The Senate Environment and Public Works Committee approved its TEA-21 renewal plan, approving a $255 billion, six-year package that bolsters Congress’ efforts to show progress in reauthorizing the nation’s surface transportation law. Committee members worked with the panel’s top leadership to secure adoption of about 65 “non-controversial” amendments just before the November 13 drafting session. 

At markup, panel members approved several additional amendments before voting 17-2 to approve the final bill (S. 1027), which renews the highway and research titles of TEA-21. Several of these amendments were strongly supported by STPP coalition partners. 

Surprisingly, with all of the panel’s attention to the underlying federal funding and formula elements, the bill proposes few changes affecting how states now disclose financial information on their use of federal funds or maintain financial commitments to transportation, at a time when states have diverted hundreds of millions out of their own state transportation accounts to other priorities and are incurring unprecedented transportation debt.   

The Committee leaders – Senators Jim Inhofe (R-OK), Jim Jeffords (I-VT), Kit Bond (R-MO) and Harry Reid (D-NV) – who developed the package strongly defended their bill, announcing their intention beforehand to oppose member amendments during markup. The Committee’s bill largely embraces key features of the Administration renewal plan, known as SAFETEA that was released earlier this year.

Led by environmental and public health groups, the strongest criticisms have been leveled at the bill’s many new proposals recasting how transportation agencies evaluate the effects of their decisions on clean air objectives and how environmental and other project reviews are conducted. While Senator George Voinovich (OH) pledged to make Section 4(f) changes and further revisions to the environmental provisions of the bill his top priority, most of the concerns during the panel’s work session were in the financial area, including how the proposal’s much higher spending levels would be supported as well as how funds would be allocated among the states by program category. 

The action breathes new life into Congressional efforts to move a six-year renewal plan forward, with TEA-21 programs now operating under a 5-month extension law (October 1 – February 29) that was enacted just before October 1.  

Senators Warner, Chafee and Graham Key to STPP Coalition-Backed Adjustments

A number of amendments were adopted during Committee markup that improved the leadership’s package, responding to many key priorities that STPP partner organizations set forth in a letter to the Committee members just before the markup. View a copy of the letter at http://www.transact.org/PDFs/Senate_EPW_letter.pdf .

Senators John Warner (R-VA) and Bob Graham (D-FL) led an effort to increase planning funds for the nation’s metropolitan planning organizations (MPOs), with the Committee voting 12-7 to raise PL funds to one and one-half percent share of funds for core programs, up from the current law level of one percent. In addition to helping offset the funding needs of the 36+ new MPOs in the U.S., these resources will help MPOs get more engaged in delivering on a number of new features in S. 1027 aimed at improving initial project development, provisions intended to promote smarter investments and avoid controversies later on in the process. (Voting on the PL amendment – Rs: Inhofe-N; Warner-Y; Bond-N; Voinovich-N; Crapo-N; Chafee-Y; Cornyn-Y; Murkowski-Y; Thomas-N; Allard-Y; Ds: Baucus-Y; Reid-N; Graham-Y; Lieberman-Y; Boxer-Y; Wyden-Y; Carper-Y; and Clinton-Y; and I: Jeffords-N.)

In a breakthrough for water quality efforts, Senator Warner joined with Senate Lincoln Chafee (R-RI) to offer an amendment that establishes a new set-aside program within each of the states to fund stormwater mitigation projects. Approved on a 10-9 vote, the amendment directs states to reserve two percent of their annual Surface Transportation Program (STP) funds for state and local government stormwater projects on the Federal Aid System, giving priority to those that are needed for compliance with certain provisions of the Clean Water Act. (Voting on the stormwater amendment – Inhofe-N; Warner-Y; Bond-N; Voinovich-N; Crapo-N; Chafee-Y; Cornyn-N; Murkowski-N; Thomas-N; Allard-Y; Ds: Baucus-Y; Reid-N; Graham-Y; Lieberman-Y; Boxer-Y; Wyden-Y; Carper-Y; Clinton-Y and I: Jeffords-N.)

Senator Hillary Clinton with Senator Graham led another amendment aimed at restoring the current law distribution of STP funding between states and local areas. S. 1027 had proposed shifting the proportional share between states and local areas from 37.5%/62.5% to 44.5%/55.5%. The Committee voted 10-9 to strike this provision and restore current law. (Voting on the STP amendment – Inhofe-N; Warner-Y; Bond-N; Voinovich-Y; Crapo-N; Chafee-Y; Cornyn-N; Murkowski-N; Thomas-N; Allard-N; Ds: Baucus-Y; Reid-N; Graham-Y; Lieberman-Y; Boxer-Y; Wyden-Y; Carper-Y; Clinton-Y and I: Jeffords-N.)

On a voice vote, Senator Michael Crapo (R-ID) won approval of an amendment that increases funding commitments for rail crossing improvements and raises annual funding for the bill’s Safe Routes to School to $70 million, up from $50 million, and makes a number of technical changes to the new program.

In other action on the bill, Senator Thomas Carper (D-DE) won approval of an amendment to require that a S.1027-authorized transportation system study to address passenger as well as freight rail needs. An amendment by Senator Clinton to establish a new transportation equity research program was defeated on a voice vote.

Among the many amendments that were accepted prior to markup, Senator Ron Wyden (D-OR) convinced the bill’s authors to retain the current Transportation and Community and System Preservation (TCSP) Program, while increasing its annual funding to $50 million. Among its provisions, S. 1027 would have allocated $500,000 annually to each of the states for this purpose, following what the Administration’s bill had proposed. 

Next year the Senate EPW Committee proposal will be merged with other titles (e.g. revenue and transit) that are still under development in other Senate Committees. Funding for the bill’s program levels still remains a major stumbling block to further forward progress on the legislation. 

House Committee Panel to Release Its TEA-21 Renewal Plan