NEW FEDERAL TRANSPORTATION LEGISLATION

Organizational Updates:

American Planning Association

APPROVAL OF $286.5 BILLION BILL SHIFTS ATTENTION TO STATES, LOCALS

After eleven extensions and more than three years of debate, Congress gave final approval to a five-year, $286.5 billion reauthorization of the nation’s surface transportation law. The final bill, known as SAFETEA-LU, provides a 92 percent minimum guarantee for so-called donor states that contribute more in federal gas taxes than they receive in aid.  The legislation essentially preserves the existing program structure from TEA-21, including the Enhancements and Congestion Mitigation and Air Quality programs. Of the total guaranteed funding approved, $52.6 billion will support transit.

One of the key priorities of planners in reauthorization was increasing the funding set aside for Metropolitan Planning Organizations.  The Senate version of the legislation called for a 1.5% planning set aside.  The final agreement settled on 1.25% for planning, which represents a significant increase and important victory that should improve planning practice and programs in the nation’s MPOs.

The legislation establishes a new Safe Routes to School program. The new program receives $612 million in transportation funds over five years to make it safer for children to walk or bicycle to school. Funding for Safe Routes to School will be distributed to states in proportion to the number of primary and secondary school students in the state, with no state receiving less than $1 million annually. Communities will be able to use the funds to fix hazards and slow traffic on roads, pathways or trails near schools while increasing safety through focused enforcement and education programs. Each state is being directed to create a position of a Safe Routes to School coordinator, and the bill also provides funds for a national Safe Routes to School clearinghouse.

A variety of other new initiatives did make it into the final compromise package.  The Senate-approved 2 percent set aside for stormwater mitigation was dropped.  A provision to ensure that a fair proportion of new safety funds would be spent on pedestrian and bicyclists was also eliminated.

As expected, the bill made some changes to the planning process. Transportation Improvement Programs (TIPs) must be updated at least every four years. Long Range Transportation Plans (LRTPs) must be updated at least every four years for non-attainment areas.  The horizon for conformity determinations was shortened to 10 years.  The bill incorporated new language requiring consideration of natural resource and habitat plans in the transportation planning process.

With reauthorization finally enacted, attention now turns to both the rule making process and implementation at the state and local level.  New rules will be forthcoming from U.S. DOT regarding the revised planning process and local officials will face the challenge of using new resources to make better transportation choices for transit, walking, bicycling, freight movement, and land use and development in their communities and regions.

APA will release a special issue of From Washington in late August detailing important provisions in the massive new transportation law.  An online version of the final conference report is now available on the House Rules Committee website at http://www.house.gov/rules/109textTEALU.htm.

Association for Commuter Transportation  

Congress Passes Transportation Bill

After nearly two years and 11 temporary extensions, Congress has passed a $286 billion transportation bill.  The bill authorizes, through 2009, major highway construction, transit programs,

The more than 1,000 pages of legislation contain last-minute compromises between differing versions of the House and Senate bills.  ACT will digest the bill over the next few weeks and provide members with a summary of relevant sections.

Of particular note to ACT members:

           - Removal of section 1201 in the House version exempting TDM from major congestion

        related programs.

               - Mass transit receives more than $52.6 billion, more than 18 percent of the funded

              programs in the bill.

               - Continues CMAQ funding and adds changes in the planning process.

               - Expands the commuter tax benefit.

               - Adds language related to tolling lanes, including three dollars for non-highway

              applications.

The legislation settles the state “donor” issue and guarantees that by 2008 every state will get back at least 92 percent of what it contributes through federal gas taxes to the Highway Trust Fund.

Lastly, ACT members should thank everyone who has been involved in this process, including Bill Roach, TEA-3 task force chair, Jon Martz, Nick Ramfos, Mike Kodama, Justin Schor, Phil Winters, Kevin Luten, Stuart Anderson, Liz Stutts, Larry Robinson, ACT lobbyist Jason Pavluchuk and the many others who contributed to the success that ACT enjoyed in this reauthorization.

Once reviewed, we will begin the process of determining holes with the current bill and prepare for 2009!

Association of Metropolitan Planning Organizations

8/03/05 Summer Express

As I write, the President and his staff are examining the transportation reauthorization bill, also known as SAFETEA-LU. The bill, which retains much of the original structure of ISTEA and TEA-21, passed the House on July 29^th by a vote of 412 – 8 and later passed the Senate by a vote of 91 – 4. While the bill authorizes approximately $286.5 billion for programs (38 percent more than the overall spending in TEA-21), $2 billion more than the President had originally requested, it appears that he is quite happy with the overall bill, even though he has not officially agreed to sign it yet. Because the first year of the bill is already completed, the remaining funding levels equal approximately $189.48 billion in obligation authority for highway spending through FY 2009 and approximately $45.31 billion in obligated spending authority for transit through FY 2009.

The PL funding levels in SAFETEA-LU increase from a 1% takedown on the core programs in TEA-21 to a 1.25% takedown on the core programs. The PL takedown is not calculated on the $6 billion Safety Program, the newest core program and it is also not calculated to include the equity bonus.

The final bill will guarantee that all states will receive at least 92 cents back on every dollar they pay into the highway trust fund by FY 2008, a year earlier than had been initially proposed. In another major concession to donor states, 92 percent of all highway funds will be distributed to states based on a formula. This percentage will include funding for earmarked projects, although it will not include projects of regional significance.

At the same time that Congress voted on final bill passage, it also passed another extension, lasting until August 14th. This extension should give the President enough time to sign the bill into law.

Association of Programs for Rural Independent Living

SAFETEA update from the Association of Programs for Rural Independent Living per the Pennsylvania Transportation Alliance, a member of the Pennsylvania Alliance of Public Transportation Advocates. The Alliance represents rural and disability public transportation

It is with great pleasure that I inform you of the successes we achieved in the recent reauthorization of the Transportation Bill.  Late last week, the United States Congress finally approved legislation renewing the nation’s highway and public transportation laws.  The bill, called the Safe Accountable Flexible and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU or HR 3), passed overwhelmingly, with a price tag of $286 billion over six years. Please note below that Rural Transit will increase over 85% in the next six years and New Freedom is a stand alone Program!! -- Both are issues we have advocated for for many years now. 

Many, many thanks are due to all of you who took the time to help to generate the almost 400 faxes and hundreds more e-mails concerning this Bill, that were received by more than 100 Members of Congress. Also, to those of you who personally visited your Congressmen and women during the NCIL conference and talked about transportation and New Freedom program. It is heartening to know that our actions did make a difference! Here's what we know at this time: 

New Allocations in millions:

                                           FY2005      FY2006    FY2007   FY2008     FY2009    TOTAL     %Increase

In Addition to the Above:

New Freedom Guidelines:  A new stand-alone New Freedom program designed to assist people with disabilities to access jobs otherwise out of their reach. The program is intended to be a part of the larger and far-reaching New Freedom Initiative introduced by President Bush early in his first term and is intended to go beyond ADA requirements. Both non profits and public transits may be recipients of funds. It covers 80 % of capital expenditures and 50% of operating costs. MORE ON THIS AS WE LEARN MORE!! 

5310:  While there is no general allowance for using the 5310 funds for operating assistance, the Conference Report creates a pilot program to pay for operating assistance in 7 states (Alaska, Oregon, Wisconsin, Minnesota plus three additional undesignated ones to be selected by the Secretary of Transportation) with 1/3 of the 5310 funds in those states allowed to be used operating assistance. States will now be allowed to pay for their matching funds for the 5310 program with other federal funds (normally a 20% match is required and 50% will be required for the operating assistance described above).   

JARC:  Guarantees more than $700 million for the Job Access and Reverse Commute program  (OVER THE COURSE OF 6 YEARS)by turning it into a formula grant program to the states.  The bill also increases the federal share of projects to 80 percent, which will make it easier to get these projects funded. 

RESEARCH:  Sets aside $1 million each year for transportation equity research demonstration programs to improve the quality and quantity of information available on the impact of transportation on low-income and minority communities.

Brookings Metropolitan Policy Program

Taking the High Road

The federal transportation bill awaiting the president's signature represents not a triumph, but a tremendous lost opportunity. Instead of building upon previous reforms, the new $286 billion bill, two years in the making, maintains the status quo while, at the same time, dedicating $24 billion to over 6,000 congressional earmarks and special projects.

Using the Metropolitan Policy Program's Transportation Reform Series as a departure point, a new book, Taking the High Road: A Metropolitan Agenda for Transportation Reform (edited by Bruce Katz and Robert Puentes), examines the improvements to federal transportation finance, management, and accountability that should have happened to meet the pressing needs of today's metropolitan areas.

Moreover, Congress' failure to achieve these reforms hinders broader state and metropolitan economic growth and intelligent infrastructure investment goals, contributing to the disconnect between housing and jobs in many regions.

Natural Gas Vehicle Coalition

Click here for a summary of the provisions of the Conference-approved Energy Bill that directly affect the NGV industry.  While it's a long list, the most important are: (1) the vehicle and infrastructure provisions of the CLEAR ACT; (2) the fuel use incentive (The fuel use incentive is included in the Highway Bill - not the Energy Bill.  This morning, the House passed the Highway Bill reported out of its Conference by a vote of 412-to-8, and the Senate is expected to pass it late this afternoon or this evening); and (3) the Clean School Bus Program (which actually is included in both the Energy Bill and the Highway Bill).  Also listed in the attached summary are some of the key provisions that are directed at promoting fuel cell vehicles, hybrid vehicles and non-NGV alt fuel vehicles.

This just shows that, when it comes to Washington politics, persistence pays off.  For five Congresses, the NGVC has been lobbying for a broad package of incentives, programs and studies in support of the NGV market.  In the last two Congresses, we actually had many of these provisions included in comprehensive energy bills.  And in both Congresses, those bills died at the end of each Congress because of irreconcilable differences (on issues that had nothing to do with our provisions).  Now (at long last), we've been successful. 

PenTrans  www.pentrans.org

STATE TO GET $230 MILLION FOR TRANSPORTATION PROJECTS

Pennsylvania will receive almost $230 million in federal funding for transportation projects under a bill passed Friday in Congress. Under the bill, the state receives $1.13 for every dollar it contributes to a federal highway fund, according to the offices of Republican Sens. Arlen Specter and Rick Santorum, who both praised the passage of the bill.

The full article will be available on the Web for a limited time: http://www.centredaily.com/mld/centredaily/12261401.htm

Newspaper Articles:

Highway Bill Sends Billions to Bike Trails

"We want to figure out how to make these trails useful, not just for fitness but for actual transportation," said Lea Schuster of Transit for Livable Communities in St. Paul.

http://news.yahoo.com/s/ap/20050811/ap_on_re_us/bike_trail_money_1

Rendell Administration Announces $8 Million for Rail-Freight Improvement Projects

Because of Gov. Edward G. Rendell's commitment to stimulating economic development across Pennsylvania and preserving rail-freight service, the commonwealth has doubled its investment in rail-freight assistance funding from $4.25 million to $8.5 million since he took office. Transportation Secretary Allen D. Biehler, P.E. today announced that the State Transportation Commission approved 52 projects worth $8 million that are expected to create 2,375 jobs. "These rail-freight projects are just one more step in Gov. Rendell's journey to a New Pennsylvania, a Pennsylvania with a thriving economy and good paying, family-sustaining jobs," Biehler said. "Increasing use of railroads also will help reduce traffic congestion, wear and tear on roadways and fuel usage, as well as improve air quality."

PennDOT's Rail-Freight Assistance Program funding will be used for the construction, maintenance, repair and rehabilitation of rail lines, rail sidings and grade crossings. A list of the projects and grant recipients, by county, follows:

http://www.dot.state.pa.us/

President Ratifies $286.5b Roads Bill  

President Bush signed the $286.5 billion transportation bill yesterday, saying it would ease traffic congestion throughout the United States, create hundreds of thousands of jobs, and impose stricter vehicular safety standards that will save lives.

The six-year bill, the first major transportation spending measure since 1998, pays for projects from fiscal years 2004 through 2009. The previous highway bill expired Sept. 30, 2003, and Congress repeatedly passed funding extensions for current projects until it could agree on new legislation.

http://www.boston.com/news/nation/washington/articles/2005/08/11/president_ratifies_2865b_roads_bill/

It Is Now Up to State & Local Leaders to Deliver Real Travel Options to the Public

As the President signs the transportation bill, the opportunity to make wiser use of these new transportation dollars now shifts to state and local leaders.

While a drill and drive formulation of our nation's energy and transportation challenges underpinned the Congressional debate, the new law does continue to empower governors, state transportation agency officials and local officials to go beyond business as usual in their transportation investment policies and priorities.

If there was ever a time for greater state leadership, it is now, with polls showing that gas prices cause hardship for a majority of Americans, even before the most recent run up in oil prices.  State leaders in partnership with local officials can take advantage of the flexibility of federal funds to deliver real travel options to the public, reducing the burden of rising transportation costs on families and regional economies and harm to the environment. This means raising commitments to public transportation, walking and bicycling and doing a better job of maintaining and operating systems already in place.

It is now up to our governors, mayors, county executives and other elected officials to make better transportation choices for transit, walking, bicycling, freight movement, and land use and development, mindful of these broader national challenges.  The STPP Coalition calls on state and local leaders to act decisively and fill this void.

http://www.transact.org/

Schuster Confident Funding for Highway Will Continue

Speaking before the editorial board of the Herald-Standard this week, U.S. Rep. Bill Shuster (R-Hollidaysburg) said he is pleased with the recent passage of the $286.5 billion highway bill. Shuster said he is especially happy that Pennsylvania did not become a donor state, meaning that it would have gotten less back in highway dollars than it paid into the federal highway trust fund, which is funded via federal tax on gasoline sales.

http://www.heraldstandard.com/site/news.cfm?newsid=14994578&BRD=2280&PAG=461&dept_id=480247&rfi=6

Regional Highway Travel Survey To Undergo Revision

SPC Orders Work Program Refinement

“We are not overly concerned with the timing of this survey,” said Hassinger. “Our focus is to ensure that the Southwestern Pennsylvania Regional Highway Travel Survey represents the best possible work program.”

http://www.spcregion.org/about_press.shtml

McKeesport Bets on Maglev to be Part of Industrial Future

"The surface transportation bill approved by Congress last week reauthorized two maglev projects for the next six years," U.S. Rep. Mike Doyle, D-Swissvale, said. "One of those projects must be located in Nevada, and the other must be located east of the Mississippi River."

http://www.zwire.com/site/news.cfm?newsid=14989756&BRD=1282&PAG=461&dept_id=182121&rfi=6

AC Commissioners Discuss Route 422 Expansion

A recently-passed transportation bill includes $2.4 million for a study on the feasibility of expanding Route 422 to make it a four-lane highway, including the 24-mile stretch between Indiana and Kittanning.

http://www.pittsburghlive.com/x/tribune-review/trib/newssummary/s_361268.html

Federal Funds Spur I-79 Ramp Project

Cranberry manager Jerry Andree said the township has been in negotiations with Simon and PennDOT for more than two years in an effort to combine PennDOT's planned Route 228 improvements with efforts to add access to property where Simon wants to build an 800,000-square-foot shopping center on about 140 acres. PennDOT plans to widen or add sections to the heavily traveled Route 228 through Adams to Route 8.

http://www.pittsburghlive.com/x/tribune-review/trib/pittsburgh/s_360937.html

Parkway West may become extension of I-376

"Funding is still going to be an issue," said Dan Cessna, executive for PennDOT District 11. "We need to work out the details."

Earlier this year, a consultant's report commissioned by the state found that making the Parkway West, Route 22/30 and Route 60 part of the 43,000-mile federal interstate highway system would require about $91 million in physical modifications, including new signs.

"The question is, does the new legislation waive some of those requirements?" Pennsylvania Transportation Secretary Allen Biehler said. "If we have to commit to the entire $91 million, it would be difficult for the region to afford."

http://www.post-gazette.com/pg/05217/549138.stm

Parkway West - Interstate 376 designation

The following articles describe the funding obtained to funds to redesignate the Parkway West and Beaver Valley Expressway (PA 60) to Interstate 376 with subsequent upgrades to interchanges.

http://pittsburgh.bizjournals.com/pittsburgh/stories/2005/08/01/daily12.html

http://www.timesonline.com/site/news.cfm?newsid=14961781&BRD=2305&PAG=461&dept_id=478569&rfi=6

23 Groups to Share $700,000 in Funding

The total is up from last year's allocation, but less than the $900,000 such organizations received in 2002, said Mark Fatla, executive director of the Community Technical Assistance Center, which aids neighborhood groups.

http://www.post-gazette.com/pg/05215/547695.stm

Transportation Bill Paves the Way for Local Improvements

Congressman Tim Murphy announced $19.6 million for road projects for the 18^th Congressional District was included in the "Transportation Equity Act: A Legacy for Users," H.R. 3, which passed the House of Representatives on July 29. The legislation provides $286 billion in federal highway, transit and road safety projects through 2009.

"The passage of the highway bill is a victory for both commuters and workers," Congressman Murphy said. "Not only will it improve road conditions but it will also provide more job opportunities in the region."

"I want to thank Senator Santorum and Senator Specter for the critical role they played in ensuring Southwestern Pennsylvania received these funds. Thanks to their efforts we have brought more $19.6 million back to the 18^th Congressional District."

The bill also redesignates the transportation corridor which stretches from the City of Pittsburgh at the mouth of the Fort Pitt Tunnel to the intersection of Route 60 North and Interstate 80 in Mercer County as Interstate Route 376. This will help attract new businesses to the region as many companies looking to relocate often look for places near interstates. Interstates are also eligible for more federal funding.

For a list of projects by county, please click the following links: Allegheny County, Washington County, and Westmoreland County.

Residents Get Close-Up of Beltway

The commission has chosen the route it wants to follow but continues to consider two alternatives near Canonsburg Lake. Option 1A would cause 61 residential owners to move. Option 1B, which would pass through Glencannon, would affect 90 property owners.

http://www.pittsburghlive.com/x/valleyindependent/news/s_359510.html

Transportation Bill Brings Bad News for State

Pennsylvania will likely be a big loser when federal transportation funding authorized Friday is divided up over the next five years.

Although Congress approved legislation authorizing more than $284 billion in highway and mass transit funding, Pennsylvania is expected to receive far less than it did when similar legislation was last passed in the 1998.

http://pittsburghlive.com/x/tribune-review/trib/newssummary/s_358713.html

Pennsylvania's Slice of Road Funding Pie Still Undetermined

None of the Pittsburgh regional projects identified so far comes as a surprise. In most cases, the earmarked federal funds provide a fraction of the final costs to accomplish the work and merely keep projects moving along.

Each member of Congress yesterday was provided with lists of funded projects in their districts so they could announce them to constituents.

http://www.post-gazette.com/pg/05211/546171.stm

Rail, 422 Funding In Road Bill

Indiana County and its residents will benefit from at least $5.6 million in federal funds that are a part of the massive highway/transportation legislation approved Friday in Washington, according to U.S. Rep. Bill Shuster, R-Hollidaysburg.

The legislation includes $2.4 million for preliminary work in the engineering and expansion of Route 422 into four lanes between Ebensburg and Kittanning. It also includes $3.2 million to construct a five-mile segment of rail line near Shelocta and to eliminate the use of an existing line and 37 crossings in the Shelocta area.

http://www.zwire.com/site/news.cfm?newsid=14951436&BRD=1078&PAG=461&dept_id=226894&rfi=8

Highway Bill Means Millions for Area

The federal transportation bill passed in Congress on Friday would steer nearly $7 million toward road projects in Beaver County, as well as millions for projects in Allegheny, Butler and Lawrence counties. Beaver County Commissioner Charlie Camp said the funding is "a good thing for Beaver County." He said both the Crows Run and Route 51 projects would create jobs and spur economic development.

http://www.timesonline.com/site/news.cfm?newsid=14954149&BRD=2305&PAG=461&dept_id=478569&rfi=8