enabling legislation Archives - Transportation For America

Georgia’s legislature moved last night to enable Atlanta to fund new transit & local projects

After an up-and-down last few years when it comes to transportation funding, the Georgia state legislature successfully passed a pared-back bill last night that will allow voters in the City of Atlanta to decide whether or not to raise new funds for expanded transit service throughout the city, in addition to other transportation investments in the city.

Thanks to state legislation, transit could be finally coming to Atlanta’s BeltLine, running alongside the popular trails. Photo via Beltline.org

Under a new law passed late night by the Georgia legislature in the dying hours of the session, the city will be able to put a question on the ballot to finally add transit to the one-of-a-kind Beltline around the city, expand existing bus and rail service, or fund other new transit projects. The city will also be able to raise new funds for streets and highways and the remainder of Fulton County (which surrounds and includes part of Atlanta) will be able to raise new local sales taxes for road and transit projects outside the city.

The legislation (SB 369) enables three new local funding sources, each dependent on approval through voter referenda. 1) The City of Atlanta can request voter approval for an additional half-cent sales tax through 2057 explicitly for transit, bringing in an estimated $2.5 billion for MARTA transit. 2) Through a separate ballot question the city could ask for another half-cent for road projects. 3) And in Fulton County outside the city, mayors will need to agree to a package of road and transit projects and ask voters to approve up to a ¾-cent sales tax to fund the projects.

After a bigger regional bill failed a few weeks ago that would have given the transit ballot authority to more counties and municipalities outside of the core city and Fulton county, the Atlanta Journal Constitution reported that last night’s bill “represents a compromise with GOP lawmakers who opposed an earlier plan put forth by Sen. Brandon Beach, R-Alpharetta.”

That effort earlier in the session would have enabled a larger transit measure in Atlanta and both adjoining counties, Fulton and DeKalb. Opposition to new transit measures — especially in Fulton County — sunk that legislation and when that bill died a few weeks ago, it seemed at the time like the end of the line for new transit funding in this legislative session.

Last night’s compromise bill that emerged from the ashes will enable a new, long-term funding stream for transit in the city of Atlanta, where support is the strongest. If approved, the new funding would allow the largest expansion of MARTA in the system’s history and allow more transit to connect and permeate growing in-town neighborhoods.

LOOKING BACK IN ATLANTA

After an up-and-down last few years for transportation funding, this is a big win for the regional economic powerhouse of metro Atlanta.

T4America members like the Metro Atlanta Chamber have been hearing from their members (and potential recruits looking to locate in Atlanta) how important expanded transit is to the city and region’s future. In our widely-cited story from last year, we chronicled how employers in the city are increasingly locating near transit to attract a younger, talented workforce, including State Farm’s plan to build literally right on top of a northside MARTA station.

Dave Williams, VP of Infrastructure & Government Affairs for the Metro Atlanta Chamber and T4A Advisory Board member remarked, “We’re thrilled that MARTA will be back in expansion mode for the first time in more than 15 years. The measure that passed will give Atlanta the opportunity to generate over $2.5 billion in local funding for transit projects. It’s an extraordinary positive step to create more commuting options and there will be more to come.”

“This success resulted from many partners in our community collaborating, including business interests, civic groups, environmental concerns, labor and trades, and engaged citizens,” he added.

Atlanta Mayor Kasim Reed called the failure of 2012’s massive regional transportation ballot measure that included an enormous list of road and transit projects the biggest failure of his political career. Back in the beginning of 2015 in our 15 things to watch in 2015 series of posts, we pointed to Mayor Reed as a person to watch last year, as he was trying to find a way forward on new transportation funding for the city.

[After 2012’s failed referendum, Reed] has often suggested that Atlanta might instead pair up with a few other nearby municipalities on a separate measure to raise funds for transportation. City of Atlanta and Dekalb county voters strongly favored the 2012 measure, so a joint Atlanta-DeKalb plan could be a possibility to watch for discussion of in 2015.

Which is pretty close to what happened this year.

After that 2012 mega-measure failed, they came close to getting new local funding authority for MARTA included in last year’s broad state transportation legislation which raised $900 million, mostly for road projects. But:

At one point during negotiations there was a provision that would have allowed the cities and counties that contribute to MARTA to increase the sales tax dedicated to the system by 0.5 percent via ballot measures, but this provision was removed from the final bill.

With potentially $2.5 billion to invest in new projects, if approved by the voters, MARTA Board Chairman Robbie Ashe told the Atlanta Journal Constitution that the regional transit agency is already working on a list of projects that could be funded through a new local tax in Atlanta.

“My best guess is the lion’s share would go to expanding the transit on the Beltline,” said Ashe, adding that the city might also contemplate building infill rail stations or extending a rail line by a stop or two.

Because of financial constraints, constructing transit lines along the entire 22-mile circle of the Beltline would likely have to be done in phases, rather than all at once, said Ashe.

This is welcome news, but they’re not finished yet. We’ll be watching closely as the city formulates their plan and begins to put together a campaign for a successful ballot measure, possibly as soon as this Fall.

This post was co-written by Dan Levine and Stephen Lee Davis

Massachusetts event highlights the growing trend of states moving to enable more local transportation funding

“Let the voters decide.” It’s a mantra we hear all the time in politics, but not quite as much in transportation. Yet that’s starting to change, as nearly a dozen states have taken steps to empower local communities with new or enhanced taxing authority for transportation over the last few years, putting the question directly in the hands of voters.

Update: (5:23 p.m.) WAMC radio story about the briefing is at the bottom of this post.

Like in Utah, where legislature moved in 2015 to increase the state’s gas tax, tie it to inflation, and then provide individual counties with the ability to go to the ballot to increase sales taxes to raise yet more dollars to invest in their local transportation priorities. Voters approved the 0.25% sales tax increase in ten of the 17 counties where it was on the ballot last November. And in Virginia, state legislators in 2014 created a new regional funding mechanism and boosted sales taxes in the state’s two biggest metro areas (Northern Virginia and Hampton Roads) explicitly and only for transportation projects.

This growing movement of states taking action to empower local communities and put questions in the hands of the voters was the hot topic at a legislative briefing in the Massachusetts state capitol this morning, sponsored by a host of organizations including Transportation for Massachusetts and the Metropolitan Area Planning Council.

MA policy breakfast james corless mayor ballard 2

From left, Salem Mayor Kim Driscoll, MAPC executive director Marc Draisen, Former Indianapolis Mayor Greg Ballard, T4A Director James Corless (speaking), Pioneer Valley Planning Commission executive director Tim Brennan and Kristina Egan from Transportation for Massachusetts at this morning’s breakfast in the MA state capitol.

The briefing was in support of S1474 and H2698, bills in the Massachusetts legislature known as “enabling legislation” that would allow cities, towns or groups of cities new authority to raise one of four different sources of local taxes explicitly for local transportation projects.

Tracking state policy & funding

We are closely tracking this piece of state legislation and scores of others as part of our new resource on state transportation policy & funding. Visit our refreshed state policy bill tracker to see current information about the states attempting to raise new state or local funding in 2016, states attempting to reform how those dollars are spent, and states taking unfortunate steps in the wrong direction on policy.

T4America Director James Corless kicked off the discussion speaking to his own experience with ballot measures in California. “There is no better way of rebuilding the transportation brand with voters than asking them to tax themselves for projects and then delivering those projects and making good on that promise,” he explained.

In Indiana, the legislature acted in 2014 to change state law and allow metro Indianapolis counties to have a long-awaited vote on raising income taxes to fund an ambitious new public transportation network built around bus rapid transit.

Former Indy Mayor Greg Ballard, who told the Indy Star that he’d “been to the Statehouse more on [Indy’s enabling legislation] than any other issue,” was shared a local perspective this morning on how important it is for local cities to have more of a hand in deciding their own future and staying competitive.

“This is all about attracting talent…the local option transportation tax is a critical tool for mayors because, let’s face it, mayors know best what their most pressing transportation problems are,” Mayor Ballard said.

“When I became mayor we had one transit line on a map. We had no bigger, regional vision. What our local option tax has done is allow us to think big. So we now want to take seven new transit lines to the voters, and the local option tax made it possible to embrace such an ambitious vision. People used to move for a job now they move for a place – that’s why transportation and quality life is critical to make your economy competitive.”

The leaders of Massachusetts’ cities and towns are eager to put the question to voters. Marc Draisen, executive director of the Metropolitan Area Planning Council in the Boston metro area, said, “This bill sets a high bar — you have to let local voters decide on their own future…if they don’t like it, they will reject it.”

And the Mayor of Salem, Kim Driscoll, said that as things stand now without the legislation, it’s an uphill battle for cities like hers to invest in what they most need to stay competitive.

“The ability to connect people to places is critical. But for a place like Salem we simply don’t have the tools to invest in the projects that can make that happen,” she said. “This bill would unlock great ideas in the communities that really want it”

T4America director James Corless reminded everyone that the success of local cities and towns are intrinsic to the state’s economic prosperity.

“The best ideas are coming from cities and towns; empowering communities and promoting innovation is essential to a strong future.”

Updated 5:23 p.m. — WAMC Northeast Public Radio did a story about this morning’s briefing. Read or listen to the story here. An excerpt:

State Senator Ben Downing is sponsoring a bill to enable a community or group of municipalities to enact a tax to finance local transportation projects.

“This is a way to control much more directly how we raise and how we spend money for transportation,” Downing said. “It’s also a way to guarantee that the dollars that are raised will stay in the community where they are raised.”

…Transportation for America Director James Corless says since 2013 10 states have passed similar legislation. “In part they realize Congress is not going to come to their rescue anymore and increasingly even state capitals are broke,” said Corless.

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This story is part of the work of T4America’s START Network — State Transportation Advocacy, Research & Training — for state elected leaders and advocates working on similar state issues.

Find out more and join today.

After spurning it for decades, suburban Atlanta county seems poised to join regional transit system

In many states local jurisdictions have to get permission from their state legislature to raise local funds for transportation. One of the most notable examples of this will be taking place in a county in the heart of metro Atlanta, Georgia.

Click for more stories and information about a few key issues that will be decided on November 4

From the day when Clayton County, one of metro Atlanta’s core five counties, had to cancel their bus transit service outright in 2010, local leaders have been trying to figure out how to bring back transit service back and better connect their residents with jobs and opportunities.

In a county with a large population of low-wage workers, residents and employers alike are hungry for an affordable and reliable way to get around and get to work. C-Tran, the former county-run bus service, provided more than 2 million rides each year, helping residents get to jobs — especially the thousands of jobs in or near bustling Hartsfield-Jackson International Airport in the north end of the county.

Read a short story of how shutting down the system affected one Clayton resident. From the Atlanta Journal-Constitution.

Click to open

It was a huge blow to the residents of Clayton County when county commissioners shut the service down in 2010 in the face of a recession-fueled budget crisis. Federal start-up funds and support from the Georgia Regional Transportation Authority had kept the service going since the early 2000s, but with that funding drying up the county faced a deficit that was too much to overcome.

Clayton County voters will decide a one-percent sales tax on Nov. 4 that will bring them into the MARTA system and bring bus service into the county. Flickr photo by James Williamor.

On Nov. 4, Clayton County voters will decide on a measure to increase the local sales tax by a percent to join MARTA, the regional transit system. Doing so would restore bus service and jumpstart planning for bus rapid transit or a rail extension in the years to come. As county commissioners debated whether or not to put the question on the ballot, they heard hefty support from residents, who turned out to meetings to urge commissioners to make a vote happen. And most of the commissioners saw the need. From a piece by Next City, published just yesterday:

At a packed board of commissioners meeting on July 1st, former State Rep. Roberta Abdul Salaam described what this looked like for formerly bus-dependent residents.

“I have people, students, young men that can’t take jobs for the summer because we don’t have transportation for them,” she said. “And someone said earlier don’t make it emotional — well let me just apologize now. I get emotional when I see little old women walking down Tara Boulevard in the ditch in the rain, and there’s not even anywhere to pull over and pick her up.”

Yet voters in Clayton County, or anywhere else, can only have this opportunity if the state they live in has authorized local communities to raise revenues through ballot measures.

“Enabling” legislation

State enabling laws must be in place before local ballot measures can even be considered — they either have to be on the books already, or passed ahead of a specific measure (as happened in Clayton’s case). These laws can govern many aspects of local ballot measures, including the type and duration of the levy, the process for getting a measure on the ballot, the permissible uses for the revenue, and sometimes even the exact language that must be presented to the voters.

A handful of bills were passed recently enabling local governments to raise local revenues for transportation in MN, PA, IN, NV, and CA and bills were considered in AL, MD, MI, SC, SD, UT, VA and WA during the 2013-2014 sessions. We recently covered a notable example in Indiana, where a law was passed just this year allowing Indianapolis to finally raise local funding to invest in their ambitious regional IndyConnect plan.

To make this vote possible for Clayton County, the Georgia General Assembly had to pass a pair of laws to “enable” Clayton to take the measure to the ballot, and they did so in 2013, with some specific restrictions.

Interestingly, state law already provided for Clayton to be a part of MARTA, and as one of the five core counties included in the 1970’s charter actually had a vote on the MARTA board. But Clayton and two other counties declined to pass the sales tax, and only the City of Atlanta, Dekalb and Fulton counties ponied up. In the meantime, Clayton had used it’s available sales tax percentage — state law caps it — for other purposes. That meant that the state had to waive that cap specifically for Clayton so they could decide on the MARTA tax. (A second piece of legislation was required to restructure the MARTA board to give Clayton County two representatives on the board starting next year.)

The legislation specified that the vote be restricted to raising revenue to join MARTA, rather than contracting for service as in the past, and the county had to take action this year.

Read this short primer on enabling legislation from our “Measuring Up” package of resources geared around state transportation funding.

Measuring Up

All state enabling laws are not created equal. A great counter-example is the one provided by the same Georgia assembly just a few years earlier. After no fewer than three tries before the state legislature, the state finally gave all Georgia metropolitan regions the power to pass regional transportation sales taxes. But that also came with a mandated two-year political process to develop a project list that swelled to 157 highway and transit projects for Atlanta in the end.

That 2012 referendum to raise $7.2 billion to invest in regional transportation needs failed in metro Atlanta for a lot of reasons, but as we opined at the time, the way the enabling law was written by the legislature may have contributed to its demise.

“Many voters also complained of a sense that the project list was a goodie bag for various political interests and not a cohesive plan to address well-articulated needs. The Legislature-mandated process almost assured that outcome. It called for creating a 21-member “regional roundtable” made up of a mayor and county commissioner from each of the region’s ten counties, plus the mayor of Atlanta. While the “pro” campaign pitched the project list as a solution to congestion, the list struck many voters as a collection of pet local projects that did not necessarily add up to a thought-through plan.”

In the end, there was a lot of “include my project on the list and we’ll support yours” horse-trading amongst the representatives developing the project list that might have doomed the measure.

Clayton’s prospects on November 4

But Clayton voters face a simple question on November 4: raise local sales taxes by a percent to join MARTA, create new robust bus service into the county starting in March 2015, and save half of the revenues (locked away in escrow) for planning or building some higher capacity transit in the years to come. And one thing we know from experience with ballot measures is that the simpler the question and the more clear it is what the money is going to buy, the more likely voters are to support it.

It’s also worth looking back at how Clayton County voted on that aforementioned regional transportation tax from 2012 — one that did include restored local bus service for Clayton, but which wasn’t expected to begin service for at least two to four years after the vote. It also included a handful of road improvement projects and initial development of a long-awaited commuter rail line south toward Macon that would run through the county.

If you look at that graphic, where Clayton is highlighted near the bottom, the bulk of the county’s precincts supported it between a 42-66% clip, with a handful of precincts at numbers below that. On top of that, more than 7o percent of voters approved the concept of participation in a regional transit system in a nonbinding referendum on the ballot just a couple of years ago.

The local experts we talked to were all cautiously optimistic that it’s going to pass, and many local political analysts are suggesting that it could possibly win by a pretty significant margin. Of course, turnout will play a big role in what happens, as always. We’ll be watching closely on election night and reporting back here, so stay tuned.

Want to know more about enabling legislation? Need help doing what Clayton County had to do and getting your state to clear the way for a local revenue-raising measure? Join us in Denver in just a few weeks on Nov. 13-14 for Capital Ideas — the premier conference for state legislation related to new transportation revenue.

Important state and local transportation measures will be decided at the ballot this year

This November a handful of measures will be decided at ballot boxes across the country to raise (or reduce in one case) new revenue for transportation at the local or state level. It’s not quite a new phenomenon — local communities have often gone to voters to raise additional money for transportation investments — but it’s grown in importance the last few years as federal transportation funding has been facing an increasingly uncertain future.

We will be keeping a close eye on a number of important races, including some that we’ve been following for some time.

In Pinellas County, Florida (St. Petersburg), voters will be deciding a question to raise the sales tax to build a light-rail system and put more buses on the road. According to the St. Pete Tribune, $30 million in property taxes that fund the transit agency would be replaced by an estimated $130 million a year from a one-cent sales tax hike. The new revenue would pay for the Greenlight Pinellas plan, which includes a 65 percent increase in bus service (including development of dedicated lanes for bus rapid transit) and development of new light rail. Supporters have brought together an impressive coalition, including vocal members of the business community. Michael Kalt, a senior vice president with the Tampa Bay Rays, told Greenlight that, “Transit is really the linchpin to economic success and improving the quality of life in any major metropolitan area.”

Just four years after their bus service was completely canceled, Clayton County, Georgia, one of metro Atlanta’s core counties, will go to the ballot to vote on approving a penny sales tax to restore local transit operations and join the regional MARTA system — something voters, local leaders and citizens alike strongly support. When Clayton County lost their bus service, they lost something that employers — especially those at mammoth Atlanta Hartsfield-Jackson Airport — depended on to get employees to work every day. There are thousands of airport-related jobs at the edge of Clayton County, and a good transit connection was a boost for residents and businesses desiring access to that economic magnet. This vote was made possible when the Georgia general assembly passed a measure to enable the local voters to raise that revenue; something known as “enabling legislation.” (Something we’ll be going into detail on with the agenda for Capital Ideas! -Ed.)

The Massachusetts legislature passed an ambitious plan in 2013 to raise the gas tax three cents and index it to inflation and requiring the state’s transportation agencies to raise more money from tolls, fees, fares, and others. Though all but one of the legislators who voted for the bill won their primaries earlier this year, opponents succeeded in getting a measure added to this November’s ballot to reverse the plan to index the gas tax to inflation (keeping the 3-cent increase, however.) In response, a broad coalition has been organized to urge MA voters to vote against Question 1 on the ballot to avoid cutting vital transportation funding that would help the state keep up with one of the oldest transportation systems in the country.

One consistent thread in these state and local stories is that the folks on the ground in these towns, cities, and metro areas know how important transportation is to their economic success. And keeping those local economies humming is key to our national economic prosperity.

Shortly after these important elections in November, the focus will turn to 2015 and what can be done to raise more money for transportation at the state level. Which is one reason why we’re convening a special conference called Capital Ideas on November 13th and 14th in Denver to bring those people making 2015 plans together with experts and veterans of successful plans to raise revenue at the state level.

Whether you are just beginning a funding campaign, working to overcome a legislative impasse, or defending a key legislative win, Capital Ideas will offer a detailed, interactive curriculum of best practices, campaign tactics, innovative policies, and peer-to-peer collaboration to help your initiative succeed. (Find out more about that here.)

Want to learn more about state and local transportation funding?

This afternoon, along with the Center for Transportation Excellence, we’re hosting a half day event to examine state and local transportation funding campaigns at the ballot box and beyond. While many of you who might like to attend won’t be there in the room with us, you can follow the conversation from us and hopefully many of the participants on Twitter.

Measuring Up 2

This afternoon’s event is part of Infrastructure Week 2014 in DC, an event to “focus on the consequences of inaction and the importance of interconnected infrastructure that provides a safe, secure and competitive climate for business operations nationwide.”

Our event focuses specifically on ballot measures or state legislation raising funds for transportation at the local level.

In cities, towns and suburbs across the country, local leaders are responding to new economic challenges with ambitious plans for their transportation networks. Scores of local communities across the country are finding ways to put their own skin in the game first with local funding while hoping for a strong federal partner to make those plans a reality.

Local leaders from Indianapolis, St. Louis, Atlanta, Nashville and Los Angeles among others will be on hand to share how they’ve successfully passed ballot measures or state legislation. There’s a lot to learn and we’ll be releasing some new materials later this week about the world of ballot measures and state legislation raising money for transportation. For example, did you know that all but 12 states have considered revenue-generating transit or multimodal ballot measures since 2000? And nearly half of those were measures to raise sales taxes?

Follow along this afternoon with the hashtag #MeasuringUp, where we’ll be sharing useful nuggets throughout the afternoon and hopefully participants will be as well. And the broader conversation for Infrastructure Week can be found at #RenewRebuild

And tweet right at us at @t4america and @CFTEnews

Indiana Governor signs bill allowing Indianapolis to vote on transit ballot measures

In a huge victory for citizens and the local business community, Indiana Gov. Mike Pence (R) Wednesday signed a long-sought bill giving metro Indianapolis counties the right to vote on funding a much-expanded public transportation network, including bus rapid transit.

(We wrote about this same bill passing the legislature earlier this week in a post looking at how states were helping or hurting local efforts to improve their transportation networks.) – Ed.

“Our capital city is a world class destination and needs a world class transit system,” said Governor Mike Pence in his statement shortly after signing the bill allowing the six metro Indy counties to hold referendums to let voters decide whether to build a transit system using mostly income-tax revenue. After at least three attempts by boosters over the last few years to get a bill approved, Governor Pence signed the bill late yesterday afternoon

For three years, Indy leaders asked the state legislature to give them the ability and control to ask their own voters if an improved regional transportation network was something worth a few dollars more each year in additional income taxes — something that Indiana counties cannot do without permission of the state. Local mayors, county executives, citizens and many in the local business community have been clamoring for an improved transit network — including rapid bus corridors — for years to help keep Indy competitive. They just wanted their chance to make the case to the voters and let the citizens of metro Indy make their decision.

Gov. Pence apparently heard the message:

“I am a firm believer in local control and the collective wisdom of the people of Indiana. Decisions on economic development and quality of life are best made at the local level. Whether local business tax reform or mass transit, I trust local leaders and residents to make the right decisions for their communities.”

This was certainly a big victory for the business community, and an issue on which Indy Mayor Greg Ballard had lobbied hard, telling the Indy Star that he’d “been to the Statehouse more on this than any other issue.”

“This marks a significant step forward for the growth of Indy and the rest of Central Indiana,” said Mayor Ballard in his statement yesterday afternoon. In many ways, though, the hard work is really just beginning. While the state has indeed empowered the five metro Indianapolis counties to take the question to the ballot, that might not happen before 2015, and will require a huge effort to coordinate between the different counties and make the case to voters.

“Today is a day for Indy to celebrate but not the day to declare victory. There is still much work to be done,” Mayor Ballard said.

The Indianapolis Metropolitan Planning Organization was delighted by the news as well.

“Our region’s leaders have worked diligently on this bill for years, and it’s a major milestone for transit in Central Indiana,” said Sean Northrup of the Indy MPO. “It’s not the finish line but it takes us one major step closer. The bill requires specific proposals, so we’ll continue to refine the Indy Connect plan and we’re looking forward to our next round of public input meetings this spring.”

Learn more about the Indy Connect plan here, and watch their video below.