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America's GPA: D+
Estimated Investment Needed by 2020:
$3.6 Trillion

FAST Act Summary Part Three: Transit

December 14th, 2015 | By: America's Infrastructure Report Card

This is the third in a series of summaries over the next few weeks on the contents of the newly-passed five-year federal surface transportation authorization law, Fixing America’s Surface Transportation (FAST) Act. The first part explored the law’s funding and the future fiscal health of the Highway Trust Fund. The second part described the highway program elements of the law. The final forthcoming section will focus on the policy changes to federal passenger rail programs. The FAST Act provides $305 billion for highway, transit and railway programs. Of that, $60 billion is for transit, which represents an 18% increase in public transportation funding over the law’s five-year duration. Most of the percentage bump in transit investment will occur in the first year with the program seeing an immediate nine percent increase. Here is what the transit investment levels look like over the life of the bill:
  • (Pre-FAST Act) Fiscal Year (FY) 2015: $10.7 billion
  • (Post-FAST Act) FY16: $11.8 billion
  • FY17: $12 billion
  • FY18: $12.2 billion
  • FY19: $12.4 billion
  • FY20: $12.6 billion
The three main federal transit programs are the Urbanized Area Formula Grants, State of Good Repair program, and Capital Investment Grants. The Urbanized Area Formula Grant funds planning, engineering design, and evaluation of transit projects, as well as capital investments. It currently receives $4.5 billion per year and will receive $5 billion annually by the end of the FAST Act. The State of Good Repair program funds are used for repairs and upgrades of urban rail and bus rapid transit systems that are at least seven years old. This program currently receives $2.2 billion per year and will receive $2.7 billion by the end of year five. The Capital Investment Program distributes funds for major transit capital investments, including rapid rail, light rail, bus rapid transit, commuter rail, and ferries. This program currently receives $1.9 billion per year which will increase to $2.3 billion annually by the end of the FAST Act. In addition to the above changes, the FAST Act also:
  • Creates a new Bus and Bus Facility Discretionary grant program to address capital investment. This program is funded at $268 million in the first year, rising to $344 million in the last year. The program also includes a 10 percent rural set-aside and a cap that no more than 10 percent of all grant funds can be given to a single grantee;
  • Creates an expedited project delivery pilot program in the Capital Investment Grant program for projects with less than 25 percent federal funding and those which are supported through public-private partnerships;
  • Focuses on the need to address resilience in state and local planning by urging a reduction on the natural disaster vulnerability of existing transportation infrastructure;
  • Directs USDOT to review the safety standards and protocols used in public transportation. The Secretary will then evaluate the need to establish additional federal minimum public transit safety standards; and
  • Makes $199 million available to assist in funding the installation of Positive Train Control (PTC) safety technology.

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Infrastructure in the News: States Plan Ahead

December 12th, 2015 | By: Olivia Wolfertz

With the holidays around the corner and a long-term transportation bill signed into law, this week’s headlines have centered on states’ reactions to the funds they have been granted from the FAST Act. In New Mexico, the state delegation announced that more than $11.5 million will be available to rebuild infrastructure damaged by severe storms and flooding, including areas impacted by Hurricane Odile in September 2014. While this funding does not come directly from the FAST Act, it is provided through the USDOT Emergency Relief Program. In West Virginia, the FAST Act will bring in transportation funding over the next five years that will go a long way toward building new roads, repairing existing roads, and fixing dilapidated bridges. In addition to transportation infrastructure, states are looking forward to federal funds being appropriated for recreational trail development across the US. In Oregon, the Oregon Parks and Recreational Department is inviting public comment on a draft plan for recreational trails. But there are still reminders that this bill does not fully address our nation’s transportation needs. In Ohio, the bill was met with mixed reactions — relief that there will be some funding but disappointment that there will not be the level of increase needed to address the current backlog of projects. In Tennessee, TDOT has expressed frustration that their transportation needs won’t be done for 51 years, assuming only a 2 percent funding increase and that nothing new is added to what the Department of Transportation already has on its plate. In Massachusetts, local lawmakers and civic leaders were relieved to get enough funding for critical infrastructure projects, but recognizing that they must take further steps to provide for their investment needs. While the Report Card shows that we still have a funding gap, we are pleased that Congress passed a five-year bill that increased investment.

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FAST Act Summary Part Two: Highways

December 9th, 2015 | By: America's Infrastructure Report Card

This is the second in a series of summaries over the next few weeks on the contents of the newly-passed five-year federal surface transportation authorization law, Fixing America’s Surface Transportation (FAST) Act. The first part explored the law’s funding and the future fiscal health of the Highway Trust Fund. The next sections will focus on the policy changes to transit and federal passenger rail programs. The FAST Act provides $305 billion for highway, transit and railway programs. Of that, $233 billion is for highways, which represents a 15% increase in road and bridge funding over the law’s five-year duration. Most of the percentage bump in highway investment will occur in the first year with the program seeing an immediate five-percent increase. Below are the highway investment funding levels over the life of the bill:
  • (Pre-FAST Act) Fiscal Year (FY) 2015:  $40.3 billion
  • (Post-FAST Act) FY16:  $42.4 billion
  • FY17:  $43.3 billion
  • FY18:  $44.2 billion
  • FY19:  $45.3 billion
  • FY20:  $46.4 billion
The two main federal highway programs are the National Highway Performance Program (NHPP) and the Surface Transportation Program (STP). NHPP supports improvement of the condition and performance of the National Highway System. Previous law set NHPP funding at $22 billion per year and that number will rise to $24.2 billion by the end of the FAST Act. STP funds have the broadest eligibility and can be used on any federal-aid highway, bridge, transit or non-road transportation project. STP funding was set at $10 billion annually and that program will rise to $12.1 billion by the end of year five. FREIGHT The FAST Act establishes and funds two new intermodal freight programs, one formula-based and one that awards grants via a competitive U.S. Department of Transportation (USDOT) selection. The first is a National Highway Freight Program funded at $1.2 billion annually, which will be divided among all states states via formula. These dollars can be spent on any project that contributes to the efficient movement of freight on a newly yet-to-be-established National Highway Freight Network. The second new freight program provides $900 million annually for the National Significant Freight and Highway Projects Program and will give USDOT the discretion to select large projects of national and regional significance. These projects must be over $100 million in cost and the minimum grant size is $25 million. The grant’s share of project cost cannot exceed 60 percent and 25 percent of the total awards must be made in rural areas. INNOVATION The FAST Act contains a whole section on innovation, with a strong focus on technology deployment. Overall, funding for innovation research and development did not grow much, but a few new programs were created that will siphon-off dollars from existing programs. A new $20 million annual Surface Transportation System Funding Alternatives Program was created to give grants to states to explore user-based funding alternatives to the gas tax and provide long-term funding certainty to the Highway Trust Fund. The law establishes a new Performance Management Data Support program to develop and maintain data sets and data analysis tools to assist metropolitan planning organizations in conducting performance management analyses. The FAST Act also redirects $60 million annually from the Highway Research and Development Program; the Technology and Innovation Program; and Intelligent Transportation Systems Research programs to a new Advanced Transportation and Congestion Management Technologies Deployment Program. This new program will provide grants which USDOT will select via a competitive process to develop model deployment sites for large scale installation and operation of technologies in areas such as infrastructure monitoring, vehicle-to-infrastructure communication, and technologies associated with autonomous vehicles, among other items. ENVIRONMENTAL The FAST Act builds on the current law’s progress in favor of environmental streamlining and efforts to accelerate project delivery. The FAST Act empowers USDOT and its agencies to serve as the lead federal agency on environmental reviews and sets a 45-day clock on USDOT inviting other agencies into the process. The law requires the lead agency to seek public input as soon as possible and prohibits the re-opening of any issues resolved by the agency unless significant new information arises. The FAST Act also requires the lead agency to prepare an environmental impact statement within 90 days and establish a schedule of completion for the environmental review process as part of its coordination plan.

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FAST Act Summary Part One: The Funding

December 6th, 2015 | By: America's Infrastructure Report Card

This is the first in a series of summaries over the next few weeks on the contents of the newly-passed five-year federal surface transportation authorization law, Fixing America’s Surface Transportation (FAST) Act. The next sections will focus on the policy changes to highways, transit and federal passenger rail programs. The backbone of federal transportation funding is the motor fuels tax, and those revenues are deposited in the protected Highway Trust Fund (HTF). Taxes on gasoline and diesel fuels for cars, trucks and motorcycles, have been levied for many decades, however the last time that the tax rate was raised was in 1993 — over 20 years ago. Since that time, federal spending on highways and transit programs has risen and the purchasing power of those dollars, as a result of rising construction and materials costs, has gone down. While the newly-passed five-year federal surface transportation authorization law, Fixing America’s Surface Transportation (FAST) Act, increased investment, it did not pay for these funding increases through a gas tax hike. Instead, the law relied on a variety of items unrelated to transportation, specifically two large offsets dealing with the Federal Reserve (Fed). OFFSETS The first Fed offset is one that was heavily opposed by banks. The provision would reduce what was a six percent annual dividend paid to banks on Fed stock that they bought when becoming members of the Federal Reserve system. The reduction would impact banks with over $10 billion in assets and cut the stock dividend pay-out to match the interest rate of the highest-yield 10-year Treasury note, which would likely be around two percent. This provision raises nearly $6 billion for the FAST Act. The second Fed-related offset is the largest one contained in the FAST Act and applies to the Feds capital surplus accounts. The Fed regional banks maintain various amounts of surplus cash, which added together amounts to $29 billion. The FAST Act takes $19 billion from this account and leaves a $10 billion surplus cushion at the Fed. However, due to Congressional budget scoring procedures the amount of money actually raised for FAST Act by doing this $19 billion draw-down is about $53 billion because Congress adds up all of the money that would have been in the account over a ten-year budget horizon. Added together, these and other offsets amount to around $70 billion in new money for the HTF over the five-year life of the FAST Act. This means that at the end of the FAST Act the HTF will have received over $140 billion in general fund transfer since it began experiencing fiscal trouble in 2008. This also means that by the end of the FAST Act gas taxes and other transportation-related revenues will only be providing half of the dollars necessary to support investment levels, which could complicate the policy process in numerous untold ways. For example, members of Congress may then ask: “Why should this program only fund roads and transit systems (which has historically been the case) if roads users and transit riders are no longer the funding basis of a large amount of the program’s revenues?” FUNDING LEVELS The FAST Act provides $305 billion for highway, transit and railway programs. Of that, $233 billion is for highways, $49 billion is for transit and $10 billion is dedicated to federal passenger rail. By the end of the bill’s five-year duration, highway investment would rise by 15%, transit funding would grow by nearly 18%, and federal passenger rail investment would remain flat. Most of the percentage bump in investment will increase immediately with highways seeing a five percent jump and transit receiving a nine percent jump in the first year. The funding then sees relatively flat, two percent annual growth. The bill actually provides higher levels of funding than the Senate-passed DRIVE Act would have, by over $680 million cumulative over the life of the bill. The bill also contains a HTF contract authority rescission of $7.5 billion at the end of the bill (September 30, 2020). This rescission would mean that states will have to return a certain amount of unobligated highway contract authority to FHWA. It is likely that states will soon plan their programs accordingly to be able to minimize the impact of this final-year budget cut. Rescissions have become common in surface transportation authorization bills as a way to bring down spending levels at the end of the law, which helps reduce the overall cost of the program for Congressional budget scoring purposes. There will likely be an effort in 2020 to eliminate or delay the implementation of the rescission. The last rescission to take effect was for $8.7 billion in 2009. Here are some funding highlights for highway and transit programs: HIGHWAYS
  • National Highway Performance Program: annual increases of nearly $500 million;
  • Surface Transportation Program: first-year increase of $1 billion and nearly $200 million on top of that annually thereafter;
  • Highway Safety Improvement Program: slight increase of $50 million annually;
  • Congestion Mitigation & Air Quality Program: ​$50 million increase in the first-year and slight increase thereafter;
  • TIFIA Program: heavy annual reduction from $1 billion per year to $275 million – $300 million annually throughout the bill;
  • Highway Research & Development Program: slight increase, however new eligibilities added:
    • $15 million annual Surface Transportation Funding Alternatives Studies program; and
    • $10 million annual Performance Management Data Support program.
  • (NEW) National Highway Freight Program: approximately $1.2 billion annually; and
  • (NEW) Nationally-Significant Freight & Highways Projects Program: approximately $900 million annually.
TRANSIT
  • Formula and Bus Grants: $800 million increase in the first year and $200 million on top of that annually thereafter. Within that:
    • ​$90 million annual increase for Urbanized Area Formula Grants;
    • (NEW) $28 million for Research & Development Demonstration and Deployment grant (existing FTA R&D program reduced by $50 million annually);
    • State of Good Repair: first-year $350 million increase and $40 million on top of that annual increase thereafter;
    • (NEW) Bus and Bus Facility Discretionary program: approximately $300 million annually; and
    • (NEW) Fast Growth and High Density program: approximately $550 million annually.
  • ​Capital Investment Grants: Initial $400 million funding increase which sustains for life of the bill; and
  • Positive Train Control Grants: $200 million provided in fiscal year 2017.
HTF PROJECTIONS By the end of the bill, there would be approximately $8 billion left in the highway account of the HTF and about $2 billion left in the transit account. In the years following, the HTF deficit would grow to approximately $24 billion per year. This means that any attempt to fill the budget hole through an increase in the gas tax will require a bigger increase than has ever been needed. In order to fill the recent, prior $15 billion annual shortfall a ten-cent-per-gallon gas tax that was indexed to inflation was required. It can now be expected that any gas tax amount needed to fill the looming 2020 shortfall will have to be nearly double that amount, or close to a twenty cent per gallon rate increase. Beyond filling the budget hole, as the Failure to Act economic study shows, increased investment is needed to modernize our surface transportation network.

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