On Thursday, April 25 starting at 10 a.m. (EST), NADO Treasurer Terry Bobrowski, Executive Director of the East Tennessee Development District located in Alcoa, TN will testify on behalf of NADO before the U.S. House Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit in a hearing entitled Implementing MAP-21: The State and Local Perspective.

Bobrowski will testify on the strengthen the role of rural local officials in the statewide transportation planning and investment process that established and gave federal recognition of Regional Transportation Planning Organizations (RTPOs) for areas outside the boundaries of Metropolitan Planning Organizations in MAP-21.

Joining Bobrowski on the witness panel are Mr. Michael Lewis, Director, Rhode Island Department of Transportation; on behalf of the American Association of State Highway and Transportation Officials (AASHTO), The Honorable Bruce Starr, Senator, State of Oregon; on behalf of the National Conference of State Legislatures (NCSL), Mr. Peter Varga, Chief Operating Officer, Interurban Transit Partnership (The Rapid); on behalf of the American Public Transportation Association (APTA), Mr. Richard Perrin, AICP, Executive Director, Genesee Transportation Council; on behalf of the Association of Metropolitan Planning Organizations (AMPO), and Mr. Edward Reiskin, Director of Transportation, San Francisco Municipal Transportation Agency (SFMTA).

Click here to watch a live webcast of the hearing on April 25 at 10 a.m. (EST). 

New implementation guidance for the  Transportation Alternatives Program (TAP) was recently released by the Federal Highway Administration (FHWA), and the administration is looking toward other highway programs to make up for a loss of federal funding due to cuts and program consolidation in MAP-21.State DOTs and metropolitan planning organizations are not eligible for TAP funding, but can partner with local governments, school districts, and transit agencies, on transportation alternative projects.

In addition, the U.S. Department of Transportation (DOT) plans to publish a draft model for metropolitan planning organizations to follow when developing a grant process to distribute TAP funding. Under the new program, after funds are set aside for the Recreational Trails program, half of a state’s TAP funding is allocated based on population. For areas with populations greater than 200,000 people, funds go to Metropolitan Planning Organizations (MPOs) that then distribute the federal dollars using a competitive grant process. DOT is hopeful that the new model, as mentioned in the guidance, can help planning organizations speed up the grant process. Click here to view FHWA’s Transportation Alternatives Program interim guidance.

In July, FTA released final guidance in the form of a Circular on incorporating environmental justice (EJ) principles into plans, projects, and activities that receive funding from FTA. This final guidance provides recommendations to Metropolitan Planning Organizations, public transportation providers, State Departments of Transportation, and other recipients of FTA funds on how to fully engage EJ populations in the public transportation decision-making process; how to determine whether EJ populations would be subjected to disproportionately high and adverse human health or environmental effects as a result of a transportation plan, project, or activity; and how to avoid, minimize, or mitigate these effects. FTA’s Webinar on the Circular will explore the details of these recommendations and provide specific guidance for how FTA grant recipients should incorporate EJ review into their transportation planning and NEPA efforts.

• FHWA MAP-21 Main Page: http://www.fhwa.dot.gov/map21/
• FHWA Guidance Page: http://www.fhwa.dot.gov/map21/guidance/index.cfm
• FHWA Questions and Answers Page: http://www.fhwa.dot.gov/map21/qandas/index.cfm

FHWA has also just announced two webinars—tomorrow and Thursday—to provide an overview of the new MAP-21 guidance documents.  NADO members and other partners and stakeholders are invited to participate.  Details are as follows:

MAP-21 Implementation Webinars:

• Wednesday, September 26 from 1:30 – 3:30 p.m. EST: To register online, go to: http://www.nhi.fhwa.dot.gov/resources/webconference/web_conf_learner_reg.aspx?webconfid=25047
• Thursday, September 27 from 1:30 – 3:30 p.m. EST: To register online, go to: http://www.nhi.fhwa.dot.gov/resources/webconference/web_conf_learner_reg.aspx?webconfid=25066

Two National On-Line Dialogues for MAP-21 Implementation

U.S. DOT has also extended the National Online Dialogue on Performance Measures comment deadline to this Sunday, September 30.  Please be sure to join the discussion online at http://map21performance.ideascale.com.  The National Online Dialogue on MAP-21 Freight Policy is still open as well and can be accessed at http://freightdialogue.ideascale.com/.

NADO will continue to provide updates on details/guidance released regarding Regional Transportation Planning Organizations (RTPOs).

The Highways and Transit Subcommittee, chaired by Rep. John Duncan, Jr. (R-TN), received testimony from the Federal Motor Carrier Safety Administration (FMSCA), the trucking and bus industry, law enforcement officials, and safety advocates on FMCSA’s new motor carrier safety enforcement and compliance program—the Compliance, Safety, Accountability program (CSA)—and issues related to its implementation.

CSA was implemented in 2010 to help prevent future crashes by educating consumers on a company’s safety profile, based on compiling a carrier’s violations from inspections and crash reports. However, some studies and stakeholders have questioned the effectiveness of the program. Concerns include lack of information especially from small carriers, data collection problems from various states, the correlation of some particular inspection violations to future crash risk, and legal challenges. Click here for additional information on the hearing including witness testimonies, briefing memo, and hearing video.

States must identify the projects they plan to use the funds for by October 1, and must obligate them by December 31, 2012. Funds not obligated by December 31 will be proportionally redistributed in FY2013 to states that met the deadline. Click here to view project details and available funds by state. Click here to view the full press release from the Federal Highway Administration.

These funds were made available through the recently passed surface transportation reauthorization bill, MAP-21 (P. L. 112-141), which provided $1.7 billion in capital over two years for the TIFIA credit assistance program. Each dollar of federal funds can provide roughly $10 in TIFIA credit assistance, bringing the total to $17 billion.

USDOT encourages states and cities across the country to begin submitting letters of interest for the TIFIA program which will provide direct loans, loan guarantees, and standby lines of credit to major infrastructure projects with the potential to create jobs and spur economic development and growth.  A variety of projects are eligible to receive funding under the TIFIA program including highway, rail, public transit, bridge, and tunnel projects.

For more information on this opportunity and the TIFIA program, click here. Click here to view a copy of the notice of funding availability in the federal register and the letter of interest template can be found here: PDF Version or Microsoft Word Version.

NADO Director of Government Relations and Legislative Affairs Deborah Cox and AMPO Executive Director DeLania Hardy with House Transportation and Infrastructure Committee Chairman John Mica (R-FL) at the White House for the transportaton bill signing

On July 6, President Obama signed into law H.R. 4348, Moving Ahead for Progress in the 21st Century (MAP-21), the long-awaited surface transportation reauthorization bill.  Deborah Cox, NADO’s Director of Government Relations and Legislative Affairs, represented NADO at the White House signing ceremony.

On June 29, the U.S. House of Representatives and the U.S. Senate were finally able to clear a bipartisan agreement for a two-year reauthorization of highway, public transit, and other surface transportation programs that included an extension of current student loan rates and a flood insurance reauthorization. This is the first multi-year reauthorization of surface transportation programs since the most recent long-term measure (P.L. 109-59) was signed into law in 2005. That five-year measure expired in 2009 and programs have been running on a series of extensions since.

Overall, the transportation measure reauthorizes surface transportation programs through fiscal 2014, mostly at current levels, with some programs receiving increases for inflation. It also consolidates highway programs and includes provisions to accelerate federal environmental review of construction projects.

The measure’s cost is offset with a variety of provisions, including changes to pension law and a transfer from the Leaking Underground Storage Tank Trust Fund to the Highway Trust Fund. The final agreement does not include provisions proposed by House Republicans to provide for the approval of the Keystone XL oil pipeline or to prevent the Environmental Protection Agency from regulating coal ash.

NADO and its members have made substantial progress in promoting Regional/Rural Transportation Planning Organizations as part of the final SAFETEA-LU reauthorization conference report. The following is a brief overview of the key statewide transportation planning provisions, including impact on non-metropolitan local officials’ input to state DOTs.

The final SAFETEA-LU reauthorization compromise:

• Establishes a formal definition and scope of work for Regional Transportation Planning Organizations (RTPOs) to serve areas outside the boundaries of Metropolitan Planning Organizations (MPOs).  It states that “a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.” There is currently no reference or definition for RTPOs and their potential work programs in federal law.
• Requires states to “cooperate” with nonmetropolitan local officials (or if applicable, through RTPOs) in carrying out the planning sections of the bill and in the development of the Long-Range Statewide Transportation Plan with respect to nonmetropolitan areas. However, the final deal retains current language that the U.S. DOT Secretary shall not review or approve the consultation process in each state.
• Outlines that states shall, to the maximum extent practicable, develop a consultative process for nonmetropolitan local official involvement (including through RTPOs) that is “separate and discrete” from the public involvement process.  This was a major priority of NADO.
• Allows states to “consult” with nonmetropolitan local officials (or if applicable, through RTPOs) in the development of the Statewide Transportation Improvement Program (STIP) with respect to nonmetropolitan areas. (The STIP is the 4 year program for project investments.) Similar to the Long-Range planning section, the final deal retains the current prohibition that the U.S. DOT Secretary shall not review or approve the consultation process in each state.
• Clarifies that certain categories of federal highway projects for areas of less than 50,000 would be selected by the state “in cooperation” with affected nonmetropolitan local officials (of if applicable, through RTPOs).  For National Highway System, Interstate maintenance and bridge, and sections 5310, 5311, 5316 and 5317 transit projects, the state will select projects “in consultation” with affected nonmetropolitan local officials.
• Under the structure of RTPOs, a fiscal and administrative agent, such as an existing regional planning and development organization, shall be selected to provide professional planning, management and administrative support.  The bill would also require RTPOs to form a policy committee and carry out specific planning and coordination activities.
• If a State chooses not to establish or designate RTPOs, the state shall “consult” with affected nonmetropolitan local officials to determine projects that may be of regional significance.  This provision remains a major concern for NADO in states without a formal and well defined process for rural local elected official involvement in the statewide transportation planning and programming processes.

For MPOs, the final deal also:

• Retains the current population threshold for all MPOs (existing and new) for urbanized areas of 50,000 or greater.  Transportation Management Areas (TMAs) would also remain at 200,000 or greater population.  The conference committee rejected the Senate plan to establish Tier 1, Tier 2 and Nonmetropolitan Planning Organizations within the MPO program.
•  Requires states to coordinate with MPOs on performance measures for performance-based plans.
• Allocates a portion of modified Transportation Enhancement program resources to TMAs in areas above 200,000.

Other rural highlights:

• Extends the Secure Rural Schools program by one year, as proposed by the Senate, with clarification that funds for eligible Title III projects under the program must be obligated by the end of the following fiscal year but not necessarily initiated.
•  Extends by one year the full funding for the Payment in Lieu of Taxes (PILT) program.
• Maintains the existing structure for public transportation in rural areas, while incorporating the rural component of the “Job Access and Reverse Commute” program into the 5311 formula.
• Establishes a new “Appalachian Development Public Transportation Program” to distribute $20 million to states within the Appalachian region.

Key resources for Moving Ahead for Progress in the 21^st Century Act (MAP-21):

• Enrolled Bill (the bill as presented to the President for signature) H.R. 4348 for FY 2013-2014 signed into law July 6
• Summary of Estimated FY 2012, FY 2013, and FY 2014 Apportionments Under the Conference Report For the Moving Ahead for Progress in the 21st Century Act (MAP-21)
• Transportation Weekly chart on statutory deadlines by bill section for FY2013-2014 in MAP-21 signed into law July 6
• Transportation Weekly chart on statutory deadlines by date for FY2013-2014 in MAP-21 signed into law July 6

• Technical and conforming changes to the surface transportation reauthorization conference report released June 28
• Final surface transportation reauthorization conference committee report (H.R. 4348) filed on June 28
• Conference committee Statement of Managers for the conference report (H.R. 4348) filed on June 28
• Joint Committee on Taxation estimated revenue effects of the conference agreement for the revenue provisions contained in Division D of MAP 21 (released June 28)
• Joint Committee on Taxation review of estimated General Fund and Trust Fund effects of the conference agreement for the revenue provisions contained in Division D of MAP-21 (released June 28)
• U.S. Department of Transportation preliminary summary of conference report (H.R. 4348) released June 28
• U.S. Department of Transportation MAP-21 public transportation state chart released June 28
• U.S. Department of Transportation summary of estimated apportionments (FY12-FY14) under the conference report (H.R. 4348) released June 28
• Transportation Weekly chart on conference surface transportation funding authorizations for FY2013-2014 in the final conference report (H.R. 4348) released June 28
• Transportation Weekly chart comparing conference report with the Congressional Budget Office’s baseline released June 28
• Transportation Weekly chart of funding levels for surface transportation programs in conference report (H.R. 4348) vs. FY11 and FY12 released June 28

The following amendments were offered to the FY13 T-HUD Appropriations bill:

HUD Community Development Block Grant (CDBG) program:

So far, there have been three amendments offered and voted on that pertain to the HUD CDBG program:

• McClintock Amendment to H.R. 5972, FY2013 T-HUD Bill: The amendment offered by Rep. Tom McClintock (R-CA) proposed to eliminate all funding for CDBG grants in FY2013.  The amendment was defeated by a 80-342 vote.
  • To view the roll call vote, click here
• Chaffetz Amendment to H.R. 5972, FY2013 T-HUD Bill: The amendment offered by Rep. Jason Chaffetz (R-UT) proposed to reduce CDBG by $396 million (reducing it to FY2012 levels).  The amendment was defeated by a 157-267 vote.
  • To view the roll call vote, click here
• Diaz-Balart Amendment to H.R. 5972, FY2013 T-HUD Bill: The amendment offered by Rep. Mario Diaz-Balart (R-FL) proposed to increase the proportion of CDBG funds available for public services from 15 percent to 25 percent. The amendment was withdrawn and no vote was held.

HUD HOME program:

• Flake Amendment to H.R. 5972, FY2013 T-HUD Bill: The amendment offered by Rep. Jeff Flake (R-AZ) proposed to reduce funding for the HOME program by $200 million (reducing it to the FY2012 level).  The amendment was defeated by a 178-242 vote.
  • To view the roll call vote, click here

ESSENTIAL AIR SERVICE AMENDMENT

• McClintock Amendment to H.R. 5972, FY2013 T-HUD Bill: The amendment offered by Rep. Tom McClintock (R-CA) proposed to eliminate all funding ($114 million) for the Essential Air Service.  The amendment was defeated by a 164-238 vote.
  • To view the roll call vote, click here

In addition to thanking the countless number of members and partners (especially NACo) who have pushed this issue forward, we also want to publicly thank Chairman Jimmy Duncan (R-TN), Reps. Tim Walz (D-MN) and Richard Hanna (R-NY), and Sens. Amy Klobuchar (D-MN) and Lamar Alexander (R-TN) for championing the RTPO and rural local official language.  We are also very appreciative of the willingness of the “Big 4” committee leaders on the House Transportation and Infrastructure Committee and Senate Banking Committee and Environment and Public Works Committee to compromise on this important issue.  We will be thanking all of these key leaders once the bill is complete.

If passed by Congress and enacted by the President, the final SAFETEA-LU reauthorization compromise:

• Establishes a formal definition and scope of work for Regional Transportation Planning Organizations (RTPOs) to serve areas outside the boundaries of Metropolitan Planning Organizations (MPOs).  It states that “a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.” There is currently no reference or definition for RTPOs and their potential work programs in federal law.
• Requires states to “cooperate” with nonmetropolitan local officials (or if applicable, through RTPOs) in carrying out the planning sections of the bill and in the development of the Long-Range Statewide Transportation Plan with respect to nonmetropolitan areas. However, the final deal retains current language that the U.S. DOT Secretary shall not review or approve the consultation process in each state.
• Outlines that states shall, to the maximum extent practicable, develop a consultative process for nonmetropolitan local official involvement (including through RTPOs) that is “separate and discrete” from the public involvement process.  This was a major priority of NADO.
• Allows states to “consult” with nonmetropolitan local officials (or if applicable, through RTPOs) in the development of the Statewide Transportation Improvement Program (STIP) with respect to nonmetropolitan areas. (The STIP is the 4 year program for project investments.) Similar to the Long-Range planning section, the final deal retains the current prohibition that the U.S. DOT Secretary shall not review or approve the consultation process in each state.
• Clarifies that certain categories of federal highway projects for areas of less than 50,000 would be selected by the state “in cooperation” with affected nonmetropolitan local officials (of if applicable, through RTPOs).  For National Highway System, Interstate maintenance and bridge, and sections 5310, 5311, 5316 and 5317 transit projects, the state will select projects “in consultation” with affected nonmetropolitan local officials.
• Under the structure of RTPOs, a fiscal and administrative agent, such as an existing regional planning and development organization, shall be selected to provide professional planning, management and administrative support.  The bill would also require RTPOs to form a policy committee and carry out specific planning and coordination activities.
• If a State chooses not to establish or designate RTPOs, the state shall “consult” with affected nonmetropolitan local officials to determine projects that may be of regional significance.  This provision remains a major concern for NADO in states without a formal and well defined process for rural local elected official involvement in the statewide transportation planning and programming processes.

For MPOs, the final deal also:

• Retains the current population threshold for all MPOs (existing and new) for urbanized areas of 50,000 or greater.  Transportation Management Areas (TMAs) would also remain at 200,000 or greater population.  The conference committee rejected the Senate plan to establish Tier 1, Tier 2 and Nonmetropolitan Planning Organizations within the MPO program.
• Requires states to coordinate with MPOs on performance measures for performance-based plans.
• Allocates a portion of modified Transportation Enhancement program resources to TMAs in areas above 200,000.

Among the other rural highlights:

• Extends the Secure Rural Schools program by one year, as proposed by the Senate, with clarification that funds for eligible Title III projects under the program must be obligated by the end of the following fiscal year but not necessarily initiated.
• Extends by one year the full funding for the Payment in Lieu of Taxes (PILT) program.
• Maintains the existing structure for public transportation in rural areas, while incorporating the rural component of the “Job Access and Reverse Commute” program into the 5311 formula.
• Establishes a new “Appalachian Development Public Transportation Program” to distribute $20 million to states within the Appalachian region.

Overall, the final compromise extends federal highway, transit and safety programs until the end of FY2014, consolidates the number of federal highway programs by two-thirds (increasing allocations to states), places a significant focus on project streamlining and performance measures, and establishes new policies and goals to improve freight movement.  The final deal does NOT include language requiring presidential approval of the Keystone XL pipeline.

Key resources for Moving Ahead for Progress in the 21st Century (MAP-21):

• Enrolled Bill (the bill as presented to the President for signature) H.R. 4348 for FY 2013-2014 signed into law July 6
• Summary of Estimated FY 2012, FY 2013, and FY 2014 Apportionments Under the Conference Report For the Moving Ahead for Progress in the 21st Century Act (MAP-21)
• Transportation Weekly chart on statutory deadlines by bill section for FY2013-2014 in MAP-21 signed into law July 6
• Transportation Weekly chart on statutory deadlines by date for FY2013-2014 in MAP-21 signed into law July 6

• Technical and conforming changes to the surface transportation reauthorization conference report released June 28
• Final surface transportation reauthorization conference committee report (H.R. 4348) filed on June 28
• Conference committee Statement of Managers for the conference report (H.R. 4348) filed on June 28
• Joint Committee on Taxation estimated revenue effects of the conference agreement for the revenue provisions contained in Division D of MAP 21 (released June 28)
• Joint Committee on Taxation review of estimated General Fund and Trust Fund effects of the conference agreement for the revenue provisions contained in Division D of MAP-21 (released June 28)
• U.S. Department of Transportation preliminary summary of conference report (H.R. 4348) released June 28
• U.S. Department of Transportation MAP-21 public transportation state chart released June 28
• U.S. Department of Transportation summary of estimated apportionments (FY12-FY14) under the conference report (H.R. 4348) released June 28
• Transportation Weekly chart on conference surface transportation funding authorizations for FY2013-2014 in the final conference report (H.R. 4348) released June 28
• Transportation Weekly chart comparing conference report with the Congressional Budget Office’s baseline released June 28
• Transportation Weekly chart of funding levels for surface transportation programs in conference report (H.R. 4348) vs. FY11 and FY12 released June 28