,,ii #aaith ,,congress #ast ,session ,s4 #bhij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah 7legislative day1 ,september #af71 #bjbe ,mr4 ,markey 7for himself1 ,mr4 ,padilla1 ,mr4 ,merkley1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to require transportation planners to consider projects and strategies to reduce greenhouse gas emissions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,generating ,resilient1 ,environmentally ,exceptional ,national ,streets ,act or the ,,green ,streets ,act4 #b4 ,public roads performance measures ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,combating climate change ,to reduce carbon dioxide and other greenhouse gas emissions and improve the resilience of the transportation system4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the paragraph designation and all that follows through ,not later and inserting the following3 7#a7 ,rulemaking 7,a7 ,in general ,not later 2 and 7ii7 by adding at the end the following3 7,b7 ,updates ,the ,secretary shall periodically update the rulemaking promulgated under subparagraph 7,a7 as necessary1 including to implement the amendments made to this section by the ,,green ,streets ,act4 2 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 transit accessibility 7as defined in section #ecbf7;a7 of title #di72 7,d7 transit stop distance 7as defined in section #ecbf7;a7 of title #di72 and 7,e7 transit mode share 7as defined in section #ecbf7;a7 of title #di74 2 and 7,c7 by adding at the end the following3 7#g7 ,performance goals for public roads ,for the purpose of carrying out section #aai7;f77#c71 the ,secretary shall establish-- 7,a7 minimum standards for ,states to use in decreasing per capita vehicle miles traveled on public roads1 including through-- 7i7 alignment of zoning and land use policy and planning2 7ii7 investment in active and safe transportation infrastructure1 such as sidewalks1 trails1 and bike lanes2 7iii7 public transit and safe multimodal access to public transit2 and 7iv7 intercity passenger service by train or bus2 7,b7 minimum standards for ,states to use in improving the resilience of public roads2 7,c7 in consultation with the ,administrator of the ,environmental ,protection ,agency1 minimum standards for the reduction of greenhouse gas emissions on public roads1 with the goal of achieving net-zero emissions2 and 7,d7 measures for ,states to use to assess-- 7i7 carbon dioxide emissions on public roads2 7ii7 air pollutants and multipollutants on public roads1 including noise pollution2 and 7iii7 any other greenhouse gas emissions on public roads1 as determined to be appropriate by the ,secretary4 2 and 7#c7 in subsection 7d77#a7-- 7,a7 by striking subsection 7c71 each ,state shall set and inserting subsection 7c77#a77;,a71 and not later than #a year after each update of that rulemaking under subsection 7c77#a77;,b71 each ,state shall set or update1 as applicable12 and 7,b7 by striking and 7#f7 and inserting 7#f71 and 7#g74 #c4 ,analysis for road capacity expansion projects 7a7 ,metropolitan transportation planning 7#a7 ,federal-aid highways ,section #acd7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,f7 through 7,j7 as subparagraphs 7,h7 through 7,l71 respectively2 and 7ii7 by inserting after subparagraph 7,e7 the following3 7,f7 reduce carbon dioxide and other greenhouse gas emissions2 7,g7 decrease per capita vehicle miles traveled2 2 and 7,b7 by adding at the end the following3 7#d7 ,analysis of projects that increase traffic capacity 7,a7 ,definitions ,in this paragraph3 7i7 ,covered project ,the term covered project means a project that-- 7,i7 uses funds made available under this title to increase traffic capacity1 including-- 7aa7 by adding new travel lanes1 including on an existing road2 or 7bb7 by converting shoulder lanes into new travel lanes2 or 7,,ii7 is projected to receive not less than #be1jjj1jjj of ,federal funds made available under this title4 7ii7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and ,indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7,b7 ,analysis ,in furtherance of the planning goals described in subparagraphs 7,f7 and 7,g7 of paragraph 7#a71 a metropolitan planning organization1 with input from local community-based organizations with relevant expertise1 shall conduct and publish an analysis of-- 7i7 the impact on per capita vehicle miles traveled1 mobile source greenhouse gas emissions1 and non-single-occupancy-vehicle trips1 including trips by bicycle1 pedestrian travel1 public transportation1 and passenger rail1 prior to approval of each covered project within the metropolitan planning area2 and 7ii7 with respect to environmental justice communities served by the metropolitan planning organization1 air pollution1 toxic air contaminants1 and other environmental justice metrics measured by a ,federal environmental justice tool1 such as the environmental justice mapping and screening tool created by the ,environmental ,protection ,agency4 7#e7 ,requirement for new capacity projects ,before carrying out a project to construct new capacity for single occupancy passenger vehicles1 a metropolitan planning organization shall submit to the ,secretary and make publicly available documents that demonstrate-- 7,a7 that the metropolitan planning organization has shown progress in achieving a state of good repair on the ,national ,highway ,system1 as defined in the asset management plan of the ,state under section #aai7;e72 7,b7 that the project-- 7i7 supports the achievement of performance targets of the ,state established under section #aej2 and 7ii7 is more cost effective1 as determined by a benefit-cost analysis1 than-- 7,i7 an operational improvement to the facility or corridor2 7,,ii7 the construction of a public transportation project eligible for assistance under chapter #ec of title #di2 or 7,,iii7 the construction of a non-single occupancy passenger vehicle project that improves freight movement2 and 7,c7 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 7,a74 4 7#b7 ,public transportation ,section #ecjc7;h77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subparagraphs 7,f7 through 7,i7 as subparagraphs 7,h7 through 7,k71 respectively2 and 7,b7 by inserting after subparagraph 7,e7 the following3 7,f7 reduce carbon dioxide and other greenhouse gas emissions2 7,g7 decrease per capita vehicle miles traveled2 4 7b7 ,statewide and nonmetropolitan transportation planning 7#a7 ,federal-aid highways ,section #ace7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,f7 through 7,j7 as subparagraphs 7,h7 through 7,l71 respectively2 and 7ii7 by inserting after subparagraph 7,e7 the following3 7,f7 reduce carbon dioxide and greenhouse gas emissions2 7,g7 decrease per capita vehicle miles traveled2 2 and 7,b7 by adding at the end the following3 7#d7 ,analysis of projects that increase traffic capacity 7,a7 ,definitions ,in this paragraph3 7i7 ,covered project ,the term covered project means a project that-- 7,i7 uses funds made available under this title to increase traffic capacity1 including-- 7aa7 by adding new travel lanes1 including on an existing road2 or 7bb7 by converting shoulder lanes into new travel lanes2 or 7,,ii7 is projected to receive not less than #be1jjj1jjj of ,federal funds made available under this title4 7ii7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and ,indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7,b7 ,analysis ,in furtherance of the planning goals described in subparagraphs 7,f7 and 7,g7 of paragraph 7#a71 a ,state shall conduct and publish an analysis of-- 7i7 the impact on per capita vehicle miles traveled1 mobile source greenhouse gas emissions1 and non-single-occupancy-vehicle trips1 including trips by bicycle1 pedestrian travel1 public transportation1 and passenger rail1 prior to approval of each covered project within the ,state2 and 7ii7 with respect to environmental justice communities served by the ,state1 air pollution1 toxic air contaminants1 and other environmental justice metrics measured by a ,federal environmental justice tool1 such as the environmental justice mapping and screening tool created by the ,environmental ,protection ,agency4 7#e7 ,requirement for new capacity projects ,before carrying out a project to construct new capacity for single occupancy passenger vehicles1 a ,state shall submit to the ,secretary and make publicly available documents that demonstrate-- 7,a7 that the ,state has shown progress in achieving a state of good repair on the ,national ,highway ,system1 as defined in the asset management plan of the ,state under section #aai7;e72 7,b7 that the project-- 7i7 supports the achievement of performance targets of the ,state established under section #aej2 and 7ii7 is more cost effective1 as determined by a benefit-cost analysis1 than-- 7,i7 an operational improvement to the facility or corridor2 7,,ii7 the construction of a public transportation project eligible for assistance under chapter #ec of title #di2 or 7,,iii7 the construction of a non-single occupancy passenger vehicle project that improves freight movement2 and 7,c7 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 7,a74 4 7#b7 ,public transportation ,section #ecjd7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subparagraphs 7,f7 through 7,i7 as subparagraphs 7,h7 through 7,k71 respectively2 and 7,b7 by inserting after subparagraph 7,e7 the following3 7,f7 reduce carbon dioxide and other greenhouse gas emissions2 7,g7 decrease per capita vehicle miles traveled2 4 #d4 ,investment requirements to meet performance goals ,section #aai7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking conditions and inserting conditions2 greenhouse gas emissions on public roads2 and 7#b7 by adding at the end the following3 7#c7 ,greenhouse gas emissions on public roads 7,a7 ,obligation requirement 7i7 ,in general ,subject to clause 7ii71 if a ,state reports1 in a performance target report under section #aej7;e71 that the ,state has not achieved the targets of the ,state for performance measures described in section #aej7;d7 pertaining to the minimum standards for public roads established by the ,secretary under section #aej7;c77#g71 the ,state shall be required1 during the following fiscal year-- 7,i7 to obligate #cc percent of the amount apportioned to the ,state under section #ajd7;b77#a7 for the purpose of achieving the targets through projects described in clause 7iii72 and 7,,ii7 to obligate #aj percent of the amount apportioned to the ,state under section #ajd7;b77#b7 7other than amounts suballocated to metropolitan areas and other areas of the ,state under section #acc7;d77 for the purpose of achieving the targets through projects described in clause 7iii74 7ii7 ,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 #aej7;d7 pertaining to the minimum standards for public roads established by the ,secretary under section #aej7;c77#g71 the amount required to be obligated under clause 7i77,i7 shall be increased by #b percent over the amount required to be obligated in the previous fiscal year4 7iii7 ,projects described ,a project referred to in clause 7i7 is any of the following3 7,i7 ,a project on a ,federal-aid highway4 7,,ii7 ,transit expansion1 including an expansion of regular bus routes1 arterial bus rapid transit1 highway bus rapid transit1 rail transit1 and intercity passenger rail4 7,,iii7 ,transit service improvements1 including an increased service level4 7,,iv7 ,transit fare reduction or transit priority treatments4 7,v7 ,a project for active transportation infrastructure4 7,,vi7 ,a project for micromobility infrastructure and service1 including shared vehicle services4 7,,vii7 ,a land use project1 including residential and other density increases1 mixed-use development1 and transit-oriented development4 7,b7 ,restoration ,the obligation requirement in subparagraph 7,a77i77,i7 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 #aej7;d7 pertaining to the minimum standards for public roads established by the ,secretary under section #aej7;c77#g74 4 #e4 ,transit accessibility 7a7 ,in general ,section #ecbf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting and accessibility after management2 7#b7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#e7 and 7#f71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,covered entity ,the term covered entity means-- 7,a7 any metropolitan planning area with a population of not fewer than #bej1jjj individuals on the date of enactment of the ,,green ,streets ,act2 and 7,b7 any ,state in which there exists a metropolitan planning area with a population of not fewer than #bej1jjj individuals on the date of enactment of the ,,green ,streets ,act4 7#c7 ,first last mile accessibility ,the term first last mile accessibility means the requirement of a traveler to travel-- 7,a7 from the starting point of their journey to the place of transportation2 and 7,b7 from place of transportation to their final destination4 7#d7 ,transit accessibility ,the term transit accessibility means the share of jobs1 health care facilities1 grocery stores and other food suppliers1 schools1 and other destinations accessible by public transportation in any #de-minute period4 2 and 7,c7 by adding at the end the following3 7#g7 ,transit mode share ,the term transit mode share means the percentage of trips taken by public transportation for both commuting and noncommuting trips4 7#h7 ,transit stop distance ,the term transit stop distance means the average distance by census block to the nearest transit stop1 passenger station1 or terminal providing regularly scheduled service4 2 7#c7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#d7 by inserting after subsection 7b7 the following3 7c7 ,transit access 7#a7 ,standards and performance measures ,not later than #a year after the date of enactment of the ,,green ,streets ,act1 the ,secretary shall establish national transit access standards and performance measures for-- 7,a7 transit accessibility2 7,b7 transit stop distance2 7,c7 transit mode share2 7,d7 first last mile accessibility2 and 7,e7 accessibility for individuals with disabilities in accordance with guidance issued by the ,access ,board on accessibility for transportation vehicles1 streets1 and sidewalks4 7#b7 ,performance targets and initial report ,not later than #ahj days after the date on which the ,secretary establishes the standards and performance measures under paragraph 7#a71 the ,secretary shall-- 7,a7 require each covered entity to-- 7i7 establish targets for the covered entity relating to each of the standards and performance measures described in paragraph 7#a72 and 7ii7 submit to the ,secretary a report describing-- 7,i7 the performance of the covered entity with respect to each of the standards and performance measures described in paragraph 7#a72 and 7,,ii7 by functional classification1 the share of housing units and roadways in the covered entity that have-- 7aa7 sidewalks2 7bb7 crosswalks2 7cc7 dedicated bike lanes2 or 7dd7 other forms of dedicated nonmotorized facilities2 and 7,b7 provide technical assistance1 including analytical tools1 to assist a covered entity in-- 7i7 establishing targets under subparagraph 7,a77i72 and 7ii7 reporting on performance under subparagraph 7,a77ii74 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ecbf and inserting the following3 #ecbf4 ,transit asset management and accessibility4 4 #f4 ,reports and technical assistance 7a7 ,in general ,section #ecbf7;c7 of title #di1 ,united ,states ,code 7as amended by section #e7;a77#d771 is amended by adding at the end the following3 7#c7 ,subsequent reports 7,a7 ,timing ,not later than #ahj days after receipt of the initial report under paragraph 7#b77;,a77ii71 the ,secretary shall establish a schedule for the submission of subsequent reports by each covered entity4 7,b7 ,contents ,each subsequent report under this paragraph shall describe-- 7i7 the progress of the covered entity in meeting the targets of the covered entity relating to the standards and performance measures described in paragraph 7#a71 including any change in performance since the submission of the previous report2 7ii7 any revision of existing targets or establishment of new targets relating to the standards and performance measures described in paragraph 7#a72 and 7iii7 any proposal for the revision of existing targets or the establishment of new targets relating to the standards and performance measures described in paragraph 7#a74 7,c7 ,technical assistance ,the ,secretary shall provide technical assistance1 including analytical tools1 to assist a covered entity in-- 7i7 reporting on performance under this paragraph2 and 7ii7 establishing or revising performance targets relating to the standards and performance measures described in paragraph 7#a74 7#d7 ,other entities 7,a7 ,in general ,with respect to any ,state or community that is not a covered entity1 including a rural community or ,tribal community1 the ,secretary shall provide technical assistance1 including analytical tools1 to assist those entities with reaching each of the standards and performance measures described in paragraph 7#a74 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 requires any entity described in that subparagraph to comply with the standards1 performance measures1 or reporting requirements under this subsection4 4 7b7 ,metropolitan transportation planning ,section #ecjc7;h77#b77;,b77i77,i7 of title #di1 ,united ,states ,code1 is amended by striking title #bc1 and inserting title #bc and section #ecbf14 7c7 ,conforming amendments 7#a7 ,section #acd7;h77#b77;,b77ii7 of title #bc1 ,united ,states ,code1 is amended by striking #ecbf7;c7 and inserting #ecbf7;d74 7#b7 ,section #ace7;d77#b77;,b77ii7 of title #bc1 ,united ,states ,code1 is amended by striking #ecbf7;c7 and inserting #ecbf7;d74 7#c7 ,section #ecjc7;h77#b77;,b77ii7 of title #di1 ,united ,states ,code1 is amended by striking #ecbf7;c7 and inserting #ecbf7;d74 7#d7 ,section #ecjd7;d77#b77;,b77ii7 of title #di1 ,united ,states ,code1 is amended by striking #ecbf7;c7 and inserting #ecbf7;d74 7#e7 ,section #ecji7;c77#a77;,c7 of title #di1 ,united ,states ,code1 is amended by striking #ecbf7;c77#b7 and inserting #ecbf7;d77#b74 7#f7 ,section #eccg7;a77#d77;,b7 of title #di1 ,united ,states ,code1 is amended by striking #ecbf7;d7 and inserting #ecbf7;e74 7#g7 ,section #bdijd7;d77#b77;,a7 of title #di1 ,united ,states ,code1 is amended by striking #ecbf7;a77#c7 and inserting #ecbf7;a77#f74