H.R. 5465 — GREEN Streets Act

This section revises national goals and performance measures for the Federal-aid highway program (i.e., performance-based requirements that states must meet to receive federal highway funding under the National Highway Performance Program (NHPP) and related programs) as follows: (1) adds "combating climate change" as a new goal (b)(7) to reduce carbon dioxide and other greenhouse gas emissions and improve transportation system resilience (redesignating former goal (7) on reduced project delivery delays as (8)); (2) in performance measure rulemaking under subsection (c), requires periodic updates by the Secretary of Transportation (including to implement this Act), adds transit accessibility, transit stop distance, and transit mode share (as defined in 49 U.S.C. 5326(a)) to measures in paragraph (5), and establishes new paragraph (7) minimum standards for NHPP public roads—including per capita vehicle miles traveled reductions via land use alignment, active transportation infrastructure, transit access, and intercity rail/bus service; public road resilience improvements; greenhouse gas emission reductions toward net-zero (in consultation with EPA); and related emission assessments (carbon dioxide, air pollutants including noise, and other greenhouse gases); and (3) requires states to set or update performance targets not later than one year after each rulemaking update (previously, after initial rulemaking only).

This section amends metropolitan transportation planning requirements under 23 U.S.C. §134 and 49 U.S.C. §5303, and statewide and nonmetropolitan planning requirements under 23 U.S.C. §135, to incorporate two new planning factors—(1) reduce carbon dioxide and other greenhouse gas emissions and (2) decrease per capita vehicle miles traveled. For metropolitan planning organizations (MPOs), the section requires, prior to approval of each covered project (i.e., a project using title 23 funds to increase traffic capacity by adding new travel lanes or converting shoulder lanes, or projected to receive $25 million or more in such funds), publication of an analysis—with input from local community-based organizations—of impacts on per capita vehicle miles traveled, mobile source greenhouse gas emissions, non-single-occupancy-vehicle trips (e.g., bicycle, pedestrian, public transportation, passenger rail), and environmental justice metrics in affected environmental justice communities (i.e., communities with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities experiencing or at risk of higher adverse health or environmental effects), as measured by a federal tool such as EPA's environmental justice mapping and screening tool. Before carrying out a project to construct new capacity for single-occupancy passenger vehicles, an MPO (or a State, for statewide planning) must submit to the Secretary of Transportation and publicly post documents demonstrating (1) progress toward a state of good repair on the National Highway System per the state's asset management plan under 23 U.S.C. §119(e); (2) that the project supports state performance targets under 23 U.S.C. §150 and is more cost-effective, per benefit-cost analysis, than operational improvements, public transportation projects under 49 U.S.C. ch. 53, or non-single-occupancy-vehicle freight projects; and (3) a public plan for maintaining and operating the new asset while continuing state-of-good-repair progress. (Thus, the changes prioritize emissions reductions, maintenance over expansion, alternatives to highway capacity increases, and protections for environmental justice communities in federally funded transportation planning.)

This section establishes obligation requirements in the National Highway Performance Program (NHPP; 23 U.S.C. 119(f)) for states that fail to achieve greenhouse gas emissions targets on public roads, as reported under performance target requirements (23 U.S.C. 150(e)) and measured against minimum standards set by the Secretary (23 U.S.C. 150(c)(7)). If a state misses these targets, it must obligate, in the following fiscal year, (1) 33% of funds apportioned under 23 U.S.C. 104(b)(1) (NHPP) and (2) 10% of funds apportioned under 23 U.S.C. 104(b)(2) (excluding suballocations under 23 U.S.C. 133(d)) for specified projects on Federal-aid highways, transit expansions or improvements, active transportation or micromobility infrastructure, or land use projects (e.g., density increases, transit-oriented development); the NHPP obligation percentage increases by 2% annually for continued failure and remains in effect until targets are met. (Thus, noncompliant states must redirect federal-aid highway funds to emissions-reduction projects.)

This section revises the transit asset management requirements (49 USC 5326) to incorporate transit accessibility, including by amending the section heading to "Transit asset management and accessibility"; adding definitions for "covered entity" (i.e., metropolitan planning areas with populations of 250,000 or more, or states containing such areas), "first last mile accessibility" (i.e., traveler distance to/from public transportation), "transit accessibility" (i.e., share of key destinations reachable by public transportation within 45 minutes), "transit mode share" (i.e., percentage of trips by public transportation), and "transit stop distance" (i.e., average census block distance to transit stops/stations/terminals); and redesignating existing subsections (c) and (d) as (d) and (e). It further inserts new subsection (c), directing the Secretary of Transportation, not later than one year after enactment, to establish national transit access standards and performance measures covering transit accessibility, transit stop distance, transit mode share, first last mile accessibility, and accessibility for individuals with disabilities (per Access Board guidance). Not later than 180 days thereafter, the Secretary must require each covered entity to establish related performance targets and submit an initial report on its performance and the share of housing units and roadways (by functional classification) with sidewalks, crosswalks, dedicated bike lanes, or other nonmotorized facilities; the Secretary must also provide technical assistance and analytical tools to covered entities. (As background, the transit asset management system requires recipients of Federal Transit Administration funding to develop plans for maintaining public transportation capital assets in a state of good repair.)

This section amends 49 USC 5326(c) to require the Secretary of Transportation to establish, not later than 180 days after receiving initial safety performance reports from covered public transit entities (i.e., certain transit agencies subject to the Public Transportation Safety Program), a schedule for those entities to submit subsequent reports describing (1) progress toward safety performance targets, including changes since the prior report; (2) any revisions to or new targets; and (3) proposals for target revisions or new targets. The section further directs the Secretary to provide technical assistance—including analytical tools—to covered entities for reporting and target-setting and to non-covered states or communities (including rural and Tribal communities) to meet safety standards and measures, without requiring their compliance or reporting. (As background, the Public Transportation Safety Program establishes national safety standards and performance measures for public transit agencies to reduce accidents, injuries, and fatalities.) This section also incorporates section 5326 into metropolitan transportation planning processes under 49 USC 5303(h) and makes conforming amendments to update cross-references throughout titles 23 and 49 of the U.S. Code (e.g., changing "5326(c)" to "5326(d)" in multiple provisions).