Policies and Legislation

Although the decision to use Active Transportation is ultimately made by individuals,a number of national, state and local policies can certainly impact choices. Examples of policies that could affect individual choices include:

A national policy providing incentives for using non-motorized modes could increase an individual's likelihood of walking or bicycling to work.

A statewide policy providing funding for bicycle and pedestrian programs may increase the number and usage of bike lanes, routes and trails.

A local policy to fund traffic calming measures could improve safety and encourage walking and bicycling.

Funding is also a critical component in promoting and engaging in Active Transportation. Legislation can be used to set aside funds to support the programs, incentives, and infrastructure that enhance the safety and enjoyability of active commuting. See a summary of the new SAFETEA-LU legislation from The League of American Bicyclists. Several other important pieces of legislation and various national, state and local policies are discussed below...

 

State and Local Policies

City and state planning methods and policy-making can significantly influence a community's bicycle and pedestrian friendliness. Several items that can affect bicyclists and pedestrians include:

  • State Bicycle and Pedestrian Plans
  • Trail and Greenway Plans
  • State Bicycle and Pedestrian Manuals

Regional Policies

In metropolitan areas with a population of 50,000 or greater, regional bicycle and pedestrian planning is often done by Metropolitan Planning Organizations (MPOs). More about MPOs.

City/County Policies

Facility improvements such as bicycle parking, signed routes and paths, and adequate bicycle lanes can encourage walking and bicycling in local communities. Types of City/County policies include local bicycle/pedestrian plans and zoning codes.

Guidance for metropolitan, rural, and tribal planning from the U.S. Department of Transportation.

Workplace Policies

Find information about Bike to Work and Commuter Choice

Helpful Resources

Find links to specific bills related to physical activity and bicycle and pedestrian issues in your state

See a list of State Bicycle and Pedestrian Transportation Coordinators

Get Statewide transportation planning guidance from the U.S. Department of Transportation

Visit the Pedestrian and Bicycle Information Center policy and planning site

Find State Bike/Ped Manuals, Policies and Design Guidelines

National Policies

National Trails System Act (established Rails-to-Trails)

The National Trails System Act (16 USC 1247 (d)), enacted into law in 1968, established four types of national trails: National Scenic Trails ( NST ), National Recreation Trails (NRT), National Historic Trails (NHT), and connecting trails linking the other three types of trails. The purpose of this legislation was to preserve access to outdoor areas and historic regions and promote outdoor recreation activities.

Since its inception, the National Trails Systems Act has been periodically amended. The 1983 amendment, commonly known as the Rails to Trails Act, established the practice of railbanking, an agreement between railroad companies and trail agencies to use out-of-service railroad corridors for recreational trails until the rail line is reactivated. Railbanking has preserved over 4000 miles of corridors in 33 states.

"In addition to providing a safe place for people to enjoy recreational activities, rail-trails also function as viable transportation corridors. Rail-trails tend to be flat and direct, and often connect residential and business districts, so many people find rail-trails convenient as a primary means of getting safely to and from work, school, shopping areas and other destinations" (Rails to Trails Conservancy).

Visit the Rails to Trails Conservancy website to learn more or search for trails in your area.

Congestion Mitigation and Air Quality Improvement (CMAQ)

Air quality has become a major problem for many urban areas in the United States . Clean air is an important part of a healthy environment and necessary for a high quality of life.

The CMAQ Program was an amendment to the Clean Air Act designed to accelerate attainment of the National Ambient Air Quality Standards (NAAQS). The program provides funding for transportation projects that will reduce emissions in non-attainment and maintenance areas.

Non-attainment areas are those that have been identified by the Environmental Protection Agency (EPA) as not being in compliance with the National Ambient Air Quality Standards (NAAQS). Maintenance areas are those that are currently meeting the NAAQS but were formerly designated as non-attainment areas.

One way to reduce emissions is to decrease traffic congestion-a major goal of the CMAQ program. CMAQ funds can be used to support transit, bicycle and pedestrian projects that will reduce automobile travel and congestion.

Visit the CMAQ website for more details.

Transportation Enhancements (TE)

According to the Federal Highway Administration, transportation enhancements are "transportation-related activities that are designed to strengthen the cultural, aesthetic, and environmental aspects of the nation's inter-modal transportation system. The transportation enhancements program provides for the implementation of a variety of non-traditional projects, with examples ranging from the restoration of historic transportation facilities, to bike and pedestrian facilities, to landscaping and scenic beautification, and to the mitigation of water pollution from highway runoff."

The transportation enhancements program (TE) was authorized under ISTEA and renewed under TEA-21. TE funds can be used to reconstruct, refurbish or rehabilitate bicycle and pedestrian facilities, but should not be used for facility operations or maintenance. These funds are intended to be used on facilities that are geared towards transportation, not just recreation. Educational activities to encourage safe walking and bicycling are also eligible for TE funds.

Under this legislation, 10 percent of a state's surface transportation program funds may be used for bicycle and pedestrian projects, historic preservation and other projects.

Visit the Transportation Enhancements website for more information.

Transportation Planning Capacity Building Program

"The Transportation Planning Capacity Building (TPCB) Program is a collaborative effort of the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) with various public and private organizations. Broadly speaking, it exists to help state and local transportation staff meet their complex political, social, economic, and environmental demands. On a practical level, the TPCB Program provides information, training, and technical assistance to help transportation professionals create plans and programs that respond to the needs of the many users of their local transportation systems." (TPCB)

Visit the Transportation Planning Capacity Building Program website for more information.

Legislation

Transportation Equity Act for the 21st Century (TEA-21)

Enacted on June 9, 1998 , this policy followed ISTEA and provided transportation funding for fiscal years 1998-2003. This legislation included the Bicycle Commuter Act, which allows employers to offer cash reimbursements to employees who commute to work by bicycle, and includes tax benefits for participating employers. Learn more about the bicycle/pedestrian provisions of this legislation or read a summary of TEA-21. On September 30, 2004 President Bush signed a sixth extension of TEA-21 into law (H.R. 5183, P.L. 108-310 [ Text ] [PDF ]). This extension expires midnight May 31, 2005. Visit the FHWA website for moreinformation about extensions and updates.

Pedestrian and Cyclist Equity Act of 2003 (PACE)

The act supports three initiatives - a Transportation and Active Living Program, Safe Routes to School, and a Non-Motorized Transportation Pilot Program. The Transportation and Active Living program was designed to "create, enhance and promote community environments that improve opportunities for people to be physically active in their daily lives through changes in transportation, community design, and architectural policies and programs" (PACE summary). See the Other Campaigns section of this site for more information about Safe Routes to School. The pilot program will be used to determine the "extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities" given the appropriate infrastructure changes" (PACE summary).

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