,,ii #aahth ,,congress #ast ,session ,s4 #cbdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #g1 #bjbc,mr4 ,fetterman introduced the following bill2 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 programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,building ,safer ,streets ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #c4 ,manual on uniform traffic control devices 7a7 ,in general ,section #aji7;d77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,not later than and inserting the following3 7,a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7,b7 ,public accountability 7i7 ,in general ,for the most recent published edition of the ,manual on ,uniform ,traffic ,control ,devices 7as of the date of enactment of the ,building ,safer ,streets ,act71 and not later than #a year after the date of publication of each subsequent update of the ,manual on ,uniform ,traffic ,control ,devices1 the ,secretary shall publish documentation explaining all specific prohibitions against devices or designs1 including-- 7,i7 any considerations to allow local flexibility2 7,,ii7 research in support of the prohibitions1 including the need to actively prohibit a design or practice2 and 7,,iii7 proof of compliance with ,federal law 7including regulations74 7ii7 ,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 7i71 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 ,committee4 4 7b7 ,updates to ,manual on ,uniform ,traffic ,control ,devices ,section #aaace of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aag-eh7 is amended-- 7#a7 in paragraph 7#c71 by adding and at the end2 7#b7 in paragraph 7#d71 by striking 2 and and inserting a period2 and 7#c7 by striking paragraph 7#e74 7c7 ,,gao ,study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the use of the ,manual on ,uniform ,traffic ,control ,devices 7referred to in this subsection as the ,manual7 by ,state and local government traffic engineers1 planners1 and consultants-- 7,a7 to provide an estimate of the extent to which practitioners1 based on a representative sample-- 7i7 exercise engineering discretion as permitted by the ,manual for street designs intended to increase safety and improve multimodal access2 and 7ii7 feel constrained or otherwise discouraged from implementing alternative street designs that improve safety outcomes by the guidelines in the ,manual2 7,b7 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 ,manual1 including requirements for engineering studies2 and 7,c7 to identify the types of facilities1 projects1 and contexts for which discretion to deviate from the ,manual are most frequently sought4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 submit to ,congress a report that describes the findings and conclusions of the study conducted under paragraph 7#a72 and 7,b7 make the report under subparagraph 7,a7 publicly available online4 #d4 ,federal design standards and guidelines 7a7 ,statutory design guidelines ,section #bag7;g77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the first sentence1 by striking given due consideration and inserting accounted for1 where not incompatible12 and 7#b7 in the second sentence1 by striking considered1 where appropriate1 in conjunction and inserting evaluated and1 where appropriate1 incorporated4 7b7 ,regulatory updates 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall update the regulations implementing sections #aji1 #acd1 and #ace of title #bc1 ,united ,states ,code1 to clarify the definition of consideration of all modes4 7#b7 ,inclusions ,the updates under paragraph 7#a7 shall-- 7,a7 outline accepted methods for formal evaluation on all modes of transportation1 including pedestrians and cyclists1 that will count as adequate consideration of all modes2 7,b7 differentiate between urban and suburban1 rural1 and natural area design guidelines for pedestrian and cycling infrastructure1 consistent with the ,bikeway ,selection ,guide published by the ,federal ,highway ,administration and dated ,february #bjai 7or a successor document72 7,c7 take into consideration the land use context surrounding the road or highway2 and 7,d7 affirm the necessity of complete multimodal networks4 7c7 ,categorical exceptions 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall develop a list of categorical design exceptions from standards developed under section #aji7;c7 of title #bc1 ,united ,states ,code1 for categories of multimodal projects and features on ,federal-aid highways4 7#b7 ,inclusions ,the list developed under paragraph 7#a7 shall include categories of multimodal projects and features that-- 7,a7 are recommended by the ,federal ,highway ,administration1 including ,proven ,safety ,countermeasures2 7,b7 improve safety for vulnerable road users2 and 7,c7 are currently subject to the design exception process4 7#c7 ,update ,not less frequently than every #e years1 the ,administrator shall update the list under paragraph 7#a74 7d7 ,multimodal review 7#a7 ,in general ,for each program described in paragraph 7#c71 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 transportation4 7#b7 ,inclusions ,the process referred to in paragraph 7#a7 shall include clear criteria1 including-- 7,a7 the availability of rights-of-way2 7,b7 the presence or absence of facilities on nearby parallel routes1 or the possibility of providing facilities that meet the standards established in regulations implementing sections #aji1 #acd1 and #ace of title #bc1 ,united ,states ,code2 7,c7 latent demand or potential for active transportation trips1 including consideration of future land use2 and 7,d7 other criteria1 as determined by the ,administrator4 7#c7 ,programs described ,a program referred to in paragraph 7#a7 is any of the following3 7,a7 ,the ,strengthening ,mobility and ,revolutionizing ,transportation ,grant ,program established under section #bejje7;b7 of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #ejb note2 ,public ,law #aag-eh74 7,b7 ,competitive awards under the ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 program under section #agf7;d7 of title #bc1 ,united ,states ,code4 7,c7 ,the advanced transportation technologies and innovative mobility deployment grant program under section #ejc7;c77#d7 of title #bc1 ,united ,states ,code 7commonly known as the ,,attain program74 7e7 ,connected networks 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall publish guidance on connected networks that accommodate all modes and users1 including-- 7,a7 design guidance for multimodal streets that include transit and freight networks2 7,b7 context-sensitive design considerations that account for the distinct needs of urban1 rural1 and suburban roads2 and 7,c7 methods to address conflicts between modes when there is not sufficient right-of-way to accommodate separate facilities for all users in a single street1 including reductions in design speed1 designs to improve vulnerable road user visibility1 and other features4 7#b7 ,prioritization ,guidance published under paragraph 7#a7 shall prioritize designs that ensure that all users have access to safe1 comfortable1 reliable1 and healthy transportation options4 7f7 ,transit facilities 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator and the ,administrator of the ,federal ,transit ,administration shall jointly issue guidelines relating to placement of bus stops and associated roadway design4 7#b7 ,inclusions ,the guidelines issued under paragraph 7#a7 shall-- 7,a7 include provisions for locating and designing bus stops in various operating environments that consider convenience1 safety1 pedestrian accessibility1 accessibility for individuals with disabilities1 proximity to key destinations1 density1 and transit operations2 7,b7 include considerations of roadside factors1 bus stop zone design types1 roadway and intersection design1 placement1 and location2 7,c7 provide for a variety of local contexts1 including urban1 suburban1 and rural road conditions2 7,d7 outline best practices for coordination between street departments1 public transportation authorities1 planning departments1 and other relevant authorities on design issues2 7,e7 consider resources published during the preceding #aj years that provide guidelines for the location1 design1 user need1 and context for transit facilities on streets1 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 #bjad1 and the guide of the ,national ,association of ,city ,transportation ,officials entitled ,transit ,street ,design ,guide and published ,april #bjaf2 and 7,f7 prioritize pedestrian and bicycle access to transit and proximity to key destinations4 7#c7 ,grant recipients ,beginning not later than #b years after the date of enactment of this ,act1 the ,administrator of the ,federal ,transit ,administration shall ensure that a recipient of funds under section #ecji of title #di1 ,united ,states ,code1 shall be provided the guidelines issued under paragraph 7#a74 7#d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report that-- 7,a7 describes the guidelines adopted by the ,administrator supporting on-road transit vehicle accommodation1 including guidance on issues such as turning radii1 lane widths1 bus lanes1 bus stop placement1 and transit signal priorities2 and 7,b7 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 #bjad1 the guide of the ,national ,association of ,city ,transportation ,officials entitled ,transit ,street ,design ,guide and published ,april #bjaf1 or another transit facility guide1 and if not1 the reasons why not4 7g7 ,value of time guidance ,section #fgjb7;d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#g7 as paragraphs 7#f7 through 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,value of time ,in selecting projects to receive grants under the program and analyzing the benefits and costs of proposed projects1 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 ,system4 4 7h7 ,study2 report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 carry out a study on the design factors that contributed to fatal crashes on a representative sample of ,federal-aid highways1 including crashes involving pedestrians and cyclists2 and 7#b7 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 7#a74 #e4 ,state guidance 7a7 ,timely updates to ,state guidance and standards ,not later than #b years after the date of enactment of this ,act1 as a condition of the receipt of funds under title #bc1 ,united ,states ,code1 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 roadways4 7b7 ,safety of vulnerable road users ,section #aej7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking ,not later than and inserting ,subject to paragraph 7#c71 not later than2 and 7#b7 by adding at the end the following3 7#c7 ,highway safety improvement program ,in establishing performance targets that reflect the measures identified in subsection 7c77#d71 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 ,state4 4 #f4 ,safe streets for all communities ,section #bdaab of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aag-eh7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#e7 ,small community ,the term small community has the meaning given the term small and rural community in section #bh7;a7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb;a7a774 2 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,small communities 7,a7 ,in general ,of the total amount made available to carry out the program for each fiscal year1 not less than #aj percent shall be set aside for projects carried out by1 or for the benefit of1 a small community that each have-- 7i7 a total estimated cost of less than #a1jjj1jjj2 and 7ii7 an estimated completion date of not more than #e years4 7,b7 ,application ,the ,secretary may develop a modified application process for projects described in subparagraph 7,a7 that reflects small community capacity and project needs4 7,c7 ,considerations ,in selecting projects under subparagraph 7,a71 the ,secretary shall give priority to projects that can demonstrate ineligibility or inability to obtain ,state funding due to the size of the project4 2 7#c7 in subsection 7e7-- 7,a7 by striking ,the ,federal share and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share 2 and 7,b7 by adding at the end the following3 7#b7 ,small communities ,in the case of a grant for a project described in subsection 7c77#c77;,a7 for which the applicant can demonstrate a funding commitment from a ,state or local entity1 the ,secretary may increase the ,federal share of the cost of the project up to #ij percent4 2 and 7#d7 in subsection 7g71 by adding at the end the following3 7#c7 ,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 grant1 particularly nonmotorized traveler volume data4 4