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The stakes in the states

Members of the Minnesota legislature convene in a warmly lit room with gold embellishments and white columns

The next federal transportation reauthorization won’t pass for another three years, but change can still happen at the state level. Here’s why state legislatures play a key role during this time and what they should do with that power.

Members of the Minnesota legislature convene in a warmly lit room with gold embellishments and white columns
Photo from Wikimedia Commons

By passing the Infrastructure Investment and Jobs Act (IIJA, or infrastructure law), the federal government authorized transportation programs through November 2026. There are occasionally new programs proposed, such as Rep. Cori Bush’s BRT Bill, and annual fights to ensure that discretionary programs which didn’t receive advance appropriations are adequately funded. However, Congress’s general dysfunction likely means that no significant new transportation legislation will be passed at the federal level. The infrastructure law left a great deal of power in the hands of the states, and what states choose to prioritize will impact our safety, access, repair, equity, and climate goals for years to come. Therefore, it is a critical time for state legislatures to pick up the slack, and inaction is itself an action.

The state legislature behind the curtain

State legislatures have always had a critical role in determining what transportation networks look like. In many states, a significant portion of the transportation budget comes from state coffers, not federal funds. Illinois and Washington are two states whose legislatures have passed significant spending packages in recent years. In addition, no matter where money comes from, state legislatures have significant leeway over how that money is spent. They can set conditions on spending and conduct oversight of state DOTs whose urban and rural roads are disproportionately deadly. They can also direct state DOTs to spend funds on modes that aren’t just driving, such as investments in rail and subsidizing transit operations.

The passage of the 2021 infrastructure law made state legislatures’ role even more important, as it made a significant sum of money available to the states. However, a significant portion of these federal funds are being distributed through formula programs that don’t come with few strings attached, which means it could easily further entrench the unsafe, unsustainable status quo. Left to their own devices, state DOTs can profess to use that money in the name of good (setting a goal to limit the number of pedestrian fatalities), while ignoring key problems (setting a goal that’s higher than the actual number of fatalities in the previous year). The same could be said for goals of reducing emissions and ensuring that transportation’s inequitable past doesn’t become its future: without state legislative action, much of the funding from the 2021 infrastructure law could be used to make these problems worse.

Importantly, with many legislative sessions coming to an end in 2-3 months, state legislators’ windows for action on a number of these issues are rapidly closing. As federal funds go into state piggy banks, safety, sustainability, and equity could all suffer without sufficient guidance to state DOTs. As funding for passenger rail is distributed, state legislatures risk their state missing out on popular transportation options. At the same time, alarms are sounding from transit agencies facing a fiscal cliff. If state legislatures don’t step up, any promise in the infrastructure law could very well go unrealized.

What state legislators can and should do

The first step state legislators can take is to rethink the status quo on road spending. Rather than building new infrastructure that further divides communities, state legislatures should prioritize maintaining the infrastructure they have built that’s useful, and reconnecting communities where old infrastructure does little more than divide. Rather than getting people to their destinations as quickly as possible, states should prioritize getting them there safely and ensuring they don’t have to travel as far to meet their needs in the first place. These are all specific, clear transportation goals and priorities that state legislatures can direct their state DOT to pursue.

To do this, they simply need to follow the lead of, and improve upon, state innovations that have already been implemented. In Colorado, the Greenhouse Gas Pollution Reduction Planning Rule requires metropolitan planning organizations (MPOs) to plan for greenhouse reductions by limiting projects which will increase emissions and promoting those which expand multimodal options. Minnesota lawmakers are pursuing legislation similar to that of Colorado. In 2021 Maryland established a required baseline for transit maintenance funding, securing it from the whims of annual budget conversations. This is an important step that other legislatures should consider. Relatedly, Virginia’s SMART SCALE is a transportation project evaluation tool that ensures factors like improved safety, increased accessibility, and efficient land-use make a project more likely to get funding from Virginia Department of Transportation. Unfortunately, no state has copied their work yet.

When it comes to passenger rail, state legislatures should take advantage of new, time-sensitive opportunities. The 2021 infrastructure law created the Interstate Rail Compact Program (IRC) to help states work together to develop regional passenger rail networks across the country, as well as the Corridor Identification and Development Program (CIDP). However, given shifts in Congress, both of these programs may receive less funding in future years. Legislators interested in bringing rail service to their state should not allow this opportunity to pass. 

Finally, as transit agencies approach fiscal cliffs over the next few years, state legislatures should move to give them the operating funds necessary to not only maintain current service, but increase it. Although federal Capital Investment Grants are still available to agencies, financial support for operations that the federal government distributed during the pandemic is unlikely to come back any time soon. Any legislature that’s serious about maintaining, if not expanding, the role of transit in their state to avoid increased emissions must provide direct support to agencies for operations.

The bottom line

Transportation spending can be a lot like the game plinko—although a lot of money may be poured in at the top, where it actually ends up depends on decisions made at the state and local levels in between federal reauthorizations. As we approach three-and-a-half years until the next federal infrastructure law, the power over what our transportation system looks like rests in states’ hands.

Advocates can help steer their representatives in the right direction by contacting them and highlighting key transportation concerns. Include specific suggestions on how they can tackle the issue, such as direct more funding towards transit or support policy proposals. During legislative sessions, advocates also have an opportunity to engage through testimony on transportation issues that are most important to them. Ask your state leaders: Will you accept the current deadly, carbon-intensive, community-destroying status quo? Or will you usher in an era of safer, more sustainable transportation that brings our communities together?

USDOT urges states to prioritize repair, safety, and climate with their influx of infrastructure bill cash

road sign that says "changed priorities ahead"
road sign that says "changed priorities ahead"
Flickr CC image from Flickr/PeteReed

Although state DOTs have always been free to prioritize repair, safety, or improving access for everyone across the entire system, most have traditionally chosen to use that flexibility to build new highways instead. With state DOT coffers soon to be loaded with billions from the new infrastructure bill, USDOT is urging states via a new memo to focus on their repair needs, take an expansive view of what they can invest in, and invest in reducing emissions and improving safety.

promo graphic for a guide to the IIJA

This post is part of T4America’s suite of materials explaining the 2021 $1.2 trillion Infrastructure Investment and Jobs Act (IIJA), which governs all federal transportation policy and funding through 2026. What do you need to know about the new infrastructure law? We know that federal transportation policy can be intimidating and confusing. Our hub for the new law will walk you through it, from the basics all the way to more complex details.

Last week USDOT finally released the long awaited state formula funding apportionment tables, which document how the first year of the infrastructure law’s formula funding will be divided up to the states. When it comes to the FHWA and FTA’s role in the oversight and messaging on formula funding to the states, the experience has not been consistent, which this memo looks to tackle. 

FHWA sends a clear and consistent guiding message

With the funding amounts published, the Federal Highways Administration (FHWA) followed up the next day with a notable and perhaps unprecedented memo of administrative guidance from Deputy Administrator Stephanie Pollock directed to FHWA headquarters administrators, division administrators, and their teams. This memo sent a clear message on where USDOT wants to emphasize its technical assistance and oversight of federal transportation program funds.

Here are four points the Deputy Administrator made that we want to highlight:

1) Prioritizing repair and rehabilitation first

Since Congress chose not to prioritize repair by discarding the House’s INVEST Act which would have instituted hard and fast requirements, USDOT and the Biden administration want to emphasize the critical need for improving the state of repair of the transportation infrastructure. The guidance reminds the role states must play in maintaining a state of repair of their existing infrastructure (23 USC 116) if they plan to participate in the federal transportation program. Lastly, in advancing maintenance, FHWA encourages incorporation of safety and multimodal accessibility into the repair scope of the infrastructure project.

2) Prioritizing investment on all federal-aid transportation infrastructure

The memorandum makes note that the formula funding being directed to states is not for exclusive use of state DOT-owned and managed infrastructure and that they should consider all the needs in their state—not just the big ticket state-owned highways where many typically focus their funds. The memo notes that the 50,000 miles of state DOT-owned roads and bridges are in much better condition than the one million miles of other roads not owned by the state but eligible for that funding, 85 percent of all miles driven takes place on these other roads/bridges, and formula programs also have money dedicated to these “off-system” roads and bridges.

3) Simplifying project review

The memorandum guides FHWA to help fast track and simplify the review of projects that prioritize repair, improve safety, or invest in multimodal improvements. Streetsblog summed up this provision well last week:

Among the most potentially transformative new guidelines is a federal advisory that multimodal projects, like bike lanes, sidewalks and BRT lanes, should no longer be subjected to onerous environmental review — and that highway expansions and other high-polluting projects for which the National Environmental Protection Act was created should be scrutinized much more heavily than they are now. Opponents of sustainable transportation across the country have long abused the environmental review process to stall carbon-cutting projects, while letting autocentric efforts sail through.

4) Emphasizing operational efficiency over expansion

The memo says that FHWA will do what they can with their technical assistance and oversight to emphasize operational efficiencies to move more people and goods within existing infrastructure over capacity expansion (i.e, new highways). The memorandum acknowledges that FHWA is in no position to prohibit states from expanding system capacity, but that FHWA will explore all policy mechanisms at their disposal to not only strongly encourage and influence, but require an emphasis on repair and alternative enhancements to roadway capacity expansion. Of special note as well, FHWA underscored the flexibility that state DOTs have and should exercise in supporting public transportation projects.

Though this policy memorandum does not have any enforceable mechanisms in what state DOTs can and will do with their formula highway funding, it makes a major statement about where the administration’s priorities lie, gives ammunition to the advocates trying to hold them accountable, and can help nudge and encourage states that are in the midst of attempting to change how they prioritize their spending. 

Aarian Marshall wrote in Wired last week about the potential impact of this memo and what’s happening in Colorado, (where the state’s transportation commission approved a new rule requiring the state to consider the greenhouse gas impacts of their projects and try to reduce them):

The DOT’s gentle, “have you thought about this?” approach to climate-friendly and safe road infrastructure may feel toothless. But states that have experimented with similar approaches say it’s helpful. In Colorado, Governor Jared Polis has urged the state DOT to emphasize people-friendly—rather than builder-friendly—infrastructure projects. More than half of the state’s transportation money goes toward “state of good repair” projects, like filling potholes, fixing bridges and viaducts, and adding shoulders to rural roads for safety, says Shoshana Lew, executive director of Colorado’s DOT. Prioritizing safety and climate effects “forces the conversation to be more rounded,” says Lew. “It makes you think really hard about whether the project is worth it, and what the implications will be.” As a result of Colorado’s approach, she says, an expansion project on Interstate 70 will include a new van shuttle system that could grow bigger with demand.

This memo empowers USDOT representatives to the state DOTs and metropolitan planning organizations (MPOs) to be more vocal and consistent in advancing department priorities. This also gives local, regional, and state community advocates something to point to as they try to build momentum towards decision-making change in the implementation of the federal transportation program in their backyards.

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 featuredTracking 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.

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.

START logo t4 feature web

Refreshed T4America bill tracker for following state transportation funding and policy progress

While at least 23 states have raised new funding for transportation at the state level since 2012, there’s a renewed focus on the underlying policies to make the most of limited infrastructure dollars. Which states are proposing to change to how those dollars are spent? Which states are working to create more transparency and build more public trust in transportation spending?

For the last few years, we’ve been closely tracking the states attempting to raise new transportation funding. Now, we’ve adding a new resource to keep up with the states that are trying to change the underlying policies for spending those dollars. Are any states following the lead of others outlined in our last report, Twelve Innovations in Transportation Policy that States Should Consider?

Visit our refreshed state policy bill tracker to see current information about the states attempting to raise new funding in 2016, states attempting to reform how those dollars are spent, and states taking unfortunate steps in the wrong direction on policy.

Also, bookmark our new hub for all state policy and funding related resources. Past and current reports, bill trackers, and other helpful information for getting engaged at the state level with transportation funding and policy.

Want to know more about transportation demand management?

Join a webinar to learn how policies can leverage the private sector to manage transportation demand.

Join us on Friday, February, 26, 2015 at 1:00 PM EST to learn from two national experts on how states can get more out of their existing transportation networks by better managing travel demand. Patrick Sullivan of MassCommute explains how Massachusetts supports local transportation management and Brian Lagerberg of Washington State DOT shows the benefits of that state’s Commute Trip Reduction program (a policy we highlighted in our recent policy guidebook).

Sign Up

 

State update

Many legislatures are already wrapping up; others are just getting started for the year. Here’s a brief roundup of important transportation news coming out of state capitols over the last few weeks.

Maryland legislative leadership releases reform package

Leadership in the Maryland General Assembly called for new accountability in transportation project selection and rolled out a package of transportation reform bills. The Maryland Open Transportation Investment Decision Act (HB 1013/S 0908) defines state goals and measures to score and choose projects, helping to program scarce transportation dollars more objectively. Also included in the package is a bill to create a board of local appointees to oversee the state transit agency, the Maryland Transit Administration (MTA).

New tolls to fund bridge repair in Rhode Island

Rhode Island governor Gina Raimondo (D) signed a bill to raise new revenue for maintaining and repairing bridges across the state by increasing new tolls for big trucks traveling the state’s interstates. The measure will add tolls of up to $20 on trucks crossing the state and is expected to raise $45 million annually to be directed to bridge repair. Rhode Island sits near the bottom of the list for greatest bridge repair needs, so legislators were wise to direct new funding to this growing demand and they may have landed a new, politically palatable revenue source. The trucking industry has voiced opposition, however, and legal challenges may be coming.

Mississippi sees an opportunity to raise state gas taxes

Mississippi legislators are discussing proposals to raise new revenue for transportation. The state’s fuel tax rate has not been changed in twenty-nine years and the state DOT reports that they need $526 million more annually to maintain and expand the state’s roads and bridges. With gas prices down, legislators think this may be an opportunity to hike fuel taxes without facing political consequences.

What’s next in New Jersey?

Legislators in New Jersey continue to look for ways to shore up a near-bankrupt state transportation fund. The state’s gas tax rate is currently the second lowest in the country and the state has heavily relied on bonding for the program. An astonishing 100 percent of gas tax revenues now collected are used to pay down the debt and costs of past projects. Without new money the program will go bankrupt when it hits its debt cap in July. In January the legislature recommended a constitutional amendment that would dedicate all fuel tax revenue to transportation projects. That measure will go to voters for approval this November. Transportation leaders hoped Gov. Chris Christie (R) would be more open to negotiations on this issue since suspending his presidential campaign, but his budget proposal offered no new revenue and he has dismissed that the impending bankruptcy even registers as a crisis.

Holding out for reform in South Carolina

South Carolina Senator Tom Davis (R-Beaufort) is continuing a filibuster to block any new funding for transportation until the legislature passes reforms to the state transportation commission. Sen. Davis wisely notes that opportunities to completely reexamine the ways the state spends money on transportation projects are rare and legislators should not simply keep up existing processes and outdated priorities for another generation.

Local funding

Paying for free parking

Washington’s House transportation committee considered a bill to allow local governments and transportation districts to levy fees on free parking spaces in order to fund transportation. These local governments can already charge a fee on paid parking, so this proposal introduces equity for parking fees and also may serve as a subtle disincentive to the spread of free parking that encourage more trips and greater traffic congestion.

Local funding for transit

Georgia’s senate transportation committee has advanced a bill to allow metro Atlanta counties to raise new money for the MARTA regional transit system through a voter-decided, 0.5% sales tax increase. The bill is expected to be heard by the full Senate soon.

Keep up on these bills and many more on our refreshed bill tracker. If you are working on a bill we haven’t seen that should be added to the chart, let us know!

12 transportation policies states should consider in 2016 to stay economically competitive

To remain economically competitive, states must invest in infrastructure, but state legislatures have a critical choice ahead of them: continue pumping scarce dollars into a complex and opaque system based on outdated policies out of sync with today’s needs, or follow the lead of the states highlighted in Transportation for America’s new report, Twelve Innovations in Transportation Policy States Should Consider in 2016.

State legislatures, as incubators of innovation and more flexible than Congress when it comes to enacting new transportation policies, have a golden opportunity in 2016 to reform their transportation programs to expand transparency and accountability, boost state and local economies, invest in innovation across the state, save the state money and improve safety for the traveling public.

Why this focus on state transportation policy?

Similar to Congress’s action in 2015 with the passage of the FAST Act, most of the 23 states that increased their own transportation funding revenue since 2012 have failed to update the underlying policies governing the spending of those new funds. The distribution formulas for those funds are often relics of decades-old priorities that are out-of-touch with the new needs of increasingly diverse economies and demographics.

T4America’s new report outlines 12 transportation policy solutions recently passed legislatively or instituted through administrative action in states, many of which are being pursued by Transportation for America’s START network members and other key policymakers in 2016.

These dozen policy proposals have shown the ability to:

  • increase accountability and transparency to build taxpayer confidence;
  • make states economically competitive and empower locals to do the same;
  • invest in innovation and reward the smartest projects;
  • maximize savings through better project development; and
  • improve safety through better street design

Considering the fact that the federal program is still largely a block grant given to and controlled by the states, state leadership on transportation issues will be more important than ever in the years to come.

The START Network

T4America supports efforts to produce and pass state legislation to increase transportation funding, advance innovation and policy reform, empower local leaders and ensure accountability and transparency. We do this through our State Transportation Advocacy, Research & Training (START) Network of state and local elected officials, advocates and civic leaders, providing our members easily accessible resources that arm decision makers and advocates with template policies, research and case studies from leaders nationwide. Join the START network today, and share with us any bills in your state legislature that you feel we should be tracking here.

State-level reform will be essential for advancing creative and innovative transportation funding and policy reforms to make the most of limited infrastructure dollars. Get engaged by joining the START Network and get your free copy of the report today.

Vermont, New Hampshire, Massachusetts follow the trend: voters support transportation revenue increases

As voters have been proving over and over during primary season this year, raising taxes or fees for transportation isn’t a political death sentence – no matter the party or political affiliation. In the past two weeks, Vermont, Massachusetts, and New Hampshire’s state legislators faced their first primary since voting to pass bills to raise additional state revenue for much needed transportation and infrastructure projects.

Vermont passed House Bill 510 in March 2013, to diversify their transportation revenue by introducing a 4 percent sales tax on the price of gas. This raises the overall gas tax by 7.5 cents, though it put a floor and a cap on the new sales tax portion so that Vermont drivers will never pay less than 13.4 cents per gallon or a maximum of 18 cents. H.B. 510 also authorized $10.38 billion in bonds.

“It was not an easy choice to move in this direction, and we didn’t make this decision lightly,” said House Transportation Chair Pat Brennan (R-Colchester) said at the time.“ We explored anywhere between 15 to 20 different funding options, and we ended right back here every time.”

The measure passed 128-42, with 18 Republicans and 104 Democrats voting “aye.” Of the 15 supportive Republicans who ran again, just one lost in the primaries on August 26th. Leigh Larocque (R-Barnet) lost to Marcia Robinson Martel. All of the 86 Democrats who supported the bill and ran for re-election won their primaries.

Massachusetts’ ambitious H3535, enacted in 2013, raised the gas tax 3 cents and indexed it to inflation, while also requiring the Massachusetts Department of Transportation and Massachusetts Bay Transportation Authority to raise a greater portion of their costs – up to an additional $229 million a year — through various avenues including tolls, fees, fares, and others.

In the heavily Democratic state, the bill passed 158-38, with 157 Democrats and just one Republican voting yes. All but one of the 133 supportive Democrats running for re-election won their primaries, with Rep. Wayne Matewsky (D-Everett) losing his seat to Joseph McGonagle, Jr.

(There is a footnote to these results in Massachusetts. A measure has been added to this year’s November’s ballot to reverse the legislation completely. One benefit of that is that, after these primaries, we’ll have another public referendum on raising transportation revenues put directly to the voters. It’s just one of many important ballot measures we’ll be keeping a close eye on here this November, so check back. – Ed.)

New Hampshire has a very similar story. In 2013, lawmakers approved Senate Bill 367, which increased the per gallon tax by 4 cents. The funds raised were dedicated to rehabilitation and bridge repair projects for the next two years. In the last version of our report on bridge conditions in 2013, New Hampshire had the eighth-worst bridges in the country, with 14.9% of all bridges rated structurally deficient. The bill also added bonds for the widening of Interstate 93.

The bill passed 208-150, with 186 Democrats and 22 Republicans voting in favor of upping the state’s investment in transportation. Just three of those supportive legislators running for re-election failed to keep their seats, meaning 98.13 percent kept their seats after supporting SB 367. 21 state legislators decided not to run for re-election for various reasons.

John Graham (R-Bedford), William O’Neil (D-Manchester), and Steven Briden (D-Exeter) lost their seats in Tuesday’s primary. As of this writing there is no indication that the transportation revenue vote was a primary culprit.

Among all states holding primaries after a transportation tax increase – these three plus Pennsylvania, Virginia, Maryland, and Wyoming – supportive legislators have kept their seats at a rate of 98 percent. Voters clearly have been rewarding their state legislators who are brave enough to make the hard decisions when it comes to funding transportation and infrastructure.

All of the primaries this season in the states that we’re following have occurred, so we’re wrapping up this series for now. But all of these results are chronicled in one place now on our website, along with our page tracking all of the considered and enacted state plans to raise transportation revenue.

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

NPR: 19 states (and counting) creating plans to raise more transportation dollars

More than a third of all U.S. states have plans of some sort to raise new money for transportation to help cover yawning budget shortfalls and keep up with maintenance and new construction of their state transportation networks.

NPR picked up the story this week that we’ve been following very closely and spent some time talking to T4 America director James Corless about the growing trend of states stepping out on their own to raise their own money for transportation to augment the federal funding that did not increase with the last transportation bill.

One major reason federal transportation funding did not increase is that “cars are getting more efficient, and people are actually driving less,” James Corless told NPR. “So that has conspired really to put less revenues into these state and federal funds — trust funds out of the gasoline tax. So purchasing power is declining, and so states are getting creative,” he said.

Listen:

From the story:

According to figures released by Transportation for America, which advocates for modernizing the nation’s infrastructure, 19 states have approved or are considering legislation to increase transportation funding.

One creative approach was taken by Virginia, which actually eliminated its gas tax while raising sales taxes and imposing a tax on wholesale fuel. The state is also allowing the congested Northern Virginia and Hampton Roads areas to raise their own tax revenue.

Republican William Howell, the speaker of the Virginia House, helped broker the deal. “It was a true compromise,” he says. “As with most any compromise, no one’s 100 percent happy with every feature of it. There are some things that I’m not crazy about. I’m sure there’s some features that other people don’t relish. But we had to do it.”

Though a third of all states do have some sort of proposal in the works, they’re all certainly not created equal. Ohio is looking to borrow more than a billion dollars against future turnpike revenues to build yet more roads. Gov. Walker in Wisconsin wants to borrow $1.2 billion and repay it with dwindling trust fund dollars and general tax revenue. A bill in Indiana would allow Indianpolis counties to tax themselves and invest that money in transit. Massachusetts has a plan to raise as much as a billion dollars a year for multimodal needs, including budget relief for their amazingly indebted transit agency.

Want to learn more and see what your state is planning, if anything?

Visit our home for state plans here.

Ambitious Maryland plan moves forward to index gas tax, add sales tax for transportation

When Maryland’s Intercounty Connector (ICC) highway opened in 2011, it did more than create a new east-west toll road between I-270 and I-95 in the northern suburbs of Washington, DC: It also severely hampered Maryland’s ability to build other large-scale transportation projects for years to come.  But now there’s significant momentum to raise new state revenues for transportation to ensure that the state won’t have to shelve their plans for a 21st century transportation system.

Update 4/3/12: The Senate passed the House bill (HB515) last Friday, heading to Gov. O’Malley for his signature. The separate “lockbox” bill will require a conference to reconcile the differences in House and Senate versions.

With MAP-21 out the door, attention has shifted from Washington to the states. In many cases, states are deciding that they need more money for transportation and are embarking on ambitious and often groundbreaking plans to raise additional revenues for transportation. This post is part of a longer series we’ll be doing in 2013 examining how states are addressing the need for more transportation dollars, along with key policy changesVisit the home for state plans here, where we’re tracking all of the news. – Ed.

While half of the ICC’s almost $2.6 billion cost was paid for with future tolls that don’t really impact the state’s transportation budget year to year, the other half ($1.3 billion) was covered by sources that have huge impacts on Maryland’s ability to build any other significant large transit or road projects.

The state spent $265 million in general funds and though the $180 million from the state’s Transportation Trust Fund represents only about 10 percent of what the state gas tax and vehicle fees bring in each year, Maryland is also devoting $750 million in future federal funds they haven’t yet received to the project — or almost 130 percent of what the state receives from the feds each year for all of their state highway needs. ($580 million in FY12.)

That means that a large share of Maryland’s future federal transportation dollars under MAP-21 — which itself represents a loss in real dollars over previous transportation bills — are already spoken for by this mammoth project.

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The ICC under construction in 2011, Creative Commons Flickr photo by Dougtone.

Even without building the ICC, like a lot of states, Maryland would certainly have to make some tough decisions. But with it, it’s easy to understand how state and independent analysts have been saying that by 2018, Maryland will only have enough money to cover maintenance and repair, making it nearly impossible to fund any new highway projects or any of the long-awaited and much needed public transportation projects, including the new Red Line subway in Baltimore, the Purple Line rail link for Metro and the innovative Corridor Cities Transitway rapid bus line in the DC region.

Get Maryland Moving, a new coalition of advocates of all stripes from across the state, coalesced around the urgent need to keep these worthy projects (and many others) from being relegated to a perpetual “wouldn’t that be nice” wish list, providing Marylanders with other options for getting around, and ensuring that Maryland doesn’t have to cease all investment in their transportation network.

Since the (state) gas tax was set at its current level of 23.5¢ in 1992, construction costs have doubled, according to this report from the CA DOT. Simply put, just like the federal gas tax that was last increased in 1993, inflation has far outpaced the value of the gas tax, and with Americans driving fewer and fewer miles each year in more fuel efficient vehicles, they each bring in less revenue.

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A rally in Annapolis at the State House organized by Get Maryland Moving in March 2013.

Urged along by the diverse Get Maryland Moving coalition, the current proposal started from a plan put forward by Governor Martin O’Malley, the President of the Senate and the Speaker of the House, though it has been modified as it has moved through the state legislature. The House passed the bill (HB1515) just last week, and the Senate is due to debate and vote on it soon.

You can view the Governor’s initial plan on our page of state transportation funding plans, but here is the deal as it currently stands in the Maryland legislature. The plan would:

  • Index the gas tax to inflation starting immediately (with a ceiling of 5 cents maximum increase in any given year.)
  • Add a three percent sales tax at the gasoline pump, phasing that in over a period of three years starting this summer.
  • There are other provisions that could change the sales tax rate on gasoline that have to do with internet sales tax. In short, if Congress allows states to tax internet sales, Maryland will devote that revenue to transportation. If not, they’ll raise the sales tax on gas to five percent.-=
  • Raise $4.4 billion for transportation over six years (including the ability to borrow against increased future revenues.)

A popular argument against the tax has been the supposed increase that residents will see at the pump — 13-20 cents per gallon as reported by state analysts and trumpeted loudly above the fold by the Washington Post and other outlets. But gas prices fluctuate wildly even within submarkets — many places may see gas prices go up by 20 cents a gallon in just a few weeks at certain times of year.

Along those lines, the Get Maryland Moving coalition visited a bunch of Maryland gas stations on one particular day to show the wild variety in prices, sometimes at locations within sight of one another, and produced this terrific graphic.

Get Maryland Moving Gas prices

The Get Maryland Moving coalition consists of some of T4 America’s core local partners in the region as well as strong representation from local elected officials and business groups that don’t want to see Maryland drop the ball on projects like the Purple Line that would create a vital (and decades overdue, many would argue) east-west transit connection in the region that would also eliminate long rides through the core of the Metro system to reach the opposite end of the Red line.

Most of the leaders of the suburban counties in the DC metro region have been strong advocates for the plan in the legislature. From The Washington Post:

“This is a big problem, and we need a big solution,” Montgomery County Executive Isiah Leggett (D) testified at a hearing of the Senate Budget and Taxation Committee. “My view is go big or go home.”

Leggett appeared on the same panel with Prince George’s County Executive Rushern L. Baker III (D) and Baltimore Mayor Stephanie Rawlings-Blake (D). All three praised a bill introduced by Senate President Thomas V. Mike Miller Jr. (D-Calvert) but said they remain open to alternative methods to raise more money for transportation.

The moment of truth is coming soon for Maryland’s transportation future. The 90-day legislative session ends in just a few weeks in early April.

A state with one of the oldest transportation systems tries to make things new — new state series

It’s a state that boasts the first active subway line and a network of turnpikes that predated the Interstates, so it shouldn’t surprise you that Massachusetts has some of the oldest infrastructure in the country.

Though Massachusetts’ bridges are middle of the pack in deficiency nationally, they’re beyond middle age (an average of 56-plus years) and many of its busy subways, bus lines and commuter trains – and the roads, bridges and tunnels that carry them — are starting to fall apart after decades of heavy use. Saddled with debt from the Big Dig (among other things) and chronically underfunded after years of budget cuts, Massachusetts leaders and advocates are trying to reform their transportation agencies while raising new money to bring an aging system into the 21st century.

Boston I-93 Tunnel

With MAP-21 out the door, attention has shifted from Washington to the states. In many cases, states are deciding that they need more money for transportation and are embarking on ambitious and often groundbreaking plans to raise additional revenues for transportation. This post is part of a longer series we’ll be doing in 2013 looking at how states are addressing the need for more transportation dollars, along with key policy changes. Visit the home for state plans here, where we’re tracking all of the news. – Ed.

These aging systems in Massachusetts combined with years of lacking the needed money for maintenance has left things in perilous shape and makes for unreliable service on the roads and rails— along with unsustainable levels of debt that force MassDOT to use their capital funds (intended for construction, expansion, new trains, etc.) just to keep the system operating day-to-day.

Here’s one crazy fact for you: 100% of MBTA (The “T”) fare revenues go to paying down debt, because Big Dig-related debt largely ended up on the MBTA books.

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While a significant 2009 reform merged the Bay State’s myriad of transportation agencies into one MassDOT, the revenue question was left unanswered. Reform did indeed result in some savings, however the funding gap identified by numerous Blue Ribbon Commissions and nonpartisan think tanks has remained and indeed expanded in the past four years.

A big source of the problem is that thanks to generations of budget cuts, a painful recession at a terrible time and rising expenses (like healthcare), the state has been paying for everything with bonds and other non-sustainable sources (read: debt.) A couple of winters of failing commuter trains, unreliable bus lines and overcrowded subway cars has helped convinced the public that the system is falling apart.

The state recently tallied up — confirmed by other independent sources — that they need about an extra $1 billion a year to bring the system into a state of good repair, fully fund operations and address some critical “expansion” projects.

But enough about the past, what’s the plan going forward?

Paraphrasing our partners at the T4 Massachusetts coalition, how will Massachusetts raise enough money from sustainable sources to fully fund the systems’ operations and invest in its future, spent in a transparent manner that helps increase access to transportation choices across the whole state, supports the economy and reduces greenhouse gas emissions from the transportation sector?

Gov. Deval Patrick introduced a plan that addresses some of the issues through dedicated sales tax revenue with some very progressive elements. His plan would:

  • Lower the sales tax rate from 6.25% to 4.5%, but deposit it all to an infrastructure fund for multiple things, including transportation. This alone will reduce revenues by $1.1 billion, but…
  • Index the gas tax to inflation to bring in an additional $13 million in 2014, and up to $118 million more by 2021. (The state gas tax hasn’t been raised since 1991 and was never adjusted for inflation, so it’s actually at its lowest level since the introduction of the tax.)
  • Increase vehicle fees by 10% every five years beginning in FY16
  • Increase tolls by 5% every two years beginning in FY15
  • Raise state income tax from 5.25% to 6.25% with changes to exemptions to raise $2.8 billion.
  • Increase MBTA transit fares 5% every two years.
  • Unlike some other states, the new money raised is expressly intended for multimodal projects. There’s no restriction on spending money on transit.

There’s a statewide pilot program for a vehicle-miles-traveled tax, a proposal to pay down Big Dig debt with other funds (freeing up transit money for, you know, transit), and the Transportation Investment Act, which would help guide how money gets spent in the state. This act, supported by a broad cross section of business, community and environmental groups and backed by the T4MA coalition, would send money to Regional Transit Agencies across the state, invest in low income communities, and enable DOT to comply with the states’ other obligations, like their “mode shift” plan to triple the share of travel in Massachusetts by bicycling, transit and walking. (Read Streestblog for more on that.)

The ball is currently in the Legislature’s court, but the clock is ticking.

A plan must be approved in time for the MBTA’s budget submission deadline around the corner in April or there will definitely be more fare hikes to keep the MBTA operating. The impact of that could be disastrous for lower-income commuters who depend on the “T”, a system that’s already experienced drastic fare hikes over the last 7-8 years.

States’ underinvestment in road repair signals need for tough federal standards

Consider a couple of eye-popping statistics:

From 2004-2008, states spent 57 percent of available highway dollars to add a little over 1 percent to our already vast highway network, and only 43 percent to maintain the other 99 percent of highway lanes.

Keeping our existing highway network in “good” condition would require spending $43 billion a year over the next 20 years, well over the total, combined amount spent today on new construction and preservation.

Those are two of the findings in a report out today from Smart Growth America and Taxpayers for Common Sense, Repair Priorities: Transportation spending strategies to save taxpayer dollars and improve roads. The report examines road conditions and spending priorities in all 50 states and the District of Columbia, and found that, as a result of their spending decisions, road conditions in many states are getting worse and costs for taxpayers are going up.

The short version: We’ve spent 60 years building highways, the bill for their maintenance is coming due – and it’s a doozy! Left to their own volition, the states are not doing the job. As Grace Crunican, the former DOT head for Oregon, said during the media telebriefing on the report, “There’s a lot of political pressure to put money into new projects. … We’ve got to find the discipline” to keep our roads properly maintained, she said.

It’s time for Washington to fix it. States have to be held to high standards, and the money they receive should be tied to accountability on that score. The share of money that is walled off for maintenance and that can’t be siphoned off for “sexy” – Crunican’s word – pet political projects has to be much larger than it is now.

Congress is currently in the process of drafting a new transportation bill, and lawmakers need to keep a laser-like focus on the repair and rehabilitation of American’s existing roads and bridges. We cannot build a 21st century transportation system until we take care of what we built in the 20th.

You can find more information about this new SGA and Taxpayers’ report, including a state-by-state map, here.

Smart Growth America contributed to this post.

Rockefeller and Pew: States need to strengthen performance measures

Many states fail to track the results of their transportation dollars, according to a new report by the Pew Center on the States and the Rockefeller Foundation.

The report, Measuring Transportation Investments: The Road to Results, is quick to tie the timing of its findings to the current debate over including more performance measures in a reauthorization of the nation’s surface transportation law. An unofficial version of the Obama administration bill makes performance and accountability a key component of the federal program.

The report ranked the 50 states and the District of Columbia according to six key goals: safety, jobs and commerce, mobility, access, environmental stewardship and infrastructure preservation. According to the report:

Just 13 states — California, Connecticut, Florida, Georgia, Maryland, Minnesota, Missouri, Montana, Oregon, Texas, Utah, Virginia and Washington — have goals, performance measures and data to help decision makers prioritize transportation spending. Nineteen states trail behind, lacking a full array of tools needed to account for the return on investment in their roads, highways, bridges and bus and rail systems. The remaining 18 states and Washington, DC, fall someplace in between, with mixed results

Voters are making it known that they want concrete benchmarks and clear results for their tax dollars when it comes to infrastructure. “The American public expects leaders to manage our transportation investment with an eye toward performance and results,” said Nicholas Turner, Rockefeller Foundation managing director, pointing to recent Rockefeller Foundation Infrastructure Survey results showing that 90 percent favor strengthening policies that hold government accountable for collecting data and certifying that projects are delivered on time and on-budget.

At Streetsblog Capitol Hill, Tanya Snyder noted that the state transportation agencies with the most effective means of tracking public dollars often enjoy greater public backing.

The collection of solid data and the ability to use that data to justify the benefit of transportation expenditures helps the public gain confidence in state transportation agencies. In Washington, once the state started scoring projects based on a cost-benefit analysis, the legislature was persuaded to sell bond issues and increase the gas tax to bring in more revenue. Georgia has begun assessing potential projects in terms of their ability to improve mobility and create economic development. Oregon measures the number and rate of crashes in which large trucks were at fault, using this information to increase safety precautions.

Snyder also highlighted the sections of the report touting merit-based grant programs like TIGER, which would be built upon if Congress adopts the administration’s proposed Transportation Leadership Awards.

New report shows the job-creating potential of smart transportation investments

Smart transportation spending can create jobs today and grow our economy tomorrow, according to a new report from Smart Growth America, adding a new entry to their excellent work evaluating the transportation spending in the stimulus.

The report, “Recent Lessons from the Stimulus: Transportation Funding and Job Creation”, analyzes whether states made the best use of transportation dollars in the American Recovery and Reinvestment Act. The analysis comes two years after passage of the Recovery Act doled out $26.6 billion in flexible transportation funds to the states.

The findings are pretty simple to summarize:

According to data sent by the states to Congress, the states that created the most jobs invested in public transportation and projects that maintained and repaired existing roads and bridges. The states that ranked poorly predominantly spent their funds building new roads and bridges.

Historically, investments in public transportation have generated 31 percent more jobs per dollar than new construction of roads and bridges. However, SGA’s findings show that the payoff was even larger in Recovery Act spending, with public transportation projects producing 70 percent more jobs per dollar than road projects.

Newsweek’s David A. Graham covered the report’s release yesterday and noted:

Today the unemployment rate is hovering above 9 percent — better than it would have been without the stimulus, most experts agree, but still painfully high. Why didn’t we get more for our money?

While liberals and conservatives alike blame the stimulus itself — It wasn’t big enough! It was never going to work! — the problem may have more to do with how the money was spent. It’s not enough just to inject money into infrastructure, because not all transportation funding is created equal — or at least, it doesn’t create jobs at an equal rate. As any infrastructure policy wonk can tell you, money spent on fixing up existing systems or building mass transit delivers more jobs, and faster, than building new highways.

SGA also released findings from a November poll (pdf) that found that 91 percent of voters feel maintaining and repairing our roads and bridges should be the top or a high priority for state spending on transportation programs, and 68 percent believe that improving and expanding public transportation options should be the top or a high priority.

According to the report’s state-by-state rankings, seven states and the District of Columbia spent 100 percent of their Recovery Act flexible transportation funds to preserve existing roads and bridges, and ranked among the top states. The states included: Vermont, Maine, New Jersey, South Dakota, Connecticut, Rhode Island and North Dakota. Among other findings:

  • Texas, Kentucky, Florida, Kansas and Arkansas spent the majority of funds building new roads and bridges and comprised the bottom five in terms of average jobs created per dollar spent.
  • Florida and Kansas can point to roads that are in good shape relative to other states and thus less need for repair and maintenance.

“SGA’s analysis aligns closely with what the American people say they want: fix what we have, provide an array of transportation options and make sure our streets are safe for everyone,” noted Transportation for America Director James Corless. “Congress ought to listen to the American people and embrace the kind of investments we need by passing a comprehensive transportation bill that prepares us for the 21st century. Absent action, we will lose needed jobs today and opportunity tomorrow.”

SGA has a more detailed write-up and full download of the report available here, and you can read Newsweek’s coverage here.