Sec. 1209. Highway safety improvement program
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Section 148 of title 23, United States Code, is amended— in subsection (a)— in paragraph (4)(B)— by striking only includes a project and inserting includes a project ; in clause
(xiii)by inserting , including the development of a vulnerable road user safety assessment or a vision zero plan under section 1601 of the after INVEST in America Act safety planning ; by amending clause (xviii) to read as follows: Safe routes to school infrastructure-related projects eligible under section 211. ; in clause
(xxvi)by inserting or leading pedestrian intervals after hybrid beacons ; and by striking clause (xxviii) and inserting the following: A pedestrian security feature designed to slow or stop a motor vehicle. Installation of infrastructure improvements, including sidewalks, crosswalks, signage, and bus stop shelters or protected waiting areas. ; in paragraph (11)— in subparagraph (A)— in clause
(ix)by striking and at the end; by redesignating clause
(x)as clause (xi); and by inserting after clause
(ix)the following: State or local representatives of educational agencies to address safe routes to school and schoolbus safety; and ; in subparagraph
(E)by inserting Tribal, after State, ; by redesignating subparagraphs (G), (H), and
(I)as subparagraphs (H), (I), and (J), respectively; and by inserting after subparagraph
(F)the following: includes a vulnerable road user safety assessment described under paragraph (16); ; by redesignating paragraphs (10), (11), and
(12)as paragraphs (12), (13), and (14), respectively; by inserting after paragraph
(9)the following: The term safe system approach means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that— takes into consideration the possibility and likelihood of human error; accommodates human injury tolerance by taking into consideration likely crash types, resulting impact forces, and the human body’s ability to withstand such forces; and takes into consideration vulnerable road users. The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. The term specified safety project includes a project that— promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); facilitates enforcement of traffic safety laws; provides infrastructure and infrastructure-related equipment to support emergency services; conducts safety-related research to evaluate experimental safety countermeasures or equipment; or supports safe routes to school noninfrastructure-related activities described under section 211(e)(2). ; and by adding at the end the following: The term transportation management area means an area designated under section 134(k). The term vulnerable road user means a nonmotorist— with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or described in the term number of non-motorized serious injuries in such section. The term vulnerable road user safety assessment means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l). ; in subsection (c)— in paragraph
(1)by striking (a)(11) and inserting (a)(13) ; and in paragraph (2)— in subparagraph (A)(vi) by inserting , consistent with the vulnerable road user safety assessment after nonmotorized crashes ; in subparagraph (B)(i)— by inserting , consistent with a safe system approach, after identify ; by inserting excessive design speeds and speed limits, after crossing needs, ; and by striking motorists (including motorcyclists), bicyclists, pedestrians, and other highway users and inserting road users ; and in subparagraph (D)(iii) by striking motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users and inserting road users ; in subsection (d)— in paragraph (1)— in subparagraph
(A)by striking Not later than 1 year after the date of enactment of the MAP–21, the and inserting The ; and in subparagraph (B)— in clause
(iv)by inserting and serious injury after fatality ; in clause
(vii)by striking ; and and inserting a semicolon; by redesignating clause
(viii)as clause (ix); and by inserting after clause
(vii)the following: the findings of a vulnerable road user safety assessment of the State; and ; and in paragraph (2)(B)(i) by striking subsection (a)(11) and inserting subsection (a)(13) ; in subsection (e)— in paragraph (1)(C) by striking , without regard to whether the project is included in an applicable State strategic highway safety plan ; and by adding at the end the following: To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. Nothing in this paragraph shall be construed to require a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. A project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. Subparagraph
(A)shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section 104(b). ; in subsection (g)— by amending paragraph
(1)to read as follows: If the Secretary determines that the fatality rate on rural roads in a State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, such State shall be required to— obligate over the 2 fiscal years following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than 7.5 percent of the amounts apportioned to the State under section 104(b)(3) for fiscal year 2020; and include, in the subsequent update to the State strategic highway safety plan, strategies to reduce the fatality rate. Any amounts obligated under subparagraph
(A)shall be from amounts described under section 133(d)(1)(B). The determination described under subparagraph
(A)shall be made on an annual basis. In carrying out a project with an amount obligated under subparagraph (A), a State shall consult with, as applicable, local governments, metropolitan planning organizations, and regional transportation planning organizations. ; in paragraph (2)— in the heading by striking and inserting drivers ; road users by striking drivers and pedestrians and inserting road users ; and by striking address the increases in and inserting reduce ; and by adding at the end the following: Beginning on the date of enactment of the INVEST in America Act , the Secretary shall determine on an annual basis whether the number of vulnerable road user fatalities and serious injuries per capita in a State over the most recent 2-year period for which data are available exceeds the median number fatalities in all such areas over such 2-year period. If the Secretary determines that the number of vulnerable road user fatalities and serious injuries per capita in a State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita over such 2-year period among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020 (less any amounts obligated for projects in that State as required by subparagraph (B)(ii)) for— in the first two fiscal years after the enactment of the INVEST in America Act — performing the vulnerable road user safety assessment as required by subsection (l); providing matching funds for transportation alternatives safety projects as identified in section 133(h)(7)(B); or projects eligible under subparagraphs (A), (B), (C), or
(I)of section 133(h); and in each 2-year period thereafter, projects identified in the program of projects described in subsection (l)(2)(C). The Secretary shall determine on an annual basis whether the number of vulnerable road user fatalities per capita in a transportation management area over the most recent 2-year period for which data are available exceeds the median number fatalities in all such areas over such 2-year period. If the Secretary determines that the number of vulnerable road user fatalities per capita in the transportation management area over the most recent 2-year period for which data are available exceeds the median number of such fatalities over such 2-year period among all such areas, then there shall be required to be obligated over the 2 fiscal years following the fiscal year in which such determination is made, for projects identified in the program of projects described in subsection (l)(7)(C), an amount that is not less than 50 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020. The obligation requirement described in clause
(ii)shall not take effect until the subject metropolitan planning organization has developed the vulnerable road user safety assessment described in subsection (l)(7). Any amounts required to be obligated under this paragraph shall be from amounts apportioned under section 104(b) except for— amounts described in section 133(d)(1)(A); and amounts set aside under section 133(h). If an area subject to the obligation requirement described in subparagraph (B)(ii) is located in a State required to obligate funds to vulnerable road user safety under subparagraph (A)(ii), any obligations in such State for projects identified in the program of projects described in subsection (l)(7)(C) shall count toward such State’s obligation requirement under subparagraph (A)(ii). ; in subsection (h)(1)(A)— by inserting , including any efforts to reduce vehicle speed after under this section ; and by inserting and projects identified under a vulnerable road user safety assessment after projects ; and by adding at the end the following: Not later than 1 year after date of enactment of the INVEST in America Act , each State shall create a vulnerable road user safety assessment. A vulnerable road user safety assessment required under paragraph
(1)shall include— a description of the location within the State of each vulnerable road user fatality and serious injury, including, if available, the design speed of the roadway at any such location; a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury, including, if available, the design speeds of such corridors; and a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B). In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. In creating a vulnerable road user safety assessment under this subsection, a State shall— take into consideration a safe system approach; and coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B). A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan. The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users. A metropolitan planning organization representing a transportation management area shall, in consultation with local governments in such area, complete a vulnerable road user safety assessment based on the most recent 5 years of available data at least once every 4 years. The assessment completed under subparagraph
(A)shall include— a description of the location within the area of each vulnerable road user fatality and, if available, serious injury; a description of any corridors that represent a high-risk area identified under paragraph (2)(B) or have otherwise been identified by the metropolitan planning organization or local government that pose a high risk of a vulnerable road user fatality or serious injury; and a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B). . Section 148 of title 23, United States Code, is amended— in the heading for subsection (a)(8) by striking and inserting Road users ; and Road user in subsection (i)(2)(D) by striking safety safety and inserting safety . Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall update the study described in paragraph
(1)of section 1112(b) of MAP–21 ( 23 U.S.C. 148 note). Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an updated report of the report described in paragraph
(2)of section 1112(b) of MAP–21 ( 23 U.S.C. 148 note). Not later than 180 days after the date of submission of the report described in paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 ( 23 U.S.C. 148 note).
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Sec. 1209
Highway safety improvement program
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