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Stop funding transit like it’s 1982, Congress

Congress has suggested that they may focus on infrastructure in an upcoming stimulus bill. It’s not entirely clear what Congress will do—or if spending on infrastructure is the right way to stimulate the economy right now—but if Congress does want to pass an infrastructure package, they should stop spending money like it’s 1982. 

Upset about this broken status quo? Sign our petition urging Congress to fund public transit and highways equally.

For decades, the U.S. has funded transportation based on the idea that the user pays for the infrastructure through a fee—the gas tax, which has filled the Highway Trust Fund since 1956. In 1982, Congress struck a deal to raise the gas tax, but 1 cent of the 5 cent increase would be dedicated to transit, with the remaining spent on highways. This established the infamous “80-20 split” in transportation spending: highways get 80 percent of funds, and transit only gets 20 percent (though in reality, transit gets much less).

Since then, transportation spending has essentially stayed the same. In the most recent spending bill, Congress appropriated $48.6 billion for highways and only $10.2 billion for transit. But the entire logic behind highways receiving a substantially larger portion of the pie—i.e. drivers were paying for it—came crashing down in 2008, when the trust fund ran out of money because the gas tax was no longer sufficient to cover expenditures. To stay afloat, the trust fund has received huge infusions of general taxpayer dollars totaling $144 billion.

Our transportation dollars are no longer based on a user fee paid by drivers, yet the 80-20 funding split persists. This no longer makes any sense. Even the influx of transportation funds from the Recovery Act in 2009 all came from deficit spending from the general fund—not a single dime came from gas tax user fees—yet the vast majority of funding (roughly 75 percent) went to roads.

Why should we continue to honor a nearly 40-year old system based on a nearly defunct user fee? If Congress pursues an infrastructure package or reauthorization as part of a stimulus bill, it will be wholly outside a user fee construct. Considering that, why shouldn’t transit receive more than 20 percent of transportation dollars? Why shouldn’t transit receive 80 percent or even 100 percent of transportation dollars? We are not saying that other modes should not receive any money. The point is that all assumptions should be questioned and funding should go to projects that create jobs quickly in a stimulus bill and support today’s needs and goals, not those of 40 years ago. 

It’s time for Congress to abandon this obsolete, untenable split in transportation funding.

Congress has already upended status quo

Whether legislators realized it or not, the recently passed $2 trillion CARES Act has already disrupted the status quo to deal with immediate needs. The act includes $25 billion in direct, emergency assistance for transit at a time when revenue is plummeting. That’s more than double what the federal government usually spends on transit in a year. Normally, transit agencies have been barred from using federal funds for operations, typically only providing funds for maintenance and capital (like building new stations, or buying new buses). 

With the passage of the CARES Act, Congress broke with precedent and provided essential funding for transit operations. But we should go further, and end the baseless 80-20 funding split. After all, this pandemic has made it obvious that transit is essential, and it should be funded as such.

With 2.8 million essential workers relying on transit to get to their jobs and countless others depending on it to access food and health care, we need transit to be robust, reliable, and frequent. And we’ll need transit to get tens of millions more people moving once this virus is contained. But giving transit only 20 percent of the pie just won’t cut it. 

According to the Federal Transit Administration, our transit systems face a $98 billion backlog in deferred maintenance. Unlike the road maintenance backlog which has more to do with state DOTs prioritizing new roads instead of maintenance, the transit backlog is due to insufficient funding. There is also great demand for more transit capital funding, and operating support will be critical to ensure that agencies can continue to provide this invaluable service and limit crowding.

We have underfunded transit for decades, and doing so has left too many communities with deteriorating systems and infrequent, unreliable service. It’s time to get rid of the 80-20 split. To get through this crisis and build a robust economy again, we’ll need to fund transit equitably and treat it like the vital public good that it is. 

Oregon DOT provides a wake up call for local leaders in other states

In a move that should raise alarm bells for local leaders in other states, last week the Oregon Department of Transportation decided where to spend nearly $200 million in new money from last year’s FAST Act on their road system with limited to zero public engagement.

Interstate 5 - Oregon

I-5 over the Columbia River in Oregon. Flickr photo by Doug Kerr.

The FAST Act, the five-year transportation bill passed by Congress in late 2015, provided a level of funding certainty for state transportation programs that they’ve not had in years. Thanks to a $70 billion transfer from general taxpayer funds into the Highway Trust Fund, the FAST Act also provided a slight increase in funding for each state. This followed on the heels of $75 billion in transfers total over the prior seven years, just to keep the trust fund solvent.

Yet simply funneling more money into the same system won’t necessarily ensure better outcomes for the taxpayers’ investment or that local priorities will be addressed, and Oregon’s actions could be a preview of what might happen in countless other states, deciding not to equitably distribute the new funds to state and local priorities.

Rather than improve the underlying policies that directs each state’s transportation investments, Congress chose to largely direct the FAST Act’s increased funding into new freight programs, the largest of which is being distributed to states by a formula wholly unrelated to freight needs or merit. (This was one of the provisions we called out in our post covering ten things to know about the FAST Act. –Ed.)

This new National Highway Freight Program will dole out more than $1 billion per year to state DOTs with zero relation to the value or tonnage of the freight moved within its borders. It also predetermines that the solution to any freight problem is highway-related by directing all but 10 percent of each state’s funding to highway development only, disregarding the fact that these funds were not collected from gas taxes.

In addition, the increase in funds in the main highway programs are also directed largely to state DOT owned roads (interstates and highways). Thus, local governments must be prepared to ensure their priorities are addressed and the states share in their newfound resources, however large those may be. 

Case in point: Oregon.

As Bike Portland originally reported back on 3/17, The Oregon Department of Transportation (ODOT), with the approval of its Transportation Commission, programmed $196 million in new funding from the FAST Act on Thursday, March 17. While ODOT is correct that the majority of its new funding is from the highway freight formula program, the agency has misinformed (pdf) their audience by stating the funds must be allocated to “freight-related projects on high-volume, high-priority truck freight routes, primarily the Interstate.”

Congress provides ODOT, and every other state, great flexibility to direct federal highway dollars to priority projects — state or local, highway or non-highway. Every state has the flexibility to transfer 50 percent of its funding for a highway program to a separate highway program such as the highly flexible and locally accessible Surface Transportation Program, which can be used on almost any type of important project.

While nearly 40 percent of the additional $200 million in Oregon will support fix-it-first projects – a priority that Transportation for America supports —95 percent of the new funding will likely go to state-owned highways and almost nothing is done to improve transparency and accountability for the public. To wit: the list of project types receiving funds does not provide a discussion or rationale for which projects will receive the new funding or why any particular project category received funding.

The murky process of picking projects in a way that is nearly impossible for the public to decipher will continue.

ODOT will not begin spending the nearly $200 million in newly programmed funds until 2018, which provides Oregon’s local leaders two years to build their case to receive a greater portion of the new funding from the FAST Act for their priorities.

But today and tomorrow, Oregon’s example illustrates why local leaders in other states need to proactively engage their state representatives and DOT to ensure their state’s new funding from the FAST Act is shared and supports both local and state priorities.

Click here to review the amount of highway funding directed to your state DOT from the FAST Act

President Obama releases robust final budget; summary included

Today, the White House released President Obama’s fiscal year 2017 (FY17) budget proposal, the final of his presidency. This budget adheres to the $1.07 trillion spending cap that resulted from the bipartisan two-year budget deal agreed to last November. The President’s budget proposal either falls in line with or exceeds FAST Act funding levels, increases transit and rail funding, and funds TIGER (the FAST Act does not authorize the program), among other programs. The budget also calls for the creation of a 21st Century Regions program, a clean communities competitive grant program and funds the President’s 21st Century Clean Transportation Plan.

Speaker Ryan (R-WI) has asked congressman to maintain the funding levels agreed to last November, though there are signals that some may seek additional cuts.

Read a more detailed analysis here.

The 1 thing you need to know about President Obama’s clean transportation plan

On February 4, the White House released President Obama’s 21st Century Clean Transportation System plan to be included in his FY2017 budget proposal expected out on February 9. The President asserts that his budget proposal will strengthen the nation’s transportation fund through one-time revenues from business tax reform and a $10 per barrel fee on oil, and make large investments in transit and improve funding for local and regional governments.

“This is a new vision. We’re realistic about near-term prospects in Congress, but we think this can change the debate,” one senior administration official said.

The announcement comes two months after the passage of the 5 year surface transportation bill known as the FAST Act. However, Congressional leaders have not expressed willingness to consider the proposal.

House Majority Whip Steve Scalise (R-LA) made this point clear. “President Obama’s proposed $10 per barrel tax on oil is dead on arrival in the House.”

What the plan proposes

The plan includes a wide range of innovative solutions. It would refocus federal investments to reduce congestion, reform the existing transportation formula programs, and invest in competitive programs, including the popular Transportation Investment Generating Economic Recovery (TIGER) program. It would also increase investments in mass transit funding by $20 billion annually, provide $2 billion for an autonomous and low-emission vehicle pilot, and add $10 billion per year to reform local and regional transportation programs. The latter would include new discretionary grant programs for regions that lower emissions and better link land use decisions with transportation investments.

To pay for these investments, revenues from a $10 per barrel fee paid by oil companies would be phased in over 5 years. During the development of the FAST Act, Congress was unwilling to even hold a floor vote on increasing transportation user-fees, which hasn’t been raised in over 23 years.

Day 1 Wrap Up: Congressional Conference Committee Action

This morning the conference committee for the surface transportation authorization bill met for the first time. The first order of business was appointing Representative Bill Shuster (R-PA) – chair of the House Transportation & Infrastructure Committee – as the conference chair and Senator Jim Inhofe (R-OK) – chair of the Senate Environment & Public Works Committee -as the vice-chair.

Possibly the most revealing item covered during this first official meeting was an early statement from Chairman Shuster (R-PA) that the conference plans to work diligently through the Thanksgiving recess that starts this Thursday, November 19th, to meet a self-imposed deadline of Monday, November 30. The proposed timeline will allow the House and Senate to vote on final passage for the conference agreement before MAP-21 expires on Friday, December 4th (MAP-21 expires this Friday, November 20th, but the House has already passed a bill to extend the authorization to December 4 and the Senate is expected to follow suit today or tomorrow).

There are still a few sticking points that need to be resolved and came up today during each conferee’s opportunity to speak today. Many hold differing positions on the low funding levels for this authorization as well as the non-transportation generated revenue used to pay for the bill. Those in the Northeast took issue with a House provision to remove transit funding dedicated to high-growth states in the northeast and place it in a national competitive bus and bus facilities program. And others, while not objecting to including passenger rail authorization in the surface authorization for the first time ever as expected by this bill, wanted to include greater reform at Amtrak.
We do not expect any further public meetings until the Members of Congress return on November 30, at which time the conference is expected to have finalized this bill. This means that much of the work on the conference report will happen out of view and behind closed doors. If interested, we advise that you contact your member over the Thanksgiving recess and visit them in person if you can about items of importance for you and your community.
Senate Conference Members
Environment & Public Works Committee
Republicans
Jim Inhofe (R-OK)
John Barrasso (R-WY)
Deb Fischer (R-NE) – also a Commerce Committee member
Democrats
Barbara Boxer (D-CA)
Commerce Committee
Republicans
John Thune (R-SD) – also a Finance Committee member
Democrats
Bill Nelson (D-FL) – also a Finance Committee member
Banking Committee
Democrats
Sherrod Brown (D-OH) – also a Finance Committee member
Finance Committee
Republicans
Orrin Hatch (R-UT)
John Cornyn (R-TX)
Democrats
Ron Wyden (D-OR)
Chuck Schumer (D-NY)
Other Conferees
Republicans
Sen. Lisa Murkowski (R-AK)
Democrats
Dick Durbin (D-IL) – Democratic Whip
House Conference Members 
Transportation & Infrastructure Committee
Republicans
Bill Shuster (R-PA)
Reps. John J. Duncan, Jr. (R-TN)
Sam Graves (R-MO)
Candice Miller (R-MI)
Rick Crawford (R-AR)
Lou Barletta (R-PA)
Blake Farenthold (R-TX)
Bob Gibbs (R-OH)
Jeff Denham (R-CA)
Reid Ribble (R-WI)
Scott Perry (R-PA)
Rob Woodall (R-GA)
John Katko (R-NY)
Brian Babin (R-TX)
Cresent Hardy (R-NV)
Garret Graves (R-LA)
John Mica (R-FL)
Barbara Comstock (R-VA)
 
Democrats 
Peter DeFazio (D-OR)
Eleanor Holmes Norton (D-DC)
Jerrold Nadler (D-NY)
Corrine Brown (D-FL)
Eddie Bernice Johnson (D-TX)
Elijah Cummings (D-MD)
Rick Larsen (D-WA)
Michael Capuano (D-MA)
Grace Napolitano (D-CA)
Daniel Lipinski (D-IL)
Steve Cohen (D-TN)
Albio Sires (D-NJ)
Donna Edwards (D-MD)
 
Ways & Means Committee
Republicans
Kevin Brady (R-TX)
Dave Reichert (R-WA)
Democrats
Sander Levin (D-MI)
Energy & Commerce Committee
Republicans
Fred Upton (R-MI)
Markwayne Mullin (R-OK)
Democrats
Frank Palone (D-NJ)
Financial Services Committee
Republicans
Jeb Hensarling (R-TX)
Randy Neugebauer (R-TX)
Democrats
Maxine Waters (D-CA)
Other Committees
Republicans
Mac Thornberry (R-TX)
Mike Rogers (R-AL)
Bob Goodlatte (R-VA)
Tom Marino (R-PA)
Darin LaHood (R-IL)
Glenn Thomson (R-PA)
Will Hurd (R-TX)
Lamar Smith (R-TX)
Democrats
Loretta Sanchez (D-CA)
Zoe Lofgren (D-CA)
Raúl Grijalva (D-AZ)
Gerry Connolly (D-VA)

House Committee passes a multi-year surface transportation bill

On October 23rd, the US House Transportation & Infrastructure Committee passed out of committee a long-term surface authorization. The bill, the Surface Transportation Reauthorization and Reform Act (HR 3763), authorizes the federal surface transportation program for six years, and recommends flat line funding plus inflation over the life of the bill.

Transportation for America (T4A) published a summary of the bill (pre-mark-up) for members, click HERE to download it.

Ultimately, the big-four agreement – a bipartisan agreement determining which amendments would be allowed, accepted or rejected that exists between the Chairmen and Ranking Members of the full- and subcommittees – proved to hold firm during yesterday’s nearly six-hour meeting.

Of the 160 plus amendments offered during the mark-up by members of the committee, the Chairman agreed to only three:

  • adding tourism to state and MPO planning scopes,
  • exempting weight limits for emergency vehicles, and
  • including a performance metric on urban highway state of good repair.

Only two received votes and both failed by large margins. In return for assurances by Chairman Shuster (R-PA) that the Members’ concerns would be taken care of before the bill reaches the House floor, nearly all Members offered and withdrew their amendments.

Of importance, Representatives Davis (R-IL) and Titus (D-NV) offered an amendment to increase the amount of funding directed to metro regions by $9 billion over the life of the bill and improve the transparency and project selection process for regions under 200,000 in population. Download the Davis-Titus summary memo HERE.

Though Rep. Davis (R-IL) had the votes yesterday to pass this amendment, he offered and withdrew the amendment after it gained the largest number of bipartisan statements of support during the markup (those came from Reps. Davis, Titus, Frankel (D-FL), Edwards (D-MD), Rouzer (R-NC)).  Chairman Shuster signaled that he is open to working with the bipartisan group to make improvements to this area of the bill as it moves forward in the process.

There were also a number of non-controversial amendments included in the manager’s amendment prior to the start of the meeting. Notable amendments include:

  • Sires (D-NJ) and Costello (R-PA) – amends the planning section to encourage MPOS to develop congestion management plans that develop strategies and projects that improve transportation access during peak hour travel and would include employers and representatives of low-income households.
  • Curbelo (R-FL) and Titus (D-NV) – amends the safe streets language to encourage reporting on the development and implementation of safe streets at the state level.

Despite a number of statements of support from various organizations, T4A finds that this bill doesn’t meet the forward-looking federal policies needed to strengthen the economic and social prosperity of our nation’s communities. We will continue to work to ensure the House STRR Act and the Senate DRIVE Act move in our direction and I thank you for your support.

US Senate Transportation Authorization – T4A Update

The US Senate continues to debate the federal surface transportation bill this week, with a series of votes taken last night by the full Senate. Individual senators filed over 200 amendments and T4America continues to track the latest developments on those amendments. We have compiled a brief update on where things stand and provide information on three amendments that we know would spur innovation, access and local control. 

**It is rumored that another manager’s amendment package will be offered in the near future. T4A will update this information as needed.

Transportation Funding Timeline Update: Transportation funding expires this Friday and the House announced this morning that they intend to pass a 3-month extension to match the Senate’s; setting up a new October 29 transportation funding deadline.

Last week, Majority Leader McConnell (R-KY) introduced what is expected to be the first of potentially two or more manager’s amendment packages. Manager’s packages serve as legislative vehicles to modify a piece of legislation in committee or on the floor, wholesale. This first manager’s package makes a number of changes, including maintaining the historic 80/20 highway and transit funding split; increases funding for the FTA High Intensity/Fixed Guideway State of Good Repair Formula program by $100 million (paid for by cutting TIFIA and the Assistance for Major Projects by $50 million each) and requires 50% of the off-system bridge set-aside funding in the STP program to be used on bridges that are not on the federal-aid highway system.

Last Sunday, the Senate dispatched a couple of non-germane amendments, but voted to allow Senators to vote on whether or not to tie the Ex-Im Bank authorization to the highway authorization. Late last night, the Senate voted and approved that plan (64-39).

Under this new modified manager’s package, T4A believes that it is unlikely that few if any of the 200+ plus amendments filed by Senators will be considered or voted on. However, we do anticipate the introduction of a third manager’s amendment which will reflect additional changes. T4A continues to work to increase local control, innovation and access to jobs and opportunity through three primary amendments. They include the following:

  1. Wicker-Booker STP local control amendment (corresponding fact sheet by USCM on changes to metro level funding)
  2. Murray TIGER authorization amendment
  3. Donnelly Job Access planning amendment (search for S. Amdt 2434, 2435 and 2436; this one is messy, our apologies)

Update: 5 Issues to Watch (for more information, please refer to T4A’s Member post on 7/23/15):

Pay-fors – Since the last post on 7/23/15, a number of items have shifted. A few provisions, considered poison pills, were removed, including the $2.3 billion that came from denying those with felony warrants social security benefits and $1.7 billion that came from rescinding unused funds for TARP’s Hardest Hit Fund. These rescissions leave the authorization with $43.7 billion, all of which are generated outside of the traditional transportation-user fee system. The measure would provide enough additional HTF revenues to provide the first three years of highway and transit investment, but Congress would be required to raise additional resources before October 2018 to be able to fund the final three years of the DRIVE Act’s authorized spending.

Transit funding – Changes in the manager’s package increased the levels of transit funding to be 24% of the authorized levels overall and 24% of any new funding generated annually.

Freight –The DRIVE Act creates a robust freight planning process that directs states to examine efficient goods movement and identify projects needed to improve multimodal freight movement. However, despite instituting a multi-modal freight planning process, the new National Highway Freight Program would require 90% of the funding go to highway-only projects rather than to multimodal projects using a performance-based system. What impact will this have?

Take, for example, the non-highway freight needs in the State of California. Ten percent of California’s funding would be only $9.3 million in 2016, growing to $23 million in 2021. Comparitively, one multimodal project at the Port of Long Beach in California to remove a railroad bottleneck and build more on-dock rail capacity cost the Port $84 million. T4A views this policy as a missed opportunity and not consistent with T4A’s freight policy.

Overall, due to removal of the TARP Hardest Hit Fund, the bill’s overall investment levels needed to be reduced. Under the first manager’s package, the freight program was set to receive $1.5 billion in FY2016 growing to $2 billion in FY2018. The program would now receive $991.5 million in FY2016 and increase to 1.9 billion in Fy2018.

Passenger Rail – No changes to note from the last update on 7/23/15.

Assistance for Major Projects (AMP) – Funding decreased by $50 million per year to increase funds for FTA’s High Intensity/Fixed Guideway State of Good Repair Formula program. AMP would now be authorized at $250 million in FY16 and rise to $400 million in FY2021.

*NEW* TIFIA – The initial manager’s package introduced early last week would cut TIFIA funding from $1 billion to $500 million per year. Removing the TARP Hardest Hit Fund and other payfors required additional cuts, which senate authorizers took out of the TIFIA program. Those cuts, plus the increase to the FTA’s High Intensity/Fixed Guideway State of Good Repair program, result in an overall authorized funding level for TIFIA at just $300 million per year over the life of the bill.

Senate Passes Cloture; 5 Things We’re Watching

***Please note, at 10:00am T4A received McConnell’s substitute amendment, which means that a number of these items may have changed. We’ll keep you updated as it proceeds.**

Last night, the US Senate passed a procedural vote called cloture. Like a starting pistol in a race, this means that they can now start debating, amending and eventually pass a federal surface transportation bill out of the Senate. While many things can, and will, happen over the next few days, there are a number of topics that Transportation for America is watching.

Want to know how your Senator voted on cloture? Click HERE.

1.Payfors – DC parlance for real and imaginary ways to pay for this bill.

At this time, there appears to be a wide-ranging list of payfors that run as small as $172 million up to $16 billion. Some of these include items like such as rescinding unused TARP funds or extending fees for TSA. There do not seem to be many that keep the traditional tie between users of the system and payments into the system.

The mass transit account appears to be running out of funding well before the highway trust fund. Initial T4A analysis seems to indicate that the legislation pulls in all 10 years of the proposed funding to pay for 3 years of the highway trust fund and 1.5 years of the mass transit account.

APTA transit run

APTA transit funding table in current Senate transportation legislation

The legislation also appears to sell 101 million barrels out of the 693.7 million barrels of the Strategic Petroleum Reserve (SPR) between 2018 and 2025 to bring in $9B over 10 years. Critics of this funding scheme assert that we are selling the oil when prices are at record lows, making it a foolish idea. Sen. Murkowski (R-AK) is reportedly one of those critics.

Originally, this legislation withheld Social Security payments from recipients that are subjects of a felony arrest warrant and for whom the state has given notice that they intend to pursue the warrant, raising $2.3 billion over 10 years. T4A has heard that Senate negotiators have removed this provision due to the advocacy of a number of social equity and civil rights groups.

2. Transit
T4A and the larger transportation community have several concerns about this title, the main ones are:

banking transit

US Banking Democrats chart on modal share under currently proposed Senate legislation

First, the DRIVE Act fails to provide public transportation with 20% of the new revenue dedicated to growth, which is a historical guarantee dating back to President Reagan’s agreement in 1982. Public transportation receives only 6% of the revenue derived from the future funding growth (see Senate Banking Democrats chart). U.S. DOT estimates that the Mass Transit Account ends the third year of the bill (FY 2018) with a negative balance of $180 million. Senator Boxer is reportedly negotiating a fix with Senate Republicans that will increase that percentage.

Second, projects with private funds get to “skip the line” for federal money, providing a major incentive for privatized service. The existence of a new expedited process could entice cities to pursue transit privatization on a large scale by using P3s to operate transit service. The labor community has expressed strong opposition and may oppose the entire bill if this provision isn’t removed.

Third, this legislation forces the Federal Transit Administration (FTA) to wait 6 months before increasing oversight of at-risk projects. Sec. 21015 requires the FTA to wait for a project to fail 2 consecutive quarterly reviews before providing more oversight to a project that is going over budget or falling behind schedule.

3. The Freight program

This legislation includes all modes of freight, including pipelines for the first time. It also requires the establishment of a new multi-modal freight network within 1 year of enactment, the establishment of which appears to be similar to the creation of the existing freight network (as well as a re designation of the existing highway freight network). It does, however, define economic competitiveness by the amount of traffic moved and not economic outcomes and will fund projects that reduce congestion, improve reliability, boost productivity, improve safety or state of good repair, use advanced technology or protect the environment on the national highway freight network.

You’ll recall that T4A sent out an action alert to keep the TIGER program multimodal and not let the US Senate Commerce Committee use it for freight-exclusive purposes. We’re happy to report that effort was successful, though the TIGER program is still not authorized or funded in the transportation bill.

4. Passenger Rail
This legislation authorizes passenger rail funding for the first time ever in a federal surface transportation reauthorization. The legislation calls for $1.44B in 2016 and growing to $1.9B in 2019. It maintains a national system and provides for clear cost accounting among the 4 business lines of Amtrak of the corridor, state-supported and long-distance trains. Provides for up to 6 new passenger rail routes on a competitive basis and for the first time makes operational costs eligible for grants.

5. AMP – Assistance for Major Projects
This is a new project for highway or transit projects that cost at least $350M or 25% percent of state highway apportionment (10% in a rural state). Applications should be reviewed based on consistency with federal goals, improvement to the performance of the system, is consistent with the statewide plan, can’t be completed without federal help and will achieve one or more of the following:

  • generate national economic benefits outweigh cost,
  • reduce congestion,
  • improve the reliability of movement of people and freight, or
  • improve safety

Grants under AMP must be at least $50M, with a rural guarantee of 20%. Eligible applicants for AMP include states, local governments (or group of locals), tribal governments, transit agencies, port authorities, public authorities with transportation function and federal land management agencies. It is not yet clear if this language is specific enough to include MPOs.

Amendments to be offered: T4A staff is monitoring a number of potential amendments. One of which (offered by Senators Wicker (R-MS) and Booker (D-NJ)) would increase the ability of communities to fund projects through the Surface Transportation Program. We strongly urge you to call your Senator and tell them to co-sponsor that amendment.

ICYMI: T4A and SGA Host Federal Policy Webinar; Materials Inside

Yesterday, Smart Growth America and Transportation for America hosted a webinar to review congressional action on the federal surface transportation authorization. If you were able to attend, you will recall that we mentioned how the US Senate is poised to consider the authorization before the full Senate next Tuesday. That continues to be the current timeframe for Senate consideration.

webinar image

Access the webinar powerpoint here.

As a T4A member, you can access the webinar anytime through this page.

Two action items stemming from that conversation include:

  • It is highly likely that T4A will be issuing a number of action alerts next week. While we don’t have legislative language on a number of potential amendments, we anticipate movement on issues of local control, freight, TAP, transit funding and TIGER. Member support would be greatly appreciated.
  • The National Complete Streets Coalition is requesting support to tell FHWA to make more inclusive streets that are designed to be more livable. You can register your comments here: bit.ly/NHSdesign (this weblink is case-sensitive).

Join us on Thursday for an inside look at transportation reauthorization in Congress

The current federal transportation bill will expire on July 31, 2015, with the nation’s transportation fund reaching insolvency near the same time. Join us Thursday for a public conversation about what’s likely to happen in Washington and what it all means for your community. 

In the coming weeks Congress will likely be negotiating an extension to MAP-21 before its July 31 expiration while also debating the policies in a long-term transportation bill — a process that has already started. How will the decisions made in Congress and the current political landscape impact local transportation projects, Complete Streets, and transit-oriented development?

Join Smart Growth America and Transportation for America for a special open conversation about what’s happening right now in transportation policy this Thursday, July 16, 2015 at 4:00 PM EDT.

You can register for the event here.

Hear from Joe McAndrew, Policy Director at Transportation for America; Christopher Coes, Director of LOCUS; and Stefanie Seskin, Deputy Director of the National Complete Streets Coalition. Each speaker will focus on a different aspect of the current negotiations.

The federal transportation bill will have huge implications for development across the country. Join us on Thursday to learn more about where Congress currently stands and what you can do to help shape the debate.

18-days-until-trust-fund-runs-out

Congress kicks into high gear on transportation — let’s summarize the action

During an extremely busy week in Congress in several key committees, a long-term transportation bill and a multi-year passenger rail authorization were introduced and passed committees, along with hearings on possible ways to keep our nation’s transportation fund afloat, rural transportation issues, rail safety, and autonomous vehicles.

For those of you who don’t regularly follow Congress, this is often how things go: nothing seems to happen for a long time, and then there’s an explosion of activity all at once. That’s certainly what took place this week in the Senate, with some important ramifications for the future of transportation funding and policy. We hope that Congress shows the same focus when they return from their weeklong July 4th recess.

Four of the five Senate committees with jurisdiction over either transportation policy or funding were active this week. Two notable transportation policy bills (and one yearly spending bill) were advanced out of committees this week, and the Senate made the first big move toward passing a long-term transportation reauthorization ahead of the July 31 expiration of MAP-21, the current law. So what happened, and what should we be expecting next?

Here’s our brief rundown of what you need to know.

First up, in news we haven’t covered here yet, the Senate Appropriations Committee this morning marked up and passed their version of the yearly transportation and housing spending bill that was passed out of the House several weeks ago — a bill that cut TIGER, passenger rail, and transit construction. Unfortunately, the news out of the Senate today was only marginally better. On the plus side, TIGER funding is maintained at this year’s level: $500 million again for competitive grants this upcoming year. But the Senate actually makes deeper cuts to New and Small Starts transit construction than the House did — $520 million in cuts over last year, and $320 million more than the House passed a few weeks ago. Passenger rail funding gets a marginal increase over last year’s level.

While we were hopeful that the Senate could possibly restore some of these cuts made by the House — as had happened in several years past — the consensus by House and Senate Republicans to stick to 2011 budget sequestration-level discretionary funding amounts for all of their FY2016 spending bills result in cuts across the board to discretionary programs like these. All Democrats on the Appropriations Committee opposed this bill.

Smart Growth America offered up this statement on the THUD bill today. T4America is a program of Smart Growth America.

The United States is in the middle of an affordable housing crisis. Rents are rising, the homeownership rate is declining, and federal housing programs are already failing to meet the need for affordable homes. Gutting the HOME program at a time like this is the wrong response. If Congress’s budget caps force this outcome, the budget caps need to be changed.

Logged-in T4America members can read our full THUD summary below:

[member_content]June 24, 2015 — The Senate Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies (Transportation-HUD) marked up and reported its FY2016 appropriation bill to the full committee on June 23 without amendment. This is T4America’s short members-only summary of the THUD bill as reported to the full committee. Read the full memo.[/member_content]

Second up was the release and the subsequent committee markup of the Environment and Public Works (EPW) Committee’s six-year transportation bill known as the DRIVE Act. The EPW Committee is responsible for the largest portion of the full bill known as the “highway title” — more on the other portions below. In case you missed any of our posts about the EPW bill over the last few days, you can catch up with those below. Long story short? EPW released a bill with some modest improvements that represents a good starting point for debate, they approved it unanimously in committee while making a few small improvements, and important amendments that could ensure our investments best maintain and improve our transportation system are still outstanding and will hopefully be considered by the full Senate.

Statement on the release of the Senate’s long-term transportation reauthorization proposal

While this bill provides a positive starting point, there are other areas where Congress can and should do better.

Senate’s new transportation bill is a good start, but more should be done for local communities

The EPW committee marked up and approved this bill unanimously on June 24th without considering amendments (other than a package of amendments in a manager’s mark.) The amendments mentioned below were discussed or offered and withdrawn, and will hopefully be debated on the floor of the Senate. So keep any letters of support coming — this action is still ongoing!

Senate Committee rolls forward with speedy markup of six-year transportation bill

In a committee markup where the phrase “doing the Lord’s work” was invoked by numerous members on both sides of the aisle, the Senate Environment and Public Works Committee sped through a markup of their draft six-year transportation bill in less than an hour this morning, approving it by a unanimous vote with no amendments, save for a manager’s package of amendments agreed to in advance.

While the Senate Appropriations Committee marked up the transportation & housing spending bill this morning, the Senate Commerce Committee — the committee with jurisdiction over rail policy in the Senate — considered the Railroad Reform, Enhancement, and Efficiency Act — a bill to govern all passenger rail policy and authorize funding for the next several years. The RREEA bill is a good step forward, supported by T4America wholeheartedly:

Statement in response to introduction of the Railroad Reform, Enhancement and Efficiency Act

Senators Wicker and Booker are doing the nation a great service in crafting a bill that ensures Americans will see continued and improving passenger rail service in the years to come. Passenger rail service is vital and growing in popularity, and keeping the system working and safe requires investment. The Wicker-Booker bill embraces both those ideas. It authorizes necessary funding to start to return the system to a state of good repair and make targeted investments to improve service.

The committee markup of the bill known as RREEA was mostly uneventful, and it passed by a unanimous vote with mostly minor amendments and issues raised — some of which were safety-related and expected in the wake of the recent derailment in Philadelphia. The Commerce Committee is also responsible for freight and rail policy for the long-term bill, and we’ve heard that they could be releasing their draft long-term bill shortly after the July 4th recess.

Lastly, both House and Senate committees tasked with finding the funding to pay for the next long-term transportation bill (or finding the money to extend MAP-21 past July 31) held hearings this week to continue their work along those lines. In the case of the House, they were specifically discussing repatriation of corporate earnings as a possible revenue source.

Repatriation is the process by which companies can bring offshore earnings back to the U.S. at a reduced tax rate, and then all or a share of those tax revenues would be directed to the trust fund, providing revenues for a long-term transportation bill. It’s an idea that’s gotten some traction in the Senate — Senators Barbara Boxer and Rand Paul have introduced a proposal — but it’s still a one-time fix that’s still not a fee paid by the users of the transportation system.

A House Ways and Means subcommittee held a hearing today to discuss repatriation, and the overall takeaway from the hearing seemed to be that while repatriation may be the most feasible option after a gas tax increase was ruled out by Ways and Means Chairman Paul Ryan, there’s still little consensus in the House, and many representatives want to tie it to more thorny issues like corporate tax reform, reducing the chances that it could pass quickly or easily.

In the Senate, the Finance Committee held a hearing today as well to discuss the use of public-private partnerships — a growing trend in many states as they look to up-front cash from the private sector to help fund longer-term projects where the private party defers their payment or profits. Despite the way P3s, as they’re known, are frequently invoked as a possible funding solution, almost all the panelists today noted that although having a greater range of financing options will certainly be a boost to many states and cities, P3s won’t be sufficient without also increasing overall revenues. They’re not a panacea.

Which leads us right back to the elephant in the room: finding and agreeing upon a new, stable revenue source that can keep the nation’s transportation fund solvent for years to come. It was indeed a busy week, and we hope that Congress will keep up the momentum when they return from their weeklong July 4th recess.

Exclusive Member Summary – 6/18/15 Senate Finance Highway Funding Hearing

June 18, 2015 — US Senate Finance Committee — “Dead End, No Turn Around, Danger Ahead: Challenges to the Future of Highway Funding”

Witnesses

Dr. Joseph Kile – Assisant Director for Microeconomic Studies Division, Congressional Budget Office

The Honorable Ray LaHood – Senior Policy Advisor, DLA Piper

Mr. Stephen Moore – Distinguished Visiting Fellow, The Heritage Foundation

At this hearing, Chairman Hatch (R-UT) looked to explore every possible option to address the long-term fiscal challenges of the Highway Trust Fund. However, at the hearing he mentioned that he does not see any large-scale gas tax increase as politically possible. That said, Hatch pressed the need remove the “highway cliff” by finding funding to do a multi-year authorization.

Senator Carper (D-DE) called upon Senator Hatch to ensure no options like the gas tax are taken off the table, and referred to T4A analysis that showed state legislators who vote for a gas tax increase were not punished. Carper mentioned that at a minimum we should be able to index the gasoline and diesel tax and then come up with other creative sources to fund infrastructure.

Witness Stephen Moore with Heritage Foundation floated the idea of devolution, but the proposal was very unpopular for a majority of committee members and was shot down by former Secretary Ray LaHood as an irresponsible notion. Senators Thune (R-SD), Heller (R-NV) and Menendez (D-NJ) all voiced devolving the program. Transit came under attack for receiving gas tax dollars, but Senator Thune mentioned kicking transit out of the program is a political non-starter after it failed in the House during debate for MAP-21, and Senator Menendez and former Secretary Ray LaHood both stood up strongly for the need for more robust transit investment, not less.

Senator Thune (R-SD) mentioned that we should be treating general fund transfers as adding debt to an already debt-burdened country, since those funds ultimately do account for part of the deficit. He said it is time we stop the easy solution of general fund transfers and find a way pay for it. Senator Hatch agreed that long-term action is absolutely needed, and mentioned it will be difficult, but that the Committee will be working to look at all the different options to come up with a solution that stops the country from kicking the can down the road.

House takes first step in process to keep the nation’s transportation fund solvent

For the first time since 2012, the House of Representatives held a hearing focused on funding the nation’s transportation system. Today’s hearing focused on the elephant in the room: how to adequately fund a transportation bill that’s longer than just a few months. While it’s a relief to see the funding issue finally getting airtime in the House, keeping the nation’s transportation fund solvent is only half of the problem — we also need to update the broken federal program that isn’t meeting our country’s needs.

Rep. Paul Ryan (R-WI), chairman of the House Ways and Means Committee tasked with finding the money to pay for a transportation bill, took the most obvious funding solution off the table — raising the federal gasoline excise tax — right at the start of the hearing as the gallery was still getting comfortable in their seats, deflating some members of the committee who were eager to at least discuss this option.

“We are not raising gas taxes‚ plain and simple,” he said, while adding later that the House “does need to find a real solution, a permanent solution. We are all ears.” Chairman Ryan suggested that repatriation of overseas profits (a one-time, non-transportation user fee fix) or giving states more authority could be possible solutions, but a gas tax increase is off the table.

Before the hearing, Rep. Earl Blumenauer (D-OR) held a press conference featuring a coalition of groups who support his bill to raise new revenue in the House by phasing in a 15-cent increase in the gas tax. Civil engineers, general contractors, roadbuilders, public transportation operators and T4America director James Corless spoke at the press conference to support Rep. Blumenauer’s case that Congress’ inaction is negatively impacting our nation’s economy and action is long overdue.

James corless blumenauer
T4America director James Corless speaking at this morning’s press conference

Rep. Blumenauer carried his momentum from the morning press conference into the hearing an hour later.

“We’re not keeping up our end of the bargain for the 50 percent of capital spending on big projects that comes from the federal government. We haven’t made any meaningful adjustment since 1993 to the gas tax, relying on short-term fixes, gimmicks – and no matter how you slice it, adding to the deficit,” Rep. Blumenauer said in his prepared remarks.

Rep. Lloyd Doggett (R-TX) concurred. “What is missing from our transportation policy is money – revenue. We cannot build these highways with fairy dust,” Rep. Doggett (R-TX) said.

Rep. Renacci (R-OH), who has put forward a separate plan to index the gas tax to inflation and set up a mechanism to provide long-term transportation funding, noted that “short-term fixes cost money in delay and uncertainty.” He shared a story about meeting with constituents, including some tea party members, on transportation issues. He said that they told him, “‘Quit going to the general fund and taking dollars…what you’re doing is passing it onto our children and grandchildren. What I’d be willing to do is pay a user fee as long as I get my roads and bridges fixed.’ We have to come up with a long-term solution, we can’t continue to go down this path,” he said.

As Rep. Bob Dold (R-IL) from the Chicago area noted on the topic of buying new railcars for the CTA and Metra, “Do we buy them one at a time or ten at a time? I can get a far better deal if I buy them ten at a time,” he said. When agencies can’t reliably put together a multi-year budget because they have no idea what to expect from the federal government, projects can begin to cost more than they should.

Following on the heels of today’s Ways & Means hearing, the Senate Finance Committee is holding a hearing of its own tomorrow on transportation funding.

We can hope that the newfound willingness to discuss the challenging revenue question will lead members of Congress to build consensus around a funding proposal suitable for the nation’s need. However, simply raising new funding to pour into a broken system isn’t going to get us where we need to go either — we need to fix the broken system and update it with the kinds of policies that ensure every dollar invested by taxpayers provides the greatest benefits for the economy and our communities. It’s not enough to simply raise money and spend it on the same processes that created the crisis we find ourselves in today. America can do better, and it’s important that the decisionmakers understand this fact.

On that policy question, eyes are quickly turning to the Senate Environment and Public Works (EPW) Committee, which is responsible for the highway title — the largest portion of the bill. They are planning to release and mark up their successor to MAP-21, a six-year bill, next Wednesday, June 24th.

We are counting on the Senate EPW Committee to release a bill that can maintain our current system, complete the transportation network, incentivize the strategic investments that can provide access to opportunity for all Americans and best improve connections within the cities and towns that drive our economy.

Continuing and improving a nascent process to measure the performance of our transportation investments would allow us to better ensure that our limited resources bring the best return. And a forward-looking plan to direct more of that money down to where it’s needed most would be a great companion to any plan to shore up the nation’s transportation funding.

We’re now looking to the Senate to make progress on finding a long-term funding solution, but also to make the policy changes we so urgently need to ensure those dollars are well spent.

 

May 31st transportation funding deadline looming over lawmakers

We’re only three weeks away from the expiration of MAP-21, the transportation law of the land, and Congress still does not have a solid plan for renewing or extending it — or for keeping the nation’s transportation fund solvent past the first days of summer.

Well, we’re here. Seems like just yesterday we were writing the news that Congress had finally passed a new transportation law. But that law, MAP-21, the Moving Ahead for Progress in the 21st Century Act, was only two years in length instead of the customary six, and it will expire at the end of the month after its first short-term extension concludes. Congress is no closer to agreeing on a multi-year replacement than they were when they kicked the can down the road last summer. To complicate matters, the temporary funding patch that Congress passed in 2014 to keep the Highway Trust Fund solvent will run dry by mid-July, according to USDOT projections.

So far, Congress has not hatched a concrete plan to reauthorize MAP-21 and find a long-term stable funding source, but lawmakers do have some ideas.

In February, Rep. Earl Blumenauer (D-OR) introduced a bill that would nearly double the federal gas tax over the next three years to help fund a long-term transportation bill.

Last month, a bipartisan group of Representatives led by Reps. Renacci (R-OH) and Pascrell (D- NJ) introduced The Bridge to Sustainable Infrastructure Act, which seeks to raise the gas tax by indexing it to inflation by January 2016. The gas tax would then rise every three years unless Congress finds another funding source for the Highway Trust Fund, ultimately guaranteeing 10 years of funding for the transportation program. This bill is the only plan with any bipartisan support that proposes to raise user fees (i.e., the gas tax) in any way. It currently has 20 cosponsors: eight Republicans and 12 Democrats. 

Several lawmakers and the Obama Administration have proposed using a one-time repatriation of corporate profits as a source of funding. Barbara Boxer (D-CA) and Rand Paul (R-KY) introduced a bill that would encourage corporations holding profits overseas to return these profits to the US through voluntary “tax holiday” at a decreased tax rate of 6.5 percent. The Obama Administration’s plan would force companies to return their overseas money to the U.S. and pay a 14 percent tax rate on that money. Both repatriation proposals would transfer a portion of the earnings from the tax on returned corporate profits to the transportation trust fund.

Reps. John Delaney (D-MD) and Richard Hanna (R-NY) introduced a bill that would tax overseas profits by 8.75 percent, and would potentially raise $170 billion for the Highway Trust Fund.

What will happen before May 31?

Several lawmakers have sounded the alarm on finding a plan to reauthorize MAP-21 and keep the Highway Trust Fund solvent before the May 31st deadline passes.

U.S. Transportation Secretary Anthony Foxx called the short-term extensions that several lawmakers have proposed an “outrage,” saying that a long-term plan was necessary so transportation planners could be sure that they’d have the funding needed to move forward with long-term plans.

Senate Minority Leader Harry Reid (D-NV) is rallying fellow Democrats in the Senate to block a Republican-backed trade deal until the Senate deals with funding the Highway Trust Fund (and the Foreign Intelligence Surveillance Act). Senate Majority Leader Mitch McConnell (R-KY), meanwhile, also cited the need to address MAP-21, calling it a “must-do” item that needs to be completed by Memorial Day.

Over in the House, Majority Leader Kevin McCarthy (R-CA) sent a memo to his fellow House Republicans that urged them to act to keep the Highway Trust Fund solvent, which is set to go broke by midsummer. He said that any proposals to increase the gas tax, however, would be dead on arrival this Congress.

Next year’s budget

Whether Congress reauthorizes MAP-21 and extends the Highway Trust Fund will affect funding for next year’s budget for all transportation and housing programs. The House’s Transportation, Housing and Urban Development subcommittee released a transportation budget that proposes heavy cuts to TIGER, New Starts and Amtrak capital funding while holding steady funding levels for highways and other programs. The full House is expected to consider the Committee’s transportation appropriation bill upon return from a weeklong recess. The Senate Appropriations Committee has yet to release their proposed fiscal year 2016 transportation budget. While slow on the uptick, we expect this Congress to be more active on transportation items over the coming summer months. Stay tuned.

House proposes cuts to TIGER and transit construction, stable funding for other programs for fiscal 2016

The House Appropriations Committee introduced a Transportation, Housing and Urban Development (T-HUD) bill for fiscal 2016 that, as in years past, features heavy cuts to TIGER, New Starts and Amtrak.

The bill, approved by the T-HUD subcommittee and headed back to the full Appropriations Committee for markup and a vote, maintains funding rates for federal highway and mass transit formula dollars, $40.3 billion and $8.6 billion respectively. Of course, these funding levels assume that Congress is going to act to find enough money to keep the Highway Trust Fund solvent past this June or July, and also move to either reauthorize or extend MAP-21 after its May 31st expiration. Without either action, there won’t be any money for transportation past that deadline, much less for the entire next fiscal year.

Meanwhile, other key programs are facing heavy cuts.

TIGER: The overwhelmingly popular TIGER program would shrink from $500 million to $100 million. In addition, the size of grants would be far smaller, within a range of $2-15 million, down from last year’s range of $10-200 million. This year’s T-HUD also reduces the share that the federal government will cover for TIGER projects, from 60 percent to 50 percent, requiring more local or state money to be brought to the table.

The silver lining in all this is that the House did not repeat last year’s attempt to limit eligibility to only road and port projects, a move that would have left out the wide range of multimodal projects that have benefited the most from this innovative program.

New Starts & Small Starts: These programs that fund new rail, rapid bus and streetcar construction would receive $1.92 billion in funding, down from last year’s $2.12 billion in the final budget. The new bill would also reduce the federal government’s share of New Starts projects from 60 percent to 50 percent.

Amtrak: Amtrak would have a budget of $1.1 billion. The bill actually adds $39 million to the rail service’s operational costs, but cuts $290 million from its capital budget.

The Senate has yet to release its own budget, but for the last few years, the Senate has prioritized funding for many of these important programs. However, with the change in leadership in the Senate in this Congress, it’s unclear if things could play out similarly this year compared to years past.

Members can read our full summary memo on the THUD bill below.

[member_content] Members, you can read our full members-only THUD summary here. (pdf)

And, have you been to the new portal for all members-only content? https://t4america.org/members [/member_content]

‘Speak up for transportation’: Analyses show the devastating impact of federal cuts

Congress has seen various proposals floated to scale back federal investment in transportation, from cutting out transit funding to ending the federal gasoline tax and shifting full responsibility to the states. We decided to take a look at what that latter move would mean for taxpayers, who would have to make up the difference in each state or accept multi-million dollar decreases in funding and deteriorating conditions on an annual basis.

Tease-State Gax Tax Increases Required Tease-State Gax Tax Revenue losses per capita

The bottom line: All states would have to raise their per-gallon gas taxes more than the federal rate of 18.4 cents to replace the lost revenue — and many states would have to raise theirs by much more. Click through to see the full analysis with graphics and data for all 50 states

There’s a reason you don’t hear state politicians calling for the end of the federal transportation program and the gas tax. That’s because every single state receives more in federal transportation funds than they pay into the federal system — in part because Congress has been transferring billions from the general fund to make up for slackening gas tax receipts and the fact that the gas tax hasn’t been raised in more than two decades.

At least 16 states have moved to raise their own transportation revenues since 2012, leading some in Congress to claim that those moves show states would be fine with accepting the full burden.

But ending federal support would be a nightmare for governors and legislators, who would have to choose between slashing repair and investment or trying to push through massive tax increases to replace federal revenues.

(The Transportation Construction Coalition released a similar analysis a few weeks ago, but, unlike the analysis here, it did not include the 20 percent of the transportation program that supports public transportation. -Ed.)

According to our full analysis: (See columns 2-3 in the table)

  • 19 states would have to raise their gas taxes by at least 25¢ per gallon, over 36 percent more than the current 18.4¢ federal rate.
  • Vermont would have to raise the state gas tax by 50¢ per gallon to break even – and that’s on top of a recent increase lawmakers passed to add the equivalent of 6.5¢ to each gallon of gas.
  • New York, which receives the highest amount of transit funding in the country, would have to raise the state gas tax by 40¢ to keep the same amount of transit money flowing into their highly-used systems.

Even if states only raised their gas taxes the equivalent of the 18.4¢ federal tax, our calculations also show that: (See column 4-5 in the table.)

  • States collectively would lose out on $8.47 billion (according to data from fiscal 2014);
  • Missouri, currently attempting to raise additional state funding to address an already large budget hole, would need to raise $144 million each year on top of their current needs;
  • New Jersey, facing the imminent bankruptcy of its state transportation trust fund, would also have to find an additional $373.6 million;
  • California would lose nearly $1 billion ($970.5 million, to be exact).
  • In Wyoming, where lawmakers just passed a 10-cent gas tax increase expected to generate $72 million per year, they’d be almost back to square one, losing $57 million.

States also would fare poorly under proposals to eliminate federal contributions for public transportation, as two proposals in Congress would do, according to an analysis out today from the American Public Transportation Association. From their release:

The analysis shows that proposals to cut federal funding for public transit would result in an average 43 percent reduction in a community’s capital improvement funding. Overall, the loss of federal capital and operating funding would put at risk more than $227 billion in economic activity over six years. … Small and rural communities would be aversely affected because a greater percentage of their total funding is from the federal government.

No matter how you slice it, dramatically reducing federal dollars, whether for roads or transit, would have devastating impacts on state’s population centers – the places where commerce happens and revenues are generated. Going in the other direction however, by increasing investment available to states and local communities, would help keep roads and transit in good repair while we build for the future economy.

Read our full analysis, including graphics and sortable data for all 50 states.

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This post and analysis is part of “Stand Up for Transportation” day today. Find out more and get involved here: http://standup4transportation.org/

As transit becomes ‘must-have economic development tool,’ will Congress help?

An excellent piece in the Washington Post this morning caught up to the topic we have been raising here for some time: Good transit service and walkable locations with nearby places to live, eat and shop are essential for economic development in today’s world. Which makes us wonder: Is Congress listening?

Recalling that Marriott’s chief executive recently expressed a desire to locate near Metro rail, reporters Katherine Shaver and Bill Turque wrote:

Marriott’s announcement is the latest sign that mass transit, once viewed as a prescription for traffic congestion, is now considered a must-have economic development tool to attract millennials — the country’s largest living generation — along with their employers, and the taxes that both contribute to local governments. Adding to the demand is the country’s second-largest demographic group: empty-nest baby boomers seeking to downsize in the suburbs and drive less as they grow older.

As regular readers are well aware, Congress must find money to renew the federal transportation program this year, ostensibly by May 31 (though an extension of the law itself is all but inevitable). In doing so, lawmakers can either help or hurt communities, like those discussed in the story, that are lining up for very limited dollars for transit, TIGER and the like — money that can help them prepare their communities for economic success.

They are doing so in large part because they are continually hearing messages like this one from Stephen P. Joyce, Choice Hotels’ chief executive, quoted in the Post:

If you’re a suburban employer and you want to be relevant to people who want to live in urban locations, you’ve got to think mass transit,” Joyce said. “I can’t compete unless they can get to us without driving.

Henry Bernstein, a longtime economic development official who is now an executive in a commercial real estate firm in Rockville, MD, explains why: “This generation wants more things at their fingertips, rather than having to jump in a car to get to the mall or go eat. I truly believe any community that doesn’t have these things will fail.”

The Post story comes the same month that State Farm officials announced they would consolidate employees in three cities at regional hubs on sites with rail transit. “We’re designing these workplaces to be the future of State Farm,” chief operating officer Michael Tipsord said. “We’re creating a live-work-play environment that will give employees easy access to their work from the neighboring communities.”

Among the possible solutions within the federal program is the Innovation in Surface Transportation Act, introduced in both the House and Senate this month by a bipartisan group of lawmakers. It would give a major boost by allowing local communities more access to federal dollars flowing to their state, but there is so much more that could be done with more robust transit funding and more flexible use of existing dollars.

Here’s hoping that Congress is paying attention, and that the next federal program will provide local communities more access to the funds they need to meet the needs of today’s economy.

GOP Rep. Petri joins bill to raise the federal gas tax

The Highway Trust Fund, our nation’s key infrastructure funding source, has been teetering on the edge of insolvency for the last half decade, with legislators from both parties unable to secure a long term funding source.

Rather than continue to stand by and do nothing, retiring Rep. Tom Petri (R-WI) has decided to join Rep. Earl Blumenauer, a Democrat from Oregon, as a co-sponsor on a bill to gradually raise our current gas tax 15 cents to a total of 33.3 cents. That would be the first increase since 1993 when Bill Clinton was president and gas cost a little more than a dollar. The measure also would also index the tax to inflation to stave off future shortfalls.

On Wednesday morning, the bipartisan pair will host an event on Capitol Hill, accompanied by President Reagan – or at least his words and image., Reagan “spoke eloquently on the need for Congress to raise the gas tax in 1982,” according to a joint statement from the two.

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Representative Blumenauer quotes President Reagan on the need for an increase of the gas tax at a press event at the Capitol.

Representative Petri has long been a senior member of the Transportation and Infrastructure Committee for the House side and has said for years now that Congress needs to address the constant deficiencies of the Highway Trust Fund.

“In the Highways and Transit subcommittee, we have held hearing after hearing where state transportation officials, mayors, governors, truckers, transit operators, economists, and experts in transportation policy have testified with unwavering support for a long-term, fully-funded surface transportation bill,” said Petri, after the last short term fix was applied to the Highway Trust Fund over the summer.  “That should still be our goal.”

Blumenauer has been echoing similar sentiments since introducing a similar bill last December.

”Today, with inflation and increased fuel efficiency for vehicles, the average motorist is paying about half as much per mile as they did in 1993,” Blumenauer said in a statement at the time of the introduction. “It’s time for Congress to act. There’s a broad and persuasive coalition that stands ready to support Congress. We just need to give them something to support.”

Although the idea of raising the gas tax polls poorly, politicians of either party would seem to have little to fear from their constituents if they make a good case for ensuring sound highways and transit investments. Since 2012, 98 percent of state legislators in a variety of states including Wyoming, Massachusetts, Virginia, Pennsylvania, Maryland, and New Hampshire who voted to approve an increase of the gas tax were re-elected in their next primary, our analysis shows.

When Senators Murphy and Corker introduced their bipartisan bill that would have raised the gas tax 12 cents over the next two years, Transportation for America’s director, James Corless, stated his approval with an urgency to find a long-term solution instead of short-term fixes.

“A return to stable funding will ensure that our states and communities can repair aging roads, bridges and transit systems and build the infrastructure we need for a growing economy. The alternative is to allow our transportation system to crumble along with an economy hobbled by crapshoot commutes and clogged freight corridors.”

Budget battles leave a cloud over transportation funding as lame duck session looms

Same story, different year. Once again, we’re nearing the beginning of a new fiscal year on October 1, and Congress has failed to pass a budget to fund the government for the upcoming year. Even if Congress adopts a temporary budget to avert a shutdown —which is looking likely — important transportation programs could be left on hold on until lawmakers pass a full budget.

The House and the Senate never resolved their disagreement over the annual appropriations for transportation for the upcoming fiscal year — one of many budget issues that they couldn’t agree on this year. As in years past, the Senate provided more money for transportation programs in their appropriations bill than did the House. See the last column in the table below:

FY14

USDOT actual
GROW AMERICA Act for FY15 (President's 4-year proposal)HOUSE FY15 THUD Proposal ( & difference vs FY14 actual)SENATE FY15 THUD Proposal (& difference vs FY14 actual)DIFFERENCE between House & Senate FY15 proposals
Federal-Aid Highways$40.26B$48.062B$40.26B$40.3B (+$40M than FY14)+$40M in Senate proposal
Transit Formula Grants$8.6B$13.914B$8.6B$8.6B-
Transit 'New & 'Small Starts'$1.943B$2.5B$1.691B (-$252M than FY14)$2.163B (+$220M than FY14)+$472M in Senate proposal
TIGER$600M$1.25B$100M (-$500M than FY14)$550M -($50M than FY14)+$450M in Senate proposal
Amtrak Operating$340MProposes to roll passenger rail into two new programs that total $4.775 billion*$340M$340M-
Amtrak Capital$1.05Bsame as above$850M (-$200M than FY14)$1.04B (-$10M than FY14)+$190M in Senate proposal
High speed rail$0same as above$0$0-
*Up to $35 million is available for planning activities in the Senate FY15 THUD proposal.
**The FY15 Administration Budget (Grow America Act) consolidates existing rail programs into 2 new programs (Rail Service Improvement Program and Current Passenger Rail Service).

With no progress made toward passing individual appropriations bills, or an “omnibus” that includes them all together in one package, Congress is moving on to temporary measures.

Yesterday, the House introduced a “continuing resolution” to extend government funding through mid-December that, if adopted, is expected to pass the Senate shortly afterward. That would ensure that the government can continue operating at the same funding levels as this past year. But it means that negotiations on a full budget will have to take place during the “lame duck” session, after the November elections but before losing members leave and new members arrive. That, or punt once again again until the new Congress starts in January.

With the elections likely to change the political landscape of Capitol Hill, it’s hard to predict what might happen after November 4th with any certainty.

In any case, as long as the government is operating via a short-term budget, any programs that are discretionary at USDOT (i.e., not funded from the Highway Trust Fund) will likely face great uncertainty. That means the next round of TIGER grants, money for new transit expansion (New and Small Starts), and passenger rail funding might see delays in when they’re awarded — creating even more funding uncertainty for states, metro areas and transit agencies.

At least the Highway Trust Fund is on stable footing until May, right, since Congress managed to scrounge up $10.8 billion through all manner of accounting gimmicks to temporarily delay insolvency?

Well, perhaps.

You might remember that about a year ago, USDOT was predicting that the trust fund would go bankrupt sometime late in 2014. Once we got into 2014, however, the deadline started shifting earlier. September. August. Then the end of July. So, in truth, who knows whether $10.8 billion actually will get us to May? It wouldn’t be too surprising to see a report from USDOT sometime in January or February, much as last time, saying that the trust fund is likely to reach insolvency a little sooner than previously thought.

One way or another, we’ll know more soon. Provided a shutdown is averted, members of Congress are scheduled to leave Washington after next week until the elections.

 

Congress postpones insolvency, but uncertainty still plagues the Highway Trust Fund’s future

The last-minute patch to the Highway Trust Fund that Congress enacted on the way out the door last week delayed immediate insolvency, but it hardly ends the uncertainty for states or addresses our nation’s long-term prospects.

The House ultimately won the debate with the Senate over the length and funding source for the patch, using the controversial gimmick known as “pension smoothing” and temporarily postponing insolvency until next May. The Senate had passed a patch earlier in the week with enough money (but no pension smoothing) to carry the fund to the end of the year, which could have set the stage for a long-term solution in the lame-duck session.

“Congress is rapidly running out of last-minute budget gimmicks to patch holes in America’s key infrastructure fund, and must immediately begin the task of replacing pretend dollars with the real money necessary to continue to call ourselves a first-world nation,” said James Corless, T4America’s director, in our full statement released after final passage in the Senate. “In truth, they have bought themselves only a few short months to grapple with an issue they have delayed for years.”

Without this patch, the U.S. Department of Transportation was just days away from beginning to slash reimbursements to states for their current projects. However, with only ten months of full funding promised — if it stretches that far — some states are still shelving projects. Take, Tennessee, for example:

“Because of the uncertainty concerning the future of the Highway Trust Fund, the department took a conservative approach with the projects in this year’s three year transportation improvement program,” said Tennessee Department of Transportation’s Jennifer Flynn in a story yesterday about projects still being delayed there, despite last week’s action. “The most recent program included no new construction starts, and there were many projects throughout the state that did not move forward based on available funding.”

Department of Transportation Secretary Anthony Foxx has been pushing Congress for a long-term funding solution almost since his tenure began as Secretary.

“The good news is that Congress has avoided bankrupting the Highway Trust Fund,” Secretary Foxx said in his news release following the vote. “The bad news is that there is still no long-term certainty, and this latest Band-Aid expires right as the next construction season begins.”

So what happens next? Assuming Congress punts on the issue during the lame-duck period, a lot could be determined by the political makeup of the next Congress May, as well as other big issues early in the next Congress, including raising the debt ceiling again.

Last week, Senator Mike Lee (R-UT) found 28 fellow Republicans who would vote to defund the nation’s transportation system except for a small Interstate maintenance fund, and leave it to states to make up for the lost funding.

It would be a massive hole to fill for states and localities. Many already are struggling to raise additional revenue to make ends meet while Congress continues kicking the can down the road. Would they have the ability or political will to raise the equivalent of millions (or billions) in lost federal revenue? And what would happen to our country if the feds walked away from the national interest in our transportation system that spans multiple modes, state borders and moves goods and people across jurisdictional boundaries every day?

Other GOP members appeared to have grave doubts about such a strategy, and instead argued forcefully for shoring up the program for the long haul.

We believe most Americans would prefer to see our nation continue to make first-world levels of investment in our infrastructure – particularly if more of it comes to their communities to solve their local issues and address their priorities. That’s why we’re fighting for a long-term funding solution that gives local communities more resources and latitude, while ensuring that our bridges, roads and transit networks remain strong and safe across the nation.