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On February 12, the U.S. Senate cleared its version of TEA-21 renewal, known as SAFETEA, on a 76-21 vote, after defeating only a handful of amendments and adopting scores of others in a couple of massive "managers' amendments."

Despite a tortuous process of debate and procedural objections spanning eight workdays, the end came quickly as the bill's managers decided to accept a number of the more than 280 amendments pending before the Senate.

The Senate-passed bill provides total spending level of $ 318 billion over six years, with $255 billion (about $238 billion in actual obligation authority) for highway and bridge programs and $56.5 billion for transit investment. In the end, the bill provides that the full $56.5 billion will be available for transit programs over the six years. The overall spending level is substantially about the President's request of $256 billion. Despite clear Administration opposition and even a veto threat, the Senate pressed on and approved the measure, signaling their intention to deal with funding concerns later in the process. During the Senate floor debate, there were many times when the bill's leaders made pledges to deal with issues in conference, which means during negotiations with the House over a final bill.

While the full details of what the Senate adopted are still being analyzed, there are several overriding issues to note --
-- basic structure of the ISTEA/TEA-21 framework remains (Enhancements, CMAQ, TCSP, JARC, New Starts, and other existing programs are continued);
-- bill for the first time ensures that all highway funds provided to states will be programmed to the core programs (original five -- Bridge, Surface Transportation Program, Congestion Mitigation and Air Quality, Interstate Maintenance and National Highway System -- and two new core programs -- Highway Safety Improvement Program and Infrastructure Performance and Maintenance Program);
-- the original five core programs -- Bridge, CMAQ, IM, NHS, and STP -- grow at the same rate (roughly 60 percent over the life of the bill);
-- spending firewalls are continued for both highways and transit; and
-- no special projects are included in the bill (albeit some specialized provisions and program targets).

Some notably program initiatives in the bill include --
-- new Safe Routes to School program funded at $70 million annually over the six years;
-- new program funding for stormwater projects on the federal aid system (each state must reserve must reserve 2% of STP funds, totaling about $1 billion nationwide over the six years);
-- MPOs will receive more planning funds through adjustments in the share for PL program;
-- bill includes a $2 billion annual authorization for Amtrak as well as some additional program authorizations to support freight and passenger rail investment by the states; and
-- bill includes a bonding finance corporation (not to be confused with the Baucus-Grassley plan that caused our coalition problems) that provides a financing vehicle for transportation infrastructure.

The bonding program most notably, like many of the other provisions in the massive managers' amendment, was added at the end of the debate on the bill so it is uncertain how these will fare in negotiations with the House.

There are numerous provisions that affect clean air, Section 4(f), NEPA/project delivery, and planning processes --
-- clean air, particularly the shortened conformity horizon for transportation plans, stands out as the most significant weakening of current law in this area;
-- Section 4(f) standard was adjusted to allow an exception for so called "de minis" impacts, changes that are being reviewed to understand fully how the intent of the 38-year standard is affected; and
-- the many NEPA/project delivery changes are being critiqued in the context of the full bill and effects on current practices, with the basic intent of these changes aimed at empowering project sponsors, largely state DOTs, to get more timely resolution of conflicts that arise.

STPP and its many coalition partners have expressed opposition to and strong reservations to many of the proposals in these areas and are working to clarify how these provisions will help or harm local efforts and will work to seek necessary adjustments as the legislation moves forward.

We will provide additional information on the Senate legislation as it becomes available.

The House Transportation and Infrastructure Committee is expected to consider its version of TEA-21 renewal during the first week of March.

Finally, a note to say thanks to all of you for your many efforts throughout the deliberations on the Senate bill to hold provisions that further our transportation reform efforts and modify others that threatened this progress. Much work lies ahead and we will call upon to help keep transportation reform on the agenda and moving forward.

 

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