APTA: Legislative Alert

Congress Adjourns for August Recess after Passing Important Transit-Related Legislation

House Approves Full Funding for Transit in FY 2008 - $9.731 Billion

President Signs Transit Security Authorization Bill –

$3.4 Billion over 4 Years

August 9, 2007

Congress formally adjourned for its summer recess on August 4th, leaving Washington, D.C. for a one month break after weeks of frenetic activity. Leading up to the recess, the U.S. House of Representatives, the U.S. Senate and President Bush acted on a number of pieces of legislation of interest to public transportation. This report summarizes that activity and analyzes the outlook for transit-related legislation later this year. Congress will reconvene after the Labor Day holiday on September 4.

FY 2008 Transportation Appropriations Bill Passes the House

On July 24, the U.S. House of Representatives approved the Fiscal Year (FY) 2008 Transportation, Housing and Urban Development, and Related Agencies Appropriations (THUD) bill in a 268-153 vote. The bill provides $9.731 billion for federal transit programs in FY 2008, the full amount authorized in the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). If enacted, it would be an increase of $756.1 million or 8.4 percent over the FY 2007 enacted level.

In the Senate, consideration of FY 2008 Appropriations bills has progressed at a slower pace. The Senate has passed only one of the 12 appropriations bills as it breaks for its traditional August recess. The THUD bill approved by the Senate Appropriations Committee contains $9.597 billion for transit in FY 2008. It would increase in transit funding by $622.1 million over the FY 2007 level, but is $134 million less than the level authorized by SAFETEA-LU. The shortfall occurs because the Senate Appropriations Committee froze funding for the New Starts and Small Starts program in the bill at the FY 2007 level of $1.566 billion.

It is likely that the Congress will not enact the THUD bill before the new fiscal year begins on October 1. If that occurs, the measure is likely to become part of a larger Omnibus spending package at the end of the current session.

FY 2007 Enacted THUD Appropriations Law, FY 2008 SAFETEA-LU Authorized Levels & FY 2008 House and Senate Committee-Passed THUD Appropriations Bills

Program	FY 2007 Enacted	FY 2008 Authorization	FY 2008 House Committee Passed	FY 2008 Senate Committee Passed
Program	(Millions)	(Millions)	(Millions)	(Millions)
Total All Programs	8,974.8	9,730.9	9,730.9	9,596.9
Formula Programs Total	7,262.8	7,872.9	7,872.9	7,872.9
§ 5307 Urbanized Area	3,947.1	4,280.3	4,280.3	4,280.3
§ 5311 Rural Area	467.0	506.5	506.5	506.5
§ 5310 Elderly and Disabled	117.0	127.0	127.0	127.0
§ 5317 New Freedom	81.0	87.5	87.5	87.5
§ 5308 Clean Fuels Formula	45.0	49.0	49.0	49.0
§ 3038 Over-the Road Bus	7.6	8.3	8.3	8.3
§ 5309 Fixed-Guideway Modernization	1,448.0	1,570.0	1,570.0	1,570.0
§ 5309 Bus and Bus Facilities	855.5	927.8	927.8	927.8
§ 5305 Planning	99.0	107.0	107.0	107.0
§ 5316 Job Access and Reverse Commute	144.0	156.0	156.0	156.0
§ 5320 Alternative Transportation in Parks	23.0	25.0	25.0	25.0
§ 5335 National Transit Database	3.5	3.5	3.5	3.5
§ 5339 Alternatives Analysis	25.0	25.0	25.0	25.0
§ 5309 New Starts/Small Starts - Total	1,566.0	1,700.0	1,700.0	1,566.0
Research and University Centers	61.0	65.5	65.5	65.5
FTA Operations	85.0	92.5	92.5	92.5

Action Call!
With Congress in recess during August, this is the perfect time to invite your U.S. Senators and your local Congressperson in the U.S. House of Representatives to visit your transit property. Also, contact your U.S. Senators, particularly members of the Senate Committee on Appropriations, with the following message:

Urge them to support full funding for public transportation in the FY 2008 Transportation Appropriations bill at the levels authorized by SAFETEA-LU.
Point out that the FY 2008 Budget Resolution enacted by the House and Senate assumed full funding for both transit and highway programs at the SAFETEA-LU authorized levels.
Tell them how transit investment benefits their constituents in your service area and supports national goals to reduce energy consumption, traffic congestion and air pollution.
Explain that SAFETEA-LU authorizes increased investment for both public transportation and highways under a carefully balanced investment schedule that should be honored.

For more information on the FY 2008 THUD Appropriations bill, please contact Paul Dean of APTA’s Government Affairs Department at (202) 496-4887 or email pdean@apta.com.

SAFETEA-LU Technical Corrections Bill

>House and Senate negotiators last week agreed to provisions for a technical corrections bill to SAFETEA-LU, but further progress on the bill is uncertain. The corrections bill consists of minor corrections to SAFETEA-LU, such as adjusting the descriptions of projects in the law. The legislation would not alter overall funding levels for transit programs. House and Senate leaders intended to attach the bill to a conference report for federal water resources legislation, but the opposition of a small number of Senators prevented that course of action. Instead, the House passed a new stand-alone corrections bill (H.R. 3248) in a 422-1 vote on August 1. One new item of interest to transit in the House bill is a provision that would allow FHWA emergency relief funding to pay for transit expenses incurred in the aftermath of the April collapse of an interstate connector in the San Francisco region following a tanker fire. The Senate now needs to act on the bill, but a small number of opponents to the bill could stall Senate action on the matter indefinitely.

For more information on energy legislation, please contact Homer Carlisle of APTA’s Government Affairs Department at (202) 496-4810 or email hcarlisle@apta.com.

President and Congress Approve Authorization for Significant Increase in Transit Security Funding

On Friday, July 27 Congress approved H.R.1, the 9/11 Commission Recommendations legislation which authorizes substantial increases in federal support for transit security funding. The legislation authorizes $3.4 billion for transit security grants over the next four years ($650 million for FY 2008; $750 million for FY 2009; $900 million for FY 2010; and $1.1 billion for FY 2011.) It is important to note that these amounts are authorizations only, and final funding levels will still be subject to the annual appropriations process. However, the legislation helps the transit industry to make the case for continued growth in federal funding for transit security grants.

Other provisions in the legislation related to transit include:

The Conference report states that the transit security grants should be distributed directly to public transportation agencies – rather than through state or local government entities.
The President is given the authority to determine which agency – either the Department of Homeland Security or the Department of Transportation – will be responsible for administering the grants.
Transit security grants will not require a state or local funding match.
$600,000 per year is authorized funding for the continuation of the Public Transportation Information Sharing Analysis Center (ISAC).
A research and development program related to public transportation security is created.
The legislation requires that transit properties receiving federal funds under this initiative establish security plans and staff training programs.

The legislation does not alter or expand the number or class of transit agencies that are eligible to receive transit security grants. The authority to determine eligible transit agencies remains with the Department of Homeland Security.

President Bush signed the legislation into law on Friday, August 3 (P.L. 110-259).

For more information on transit security funding, please contact Tom Yedinak of APTA’s Government Affairs Department at (202) 496-4865 or email tyedinak@apta.com.

Senate Approves FY 2008 Transit Security Funding

On Thursday, July 26 the Senate approved S.1644, the FY 2008 Department of Homeland Security Appropriations bill, which provides nearly $400 million for transit, passenger and freight rail security grants. Similarly, the House of Representatives approved its version of the bill on June 15, which also includes $400 million for transit security grants. If enacted into law, this funding level would be an increase of $125 million over the amount appropriated in FY 2007. A House/Senate conference will develop a final compromise version of the legislation for final passage following the August recess.

For more information on transit security funding, please contact Tom Yedinak of APTA’s Government Affairs Department at (202) 496-4865 or email tyedinak@apta.com.

House Energy Legislation

On August 4, shortly before adjourning for its recess, the House of Representatives passed H.R. 3221, “The New Direction for Energy Independence, National Security, and Consumer Protection Act,” a wide-ranging legislative package offered by House Democrats to promote American energy independence and reduce energy consumption. APTA staff attended an event held by House Speaker Nancy Pelosi last week to brief industry leaders on the bill’s contents. The package combines several outstanding bills, including H.R. 2701, the Transportation Energy Security and Climate Change Mitigation Act of 2007. If enacted, this legislation would include several provisions that would benefit transit, including:

Authorizes an additional $750,000,000 per year for Urbanized Area Formula Grants and $100,000,000 per year for Rural Area Formula Grants in FY 2008 and FY 2009. Funds must be used to either reduce transit fares or to expand existing services. Funds can be used to cover capital expenses or a shortfall in operating costs associated with either activity. The increases would only take effect if the funds are appropriated by Congress;
Allows for a 100 percent federal share for Clean Fuel, Alternative Fuel vehicle related equipment or facilities grants and CMAQ funds;
Creates procedures for the Surface Transportation Board to conduct a non-binding mediation to settle disputes between commuter rail and freight rail carriers over track usage;
Requires states to redistribute future rescissions of federal highway contract authority in the same proportion as the contract authority was originally apportioned. This would end the practice of states choosing which program they would return contract authority from, preventing states from returning proportionately larger amounts of CMAQ and Transportation Enhancement (TE) contract authority; and
Creates a new category of tax credit bonds for local governments to issue to raise funds for green community programs and initiatives designed to reduce greenhouse gas emissions. Interest on these bonds would be paid by the federal government with tax credits, offering municipal governments the ability to borrow interest-free for designated purposes. Expenditures on transit facilities and expenditures to reduce pollution from transit vehicles are named as “qualified conservation purposes” under the program. The national limitation for the bond program (the total amount of debt that could be issued) would be $3.6 billion. Local governments that represent 100,000 or more residents would receive an allocation from that amount based on population size.

Earlier in June, the Senate passed its version of energy legislation, “The Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007” (H.R. 6). The Senate bill does not include a specific transit title similar to the House package. However, the legislation does create several block-grant programs that would provide transit agencies with new opportunities to access federal dollars, including a pilot program for renewable fuel facilities, an “Electric Drive Vehicle Demonstration Program,” and an “Energy and Environmental Block Grant” program. The House and Senate will work to reconcile the two bills this fall, but enactment of energy legislation this year is uncertain. President Bush has issued a veto threat against the House-passed legislation, citing opposition to tax changes in the bill that would affect oil and gas producers and other provisions in the bill.

For more information on energy legislation, please contact Homer Carlisle of APTA’s Government Affairs Department at (202) 496-4810 or email hcarlisle@apta.com.

House/Senate Railroad Safety Legislation

Legislation to modify federal rail safety law is being developed in both the House and Senate. House Transportation and Infrastructure Committee Chairman James Oberstar (D-MN) introduced the Federal Railroad Safety Improvement Act of 2007 (H.R. 2095) with 67 cosponsors and the committee approved the bill on June 14.

In the Senate, on July 26, Senator Frank Lautenberg (D-NJ), Chairman of the Commerce, Science and Transportation Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security conducted a hearing on the Railroad Safety Enhancement Act of 2007, (S.1889, which was introduced immediately after the hearing). David Solow, APTA’s vice chair for commuter and intercity rail and CEO of the Metrolink commuter rail system in Los Angeles, testified on behalf of APTA at the July 26 hearing. Mr. Solow testified on a panel with Federal Railroad Administrator Joseph Boardman, Association of American Railroads President Edward Hamberger, and Brotherhood of Locomotive Engineers and Trainmen Vice President and National Legislative Representative John Tolman. Click here to view APTA’s testimony.

Both the House and Senate versions of the bill would:

Change the federal hours of service laws that apply to commuter railroads under the regulatory authority of the Federal Railroad Administration (including so-called “limbo time”);
Mandate implementation of positive train control (PTC) systems;
Address grade crossing safety;
Require the development of rail safety plans by the Department of Transportation (DOT); and
Make numerous other changes to current rail safety laws.

With regard to hours of service time, both bills increase the number of off-duty hours that railroad and signal employees have during a 24 hour period from 8 to 10 hours, and both require that employees have at least 24 consecutive hours off-duty in a 7-day period. The Senate bill permits DOT to waive the 24 hours off in 7 days requirement if collective bargaining agreements provide equivalent safety and protection against fatigue. Both bills prohibit employers from contacting employees during their 10 hours daily off-duty time, but the Senate bill permits the DOT to waive this prohibition for commuter and intercity passenger railroads under certain conditions.

Both bills dramatically reduce “limbo time” (mostly time spent waiting for, or in deadhead transportation, from a duty assignment to the place of final release). In addition to allowing limbo time in instances involving accidents, weather, track obstructions and other specific situations, each bill allows for a phase down in the use of limbo time. The House bill permits up to 40 hours of limbo time per employee, per month, in the first year after enactment, reduced to 30 hours in the second year and no more than 10 hours per employee each month in subsequent years. The Senate bill permits up to 30 hours of limbo time per employee, per month in the first three years after enactment, but limits DOT’s authority to permit limbo time to 20 hours per employee each month after that time.

While both bills require Class 1 freight railroads, and commuter and intercity passenger railroads to develop plans for implementation of PTC systems, the House bill requires PTC implementation by December 31, 2014 and the Senate bill requires PTC implementation by December 31, 2018. Both bills provide DOT with some authority to modify these PTC deadlines slightly. The Senate bill contains provisions not included in the House bill that prohibit the public disclosure, except under limited circumstances, of records submitted to DOT under mandatory safety risk analysis and reduction programs.

Both bills also direct DOT to study additional certification for crafts and classes of workers, both require national grade crossing inventories and the establishment of toll-free numbers to report grade crossing problems, and both direct the National Transportation Safety Board to develop programs to assist families of passengers involved in accidents on interstate intercity or high-speed rail systems.

APTA continues to work with the congressional committees to help develop these bills to represent the interests and concerns of its member organizations involved with commuter and intercity passenger rail service.

For more information on this legislation, please contact Rob Healy of APTA’s Government Affairs Department at (202) 496-4811 or email rhealy@apta.com.

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