Washington Insight

New federal transportation law aims to set stable funding, accelerate project delivery

Jim Fahey

Director of Government and Public Affairs American Public Works Association Washington, D.C.

n the last week of June, as the ninth temporary extension of federal transportation funding was due to run out, the House and Senate overwhelmingly approved the conference report reauthorizing surface transportation programs. The legislation replacing the expired Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), enacted in 2005, was given the name Moving Ahead for Progress in the 21st Century (MAP-21).

MAP-21 provides funding for federal highway, transit and safety programs through September 2014 at current levels with a small inflationary adjustment, totaling approximately $105 billion. It includes reforms expediting project delivery, establishes policies to improve freight movement and consolidates the number of highway programs by about twothirds, with a focus placed on the National Highway System.

Among provisions to expedite project delivery is one designating projects with limited federal funding as a categorical exclusion under the National Environmental Policy Act. The categorical exclusion applies to any project that receives less than $5 million in federal funds and any project with a total estimated cost of not more than $30 million receiving federal funds comprising less than 15 percent of the total estimated project costs. Another provision designates any project within the existing operational right-of-way as a categorical exclusion.

MAP-21 places increased emphasis on performance measures, focusing the highway program on key outcomes, such as reducing fatalities, improving road and bridge conditions, reducing congestion, increasing system reliability, and improving freight movement and economic vitality.

For the popular Transportation Infrastructure Finance and Innovation (TIFIA) Act program, MAP-21 provides $1 billion each year and modifies the program by increasing the maximum share of project costs from 33 percent to 49 percent and setting aside funding for projects in rural areas at more favorable terms. TIFIA provides direct loans, loan guarantees and lines of credit to surface transportation projects.

MAP-21 nearly doubles safety funding and retains SAFETEA-LU’s 15 percent off-system bridge set-aside. MAP-21 originally had eliminated the setaside for bridges not on the federalaid system, but was amended on the Senate floor to restore it.

The Engineering Tribute to the Presidential Inauguration

This is an invitation for prospective speakers (of all disciplines) to participate in the forthcoming “Engineering Tribute to the Presidential Inauguration.” The next presidential inauguration will take place on January 20, 2013. One of the inaugural events will be the “Engineering Tribute to the Presidential Inauguration.” This event has been videotaped and televised since 1997, so all of the presentations are viewed by large audiences. There is no charge for attendance and/or participation. Attendees may deliver presentations, or they may be seated in the audience as spectators.

Presentations in the following areas will be especially welcome:

• The design, construction, maintenance, and operation of buildings, roads, dams, bridges, canals, and other infrastructure facilities • Electric and hydroelectric power generation, transmission, and distribution

• Freshwater supplies for farming and consumption by human beings living in urban areas • Sewage treatment and the design, construction, maintenance and operation of piping systems and sewage treatment plants • Environmental protection • Engineering in the private sector • Energy supplies, including coal, gas, oil, nuclear, solar, etc.

Prospective speakers should e-mail abstracts of 300 words or less to Kenneth Freelain, P.E., at engineering_ tribute@yahoo.com by December 1, 2012. Telephone: (301) 891-0496. Non-speakers who plan to attend should also pre-register at the same e-mail address.

Geoff Greenough, APWA Past President, dies at 70

Geoff Greenough, P.Eng., who served as APWA National President in 199495, died on July 2 of a heart attack. He was 70.

Hailing from Moncton, New Brunswick, Greenough began his career in public works in the mid-’60s when he became the City Engineer for Bathurst, New Brunswick. After 12 years in that position he moved to eventually assume the role of Commissioner of Engineering and Public Works for the City of Moncton. He graduated from the University of New Brunswick with a degree in civil engineering and was a charter member of the APWA Atlantic Provinces Chapter in 1974.

In addition to serving as APWA National President, Greenough served on the Board of Directors for the Canadian Public Works Association (CPWA), was a member of APWA’s International Affairs Committee and Nominating Committee, and chaired the APWA/SPWA/CZPWA Task Force and the Coordination Council. He was affiliated with the Association of Professional Engineers of New Brunswick (Life Member) and Canadian Society of Civil Engineers (elected Fellow in 1993); actively involved in international work including Rotary Youth Exchange; and was recently involved in a Mechanical Cow project in Swaziland and an agricultural project in the Congo.

He is survived by his wife, Margo; his mother, Christine; two children, Richard Greenough and Sheila Gidney; and five grandchildren. “We know he has touched many all over the world through his engineering work, his Rotarian projects and his many friends met in these organizations,” said Richard Greenough and Sheila Gidney.

Geoff Greenough

The legislation includes a compromise on funding for bicycle and pedestrian projects. The Senate-passed version of MAP-21 made changes to the Transportation Enhancements (TE) program, allowing more local control over TE, safe routes to schools and recreational trails. House Republican conferees instead wanted opt-out provisions for states. The final agreement directs half of the funding to the local level and the remainder to states with the ability to opt out of the funding requirement.

The House-Senate conference committee process took two months to forge an agreement, and at times it appeared that an agreement would not be reached in time to avoid the need for a tenth extension of SAFETEA-LU after June 30.

However, momentum began to build in the final week of June when conferees announced that the conference report would not include provisions approving the Keystone XL pipeline and another set of provisions prohibiting the U.S. Environmental Protection Agency from designating coal ash as a hazardous substance. In addition, conferees agreed not to retain funding for the Land and Water Conservation Fund, which had been included in the Senate-passed bill. These provisions were dropped in exchange for Senate conferees moving closer to House Republican conferees’ position on expediting project delivery and state flexibility on funding.

The Senate approved its two-year reauthorization bill, MAP-21, in March. Because the House did not approve its own reauthorization bill, MAP-21 served as the basis for negotiating the final bill.

In April the House of Representatives approved a 90-day extension of the current surface transportation programs as a vehicle to establish the conference committee. This “shell” bill included several policy riders, including the Keystone XL pipeline approval, a provision to create a trust fund to contribute to Gulf Coast restoration, a provision to increase funding for port and harbor maintenance, the coal ash provision and various provisions to expedite transportation project delivery.

Thirty-three conferees, 20 Republicans and 13 Democrats, represented the House on the conference committee which negotiated the final transportation package. Fourteen represented the Senate, eight Democrats and six Republicans.

As this article went to press, the President had not yet signed the bill into law. For more information about MAP-21, please visit www.apwa.net.

Jim Fahey can be reached at (202) 2186730 or jfahey@apwa.net.