Sec. 2002. Safety incentive programs
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Chapter 1 of title 23, United States Code, is amended by adding at the end the following: In this section: The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b). The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1). The term vulnerable road user means a nonmotorist (as that term is used in the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration).
The term vulnerable road user safety focus area means— an urbanized area with combined fatality rate of vulnerable road users that is greater than 1.5 per 100,000 individuals; or a State in which fatalities of vulnerable road users combined represents not less than 15 percent of the total annual crash fatalities in the State. For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this section for that fiscal year in accordance with paragraph (2).
The amount for each State shall be determined by multiplying the total amount of funding made available to carry out this section for the applicable fiscal year by the ratio that— the total base apportionment for the State under section 104(c); bears to the total base apportionments for all States under section 104(c). A State shall use 50 percent of the amount distributed to the State under subsection
(b)for each fiscal year to carry out the eligible activities under paragraph (2). Subject to paragraph (4)(A), a State shall use the funds under paragraph
(1)for a highway safety improvement project or strategy included on the State strategic highway safety plan (as defined in section 148(a)) of the State. POs Subject to paragraph (4)(B), a metropolitan planning organization that is required to obligate funds under subsection
(e)shall use the funds under paragraph
(1)for a highway safety improvement project (as defined in section 148(a)). The Federal share of the cost of a project carried out with funds under paragraph
(1)shall be determined in accordance with section 120. Notwithstanding paragraph (2)(A), a State that is a vulnerable road user safety focus area shall use the funds under paragraph
(1)for a highway safety improvement project (as defined in section 148(a)) to improve the safety of vulnerable road users, regardless of whether the project is included on the State strategic highway safety plan (as defined in section 148(a)) of the State. POs Notwithstanding paragraph (2)(B), a metropolitan planning organization that is required to obligate funds under subsection
(e)that contains an area designated as a vulnerable road user safety focus area shall use the funds under paragraph
(1)for a highway safety improvement project (as defined in section 148(a)) to improve the safety of vulnerable road users. A State may, in consultation with metropolitan planning organizations within the State, develop and publish a State vulnerable road user safety assessment described in subparagraph (B). A vulnerable road user safety assessment referred to in subparagraph
(A)is an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State, developed in consultation with the metropolitan planning organizations within the State, if any, to improve the safety of vulnerable road users, which shall— include the approximate location within the State of each vulnerable road user fatality during the most recently reported 2-year period of final data from the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration and the operating speed of the roadway at that location; include the corridors within the State on which a vulnerable road user fatality has occurred during the most recently reported 2-year period of final data from the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration and the operating speeds of those corridors; include a list of projects within the State that primarily address the safety of vulnerable road users that— have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and have the potential to be included on the list described in subclause
(II)once the permitting and approval processes for those projects are complete, including the reason for the delay in the completion of those processes, if any; and be reviewed and certified by the Secretary to have met the requirements of this subparagraph. For each project identified by a State under paragraph (1)(B)(iii)(III), to the maximum extent practicable, the Secretary, in consultation with the State, shall use the authority under section 1420 of the FAST Act ( 23 U.S.C. 101 note; Public Law 114–94 ) to accelerate delivery of the project. A State shall use 50 percent of the amounts made available to the State under subsection
(b)for each fiscal year to carry out eligible activities under paragraph (4). A State and any metropolitan planning organization in the State that is required to obligate funds under subsection
(e)may use funds under paragraph
(3)for a project or strategy described in subsection (c)(2). In addition to the eligible activities under subparagraph (A), a State and any metropolitan planning organization in the State that is required to obligate funds under subsection
(e)may use the funds under paragraph
(3)for a project eligible under section 133(b) if— the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, conducted and published a vulnerable road user safety assessment described in paragraph (1)(B) that has been approved by the Secretary under clause
(iv)of that paragraph; or for a State that has previously published a vulnerable road user safety assessment described in paragraph (1)(B) that has been approved by the Secretary under clause
(iv)of that paragraph— the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, updated the estimates described in clauses
(i)and
(ii)of paragraph (1)(B); and the State and the metropolitan planning organization have, within the 4 fiscal years prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, incorporated a vulnerable road user safety assessment described in paragraph (1)(B) into— a long-range transportation plan developed by the metropolitan planning organization under section 134(c), if any; and the long-range statewide transportation plan developed by the State under section 135(f)(1). The Federal share of the cost of a project carried out using funds under paragraph (3)— in the case of a State or metropolitan planning organization within a State that meets the requirements under paragraph (4)(B), may be up to 100 percent, at the discretion of the State; and in the case of a State or metropolitan planning organization within a State that is not described in subparagraph (A), shall be determined in accordance with section 120. For each fiscal year, of the funds made available to a State under subsections
(c)and (d)— 65 percent of each amount shall be obligated, in proportion to their relative shares of the population of the State— in urbanized areas of the State with an urbanized area population of over 200,000; and in other areas of the State; and the remainder may be obligated in any area of the State. Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. Except as provided in subparagraph (B), the amount that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. The State may obligate the funds described in subparagraph
(A)based on other factors if— the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and the Secretary grants the request. Before obligating funds for an activity under subsection
(c)or
(d)in an urbanized area that is not a transportation management area, a State shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out. Before obligating funds for an eligible activity under subsections
(c)and
(d)in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents a rural area of the State prior to determining which activities should be carried out. . The table of sections for chapter I of title 23, United States Code, is amended by adding at the end the following: 171. Formula safety incentive program. .
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