including resurfacing, restoring, and rehabilitation
(3R) projects) improvement projects. Simple improvements, such as
re-striping for bicycle and pedestrian accommodation, may be encouraged
in pavement resurfacing projects when they fall within the overall
scope of the original roadwork.
`(3) A clear procedure that requires approval by a senior manager
of any specified exceptions from implementing the policy statement,
including documentation with supporting data that indicates the basis
for the exemption.
`(4) A statement directing the use of the current design standards,
including those standards applying to access for individuals with
disabilities.
`(5) A statement requiring that complete streets solutions be developed
to fit in with the context of the community and that those solutions
be flexible.
`(6) A description of the performance standards with measurable outcomes
that will be developed.
`(7) A statement that accommodation shall be made for all users in
all construction and improvement projects unless one or more of the
following apply:
`(A) The project involved a roadway on which non-motorized users
are prohibited by law from using. In such case, a greater effort
shall be made to accommodate bicyclists and pedestrians elsewhere.
`(B) The cost of establishing complete facilities would be excessively
disproportionate to the need or probable use.
`(C) With respect to a project area with a low population, other
documented factors indicate an absence of need now and in the future.
`(D) A Metropolitan Planning Organization or State department of
transportation that is adopting complete streets policies may consult
existing Federal guidance, including the 2000 USDOT Guidance document,
`Accommodating Bicycle and Pedestrian Travel'.
`(E) The policy statement may be achieved through a State or local
law or ordinance, or through an agency policy directive.
`(i) Certifications- The Metropolitan Planning Organization and State
department of transportation shall certify that each road project included
in such plan has been reviewed for its compliance with any applicable
policy statement under this section and that each project under such
plan enhances the safety, convenience, and accessibility of the transportation
system for all users to the extent that it is reasonably possible and
that the project applicant addressed these concerns in the material
prepared for public input with respect to such plan. A Metropolitan
Planning Organization's implementation of its complete streets policy
shall be a factor included in the review for the Metropolitan Planning
Organization certification as provided for in section 134(5).
`(j) Accessibility Standards- Not later than 12 months after the date
of enactment of this subsection, the United States Access Board shall
issue final standards for accessibility of new construction and alterations
of pedestrian facilities in the public right-of-way. Until such time
as the Access Board completes a final Public Right of Way Accessibility
rule, Department of Transportation Standards for Accessible Transportation
Facilities (49 C.F.R. 37.9, as amended on 10/30/2006 (71 FR 63263))
shall serve as the minimum standard. If the Department Of Transportation
standards are silent or inapplicable with respect to any issue, the
2005 draft Public Right Of Way Accessibility Guidelines provisions shall
be consulted.
`(k) Inclusion of All Users- Metropolitan planning organizations and
State departments of transportation shall strongly encourage local jurisdictions
that are served by such organizations to maximize their efforts to include
all users in their transportation planning.
`(l) Additional Provisions-
`(A) IN GENERAL- The Secretary of Transportation shall require the
Federal Highway Administration to conduct complete streets research
to assist States and Metropolitan Planning Organizations in developing,
adopting, and implementing plans, projects, procedures, policies,
and training that comply with the applicable statement of policy
under subsection (g)(1)(A).
`(B) PARTICIPATION- Research under subparagraph (A) shall be conducted
with the participation of the American Association of State Highway
Transportation Officials, the Institute of Transportation Engineers,
the American Public Transit Association, the American Planning Association,
the National Association of Regional Councils, the Association of
Metropolitan Planning Organizations, and representatives of the
disability, motoring, bicycling, walking, transit user, aging, and
other affected communities.
`(C) EXISTING NEEDS- Research under subparagraph (A) shall be based
on the existing statement of complete streets research needs as
outlined by the Transportation Research Board in TR Circular E110,
and shall also develop new areas of inquiry.
`(2) BENCHMARKS AND GUIDANCE- The research project conducted under
paragraph (1) shall be designed to result in the establishment of
benchmarks and the provision of practical guidance on how to effectively
implement street procedures and designs that will accommodate all
types of users along the same facility or corridor including, vehicles,
pedestrians, bicycles, and transit use. Such benchmarks and guidance
shall focus on changing scoping, design, and construction procedures
to more effectively fit the individual modes together into integrated
facilities that meet the needs of each in an appropriate balance.
Such benchmarks and guidance shall indicate the expected operational
and safety performance of alternative approaches to facility design.
`(3) BEST PRACTICES REPORT- Not later than 2 years after the date
of enactment of this subsection, the Federal Highway Administration
shall publish a best practices report showing how transportation agencies
have changed their procedures to routinely design safe, effective
multi-modal facilities. In establishing such best practices, consideration
shall be given to the following areas:
`(A) Procedures for identifying the needs of the mix of users, including
primary and secondary users that need to be served on various highway
functional classes.
`(B) The identification of the types and designs of facilities needed
to serve each of those types of users.
`(C) The identification of barriers to implementation as well as
identification of costs associated with implementing complete streets
policies.
`(4) DATA COLLECTION- In addition to preparing the report under paragraph
(3), the Federal Highway Administration shall work with the Bureau
of Transportation Statistics and the Federal Transit Association and
appropriate Transportation Research Board committees on data collection,
including a baseline non-motorized and transit use survey that will
be integrated into the National Highway Traffic Safety Administration
and the development of a survey tool for use by State transportation
departments in identifying the multi-modal capacity of State and local
road networks.'.
END
