No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3246 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3246
To provide for consideration of all modes of transportation and all
road users in certain highway and transit programs, and for other
purposes.
_______________________________________________________________________
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.
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 ``Building Safer Streets Act''.
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 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.''.
SEC. 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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