ACTION ALERT
National Association of City Transportation Officials (NACTO)
Federal Surface Transportation Authorization House and Senate Floor Strategy—
Presidents Day Recess Action Alert
February 22, 2012 Update
SENATE: Moving Ahead for Progress in the 21st Century (S. 1813)
Key floor action on the Senate’s two-year $109 billion Moving Ahead for Progress in the 21st Century (S.
1813) transportation bill is expected next week when the Senate reconvenes after the Presidents Day
recess. NACTO is urging city transportation officials and their mayors to meet with their congressional
delegation while they are home this week for the Presidents Day recess. The following are NACTO’s
issues of concern with S. 1813 and key amendments.
NACTO Issues of Concern
Transportation Mobility Program: S. 1813 would replace the Surface Transportation Program (STP) with
a new Transportation Mobility Program (TMP). Under this new program, the percent that would be
suballocated by population to metropolitan areas drops from almost two-thirds (62.5%) under STP to
half (50%) under TMP which results in a program that essentially remains flat while state transportation
departments see a significant increase in funding. (Under current law urbanized areas over 200k receive
$2.63 billion in FY10 and will see a slight increase to $2.72 billion in FY13 while states will see their share
increase significantly from $3.01 billion to $5.1 billion.1)
Additional Activities (Transportation Enhancements): Although still eligible for funding under TMP,
Transportation Enhancements (TE), without the dedicated 10 percent set a-side, would move from TMP
to the Congestion Mitigation and Air Quality (CMAQ) program. Under CMAQ, 10 percent is set –aside for
TE to compete with other bicycling and pedestrian programs such as Recreational Trails and Safe Routes
To School as well as a host of other activities including wetland mitigation under “Additional Activities.”
Floor Strategy -- Amend Transportation Mobility and Additional Activities Sections of S. 1813
Support the Begich Transportation Mobility Program (TMP) Amendment Restoring 62.5%
Suballocation to Urbanized Areas. Alaska Senator Mark Begich (former Mayor of Anchorage and former
Vice Chair for Transportation Policy with The United States Conference of Mayors) will be offering a
floor amendment to restore the current 62.5% suballocation by population to urbanized areas under the
1 The U.S. Conference of Mayors Local and State Highway (STP) Funding Shares Analysis, 2012.
TMP. This program essentially replaces the Surface Transportation Program (STP). Meet with your
congressional delegation over the Presidents Day recess and strongly urge them to support this
amendment. Senator Begich’s amendment has no effect on the share of transportation dollars flowing
to your respective state; it only addresses how TMP funds are split between local areas and the state
once federal transportation dollars have been apportioned among the states. The United States
Conference of Mayors and National League of Cities strongly support the Begich amendment.
Support the Cardin-Cochran Additional Activities Amendment. Under S. 1813, funding programs for
bicycling and walking are combined into one program called “Additional Activities” with an expanded list
of eligible activities. The Cardin-Cochran Amendment adds access for local governments to the
“Additional Activities” funds. Under the Cardin-Cochran Amendment Tier 1 MPOs (Metropolitan areas
with a population over one million – all NACTO cities) would be suballocated a portion of the state’s
Additional Activities funds based on their share of the state’s population. In states that do not have Tier
1 MPOs, a larger portion of the “Additional Activities” would be available for the competitive grant
process. Meet with your congressional delegation over the Presidents Day recess and urge them to
support this amendment.
HOUSE: American Energy and Infrastructure Jobs Act of 2012 (H.R. 7)
Largely due to the grave threat to transit programs under the House transportation bill, speculation is
that the House Republican leadership is having difficulty assembling the votes to pass H.R. 7. As a result,
floor debate was postponed until after the Presidents Day recess. NACTO is urging city transportation
officials and their mayors to meet with their congressional delegation while they are home this week
for the Presidents Day recess. The following are NACTO’s issues of concern with H.R. 7 and key
amendments.
NACTO Issues of Concern
If enacted, this terrible bill would demolish three decades of successful investments in mass transit –
originally started under President Reagan – by ending the guarantee for dedicated funding for public
transportation to build more highways; devolving authority back to states from cities; providing
maximum flexibility to state transportation departments to choose what transportation projects to fund
without regard to the needs of cities; flatlining suballocation to metro areas to increase funding for state
transportation departments; eliminating set-aside funding for bike and pedestrian infrastructure
projects; and opening the Congestion Mitigation and Air Quality (CMAQ) program to construction of
projects that serve single-occupant vehicles. U.S. Department of Transportation Secretary Ray LaHood
called H.R. 7 the “worst transportation bill” he has seen in 35 years of public service.
Public Transportation: H.R. 3864 terminates all dedicated revenues – 2.86 cents per gallon of the 18.4
cents per gallon of the federal gasoline tax—that have been dedicated to public transit through the
Mass Transit Account of the Highway Trust Fund and redirects all the trust fund money to roads and
bridges. The Mass Transit Account would receive a one-time infusion of revenues from the general fund
(Roughly $40 billion to be spent down over the life of the authorization). After the one-time infusion is
allocated, transit would be subject to future budget fights as Congress looks to reduce general fund
spending over the balance of this decade. That means that transit would have to struggle (e.g. Amtrak)
with others for yearly appropriations. Public transit relies on long-term stable funding in order to carry
out long term planning and major construction projects that employ thousands of people in the private
sector. This action puts transit projects at risk in cities across America.
Surface Transportation Program (STP): H.R. 7 flatlines STP suballocation to metro areas from the
current 62.5% to 50%. State suballocation would increase from $3 billion to $5 billion. Meanwhile, the
metro suballocation (areas with a population over 200k) that cities depend on for road, transit, bike, and
pedestrian infrastructure projects is essentially level— from $2.6 billion to $2.7 billion. Under H.R. 7, STP
is also responsible for funding all repairs to non-NHS bridges. Previously, non-NHS bridge repairs could
be funded out of the Bridge program, which was consolidated under STP (non-NHS bridges) and a new
National Highway System program (NHS bridges).
Congestion Mitigation and Air Quality (CMAQ): The bill would terminate dedicated funding for CMAQ
from the Highway Trust Fund. CMAQ would receive revenues through the new Alternative
Transportation Account under the general fund. CMAQ funding is flat—$2 billion annually—over the life
of H.R. 7. In a significant policy change, states would be permitted to obligate CMAQ funding for new
capacity for single occupant vehicles if the project is likely to contribute to congestion mitigation or air
quality.
Transportation Enhancements (TE): While states are permitted to fund bike and pedestrian
infrastructure projects, H.R. 7 eliminates the requirement that at least 10 percent of a state’s annual STP
apportionment must be spent on TE.
Transportation Planning: Under H.R. 7, states would be able to ignore MPO decision making for projects
of statewide significance on the Interstate system.
Programs Elimination: The following programs and set-asides would be eliminated under H.R. 7: Mass
Transit Account; Transportation Enhancements; Safe Routes to School; Community and System
Preservation; and Projects of National and Regional Significance.
Floor Strategy
VOTE “NO” ON H.R. 7. Urge your Congressional delegation to vote “NO” on H.R. 7. Contact suburban
cities and have them urge their congressional delegation to vote NO. These suburban cities struggle with
many of the same mobility issues as large central cities and should be responsive to the serious threat to
transit that H.R. 7 poses.
Support the Eddie Bernice Johnson STP Suballocation Amendment #6. Representative Eddie Bernice
Johnson (TX) has submitted amendment (#6) to H.R. 7 that would maintain the current division of STP
funds between urbanized areas (62.5%) and “any area in the state” (37.5%). As approved, H.R. 7 would
shift the division to 50%-50%. Please meet with your congressional delegation over the Presidents Day
recess and urge them to support this amendment.
Support the Nadler-LaTourette-Blumenauer-Gibson-Crowley-Turner-Rangel-Grimm Amendment to
Restore Federally Guaranteed Transit Funding. This amendment restores dedicated, guaranteed
funding for transit programs. H.R. 7 makes drastic changes to the way transit is funded. The NadlerLaTourette-Blumenauer-Gibson-Crowley-Turner-Rangel-Grimm amendment eliminates these changes
and restores a permanent funding mechanism for mass transit. Please meet with your congressional
delegation over the Presidents Day recess and urge them to support this amendment.
Support the Nadler-Carnahan-Johnson Amendment that Strikes Section 5203 (h)(3)(E)(i) that allows
states to override MPOs and local elected officials on any interstate project in a metro area if the state
feels that the project is of statewide interest. Please meet with your congressional delegation over the
Presidents Day recess and urge them to support this amendment.
Communicating Opposition to H.R. 7 through the Media
NACTO is urging cities to continue aggressive media to express opposition to H.R. 7. Below is an op-ed
from San Francisco Mayor Ed Lee, Oakland Mayor Jean Quan, and San Jose Mayor Chuck Reed. (Email
city op-eds and letters expressing opposition to H.R. 7 to RonThaniel@nacto.org.)
Protecting our cities’ transportation funding
By: Ed Lee, Jean Quan and Chuck Reed | 02/14/12 6:32 PM
Special to The SF Examiner
California cities will lose vital funding for mass transit, bike and pedestrian improvements, and 21stcentury road planning if the House passes the transportation bill in its current form. Critical federal
funds would be redirected with a short-sighted emphasis on roads and bridges alone.
While roads and bridges are a critical component of California’s infrastructure, diverting vital funding for
sustainable modes of travel is unwise. If this wrongheaded approach moves forward in the House, the
nation’s transportation network will take a giant step backward to a “roads only” policy for dedicated
funding.
It is no surprise that experts across this country have labeled this bill as the worst they have ever seen,
including President Barack Obama’s secretary of transportation, Ray LaHood. This plan jeopardizes mass
transit expansion, improvements in air quality and progress we have made to address road congestion.
In essence, our cities would be in danger of being stuck at a red light when it comes to advancing
transportation alternatives that not only improve our cities, but improve the quality of the lives of
hardworking Americans.
Cities throughout California are dependent on a robust multimodal, accessible transportation system.
Maintaining mobility in our communities is fundamental to our overall economic vitality, getting people
to their workplaces, daily appointments and to downtowns for shopping.
We’ve seen that cities, particularly those in California, continue to drive our nation’s economic
resurgence. To choke off our most important resource for transportation infrastructure would be
devastating to our recovery. We mustn’t stay silent as the House considers this legislation.
As troublesome as this bill would be, it only gets worse. The legislation would also prevent California
from being eligible for high-speed rail funds. It would open the North Slope of the Arctic National
Wildlife Refuge to oil and gas leasing, allow oil shale development on public lands and expand drilling off
the Atlantic and Pacific coasts.
This bill would also put an end to 30 years of bipartisan support for joint funding of both highways and
public transportation and explicitly contradicts President Ronald Reagan’s support for mass transit in
1982.
If there is good news in this situation, it is that there is an alternative to this potentially disastrous piece
of legislation. U.S. Sen. Barbara Boxer of California and her committee colleagues passed a bipartisan
transportation bill that goes to the Senate floor next week. We support Sen. Boxer’s attempts to pass a
reasonable reauthorization bill, and oppose the House’s version.
We believe Congress must sustain the long-standing commitment to this funding that reflects support
for broad transportation needs across all communities. This is critical to continued economic recovery in
California.
Ed Lee is the mayor of San Francisco, Jean Quan is the mayor of Oakland and Chuck Reed is the mayor of
San Jose.
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Ron Thaniel
NACTO