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We Have a Bill-the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users

Posted on: Sunday, 23 October 2005, 03:01 CDT

By Anonymous

On August 10, 2005, U.S. President George W. Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), a massive five-year surface transportation authorization bill.

Funding

SAFETEA-LU provides an overall funding level of $286.5 billion- $228 billion for highway programs, $52 billion for transit programs and $6 billion for highway safety programs over five years. The guaranteed funding in the overall bill represents an approximate 38- percent increase over the Transportation Equity Act for the 21st Century (TEA-21). Of the overall funding level, $22 billion is provided for congressional earmarks.

The bill replaces the Minimum Guarantee Program with a new Equity Bonus Program. Under the new program, states will receive a minimum rate of return on their Highway Trust Fund contributions, from 90.5 percent to 92 percent by fiscal year 2008 (FY08), and a minimum percentage of funding over the levels they received under TEA-21, regardless of contributions to the Highway Trust Fund. States are expected to receive approximately 19 percent more than was received under TEA-21.

Financing

To maintain funding stability, SAFETEA-LU tweaks the Revenue Aligned Budget Authority (RABA). It retains the "lookahead" and "look-back" provisions. However, if a negative swing occurs, it would not kick in unless the Highway Trust Fund balance falls below $6 billion. The RABA calculation would not start until FY07 and, if there is a positive RABA in FY07, the additional revenue would be applied to donor states to bring them up to a 92-percent rate of return earlier than FY08.

The bill establishes a National Surface Transportation Infrastructure Financing Commission to report on the state of the Highway Trust Fund and alternative approaches for generating trust fund revenues. A Road User Fees Study also is authorized to study a specific approach to assessing highway-use fees.

In addition, the bill authorizes a National Surface Transportation Policy and Revenue Study Commission.

Highways

The bill maintains TEA-21 s core highway programs and creates one new core safety program.

* Congestion Mitigation and Air Quality Improvement Program-$8.7 billion: Allows for the provision of funds for four years.

* Highway Bridge Program-$21.6 billion: Agreement requires that $100 million be set aside annually from FY06 to FY09 for designated projects. The measure allows federal share for bridge projects up to 90 percent.

* Highway Safety Improvement Program-$5.1 billion: New program authorized from FY06 to FY09. Funding is distributed by formula-one- third based on each state's percentage of federal-aid highway miles; one-third based on each state's percentage of miles traveled on the federalaid system; and one-third based on each state's percentage of fatalities on the federal-aid system.

* National Highway System Program-$30.5 billion

* Surface Transportation Program (STP)-$32.5 billion: The bill maintains the mandate that states allocate a portion of their funds to urban areas with populations greater than 200,000. The creation of the new Highway Safety Improvement Program eliminates die need for the STP set-aside for safety programs. The bill also allows STP funds to be used for projects associated with intersections with high levels of congestion or accidents.

Transit

The bill provides $52 billion for overall transit programs. This includes $19.1 billion for urbanized formula grants and $1.9 billion for non-urban areas (under 50,000 people). A total of $1.7 billion in formula funding is provided over four years for growing and high- density states. Starting in FY06, the bill creates a $339-billion competitive "New Freedom" program to fund projects for disabled accessibility. The bill provides $8 billion for Major Capital Investment Grants-"new starts." Of those funds, $200 million is set aside annually for new "small starts" grants-it may provide up to $75 million for projects costing less than $250 million.

Safety

SAFETEA-LU establishes a $5.1-billion Highway Safely Improvement Program (HSIP) for FY06 to FY09. Of those funds, $880 million is set aside for the railway-highway grade crossing program and $90 million is set aside for construction and operational improvements on high- risk rural roads. The remainder of the program funds is distributed by formula.

The program requires states to develop and implement individual strategic highway safety plans and submit annual progress reports to the secretary of transportation. States that do not develop a strategic plan by October 2007 will have their HSIP apportionment frozen at the FY07 funding level. The National Highway Traffic Safety Administration (NHTSA) is required to review each state's highway safety program on a triennial basis.

Other safety-focused programs include a new Safe Routes to School Program, work zone safety programs and other provisions to address pedestrian and bicycle safety, older drivers and pedestrians and increased seatbelt use. The bill financially penalizes states that do not adopt a .08 blood alcohol content as the legal standard for drunkenness.

NHTSA safety programs jncjude $502 million over five years for the Highway Safety Research and Outreach Program. Required studies from this program will focus on crash data, distracted drivers, pedestrian safety and alcohol-impaired driving. The bill creates a new five-year, $34.5-billion State Traffic Safety Information System Improvements Incentives Grant program to provide additional funding to states that initiate programs that improve safety data collection and sharing. It also authorizes a joint NHTSA-Federal Motor Safety Act outreach and education program to promote highway safety.

SAFETEA-LU also prohibits the sale or use of traffic signal preemption transmitters to unauthorized users.

Project Streamlining

SAFETEA-LU provides changes to streamline the environmental review process. Some of those changes include the U.S. Department of Transportation's (U.S. DOT) designation as the lead agency for environmental reviews; adding a new category of "participating agencies" to allow more state, local and tribal input in the process; and requiring resolution of any issues that could potentially delay the process within 30 days, or U.S. DOT must notify Congress and publish the action in the Federal Register. The streamlining provisions include a 180-day statute of limitations for judicial review of a federal agency challenge. A project delivery pilot program is established that would allow, under certain guidelines, specific states to assume U.S. DOT environmental review responsibilities.

Planning

The set-aside for metropolitan planning is increased to 1.25 percent.

In an effort to provide consistency, SAFETEA-LU creates the same planning procedures for metropolitan and statewide planning. The bill requires a greater amount of consultation and coordination from other entities/interests affected by transportation, including federal, state, local and tribal agencies as well as representatives of the pedestrian, bicycle and disabled communities. It also includes four-year update cycles for long-range transportation plans in non-attainment and maintenance areas and state and metropolitan transportation improvement programs. Transportation management areas are required to be certified no less than every four years.

Congestion Mitigation and Mobility

Congestion mitigation and air quality (CMAQ) eligibility is expanded to include projects or programs that improve transportation systems management and operations that mitigate congestion and improve air quality. The bill authorizes but does not fund a new Real-Time System Management Information Program. The program is designed to allow states to monitor and share traffic, weather and accident information in real-time to improve security, mitigate congestion and improve emergency response.

National Highway System (NHS), STP and CMAQ funds are available for planning and deployment of the program. The bill requires the secretary of transportation to establish data exchange formats within two years of the bill's enactment to facilitate data exchange between state and local governments and the traveling public.

The bill also authorizes a $1.8-billion new program for infrastructure projects of national and regional significance. This program will provide funding for projects that will have an economic benefit, improve safety, reduce congestion and facilitate international trade on a regional or national scale.

Research

SAFETEA-LU provides a 36-percent increase in overall research funding over TEA-21. The bill authorizes the Future Strategic Highway Research Program (FSHRP) at $51.3 million per year for FY06 to FY09. FSHRP program priority areas are highway renewal, safety, reliability and capacity. The Transit Cooperative Research Program is authorized at $9 million per year, a slight increase over TEA- 21. The bill establishes the Surface Transportation Environment and Planning Cooperative Research Program to study relationships between transportation and the environment and is funded at $16.9 million per year. A new Safety Innovation Deployment Program is Rinded at $12.8 million per year.

Training and Educ\ation

SAFETEA-LU authorizes funding for continued, revamped and new training and education programs. Dwight D. Eisenhower Transportation Fellowships are funded at $2.2 million per year for FY05 to FY09. The revamped Garrett A. Morgan Technology and Transportation Education program is funded at $1.25 million for FY06 to FY09. The new Transportation Education Development Pilot program is authorized at $1.875 million per year (FY06 to FY09) to support public-private partnerships in the development and testing of new transportation training and education programs. A new Transportation Scholarship Opportunities Program is authorized for the establishment of scholarship and mentoring programs. Another provision allows states to use funds from NHS, STP, CMAQ, Interstate Maintenance and bridge funds for training and education activities at a 100-percent federal share.

Other

Intelligent Transportation Systems (ITS): SAFETEA-LU authorizes $110 million annually for ITS research and development and $122 million in FY05 only for ITS deployment. The bill directs the secretary of transportation to develop a five-year National Intelligent Transportation System program plan.

Future of Surface Transportation System Study: The bill directs the secretary of transportation to conduct a study of current conditions and future needs of the surface transportation system and develop a plan to ensure that the system meets those needs.

SAFETEA-LU AND ITE

In 2002, ITE published a policy paper entitled "Providing a Safe, Reliable and secure Transportation System: 2004 and Beyond-ITEs Policy Recommendations for the Reauthorization of the Federal Surface Transportation Program."The document was developed out of nearly two years of effort, with critical input and guidance from ITE technical councils, die Policy and Legislative Committee, the International Board of Direction and the general membership. It was our platform for sharing die ITE perspective with the administration, Congress and sister associations. The chart on the next page illustrates ITEs recommendations and how we fared in our efforts. More information on SAFETEA-LU can be found on the ITE Government Afiws Web page at www.ite.org.

* Note: Information was gleaned from HR 3-House Action Report and the Federal Highway Administrations SAFETEA-LU factsheets.

Copyright Institute of Transportation Engineers Oct 2005

Source: Institute of Transportation Engineers. ITE Journal

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