S944-119

2. Highway safety improvement program Section 148(a)(4)(B) of title 23, United States Code, is amended— in clause (xxix), by striking through (xxviii) and inserting through (xxx); by redesignating clause (xxix) as clause (xxxi); and by inserting after clause (xxviii) the following: The connection of 2 or more segments of existing bicyclist or pedestrian infrastructure. The reduction of safety risks to vulnerable road users through a project or strategy described in a program of projects or strategies developed pursuant to subsection (l)(2)(B). Section 148(j) of title 23, United States Code, is amended— by striking Except as provided in sections 120 and 130 and inserting the following: Except as provided in sections 120 and 130 and paragraph (2) by adding at the end the following: Notwithstanding any other provision of law, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) may be up to 100 percent if the project is a project described in clause (xxix) or (xxx) of subsection (a)(4)(B). Section 133(h)(7) of title 23, United States Code, is amended— by redesignating subparagraph (C) as subparagraph (E); and by striking subparagraph (B) and inserting the following: Notwithstanding section 120— the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and the Federal share of the cost of an individual project under this subsection may be up to 100 percent. Notwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if— the project includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Federal Highway Administration; the relevant State strategic highway safety plan includes an emphasis area related to vulnerable road users; or the proposed project— was described in a program of projects or strategies developed pursuant to section 148(l); or was identified by a local government, metropolitan planning organization, or regional transportation planning organization, including in a safety plan described in subparagraph (D), as addressing 1 or more areas of high risk to vulnerable road users during the consultation process required under section 148(l)(4)(B) and through a planning process and data-based analysis. A safety plan referred to in subparagraph (C)(iii)(II) is— a pedestrian or bicyclist safety plan; a Complete Streets plan; a local roadway safety plan; a Vision Zero Action Plan; a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an ADA Transition Plan); a Tribal transportation safety plan; a comprehensive safety action plan (as defined in section 24112(a) of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note; Public Law 117–58)); or any other safety plan, as determined by the Secretary. Section 120(c)(1) of title 23, United States Code, is amended, in the first sentence, by inserting Proven Safety Countermeasures for bicyclists or pedestrians (as determined by the Federal Highway Administration), before breakaway utility poles. (xxix)The connection of 2 or more segments of existing bicyclist or pedestrian infrastructure.(xxx)The reduction of safety risks to vulnerable road users through a project or strategy described in a program of projects or strategies developed pursuant to subsection (l)(2)(B).. (1)In generalExcept as provided in sections 120 and 130 and paragraph (2); and (2)ExceptionNotwithstanding any other provision of law, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) may be up to 100 percent if the project is a project described in clause (xxix) or (xxx) of subsection (a)(4)(B).. (B)Flexible financingNotwithstanding section 120—(i)the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and(ii)the Federal share of the cost of an individual project under this subsection may be up to 100 percent.(C)Treatment as non-Federal shareNotwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if—(i)the project includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Federal Highway Administration; (ii)the relevant State strategic highway safety plan includes an emphasis area related to vulnerable road users; or(iii)the proposed project—(I)was described in a program of projects or strategies developed pursuant to section 148(l); or(II)was identified by a local government, metropolitan planning organization, or regional transportation planning organization, including in a safety plan described in subparagraph (D), as addressing 1 or more areas of high risk to vulnerable road users during the consultation process required under section 148(l)(4)(B) and through a planning process and data-based analysis.(D)Safety plans describedA safety plan referred to in subparagraph (C)(iii)(II) is—(i)a pedestrian or bicyclist safety plan;(ii)a Complete Streets plan;(iii)a local roadway safety plan;(iv)a Vision Zero Action Plan;(v)a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an ADA Transition Plan);(vi)a Tribal transportation safety plan;(vii)a comprehensive safety action plan (as defined in section 24112(a) of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note; Public Law 117–58)); or(viii)any other safety plan, as determined by the Secretary..