Fiscal Cliff? One Perspective on Real Deal for Transportation, Transit

Now that election 2012 is so many news cycles ago, what is the so-called "fiscal cliff" newscasters keep screaming about? Is the situation dire? What is actually at stake, particularly for publicly-funded mobility options? What will Congress do? What are the details?

The "fiscal cliff" refers to the possibility of sequestration, a word too big for most news media. Fiscal cliff sounds more comprehensible and more dramatic at the same time. If you take away one piece of information from this post, remember that everything - yes, every bit of federal funding - is up for negotiation. Even if we avoid the fiscal cliff. consequences for federal programs might be minimal or huge. We just do not know yet.

Warning: This post will repeat - over and over - the important message that everything is subject to negotiation by Congress.
 
Fiscal Cliff Can Be Avoided by an Act of Congress

The fiscal cliff, or as it is formally called, sequestration, refers to the Budget Control Act (BCA), which requires Congress to reduce spending by $1.2 trillion over the next ten years. Without Congressional Action, reductions will begin in January 2013 and continue through Federal Fiscal Year (FFY) 2021. Of the $1.2 trillion in cuts the law would require - IF Congress does not act (and it will) - half of the savings would be derived from defense programs and half from non-defense programs. 

So, Congress can avoid sequestration by passing legislation to avoid it. The deadline for the "fiscal cliff" is Jan. 2, 2013. The new Congress will be sworn in on Jan. 3. The Bush tax cuts are set to expire on Jan. 1.

[Now is the time. Clock in Kansas city's Union Station.]

Congress Tends to Act Close to Deadlines

The truth is that no one actually knows whether sequestration will happen or what will be negotiated to avoid its harsh consequences because this is an ever-changing situation that will probably meander in negotiations and hit some crisis points before it is resolved close to the January deadline. Congress tends to be like college students, working hard on tasks only when an assignment is almost due. That is part and parcel of the legislative/sausage making dance. It is Congressional gamesmanship. 

This is the messy part of democracy. Read about the constitutional convention and the state conventions that considered the Constitution. We are upholding a long tradition.

[El station in Chicago's Loop.]

Everything Is on the Table for Negotiation

National organizations, lobbyists, businesses and others are paying attention. Why? What is important is that Congress can consider all aspects of the federal budget as its members ruminate on and trade chits about what will be funded and how much money will go for what. That means that cuts might take place for certain programs, but not necessarily in the amounts that sequestration would compel. What programs will be affected and in what amounts remains in question.

Indeed, even programs not subject to BCA/sequestration/fiscal cliff reductions could be on the table for negotiation. Right now might be a good time to let your representatives in the House and Senate know what your valued services are and about your funding streams. 

Why Is Congress Likely to Act to Avoid Sequestration?

With gridlock on Capital Hill a common occurrence, how do we know that Congress will act? What exactly is the threat that will light a fire under 435 Congressional offices? Only if Congress acts will the country avoid sequestration. Such inaction will not be perceived as a good move by most voters. If there is any message from the election, it is that the public is really wants Congress to do more than have members stare at each other from across the aisle and refuse to do anything.

[Early morning along the Columbia River Gorge looking across from Washington State to Oregon.]

Sequestration Translation for Transportation

The following is a summary of what the fiscal cliff - or sequestration, as it is properly known - would mean for transportation were sequestration to happen. We do not believe this will occur. According to the Transportation Issues Daily, in a post about sequestration, exempt from the sequestration requirements are programs supported by the highway fund, including:

• Federal-Aid Highways
• Highway Traffic Safety Grants
• NHTSA operations and research, and National Driver Register
• Motor Carrier Safety Operations and Programs
• Motor Carrier Safety Grants
• Transit Formula and Bus Grants
• Airport Improvement program

Transit programs other than those above, however, would be subject to sequestraion, such as New Starts and Amtrak.  (Also affected would be some Federal Aviation Administration programs.) And, the Department of Transportation would not be the decision maker to apportion the cuts. Transportation Issues Daily reported:

The spending cuts will be across the board and determined by the Office of Management and Budget (OMB). The final say on how the sequester will be implemented will be made by OMB in the coming months.

USDOT will have no discretion or authority in determining the level of cuts by program. In other words, USDOT will not have the authority decide to cut more from an aviation program and less from a transit program.

[Seats for seniors and people with disabilities on a San Francisco streetcar.]

Exempt ≠ Hands Off
 
Again, the law's provisions should not be viewed as any indication of what will actually occur. It's provisions are better thought of as the threat that will induce Congress to act. It might happen, but probably not. And anything exempt from the terms of the so-called fiscal cliff law can be touched by Congress - and that most likely means reduced. Transportation Daily continues to closely watch sequestration developments. Please note that it offers its own opinions as well as facts.

Sequestration and MAP-21

Although MAP-21 retains the highway trust fund and mentions funding amounts that are mostly not subject to sequestration (with some of the exceptions mentioned above), that does not mean that transit, community transportation and even highways are home free. None of the money under MAP-21 is guaranteed. 

The last two authorizations (SAFETEA-LU and TEA-21) treated transit spending as "mandatory," which meant that it was not subject to the vicissitudes of annual appropriations. MAP-21 did not contain such language. 

[Another pretty streetcar in San Francisco.]

Nothing Is Exempt from Reductions

Congress can do whatever it wants, including making funding changes to programs unmentioned in the BCA (the fiscal cliff law) or explicitly exempt. I repeat, "Congress can do whatever it wants." It can change whatever it wants in the negotiations that are taking place between now and January. Funding amounts for MAP-21 programs, for human services, for jobs programs, or for anything might stay the same or be reduced. Increases are extremely unlikely.

Indeed, whatever happens in these negotiations, with less and less money going into the highway fund - with increased fuel efficiency and overall less driving - and appropriations amounts up in the air - transportation access and infrastructure across all modes will be dealing with greater uncertainties in funding.     

Learning about Sequestration 

If you want to know what the BCA law provides for exactly in terms of reductions were Congress to fail to act, the White House released the congressionally-mandated report detailing the impacts of sequestration for each federal agency's programs.

Staff at some state departments of transportation and transit agencies are being briefed about sequestration prospects. Colorado, Texas and Maryland are examples. Maryland officials do not believe sequestration would have much impact on its transportation programs because most of the federal money the state receives is via the highway fund and it does not have any New Starts projects slated for 2013. The assumption is that Congress and the President will work to address sequestration before 2012 is up.

[Entry gate in San Francisco.]
 
National Organizations Educate Constituencies

Here is information and links that national organizations have provided. And what is important to remember? The fiscal cliff scenario is unlikely to become reality. The prospect of it happening is a threat hanging over Congress' capital dome. These are risks that different organizations declare would occur were we to allow sequestration to happen - in other words, the other side of the fiscal cliff.

National Association of Regional Councils
NARC has a wealth of information about the possible consequences of sequestration.
1. Presentation with information about what sequestration might mean for local economies.
2. Summary of the White House report on sequestration reductions.

[Chicago water taxi on the Chicago River.]

National Association of Development Organizations
Archived webinar - Sequestration. The webinar addresses sequestration's potential impact on regional development organizations and local governments, as well as the impact that it could have on the economy as a whole, and federal government spending and programs. The day before the Nov. 6 election, NADO offered an update about the possible political options, what is at stake, and predicted economic ramifications. NADO summarizes a political publication's prediction that "the most likely option is another set of stop-gap measures that would delay a more permanent policy change until 2013 or later."

Association of Metropolitan Planning Organizations
AMPO offers its perspective to its members about how Congress is handling the prospect of sequestration before the election and into early 2013. 

Congressional leaders agreed to punt FY13 appropriations bills into next year, bypassing what could have been a prolonged and politically nasty partisan battle prior to the election.  With this move, Members avoid having to cast votes that could haunt them in their re-election bids.  This also avoids short-term CRs [continuing resolutions] that have in the past led to government agency preparation for shut downs.  The agreement keeps the federal government funded from October 2012 to March 2013.  Senate Democrats and House Republicans agreed that both chambers will vote in September on a continuing resolution for the first half of fiscal 2013, using the $1.047 trillion discretionary spending limit agreed to in last year’s deficit reduction law.

This budget strategy clears the way for Congress to debate how to address impending across-the-board spending cuts (sequestration), which are scheduled to go in to effect at the beginning of next year (Jan 2, 2013), as well as the expiring Bush tax cuts (end of this year).  These negotiations will take place either during in the lame-duck session or possibly in early 2013.  Both chambers of Congress have or will pass legislation that establishes markers for how they would like to see the pending tax and spending issues resolved. 

[Informal bike parking.]

American Association of State Highway Transportation Officials
AASHTO is alerting its constituency to the "fiscal cliff" when MAP-21 lapses instead of sounding alarm bells about sequestration.

[T]he Congressional Budget Office (CBO) projects that massive cuts in both highway and transit funding will occur in fiscal year (FY) 2015 if MAP-21 expires and nothing replaces it. ... [T]he CBO projects highway funding would be slashed to $4.5 billion in FY 2015 from $40 billion annually right now, with transit program funding shrinking to $3.5 billion from $11 billion.

Seniors and Sequestration

National Association of States United for Aging and Disabilities 
NASUAD posts a table, Impact of sequester on fiscal year 2012 Older Americans Act programs, which lists the amounts each program is predicted to receive with and without sequestration. 

National Association of Area Agencies on Aging 
N4A sent out an alert to its members in September that sequestration would have devastating consequences. It noted speculation that "17 million meals for seniors would be lost and 1.5 million fewer low-income people served by the Community Services Block Grant." N4A encouraged its members to tell their federal representatives how important it is to older Americans to avoid sequestration.

[Tile in London's Bank Street Underground station. Mind the gap.]

Leadership Council of Aging Organizations 
The council states in an Issue Brief that "Any “savings” from the sequester would pale in comparison to the added costs, resulting in premature nursing home placement for seniors who can no longer stay in their homes and communities because of reduced federal funding."
 
CQ Today Online News summarizes what is at stake, the positions of both political parties, and activity in Congress. 

Possible scenarios are: (1) nothing gets done; (2) a deal is made to avert sequestration; or (3) sequestration is averted and big decisions are made. The expiration of the Bush tax cuts at about the same time adds urgency to the lame luck session of Congress and what will be negotiated.
The deadline for the "fiscal cliff" is Jan. 2, 2013. The new Congress will be sworn in on Jan. 3. The Bush tax cuts are set to expire on Jan. 1. And what should you remember? Everything is up for negotiation. 
 
[Editors note: Due to the limits on label characters for this blogging platform, this post will not be listed under the labels for the organizations mentioned.]

Sunlight shining through a dark forest.

Reauthorization Responses and Explanations

What to make of the new MAP-21 transportation law? The transportation reauthorization law, Moving Ahead for Progress in the 21st Century Act, otherwise known as MAP-21, is Public Law No: 112-141. Click here for the full text. Here is commentary and explanations from various organizations and transportation commentators.

Federal Transit Administration
FTA rolls out a new webpage devoted to MAP-21 information, including illustrative apportionment data for several programs. 

Amalgamated Transit Union
ATU commented that the new law "fails mass transit, riders and workers, and will lead to more fare increases and service cuts – a hidden tax increase on riders who can least afford it." ATU calls the law a "death blow for public transportation." ATU is also focusing on the transit funding cuts and what that means for bus drivers.

ATU is commencing an "I'm in" campaign "to elect pro-transit and pro-Labor candidates." Information is available on the ATU Facebook page.

American Association of State Highway Transportation Officials
AASHTO congratulates Congress on reaching an agreement for a new transportation law. AASHTO's press release states:

Without this legislation, drastic cutbacks would have been necessary due to a revenue shortfall in the Highway Trust Fund. There are many things to like in this bill, including providing funding for surface transportation programs at current levels and extending user fees and the Highway Trust Fund through Fiscal Year 2016. We also are pleased that the legislation includes needed reforms to stretch taxpayer dollars with expanded innovative finance, improved efficiency with program consolidation, streamlined project delivery, and improved accountability with performance measures. 

[Kansas City, MO, BRT "MAX" stop at the public library.]

American Bus Association
ABA praises Congress for passing MAP-21 and offers a summary of provisions pertinent to motor carrier companies. ABA observes that the new law:

[p]rovides for greater flexibility in rural transportation programs. Changes should enable bus operators to serve more rural Americans by offering affordable, clean transportation options while connecting isolated rural areas throughout the country to larger communities.

ABA also notes that MAP-21 provides for "a study to examine the benefits of public transportation companies contracting with private carriers to transport people."

American Public Health Association
In its latest Transportation and Public Health E-Newsletter, APHA recognized the "hard work helped to preserve funding and eligibility for some important programs that support walking and biking, as well as public transportation programs." However, the final version of MAP-21 was considered far from APHA's vision of "a forward-looking 21st century transportation bill that provides equitable transportation choices and bolsters public health." Before the bill passed, APHA joined in a letter to conference committee members that opposed changes to public participation requirements.

APHA provides links to America Bikes' comparison of SAFETEA-LU and MAP-21 and information about the Rails to Trails Conservancy webinars about MAP-21 and transportation enhancements. 

American Public Transportation Association
APTA congratulates President Obama and Congress for passing a bipartisan transportation bill. "[T]he bill includes improvements to keep our systems in a state of good repair; streamlines delivery of public transit projects; provides funding for new start projects and for a bus replacement and a bus facility program.  MAP21 provides for stable funding for public transportation for twenty-seven months and will run through September 2014. "

APTA issued an estimate of urban apportionments and state-by-state distributions under MAP-21. APTA announces a webinar on July 27, 2012 with key congressional committee staff from the House and Senate who wrote the transit provisions of the recently enacted surface transportation authorization bill, MAP-21.

[Schedule and arrival time information at a BRT "MAX" stop in Kansas City, MO.]

Association for Commuter Transportation 
ACT issues a summary of MAP-21, with commentary about spending reductions and increases, the change in the definition of carpool, use of vanpool fares as local match, and the requirement that all CMAQ projects will have a 20 percent local match. ACT also hosts a MAP-21 Resource Center with a summary, legislative information, links to federal agency resources, and planning information.

Association of Metropolitan Planning Organizations  
AMPO provides a state-by-state breakdown of funding in the reauthorization. AMPO explains what MAP-21 means for metropolitan planning organizations (MPOs), stating that the law brings "two years of funding certainty at slightly higher levels of spending than in 2012.  MAP-21 reduces the number of highway and transit programs and does not include any earmarks." AMPO notes that MAP-21 brings performance measures requirements and expands use of federal funds for transit operations.  What was not significantly changed for the MPO community were policy in transportation planning and the population threshold for new MPOs, which remains at 50,000.

Most notable among the changes to transportation law, according to AMPO, are the changes in time periods for states to reimburse MPOs (down to 15 days), linking transportation improvement plans (TIPs) to performance targets, and targets that address national performance measures in coordination with the State and providers of public transportation.

AMPO provides detailed legislative information and plans to provide more details soon on its website.

Community Transportation Association of America
"Against what seemed to be insurmountable odds, MAP-21 emerges with two years of funding with increases in overall transit investment for both FY 2013 and 2014," CTAA's message reads. It is pleased with the new Transportation Emergency Relief Program (TERP) and with the focus on safety. The association observes that the funding sources are not a sustainable solution. 

MAP-21 allows for operating expense funding for transit agencies in communities above 200,000 in population and with fleets of 100 or fewer buses. The "[p]rogram that funds transportation specifically for seniors and people with disabilities must select projects that are included in a locally developed, coordinated public transit-human services transportation plan. The plan must be developed and approved through a process that includes seniors and people with disabilities and is coordinated to the maximum extent possible with transportation services assisted by other federal departments and agencies." CTAA observes that rural and tribal funding is increasing.

[MAX low-floor BRT bus near Board of Trade and Plaza area of Kansas City, MO.]

National Association of Development Organizations 

NADO “made substantial progress in promoting Regional/Rural Transportation Planning Organizations (RTPOs),” which NADO points out are defined in MAP-21. Also notable for NADO is the requirement for 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.” NADO notes additional consulting requirements on its webpage summarizing MAP-21’s significance for rural planning organizations.

National Complete Streets Coalition
Though disappointed that a complete streets provision did not survive the final passage of MAP-21 (observing that it had received bipartisan support), the National Complete Streets Coalition finds a positive note that the Highway Safety Improvement Program language includes "a new, more comprehensive definition of street users that is based on Complete Streets language." This allows for measures to protect pedestrians, bicyclists, and people with disabilities. "The term ‘road user’ means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities."

The coalition links to responses from walking and biking organizations.

Transport Politic offers opinions on the general political equation that the law calculates regarding funding, transit and highways.

[London Underground.]

State Funding Developments

National Conference of State Legislatures
NCSL offers Major State Transportation Legislation 2011, a report with funding legislation and changes from all 50 states, including measures that did not pass.  

Treasury Department Touts Transit and Infrastructure Investments

Department of the Treasury
The Treasury Department issues a report, A New Economic Analysis of Infrastructure Investment, that argues in favor of expanding transportation options as an avenue for economic growth, citing research on location-efficient neighborhoods and emission reductions due to transit ridership, among other evidence. Also covered is what the Administration is doing currently in terms of investments in infrastructure and speeding project delivery.

The report also speaks in favor of a national infrastructure bank and benefits to the middle class of wise infrastructure investment, including a benefit to Lincoln, NE, of 1000 jobs for making Metro North train cars that seat commuters from Westchester and Connecticut traveling into the city each day. (Yes, New York City, Grand Central, specifically.)

No Pie on Transit* - Except Pi Day?

Public health benefits are touted as a reason to invest in transit.

Using data on individuals before (July 2006 to February 2007) and after (March 2008 to July 2008) the completion of a light rail system in Charlotte, North Carolina, they find that the use of light rail to commute to work is associated with a nearly 1.2 point reduction in body mass index as well as an 81 percent reduction in the odds of becoming obese. Moreover, improved perceptions of neighborhoods as a result of the availability of light rail were associated with 15 percent lower odds of obesity as well as higher odds of meeting weekly recommended physical activity levels for walking and vigorous exercise (9 percent and 11 percent, respectively).

In addition to all of the personal benefits associated with a healthier life style, overall costs on our health care system are substantially reduced when obesity rates are lowered, given that health care costs for the obese are almost twice the rate for normal weight individuals. Finkelstein et al. find that between 1998 and 2006, the prevalence of obesity in the United States increased by 37 percent, adding $40 billion dollars to health care costs.

A separate study by Stokes et al. estimates that health care savings in Charlotte from the creation of the first segment of their light rail system could reach a cumulative $12.6 million by 2015. These facts also suggest that targeted investment in creating new public transportation systems could translate into large-scale savings in health care costs. Furthermore, many other academic studies show that proximity to public transportation and more rationally-designed neighborhoods tend to be associated with increased walking and other physical activity for the general population, working or otherwise. [Footnotes omitted.]

Transit ridership growth is declared as well as increased demand for transit service. There is more in the report.

* [For all of you non-math nerds, Pi Day is March 14, as in 3.14159 etc., used in circle radius, circumference, diameter and other calculations. It is also the birthday of Albert Einstein and my mother. That would make her happy. Some schools ask parents to make pie donations for math class celebrations. Not that math classes are unhealthy; other than the last day of the term, that's pretty much the only day for less-than-healthy eating in algebra, geometry, trigonometry, calculus and beyond classes. Well, at least the ones I am aware of.]

Occupy Transportation? and State Updates

Amalgamated Transit Union
ATU is generating attention for April 4 as a National Day of Action for Public Transportation, called by Occupy Boston on the anniversary of Martin Luther King's speech about Vietnam and American poverty. The April 4 event "is about demanding public transportation for the 99% by spreading the word about the mass transit crisis out to riders and the general public." Occupy Boston voiced its concerns for transit funding at a recent public hearing. ATU's website links to the Occupy Boston announcement.

National Conference of State Legislatures
NCSL releases its monthly transportation newsletter, which includes an overview of reauthorization activity in Congress, high-speed rail developments, and an update on state funding for transportation.

Associations Educating Members, Urge Members to Contact Congress

Community Transportation Association of America
CTAA has created Reauthorization Central, which contains the different proposed bills in Congress, summaries and CTAA analysis of the legislation, key Congressional committees' documents, Department of Transportation responses and the schedule of possible Congressional actions. Letters to Congress with comments on the funding provisions also are posted, including a joint letter signed on by CTAA, the National League of Cities, the National Association of Counties, the U.S. Conference of Mayors, the National Association of City Transportation Officials, Reconnecting America, and the American Public Transportation Association.

American Public Transportation Association
APTA is strongly opposing the reauthorization proposal in the House.

The bill eliminates the Mass Transit Account of the Highway Trust Fund and creates the new Alternative Transportation Account that would provide funding for public transportation, the Congestion Mitigation and Air Quality Control (CMAQ) program, and several other programs. Dedicated funding for the new account has not yet been identified.

APTA calls for a predictable and dedicated source of funding. It is supporting a bi-partisan effort in the House to restore transit's funding source. "It is not yet clear if the Rules Committee will allow a vote on this amendment. APTA is urging a full floor vote on this amendment prior to final passage."

APTA has also prepared talking points to use when communicating with members of Congress. These include the point that "[t]he Ways and Means proposal to fund public transportation investment with a one-time appropriation would leave transit without any funding source when those funds run out in 2016."

[Portland light rail near the convention center.]

Planning Organizations at Stake

Association of Metropolitan Planning Organizations
AMPO and APTA are jointly recommending to Congress that the reauthorization retain all exixting metropolitan planning organizations (MPOs), regardless of population size.

Removing the decision-making authority from the local level will reduce the voice of the local government, transit agencies, its citizens, and people in the region. Citizens elect their local public officials to reflect the unique nature of their region, and removing the MPO will only increase the distance between the average citizen and the policy-maker.

AMPO and APTA also oppose the 200,000-population threshold for all MPOs as eight states would potentially be left without one unless the Secretary grants approval that they possess the technical capacity to complete the planning requirements. Some that have served as local planning conveners since 1962 would be eliminated.

National Association of Counties
NACo is concerned about reauthorization proposals that fail to maintain planning organizations.

MPOs between 50,000-200,000 would face an uncertain future and are no longer guaranteed a role in the planning process; efforts to enhance the planning role for include rural regions under 50,000 were not successful; the Surface Transportation Program underwent some changes that may not be beneficial to local governments; and funding for the Transportation Enhancement program appears to be no longer mandatory.

[Portland's Amtrak station.]

Amalgamated Transit Union
ATU is advocating in favor of federal operating assistance for transit systems.

Now more than ever we must urge Members of Congress to do the right thing for our communities by voting yes on the amendment to adopt the original “100 Bus” language which also includes targeted and temporary operating assistance for the nation’s medium size and large transit systems which are also in the midst of a mobility crisis.

Other groups, such as Transportation for America, PolicyLink, and the League of American Bicyclists, among others, are advocating for improved transit funding and multi-modal street networks.

As we go to press, there are House members switching sides to back transit and the Senate is likely to put off a vote.

[San Luis Obispo Amtrak station.]

Local Stories

Two of the biggest logistical concerns for working parents are transportation and child care. One transit agency is doing both. To attract good employees who can work the nontraditional hours that transit and other industries demand, Prairie Transit in Spearfish, S.D., "opened its own state-licensed child care facility right in its new transit center." The article, Community care: Day care centers draw workers to towns, appeared in the Rapid City Journal.

Indianapolis, Ind. - APTA reports that IndyGo performed well during the Super Bowl festivities. The transit agency had a “Know Before You Go” campaign to alert riders to temporary route changes and offered free rides Feb. 2-5, funded by a federal Congestion Mitigation Air Quality grant.

Local fixed route ridership surpassed expectations throughout the entire detour period with a 39 percent increase over average ridership: a total of 325,212 rides over 10 days. IndyGo operated additional buses to accommodate the crowds on fixed route service, reaching a peak of 28 extra buses assisting routes on Feb. 4.

APTA's news also highlights another story, this from Cincinnati, where the Everybody Rides Metro Foundation, administered by Metro in Cincinnati, provided more than a million free rides in the past four years to low-income workers traveling to and from work, job training, and related activities. "Almost 100 agencies partner with the foundation, including Talbert House, Freestore Foodbank, St. Vincent de Paul, Lighthouse Youth Services, and Cincinnati Works."

Hi-Tech Town

Boston transit riders have hi-tech ways to get real-time information and engage in public participation. The Massachusetts Bay Transportation Authority is texting real-time information to bus riders. Just the stop identification number and the telephone number are all that is needed. And if you have a smartphone, life is even better because Boston boasts more than 40 apps for transit. Helps having lots of smart, techie college students around. The MBTA is also considering service cuts and fare increases. Like the wired town that it is, Boston's residents are commenting publicly - on twitter. That meeting is so last century. Both stories via the TransitWire.

AARP Informs Reauthorization Conversation with Equity Considerations

AARP
Expecting transportation reauthorization to happen, AARP in Transportation Funding Reform: Equity Considerations for Older Americans "examines whether current or proposed transportation funding sources at all three levels of government are in some way inequitable for low-income people, rural residents, people with disabilities, or older adults."

AARP is analyzing this issue now because revenues from the gas tax are decreasing and are increasingly inadequate to pay for our transportation infrastructure needs.

Gas Tax Most Popular Road Fee

While the current gas tax is equitable in that users pay the fees, the current gas tax is described as regressive - disproportionately costing low-income users - and further distributing costs unevenly in that it is a relative bargain for those who own fuel-inefficient vehicles and it does not charge for peak-time usage of the roads. The report also looks at alternatives to the traditional gas tax that have been popping up at the state and local levels. These include tolling and mileage fees.

The report notes that the current federal gas tax only takes into account use, but not impacts.

Many analysts think it is only fair for travelers to pay a fee that takes into account the negative impacts their travel has on the highway itself (through the weight of their vehicle, for example) and the time and health costs they impose on other travelers (when they travel in the peak period or drive polluting vehicles). Without this link, drivers partially escape the financial, pollution, and health costs they impose on others and create excess demand for new highway capacity. Drivers who act to conserve gas end up subsidizing those who do not. For example, off-peak users subsidize peak-period users. Some highway advocates note that paying for public transportation (and underground storage tanks) from the HTF [Highway Trust Fund] breaks the link between those who pay and those who benefit. The transit advocates’ response to this argument is that payments into the Mass Transit Account help offset drivers’ pollution and congestion costs.

Three quarters of states charge a gas tax in addition to the federal tax. States also charge user fees for car ownership, licensing, and tolls. In terms of new types of taxes, the report analyzes the equity ramifications of fees based on vehicle miles traveled (VMT) and high-occupancy lane usage (which it finds relatively non-regressive because they are not usually located in areas where people with low incomes travel in great numbers). Not mentioned are public transit fare rates.

Sales and Other Taxes Unrelated to Driving

Though income taxes are the most progressive, they do not account for impact. Property and development-related infrastructure taxes are relatively regressive, while sales taxes are completely regressive.

The improvements funded by a retail sales tax, for example, while failing to link payment to transportation system use, may provide benefits even to people who infrequently travel by car or public transportation. Living in a community with uncongested roads, a good transportation system, or a safe cycling network may have intrinsic value.

The report calls for equity in terms of mobility availability for all.

Increased investment in public and community-based transportation options, highway modifications, driver assessment and training, pedestrian facilities, and attention to urban design and land use policies would help to ensure that those who pay receive their fair share of benefits.

Fairness for Older Americans

In terms of older Americans, the AARP report observes that they are more likely than the general population to live in rural areas (20 percent of rural residents are over 65) and more likely to live in suburban areas of metropolitan areas. The report's interpretation of the numbers is that 70 percent of older Americans live in "low-density places, where, for example, regular fixed-route public transit use may not be a practical option." Their travel patterns indicate that older people travel more during mid-day than those 16 to 64 and less during rush hours. Their cars are older; they travel less on highways and they do not drive for much of their miles traveled.

Legislative Push to Improve Transportation for People with Disabilities

National Council on Independent Living
NCIL published a new position paper on transportation that starts out with the observation that 80 percent of federal transportation funding goes to highways, which discriminates against people with disabilities, along with the unfulfilled promise of the ADA for transit service accessible to all and the lack in rural areas of transportation options and accessible streets for people with disabilities.

NCIL declares 11 goals that it is seeking via the next transportation authorization bill. The following list is edited, but quotes from the position paper.

1. Address the continued discrimination against individuals with disabilities by ensuring through legislation that all public transportation is accessible to and for individuals with disabilities. According to the Rural Transportation Institute, a recent study indicates that only 7 states require public transportation to be wheel-chair accessible under Section 5310. ...

2. Provide major new investments in public transportation and complete street designs ... . The lack of transportation and pedestrian safety and right of way options in many communities is a major barrier to employment of individuals with disabilities. Individuals with disabilities heavily rely on public transportation and the expansions of transportation and complete street options will significantly improve the mobility of individuals with disabilities. ...

3. Include the creation of innovative, creative, universally designed, and accessible and energy efficient vehicles in any future Economic Stimulus, Climate Change, or Surface Transportation Reauthorization Legislation. ... Legislation should maximize the development of federal incentives to increase local and state transit investment. All community and public transportation systems should be able to decide locally when and how to best deploy federal and local investment for either operating or capital uses.

4. Require states to establish an advisory committee to the state Department of Transportation including at least 51% of persons with disabilities and senior citizens, for all types of transportation services. An advisory committee should also be created in counties and/or areas where there are no transportation services, in order to help establish a transportation system to meet the needs of that county. ...

5. Develop a federal standard that requires all taxi fleets to be wheelchair accessible/universally designed that can be adopted by the U.S. Access Board. At a minimum private transportation services such as taxis, limousines and/or shuttle services, must have 10-20% (with a minimum of at least one accessible vehicle) wheelchair accessible/universally designed vehicles.

6. Make all train cars, stations, and any mechanism used to assist with boarding, doorways and vestibules accessible. According to the Amtrak staff at The Piedmont in Charlotte, North Carolina, there are no accessible cars for wheelchair users. As a result, one may be able to get to his or her destination on a car that is accessible but may not be able to travel home because the car on the return train may not be accessible. ... Also, all stations must maximize accessibility improvements including stations not designated as key stations.

7. Create legislation that requires support for mobility management and coordination programs and voucher programs among public transportation providers, other human services agencies providing transportation services, and volunteer driver and aide programs ... by establishing a dedicated funding source for these services. The mobility needs of individuals with disabilities in rural communities are significant. New initiatives to address their unique needs, such as the need for accessible transportation services to transport individuals between the various Municipalities, must be included in any transportation reauthorization.

8. Expand Section 5310 [rural general purpose], the Job Access and Reverse Commute program and the New Freedom program that serves a critical need in the disability community. ... The program should be strengthened by improved oversight and transparency to help nonprofit partners understand how to access the program and assist policy makers understand how the program is being used.

9. Produce all information by transportation authorities for the purpose of informing the general public of their function and schedule of operations in an accessible format upon request. Such formats must address the needs and requests of the patron requesting such an alternative format like large print (18 size font), braille, and computer disk (digital format). In addition, transportation websites must meet the requirements set forth under Section 508 of the Rehabilitation Act.

10. Establish a federal standard that requires all commercial airline carriers, as well as small air carriers, to provide personnel with adequate training in safe methods of transfer for passengers with mobility disabilities onto both small and large aircraft. ...

11. Allow service animals including psychiatric service dogs & emotional support animals (ESA) to follow their user.

ABLE Act

NCIL and other disability rights organizations, particularly those representing people with cognitive disabilities, are advocating for the ABLE Act, which stands for Achieving a Better Life Experience Act. Modeled on the qualified tuition program, the Act would amend the tax code to encourage saving for "disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the supplemental security income program under title XVI of such Act, the beneficiary's employment, and other sources." These expenses include housing, transportation, education, employment supports, health and wellness, and assistive technology, among others, including spending on public transit or modifying personal vehicles.

Sharing the Truth about Transportation Services & Transit

Community Transportation Association of America
CTAA's Director, Dale Marsico, provides historical context for the Federal Transit Administration's proposed changes to current policies on implementing the requirements of Title VI of the Civil Rights Act of 1964.

[K]eep in mind that it is fair for us to be asked if we are living up not just to our responsibilities on Civil Rights under Title VI. Remembering that these proposals represent something more for us than a typical government regulation, I believe that everyone who has questions or concerns about them use the full range of comment procedures and meetings to discuss them with the FTA. I'd also urge you to suggest different strategies to provide the kind of factual information that tells our ongoing story of the role we play in expanding Civil Rights for everyone.

Visit the FTA site for information about the proposals relating to civil rights and environmental justice and the ADA.

CTAA has a new blog, Truth in Transit. The blog contains stories about transit systems, rider experiences, and funding. It is a resource for community and public transportation leaders and advocates to share best practices in building effective, strategic relationships with local, state and federal elected officials and with other key partners. I really like the 101 piece written by a Wisconsin legislator about how to approach political leaders. The advice applies everywhere and beyond transportation.

[Portland's Union Station.]

American Public Transportation Association
APTA releases the APTA Primer on Transit Funding - The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Extensions, and Other Related Laws, FY 2004 Through FY 2011, a report that explains all of the transit funding programs and how many dollars are authorized and appropriated for them. In another report, APTA analyzes what will happen if cost-cutting proposals become the law of the land in the next reauthorization. An Analysis of Proposed U.S. House of Representatives Actions and Their Impact on Public Transportation looks at impacts on riders, jobs, service, maintenance and new projects.

AARP
AARP has written a report about the safety and mobility considerations involved with golf-cart-like vehicles, called Low-speed vehicles (LSVs). Use in specific communities is analyzed as well as accident rates. Use of these vehicles has increased, though they are not designed for car-like speeds or impacts.

Map of Senior Transportation Programs

The Beverly Foundation has compiled a map of senior transportation that shows the number of programs in each state, where they are and a link to further information about each program.

Local Stories

Ohio Valley of West Virginia announces plans to revisit its coordinated transportation plan. The study's director sees challenges in mobility needs as well as perceived barriers of liability and funding to interstate service. See the local news video.

Like many areas of the country, Palm Beach County, Florida, is seeing an increase in transit ridership. This increase remained even during a dip in gas prices. Sundays, the only day for which there was no increase, remained steady in ridership, though service has been cut.

[Tile art on Portland building.]

Reauthorization - National Organizations Talk Transportation Investment

There's an uptick in reauthoriztion talk due to the impending Sept. 30 deadline and whether the old transportation authorization, SAFETEA-LU, will continue to be extended as is - a "clean" extension. A further question is whether a short-term extension will be followed by a reauthorization.

National organizations are advocating for a reauthorization. Their priorities have generally remained the same in the last couple of years. This is what they are saying to the public and to their members.

American Association of State Highway and Transportation Officials
AASHTO supports President Obama's position to extend SAFETEA-LU to "as a prelude to completing a new reauthorization bill." AASHTO's reauthorization recommendations include doubling the use of transit by 2030, encouraging more efficient land use, streamlining transportation programs, and increasing investment in highways, transit and intercity passenger rail. On AASHTO's homepage, it is asking Congress to provide "[f]lexibility to enable states to get the most value for each dollar; [c]hanges in [the] law so we can deliver projects faster; [and f]inancial tools as a supplement to our dollars."

[Bike with bread in Hood River, Oregon.]


National Association of Regional Councils
NARC urges Congress to "pass a clean, long-term authorization extension of both the current federal-aid surface transportation programs (highways and transit) and the continued collection of federal fuel taxes." Economic stability and jobs are cited as the reasons for Congress to act now.

Smart Growth America is basically sending out the same message as NARC, with a warning that if Congress does not act "no federal funds for roads, bridge repair, or transportation options; thousands of American workers facing halts in work or layoffs; a loss of $1 billion in just 10 days."

[San Luis Obispo Amtrak station in California. Photograph taken from the Coast Starlight train.]

Community Transportation Association of America
CTAA is noting the redefining of infrastructure to include transit vehicles and workers. Due to the consensus in Congress that we should not slight transportation infrastructure, CTAA is urging transit and transportation providers that "we must keep the infrastructure angle primary in our communications."

American Public Transportation Association
APTA released a public service television spot with Presidents Clinton and Reagon declaring the importance of transportation. The message requests that people tell Congress to pass a robust six-year transportation reauthorization. The ad presently appears on APTA's homepage. APTA is also talking about transportation investment as a means to preserve and create jobs.

Association of Metropolitan Planning Organizations
AMPO succinctly described the current House plans for a six-year reauthorization and the Senate two-year version, which has a $12 billion funding gap. AMPO also explains the mechanics of the Budget Control Act and the House plan to limit transportation spending to the amount of gas-tax receipts.

A summary of what is going on in Congress concerning reauthorization and appropriations appears in yesterday's edition of NRC Capitol Clips.

President Addresses Reauthorization

Department of Transportation
Secretary of Transportation Ray LaHood in his Fastlane blog applauds President Obama's request that Congress "pass a clean extension of key transportation programs as soon as possible." The President states that the jobs of thousands of construction workers and DOT employees are on the line. Politico is linking Obama’s remarks to a job-creation plan he’s expected to launch next week.

According to Politico, the President also calls this a good time to invest in transportation - while jobs are scarce, interest rates are low and infrastructure needs to be maintained. “We have to have a serious conversation about making real, lasting investments in infrastructure from better ports to a smarter electric grid to high speed rail,” he said. A Washington Post blog states that Obama will address jobs next week in a speech to a joint session of Congress.

The houses of Congress have different plans, a six-year reauthorization in the House and a two-year proposal in the Senate. Transportation funding will expire on Sept. 30. Click here for more general information about reauthorization and the speech from the Associated Press.

More Responses to the House Reauthorization Proposal

Association for Commuter Transportation
ACT responded to the House reauthorization proposal by stating that while the association understands the need for fiscal constraints, it points to underinvestment in transportation. ACT applauds the proposed expansion of public-private partnerships where appropriate, and the development of performance measures for both highway and transit projects.

[Taxis about to leave Central Park on a summer morning.]

Association of Metropolitan Planning Organizations
AMPO warns that if all current metropolitan planning organizations (MPOs) are not grandfathered in the next reauthorization bill, which could institute a 200,000 population threshold, then it is possible that almost two thirds of the current MPOs will disappear and that eight states will no longer have an MPO.

As required under U.S. Code Title 23, Chapter 1, Section 134, MPOs are policy boards comprised of local elected officials, representatives of public agencies that administer or operate transportation modes and state officials. The boards are responsible for carrying out federally required transportation planning activities that include, but are not limited to, development of long-term multimodal transportation plans, coordinated selection of transportation improvements in a fiscally constrained manner, public outreach, and coordination with states and numerous public and citizen interests.

AMPO asserts that MPOs are crucial for transportation decisions to reflect "the voice of the local government, its citizens, and people in the regions."

Community Transportation Association of America
CTAA currently has links on its homepage to the overview of the House proposal, the House Democratic response, and a Senate Banking Committee state-by-state table of current spending levels and expected reductions.

[Maine fishermen relaxing on shore on a cool evening.]

Making Sense of Funding Available and Reauthorization Talk

Okay, may be it is just me or that my brain has shifted to the summer mode of summmers before air conditioning, but I am finding confusing the news about funding available and the reauthorization proposal and the many responses to it.

Funding - All Sustainable

TIGER grants - $527 million is available from the Transportation Investment Generating Economic Recovery (TIGER) competitive grant program. These Department of Transportation funds will be awarded for innovative transportation projects that will create jobs and have a significant impact on the nation, a region, or a metropolitan area. Pre-applications must be submitted by October 3, 2011. Final applications are due through Grants.gov by October 31, 2011.

The money may be awarded for projects beyond public transportation, such as roads and freight rail. In the past, awards have gone for transit buses, streetcars, ports, and bicycle and pedestrian paths. The TIGER website has a very cool map that allows one to peruse previous awards.

Sustainability Initiative

This Federal Transit Administration program will award funds for clean fuel and energy-reducing technologies and transit upgrades. The deadline for applications is Aug. 23, 2011.

Clean Fuels grant recipients will be chosen through a competitive selection process based on their ability to help communities achieve or maintain the National Ambient Air Quality Standards for ozone and carbon monoxide, while supporting emerging clean fuel and advanced propulsion technologies for transit buses.

TIGGER III grants, which will also use a competitive selection process, will be awarded based on a project’s ability to reduce energy consumption and greenhouse gas emissions and provide a return on the investment.

Last year's 63 winning projects involved an array of environmental innovations, such as installing energy-efficient technologies at transit facilities, replacing traditional diesel-powered buses with low- or zero-emission vehicles, and building compressed natural gas fueling stations.

Now see why I am confused? Between TIGER and TIGGER, I feel like I am stuck in a Winnie the Pooh story with Tigger bouncing and Tony the Tiger visiting, except that there are no cutely-drawn striped animals involved.

To make this somewhat easier, FTA has a website with information about its discretionary programs, the funding available and deadlines.

Livability Expansion Initiative

Other FTA discretionnary programs include the Livability Expansion Initiative, with $175 million available and a deadline of July 29. The two components include the Alternatives Analysis program and the Bus and Bus Facilities program. The goal of the Alternatives Analysis program is to assist potential sponsors of New Starts and Small Starts projects in the evaluation of all reasonable modal and multimodal alternatives and general alignments options to address transportation needs in a defined travel corridor. Priority will be given to projects that foster the six livability principles. Included in allowable expenditures for the bus program are

purchasing of buses for fleet and service expansion, bus maintenance and administrative facilities, transfer facilities, bus malls, transportation centers, intermodal terminals, park-and-ride stations, acquisition of replacement vehicles, bus rebuilds, bus preventive maintenance, passenger amenities such as passenger shelters and bus stop signs, accessory and miscellaneous equipment such as mobile radio units, supervisory vehicles, fare boxes, computers and shop and garage equipment.

The State of Good Repair program also has a July 29 deadline and has $750 million ready for maintenance and repair.

Related HUD funding

The Department of Housing and Urban Development Sustainable Communities Regional Planning grants are not yet available. Advance notice has been released that there will be $67 million on the table "towards creating stronger, more sustainable communities that connect housing to jobs while fostering local innovation and building a clean energy economy."

Reauthorization Conversation Begins Again

Both the Senate and the House have started anew serious talk about reauthorization, with Rep. John Mica (R-Fla.) proposing a one-third cut in highway and transit funding and a six-year bill. Sen. Barbara Boxer has put forth a two-year bill.

The SAFETEA-LU extension will expire on September 30, but it is anyody's guess whether the current discussions will lead to new legislation or another extension. Here is information about the proposals and the perspective of some members of the National Consortium on the Coordination of Human Services Transportation.

American Public Transportation Association - transit perspective on the Mica reauthoriization proposal.

American Association of State Highway Transportation Officials - coverage of House and Senate activity, with discussion of the current divide between Democrats and Republicans on each.

Amalgamated Transit Union - Responds negatively to the Mica proposal. Says the proposal will cause massive layoffs among transit workers and the service reductions "would be the knockout punch that puts millions of more people on the unemployment line."