S. 2890

119 S2890 IS: Generating Resilient, Environmentally Exceptional National Streets Act
 U.S. Senate
 2025-09-18
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2890
  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.
1.
Short title
This Act may be cited as the   Generating Resilient, Environmentally Exceptional National Streets Act   or the   GREEN Streets Act  .
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) .
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;
  .
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).
  .
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.
  .
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) .