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Tag: MAP-21

CBO: Highway Trust Fund hole even deeper than expected

New revenue projections for the Highway Trust Fund released this week from the Congressional Budget Office (CBO) show that, not only is the nation’s transportation fund going in the red sooner than expected, but the gap to maintain promised funding levels has increased by about $5 billion.

On Tuesday, CBO released its biannual projections of the Highway Trust Fund as part of their much larger “Budget and Economic Outlook: 2014 to 2024.”

The gloomy news from the CBO report is twofold: (1) The “transportation fiscal cliff” is likely to come before the end of September; and (2) fully funding MAP-21 for another year after it expires this September is projected to now require $19 billion — $5 billion more than originally thought.

Though the news from CBO is worse than many in DC expected, the bottom line hasn’t changed: If Congress doesn’t act sometime in the next eight months, nearly all of the federal transportation program will be halted in fiscal year 2015.

CBO Highway Trust fund annual shortfall projections Feb 2014

Specifically, the CBO report estimates the Highway Account of the Trust Fund will run out of cash to pay for day-to-day operations before the expiration of MAP-21 on September 30th. This is due in part to the fact that the Federal Highway Administration (FHWA) is supposed to reimburse states every business day, but gas tax receipts are deposited in the Trust Fund only twice a month. The uncertainty between gas tax receipts and cash outlays will require FHWA to slow payments to states and/or pay smaller sums should Congress not address the “transportation fiscal cliff” in a timely manner.

These forced actions by FHWA will result in states and local communities stopping investments in transportation projects that are critical to their long-term economic development. As a result, communities across the country that are raising their own taxes and hoping for a strong federal partner to support their efforts might have to shelve their ambitious plans.

Looking past the expiration of MAP-21 this September and into the future, the CBO report also gives us a sobering picture of just how much additional transportation revenue is needed to move forward. To fund a six-year authorization bill at the same spending levels as MAP-21, the trust fund needs an additional $100 billion in tax receipts or, however unlikely, transfers from the general fund for the fiscal period from 2015 to 2020. To fund a two-year bill similar to MAP-21 would require an additional $35 billion more than the trust fund currently brings in.

This picture won’t magically get any better, either. Inflation marches on and cars will continue using less and less gas. The roughly $39 billion of incoming gas tax revenues of today aren’t projected to grow a dime ten years from now, and many intelligent people think this projection could be too rosy, considering that the previously mentioned shifts in fuel efficiency and driving habits are expected to persist.

We absolutely must invest more money in America’s transportation system, and Transportation for America’s alliance of elected, business and civic leaders are working to move Congress toward timely action on this vital issue. Please read Transportation for America’s plan for an increase in federal transportation funding that rewards smart, locally driven transportation projects and guarantees local communities get the money they need to fix an aging system while also building the new infrastructure their economies depend on.

T4 America releases new guide to implementing MAP-21

Transportation for America today released an easy-to-follow handbook to help stakeholders understand and engage in implementing the new federal transportation law adopted last summer.

Making the Most of MAP-21: A Guide to the 2012 Federal Transportation Law — And How to Use it for Positive Change in Your Community features both narrative chapters and two-page explainers on the key features of the new program, from the consolidated highway program to the new transportation alternatives, as well as new financing options.

“Making the Most of MAP-21 is in an invaluable tool for those at the municipal level who are seeking both to understand the scope of the changes in the federal law, and determine how they can effect change at the local level,” said John Robert Smith, the co-chair of T4 America and the former four-term mayor of Meridian, MS.

After nearly three years of extensions of the expired previous transportation law, Congress in July adopted Moving Ahead for Progress in the 21st century, or MAP-21. While it stopped short of providing more robust funding or a sweeping vision for infrastructure in the 21st century, MAP- 21 makes significant changes to federal transportation policy.

For one, it will mean that much more will depend now upon how well state departments of transportation manage affairs and attend to the needs of all their constituents. Federal law no longer sets aside a minimum amount of money for repairing our roads and bridges, leaving it to states to decide whether to repair or replace what we have, or to build new facilities that will themselves need to be maintained. More types of projects now compete for the money allocated to metropolitan areas. The law cuts by a third the money dedicated to make our roads and neighborhoods safer for walking or biking, but it gives localities more direct control over what remains.

“MAP-21 provides some opportunities for communities like ours to win federal support for our vision for a better future – but only if we know when, where and how to affect the decision-making process,” said Peter McLaughlin, a commissioner in Hennepin County, MN. “With this handbook, T4America has given us a road map for doing that.”

The handbook includes handy reference tables for funding by program for each state, as well as public transportation apportionments, bridge conditions, pedestrian and bicycle fatalities, the impact of transit service on local congestion and transportation costs by metro. It also offers a compendium of arguments that community supporters can use to bolster their desire to broaden local transportation options, make their streets safer and keep their system in good repair.

Find the handbook on the web with all of T4 America MAP-21 resources at https://t4america.org/resources/map-21.

Automatic budget cuts looming for transportation programs

In-demand and innovative transportation programs could face severe cuts come January due to an agreement made as part of the debt deal last year. But as a surprise to some, traditional highway programs funded mostly by the gas tax may be facing cuts as well.

Within the last-minute deal to raise the debt ceiling earlier this year, a proverbial doomsday device was put in the room with the supercommittee charged with coming up with the cuts needed to lower the deficit, in hopes of getting them to reach an agreement: Come up with the required cuts/revenue increases to hit the mark, or else hefty budget cuts of 8.2 percent across the board to discretionary programs would go into effect on January 1, 2013 and last for ten years. (The other half of automatic cuts would come from defense spending, with Social Security and Medicare/Medicaid almost entirely exempt.)

Because the supercommittee failed to reach an agreement, we’re facing hefty cuts in transportation spending for the next fiscal year. The heaviest burden will fall on the “discretionary” transportation programs that fund many important projects in high demand that aren’t typical highway projects: TIGER grants, New Starts transit construction, and even Amtrak.

Most of a state’s typical highway department budget comes from what’s known as formula programs, which everyone thought was protected until just recently.

Many states probably breathed a sigh of relief when the announcement was made that the programs funded by trust funds — like the Highway Trust Fund that comes from gas taxes and funds the formula grants to states — would be exempt from the cuts.

The problem with that, and what everyone seemed to forget, is that even the highway trust-fund formula programs are now getting huge infusions from general funds each year, making them susceptible to cuts. MAP-21, as you might remember, was only able to maintain the same funding level of the last transportation bill by cobbling together other sources of general funds, because the declining gas tax doesn’t raise enough revenue to cover spending — a structural financing problem for transportation that MAP-21 did not solve.

With about $20 billion in general fund revenues required to cover the difference in MAP-21 over its short life, that means formula programs will also face cuts this year. But discretionary programs will still take the brunt of the cuts (more than 7 percent), while the other highway formula programs get a haircut of only 1.3 percent.

Which means that the $500 million TIGER program takes a cut of $41 million. The almost-$2 billion New Starts program that funds all new transit construction is taking a $156 million cut — or about the entire cost of the soon-to-open 3.9-mile Tucson, Arizona Streetcar. Due to record ridership and sound management this year Amtrak asked for slightly reduced operations funding so they could plow the difference into capital expenses and improve the northeast corridor. Instead, Amtrak faces a cut of $116 million.

The only bit of good news — and there’s not much — is that transit formula programs (New Starts is discretionary) aren’t facing any cuts this year, because the transit account is still solvent and won’t be getting a general fund infusion this year. That changes next year, when transit would face cuts along with everything else.

Ultimately, though, the automatic “sequestration” cuts are really a bit of a black box, and there’s still a lot of confusion about what will and what won’t be cut. Even insiders within Congress or DOT aren’t sure exactly what will happen on January 1.

To avoid this massive mess our leaders in Congress need to find a way to stave off these automatic cuts and hopefully save the important transportation programs like TIGER that are funding many of the projects that have a hard time getting funding under old-school highway formulas. Whether there’ll be the political will to do that or not may be determined in large part by the November election.

Full T4 America summary of Senate bill

While the House considers whether or not to approve some sort of short-term extension or the House version of the Senate MAP-21 transportation bill, we’ve finalized this detailed summary of what’s contained in the Senate bill. It details most everything we know about the provisions in MAP-21, what the funding levels would be, and what significant policy changes would result from this two-year bill. It’s quite detailed and probably intended for the more policy-inclined among you out there.

Senate MAP-21 Summary (pdf)

Graphic: A closer look at the Senate MAP-21 vote by state

As this map and graphic below amply demonstrates, the Senate’s transportation bill not only was developed with bipartisan input and adopted with votes from both parties, but it garnered support from every region of the country and from the reddest of “red” states — Georgia, Alabama, Texas, Oklahoma — and the bluest of blue — California, New York — as well many others that trend purple. Click to enlarge.

This is a noteworthy accomplishment in this Congress, and one that House leaders should take note of before dismissing HR 14 out of hand. (HR 14 is identical to the Senate’s MAP-21, and is before the House right now.)

No one is saying the House shouldn’t debate its own amendments to the Senate bill. Indeed, there are several areas we would like to see strengthened. But with the clock ticking, construction machines idling and Americans looking to get to work, the Senate bill’s bipartisan provisions form a strong base for a House debate.

That was exactly the message contained in this bipartisan letter (pdf) sent to House leadership just this week by Rep. Dold (R-IL) and Rep. Blumenauer (D-OR) and signed by Reps. Biggert (R-IL), Quigley (D-IL), Charles Bass (R-NH) and Larsen (D-WA).

“With funding for transportation and infrastructure projects expiring at the end of the week, it is critical that we act as soon as possible to provide certainty in the transportation and infrastructure sector that employs so many Americans,” said Rep. Robert Dold (R-IL-10). “I firmly believe transportation is a bipartisan priority that extends beyond partisan politics- that is why I am urging the House to consider the bipartisan Senate bill if it cannot bring a viable longer-term bill to the House floor by the March 31 expiration.  We must reach a bipartisan consensus now to ensure that local transportation agencies can better plan for the future, and so that these important projects and jobs can continue.”

Would we, like the House members who signed this letter, prefer a longer bill, in an ideal world? Yes, if it had the right policies and an appropriate source of revenue.

However, with the time available, and in an election year where every vote is a litmus test, an attack ad waiting to happen or a political message of some kind, the Senate is offering a sound path forward that everyone should be able to live with now, and build from in the future.

Relatedly, we have completed a long and detailed summary of everything we know about the Senate’s MAP-21 bill, which you can download in its entirety here. (pdf)

Senate MAP-21 transportation bill amendment tracker

UPDATED 3/14/12 2:00 p.m. The Senate has approved MAP-21 by a strong bipartisan vote of 74-22. All of the amendments below have been voted on, incorporated into the bill through a manager’s amendment, or withdrawn by their sponsors. Read our full statement on the Senate bill.

Last week the Senate struck a deal to begin debating the bipartisan MAP-21 transportation bill and vote on 30 amendments that leadership of both parties agreed to consider. We are tracking the votes on the amendments with these tables below, where you can also find summaries of each amendment. Note: If you bookmarked last Thursday’s post with the amendment table, no worries — the same tables are embedded in that post as here, so they’ll update in both places at the same time. We just wanted to push out a new, simpler post today.

The Senate does have a vote scheduled for the full bill after the amendments but due to how the Senate operates with time limits and votes, they may not have time to consider the full bill today. Check back throughout the day for updates, and follow us on Twitter for updates in real time.

Final transportation-related MAP-21 amendments

Senator and #DescriptionOutcome or Notes
Cardin-Cochran 1549Local Access and Control This provides local communities and metropolitan regions with access to the "Additional Activities" pot of funding through a competitive grant program — funding that they can use for main street revitalizations, boulevard conversions, new bike facilities, or safety improvements to make streets safer for everyone. Large metro areas will receive some funds directly. Read our explainer on the amendment hereAdopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Franken-Blunt 1543Bridge Repair This would help provide adequate funding and flexibility to states to repair and rehabilitate the 180,000 federal-aid bridges that are not on the National Highway System (NHS). These bridges would become eligible for a 40% share of the main highway program funds (National Highway Performance Program) that aren't currently required for repairing the National Highway System.Adopted into Senate manager's amendment package on 3/1/12.

One-pager on federal-aid bridges (pdf)

Amendment text (pdf)
Landrieu 1630Protecting MPOs from State Penalties This ensures that metropolitan areas (MPOs) aren't left on the hook for financial penalties if states do not meet their state requirements for fixing roads and bridges or develop a state highway safety plan.Adopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Blunt-Casey 1540Repairing Non-Federal-aid Bridges This would require states to dedicate a specific percentage of their highway funds to repairing bridges that are not on the National Highway System and also not located on a Federal-aid highway.The amendment passed by an unrecorded voice vote.
DeMint 1756 Turning federal program over to states This would transfer most responsibility for surface transportation to states and remove many regulatory requirements. The Federal government would continue to fund Interstate maintenance, transportation research, and safety. Finally, this amendment would end all dedicated funding for transit programs.The amendment failed, by a count of 30-67.
Bingaman 1759Privatized highways This would reduce the amount of Federal highway money states receive each year to account for roads that have been privatized, The majority of Federal highway dollars are sent to states based on the total number of lane miles, this ensures that states don't get federal money based on including lane-miles that they're not actually responsible for maintaining.The amendment passed by a count of 50-47.
Coats 1517State spending caps Under this amendment, states would get back only what they put into the Highway Trust Fund in a given fiscal year, defeating the ability of a federal program to shift revenues based on important regional or national purposes.The amendment failed, by a count of 28-70.
Brown (OH) 1819Buy America This would apply "Buy American" requirements to all highway and transit projects. This would ensure that a higher percentage of manufactured goods and commodities (e.g. steel, concrete, etc.) are produced within the United States. The amendment passed by an unrecorded voice vote.
Merkley 1653Farm vehicle exemptions This would exempt certain farm vehicles, including the individual operating that vehicle, from certain requirements, including commercial drivers' licenses, drug testing, and certificationsThe amendment passed by an unrecorded voice vote.
Portman 1736Gas tax flexibility States would keep their gas taxes and be able to essentially "opt-out" of the federal surface transportation program entirely. Transportation projects developed by states that "opt-out" would not be subject to any Federal highway, transit, and related environmental regulations. The amendment failed, by a count of 30-68.
Klobuchar 1617Ag transportation This amendment would exempt drivers from maximum driving and on-duty regulations for drivers of agricultural farm supplies and agricultural products during planting and harvesting periods.The amendment passed by an unrecorded voice vote.
Corker 1785Discretionary spending cap adjustment This amendment would cut discretionary spending by $20 billion on top of the cuts Congress already has agreed to.The amendment failed, by a count of 40-58.
Shaheen 1678Small bus systems Public transportation providers that operate between 50 and 75 buses would be allowed the flexibility to use a portion of their federal funds to cover the cost of operations. Systems operating fewer than 50 buses would be permitted to use a larger share of their federal funds to cover the cost of operations.This amendment was withdrawn by the sponsor.
Portman 1742Rest areas This amendment would allow states to permit any non-highway use in any rest area along any highway, including any commercial activity that does not impair the highway or interfere with the full use and safety of the highway. The amendment failed, by a count of 12-86.
Corker 1810Limitation on expenditures Beginning in 2005, Congress authorized spending more money each year from the Highway Trust Fund than it took in, resulting in declining balances. This amendment would eliminate this practice and ensure that expenditures from the Fund were equal to amounts deposited for a given fiscal year.This amendment was withdrawn by the sponsor.
Carper 1670Tolling This amendment would expand the ability of states to apply for authority to toll certain Federal-aid highways, with proceeds available for investments in the corridor, helping to create alternatives in that tolled corridor.This amendment was withdrawn by the sponsor.
Hutchison 1568Tolls This would reduce the ability of states to apply to USDOT for authority to toll certain Federal-aid highwaysThis amendment was withdrawn by the sponsor.
McCain 1669Grand Canyon – noise abatement This would exempt certain commercial air tour aircraft from noise restrictions, air traffic control restrictions (minimum altitude requirements) and environmental restrictions. In addition, it would set a 15 year deadline for conversion of air tour aircrafts operating in the Grand Canyon National Park to certain quiet technologies. This amendment was superseded by provisions in the manager's package and withdrawn by the sponsor.
Alexander 1779Over-flights of national parksThe amendment passed by an unrecorded voice vote.
Boxer 1816Emergency exemptions This "Sense of the Senate" resolution urges agencies to take advantage of procedures in current law to move expeditiously when rebuilding after a disaster. The amendment passed by a 76-20 count.
Paul 1556Emergency exemptions for projects When rebuilding any project closed due to safety reasons, this would exempt those projects from environmental reviews, approvals, licensing and permit requirements for rebuilding a project that was closed due to safety reasons.The amendment failed, by a count of 42-54.

Final amendments totally unrelated to transportation

Senator and #DescriptionStatus and notes
Vitter 1535Outer Continental Shelf Allows the proposed 2010-2015 Outer Continental Shelf Oil and Gas Leasing Program to bypass the environmental review process required by NEPA – thereby approving it.Failed to reach the required 60 votes, falling 46-52.
BaucusRegarding rural schoolsPassed with more than the required 60 votes by 82-16.
Collins 1660Boiler MACT This amendment nullifies existing protections against mercury and toxic air pollution from incinerators and industrial boilers, then delays compliance with any new standards by a minimum of 3.5 years. This reduces EPA's current environmental quality standards for industrial boilers and eliminates national emission standards for hazardous air pollutants for major sources, area sources, and industrial, commercial, and institutional boilers and process heaters.Failed to reach the required 60 votes, falling 52-46.
Coburn 1738OMB/Duplicative Programs This would cut the discretionary funding caps by another $10 billion from the recently agreed upon level in the Budget Control Act (BCA). Failed to reach the required 60 votes, falling 52-46.
Nelson FL-Shelby-Landrieu 1822RESTORE (the Gulf) This would address a key recommendation of the President’s National Oil Spill Commission to direct 80% of Clean Water Act penalties collected as a result of the BP Gulf oil disaster towards restoration of the Gulf of Mexico ecosystem. Passed with more than the required 60 votes by 76-22.
Wyden 1817Keystone pipeline This prohibits oil exported through the Keystone XL pipeline to be sold internationally.Failed to reach the required 60 votes, falling 34-64.
Hoeven 1537Keystone pipeline This would have Congress approve the already-rejected Keystone XL tar sands oil pipeline without necessary environmental review or a process to determine if the project is in the national interest.Failed to reach the required 60 votes, falling 56-42.
Levin 1818Offshore Tax Havens Adds special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or significantly impede United States tax enforcement.Passed by an unrecorded voice vote.
Roberts 1826Energy Tax Extenders This bill is offered as a side-by-side to Stabenow's 1812 but also including approval of the Keystone XL oil pipeline.Failed to reach the required 60 votes, falling 41-57.
Stabenow 1812Energy Tax Extenders This includes provisions to extend critical incentives that support renewable energy and energy efficiency. It extends the renewable energy production tax credit, the 48C manufacturing tax credit, the 1603 Treasury Program, the efficient existing and new homes tax credit and the efficient appliances tax credit, allows for the inclusion of algae in biofuel incentives and expands the 48C investment tax credit to offshore wind. Failed to reach the required 60 votes, falling 49-49.
DeMint 1589Repeal of energy tax subsidies This would repeal incentives for clean energy, including the renewable energy production and investment tax credits, and the cellulosic biofuel tax credit, as well as subsidies for traditional fossil fuel industries.Failed to reach the required 60 votes, falling 26-72.
Menendez-Burr 1782Alternative vehicles (natural gas) This would promote the purchase and use of natural gas vehicles with an emphasis on heavy-duty and fleet vehicles.Failed to reach the required 60 votes, falling 51-47.

Senate reaches agreement on amendments, will begin debating transportation bill today

Just one day after a procedural vote failed, the Senate late last Wednesday reached an agreement that will allow them to begin debating the MAP-21 transportation bill and start voting on amendments today.

The hangup on moving the bill forward was disagreement on which amendments would be voted on — there were over 200 amendments filed, many of which didn’t have anything to do with transportation, and there was no way that all of them would be considered. A handful of them were included in a manager’s package that essentially folds them into the overall bill, including the Cardin-Cochran amendment and several others that T4 America is supporting.

A total of 30 amendments will be considered by the Senate, with no possible way for others to be offered or debated, per the agreement.

The real point of contention and the reason the cloture vote failed on Tuesday was the fact that many Senators wanted to debate and vote on potentially contentious amendments that have little or nothing to do with transportation, like opening up the Outer Continental Shelf to oil drilling, or approving the contentious Keystone XL oil pipeline — both of which are included in the 30 amendments that will be considered starting today.

Along those lines, there are 18 amendments having to do with transportation policy in some way, and 12 that have nothing to do with transportation, known as  “non-germane” amendments. Tables of both of those are below, and we’ll be filling in the summaries throughout the day as we read and decipher them.

The Senate made it through 7 amendments last Thursday, leaving about 23 for today, and a possible final vote on the Senate floor as early as tonight. But when or if they do pass MAP-21, per the agreement, they are not going to move it immediately to the House, giving the larger chamber another chance to pass a bill of their own. (The House is on recess this week.)

You can track the amendments with the tables below.

Last updated: 3/13/12 12:30 p.m ET  — Summaries added for each amendment and vote totals will be added as they happen.

Final transportation-related MAP-21 amendments

Senator and #DescriptionOutcome or Notes
Cardin-Cochran 1549Local Access and Control This provides local communities and metropolitan regions with access to the "Additional Activities" pot of funding through a competitive grant program — funding that they can use for main street revitalizations, boulevard conversions, new bike facilities, or safety improvements to make streets safer for everyone. Large metro areas will receive some funds directly. Read our explainer on the amendment hereAdopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Franken-Blunt 1543Bridge Repair This would help provide adequate funding and flexibility to states to repair and rehabilitate the 180,000 federal-aid bridges that are not on the National Highway System (NHS). These bridges would become eligible for a 40% share of the main highway program funds (National Highway Performance Program) that aren't currently required for repairing the National Highway System.Adopted into Senate manager's amendment package on 3/1/12.

One-pager on federal-aid bridges (pdf)

Amendment text (pdf)
Landrieu 1630Protecting MPOs from State Penalties This ensures that metropolitan areas (MPOs) aren't left on the hook for financial penalties if states do not meet their state requirements for fixing roads and bridges or develop a state highway safety plan.Adopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Blunt-Casey 1540Repairing Non-Federal-aid Bridges This would require states to dedicate a specific percentage of their highway funds to repairing bridges that are not on the National Highway System and also not located on a Federal-aid highway.The amendment passed by an unrecorded voice vote.
DeMint 1756 Turning federal program over to states This would transfer most responsibility for surface transportation to states and remove many regulatory requirements. The Federal government would continue to fund Interstate maintenance, transportation research, and safety. Finally, this amendment would end all dedicated funding for transit programs.The amendment failed, by a count of 30-67.
Bingaman 1759Privatized highways This would reduce the amount of Federal highway money states receive each year to account for roads that have been privatized, The majority of Federal highway dollars are sent to states based on the total number of lane miles, this ensures that states don't get federal money based on including lane-miles that they're not actually responsible for maintaining.The amendment passed by a count of 50-47.
Coats 1517State spending caps Under this amendment, states would get back only what they put into the Highway Trust Fund in a given fiscal year, defeating the ability of a federal program to shift revenues based on important regional or national purposes.The amendment failed, by a count of 28-70.
Brown (OH) 1819Buy America This would apply "Buy American" requirements to all highway and transit projects. This would ensure that a higher percentage of manufactured goods and commodities (e.g. steel, concrete, etc.) are produced within the United States. The amendment passed by an unrecorded voice vote.
Merkley 1653Farm vehicle exemptions This would exempt certain farm vehicles, including the individual operating that vehicle, from certain requirements, including commercial drivers' licenses, drug testing, and certificationsThe amendment passed by an unrecorded voice vote.
Portman 1736Gas tax flexibility States would keep their gas taxes and be able to essentially "opt-out" of the federal surface transportation program entirely. Transportation projects developed by states that "opt-out" would not be subject to any Federal highway, transit, and related environmental regulations. The amendment failed, by a count of 30-68.
Klobuchar 1617Ag transportation This amendment would exempt drivers from maximum driving and on-duty regulations for drivers of agricultural farm supplies and agricultural products during planting and harvesting periods.The amendment passed by an unrecorded voice vote.
Corker 1785Discretionary spending cap adjustment This amendment would cut discretionary spending by $20 billion on top of the cuts Congress already has agreed to.The amendment failed, by a count of 40-58.
Shaheen 1678Small bus systems Public transportation providers that operate between 50 and 75 buses would be allowed the flexibility to use a portion of their federal funds to cover the cost of operations. Systems operating fewer than 50 buses would be permitted to use a larger share of their federal funds to cover the cost of operations.This amendment was withdrawn by the sponsor.
Portman 1742Rest areas This amendment would allow states to permit any non-highway use in any rest area along any highway, including any commercial activity that does not impair the highway or interfere with the full use and safety of the highway. The amendment failed, by a count of 12-86.
Corker 1810Limitation on expenditures Beginning in 2005, Congress authorized spending more money each year from the Highway Trust Fund than it took in, resulting in declining balances. This amendment would eliminate this practice and ensure that expenditures from the Fund were equal to amounts deposited for a given fiscal year.This amendment was withdrawn by the sponsor.
Carper 1670Tolling This amendment would expand the ability of states to apply for authority to toll certain Federal-aid highways, with proceeds available for investments in the corridor, helping to create alternatives in that tolled corridor.This amendment was withdrawn by the sponsor.
Hutchison 1568Tolls This would reduce the ability of states to apply to USDOT for authority to toll certain Federal-aid highwaysThis amendment was withdrawn by the sponsor.
McCain 1669Grand Canyon – noise abatement This would exempt certain commercial air tour aircraft from noise restrictions, air traffic control restrictions (minimum altitude requirements) and environmental restrictions. In addition, it would set a 15 year deadline for conversion of air tour aircrafts operating in the Grand Canyon National Park to certain quiet technologies. This amendment was superseded by provisions in the manager's package and withdrawn by the sponsor.
Alexander 1779Over-flights of national parksThe amendment passed by an unrecorded voice vote.
Boxer 1816Emergency exemptions This "Sense of the Senate" resolution urges agencies to take advantage of procedures in current law to move expeditiously when rebuilding after a disaster. The amendment passed by a 76-20 count.
Paul 1556Emergency exemptions for projects When rebuilding any project closed due to safety reasons, this would exempt those projects from environmental reviews, approvals, licensing and permit requirements for rebuilding a project that was closed due to safety reasons.The amendment failed, by a count of 42-54.

Final amendments totally unrelated to transportation

Senator and #DescriptionStatus and notes
Vitter 1535Outer Continental Shelf Allows the proposed 2010-2015 Outer Continental Shelf Oil and Gas Leasing Program to bypass the environmental review process required by NEPA – thereby approving it.Failed to reach the required 60 votes, falling 46-52.
BaucusRegarding rural schoolsPassed with more than the required 60 votes by 82-16.
Collins 1660Boiler MACT This amendment nullifies existing protections against mercury and toxic air pollution from incinerators and industrial boilers, then delays compliance with any new standards by a minimum of 3.5 years. This reduces EPA's current environmental quality standards for industrial boilers and eliminates national emission standards for hazardous air pollutants for major sources, area sources, and industrial, commercial, and institutional boilers and process heaters.Failed to reach the required 60 votes, falling 52-46.
Coburn 1738OMB/Duplicative Programs This would cut the discretionary funding caps by another $10 billion from the recently agreed upon level in the Budget Control Act (BCA). Failed to reach the required 60 votes, falling 52-46.
Nelson FL-Shelby-Landrieu 1822RESTORE (the Gulf) This would address a key recommendation of the President’s National Oil Spill Commission to direct 80% of Clean Water Act penalties collected as a result of the BP Gulf oil disaster towards restoration of the Gulf of Mexico ecosystem. Passed with more than the required 60 votes by 76-22.
Wyden 1817Keystone pipeline This prohibits oil exported through the Keystone XL pipeline to be sold internationally.Failed to reach the required 60 votes, falling 34-64.
Hoeven 1537Keystone pipeline This would have Congress approve the already-rejected Keystone XL tar sands oil pipeline without necessary environmental review or a process to determine if the project is in the national interest.Failed to reach the required 60 votes, falling 56-42.
Levin 1818Offshore Tax Havens Adds special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or significantly impede United States tax enforcement.Passed by an unrecorded voice vote.
Roberts 1826Energy Tax Extenders This bill is offered as a side-by-side to Stabenow's 1812 but also including approval of the Keystone XL oil pipeline.Failed to reach the required 60 votes, falling 41-57.
Stabenow 1812Energy Tax Extenders This includes provisions to extend critical incentives that support renewable energy and energy efficiency. It extends the renewable energy production tax credit, the 48C manufacturing tax credit, the 1603 Treasury Program, the efficient existing and new homes tax credit and the efficient appliances tax credit, allows for the inclusion of algae in biofuel incentives and expands the 48C investment tax credit to offshore wind. Failed to reach the required 60 votes, falling 49-49.
DeMint 1589Repeal of energy tax subsidies This would repeal incentives for clean energy, including the renewable energy production and investment tax credits, and the cellulosic biofuel tax credit, as well as subsidies for traditional fossil fuel industries.Failed to reach the required 60 votes, falling 26-72.
Menendez-Burr 1782Alternative vehicles (natural gas) This would promote the purchase and use of natural gas vehicles with an emphasis on heavy-duty and fleet vehicles.Failed to reach the required 60 votes, falling 51-47.

Updated: Senate improves their bill with three key amendments, but crucial vote looms

UPDATED: 3/6 4:00 p.m. The Senate rejected the motion for cloture, 52-44 by a mostly party-line vote. Brown (MA) and Collins (ME) crossed party lines to support the motion to move the bill forward. Streetsblog Capitol Hill has a good summary of what transpired today. But by all means, you should still write or call your Senators to let them know you think the bill needs to move forward without delay. We’ve modified the message to reflect today’s events. Leave any questions in the comments.

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Senator Boxer, one of the four main architects of the Senate’s bipartisan transportation bill, meets with Los Angeles County Supervisor Don Knabe and Los Angeles MTA Executive Director Art Leahy to discuss transportation issues.

In case you missed the news Friday, thanks in part to the drumbeat of tweets and messages and letters and phone calls from many of you, the Senate made some important changes last week to strengthen their two-year transportation bill.

But with a March 31 deadline still looming for shutdown of all transportation programs without a new bill and a crucial vote scheduled for tomorrow (3/6) at noon, your Senators need to hear that they must move this bill without delay.

Help keep the pressure on and take a moment to urge your Senator to support moving the bill and get it one step closer to passage.

We celebrated a big victory late last week as the Senate agreed to include three amendments we have all been working for, including the Cardin-Cochran amendment to give local governments a say over small projects in their communities — projects that make bicycling and walking safer and more attractive, revitalize our Main Streets, or make better connections to transit, among many other uses.

A “cloture” vote to end this phase of debate and move the bill to the Senate floor is scheduled for noon on Tuesday, 3/6. While this vote won’t be the last word, it is key toward solidifying the Senate’s progress and a failed cloture vote could stall the bill significantly.

Last week we learned just how effective our 500-plus coalition members and the thousands of you have been with your advocacy, specifically on the Cardin-Cochran local control amendment that was incorporated into the bill last week.

“Oh, we’ve been hearing about that Cardin-Cochran amendment,” we heard repeatedly, as we visited numerous Senate offices last week with 30-plus T4 America coalition members who flew to D.C. from all over the country to lobby their members of Congress on the transportation bill. Staffers in numerous Senate offices said they’d been getting phone calls and emails about that amendment specifically for the last few weeks.

While we are certainly still working for several more improvements to the bill, it’s time to move it one step closer to winning passage. We need to make sure that the Senate moves this bill forward without delay. The cloture vote expected Tuesday would help to make this much-improved bill the starting point for further debate as it moves toward a final vote.

Our Senators need to hear from their constituents that we can’t wait to pass a bill that will improve mobility and travel options for all Americans while preserving our existing infrastructure. We need to keep this Senate bill moving forward.

Send a message to your Senator anytime before noon on Tuesday with this page. 

And after you send that email, come right back and make a quick phone call and tell them to support the Senate transportation bill on the floor Tuesday. Keep the pressure on!

Senate responds to massive support, adopts several important amendments into overall bill

After getting thousands of phone calls, letters and messages from constituents, mayors, city councilmembers, health and business groups and others spanning the spectrum, the Senate moved three key amendments into the overall Senate bill yesterday, including one that will give local communities more control over their transportation dollars.

While there are other amendments that our coalition will continue to work on in the Senate, this is a huge victory and a terrific step forward for strengthening the MAP-21 bill. We want to thank Senators Boxer, Inhofe, Baucus and Vitter for accepting these amendments to improve the Senate bill.

Yesterday, we hosted T4 America partners who flew to Washington, D.C. from across the country as they spent the day meeting with their House and Senate offices to ask those elected leaders to a) improve and fix the House bill and b) support a handful of key amendments that would strengthen the Senate bill.

One of the primary goals was to get Senators to support the bipartisan Cardin-Cochran amendment that would restore local control and help make our streets safer.

Thanks to the hard work of Senators Cardin and Cochran and the outpouring of support from across the country from individuals and groups of all stripes, that message had been received by many offices we visited with T4 coalition members. All day in meetings with Senate offices, staff repeatedly noted they’d been getting an overwhelming number of phone calls, letters and emails for the last two weeks about the Cardin-Cochran amendment.

Mayors especially were letting their Senators know just how important it is for local communities to have direct access to a small amount of dollars to revitalize their main streets, make it safer for children to get to school, improve connections to their transit systems, and other small improvements that often fall between the cracks of the larger projects states tends to focus on. The amendment was supported by groups as diverse as the American Public Health Association, the National League of Cities, AARP, the American Heart Association, the National Rural Assembly and hundreds of others.

Thursday late afternoon, we got news that the Cardin-Cochran amendment (as well as two others — more on those in a moment) had been adopted into what’s known as the manager’s amendment package. Without going into too much legislative jargon, it’s basically a package of amendments that have been agreed upon by Committee leaders that are incorporated into the bill without requiring a vote on the floor.

Another bipartisan amendment sponsored by Senators Franken (D-MN) and Blunt (R-MO) included in this package would help repair more of our bridges by making the 180,000 federal-aid bridges not on the National Highway System eligible for a share of funds in the main highway program, keeping all of the road and bridge repair programs organized together. This gives states the power to decide which bridges are the most important to be fixed and fix them, rather than being required by the federal government to fix certain bridges while others go begging for the flexible funds that can be spent on transit, walking and biking or other uses.

The last notable amendment we’ve been supporting that was included would help protect metropolitan areas from losing the small bit of funding that they receive directly, sponsored by Senators Landrieu (D-LA) and Murray (D-WA).  Under MAP-21 if states don’t spent their money wisely and fail to meet the performance goals and objectives, metropolitan areas won’t be punished or lose any portion of their transportation dollars.  While we strongly support the performance provisions we believe it is important that metropolitan areas not be punished for the actions of the state department of transportation. This amendment addresses that issue.

Transportation for America thanks Senators Cardin, Cochran, Franken, Blunt, Landrieu and Murray for their work to help strengthen and improve the Senate transportation bill.  Their work and that of each Senator’s staff has been invaluable and we really appreciate their efforts.

Information on the Senate amendments continues to be updated on our amendment tracker page.

Senate debate beginning; amendment tracker

The Senate is scheduled to begin debating their transportation bill (MAP-21) today. We’re going to be keeping a close eye on a handful of amendments that could improve or make damaging changes to the bill as they’re offered, debated and voted on. Save or bookmark this page to keep tabs on these amendments that we’re tracking.

(This is in no way an exhaustive list of all Senate amendments or even all of the relevant ones. But it’s a short list of significant ones we’re keeping our eyes on.)

Last updated: 3/1/12 10:40 a.m.

Senator and #DescriptionOutcome or Notes
Cardin-Cochran 1549Local Access and Control This provides local communities and metropolitan regions with access to the "Additional Activities" pot of funding through a competitive grant program — funding that they can use for main street revitalizations, boulevard conversions, new bike facilities, or safety improvements to make streets safer for everyone. Large metro areas will receive some funds directly. Read our explainer on the amendment hereFormally adopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Franken-Blunt 1543Bridge Repair This would help provide adequate funding and flexibility to states to repair and rehabilitate the 180,000 federal-aid bridges that are not on the National Highway System (NHS). These bridges would become eligible for a 40% share of the main highway program funds (National Highway Performance Program) that aren't currently required for repairing the National Highway System.Formally adopted into Senate manager's amendment package on 3/1/12.

One-pager on federal-aid bridges (pdf)

Amendment text (pdf)
Landrieu 1630Protecting MPOs from State Penalties This ensures that metropolitan areas (MPOs) aren't left on the hook for financial penalties if states do not meet their state requirements for fixing roads and bridges or develop a state highway safety plan.Formally adopted into Senate manager's amendment package on 3/1/12.

Amendment text (pdf)
Blunt-Casey 1540Repairing Non-Federal Bridges Restores the former small portion of money dedicated to repairing other federal-aid bridges that aren't on the federal highway system. MAP-21 currently only requires states to spend Transportation Mobility Program (TMP) money on these bridges if conditions worsen. This would restore the small amount of money dedicated to repairing these bridges. (Off-system bridges are those not located on a federal-aid highway.)Reached floor as part of agreement on amendments. Check this page for updates on current amendments.
Bennet-Warner 1705Encouraging Development Near Transit This would provide local governments and others federal credit instruments – similar to TIFIA loans that would be paid back – for public infrastructure near transit stations. to help encourage private sector development. It will prioritize applicants that do scenario planning.NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.

Amendment text (pdf)

One-page summary of amendment (pdf)
Shaheen-Murkowski (and others) 1679Protecting Small Metro Areas This removes the provision to disband metro area planning organizations in areas under 200,000 people. It also allows MPOs serving areas smaller than 100,000 to voluntarily disband. NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.
Cardin 1542Equal Opportunity (Jobs) This requires the Secretary to undertake an assessment of equal opportunity and nondiscrimination on federal-aid transportation projects, report on that every four years and make data publicly availableNOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.
Cardin 1552Stormwater Pilot Program Directs DOT to establish a pilot program to reduce stormwater runoff from federal-aid highways and authorizes funding to appropriated. The pilot program must be created for 3 states or regions.NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.
Akaka 1720Rural Transit Improvement Currently, all human services transit providers are required to coordinate with each other. This amendment would require all of the rural transit providers —  including those above already required — to communicate and coordinate when planning their transit service. This is more important in spread out rural areas with many small providers covering a wide, spread-out area — resulting in more effective service and better use of taxpayer funds.NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.

One-pager on rural transit (pdf)

Amendment text (pdf)
Carper-Lieberman 1665Protecting Air Quality This reinserts the requirement that states need to include congestion mitigation and air quality performance targets in state transportation planning. NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.

Amendment text (pdf)
Begich 1724Increasing MPO suballocation Restores the suballocation percentage for metro areas to levels in current law, resulting in more money allocated directly to metro areas under MAP-21.NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.
Gillibrand 1648Workforce Development Authorizes new construction careers demonstration program.NOT accepted in agreement to debate as part of bill. Click for details and a new list of amendments that were accepted for debate here.

EPW Committee approves transportation bill by voice vote, moves it out of committee

The Senate Environment and Public Works Committee approved its two-year highway reauthorization bill this morning and moved it out of committee by a bipartisan, unanimous 18-0 vote. (Read our statement here.)

The committee markup was short, as compared to a typical markup of such a large bill, but that was a testament to the work done behind the scenes by Senators Boxer, Inhofe, Baucus and Vitter to get consensus among the four of them on the major policy points.

At the markup, a single package of amendments, known as a manager’s amendment, agreed to ahead of time by the four key Senators, was approved by a unanimous voice vote. No other amendments were voted on, though many others were filed.

After that amendment package was approved, Senators took turns talking about other amendments that they had drafted but weren’t formally proposing, in order to preserve the bipartisan vote and also because the four committee leaders made it clear they would oppose any other amendments, effectively ensuring no amendments would pass — a process known as “offer and withdraw.”

Senators talk about their amendment, offer it, and then note that they’re not calling for a vote and withdraw the amendment. The idea behind this is to indicate the Senator’s desire to continue to push an issue and work with the Committee to find ways to incorporate concepts into the final bill as it moves to the floor.

There were a few smart, notable amendments offered in that way, and a handful of others that were not offered. Sen. Gillibrand talked at length about a program that would help train low-income workers, but we’ll be talking more about those amendments in the days and weeks to come as the bill moves forward.

Here’s a summary list of the amendments that were approved in the manager’s package. Some other small changes to the bill were made in an amendment written and approved by the four committee leaders, but that text is not yet available. Additional explanatory notes from T4 America are in italics.

(Amendment data derived in part from Transportation Weekly and Jeff Davis.)

Senator, Amendment # Description
Barasso #2 as modified National Freight Program flexibility for rural roads
Barrasso #4 as modified Limits the number of performance measures, directing the Secretary to study and establish only the “most effective” performance measures.
Boozman #1 as modified CMAQ accountability study. Co-written with Sen. Carper.
Cardin #4 as modified FHWA to FTA flex used to enhance level of service. This amendment will make it easier to use funds from the new National Highway Performance Program (generally dollars for interstate and national highway system funds) on transit projects. This amendment lowered some of the hurdles that made it hard to flex that money, as MAP-21 was written.
Carper #3 as modified Clarify off-road diesel PM2.5 rules and funding
Crapo #2 as modified Directs states to “consult” rather than “cooperate/coordinate” on transportation planning with rural areas and small urban areas under 200,000.
Crapo #3 as modified State DOTs that have a current statewide long-range transportation plan will be exempt from having to do performance planning for four years. States that developed policy plans can keep using those plans for 4 years, without having to write a new long-range plan. Does not cover MPO planning, only states.
Gillibrand #1 as modified Freight rail improvement within 5 miles of Mexico, Canada borders
Johanns #2 State comment process on DOT standards for National Highway Performance Program
Johanns #3 Require DOT to give tech support to states for data modeling
Johanns #5 Narrow scope of fines in sec. 2210 of bill
Merkley #3 as modified Require MPO alternate scenarios to be fiscally constrained
Sanders #1 as modified Increase ER fed share to 100 percent in certain circumstances
Sanders #3 DOT report on potential electric car charging network
Udall #1 as modified Define border roads as within 10 miles of border
Udall #2 Use of crash rate as a safety analysis/planning factor. This provision ensures that rural roads with high crash rates receive equal attention under the Highway Safety Improvement Program. Rural roads may have few crashes relative to busier roads, but far less traffic, resulting in a higher rate. Using crash rate as a planning factor should help dangerous rural roads see increased safety funding.
Udall #3 Eligibility for alternate roads along a corridor when its more cost effective than improving primary route.

Transportation for America Response to Senate EPW Reauthorization Bill

After the Senate Environment and Public Works Committee moved their draft transportation bill (MAP-21) out of committee with a successful bipartisan vote this morning, T4 America Director James Corless offered this statement:

“The bipartisan passage of the MAP-21 bill in the Senate EPW Committee this morning provides a significant opportunity to move forward on a long overdue authorization of federal transportation policy with full funding to ensure we invest in America’s infrastructure. Key reforms in the bill would place a stronger emphasis on repairing and rebuilding our roads and bridges, while instituting performance measures that will help hold agencies accountable for the maintenance and operations of our transportation network.

“We will work with Chairman Boxer and Ranking Member Inhofe and the rest of the Committee to ensure that there is dedicated funding that prioritizes bicycle and pedestrian projects, strong workforce development provisions and smart transportation planning reforms. We are eager to address these issues so we can put the full strength and weight of our coalition behind the bill as it moves forward in order to make the most of our federal transportation dollars, put people back to work and deliver the transportation system that Americans need.”

Summary of the Senate MAP-21 transportation bill proposal

The Senate Environment and Public Works Committee released a draft of the transportation bill late last Friday. The EPW committee’s portion of the bill covers what’s known as the “highway” title. (The Banking Committee is responsible for writing the “transit” title and the Commerce Committee covers rail and safety. Those sections of the bill have not been released yet.)

We’ve prepared a short few pages on what MAP-21 means for the federal transportation program. This top-line analysis is a bit on the wonky side, but hopefully it’ll be helpful if you’ve been trying to summarize the 600 pages of bill text.

One of the most visible changes MAP-21 makes is to restructure seven core highway programs and 13+ formula programs into just five core highway programs. This graphic below illustrates those changes. Read on for the full summary, which you can also download here. (pdf)


Click to enlarge the graphic.

MAP-21 consolidates numerous FHWA programs into five core programs. The new program structure is as follows.

National Highway Performance Program (NHPP): ~$20.6 billion

This new program focuses on repairing and improving an expanded National Highway System (NHS). The NHS is expanded from ~160,000 miles to ~220,000 miles. States are required to develop asset management plans and as a part of these plans establish performance targets for the condition of roads and bridges and the performance of the system. In addition, the program includes provisions to hold states accountable for the repair of Interstate pavement and NHS bridges by requiring that they spend a certain amount of funding on the repair of those facilities if they fall below minimum standards established by USDOT.

Transportation Mobility Program (TMP): ~$10.4 billion

TMP replaces the existing Surface Transportation Program (STP) and allows states and regions to invest flexible dollars in a broad set of highways, transit projects, freight rail projects, and bicycle and pedestrian projects, as well as other activities like travel demand management. Fifty percent of these funds are suballocated to areas in the state based on their population. While this percentage is lower than the current 62.5 percent, the absolute amount of funding to be suballocated will remain the same due to an increase in program size.

Highway Safety Improvement Program (HSIP): – $2.5 billion

Funding is provided to states to improve safety for all road users on all public roads. A road user is defined as both motorists and non-motorized users. States are required to collect extensive data on crashes and create a database containing information on safety issues for all public roads including identification of hazard locations. (8% of all funds in this program are set-aside for data collection.) States must also develop a strategic highway safety plan using the data collected. If states do not develop a strategic highway safety plan within a year using a process approved by USDOT, they are required to spend additional funding on safety projects. States are also required to develop performance targets on fatalities and serious injuries.

Congestion Mitigation Air Quality Program (CMAQ): ~$3.3 billion

In the CMAQ program there are two pots of funding – one that funds typical CMAQ projects and another “reserved” fund.

CMAQ pot. Funds are provided to states and tier I Metropolitan Planning Organizations (MPOs) to address the impacts of the transportation system on national ambient air quality standards. In states with non-attainment or maintenance areas, 50 percent of the funds are suballocated to tier I MPOs based on the area’s status with national ambient air quality standards. Funds cannot be used to construct new travel lanes except for HOV or HOT lanes. USDOT is required to develop performance measures for air quality and congestion reduction. Tier I MPOs that receive funds under this program are required to develop a performance plan that outlines baseline conditions, targets for each of the performance measures developed by USDOT, and a description of projects to be funded, including how those projects will help meet the targets.

“Reserved” pot. This pot of funding is equal to the amount of funds provided for the Transportation Enhancements set-aside in FY09. Eligible activities under this pot include the following: transportation enhancements, safe routes to school, recreational trails, environmental mitigation, and certain types of road projects (including street redesigns and HOV lanes). States are allowed to use these funds for CMAQ projects (the first pot) if they build up an unspent balance of year and a half worth of funds.

National Freight Program: ~$2 billion

USDOT is directed to establish a primary freight network consisting of 27,000 miles of key freight corridors. States can use funds for highway projects that improve freight movement with a focus on the primary freight network and key rural freight corridors. A state may use up to 5 percent of funds for rail or maritime projects subject to certain conditions. USDOT must also develop a National Freight Strategic Plan, which will analyze performance and conditions on the primary freight network, identify bottlenecks, estimate future freight volumes and identify best practices for mitigating impacts of freight movement on communities. USDOT shall publish a Freight Condition and Performance Report on a biennial basis. States must establish performance targets and report on progress every two years.

Other key components

TIFIA program – $1 billion. MAP-21 expands the TIFIA program from $122 million to $1 billion and modifies the program from a competitive application process to a rolling application process. Provisions have been added that allow for applicants to enter into master credit agreements to provide funding for a suite of projects at once. In addition, there are modifications that make it easier for public transportation agencies with dedicated revenue sources to apply for TIFIA loans.

Planning and Performance. MAP-21 creates performance measures for conditions on the National Highway System (NHS), NHS performance, safety, freight, congestion mitigation and air quality. As part of the development of the plan, states and large MPOs shall analyze the baseline conditions for the performance measures and establish performance targets for each performance measure. The plan must include the future performance of their transportation system with regards to these performance measures including whether or not they will achieve their performance targets. Large MPOs may undertake scenario planning as a part of the development of their long-range plans. Smaller MPOs are required to develop long-range plans and USDOT will establish rules that provide for the standards they must meet regarding the performance measures required for the larger MPOs.

Statewide transportation improvement programs (STIPs) and metropolitan transportation improvement programs (TIPs) must include performance measures and targets used in assessing the existing and future performance of the transportation system. A system performance report must include progress toward achieving state performance targets.

Project Delivery. MAP-21 includes numerous provisions intended to accelerate project delivery. Most of these provisions relate to administrative actions to be taken by USDOT. There are also provisions that relate to expanding the types of projects that can be undertaken through a categorical exclusion (a more limited environmental review). In addition, it allows for the earlier acquisition of right-of-way.