2007 - 2008 Policies: Transportation Committee

2007- 2008 Policies for the Jurisdiction of the:
Transportation Committee

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Transportation
Standing Committee Policies
Staff Contacts

Policies:

Aviation	Cable Median Barrier Research	Hazardous Materials Transportation
Implementation of the Real ID	Intelligent Transportation Systems	Motor Carrier Regulation
NCSL Urges Congress To Fix and Fund The Real ID	Rail Regulation	Surface Transportation
Transportation Safety	Waterways and Ports

Aviation

Aviation is a key component of a balanced transportation system and is vitally linked to regional growth and economic development efforts. The development and preservation of a balanced system of airports, which is responsive to the needs of all sectors of the nation, is the mutual responsibility of federal, state and local governments.

Finance

The following recommendations regarding aviation financing are to be viewed as a comprehensive package and not as individual parts to be implemented piecemeal.

The Airport and Airway Trust Fund, financed by existing dedicated user taxes and charges, should be retained and utilized as the primary method of funding federal-aid aviation projects. As a means of ensuring full expenditure, the National Conference of State Legislatures (NCSL) supports the removal of the Trust Fund from the federal unified budget. NCSL supports a mechanism to guarantee that all revenue dedicated to the Trust Fund is spent each year for its intended purpose. Aviation programs financed by Trust Fund revenue should be classified as "mandatory" spending and operate as a "pay-as-you-go" program.

Recognizing the safety, security, economic, and other broad public benefits of the services provided by the Federal Aviation Administration, NCSL supports a continuation of a General Fund contribution, due to military and federal usage of airport facilities and services.

Federal aviation taxes are acceptably structured to equitably distribute the financial burden on all users. All aviation user fees should be directed to the Airport and Airway Trust Fund and should accrue to the benefit of aviation users. Any federal aviation fees collected from airline ticket taxes that are diverted to non-aviation purposes should be rededicated or repealed. NCSL supports federal grant assurance provisions barring diversion of airport revenue to non-airport purposes.

The Airport Improvement Program (AIP) is the linchpin of airport financial planning and must be funded adequately on a reliable basis in order to meet the substantial capital needs of the nation's airports and airways. NCSL applauds the funding increases that AIP has received in recent years and believes that the AIP must continue to be fully funded at authorized levels annually on a multi-year basis to help support needed safety, security, capacity and noise projects. A multi-year authorization provides a stable and predictable federal funding source for airport capital development and eliminates the previous uncertainty and start-and-stop nature of airport development and construction. Maximum flexibility in the prioritization and administration of funds should be provided to the states. Statutory or regulatory barriers to state and locally-granted revenues should be removed.

State Apportionment funds should be increased to fund essential planning activities. Funding should be available to states from the Trust Fund for aviation-related transportation planning activities

NCSL supports efforts to further reduce aircraft noise and a continued set-aside of AIP funds for noise abatement projects. NCSL opposes federal efforts to limit state and local fee structures. NCSL supports the continuation of Passenger Facility Charges (PFCs) as a supplementary revenue source to finance airport needs. Proceeds generated from PFCs should be permitted for financing projects, which preserve or enhance safety, security, capacity, and noise mitigation. Federal tax laws should continue to exempt airport municipal bonds from federal taxation.

NCSL supports the use of innovative financing methods, such as state infrastructure banks and revolving loans, whenever possible to allow states to meet the funding needs of smaller airports. The creation of such programs to address state needs outside the existing program framework should be treated as a viable option for supplementing current funding levels.

State Block Grant Program

As this program has been shown to eliminate waste and duplication, increase efficiency, and cut federal costs, the state block grant program should be extended and expanded so that all states are eligible to participate. NCSL believes that the program should be structured to allow states the maximum flexibility in the administration of grants.

Development

NCSL supports a coordinated national plan of development as long as state plans for investment are included. As part of the development of the National Airspace System Architecture, the FAA should make every effort to consider state input. The economies of many parts of the country are dependent on the modernization of the nation's aviation system. Federal policies should support state efforts to address capacity problems through expansion. NCSL supports the increased use of former and current military airports to provide immediate capacity relief for the aviation system.

Regulation

NCSL supports efforts to increase airport capacity and competition within the airline industry. However, NCSL remains concerned over the preservation of state authority over certain airline actions and practices. An examination should be made of other provisions of law that pertain to the ability of the state to regulate or enforce safety standards and practice.

NCSL continues to support air travel equity for all travelers regardless of any physical handicap. The regulation of this matter is necessary to ensure nondiscriminatory treatment of qualified disabled individuals consistent with safe transportation of all passengers on air carriers.

Federal-Aid Program

The Essential Air Service (EAS) program was reauthorized to continue assistance in the transition to a deregulated environment by providing incentives for carriers to provide air service to small and medium-sized communities. NCSL believes this commitment should be honored and adequate funds should be appropriated to meet the authorized EAS subsidies. Where EAS is terminated, proper notification to the affected community should be required.

Federal support for research and development of facilities and equipment should be increased to meet the demands of the next century's air travelers. Reforms in the FAA technology procurement process should be considered.

Although NCSL opposes any and all federal mandates and preemption, federal funding should be made available to offset the costs of current federal mandates imposed on airports relative to security and the environment.

August 2008

Cable Median Barrier Research

WHEREAS, traffic safety on our nation’s highways is of paramount concern to all state legislators in the United States;

WHEREAS, the National Conference of State Legislatures (NCSL) has adopted the Transportation Safety policy statement, which asserts that:

NCSL supports a continued federal role in setting national performance and safety goals;
Safety programs should be expanded to incorporate emerging safety issues;
The federal government should identify and develop advisory approaches to overall highway safety;
NCSL supports the full utilization of existing technology, including effective traffic control devices and traffic control systems, in order to promote transportation safety; and
When traffic exceeds design standards, additional safety measures or capacity enhancement should be encouraged;

WHEREAS, the Federal Highway Administration (FHWA) in its technical literature is now encouraging states to consider using cable median barrier protection;

WHEREAS, at least 25 States around the country use modern cable median barriers to protect vehicle occupants in traffic accidents, including median crossover accidents, where vehicles run off the road;

WHEREAS, close to 3,000 miles of cable median barriers have been installed throughout the United State, including in the following leading States: North Carolina (600 miles), Texas (500 miles), South Carolina (470 miles), Missouri (250 miles), Florida (187 miles), and Washington (165 miles);

WHEREAS, many other states are just now starting cable median barrier programs;

WHEREAS, the in-service performance of cable median barriers has been frequently studied, reports indicate, including in a recently completed study from Washington State, that additional research is needed regarding the general effectiveness of cable median barriers;

WHEREAS, it is in the federal government’s interest to provide resources to the States that help to assure the nation’s public highways are as safe as practicable;

NOW, THEREFORE BE IT RESOLVED THAT, the National Conference of State Legislatures (NCSL) calls upon the President and the U.S. Congress to provide specific funding in the fiscal year 2008 appropriations for continued research into the effectiveness of cable median barriers that corresponds with existing and pending research projects of the National Cooperative Highway Research Program;

BE IT FURTHER RESOLVED THAT, this research should include examination of:

Proper placement of cable median barriers,
Higher bumper heights of pickups and sport utility vehicles (SUVs), and
Traffic conditions that promote median cross-overs; and

BE IT FURTHER RESOLVED THAT, a copy of this resolution be sent to the President of the United States, the U.S. Secretary of Transportation, and to all the members of Congress.

August 2008

Hazardous Materials Transportation

While transportation accidents involving hazardous material are a small proportion of overall traffic accidents, the potential consequences of a hazardous material release can be severe. Responsibility for hazardous materials transportation safety is shared between the federal government, and state and local governments. The federal Department of Transportation (U.S. DOT) has the lead role in ensuring hazardous materials transportation safety through authority of the Transportation of Hazardous Material law (USC 49 §5101 to 5127). Generally, this law and the corresponding regulations set uniform national safety standards that apply to shipments of hazardous material by highway, rail, air and water. A hazardous material is any material designated by the Secretary of Transportation that, in a particular amount and form, may pose an unreasonable risk to health and safety or property. Hazardous materials includes gasoline, poison gas, explosives, radioactive materials, compressed gas and hundreds of other substances.

Federal law embodies the notion of a state-federal partnership in hazardous material transportation safety, thereby giving states a significant regulatory role. State constitutional prerogatives to exercise police powers in the protection of the health and safety of citizens and the existence of local conditions not addressed by national uniform requirements are recognized. In passing laws, state legislatures seek to prevent accidents, to minimize their adverse consequences and to ensure an adequate emergency response. In general, states are free to enact laws and regulations that mirror federal requirements or that address areas untouched by federal law. States have enacted some 450 laws that address hazardous material transportation safety, including registration and permit programs, fees, routing requirements, notification, financial liability, emergency response planning and training, inspection, enforcement and various shipment restrictions. U. S. DOT has the administrative authority to preempt state, tribal and local regulations that impede or present an obstacle to a regulated person’s compliance with federal law.

State-Federal Regulatory Authority

The National Conference of State Legislatures believes that efficient regulation of hazardous materials transportation should be accomplished through a clear delineation of regulatory authority and responsibility at each level or branch of government. The appropriate federal role should be to coordinate the national regulation of hazardous materials transportation, provide technical guidance, and ensure adequate financial support for all federal requirements to be administered or implemented by the states. In any area where the federal government preempts state authority, the federal government has a responsibility for fully funding related activities. The federal government should have authority to mediate disputes among states while states retain authority to mediate disputes among their political subdivisions.

Uniform Federal Standards

Uniform standards for technical requirements, routing and notification should be developed by the federal government, in consultation with states. Federal law should not preclude state regulations that exceed the Federal requirements and provide for an equal or greater degree of safety. In the absence of federal regulation in any aspect of a uniform subject, states must retain authority to regulate. States may adopt federal regulations or state requirements that are substantively the same as federal requirements. States should be allowed, through a waiver process, to establish standards that do not conform to the federal regulations.

Determination of Preemption

NCSL finds the preemption determination process to be an improvement over the preexisting "inconsistency ruling" process. The utilization of the "substantively the same as" standard in assessing state conformance with federal requirements should ensure that the effect of a state requirement does not vary in effect with the federal standard. At no point during the administrative preemption determination proceedings should a state's option to seek judicial relief be denied.

Financial Support

Financial support to states to develop and maintain adequate training for enforcement and emergency response officials should reflect authorized levels.

NCSL is concerned that the funding mechanism for federal grants to state training and emergency response activities be continued. These concerns include the lack of congressional appropriations, high administrative costs, and lack of collection enforcement. As a consequence, states should have the ability to levy and retain fines for transporters without federal registration credentials.

NCSL further supports states retaining a percentage of the proceeds resulting from successful state enforcement of the federal registration program.

Federal Registration and Permitting

Federal registration and permit programs should be reviewed for consolidation and administration by better established state programs. NCSL finds that the parallel federal programs, which questionably enhance the overall safety of hazardous materials transportation, are an unnecessary duplication of ongoing state programs and an ever-present threat to the autonomy of state-administered programs.

NCSL supports the recommendations of the Alliance for Uniform Hazmat Transportation Procedures to facilitate uniformity in state permitting and registration requirements. These recommendations reflect extensive review and consideration of state and local programs, as well as industry and environmental concerns. The consensus recommendations accommodate, to the extent possible, specific public and private sector concerns. NCSL supports the work done and the program itself. NCSL urges the U.S. DOT to provide adequate incentives to states to participate in the program, but a state should not be forced into participation by either the U.S. DOT or Congress.

The ability of states to incorporate administration of federal permit and registration requirements should also be examined for possible consolidation of dual government programs. Under current law, both state and federal programs are duly authorized.

State Fiscal and Regulatory Authority

State authority includes oversight of political subdivisions' compliance with federal standards, and the mediation of disputes between and among political subdivisions. States should join with the federal government to develop and implement requirements that add to public safety. States should be considered as full partners with the federal government in inspection activities. At the same time, if the state acts as an administrative arm of the federal government, the costs of implementation should be defrayed by the federal government. States have a primary interest in the designation of highway routes for hazardous materials transportation and should be consulted in the establishment of any highway routing standards. Finally, states' fiscal autonomy in the regulation of fees and penalties and the expenditures of such fees and penalties should not be restricted in any manner.

Coordination

NCSL supports increased federal programmatic coordination of regulatory, training and data collection activities.

August 2010

Intelligent Transportation Systems

The National Conference of State Legislatures (NCSL) recognizes that a vast domestic market and a new technology industry are moving American surface transportation into the information age to better serve customers.

Intelligent Transportation Systems (ITS) are being developed to enhance travel demand management, public transportation operations, electronic payment, freight management, commercial vehicle operations, emergency management, and advanced vehicle control and safety. Deployment of viable ITS can increase safety for transportation users, improve mobility, reduce congestion, facilitate interstate commerce, generate jobs, provide environmental protection, conserve energy, and facilitate intermodalism.

NCSL endorses the U.S. Department of Transportation goal of deploying basic ITS for consumers of passenger and freight transportation across the nation by 2005. These services should be integrated, interoperable, intermodal and voluntary. NCSL recognizes that the private sector and the federal government should lead in the development and bringing to market of reliable and affordable ITS.

August 2008

Implementation of the REAL ID

On May 11, 2005, the REAL ID Act was enacted as part of supplemental spending bill (P.L. 109-13). Under the REAL ID Act, a state must implement new federal standards for the issuance of drivers licenses (DL) and identification cards (ID) by May 11, 2008 or the federal government will not recognize the state’s DL/ID for federal purposes. The United States Department of Homeland Security is currently developing regulations to implement the Act. Congress is failing to provide adequate funds to implement the Act.

NCSL urges the federal government to:

Maintain a definition of official purpose consistent with the underlying legislative intent. Establish an official process, which includes state legislatures, to consider future application.
Provide states sufficient time for conversion of DLs/IDs issued after the underlying federal infrastructure is in place.
Allow for states to self-certify as to their compliance with the requirements of the Act. DHS should involve states in the development of this process.
Establish standards and do not set specific substrates for card security features.
Allow for the display of an alternative address on the face of the license.
Exempt documents related to verification of proof of principal residence from electronic verification, scanning and retention requirements.
Make necessary improvements to the Systematic Alien Verification for Entitlements (SAVE) program and other federal systems necessary for the Act’s implementation. These changes should be federally funded.
Establish a state working group to ensure the appropriate functionality of the SAVE system for the purposes of the Act and to ensure that SAVE is to be used by any jurisdiction only for the purpose for which it is intended.
Recognize that states issue other temporary licenses. Continue to allow states to use the same method of identifying those drivers.
Require states to electronically verify identity documents only if the systems for verification are operational, reliable and federally funded.
Provide states sufficient time to change record retention laws.
Allow states to convert to front-end image capture as system contracts come up for renewal or upgrade.
Allow for REAL-ID compliant DLs/IDs to be renewed through the mail or Internet, or other methods that states currently have available.
Allow states to identify those staff that require security clearances as part of the self certification process, to include disqualifying factors. Allow new hires to be granted a provisional status.
Access to state information, as it relates to an all-driver’s system should be as a query and response and not wholesale penetration. Access must adhere to the Driver Privacy Protection Act (DPPA) as well as additional state requirements which may exist, and be limited to state issuance and law enforcement management.
Provide federal funds for implementation and recognize the need for an annual appropriation to maintain the system. Federal appropriations must recognize and cover the costs of new requirements on states in support of federal security initiatives required by the Act.
Repeal the REAL ID Act if Congress does not provide for full funding or the federal government does not provide for the points listed in this policy on or before December 31, 2007.

This policy replaces and supersedes the NCSL standing committee policy “Identity Security, Driver’s Licenses and State Identification Cards.”

August 2009

Motor Carrier Regulation

The states and the federal government are equal partners in the safe and secure transportation of commercial goods around the country. Motor carriers are entities—businesses and individuals—that own and operate commercial vehicles. The federal government defines commercial vehicles as those that weigh over 10,000 pounds, carry hazardous materials that require placards, or are passenger vehicles that carry 16 or more people. States may have different definitions for intrastate commercial activity.

The federal government is primarily responsible for interstate transportation and commerce, including safety and security, while states play a critical role in administering interstate motor carrier regulations and regulating intrastate commerce. The Commercial Motor Vehicle Safety Act (CMVSA) of 1986 was the first national effort to remove unsafe and unqualified drivers from the nation's highways. CMVSA set minimum commercial drivers license standards. The Motor Carrier Safety Improvement Act (MCSIA) of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) within the Department of Transportation with the primary mission to reduce crashes, injuries and fatalities involving large trucks and buses. FMCSA develops and enforces federal motor carrier regulations, ensures compliance with the commercial drivers licensing standards, maintains motor carrier safety information systems, and promotes safety education and research.

The National Conference of State Legislatures (NCSL) believes that the most effective way to achieve safer highways for all drivers is to involve states in the decision-making process, to treat states as equal partners with the federal government, and to avoid unnecessary and burdensome mandates and requirements.

NCSL acknowledges that the federal government is concerned with the safety of motor carrier vehicles. It is also aware of the diversity of state requirements regulating the operation of motor carriers within the states. NCSL supports the choices state legislatures make to promote responsible government oversight, provide for public safety, and enhance opportunities for businesses operating throughout each state. NCSL supports efforts at incentive-based regulation of motor carriers, and opposes laws that sanction states or withhold federal highway funds. Federal statutes expressly preserve state authority to regulate intrastate motor carrier operations. Continued state regulation of intrastate operations is necessary so that service is assured, rates are equitable and public safety is protected.

NCSL encourages the continued incorporation of computerized record-keeping for motor carriers. However, any revisions to the paperwork requirements should neither usurp state taxing authority nor undermine the long-standing exercise of state constitutional police power to promote and preserve public safety. Each state has designed its tax structure and registration requirements to reflect its urban or rural character, highway configuration, traffic flow patterns, and overall revenue structure. Federal law should not circumvent these requirements adopted by the states to address unique public safety considerations.

In order for states to address their concerns and balance their need to preserve taxing authority with the rapidly changing business environment, NCSL endorses cooperative state efforts, such as the International Fuel Tax Agreement and the International Registration Plan. NCSL also supports the voluntary collaboration by state and industry officials on ways to reduce unnecessary burdens on the motor carrier industry as preferable to any federally mandated standards of uniformity.

Regulation

States must retain the unburdened authority to regulate intrastate commerce, even in the absence of federal regulation of analogous interstate commerce. Federal efforts to expand uniform national standards for regulation to intrastate commerce constitutes an unwarranted intrusion on state police powers. State regulatory authority over intrastate commerce should be based on the existence of intrastate activity and not the existence of any interstate activity. The intrastate motor carrier operations of interstate carriers or national intermodal carriers, such as express package services, are properly within the regulatory purview of the states.

NCSL believes that the formulation of any proposed uniform regulations should be based on recommendations from state officials. Any proposal promoting uniform regulations must provide state legislatures with sufficient time to fully assess any proposed changes in state law. NCSL also supports state involvement in any changes to the federal regulatory scheme for interstate motor carrier registration, proof of insurance filing, and collection and payment of fees.

NCSL opposes preemption of state regulation of intrastate motor carrier operations based on an affiliation with, or integration of other modes of carriage. A joint state-federal effort, with industry guidance, should be undertaken to develop recommendations for harmonizing and rationalizing state regulatory requirements, and should include methods to promote incentive-based regulation rather than imposing federal sanctions.

Routing

States should be allowed the widest possible discretion in defining "reasonable access" for larger vehicles. Only state and local governments understand the local conditions that are important for assuring safety on roads and streets connecting to Interstate and National Highway system truck routes. Under its authority to designate routes capable of accommodating motor carrier configuration, states must be afforded the opportunity to consider design and operating characteristics of commercial vehicles. Federal guidance on motor carrier design is appropriate in this regard.

Without sacrificing safety, states must provide for the movement of freight to and from local businesses with a minimum of impediment. States should be allowed to issue permits on a case by case basis for certain oversize and overweight carriers under appropriate conditions set and monitored by state agencies. NCSL opposes federal requirements to increase state size and weight enforcement and, instead, supports incentive-based regulation to allow for the rational use of state enforcement resources.

Licensing

States are in compliance with MCSIA relative to commercial drivers licenses and should be granted continued latitude in conforming existing state licensing, testing and penalty provisions to those stipulated under federal law, as well as the opportunity to grant waivers of certain requirements where warranted. NCSL recognizes that security measures may be undertaken by the federal government with regard to individuals charged with the transport of commercial merchandise and hazardous materials. NCSL is opposed to unfunded federal mandates regarding transportation security that would create excessive burdens for the individuals seeking commercial drivers licenses and on the state governments in security checks.

Taxation

NCSL opposes any federal restrictions on the right of the states to establish the rate of state highway use taxes based upon registration, fuel purchase and use, and weight and distance considerations. NCSL rejects the premise that the incidental impact of a regulatory tax imposed by a state necessarily poses a burden to interstate commerce. Where state tax methods have been ruled unconstitutional, NCSL supports prospective calculations of court-ordered restitution. NCSL supports state administrative reforms and joint state-federal efforts to curb the evasion of highway taxes.

The heavy vehicle use tax (HVUT) is an annual federal highway use tax paid to the federal Internal Revenue Service (IRS) on vehicles operating on public highways at a gross weight of 55,000 pounds or greater. Carriers must demonstrate payment of the HVUT to state departments of motor vehicles during the registration renewal process, but the IRS does not presently offer an electronic verification process creating paper-laden administrative burdens for state agencies and costly processing delays for motor carriers. NCSL encourages the IRS to cooperate closely with the states as it automates this process to maximize carrier usage of and compliance with the IRS’ system while minimizing duplication and state costs to link into the system. Closer state-federal cooperation on this issue will improve efficiencies and economize state administrative costs.

August 2010

NCSL Urges Congress To Fix and Fund The Real ID

Whereas, many states have been taking the necessary steps to modernize and improve the security of state-issued driver’s licenses (DLs) and identification cards (IDs) since before September 11, 2001; and

WHEREAS, the 9/11 Commission recognized the importance of state issued driver’s license and identification card security; and

WHEREAS, the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) authorized the U.S. Secretary of Transportation to convene a group of elected state, local and federal officials, driver’s license experts, and other interested parties to negotiate minimum standards for driver’s licenses and identification cards;

WHEREAS, the negotiated rulemaking process established under the Intelligence Reform and Terrorism Prevention Act of 2004 provided states with the flexibility to provide safety and security to our citizens in an efficient and cost effective manner; and

WHEREAS, on May 11, 2005, the REAL ID Act (act) was enacted as part of a supplemental spending bill (P.L. 109-13); and

WHEREAS, the act repealed the negotiated rulemaking process established under the Intelligence Reform and Terrorism Prevention Act of 2004; and

WHEREAS, under the act, a state must implement new federal standards for the issuance of drivers licenses and identification cards by May 11, 2008 or the federal government will not recognize the state’s DL/ID for federal purposes; and

WHEREAS, under the act, states must have access to five national identity document verification systems, of which only one is operational; and

WHEREAS, a comprehensive analysis of the act conducted by the National Conference of State Legislatures (NCSL), National Governors Association and the American Association of Motor Vehicle Administrators determined the act would cost states more than $11 billion over its first five years of implementation, which includes a one-time, up front cost of $1 billion; and

WHEREAS, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) to implement the Real ID (6 CFR Part 37) on March 9, 2007; and

WHEREAS, the NPRM does not adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis—issued by NCSL, the National Governors Association and the American Association of Motor Vehicle Administrators; and

WHEREAS, DHS estimated in the NPRM the cost of implementation of the Real ID at $23.1 billion over 10 years, of which $10 billion to $14 billion are costs to states; and

WHEREAS, DHS was expected to publish final regulations to implement the Real ID in August or September of 2007; and

WHEREAS, the May 11, 2008 deadline for the implementation of the act is rapidly approaching; and

WHEREAS, Congress and the Administration have failed to address the fatal shortcomings of the Real ID, including in the area of securing personal identification and biological data; and

WHEREAS, Congress and the Administration have failed to provide adequate funds to implement the act; and

WHEREAS, several members of Congress want to expand the use of the Real ID;

THEREFORE, BE IT RESOLVED, NCSL urges Congress to adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis—issued by NCSL, the National Governors Association and the American Association of Motor Vehicle Administrators;

BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to fully fund the federal government’s obligations under the act to develop various document verifications systems for states;

BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to provide at least $1 billion in federal FY 2008 for up front costs to states to implement the Real ID;

BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to fully fund state implementation of the Real ID through a grant program, which provides each state with a minimum grant award;

BE IT FURTHER RESOLVED, that if, by December 31, 2007, Congress does not provide at least $1 billion in federal FY 2008 for up front costs to states to implement the Real ID, including in the area of securing personal identification and biological data, and adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis— then NCSL calls on Congress to repeal the Real ID Act and reinstitute the negotiated rulemaking process created under the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) and fully fund the requirements of the final rule promulgated under the negotiated rulemaking process; and

BE IT FURTHER RESOLVED, that NCSL urges Congress and the Administration to affirm their commitment of working with state legislatures to improve driver’s license security standards; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the President of the United States and to all the members of Congress.

August 2008

Rail Regulation

The National Conference of State Legislatures recognizes viable passenger and freight railroad systems are essential to achieving a balanced intermodal transportation system and ensuring personal mobility, the free flow of commerce and national security. Rail must have the same financial security provided the other modes of transportation, such as highways, transit, aviation and waterways. NCSL strongly supports a dedicated source of federal funding for rail service.

The federal government has the responsibility to take the lead in ensuring a cost-effective, fuel efficient, secure and economically sound rail transportation system. A viable rail system offers the opportunity to alleviate traffic congestion; provide alternatives in land use planning; provide a transportation alternative to highway and air travel, especially during periods of national crisis; and address environmental concerns.

The increasing mix of freight, commuter and intercity passenger rail on shared tracks and rights-of-way demands that concerns over liability and costs be rationally reviewed within the context of federal legislation. Fair and equitable standards for assessing costs, risks and priority usage are a necessary component of furthering the nation's rail network for passengers and freight. NCSL supports a strong role to be played by the federal government in facilitating the introduction of technology that may mitigate costs and risks.

The federal government also should support research and development of advanced rail technology such as high-speed rail and maglev. Federal support should include oversight of possible impediments to passenger rail services resulting from freight-rail ownership of trackage. The federal government should facilitate the resolution of problems between states and freight rail regarding scheduling and on-time performance of passenger rail that is affected by freight traffic.

NCSL encourages Congress to repeal that portion of the Surface Transportation Board Act of 1995 that exempts railroad companies from all local and state laws.

Financing

NCSL urges the federal government to provide a dedicated source of funding for rail service. Rail is an important mode of transportation for passengers and freight. Rail is vital to the national economy and homeland security and must be financed with a secure, dedicated source of federal funding.

NCSL urges the federal government to provide federal funding for research and development in advanced rail technologies, such as high-speed rail and maglev.

NCSL also urges the federal government to provide funding to assist states in public/private partnerships to improve and enhance freight rail service in states. Such options as grants, guaranteed loans, tax exempt bonds, and targeted federal investment will facilitate the deployment of this technology in the United States. Federal policy should encourage U.S. technology development and production while incorporating the technology developed by non-U.S. companies. The present state volume cap on bond financing with exemption form federal taxation imposes an artificial restraint on the use of such bonds for rail projects.

Additionally, NCSL urges the federal government to allow states flexibility to use a portion of their allocation from the Highway Trust Fund to finance rail projects and service.

Passenger Rail

Amtrak and other passenger rail providers -- The continued economic viability of Amtrak and other passenger rail providers is in the national interest. The federal government should provide a funding source for the states to implement cost-effective, efficient passenger rail as it does for other modes of transportation -- vehicle, transit, air and waterway. The long-term survival of Amtrak and other passenger rail providers is dependent on the adoption of efficiencies and reduction of operating costs. NCSL supports the continuation of contract protections and severance benefits in their current forms. Federal funding should account for existing revenue deficiencies and provide for a capital improvement program.
Intercity/Commuter -- State and local support of intercity rail systems has been critical to alleviating congestion, mitigating environmental concerns, and providing a feeder system to Amtrak. Federal support for these efforts is imperative. Commuter rail facilities using trackage owned by private freight companies have become an important part of the transportation system in urban areas. Use of track by commuter rail on an appropriate priority basis at a reasonable cost should be based on actual cost to the rail company owner.
High Speed -- The availability of direct and indirect federal financial support of high speed rail projects is imperative for these capital-intensive rail systems.
Rights-of-way -- NCSL recognizes that railroads over whose rights-of-way many high-speed rail authorities will operate have a legitimate concern over increased exposure to liability as a result of high-speed rail operations. This liability issue must be addressed by Congress in the context of high-speed rail legislation. NCSL requests that state legislators be included in ongoing cooperative agreements to explore solutions to this problem. The long-term goal in certain corridors should be track that is dedicated to high-speed service. The federal government should facilitate the steps to reach that goal over time.

Freight Rail

The states and the federal government have an interest in supporting an efficiently managed and well-maintained national freight railroad. It is a federal responsibility to ensure a competitive environment for the transport of freight. NCSL recognizes the interest of the states in preserving rail lines that are essential to local and regional commerce.

Preservation -- NCSL recognizes that a considerable investment has been made in the national freight rail system. The continued viability of the system is of economic importance to the nation's transportation infrastructure. Federal policies should allow, transfer and preserve rail lines and rights-of-way to avoid the adverse economic impact or loss of economic opportunity to states and their localities.
Regulation -- NCSL generally supports the Staggers Rail Act of 1980, which is designed to improve the regulatory climate of the freight rail industry by removing a number of regulatory restraints that adversely affect the industry's economic performance. The regulatory needs of the railroad industry should be balanced with the captive shippers who have no alternative means of transportation available. Future productivity gains are appropriately shared with railroad shippers.
State Assistance -- NCSL urges the federal government to fund the Local Rail Freight Assistance program or successor program. This support is critical to aid states in maintaining essential branchline services that otherwise would be eliminated. NCSL supports adherence to formula distribution and expansion of the program in response to growth in freight rail transportation.

NCSL also urges the federal government to adopt and fund a federal railroad infrastructure modernization program to assist short line railroads in upgrading inadequate track and bridge structures. Such a program should have as its goal the upgrading of America's short line railroad infrastructure to accommodate today's modern 286,000 pound rail cars. A rail infrastructure modernization program is critical to aid states in maintaining essential branchline services, which otherwise would be eliminated.

Taxation -- Federal laws that preempt the role of state courts by giving federal courts jurisdiction to establish the valuation of property for state and local tax purposes, or that give selected classes of state and local taxpayers procedural and substantive privileges unavailable to most taxpayers, offend principles both of federalism and equity. The Railroad Revitalization and Regulatory Reform Act (4-R) should be examined by Congress in consultation with the states to determine if it has been judicially expanded beyond the original intent of Congress.
Alternative Transport -- Methods of transporting freight that is traditionally carried by the rail industry should be considered in light of the overall economic impact. The right of federal eminent domain should be granted only when there is a compelling national need for an alternative means of freight transportation.
Fuel Taxes -- Federal taxes assessed on the railroad industry must be based on an equitable share of the federal fiscal needs.

Safety

NCSL supports a continued Federal role in setting national performance and safety goals. NCSL urges Congress to provide incentive funding to promote comprehensive rail safety programs in the states.

NCSL urges the federal government to fully fund increased security measures needed in the passenger rail system, such as security checkpoints prior to boarding, luggage inspection, and improved security of rail tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce. This effort should take into account the impact that any proposed security measure might have on providing rail service, deploying chemical and biological weapon detection equipment, dealing with the immediate and long-term economic impact of measures that may be required to address those risks, and training employees in terrorism response activities.
Trespassing -- NCSL recognizes that the vast number of injuries and fatalities associated with the railroad industry that are due to trespassing incidents. The role of the federal government in this arena is appropriately one of conducting research and facilitating public awareness of the danger and the illegality of trespassing under state law.
Grade crossings -- NCSL recognizes the inherent risks of highway-rail grade crossings where motorists disregard even active warning devices and gates. Federal funding through the Section 130 program should be continued and increased to adequately compensate states and to provide states with incentives for reaching federal standards for grade crossing warning devices. The Federal Railroad Administration (FRA) is encouraged to finance a long-term national grade crossing safety awareness campaign. Federal preemption has effectively limited the role and responsibility of states over most aspects of rail transportation. However, state law has been preserved in areas related to tort liability in accidents involving railroads; responsibility of motorists and pedestrians in yielding to rail traffic; and overall decisions on grade warning devices or closings. NCSL supports the U.S. Supreme Court decision in CSX Transportation, Inc. v. Easterwood, which held that railroads are responsible for installing and adequately maintaining warning devices at highway grade crossings, and that the use of federally approved devices does not remove that responsibility. NCSL strongly opposes efforts by the federal government to preempt traditional state authority in this area, to replace state statutes governing violations by motor vehicles and penalties for failing to yield to an oncoming train, or to establish numeric standards for crossing closings to be accomplished by states.
Incentive Grants -- NCSL urges the federal government to provide federal highway safety incentive grants to states to advance innovative pilot programs. These programs would increase enforcement of grade crossing traffic laws at both active and passive crossings.
Research -- Additional grade crossing research should be conducted in such areas as driver response to existing warning devices, improved crossing warning devices, low-cost active warning devices, off-track train detection systems, train conspicuity (reflectorization), locomotive conspicuity (lights), and audible warning technology (whistles/horns).

August 2008

Surface Transportation

The Transportation Equity Act for the 21st Century (TEA-21) of 1998 restored integrity to the Highway Trust Fund, established significant protections for the user fees that people pay, and provided states and localities with the needed resources to maintain and improve the nation's transportation systems. The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 builds on the success of TEA-21 to increase federal highway and transit investment, enhance safety programs, support growth in research, and provide states greater flexibility to address critical transportation needs. However, our aging infrastructure, changing economic and demographic patterns, and the ever-growing demand for additional road and transit choices continue to present many new and on-going challenges. Therefore, the National Conference of State Legislatures (NCSL) calls on Congress to work closely with states prior to the next reauthorization to develop a shared, long-term vision for financing and funding surface transportation systems that will enhance the nation’s prosperity and the quality of life of all Americans.

The federal government plays a vital role in supporting a national surface transportation system that meets national defense needs, addresses fairly and equally the mobility needs of all Americans and facilitates interstate commerce. NCSL supports the continuation and preservation of a federal-aid surface transportation program. The federal program should direct spending to national priorities while allowing for state and insular area flexibility in local and regional variations. It is also essential that the federal-aid surface transportation program incorporate requirements and foster goals of other national policies that impact transportation decision-making.

Recent federal reauthorizations have recognized the unique contributions of each transportation mode to the productivity of the states and the nation, and to the ability of this nation to compete globally in the emerging and existing international economies. These laws contemplate an integrated transportation system for the movement of both goods and people, with increased emphasis on adopting technologies that improve productivity. NCSL urges Congress to increase funding for federal-aid surface transportation programs and provide states enhanced programming flexibility and increased responsibility for meeting a multitude of national goals. The ability of states to maintain flexibility in decision making and comply with environmental and other mandates is dependent upon adequate and reliable funding.

Finance and Investment

A federal trust fund, financed by user fees, should be retained as the primary method of financing federal-aid surface transportation programs, which must provide states a sustained, reliable source of transportation funding. It is critical that the Highway Trust Fund (HTF) retain spending firewalls that ensure that user fees will be deposited in the HTF to be used on surface transportation and will not be subject to non-transportation federal discretionary spending. NCSL supports the current percentage distribution of user fees within the HTF with added investment for mass transit from the General Fund.. NCSL believes the current proportion of fuel tax receipts directed to the Mass Transit Account should be incorporated in any tax increase. Additional surface transportation financing and investment priorities include the following.

The "user-fee" nature of the federal-aid highway program must be safeguarded from any attempts to divert these fees to non-transportation spending. The interest paid on the gas tax revenues should be retained by the HTF. User fees previously collected and diverted from the HTF must be reclaimed.

Transit agencies, including commuter rail operations, should be exempt from federal fuel or energy taxes.

The unobligated revenues should not be allowed to accumulate in the HTF. All highway user fees should be expended fully before any increase in user fees is considered. Moreover, federal highway spending should not be artificially reduced so that HTF revenues will accumulate unspent, thereby helping to lower the federal deficit. The artificial ceiling on obligations should be lifted and states should be allowed to spend available funds.

Annual appropriations should equal authorized spending levels. Obligation ceilings should be set to reflect gross receipts, plus interest earned.

Any federal user fee or container fee assessed for transportation security or infrastructure should provide for state flexibility in project selection and may include private sector input when programming projects funded by a security or infrastructure user fee or container fee.

User fees designated for deposit in the HTF should be made available for flexible transportation usage by states. States should have flexibility in the use of funds for intercity passenger rail service, including Amtrak. The federal match should encourage state efforts in specific programs of national significance, but not discourage flexibility in state or insular area transference of categorical funds.

Extensive categorization of programs reduces the flexibility of states and insular areas in addressing transportation needs and arbitrarily encourages expenditures according to the availability of federal funding. Categories should be reduced and state and insular areas flexibility increased. Existing barriers to transferability of funding should be eliminated.

Federal guidelines should be designed to accommodate private sector support. The level of private sector participation is best determined by state and local authorities, and private participation should not be a prerequisite for receiving federal funds. Statutory or regulatory barriers to state and locally-granted revenues should be removed.

Any examination undertaken on the advisability and feasibility of establishing a federal capital budgeting program should preserve the ability of states to set surface transportation infrastructure priorities.

Federal formulas designed to distribute discretionary highway funds should consider all state, insular area, and local efforts to fund highways and not be limited to fuel taxes raised.

Innovative Financing

NCSL calls on Congress to retain and expand innovative financing tools that are available to states to fund transportation projects.

Tolls. The use of tolls for financing or supporting certain segments of highways is an acceptable alternative when funding for construction or maintenance would be otherwise unavailable. The present toll pilot project should be expanded to provide for participation by other states and insular areas with eligible projects and to allow for private sector participation. However, high occupancy vehicle (HOV) restrictions should be permitted on toll roads at the discretion of a state. In general, NCSL opposes current federal restrictions on tolling.

State Infrastructure Banks (SIBs). SIBS are infrastructure revolving funds eligible to be capitalized with federal transportation funds that give states the capacity to increase the efficiency of their transportation investment and leverage federal resources by attracting non-federal public and private investment. NCSL supports the continued and expanded use of SIBs as another financing tool for states to use in financing their transportation projects and recommend its expansion to all 50 states. States should be allowed to add federal transportation funds to their SIBs in addition to the state, local and private resources.

Grant Anticipation Revenue Vehicles (GARVEEs). GARVEEs are a debt financing instrument authorized to receive federal reimbursement of transportation-related debt service and financing costs. NCSL supports states' continued and expanded use of GARVEE bonds as another financing tool for transportation projects.

Transportation Infrastructure Finance and Innovation Act (TIFIA). In 1998, TIFIA established a new federal credit program to provide credit assistance for surface transportation projects of national or regional significance in order to leverage federal funds by attracting substantial private and other non-federal investment. NCSL supports states' continued ability to avail themselves of these financing options.

Planning

Recent reauthorizations have facilitated significant improvements in multi-modal planning. Future improvements should build on planning processes in place but should ensure that new requirements will not encumber progress made over the past decade. In an effort to fashion comprehensive and cohesive statewide transportation plans, which conform to federal requirements, states must have preeminent authority to synthesize local and regional plans with overall state objectives and budgetary considerations. Additionally, Congress should recognize differences among states and promote long range planning through increased flexibility in federal requirements.

Highways

Interstate System. The Interstate system should be maintained with consideration given to future enhancements, including "outer bypasses," new Interstate connectors, and highways of national significance. Priority should be given to congested corridors when the Interstate system is expanded. The level of funding available for maintenance should insure that, at a minimum, the current condition is maintained. Provisions to transfer interstate maintenance funds to other categories should be permitted only after vigorous examination.
National Highway System. The level of state funding for the National Highway System (NHS) should be based on demonstrated needs. NHS funds should be made available to states as a block grant with a minimum of grant conditions. States should be permitted to employ state design standards for construction on non-Interstate NHS projects. NCSL urges Congress to permit states to decide whether to use a portion of federal highway funds to construct sound barriers on existing highways.
Bridges. NCSL urges the federal government to maintain the current Bridge Replacement and Rehabilitation program with sufficient funding to correct the growing number of bridges that are structurally or operationally deficient. States and insular areas should have the flexibility to invest federal funds in the most critical bridge needs, including maintenance and upgrading of functionally obsolete bridges. A variable inspection program meeting federal requirements would allow states and insular areas to direct attention to the bridges that present the greatest hazard. States should be permitted to upgrade bridges to state design standards and develop cost-effective maintenance and rehabilitation programs.
National Scenic Byways Program. NCSL urges continued funding of the National Scenic Byways Program as an important component of the federal-aid highway system that supports state efforts to maintain scenic and historic roadways. Any federal requirements that limit the states' options in sign removal should take into consideration the fiscal ability of the state, insular area or local removal/compensation authorities, and the unique environment and characteristics of the specific location.

Transit

NCSL recognizes the important role the federal government has played in recapitalizing deteriorating transit systems. The mass transit component of the national transportation system is vital, especially to urban and rural dwellers, commuters, the elderly, the young and the poor. Adequate federal support of the mass transit system will contribute to the reduction of urban congestion and air pollution, encourage energy efficiency, and promote overall mobility. NCSL calls upon the federal government to address fairly and equally the needs of all Americans. Specifically, NCSL calls upon the federal government to take the lead in fostering a national interconnected mass transit network. An integrated national network of urban transit, intercity passenger rail and bus systems is a necessary part of an intermodal system.

The focus of a federal mass transit assistance program should be on alleviating congestion and ensuring mobility. The existing programs should be restructured to provide federal support for those efforts that seek to encourage and expand ridership. Federal policies should be changed to promote the use of high occupancy shared-ride services and to provide overall incentives for system usage.

The federal program should not encourage investment according to the availability of categorical funds, but on the basis of need and merit. The level of federal support should bear a relationship to the service levels state, insular area, and local governments are willing to support.

Consideration should be given to a consolidation of categorical formula grants in order to increase state, insular area, and local flexibility in priority-setting.

NCSL opposes efforts to require minimum allocations of discretionary capital funds regardless of specific demonstrated need and in the absence of requirements that funds from the Mass Transit Account be dedicated to mass transit projects only. NCSL does not support preferential treatment being given to applicants who overmatch federal financial requirements. This policy would place less economically healthy applicants at a competitive disadvantage.

NCSL supports tax incentives for the private and public sector and its employees to encourage the use of mass transit. NCSL also supports federal funding for "reverse commuting" activities.

NCSL urges a continued federal role in public transportation policy, and strongly opposes federal actions that would reduce or eliminate the federal commitment by turning back the transit program to the states, eliminating the eligibility for new fixed rail starts, or phasing out operating assistance.

The federal government has an appropriate role in financing a viable research and development program. Federal research should concentrate on the development of efficient and reliable modes of mass transit and provide a comprehensive and comparative analysis of transit modes to assist state and local governments in assessing system suitability.

Intermodal

NCSL supports the promotion of the intermodal goals seeking to ensure implementation of systems and facilities that strengthen the connectivity between the modes and provide linkage to overcome the limitations of each mode to an integrated transportation system. NCSL supports an integrated transportation system that fosters competitiveness for domestically produced goods in international markets and preserves and enhances secure and efficient infrastructure ensuring marketplace choice for the seamless movement of goods and people. To this end, construction of links between the NHS and intermodal facilities should be established as an eligible use of NHS funds.

Sanctions/Mandates

The use of federal-aid highway funds as a sanctioning device to enforce federal non-transportation goals is an anathema to states and insular areas. NCSL urges that mandates not directly related to the federal surface transportation program be eliminated and those that are necessary to a program be fully funded. Any reduction in the federal match portion for a specific program should be accompanied by a reduction in mandates for that program. At a minimum, NCSL insists that any withholding sanctions enforcement be subjected to a strict interpretation of statutory provisions governing the amount to be withheld. Such provisions stipulating that a percentage of a state's "apportioned amount" be withheld should be construed so that funds are deducted from a state's authorized apportionment, not the state's percentage share of obligation authority. NCSL opposes mandates that employ the use of "apportionment transfers," which are thinly-veiled sanctions constituting federal coercion.

Federal mandates should not be applicable to state and local "overmatches." Overall, NCSL opposes federal mandates that preempt legitimate state authority over public safety. Mandates that have this effect should be fully repealed, and Congress should refrain from including new federal transportation mandates or sanctions in subsequent reauthorizations of a federal-aid surface transportation program. NCSL supports the expansion of projects eligible for exemption from federal-aid highway funding sanctions resulting from non-compliance with the Clean Air Act. Federal funds should be specifically directed to facilitate compliance with federal mandates. Certain unfunded mandates, which are unequivocally grant conditions, are appropriate. NCSL specifically opposes the repeal of the Davis-Bacon prevailing wage requirements for federally financed transportation projects.

Indian Programs

Transportation is an important service program that provides the infrastructure upon which American Indian tribes' initiatives can be achieved. NCSL recognizes the unique and extensive transportation funding needs on Indian lands. In an effort to ensure that these needs are adequately addressed, NCSL supports a direct planning relationship between Indian Nations and state departments of transportation. NCSL further supports the continuation of the Federal Lands Program and its work with Indian reservations.

Surface Transportation Program

The goal of flexibility envisioned in the Surface Transportation Program (STP) has not been attained due to overall underfunding of the program, extensive earmarking of funds for certain activities, and the backlog of historically eligible highway projects taking precedence over other transportation options. In order to fully realize the potential of the Surface Transportation Program, Congress must address these factors. STP funds should be made available for intercity passenger rail, including Amtrak.

Congestion Mitigation and Air Quality Improvement Program

The level of obligation by states and insular areas of this category has been notably low. The linkage between Congestion Mitigation and Air Quality (CMAQ) improvement Program funds and project eligibility determinations, brought about by extensive planning requirements, have encumbered state efforts to fully utilize this revenue source. It is appropriate that the magnitude of administrative requirements be reduced so that states and insular areas can dedicate funds to relieving traffic congestion and improving air quality. CMAQ should continue to be available at the same level to areas redesignated as Clean Air Act maintenance or non-attainment areas. States should be allowed to utilize CMAQ funds for intercity passenger rail service provided to relieve traffic congestion.

High Priority Projects

Those projects that are otherwise ineligible for federal-aid and are not among states' or insular areas’ designated priority projects are improperly competing with state-established priorities. High priority projects should be funded through a state's or insular area's regular apportionment, should not be outside spending controls in place for formula projects, and should not place funding for state or insular area programs at risk.

Intelligent Transportation Systems (ITS)

The federal government should take a lead in deployment of intelligent transportation systems (ITS). Additionally, the federal government should continue to support research and deployment of ITS to improve safety, increase efficiency, promote clean air containment, reduce emissions, and promote economic development for the entire surface transportation system.

Corridor and Border Infrastructure Planning

Multi-state, international and high priority corridors have emerged as important planning issues and require special planning procedures to provide federal focus. NCSL urges the continued federal support for coordinated corridor and bordering infrastructure planning. NCSL believes that Congress should build upon the framework established in recent years to incorporate projects that encompass multiple states, international trade corridors and bi-national borders. However, NCSL urges the federal government to respect the following priorities.

Any trilateral land transportation agreements should be subject to federal legislative and regulatory review and allow ample input from affected states.

Current state transportation safety standards should be preserved at the highest degree of safety. Decisions that are reached on motor carrier configuration must be based on equipment that can be operated safely and efficiently in all countries.

Enforcement of motor carrier safety requirements is primarily a state function and practical responsibility. State enforcement of equipment standards, size and weight allowances, insurance documentation, operator requirements, financial responsibility and liability, hazardous materials transport, and vehicle emissions standards must be protected.

Research to provide information on motor carrier configurations must be undertaken by an unbiased, impartial party with no vested interest in decisions to be made regarding the performance or safety of motor carriers.

Regional and economic variances in state statutory and regulatory schemes should be accommodated, and states should be given latitude to consider projects and strategies that adhere to program objectives through approaches that are appropriate for the state.

States with a shared interest in a specific form, route or corridor of interstate commerce should be allowed to enter into interstate compacts to promote and facilitate commerce. States should not be inhibited in such interstate compacts by federal preemption of intrastate authority.

U.S. federal government priority financing should be forthcoming for any recognized, designated corridors for purposes of upgrading capacity and reducing congestion.

The U.S. federal government has a role and responsibility to ensure that border procedures properly screen for indications of impermissible equipment, cargo, or drivers in an efficient manner.

August 2008

Transportation Safety

The National Conference of State Legislatures supports a continued federal role in setting national performance and safety goals. Safety programs should be expanded to incorporate emerging safety issues.

Federal transportation safety programs should provide funding to promote comprehensive safety programs in the states. Necessary modifications should be made in federal safety grants programs to permit the maximum number of states to qualify, with the level of annual appropriations being adequate to fund grants to all states that qualify. NCSL opposes the use of federal sanctions or redirection penalties to enforce federal safety standards. Federal mandates that are enforced through the use of "reprogramming" sanctions should be repealed. Any existing federal compliance standards should reflect overall state effort to promote safety.

Increased federal attention to safety education is an appropriate vehicle for federal involvement. NCSL supports federal activities that seek to identify and remove transportation operators who have a record of unsafe operation of any mode of transportation. The opening of the National Driver Register to all transportation industries supports this goal. Individual privacy should be accorded appropriate safeguards.

It is a federal responsibility to ensure the drug and alcohol-free operation of federally-regulated transportation systems, and to this end, drug and alcohol use testing is a necessary mechanism.

Highways

The federal government should identify and develop advisory approaches to overall highway safety. NCSL supports the full utilization of existing technology, including effective traffic control devices and traffic control systems, in order to promote transportation safety. When traffic exceeds design standards, additional safety measures or capacity enhancement should be encouraged.

NCSL supports the right of each state to determine those blood alcohol levels that are appropriate within its state boundaries. Additionally, NCSL believes it is within the purview of the state to determine the best highway safety laws or combination of highway safety laws to best combat drunk driving fatalities and other road fatalities.

Federal monitoring and compliance standards should accurately reflect compliance effort and unique state circumstances.

Aviation

NCSL recognizes that safety and security of aviation transportation are critical to the security of the nation and are a responsibility shared by federal, state and local governments. NCSL believes the federal government should fully fund aviation security measures.

NCSL supports aviation security provisions that provide local and state airports increased federal funding and greater funding eligibility for flexibility with airport security implementation. To that end, NCSL supports increased federal funding for aviation security, as well as the use of Airport Improvement Program funds and Passenger Facility Charges to defray additional direct security-related expenses. NCSL strongly supports states and localities being authorized to use Airport Improvement Program funds for increased security measures required by federal law at a 100-percent federal share.

NCSL recognizes the modernization of the nation's air traffic system as a federal priority. The implementation of the National Airspace System Plan, developed to meet air traffic demands and alleviate aviation hazards, should be expedited. While the nation's aviation network does face capacity limitations, NCSL supports the efficient utilization of existing capacity through scheduling improvements. Additionally, NCSL strongly urges the federal government to provide adequate funding necessary to support staffing levels that ensure that enough highly trained, qualified air traffic controllers are coordinating air traffic safety.

Motor Carriers

There is a continuing need for federal support of state enforcement and inspection activities. The Motor Carrier Safety Assistance Program has been important to states in this regard and should be reviewed for programmatic improvements that enhance state participation and expand eligible activities.

NCSL supports the right of the states to make determinations of reasonable "access" for motor carriers. NCSL further supports as a state option the expansion of the existing definition of "terminal."

Federal guidelines that identify safety and engineering concerns to be considered in "access" determinations would help supplement state efforts. Such guidelines should be related to vehicle operating characteristics and route specifications, but should not restrict the state decision-making process.

The fiscal realities involved in upgrading all roads and bridges to accommodate extensive expectations of "access" demand that the onus be placed on truck design that complements existing transportation networks.

Federal support for research and development of technology which facilitates motor carrier safety, particularly that which provides information on safety compliance, should be increased. Federal efforts should focus on research on the impact of various motor carrier configurations on overall safety. Additional research should also concentrate on issues related to driver safety.

NCSL supports a federal ban on the use of radar detectors in commercial motor vehicles.

Waterways

NCSL endorses an increased state role in disciplinary actions against unsafe marine pilots. The responsibility of employers of marine pilots to fully investigate the pilot's history in operating modes of transportation should be upheld by the federal government. In an effort to improve navigational safety, NCSL supports federal equipment specifications and accident notification requirements for towing vessels. NCSL supports the conformance of federal boating-while-intoxicated standards to any enacted state BAC standard.

Pipelines

NCSL supports state initiatives to institute notification systems for the identification and protection of underground pipeline facilities. Federal efforts to impose a national "one-call" system, enforced through highway funding sanctions, is an unwarranted national mandate.

Railroads

NCSL supports a comprehensive federal review of rail safety programs, including efforts to eliminate unnecessary grade crossings. The protection of rail passengers, employees and the general public and the continued improvement of operating environments should be considered priority safety goals. Federal efforts should be concentrated on improving safety through the adoption of performance-based standards, continued federal funding of the U.S. DOT Transportation Center, and an expanded public information campaign. Federal funding should be increased to support the improvement of safety at highway-rail grade crossings, including the use of low-cost safety improvements like traffic control devices and support for Operation Lifesaver, Inc. The utilization of sound risk assessment analysis should be employed to prioritize expenditures of limited funds. NCSL supports a continuation of state leadership in collaboration with rail industry technical assistance in making determinations on appropriate warning devices at crossings. Earmarked annual Federal Highway Administration funding for states to implement the Section 130 grade crossing improvement program should be continued and made fully available to states. Further, Section 130 program funding should be excluded from federal highway program obligation limitations and transfer provisions. In an effort to avert train accidents, federal efforts and finances should be made available for the study of positive train separation technology.

August 2008

Waterways and Ports

The U.S. system of waterways and ports provides substantial benefits to the nation by providing access to the world’s markets. The National Conference of State Legislatures (NCSL) recognizes the combined efforts of all levels of government and users in sharing the cost of port and waterway development and maintenance. NCSL further acknowledges the distinctive roles played by the states and the federal government in financing waterways and ports. The increase of state and local financial support in recent years should be concomitant with an increased planning authority, which is particularly important for the integration and support of other transportation systems for enhanced waterway and port activity.

PORTS

Investment in the U.S. water transportation system is a partnership between state and local governments and the federal government. State and local authorities significantly invest resources to enhance marine terminal capacity and efficiency, dredge berths and approach channels, and share the cost of new dredging projects to widen and deepen navigation channels. The federal government traditionally had supported dredging expenses through the General Treasury. In 1986, Congress established the Harbor Maintenance Tax, which is paid on imports and the domestic coastwise movement of goods, to support increased federal operations, and to finance the maintenance dredging of navigable channels and harbors.

In order to sustain U.S. leadership in global trade, the nation’s ports must receive adequate federal funds to improve and maintain federal navigational channels. NCSL supports the full use of the Harbor Maintenance Trust Fund to maintain the nation’s harbors and calls on Congress to adequately fund deepening projects to modernize our ports. The accumulation of harbor tax receipts at the federal level is a break in faith from the purpose of the Harbor Maintenance Tax and results in the imposition of a competitive burden without providing needed improvements necessary to achieve efficiencies to offset added taxes.

INTERMODAL CONNECTORS

The nation's ports and waterways are an integral part of an intermodal transportation system. Port efficiency is impacted by the condition of intermodal connectors into ports from the nation’s highway and rail system. With global trade on the rise and ever-more dependent on the seamless movement of goods, state legislatures recognize the need to plan for increased cargo in order to avoid significant congestion in areas close to urban ports. NCSL calls on Congress to significantly increase federal investment in highway and rail infrastructure and provide states added flexibility to improve intermodal connectors and surface transportation systems near the nation’s ports. Where feasible, NCSL also encourages and supports the deployment of ferry crossings.

MARITIME SECURITY

Port security is a state-federal partnership that is critical to the nation’s homeland security strategy. The states need clear federal direction to ensure that resources are focused on the most needed security improvements. Ninety-five percent of overseas cargo and millions of cruise and ferry passengers transit through ports each year. Ports are spending enormous sums to harden these vulnerable targets and need federal assistance.

Security costs cannot be shifted to shippers without threatening U.S. ports’ ability to compete internationally. The Department of Homeland Security’s port security grant program is vital to ports’ ability to make improvements quickly and comply with the Maritime Transportation Security Act of 2002. States’ have been directed to enhance the security of publicly operated ferries and provide for the inspection of vehicles and freight. In some cases, federal directives have preempted existing state laws and policies to the extent of superceding state constitutional provisions. Inadequate federal assistances has created an unfunded mandate on states and local port authorities and should—at a minimum—fund operational requirements that directly contravene state law.

Foreign Imports

NCSL supports action by the Federal Maritime Commission to restrict foreign cargo shipments from nations that discriminate against U.S. carriers. In addition, any importation of hazardous materials should comply with the requirements of the National Environmental Policy Act to insure proper notification and assessment of environmental impact.

Cargo Preference

The cargo preference requirements of the Food Security Act should be repealed. These provisions unjustifiably increase costs to taxpayers through increased federal shipping costs and are of questionable benefit to national security.

Inland Waterways

The federal role in inland waterway capital and operating expenditures has been predominant. Due to the interstate commerce nature of this transportation system, this is an appropriate responsibility for the federal government. NCSL does not support the application of user fees to finance this system. The inland waterway system is of national importance as an alternative mode of commerce and a facilitator of regional economic development. NCSL supports the utilization of U.S. Department of Transportation discretionary funds for emergency assistance to states for ports and waterways adversely affected by severe flooding.

TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL

The Transportation Worker Identification Credential (TWIC) program is a Transportation Security Administration (TSA) and U.S. Coast Guard joint effort. The TWIC program provides a tamper-resistant biometric credential to maritime workers requiring unescorted access to secure areas of port facilities, outer continental shelf facilities, vessels regulated under the Maritime Transportation Security Act (MTSA), and all U.S. Coast Guard credentialed merchant mariners. After the adoption of the MTSA by Congress the final implementing regulations were released on January 1, 2007, but full launch of the credential is still on hold. There have been a number of enrollment problems with TWIC and concerns remain about technology, costs to authorities and employers, and relationships to other secure identification documents. Program challenges, coordination with the maritime industry, and changing criteria relative to criminal background checks have exacerbated problems.

TSA and the Coast Guard should consult closely with the states to ensure the TWIC launch and enrollment processes respect state laws and authorities, particularly where states are engaged in the operations of their ports or are developing similar identification credentials. Congress should exercise effective oversight to improve this consultation and achieve cost effective deployment.

Waterways—General

Coast Guard. The role of the U.S. Coast Guard in directing waterborne traffic should be enhanced. Adequate emergency response plans should be developed with a review of existing contingency plans. Authority to access the National Driver Register should be extended to the Coast Guard so that the complete history is available on seamen being processed for licensing and certification. Congress should adequately fund the Coast Guard's Deepwater Capability Replacement Program while maintaining existing funding for other transportation programs.
User Fees. The method of financing expenses incurred primarily for the user's benefit is an appropriate mechanism. However, the effect of such charges in a competitive worldwide environment should be carefully scrutinized. Fees assessed should be equitable and nondiscriminatory. Those fees collected should be protected in trust fund accounts and their expenditure limited to the purposes for which they were collected.
Recreational boat user fees, which are collected but not available for related boat safety activities, should be redirected to boating safety programs. User fees should not be assessed on commercial traffic to recover uncompensated benefits to civilian navigation and search and rescue activities.
Marine Environment. A comprehensive liability and compensation system should be maintained at the federal level to provide vulnerable states with a means of environmental restoration in the event of a shipping accident, or as a result of invasive species.
It should be the policy of the United States to require that domestic oil producers and common carriers develop the capability to safely transport crude oil and other liquefied petroleum products and to quickly and effectively contain and clean up oil spills that occur.

August 2010

NCSL staff contacts:

NCSL Contacts: Jeremy Meadows and Paul Snow (DC) and Jim Reed (Denver)

Last updated January 17, 2008

2007- 2008 Policies for the Jurisdiction of the:Transportation Committee

Policies:

Aviation

Cable Median Barrier Research

Hazardous Materials Transportation

Intelligent Transportation Systems

Implementation of the REAL ID

Motor Carrier Regulation

NCSL Urges Congress To Fix and Fund The Real ID

Rail Regulation

Surface Transportation

Transportation Safety

Waterways and Ports

2007- 2008 Policies for the Jurisdiction of the:
Transportation Committee