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Governor Rendell, Mayor Bloomberg Headline Transportation at NCSL Summit
Pennsylvania Governor Ed Rendell and New York City Mayor Michael Bloomberg, two of the three co-chairs of the Building America's Future Coalition, appeared in New Orleans at both a Committee-sponsored Issue Forum and a General Session to discuss the urgent need for some $1.6 trillion over a five year period to reverse the deterioration of America's roads, bridges and highways. During the General Session, they announced the coalition's new statement of principles: vision, funding, merit and accountability, streamlining and innovation, and urgency.
“In the past 20 years, state and local governments across the country have been picking up more of the tab to build, maintain and expand the facilities and infrastructure on which people rely,” Rendell told
participants. “If America is to continue competing in the global economic marketplace, we need an efficient and sound infrastructure; we need the commitment of greater federal resources to help counties and states meet these pressing needs.”
NCSL Transportation Committee Debates Policies, Launches P3s Partnership in New Orleans
A number of new policies were debated and approved during NCSL's newly-christened “Legislative Summit” in New Orleans, Louisiana, July 22-26, 2008. Policies on "Surface Transportation Federalism" and "Rail Regulation", both significantly rewritten, were passed along with renewals of “Aviation” and “Transportation Security.” An amended Real ID proposal failed to garner enough votes for passage. Text for the approved policies can be found on NCSL's website at http://www.ncsl.org/statefed/transportation.htm and a press release covering the passage of the Surface Transportation policy can be found at http://www.ncsl.org/programs/press/2008/pr070825TransportationPolicy.htm.
During the Summit, the Transportation Committee also joined with NCSL's Foundation for State Legislatures to launch a Partners Project examining the utility of public-private partnerships (P3s) for transportation infrastructure. A webpage dedicated to the Project, which includes the concept paper, is located at http://www.ncsl.org/standcomm/sctran/P3Project.htm.
Cash Infusion for Highway Trust Fund Approved as White House Threatens Veto
The House July 23 passed a bill (H.R. 6532) to provide stopgap funding for the Highway Trust Fund, which faces major shortfalls in fiscal year 2009. The measure would transfer $8.017 billion from the general treasury into the HTF, the same amount that was withdrawn from the trust fund in 1998, when President Clinton was aggressively trying to pay down the national debt and the HTF enjoyed a larger balance. House members approved H.R. 6532 under suspension of the rules on a 387-37 vote.
The bill would keep the HTF solvent through the end of fiscal 2009, when the current transportation authorization expires. Transportation Chairman James Oberstar (D-Minn.) said the long-term shortfall will be addressed in the upcoming transportation policy rewrite. The American Association of State Highway and Transportation Officials (AASHTO) has said that a shortfall of about $3 billion could result in a $14 billion cut in transportation funding because of the timing of disbursements from the HTF.
On the other side of the Capitol, the Senate tried to approve the $8 billion transfer as part of a short-term Federal Aviation Administration reauthorization, but Sen. Jim DeMint (R-S.C.) objected. The administration joined him in objection to the bill, issuing a July 23 statement of administration policy (SAP) threatening a veto. "It is a longstanding principle that highway construction and maintenance should be funded by those who use the highway system. Instead, this bill is both a gimmick and a dangerous precedent that shifts costs from users to taxpayers at large," the SAP said. (Source: Bureau of National Affairs, Inc.)
NCSL previously called on Congress in a letter to House leadership to address the impending funding shortfall of the Highway Account of the HTF as soon as possible. A copy of the letter can be found at http://www.ncsl.org/standcomm/sctran/HTFltr072208.htm.
AASHTO Reports $140 Billion Needed to Fix All U.S. Bridges, House Passes
Repairing or replacing all of the country's deficient or outdated bridges would cost about $140 billion if undertaken immediately, according to an AASHTO report slated for release July 28. The report, Bridging the Gap: Restoring and Rebuilding the Nation's Bridges, estimates the cost of fixing more than 150,000 bridges in need of repair or improvement, including many bridges outliving their design life. "This generation of baby boomer bridges is in need of significant repair or replacement. New technology can help us build bridges that are stronger and longer-lasting," Pete K. Rahn, AASHTO's president said in a release. Possible solutions listed in the report include research and innovation improvements, systematic maintenance, public awareness, and higher investment levels through multiple sources, including tolls, taxes, user fees, bonds, and private capital. A full copy of the report is available at http://www.transportation1.org/BridgeReport/front-page.html.
The House July 24 passed a bill to improve and standardize bridge inspections as well as authorize an additional $1 billion for bridge projects on the National Highway System. A Senate companion measure has not been introduced, however, and the White House has objected to certain provisions, including the $1 billion authorization. (Source: Bureau of National Affairs, Inc.)
Audit Finds Caltrans Making Progress In Pilot Assumption of NEPA Authority
The California Department of Transportation (Caltrans) is making progress as the first pilot state to assume broad-scale federal environmental review authority for highway projects, according to an audit by the Federal Highway Administration to be issued for comment in the June 2 Federal Register. Established under Section 6005 of SAFETEA-LU, the pilot program allowed up to five states to assume federal authority for environmental reviews for highway projects. California is the first and only state to have assumed the authority of FHWA for highway project reviews conducted under the National Environmental Policy Act and other environmental laws. Ohio and Texas dropped out of the program. (Source: Bureau of National Affairs, Inc.)
Preservationists Oppose Effort to Apply Interstate Highway Exemption to Railroads
Historic preservation advocates urged a House panel June 5 not to enact legislation that would exempt the nation's rail lines from historic designation, despite complaints that such designations are hampering efforts to address vital safety upgrades for railroads in two states.
Testifying at a hearing before the House Transportation and Infrastructure Subcommittee on Railroads, Pipelines, and Hazardous Materials, preservation interests strongly opposed a legislative exemption, arguing it is not necessary and would place the nation's historic railway resources at risk. The panel also heard testimony from rail operators in Alaska and North Carolina who complained their projects are being needlessly delayed by preservation officials.
Under the proposed language, railroads would be subject to the same exemption that was enacted for the Interstate Highway System, in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The language was crafted by the panel's ranking member, Rep. Bill Shuster (R-Pa.), and was offered and withdrawn during committee markup of the Amtrak reauthorization bill (H.R. 6003). (Source: Bureau of National Affairs, Inc.)
Early-Warning Data From Auto, Tire Makers Subject to FOIA Mandates, Court Rules
A provision of the Transportation Recall, Accountability, and Documentation Act (TREAD Act) does not meet the threshold criteria for a freedom of information act (FOIA) exemption statute because it does not "specifically exempt" early-warning defect data from disclosure, U.S. Court of Appeals for the District of Columbia Circuit ruled July 22 (Public Citizen Inc. v. Rubber Manufacturers Assoc. D.C. Cir., No. 06-5304, 7/22/08).
Rather, "the plain language of the TREAD Act means what it says," the court said. The decision against the Rubber Manufacturers Association (RMA) affirmed the judgment of the district court. The ruling means that the early-warning data that vehicle and tire manufacturers submit to the National Highway Traffic Safety Administration about crashes that result in deaths, injuries, and property damage can be released to the public under FOIA, Public Citizen attorney Scott Nelson said in a statement. Public Citizen called the ruling a victory for consumers.
The RMA called the decision "unfortunate" and said in a statement that the ruling "may lead to the release of inaccurate, unsubstantiated information about tires and automotive equipment." RMA said that much of the information filed under the early-warning reporting (EWR) requirements of the TREAD Act consist of "raw and often unverified allegations," making it likely that some consumer complaints would turn out to be mistaken. (Source: Bureau of National Affairs, Inc.)
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