SAFETEALU

1
SAFETEA-LU Safe, Accountable, Flexible,
Efficient Transportation Equity Act A Legacy for
Users November 1, 2005
2
Funding Finance

• SAFETEA-LU
• Brad Larsen, Federal Relations Manager
• Mn/DOT, Office of Government Relations
• 651/282-2170
• brad.larsen_at_dot.state.mn.us

3
Funding Finance

• National Perspective
• 286 Billion FFY 2004-09 (app. 200 billion
  2006-09)
• Inflation Adjusted Increases Over TEA-21
• 5 Highways
• 16 Transit

4
Funding Finance

• National Perspective

• Revenue Sources for SAFETEA-LU Funding Increase
• - Ethanol
• - Fuel Tax Evasion Enforcement
• - Highway Trust Fund Reduction
• Revenue Aligned Budget Authority (RABA) - Impacts
• Innovative Finance
• - Private Activity Bonds (15 billion
  authorized)
• - New Tolling Provisions

5
Funding Finance
Shifting Priorities Within the Highway Program
6
Funding Finance

• Shifting Priorities Within the Transit Program
• Percent of total Federal Transit Administration
  guaranteed obligations

7
Funding Finance

• Minnesota Perspective
• Highway Funding Overview

8
Funding Finance

• Minnesota Perspective
• MN v. Other States under SAFETEA-LU
• MN receives 2nd highest proportional increase
  (app. 46)
• MN share increases from 1.4 under TEA-21 to 1.7
  
• MN Funding Increases SAFETEA-LU v. TEA-21
• Highway Formula Funding
• 17 (482 million) Increase in Formula Hwy.
  Apportionments
• Majority of increase in FFY 2008-09
• MN received less in FFY 2005 than 2004
• Majority of increase in FFY 2006-08 already
  programmed for projects in the current Statewide
  Transportation Improvement Program (STIP)
  amounts not programmed will be distributed to
  Area Transportation Partnerships (ATPs)

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Funding Finance

• Minnesota Perspective
• MN Funding Increases SAFETEA-LU v. TEA-21
  (cont.)
• Earmark Funding
• 162 (288 million) Increase in Earmark Highway
  Funds
• 149 projects totaling nearly 500 million (71
  Road/Bridge, 14 Transit, 9 Bike/Ped.)
• App. 264 million (53) impact State Trunk
  Highways and app. 215 million (43) are on the
  local system
• Transit Formula Funding
• 66 (168 million) Increase in Formula Transit
  Funds

10
Funding Finance

• Minnesota Perspective
• Obligation Authority for Highways
• 95 of hwy. formula apportionments and 90 of
  earmark funds estimated
• Only about 85 received in FFY 2005
• Future estimates depend on FFY 2006
  Appropriations

11
Funding Finance

• Minnesota Perspective
• Formula Hwy. Funds (95 Obligation Authority
  after sanctions)
• 2004 - 382 million
• 2005 - 362 million
• 2006 - 454 million (app. 5 million not yet
  programmed in STIP)
• 2007 - 523 million (app. 26 million not yet
  programmed in STIP)
• 2008 - 564 million (app. 50 million not yet
  programmed in STIP)
• 2009 - 584 million (STIP not yet developed)
• Sanctions/Penalties
• No new sanctions/penalties under SAFETEA-LU
• MN no longer sanctioned under .08 Blood/Alcohol
  Penalty
• Repeat Offender (sec. 164) Penalty continues -
  sanctioned funds are returned to MNs DPS and are
  used to implement MNs Comprehensive Highway
  Safety Plan (CHSP)

12
Funding Finance

• Minnesota Perspective
• Federal Project Earmarks
• High Priority Projects (HPP) (sec. 1702)
• Transportation Improvements (sec. 1934)
• Projects of Natl. Reg. Significance (sec.
  1301)
• Natl. Corridor Improvement (sec. 1302)
• Transit Bus Bus Facilities
• Other Provisions
• Funding Challenges - matching and additional
  funding
• Funding Availability - HPP earmarks 20/yr.
  2005-09
• Funding Flexibility - not as broad as under
  TEA-21
• Project Coordination will be key

13
SAFETEA-LU

• Highway Program Highlights
• New Highway Formula Programs
• Hwy. Safety Improvement, Coordinated Borders,
  Safe Routes to School
• New Highway Discretionary Programs
• Hwys. for LIFE, Non-Motorized Pilot Program
• Increased Federal Oversight and Review
• Research Program Highlights
• Increases in Funding and Earmarking
• 16 Million for CTS as a Natl. University Trans.
  Center
• 3.5 Million for the Humphrey Institute to
  establish a Center for Excellence in Rural Road
  Safety

14
Planning

• SAFETEA-LU
• Lynne Bly, MPO Planning Program Coordinator
• Mn/DOT, Office of Investment Management
• 651/2969-8521
• lynne.bly_at_dot.state.mn.us

15
Planning

• Statewide Planning Metropolitan Planning
• Funding
• Continuing Provisions
• Key Modifications

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Planning - Statewide
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Planning

• Funding
• Continues 2 set-aside from core programs for
  State Planning and Research Program
• Increases MPO set- aside from 1 to 1.25 of core
  programs
• MPO FHWA FTA planning apportionments for
  MN 2005 4,809,262 2006 5,000,862 2007 5,1
  10,830 2008 5,266,337 2009 5,405,525
• Obligation authority will be less
• State reimbursement to MPOs within 30 days

18
Planning

• Continuing Provisions
• Requires Statewide and Metropolitan multi-modal
  transportation plans and programs as mechanism
  for cooperative, continuous, comprehensive (3C)
  framework for transportation investment
  decisions
• MPOs responsible for 20 year multi-modal plan,
  air quality conformity, fiscal constraint, public
  involvement
• MPOs in large urban areas responsible for
  congestion management process
• In TIP/STIP development, emphasis on fiscal
  constraint and public involvement

19
Planning

• Cooperation Through planning, programming and
  management efforts, parties work together to
  achieve a common goal/objective
• Consultation Parties confer periodically and
  consider each others views prior to acting and
  report actions afterwards
• Coordination Parties compare plans, programs
  and schedules, and adjust them for general
  consistency
• Continuing Provisions
• Consultation with tribal governments
• Consultation with non-metropolitan local
  officials
• Coordination with Metropolitan Transportation
  Planning Process which maintains the 3C framework
  for urbanized areas

20
Planning

• 8 Federal Planning Factors
• Support economic vitality
• Increase transportation system safety
• Increase transportation system security
• Increase accessibility mobility of people
  freight
• Environmental quality
• Multi-modal transportation system integration
• Promote efficient management operation
• Emphasize preservation of the existing system

21
Planning

• Key Modifications- Planning Process
• Safety and Security now separate planning factors
  
• Environmental quality factor expanded to promote
  consistency with State and local planned growth
  and economic development patterns
• Adds support for economic vitality of non-metro
  areas in addition to nation, state, and
  metropolitan areas
• Adds direction for coordination with statewide
  trade and economic planning activities
• MPOs encouraged to consult and coordinate with
  other planning officials responsible for planning
  affected by transportation (Planned growth,
  economic development, environmental protection,
  airport operations, freight movement)
• Encourages coordination between states
  authorizes planning compacts

22
Planning

• Key Modifications Statewide Metropolitan
  Plans
• Require consultation with Federal, State, tribal,
  and local agencies responsible for
• Land use management
• Natural resources
• Environmental protection
• Conservation
• Historic Preservation
• Comparison of plans, inventories
• Discussion of potential environmental mitigation
  activities and opportunities

23
Planning

• Key Modifications
• Requires enhanced public participation techniques
• Convenient meeting time and place
• Visualization
• Use of Internet
• Added ped, bike, disabled representatives to list
  of interested parties to involve
• For Plans and for TIP/STIP
• MPOs must develop participation plans with
  interested parties
• Requires operation, maintenance capital
  investment strategies to preserve, optimize use
  of existing system

24
Planning

• Key Modifications MPO Plans
• Air quality Non-attainment/Maintenance Areas
  MPO Plan Updates conformity determinations
  every 4 years (Twin Cities, St Cloud, Duluth)
• Provides options for conformity analysis time
  horizon (10 vs 20 years)
• Sets 12 month grace period for conformity lapse
• Allows for more simple control measure
  substitution if same or better air quality
  benefit
• Defines unanticipated events
• Attainment Area plans remain on 5 year update
  cycle

25
Planning

• Continuing Provisions Statewide Transportation
  Improvement Program (STIP)
• Requires project consistency with Statewide Plan
• Requires metropolitan projects to be identical to
  MPO plans
• Requires air quality conformance where applicable
• Key Modifications TIP/STIP
• Beginning in state FY 08, changes to 4 year
  coverage, updated every 4 years (or more
  frequently)
• Annual publication of obligated projects funded
  in metropolitan areas must include ped walkways
  and bike facilities

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Planning - Implementation

• Implementation
• New planning and TIP/STIP requirements take
  effect State FY 08 (July, 2007)
• Interim guidance
• Continue current cycle
• Must implement all new provisions concurrently
• New Federal planning rules likely to be
  forthcoming

27
Environmental

• SAFETEA-LU
• Frank Pafko, Director
• Mn/DOT, Office of Environmental Services
• 651/284-3751
• frank.pafko_at_dot.state.mn.us

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Environmental

• Integration of Natural Resource Concerns into
  Transportation Planning
• Consultation with Agencies.
• Comparison with Conservation Plans.
• Identification of Potential Mitigation.
• What Does This Mean?

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Environmental
Environmental Streamlining

• Participating Agencies
• Purpose and Need
• Range of Alternatives
• Level of Analysis
• Concurrent Reviews
• Coordination Plan
• Review Deadline

• Mitigation Commitments
• 180 day Permit Decisions
• Statute of Limitations
• Section 4(f)
• Supporting Positions in other Federal/State
  Agencies

30
Environmental

• State Assumptions of Responsibilities for Certain
  Programs and Projects
• Establish pilot program (up to 5 states) for
  state assumption of federal responsibilities for
  
• environmental review
• consultation
• decision making
• 3-Year renewable term
• MOU with FHWA and other requirements needed
• Federal responsibilities and jurisdiction must be
  accepted

31
Environmental

• State Assumptions of Responsibility for
• Categorical Exclusions
• States may assume responsibility for all
  determinations for Categorical Exclusions
• Requires MOU with FHWA
• 3-Year renewable term
• Must accept all federal responsibilities and
  agree to accept jurisdiction of federal court
• MN Programmatic Agreement currently covers 90

32
Environmental

• Section 4(f) - Historic Sites
• Adds a De Minimus provision to Section 4 (f)
• 4(f) documentation not required if 106 process
  shows no adverse effect or no properties affected
• Requires written concurrence from SHPO or THPO

33
Environmental

• Section 4(f) - Parks, Recreation Areas, Wildlife
  Areas and Waterfowl Refuges
• Adds a De Minimus provision to Section 4(f)
• 4 (f) document not required if project will not
  adversely affect activities, features and
  attributes of the resource
• Concurrence required from official with
  jurisdiction over the resource
• FHWA Guidance to be issued

34
Environmental Provisions

• Integration of Natural Resource Concerns into
  Transportation Project Planning
• Requires Context Sensitive Design/Solutions
• (2 publications)
• Flexibility in Highway Design
• Eight Characteristics of Process to Yield
  Excellence and the Seven Qualities of Excellence
  in Transportation Design
• Current Mn/DOT Practice
• Applies to National Highway System

35
Safety

• SAFETEA-LU
• Bernie Arseneau, Director
• Mn/DOT, Office of Traffic, Security Operations
• 651/634-5251
• bernie.arseneau_at_dot.state.mn.us

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Key Provisions
Safety

• New Core Highway Safety Improvement Program
• SAFETEA-LU Almost Doubles TEA-21 Safety
  Apportionments
• Requires Strategic Highway Safety Plans
• Flexibility
• Safety Set Asides (High Risk Rural Roads and
  Railway-Highway Crossings)

37
Highway Safety Improvement Program (HSIP)
Safety

• 5.1 Billion over 4 years (FFY 2006-09)

• Set-Aside
• High Risk Rural Roads
• MN estimate 1.9 M per year (FFY 2006-09) included
  in the 22.0 M HSIP above

38
Safety
HSIP Apportionment Formula

• 1/3 Total lane miles federal aid highways
• 1/3 Total vehicle miles traveled on lanes on
  federal aid highways
• 1/3 Number of fatalities on federal aid system

39
Safety

• Purpose of HSIP
• To achieve a significant reduction in traffic
  fatalities and serious injuries on public roads

40
Safety
To obligate HSIP funds, States must

• Develop and implement a State Strategic Highway
  Safety Plan (MN CHSP)
• Produce a program of projects or strategies
• Evaluate the plan on a regular basis
• Submit an annual report to USDOT

41
Strategic Highway Safety Plans MN Comprehensive
Highway Safety Plan
Safety

• Developed by Mn/DOT and DPS after consultation
  with safety stakeholders
• Analyzes and makes effective use of crash data
• Addresses 4 Es
• Considers safety needs of all public roads
• Describes program of projects or strategies to
  reduce or eliminate safety hazards 15 critical
  strategies
• Must be approved by Governor or responsible state
  agency

42
Minnesotas Critical Emphasis Areas
Safety

• Increasing Seat Belt Use and Reducing Impaired
  Driving
• Improving the Design and Operation of Highway
  Intersections
• Lane Departure
• Reducing Head-On and Across-Median Crashes
• Keeping Vehicles on the Roadway
• Minimizing the Consequence of Leaving the Roadway
• Young Drivers and Curbing Aggressive Driving
• Increasing Driver Safety Awareness and Improving
  Information and Decision Support Systems

43
HSIP Flexibility
Safety

• States may use up to 10 of HSIP funds to carry
  out other safety projects identified in the CHSP
• State must certify that
• State has met its needsrelating to rail-highway
• crossings
• State has met its infrastructure safety needs
  relating to highway safety improvement projects

44
Railway Highway Crossings
Safety
MN est. 5.8 Million/Year Set Aside (FFY 2006-09)

• New Funding Formula
• 50 based on STP formula factors
• 50 based on of publicrailway-highway
  crossings

50 of States apportionment for installation of
protective devices
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High Risk Rural Roads
Safety
MN est. 1.9 Million/Year Set-Aside (FFY
2006-09)

• Eligible on any roadway
• functionally classified as
• Rural major collector
• Rural minor collector
• Rural local road
• Accident rate for fatalities and incapacitating
  injuries gt statewide average
• Construction and operational improvements

46
Work Zone Safety
Safety

• Work Zone Safety Grants
• National Work Zone
• Safety Information
• Clearinghouse
• Worker Injury Prevention Free Flow of
  Vehicular Traffic
• Temporary Traffic
• Control Devices

47
Behavioral Safety

• SAFETEA-LU
• Katherine Burke Moore, Deputy Director
• MN DPS, Office of Traffic Safety
• 651/296-9507
• kathy.burke.moore_at_state.mn.us

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Behavioral Safety
State and Community Highway Safety Grants (402)

• NHTSA and DPS
• 3.9 million in FFY06
• Change driver/passenger behavior
• Slow Down
• Buckle Up
• Drive Sober
• Pay Attention

49
Behavioral Safety
Occupant Protection Incentive Grants (405)

• Currently, Minnesota does NOT qualify!
• Need
• Universal, Primary, or Booster Seat Law
• Potential funding
• Estimated at 250,000 per year
• Must be used to implement and enforce occupant
  protection programs

50
Behavioral Safety
Safety Belt Performance Grants (406)

• Currently, Minnesota does NOT qualify!
• Need
• Primary seat belt law or
• 85 belt use two years in a row
• Potential funding
• 15 million (15,144,961.75)
• Must be used for any purpose under Title II or
  for HSIP projects

51
Behavioral Safety
State Traffic Safety Information System
Improvements (408)

• Currently, Minnesota may qualify
• Need
• Coordinating committee, strategic plan,
  performance measures, and a commitment to using
  certain data elements
• Potential funding
• Estimated at 300,000 to 500,000 per year
• May only be used for data improvement programs

52
Behavioral Safety
Alcohol-Impaired Driving Countermeasures (410)

• Currently, Minnesota WILL qualify!
• Must maintain low alcohol-related fatality rate
  or implement a variety of programs or law changes
• Potential funding
• Estimated at 2 million per year
• Must be used for alcohol-impaired driving programs

53
Behavioral Safety
Motorcyclist Safety (2010)

• Currently, Minnesota WILL qualify!
• Requires maintenance of current state efforts and
  expenditures
• Potential funding
• Estimated at 100,000 per year
• Must be used for motorcycle safety programs

54
Behavioral Safety
Child Safety and Child Booster Seat Incentive
Grants (2011)

• Currently, Minnesota does NOT qualify!
• Need to enact
• Specific booster seat legislation
• Potential funding
• Estimated at 100,000 per year
• Must be used for child passenger safety efforts

55
Behavioral Safety
High Visibility Enforcement Program

• Currently, Minnesota participates (Click It or
  Ticket You Drink Drive, You Lose)
• No funding directly to states in this program
• Funds provided for national advertising during
  the enforcement campaigns

56
Behavioral Safety
Other Aspects of Title II (Highway Safety)

• Highway Safety Research and Outreach (403)
• Safety Studies
• Drug-impaired driving
• Older driver safety
• Crash causation
• NHTSA Accountability
• Increased monitoring of state activities and
  expenditures

57
Transit

• SAFETEA-LU
• Natalio Diaz, Director of Metropolitan
  Transportation Services
• Metropolitan Council
• 651/602-1754
• natalio.diaz_at_metc.state.mn.us

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Major Program Features
Transit

• Most transit programs remain unchanged
• New public transportation programs
• New Freedom
• Small Starts

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Twin Cities Metropolitan AreaBasic Transit
Programs
Transit

• Urbanized Area Formula Program (5307)
• Capital Grant Programs (5309)
• New Starts Discretionary
• Fixed Guideway Modernization Formula
• Bus and Bus Facilities Discretionary
• Job Access and Reverse Commute (JARC) Formula
  Program (5316)
• New Freedom Formula Program (5317)

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Transit
Metropolitan Council FTA Projected Annual
Apportionments (in millions)
61
New Start Designations
Transit

• Final Design Construction
• Northstar
• Preliminary Engineering
• NW (Bottineau) Busway
• Central
• Cedar Ave.
• Rush Line
• Red Rock
• Additional information on updated New Starts
  criteria will be presented in more detail as
  regulations are clarified.

62
New Starts Funding
Transit

• Continues multi-year Full Funding Capital Grant
  Agreements for New Fixed Guideway Systems
  (Hiawatha 33 million )
• Earmark for Northstar (80 million)
• Alternatives Analysis- New discretionary grant
  program (Section 5339 Central, Red Rock, Rush
  Line - 4 million)

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Small Starts
Transit

• Separate funding category beginning in FY 07
• Requiring no more than 75M in New Starts funds
  and a total project cost of less than 250M
• Non-fixed guideway corridor improvements (e.g.
  bus rapid transit) allowed under Small Starts
• Rulemaking required

64
Record Number of Earmarks
Transit

• Title I (Highway) includes some Twin Cities
  Transit Projects
• Cedar Ave. Busway (9.8 Million)
• Union Depot (50 Million)

65
Transit

• SAFETEA-LU
• Donna Allan, Director
• Mn/DOT, Office of Transit
• 651/296-7052
• donna.allan_at_dot.state.mn.us

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Greater Minnesota
Transit

• Basic Formula Programs
• Other than Urbanized Areas
• Small Urban (53075340) pop. lt 200,000
• Rural (5311 5340)
• Indian Reservations (5311 (c))
• Rural Transportation Assistance (5311 (b))

67
Transit

• Greater Minnesota cont.
• Elderly Individuals and Individuals with
  Disabilities (5310)
• - Pilot program for
• operating assistance
• - MN one of seven states

68
Transit

• New Formula Programs
• Job Access and Reverse Commute (JARC) (5316)
• New Freedoms (5317)
• Discretionary Grant Programs
• Bus and Bus-Related Facilities (5309 Greater MN)
• Rush Line Corridor Bus Amenities 1.2 Million
• Fond Du Lac Bus Purchases 98,000
• Duluth Area Transit Facility Improvement - 1.6
  million

69
Transit
Greater Minnesota Transit FTA Projected Annual
Apportionments (in millions)
70
Transit
Title I Bicycle and Pedestrian

• Safe Routes to School (SR2S)
• Purpose - to enable and encourage children to
  walk and bicycle to school safely
• Funding for infrastructure projects, public
  awareness, and educational campaigns

• Estimated MN allocation 9.5M total for
  2005-2009
• Funding includes Coordinator position
  
  

71
Transit

• Title I Bicycle and Pedestrian
• Non-motorized Transportation Pilot (1807)
• Purpose construct a network of non-motorized
  transportation infrastructure to demonstrate that
  bicycling and walking can carry a significant
  part of the transportation load
• Minneapolis/St. Paul - one of four designations
  nationwide
• MN to receive 6.25 Million per year for
  2006-2009

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Motor Carrier/Rail/Freight

• SAFETEA-LU
• Ward Briggs, Transportation Program Director
• Mn/DOT, Office of Freight Commercial Vehicle
  Operations
• 651/405-6099
• ward.briggs_at_dot.state.mn.us

73
Motor Carrier

• Title IV Motor Carrier Safety
• Four Key Trends
• Federal funding to promote motor carrier safety
  will increase.
• 40 increase in Motor Carrier Safety Assistance
  Program (MCSAP)
• 25 million annually for expanding CVISN
  technology
• 15 million annually for high Priority grants

74
Motor Carrier

• Title IV Motor Carrier Safety
• Major federal credentialing programs will
  change.
• Insurance requirements will apply to private
  passenger and property carriers
• Household goods mover regulation changes to a
  consumer protection focus
• Unified Carrier Registration Program replaces
  existing Single State Registration System
• Uniform Hazardous Material Registration Program
  redevelopment

75
Motor Carrier

• Title IV Motor Carrier Safety
• A carriers ability to operate will depend on its
  safety performance.
• New Entrant audit program
• PRISM (Performance and Registration System
  Management)
• The quality, collection, maintenance and use of
  commercial vehicle operation data will be
  improved.
• CDL modernization plan

76
Rail

• Title IX Rail Transportation
• Rail Line Relocation Projects
• 1.4 billion over four years in new grant program
  to mitigate the effects of rail traffic.
• Rehabilitation and Improvement Financing (RRIF)
• 35 billion in loans and loan guarantees for
  projects to enhance rail service and capacity.

77
Rail

• Title IX Rail Transportation
• Increased funding for crossing hazard elimination
  in high speed rail corridors
• High Priority Projects
• Several rail-related earmark projects for
  Minnesota include grade crossings and grade
  separations in several communities.

78
Freight

• Minnesota Statewide Freight Plan
• Federal emphasis on the importance of promoting
  the safe and efficient movement of freight.
• Freight Planning Capacity Building
• Freight Transportation Research Program
• Federal Office of Intermodalism
• Border Infrastructure Grant Program
• Pilot program to address CMV parking shortage
• High Priority Projects Program

79
Hazardous Materials

• Title VII Hazardous Materials Transportation
• 
  
  
  
• Employer notification if CDL/HM applicant fails
  security check.
• Training for public sector hazmat employees
• Uniform Hazardous Material Registration Program
  (part deux)
• 
  
  
  
  
  
  
  
  
  
  
  

80
Hazardous Materials
Title VII Hazardous Materials Transportation

• 
  
  
  
• Increased enforcement authority to open and
  inspect hazmat packages.
• Expanded USDOT authority to preempt state, local
  or tribal rules if inconsistent with federal law.
  
• Sanitary Food Transportation Act.
  
  
  
  
  

81
Final Q A

• SAFETEA-LU
• Questions, Answers and Discussion