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The information below is a preliminary
analysis of the SAFETEA-LU bill. More details will emerge
in the coming weeks as we have a chance to review the bill
more thoroughly. You may link to sections of the bill from
our homepage www.highways.org.
Review of the SAFETEA-LU
Conference Report
Funding
The total amount of
guaranteed funds over the five years from fiscal year
2005-2009 is $241.4 billion. If fiscal year 2004 were included,
the total six-year funding level would have been $286.4 billion.
Of this amount, 79% is provided for highway programs, 18.5%
is provided for transit, and the remaining 2.5% is for behavioral
safety grants and enforcement under the jurisdiction of DOT
agencies other than FHWA and FTA.
A
table is attached which shows the allocation of highway
funds for selected, major highway programs.
We hope to provide a
state-by-state table as soon as possible. We do know that
the minimum guarantee provision subjects a 90.2% "scope"
of the program to a minimum rate of return for each State.
Within this scope:
In fiscal year 2005,
the minimum guarantee is 90.5% (same as under TEA 21);
in fiscal years 2006&2007 the minimum guarantee rises
to 91.5%; and
in fiscal years 2008&2009 the minimum guarantee is 92.0%.
In addition to the minimum
rate-of-return, States are also guaranteed a minimum real
dollar increase over TEA 21 funding levels. The minimum
increase rises 1% each year from +17% in fiscal year 2005
to +21% in fiscal year 2009. The average increase for
all States is about 31%.
Selected Provisions
of Interest
RABA (Sec. 1105)
- The Revenue-Aligned Budget Authority rule, which annually
adjusts guaranteed funding levels, is modified to eliminate
reductions in guaranteed funding provided the balance in the
highway account of the Highway Trust Fund exceeds $6 billion.
Congestion Relief
(Sec. 1201) - Requires the Secretary to establish a real-time
system management information program in provide the capability
to monitor real-time traffic and travel conditions on major
highways. The purpose is to identify longer range real-time
needs and develop plans for meeting needs and provide the
capability to share information to the traveling public.
Projects (Sec. 1301,
1302, 1702, 1934) - Earmarks at least 5,700 projects (not
including transit title) totaling nearly $20 billion. Most
of these prjoects are in Section 1702. However, several high
value projects of national and regional sigificance and corridor
improvements are found in Section 1301 and 1302.
Truck Parking (Sec.
1305) - Secretary shall establish a pilot program to address
the shortage of long-term parking of commercial motor vehicles
on the National Highway System funded at $6,250,000 each year
from fiscal year 2006-2009.
Highway Safety Improvement
Program (Sec. 1401) - A comprehensive $5.1 billion roadway
safety program is created under this section. Up to 10% may
be transferred to carry out safety projects under another
section only if the State has met all needs related to highway
safety improvement projects and rail-hwy crossings. Each year
$90 million of this program is set aside for high risk rural
roads.
Highways for LIFE
(Sec. 1502) - A new program, to be applied in all States
to the maximum extent feasible, to encourage state-of-the
art technology, elevated performance stands, and new business
practices in higway construction to improve safety, speed
construction, reduce congestion, improve quality, and satisfy
users. Allows up to 20%, but not more than $5 million for
a project and allows that these funds be applied to the non-Federal
share of the cost of construction.
Tolling (Sec. 1604)
(a) Reauthorizes the Value
Pricing Program at $11 million in FY 05, $12 million for
each year from FY 2006-2009. Reserves $3 million of the
funds from FY 2006-2009 for non- toll projects.
(b) Authorizes new Express
Lanes Demonstration Program. Creates 15 demonstration projects
on facilities. Eligible facilities include currently tolled
roads, roads that current have HOV lanes, roads that are
modified to provide new tolled lane capacity, or untolled
roads where new, tolled capacity is added. Excess toll revenue
may be used for highway and transit projects, provided that
the tolled facility is adequately operated and maintained.
Express tolls must be completed automated.
(c) Interstate System Construction
Toll Pilot Program. Allows up to 3 facilities on the Interstate
system to impose tolls for the purposes of constructing
Interstate highways. Intestate maintenance funds may not
be used on such a facility.
CMAQ Eligibility
(Sec. 1808) - Expands eligibility of congestion mitigation
and air quality funds for advanced truck stop electrification
systems, transportation systems management and operations
that reduce congestion and improve air quality, and the purchase
of diesel retrofits in most cases.
NHTSA Safety Program
Authorizations (Sec. 2001) authorizes funds for highway
safety program grants including the general program (Sec.
402), research and development, occupant protection incentives,
safety belt performance grants, State traffic safety information
system improvements, alcohol-impaired driving countermeasures,
national driver register, high visibility enforcement, motorcyclist
safety programs, child safety and booster seat grants, and
administrative expenses. No new sanctions are created under
the bill, which as previously proposed would withhold funds
from States that do not pass prescribed safety laws.
The programs in the
preceding paragraph are described in detail in Sections 2001-2022.
Of particular interest to motorcycling members is Sec. 2010,
which creates a number of motorcyclist safety programs including
grants for motorcycle rider training courses, motorcyclists
awareness programs, programs to reduce fatalities and crashes
involving motorcycles, and reduce motorcyclists' impaired
driving.
Household Goods Transportation
Subtitle (Section 4201-4216) establishes oversight and
enforcement of interstate household movers consumer protection
laws.
ITS Research (Section
5301-5310) reauthorizes and expands ITS research programs.
Motorcycle Crash
Causation Study (Section 5511) - $1.4 million is provided
in fiscal years 2006 and 2007 for grants to conduct a motorcycle
crash causation study.
Planning (Section
6001) includes new provisions and restates existing provisions,
and includes some of the new planning mandates. Detailed analysis
to come.
Streamlining (Section
6002) (details to come later)
6002(c) & (d) defines
lead agency and participating agency responsibilities
6002(f) clarifies the roles of the lead and participatory
agencies in determining the Purpose and Need for a project
and the alternatives analysis.
6002(g) gives the lead agency authority to plan public and
agency coordination and scheduling timelines and establishing
deadlines for project reviews.
6002(h) creates a mechanism for dispute resolution, including
elevation of disagreements.
Section 6003
creates pilot programs for States to assume any of the Secretary
of Transportation responsibilities for environmental reviews
for recreational trails and transportation enhancement projects.
Section 6004
allows States to apply to assume the Secretary's responsibilities
for determining the eligibility of projects that are categorically
excluded from environmental assessments and environmental
impact statements.
Section 6005
allows 5 States (Alaska, California, Ohio, Oklahoma, and Texas)
to participate in a pilot program that allows the State to
assume responsibilities of the Secretary of Transportation
for project reviews, under certain circumstances.
Section 6007
exempts the Interstate Highway System from consideration as
a historic site under Section 4(f). Individual elements that
possess national or exceptional historic significance are
considered historic
Section 6008
mandates the integration of natural resource concerns into
transportation planning.
Section 6009
exempts de minimis impacts to parks, historic sites, wildlife
and waterfowl refuges from alternatives analysis under Section
4(f).
Section 6011
sets a new cycle for clear air act conformity determinations
and sets the horizon year for air quality modeling in transportation
improvement plans.
Over the next several
weeks, we will conduct a more thorough review of all provisions
in the bill that are relevant to highway users. We thank you
for your patience as we go through this process.
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