REAUTHORIZATION

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REAUTHORIZATION

• What is it?

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Reauthorization A Brief History

• Legislative process for authorizing the surface
  transportation programs via Congressional Acts,
  e.g, Federal-aid highway program
• First authorizing highway bills
• Federal-aid Road Act of 1916
• Federal Highway Act of 1921

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Reauthorization Brief History

• Since 1978, Congress has passed highway
  legislation in more comprehensive, multi-year
  surface transportation acts, at intervals of 4 or
  5 years
• 1991 ISTEA the first 6-year bill w/sweeping
  changes (multi-modal, equity, greater
  emphasis on stakeholders i.e., public, locals,
  Native Americans, transit, freight, etc.)

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Reauthorization Brief History

• 1998 TEA-21 6-year bill continued ISTEA
  218B 40 increase in funding, etc.
• TEA-21 expires September 30, 2003
• Current reauthorization process now underway
  hence, Todays briefing

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SAFETEA Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003
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Key FeaturesMore Than a Spending Plan

• Built upon Safer, Simpler, Smarter theme
• Improves highway safety and helps grow the
  Nations economy without costly new taxes
• Helps ensure transportation projects are
  completed on time and within budget, while
  protecting the environment
• Retains overall program structure while
  increasing flexibility by eliminating most
  discretionary programs

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Key FeaturesMore Than a Spending Plan

• Comprehensive safety initiatives to save more
  lives
• Reduces congestion and minimize project delays
• Empowers local decision makers by increasing
  funding flexibility

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Key FeaturesFinance

• Revenue levels only increase by growth and
  capture of ethanol 2.5-cent tax from General Fund
  to HTF
• Annual funding levels equal estimated receipts to
  HTF plus an additional 1B to improve highway
  infrastructure performance and maintenance (IPAM)
  
• HTF balance brought down to prudent level of
  about 10B by FY09

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Key Financial Elements

• Continues firewalls, guarantees, 90.5 minimum
  guarantee program, and linkage with receipts
  (RABA modified)
• Greater funding predictability with improved RABA
  mechanism (formula modified to avoid large
  year-to-year swings)

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Key Financial Elements (contd)

• Encourages innovative financing via
• Expanded use of private activity bonds (up to
  15B aggregate cap)
• TIFIA increases program funding with expanded
  freight eligibility and lower threshold (from
  100M to 50M)
• Continuation of SIB Program

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Surface Reauthorization

• 6-year, 247 billion for highways, safety and
  transit continues highway funding guarantees
• Builds upon Secretarys principles and decisions
  revealed in Februarys FY04 Budget Plan
• Highways Strong funding (201B) for core
  Federal-aid, including Federal Lands, Research
  Technology

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Surface Reauthorization

• Transit 46B Restructures programs into
  urbanized area formula grants, major capital
  investments, and State-Administered programs
• Freight and Motor carrier Freight emphasis,
  Commercial Vehicle Info Sys. Networks (CVISN)
  nationwide deployment
• Innovative Finance Bonding, TIFIA, and SIBs,

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INVESTMENT

• Record 201B for highway and safety programs and
  nearly 46B for transit
• Up 29B from the 218B of TEA-21
• Lives within the means of HTF revenues
• More than doubles safety funding - from 3.9B in
  TEA-21 to 8.6B.

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Key Issues Considerations for Safety
Reauthorization

• Fatality and Injury Numbers on a Plateau
  Social public health costs of losing 43,000
  lives (2002) 230.6 annually is unacceptable
• Data Quality, Timeliness Value to
  Countermeasure Development Safety Conscious
  Planning
• Needs of Localities Significant Part of Problem
  Is on Local Roads (fatality rate is 4 times
  higher than Interstate)
• Special Issues Growing Concern re/
  Intersections as High-Crash Location (aggressive
  driving, traffic control enforcement issues)
  Older Driver Issues etc.

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SAFETEAA Comprehensive Safety Initiative to Save
Lives

• More than doubles funds for highway safety
• Establishes a new performance-based core highway
  safety program built on State data- driven
  planning
• Provides incentives to enact primary seat belt
  laws that will greatly increase use
• Consolidates, simplifies, and strengthens NHTSAs
  existing safety grant programs
• Increases funding to expand and improve
  commercial vehicle safety and enforcement e.g.
  tougher auditing of new entrant motor carriers

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SAFETEAA Comprehensive Safety Initiative to Save
Lives

• National Safety Goal Blue Ribbon Commission
• Comprehensive, Strategic Hwy Safety Plans
  Encouraged
• Flexibility in Use of Funds
• Other Provisions RT, Op. Lifesaver, FLH Safety,
  Ped/Bike
• Restructured Safety Grants (Sec. 402) Program
• Safety Belt / Impaired Driving / Data Grants
• Motor Carrier Safety Assistance Program, and
  other heavy vehicle safety programs

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New Core Safety ProgramHighway Safety
Improvement Program (HSIP) - Sec. 1402

• Builds on Existing Safety Programs Processes
• Funds may be used for safety improvements on any
  public road, public highway-rail grade crossing,
  publicly owned bicycle or pedestrian pathway or
  trail, and public surface transportation facility.

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State Strategic Highway Safety Plan

• States Encouraged to Create Comprehensive
  Strategic Highway Safety Plan
• Comprehensive
• Address 4Es of Safety Engineering, Education,
  Enforcement and Emergency services
• Full Roadway Network
• Data-Driven with focus on addressing State
  Local Needs
• Based on collaborative process - State DOT, GR,
  State rail safety administrator, and other major
  safety stakeholders
• Includes Safety-Conscious Planning

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Seat Belt Incentive

• Encourages Primary Safety Belt Law
• Belt use increase from 75 to 90 is estimated to
  save 4000 lives each year
• Safety Belt Performance Grant if a) enact law, or
  b) achieve 90 seat belt usage
• 10 of States HSIP funds must be obligated for
  Sec. 402 projects, starting in FY 2005, unless
  the State enacts a primary seat belt law or
  demonstrates seat belt usage of 90 or above.

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Environment and PlanningEmpowering Local
Decision Makers Protecting the Environment

• Substantial funding for environmental programs
  62.4B or roughly 25 of total authorizations
  over 6 years includes
• 10 B for CMAQ
• 189 M for Scenic Byways
• 45.8 B Transit

• 3.6B for TE
• 354.6M Rec Trails
• 156M TCSP

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Planning Process
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Planning Processes

• FHWA and FTA planning sections combined into a
  single section
• Change is more symbolic than substantive
• FHWA and FTA planning sections were already very
  similar
• Eliminates duplication and minor inconsistencies
• Underscores that planning is a joint FHWA/FTA
  responsibility

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Planning Process

• Metropolitan Long Range Plan and TIP combined
  into a single Transportation Plan (TP)
• Former TIP projects now included in TP
• Update cycle changed from 3 to 5 years
• Governor approves first 5 years of TP
• Expands list of interest groups expected to
  comment on the TP

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Corridor Border Programs
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Corridor and Border Programs Comparison with
TEA-21
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Multi-state Corridor Planning Program

• Reduces eligible uses
• Focuses on multi-state cooperation
• Limits eligibility to multi-state highway and
  multi-modal planning studies

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Border Planning, Operations and Technology Program

• Focuses on land borders
• Clarifies that funds can be spent in Canada
  Mexico at gateway or port of entry
• Limits eligibility to border planning
  and environmental studies and safety, operation
  and technology improvements
• Significantly restricts eligibility for
  traditional construction to immediate are of
  gateway/port of entry
• Emphasizes safety in FY04 with 47M for border
  safety inspection facilities

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Environmental Streamlining
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Environmental Streamlining

• Fine-tunes TEA-21 1309 by
• Recognizing project sponsors role
• Clarifying validity of State-prepared EISs
• Allowing Governors to invoke dispute resolution
• Making Tribes and USDOT eligible to receive
• Limiting lawsuits to within 180 days of Federal
  action

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EnvironmentAssumption of CE Responsibility

• Delegation to State DOTs
• CE approval plus related requirements
• Administered by MOU between each State and FHWA

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Environment - 4(f)

• Expands statutory standards for feasible
  prudent
• Allows 106 of NHPA to satisfy 4(f) for
  historic impacts

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Congestion Mitigation and Air Quality Improvement
Program (CMAQ)

• Eligibility
• New eligibility for scrappage programs
• Makes clear that diesel retro-fit programs are
  eligible
• Enhanced coordination with air quality agencies
• Revised apportionment formula to reflect new
  NAAQS

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Transportation Enhancements (TE)

• No changes proposed
• Retains existing 12 eligible categories
• Remains 10 of STP (including minimum guarantee
  attributed to STP)

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National Scenic Byways Program

• Continues National Scenic Byways Program as a
  discretionary grant program
• Continues Americas Byways Resource Center
• Increase in funding to 31.5M per year

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Planning Related Program-TCSP

• Transportation, Community and System Preservation
  (TCSP) Program
• Changes TCSP from a discretionary grant program
  to a formula apportionment
• Funding of 26M annually set-aside from STP
• 500,000 annual apportionment to each State, DC,
  and Puerto Rico

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Planning Related Programs

• States may assume program responsibilities
• Transportation Enhancements
• Recreational Trails
• Transportation and Community and System
  Preservation Program
• States subject to all procedural and substantive
  requirements as would be required under Federal
  management

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Use of HOV lanes

• Amends statutory allowance regarding HOV access
  for inherently low emission vehicles (ILEV) to
  allow low emission and energy-efficient vehicles
  (regardless of occupancy)
• 45 mpg or greater highway rating or alternative
  fuel vehicle, and
• Meets Tier-II emission level
• At State discretion
• Agencies may toll non-eligible vehicles

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Other Major New Programs

• Surface Transportation System Performance Pilot
  Program (5 State pilot)
• Infrastructure Performance and Maintenance
  Program (IPAM)

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Release

• May 14 - released for media and stakeholders
• May 14 - Introduced in House (H.R.2088) and
  Senate (S.1072)
• Hearings _at_ House TI, Senate EPW, Senate
  Commerce..

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What Will Happen Over the Coming Months?
Known Unknown

• SAFETEA has provoked debate and Senate drafting.
  
• FHWA provides technical assistance in various
  forms
• Legislative process continues.
• TEA-21 expires10/01/03

• ? How many competing bills will be introduced?
• ? How many Congressional hearings?
• ? When will we have a reauthorization Act?
• ? Will it be a 6-year Act?

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Public Internet Site

• www.fhwa.dot.gov
• Key information about the bill as it makes its
  way from proposed bills to enactment
• Now contains bill, transmittal letter, DOT
  factsheets, press releases, testimony,
  authorization and apportionment tables
• Will continue to grow e.g., major bills with
  side-by-side analyses
• Links to key sites by others as appropriate

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