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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2890 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2890
To amend title 23, United States Code, to require transportation
planners to consider projects and strategies to reduce greenhouse gas
emissions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Mr. Markey (for himself, Mr. Padilla, Mr. Merkley, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to require transportation
planners to consider projects and strategies to reduce greenhouse gas
emissions, 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 ``Generating Resilient,
Environmentally Exceptional National Streets Act'' or the ``GREEN
Streets Act''.
SEC. 2. PUBLIC ROADS PERFORMANCE MEASURES.
Section 150 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide
and other greenhouse gas emissions and improve the resilience
of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph designation
and all that follows through ``Not later'' and
inserting the following:
``(1) Rulemaking.--
``(A) In general.--Not later''; and
(ii) by adding at the end the following:
``(B) Updates.--The Secretary shall periodically
update the rulemaking promulgated under subparagraph
(A) as necessary, including to implement the amendments
made to this section by the GREEN Streets Act.'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) transit accessibility (as defined in section
5326(a) of title 49);
``(D) transit stop distance (as defined in section
5326(a) of title 49); and
``(E) transit mode share (as defined in section
5326(a) of title 49).''; and
(C) by adding at the end the following:
``(7) Performance goals for public roads.--For the purpose
of carrying out section 119(f)(3), the Secretary shall
establish--
``(A) minimum standards for States to use in
decreasing per capita vehicle miles traveled on public
roads, including through--
``(i) alignment of zoning and land use
policy and planning;
``(ii) investment in active and safe
transportation infrastructure, such as
sidewalks, trails, and bike lanes;
``(iii) public transit and safe multimodal
access to public transit; and
``(iv) intercity passenger service by train
or bus;
``(B) minimum standards for States to use in
improving the resilience of public roads;
``(C) in consultation with the Administrator of the
Environmental Protection Agency, minimum standards for
the reduction of greenhouse gas emissions on public
roads, with the goal of achieving net-zero emissions;
and
``(D) measures for States to use to assess--
``(i) carbon dioxide emissions on public
roads;
``(ii) air pollutants and multipollutants
on public roads, including noise pollution; and
``(iii) any other greenhouse gas emissions
on public roads, as determined to be
appropriate by the Secretary.''; and
(3) in subsection (d)(1)--
(A) by striking ``subsection (c), each State shall
set'' and inserting ``subsection (c)(1)(A), and not
later than 1 year after each update of that rulemaking
under subsection (c)(1)(B), each State shall set or
update, as applicable,''; and
(B) by striking ``and (6)'' and inserting ``(6),
and (7)''.
SEC. 3. ANALYSIS FOR ROAD CAPACITY EXPANSION PROJECTS.
(a) Metropolitan Transportation Planning.--
(1) Federal-aid highways.--Section 134(h) of title 23,
United States Code, is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (F)
through (J) as subparagraphs (H) through (L),
respectively; and
(ii) by inserting after subparagraph (E)
the following:
``(F) reduce carbon dioxide and other greenhouse
gas emissions;
``(G) decrease per capita vehicle miles
traveled;''; and
(B) by adding at the end the following:
``(4) Analysis of projects that increase traffic
capacity.--
``(A) Definitions.--In this paragraph:
``(i) Covered project.--The term `covered
project' means a project that--
``(I) uses funds made available
under this title to increase traffic
capacity, including--
``(aa) by adding new travel
lanes, including on an existing
road; or
``(bb) by converting
shoulder lanes into new travel
lanes; or
``(II) is projected to receive not
less than $25,000,000 of Federal funds
made available under this title.
``(ii) Environmental justice community.--
The term `environmental justice community'
means a community with significant
representation of communities of color, low-
income communities, or Tribal and Indigenous
communities, that experiences, or is at risk of
experiencing, higher or more adverse human
health or environmental effects.
``(B) Analysis.--In furtherance of the planning
goals described in subparagraphs (F) and (G) of
paragraph (1), a metropolitan planning organization,
with input from local community-based organizations
with relevant expertise, shall conduct and publish an
analysis of--
``(i) the impact on per capita vehicle
miles traveled, mobile source greenhouse gas
emissions, and non-single-occupancy-vehicle
trips, including trips by bicycle, pedestrian
travel, public transportation, and passenger
rail, prior to approval of each covered project
within the metropolitan planning area; and
``(ii) with respect to environmental
justice communities served by the metropolitan
planning organization, air pollution, toxic air
contaminants, and other environmental justice
metrics measured by a Federal environmental
justice tool, such as the environmental justice
mapping and screening tool created by the
Environmental Protection Agency.
``(5) Requirement for new capacity projects.--Before
carrying out a project to construct new capacity for single
occupancy passenger vehicles, a metropolitan planning
organization shall submit to the Secretary and make publicly
available documents that demonstrate--
``(A) that the metropolitan planning organization
has shown progress in achieving a state of good repair
on the National Highway System, as defined in the asset
management plan of the State under section 119(e);
``(B) that the project--
``(i) supports the achievement of
performance targets of the State established
under section 150; and
``(ii) is more cost effective, as
determined by a benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a public
transportation project eligible for
assistance under chapter 53 of title
49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight movement;
and
``(C) that the metropolitan planning organization
and the owner of the facility have a public plan for
maintaining and operating the new asset while
continuing progress in achieving a state of good repair
as described in subparagraph (A).''.
(2) Public transportation.--Section 5303(h)(1) of title 49,
United States Code, is amended--
(A) by redesignating subparagraphs (F) through (I)
as subparagraphs (H) through (K), respectively; and
(B) by inserting after subparagraph (E) the
following:
``(F) reduce carbon dioxide and other greenhouse
gas emissions;
``(G) decrease per capita vehicle miles
traveled;''.
(b) Statewide and Nonmetropolitan Transportation Planning.--
(1) Federal-aid highways.--Section 135(d) of title 23,
United States Code, is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (F)
through (J) as subparagraphs (H) through (L),
respectively; and
(ii) by inserting after subparagraph (E)
the following:
``(F) reduce carbon dioxide and greenhouse gas
emissions;
``(G) decrease per capita vehicle miles
traveled;''; and
(B) by adding at the end the following:
``(4) Analysis of projects that increase traffic
capacity.--
``(A) Definitions.--In this paragraph:
``(i) Covered project.--The term `covered
project' means a project that--
``(I) uses funds made available
under this title to increase traffic
capacity, including--
``(aa) by adding new travel
lanes, including on an existing
road; or
``(bb) by converting
shoulder lanes into new travel
lanes; or
``(II) is projected to receive not
less than $25,000,000 of Federal funds
made available under this title.
``(ii) Environmental justice community.--
The term `environmental justice community'
means a community with significant
representation of communities of color, low-
income communities, or Tribal and Indigenous
communities, that experiences, or is at risk of
experiencing, higher or more adverse human
health or environmental effects.
``(B) Analysis.--In furtherance of the planning
goals described in subparagraphs (F) and (G) of
paragraph (1), a State shall conduct and publish an
analysis of--
``(i) the impact on per capita vehicle
miles traveled, mobile source greenhouse gas
emissions, and non-single-occupancy-vehicle
trips, including trips by bicycle, pedestrian
travel, public transportation, and passenger
rail, prior to approval of each covered project
within the State; and
``(ii) with respect to environmental
justice communities served by the State, air
pollution, toxic air contaminants, and other
environmental justice metrics measured by a
Federal environmental justice tool, such as the
environmental justice mapping and screening
tool created by the Environmental Protection
Agency.
``(5) Requirement for new capacity projects.--Before
carrying out a project to construct new capacity for single
occupancy passenger vehicles, a State shall submit to the
Secretary and make publicly available documents that
demonstrate--
``(A) that the State has shown progress in
achieving a state of good repair on the National
Highway System, as defined in the asset management plan
of the State under section 119(e);
``(B) that the project--
``(i) supports the achievement of
performance targets of the State established
under section 150; and
``(ii) is more cost effective, as
determined by a benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a public
transportation project eligible for
assistance under chapter 53 of title
49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight movement;
and
``(C) that the State has a public plan for
maintaining and operating the new asset while
continuing progress in achieving a state of good repair
as described in subparagraph (A).''.
(2) Public transportation.--Section 5304(d)(1) of title 49,
United States Code, is amended--
(A) by redesignating subparagraphs (F) through (I)
as subparagraphs (H) through (K), respectively; and
(B) by inserting after subparagraph (E) the
following:
``(F) reduce carbon dioxide and other greenhouse
gas emissions;
``(G) decrease per capita vehicle miles
traveled;''.
SEC. 4. INVESTMENT REQUIREMENTS TO MEET PERFORMANCE GOALS.
Section 119(f) of title 23, United States Code, is amended--
(1) in the subsection heading, by striking ``Conditions''
and inserting ``Conditions; Greenhouse Gas Emissions on Public
Roads''; and
(2) by adding at the end the following:
``(3) Greenhouse gas emissions on public roads.--
``(A) Obligation requirement.--
``(i) In general.--Subject to clause (ii),
if a State reports, in a performance target
report under section 150(e), that the State has
not achieved the targets of the State for
performance measures described in section
150(d) pertaining to the minimum standards for
public roads established by the Secretary under
section 150(c)(7), the State shall be required,
during the following fiscal year--
``(I) to obligate 33 percent of the
amount apportioned to the State under
section 104(b)(1) for the purpose of
achieving the targets through projects
described in clause (iii); and
``(II) to obligate 10 percent of
the amount apportioned to the State
under section 104(b)(2) (other than
amounts suballocated to metropolitan
areas and other areas of the State
under section 133(d)) for the purpose
of achieving the targets through
projects described in clause (iii).
``(ii) Increase.--For each fiscal year
after the date of enactment of this paragraph
that the State does not achieve the targets of
the State for performance measures described in
section 150(d) pertaining to the minimum
standards for public roads established by the
Secretary under section 150(c)(7), the amount
required to be obligated under clause (i)(I)
shall be increased by 2 percent over the amount
required to be obligated in the previous fiscal
year.
``(iii) Projects described.--A project
referred to in clause (i) is any of the
following:
``(I) A project on a Federal-aid
highway.
``(II) Transit expansion, including
an expansion of regular bus routes,
arterial bus rapid transit, highway bus
rapid transit, rail transit, and
intercity passenger rail.
``(III) Transit service
improvements, including an increased
service level.
``(IV) Transit fare reduction or
transit priority treatments.
``(V) A project for active
transportation infrastructure.
``(VI) A project for micromobility
infrastructure and service, including
shared vehicle services.
``(VII) A land use project,
including residential and other density
increases, mixed-use development, and
transit-oriented development.
``(B) Restoration.--The obligation requirement in
subparagraph (A)(i)(I) for a fiscal year shall remain
in effect for each subsequent fiscal year until the
date on which the Secretary determines that the State
has achieved the targets of the State for performance
measures described in section 150(d) pertaining to the
minimum standards for public roads established by the
Secretary under section 150(c)(7).''.
SEC. 5. TRANSIT ACCESSIBILITY.
(a) In General.--Section 5326 of title 49, United States Code, is
amended--
(1) in the section heading, by inserting ``and
accessibility'' after ``management'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means--
``(A) any metropolitan planning area with a
population of not fewer than 250,000 individuals on the
date of enactment of the GREEN Streets Act; and
``(B) any State in which there exists a
metropolitan planning area with a population of not
fewer than 250,000 individuals on the date of enactment
of the GREEN Streets Act.
``(3) First last mile accessibility.--The term `first last
mile accessibility' means the requirement of a traveler to
travel--
``(A) from the starting point of their journey to
the place of transportation; and
``(B) from place of transportation to their final
destination.
``(4) Transit accessibility.--The term `transit
accessibility' means the share of jobs, health care facilities,
grocery stores and other food suppliers, schools, and other
destinations accessible by public transportation in any 45-
minute period.''; and
(C) by adding at the end the following:
``(7) Transit mode share.--The term `transit mode share'
means the percentage of trips taken by public transportation
for both commuting and noncommuting trips.
``(8) Transit stop distance.--The term `transit stop
distance' means the average distance by census block to the
nearest transit stop, passenger station, or terminal providing
regularly scheduled service.'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Transit Access.--
``(1) Standards and performance measures.--Not later than 1
year after the date of enactment of the GREEN Streets Act, the
Secretary shall establish national transit access standards and
performance measures for--
``(A) transit accessibility;
``(B) transit stop distance;
``(C) transit mode share;
``(D) first last mile accessibility; and
``(E) accessibility for individuals with
disabilities in accordance with guidance issued by the
Access Board on accessibility for transportation
vehicles, streets, and sidewalks.
``(2) Performance targets and initial report.--Not later
than 180 days after the date on which the Secretary establishes
the standards and performance measures under paragraph (1), the
Secretary shall--
``(A) require each covered entity to--
``(i) establish targets for the covered
entity relating to each of the standards and
performance measures described in paragraph
(1); and
``(ii) submit to the Secretary a report
describing--
``(I) the performance of the
covered entity with respect to each of
the standards and performance measures
described in paragraph (1); and
``(II) by functional
classification, the share of housing
units and roadways in the covered
entity that have--
``(aa) sidewalks;
``(bb) crosswalks;
``(cc) dedicated bike
lanes; or
``(dd) other forms of
dedicated nonmotorized
facilities; and
``(B) provide technical assistance, including
analytical tools, to assist a covered entity in--
``(i) establishing targets under
subparagraph (A)(i); and
``(ii) reporting on performance under
subparagraph (A)(ii).''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by striking the item relating to section
5326 and inserting the following:
``5326. Transit asset management and accessibility.''.
SEC. 6. REPORTS AND TECHNICAL ASSISTANCE.
(a) In General.--Section 5326(c) of title 49, United States Code
(as amended by section 5(a)(4)), is amended by adding at the end the
following:
``(3) Subsequent reports.--
``(A) Timing.--Not later than 180 days after
receipt of the initial report under paragraph
(2)(A)(ii), the Secretary shall establish a schedule
for the submission of subsequent reports by each
covered entity.
``(B) Contents.--Each subsequent report under this
paragraph shall describe--
``(i) the progress of the covered entity in
meeting the targets of the covered entity
relating to the standards and performance
measures described in paragraph (1), including
any change in performance since the submission
of the previous report;
``(ii) any revision of existing targets or
establishment of new targets relating to the
standards and performance measures described in
paragraph (1); and
``(iii) any proposal for the revision of
existing targets or the establishment of new
targets relating to the standards and
performance measures described in paragraph
(1).
``(C) Technical assistance.--The Secretary shall
provide technical assistance, including analytical
tools, to assist a covered entity in--
``(i) reporting on performance under this
paragraph; and
``(ii) establishing or revising performance
targets relating to the standards and
performance measures described in paragraph
(1).
``(4) Other entities.--
``(A) In general.--With respect to any State or
community that is not a covered entity, including a
rural community or Tribal community, the Secretary
shall provide technical assistance, including
analytical tools, to assist those entities with
reaching each of the standards and performance measures
described in paragraph (1).
``(B) Rule of construction.--Nothing in
subparagraph (A) requires any entity described in that
subparagraph to comply with the standards, performance
measures, or reporting requirements under this
subsection.''.
(b) Metropolitan Transportation Planning.--Section
5303(h)(2)(B)(i)(I) of title 49, United States Code, is amended by
striking ``title 23,'' and inserting ``title 23 and section 5326,''.
(c) Conforming Amendments.--
(1) Section 134(h)(2)(B)(ii) of title 23, United States
Code, is amended by striking ``5326(c)'' and inserting
``5326(d)''.
(2) Section 135(d)(2)(B)(ii) of title 23, United States
Code, is amended by striking ``5326(c)'' and inserting
``5326(d)''.
(3) Section 5303(h)(2)(B)(ii) of title 49, United States
Code, is amended by striking ``5326(c)'' and inserting
``5326(d)''.
(4) Section 5304(d)(2)(B)(ii) of title 49, United States
Code, is amended by striking ``5326(c)'' and inserting
``5326(d)''.
(5) Section 5309(c)(1)(C) of title 49, United States Code,
is amended by striking ``5326(c)(2)'' and inserting
``5326(d)(2)''.
(6) Section 5337(a)(4)(B) of title 49, United States Code,
is amended by striking ``5326(d)'' and inserting ``5326(e)''.
(7) Section 24904(d)(2)(A) of title 49, United States Code,
is amended by striking ``5326(a)(3)'' and inserting
``5326(a)(6)''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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