Senate Banking Committee Marks Up Transit
Bill
February 4, 2004
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in Adobe PDF format)
The Senate Banking Committee today marked up the transit title of reauthorization
legislation. Because Senate office buildings remain closed due to the discovery
of the deadly toxic ricin in the Dirksen office building, the mark up was
held in the Capitol and was closed to the public.
As expected, the bill reported by the Committee provides
$56.5 billion over six years for the federal transit program up from the $36
billion guaranteed under the recently expired TEA 21 legislation. As we reported
yesterday in a Legislative Update, on Monday the Senate Finance Committee
marked up the revenue title of the bill; that title would provide $47 billion
for transit from the Mass Transit Account of the Highway Trust Fund with the
remaining amount - $9.5 billion - coming from the General Fund. The Senate
Banking bill will now be added to the highway bill - S. 1072 - on the floor
of the Senate. The Senate Banking Committee and Senate Environment and Public
Works Committee will also be offering an amendment to add the guarantees and
firewalls for both highways and transit during floor debate on the bill. Funding
by year and program is shown on Table 1. This may take place as early as tomorrow.
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Action Call!
Ask your Senators to support the highway/transit bill, S.1072, which
is now being debated in the Senate. Urge them to support the Banking
and Environment and Public Works Committees amendment that would guarantee
and firewall the highway and transit funding levels.
And don't forget to register for APTA's Legislative Conference, March
7-9. It's just a month away!
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While we have not seen the final bill as marked up, we include below a brief
summary of the key provisions in the Senate Banking Committee bill on the
basis of staff discussions and draft bill language. A more complete summary
will be made available soon.
The Federal Public Transportation Act of 2004
Program Structure. The bill would generally retain
the current federal transit program structure. The funding ratios for the
discretionary capital program, currently 40% new starts, 40% rail modernization,
and 20% bus, would be revised to approximately 40 %/37 %/23 %, respectively,
after protracted negotiations. Approximately 7% of the urban formula program
each year would be allocated via a new tier based on projected population
growth/state population density, and a similar percentage of rural formula
funds would be allocated under this formula.
Table 1: Senate Banking Committee Funding Levels for Transit
by Program and Year
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FY 2004 (Millions)
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FY 2005 (Millions)
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FY 2006 (Millions)
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FY 2007 (Millions)
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FY 2008 (Millions)
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FY 2009 (Millions)
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Six Years (Millions)
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Total All Programs
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7,265.9
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8,650.0
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9,085.1
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9,600.0
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10,490.0
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11,430.0
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56,521.0
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Formula Total
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3,766.6
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4,562.4
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4,793.2
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5,066.1
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5,538.1
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6,036.6
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29,763.1
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S.5307 UZA [Excluding S.5336(a), S.5340]
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3,425.6
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3,543.1
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3,724.4
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3,938.7
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4,309.4
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4,701.0
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23,642.3
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S.5336(a) High Intensity Small UZA
|
---
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35.0
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35.0
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35.0
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35.0
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35.0
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175.0
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S.5040 Growing States, High Density States
|
---
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391.4
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411.1
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434.4
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474.7
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517.2
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2,228.8
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S.5311 Rural Area [Excluding S.5340]
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239.2
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391.4
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411.1
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434.4
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474.7
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517.2
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2,468.0
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S.5310 Elderly and Disabled
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90.1
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187.9
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197.3
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208.5
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227.8
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248.3
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1,159.9
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| Alaska Railroad |
4.8
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5.8
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6.1
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6.4
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7.0
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7.6
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37.6
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S.3038 Over-the-Road Bus
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6.9
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7.8
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8.2
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8.7
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9.5
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10.3
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51.5
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S.5309 Capital Total
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3,188.6
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3,678.7
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3,863.7
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4,082.7
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4,461.2
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4,861.0
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24,135.8
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New Starts
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1,316.0
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1,461.1
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1,534.6
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1,621.5
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1,771.9
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1,930.6
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9,635.6
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Fixed-Guideway Modernization
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1,199.4
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1,377.8
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1,447.1
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1,529.1
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1,670.8
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1,820.6
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9,044.7
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Bus and Bus Facilities
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673.2
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839.8
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882.1
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932.1
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1,018.5
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1,109.7
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5,455.4
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Planning
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72.6
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109.6
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115.1
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121.6
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132.9
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144.8
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696.6
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Research [Including University Centers]
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58.7
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55.7
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58.5
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61.9
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67.6
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73.6
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376.0
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S.5316 Alternative Transportation in Parks
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---
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25.0
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25.0
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25.0
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25.0
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25.0
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125.0
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S.5335 Reports and Audits
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---
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3.7
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3.9
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4.2
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4.6
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5.0
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21.4
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Job Access and Reverse Commute
|
104.4
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128.4
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134.8
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142.5
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155.7
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169.6
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835.4
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FTA Operations
|
75.1
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86.5
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90.9
|
96.0
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104.9
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114.3
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567.6
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Federal Share. The federal share for transit capital remains eighty percent,
and under the rural and elderly and disabled programs the sliding scale for
higher federal match comparable to the FHWA federal lands approach applies
to capital (both programs) and operating assistance (rural program). If new
start projects stay within original ridership and cost estimates, projects
could get a higher federal share.
New Starts. The bill would change the new starts reporting schedule
and the contents of the report; it would describe only those projects the
Administration is recommending for funding over the next three years. The
projects would be constrained by the amount of funding anticipated to be available
for new projects. Projects would be rated on five-point scale: high, medium-high,
medium, medium-low, or low.
Only fixed guideway projects remain eligible for funding under the new starts
program.
A new pilot program is authorized to demonstrate the advantages of public/private
partnerships for new start projects.
DOT to report every year on consistency and accuracy of cost and ridership
estimates. The GAO to conduct annual review of the procedures for evaluating
and rating projects.
DOT to report on the suitability of allowing transit contractors to receive
performance incentive awards if project is completed below original estimated
cost.
Each time FTA makes significant changes to the new starts project review
and evaluation and criteria, FTA shall publish policy guidance for comment
before making final.
Small Starts. A project seeking less than $75 million may be funded
within existing new starts program. Projects must be cost effective but FTA
given discretion to develop project evaluation criteria. Non-fixed guideway
bus rapid transit projects would be eligible under this program.
Planning. A new Metropolitan Capacity Building Program is included
at $5 million a year.
The bill would eliminate TIP as a stand-alone document; the first five years
of the transportation plan would serve function of TIP.
Alternatives analysis would not be eligible under section 5309, but $20 million
annually would be set aside under the planning program for such costs.
Two new planning factors added: promote consistency between transportation
improvements and state and local land use planning and economic development
patterns, and enhance integration and connectivity of the transportation system,
across and between modes for people and freight.
Small Transit Intensive Cities. Essentially the same as APTA's proposed
transit intensive program.
Private Enterprise Participation. Under the joint development part
of the statute, the intercity bus portion of an intermodal facility would
be eligible for funding; $75 million annually under the bus/bus facilities
program for intermodal facilities.
There is a new "subrecipient" concept whereby private entities
that now contract with public bodies would become "subrecipients"
with presumably greater rights under the law. A rulemaking would be required
to carry this out.
MPO compliance with private sector requirements would be on basis of local
procedures.
The bill reflects APTA/ABA charter bus language.
Procurement. Contract requirements reworded: "Recipients to conduct
all procurement transactions in a manner that provides full and open competition
as determined by the Secretary."
Pre-award and post-delivery audits. Not to apply to grantees serving
UZA of less than 1 million population.
Operating Assistance Phase Out. Areas going over 200,000 in population
under latest Census can use 50% of previous operating assistance in FY 05,
25% in FY 06.
13(c). Modifies labor protection severance pay current requirement
of six years to four years; clarifies that change in contractors would not
produce 13c obligations; and codifies 13c warranty for rural and introduces
warranty for JARC program.
Elderly and Disabled program. Clarifies that funds can be used for
medical access needs.
JARC program. Clarifies that change in JARC eligibility does not restrict
the program to TANF recipients.
Data Collection - Rural Program. Adds data collection requirements
for rural systems.
Study on Incentives in Urban Formula Program. DOT is to conduct a
study on the feasibility and appropriateness of developing and implementing
an incentive funding system.
Right of Way Acquisition. Transit authorities would be able to make
advance ROW acquisitions, including railroad ROW, before NEPA finalized, but
property cannot be developed until NEPA finalized.
New Freedom Program. Retitling and adding of New Freedom language
to existing elderly and disabled program.
National Transit Institute. Maintains NTI at Rutgers University; adds
intermodal planning to curriculum.
Bus Testing Facility. Provision would be repealed.
Bus Dealer Requirements. No State law requiring buses to be purchased
through in-state dealers shall apply to vehicles purchased with a grant under
the federal transit program.
Drug and Alcohol Testing. Permits Secretary to decide that transit
agencies may be subject to only one DOT agency drug and alcohol testing program.
Transit in Parks Program. The bill would establish a new program to
support development of transit in national parks.
Statutory Clean Up. Following the Administration's SAFETEA proposal,
the bill would revise and clean up the statute in a number of places. These
are generally non-substantive changes. Like the House bill, the bill would
change "mass transportation" to "public transportation".
The definition of "public transportation" has been revised to provide
that it "…does not include school bus, charter bus, intercity passenger
rail, or sightseeing transportation." (Italicized portion new.) A new
term, "mobility management", is defined and is eligible for capital
funding; it means a short-range planning or management activity that does
not include operating public transit services and improves coordination; addresses
customer needs; and manages transit demand. Generally adds "security"
for grant eligibility and FTA oversight purposes.
For further information, please contact APTA's Rob Healy at (202) 496-4811
or email rhealy@apta.com.
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