Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

   The Committee developed this pilot project after working closely with the Administration, industry, State safety and construction agencies, and truck plaza and rest stop operators. It is the Committee's intent that the projects funded from this pilot program only address adding parking facilities in corridors with an identified truck parking shortage. This pilot program is not intended to compete with local businesses or commercial enterprises.

   Not later than five years after the enactment of this bill, the Secretary shall transmit a report on the results of the pilot programs developed under this section.

   Senate Bill

   Sec. 1814.

   This section creates the Commercial Truck Parking and the Corridor and Fringe Parking Pilot Programs. This section also authorizes the Secretary to appropriate funds for these programs.

   The committee aims to create additional parking on the National Highway System by creating two different pilot programs: the Commercial Truck Parking Pilot Program and the Corridor and Fringe Parking Pilot Program. The section authorizes the Secretary to appropriate $8,930,818 in grants from the Highway Trust Fund for each of these programs.

   The Commercial Truck Parking Pilot Program allows funds to be used for construction of safety rest areas that include truck parking, commercial vehicle parking facilities adjacent to commercial truck stops, and projects designed to improve accessibility for truck parking on or near the National Highway System. The committee expects priority for these funds will be given to States with a severe shortage of commercial vehicle parking, as well as potential for positive effects on safety, congestion, and air quality from improved parking facility.

   The committee also recognized the importance of adequate and accessible parking for car pooling, van pooling, ride sharing, commuting, and high occupancy vehicle travel. The committee notes that these practices have a definitive impact on congestion, air quality and traffic safety and proposes the Corridor and Fringe Parking Pilot Program to be given to the States for the construction of parking facilities, costs to promote public awareness of the facilities, and geometric design improvement on adjoining roadways.

   Conference Substitute

   The Conference agrees to adopt the House provision.

   SEC. 1306. FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM

   House Bill

   Sec. 1307.

   This provision establishes a pilot program to demonstrate the feasibility of developing inland intermodal port facilities that can accommodate short-haul rail shipments, relieve traffic congestion, and improve safety at coastal ports in metropolitan areas on the West Coast. Priority will be given to projects that will reduce congestion into and out of international ports in the U.S., reduce the need to move empty containers into and out of ports, and establish or expand intermodal facilities that encourage the development of inland freight distribution centers. Eligible projects may include developing and constructing intermodal freight distribution and transfer facilities at inland ports or at facilities serving inland ports.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The conference adopts the House provision with modifications that eliminate the preference for West Coast ports and names six projects to carry out the pilot program.

   SEC. 1307. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS

   House Bill

   Sec. 1118.

   This section details the funding and eligibility requirements for constructing fixed guideway infrastructure, as well as the related components necessary for the construction, but not including costs incurred for a new station. Eligible projects under this section must involve a segment or segments of high speed ground transportation corridor, result in an operating transportation facility that provides a revenue-producing service and be approved by the Secretary. It is the Committee's intent for this program to be administered as a new program and not the continuation of any previously authorized program.

   Senate Bill

   Sec. 1819.

   This section continues the authorization of the Magnetic Levitation Transportation Technology Deployment program (MAGLEV) in section 322 of title 23.

   Section 322 of title 23 is amended to allow the Secretary to solicit additional applications from States or authorities designated by one or more States, for financial assistance for planning, design, and construction of eligible MAGLEV projects. Authorized from the Highway Trust Fund for this program is $357,232,704 for fiscal year 2005, $370,628,931 for fiscal year 2006, $379,559,748 for fiscal year 2007, $388,490,566 for fiscal year 2008, $401,886,792 for fiscal year 2009.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1308. DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1824.

   This section creates section 178 of title 23, the Delta Regional Transportation Development Program.

   The Delta Regional Transportation Development Program is a discretionary program to assist the Delta Regional Authority in developing adequate transportation infrastructure in the 8-state region served by the authority. The committee feels that this investment will remedy severe economic distress by stimulating development in the region through the mobilization of people and goods through a safe transportation program. Funds under this program may be used for multi-state highway and transit planning, development, and construction.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1309. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS

   House Bill

   Sec. 1830.

   This section extends the exemption that public transit vehicles and over-the-road buses have from axle weight restrictions.

   Senate Bill

   Sec. 1404.

   This section amends section 127 of title 23, relating to axle weight limitations for vehicles using the interstate system.

   This section amends section 127 of title 23 to exempt any over-the-road bus (as defined in section 301 of the Americans With Disabilities Act of 1990) or any vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus using the National System of Interstate and Defense Highways from the maximum gross weight limitations imposed by any State.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1310. INTERSTATE OASIS PROGRAM

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1815.

   This section establishes an interstate oasis program.

   This section requires the Secretary to establish an interstate oasis program for designating interstate oases that provide products and services to the public, 24 hour access to restroom, and parking for automobiles and heavy trucks. The Secretary shall also take into account the appearance of the facility as well as the proximity of the system to the interstate for its designation.

   Conference Substitute

   The Conference adopts the Senate provision.

   Subtitle D--Highway Safety

   SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM

   House Bill

   Sec. 1401.

   This section amends title 23 by eliminating the requirement that States set aside 10 percent of their section 133, Surface Transportation Program, funds to carry out section 130 of title 23, the Railway-Highway Crossing program and section 152, the Hazard Elimination program. This section also establishes a separate funding authorization for a combined section 130 and 152 called Highway Safety Improvement Program. However, the authorizing language for the two programs still resides in Section 130 and Section 152.

   In subsection (a) the definition of Safety Improvement Project as used in Section 101(a)(30) of title 23 is expanded to include the installation of fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones.

   Subsection (b) amends title 23 to move the set-aside for Operation Lifesaver from the apportionment under the Surface Transportation Program to the apportionment for Section 130. It also increases the amount for this program from $500,000 to $600,000.

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   Subsection (c) increases the amount of the set-aside for hazard elimination in high-speed rail corridors designated under 104(d)(2) of title 23 and for the Minneapolis/St. Paul--Chicago segment of the Midwest High-Speed Rail Corridor. The subsection also adds the Northern New England High Speed Rail Corridor and expands the South Central Corridor to section 104(d)(2) of title 23.

   Subsection (d) adds a special rule to allow States to use funds for protective devices on other section 130 activities if the State demonstrates to the Secretary that it has met the needs in such State for protective devices. The apportionment formula for rail highway crossings is amended to distribute funds 50 percent based on the STP formula and 50 percent based on the number of rail highway crossings. Each state shall receive at least a minimum of one half of one percent. The federal share will be 90 percent. States will be required to report to Congress every two years and can use up to two percent of their funds for analysis and data collection.

   Subsection (e) makes technical changes.

   Subsection (f) amends section 152(a)(1) of title 23 to include in the state survey dangers to the disabled from hazardous road conditions. It also includes a requirement that States identify the roadway safety improvements for hazardous locations. It also adds four new activities for which the funds can be used. The Secretary will use the STP apportionment formula to apportion funds to the States for the Hazard Elimination program. Each State shall receive at least one half of one percent from funds apportioned to the States. The federal share will be 90 percent. The Secretary is required to report to Congress every two years the results of this program, including projects completed, the effectiveness of the projects, adequacy of funding and recommendation of improvements to the program.

   Subsection (g) makes the amendments in subsection (d), (e) and (f) effective September 30, 2005 since there is no funding for the new Highway Safety Improvement Program in fiscal year 2005.

   Senate Bill

   Sec. 1401.

   This program authorizes a new core Federal-aid funding program for the Highway Safety Improvement Program (HSIP) in section 148 of title 23.

   The Committee heard compelling testimony that further progress was needed to project the safety of the traveling public. While rates of highway fatalities have decreased in recent years, 42,000 Americans still lose their lives on the nation's highways each year. In response, the committee has elected to create and apportion funds for a new core program, the Highway Safety Improvement Program. Recognizing that needs and circumstances vary in each State, the committee has sought to provide flexibility to the States on how the new program funds are spent. To ensure that such flexibility is well applied, the Committee will require each State to develop a safety plan and restrict spending under the program to projects or activities arising from that plan.

   Section 133 of title 23, is amended by eliminating the current provision that requires States to set-aside a minimum of 10% of Surface Transportation Program funds for safety programs. Section 148 is subject to three set-asides: (1) $178,616,352 for the elimination of hazards and the installation of protective devices at railway-highway crossings; (2) $22,327,044 for the improvement of traffic signs and pavement markings to accommodate older drivers and pedestrians, and (3) $62,515,723 for the Safe Routes to Schools program under section 150 of title 23.

   Section 1401 eliminates the Hazard Elimination Program under Section 152 of title 23, and incorporates it into 23 USC 148 the new HSIP. Additional categories eligible for funding under this section have been added to what is currently eligible under subsection (f) and (g) of section 152, title 23.

   The HSIP directs State transportation departments to establish and implement a State strategic highway safety plan in their State. In order to receive funds for this program, States must have a process in place to analyze highway safety problems and opportunities and to produce strategies to mitigate identified safety problems. States must also submit an annual report to the Secretary that identifies hazardous locations and elements, and assesses the costs and impediments to eliminating the hazards.

   States that have developed a strategic highway safety plan are also permitted to use up to 25% of their section 148 funds on safety projects carried out under any other section of title 23 as long as the project is consistent with the State's strategic highway safety plan.

   The development of a strategic highway safety plan does not require changes in existing planning processes, plans, or programs of other State transportation or highway safety agencies.

   Sec. 1402.

   This section increases the funding level for Operation Lifesaver from $500,000 to $535,849 for each fiscal year and moves the source of funding from the Surface Transportation Program to section 148, the Highway Safety Improvement Program.

   Conference Substitute

   The Conference adopts the Senate provision with modifications. The program set-asides within the Senate HSIP structure were modified: (1) to eliminate the set-aside for the Safe Routes to School program, making it a separately funded program; (2) eliminating the mandatory set-aside for bicycle and pedestrian improvements; (3) added a set-aside of $90,000,000 annually for construction and operational improvements on high risk rural roads; (4) increasing the set-aside for the installation of protective devices at railway-highway crossings to $220,000,000; and (5) increasing the set-aside for Operation Lifesaver to $560,000.

   With regards to the State strategic highway safety plans, States are given until October 1, 2007 to develop the plan. If such a plan has not been developed by October 1, 2007, a State's HSIP apportionment for subsequent fiscal years will be frozen at fiscal year 2007 levels, until the State completes development of the strategic highway safety plan. States that have developed a strategic highway safety plan and also certify to the Secretary that they have met their State's needs relating to railway-highway crossings and infrastructure highway safety improvement projects, are also permitted to use up to 10% of their HSIP funds on safety projects carried out under any other section of title 23 (e.g. section 402 Highway Safety programs), consistent with the State's strategic highway safety plan. If a State certifies that it has met all of its needs for installation of protective devices at railway-highway crossings, the State may use funds set-aside for section 130 Railway-Highway Crossings to pay for any other safety projects eligible under the HSIP, consistent with that State's strategic safety plan. If a State certifies that it has met all of its needs for construction and operational improvements on high risk rural roads, the State may use funds set-aside for that purpose to pay for any other safety projects eligible under the HSIP, consistent with that State's strategic safety plan. The high risk rural roads program requires the Secretary to ensure States set aside an aggregate of $90 million a year to improve the safety of rural roads. The Conferees intend for the set-aside to be applied proportionally to each States' share of the HSIP apportionment.

   With regards to the distribution formula used to apportion funds for the HSIP program to the States, the Conference abandons the Surface Transportation Program formula previously used to distribute funds for sections 152 and 130. Adopted in its place is the following formula for distributing funds apportioned for the HSIP program: 1/3 of the funds are apportioned based on each State's percentage of lane miles of Federal-aid highways; 1/3 of the funds are apportioned based on each State's percentage of vehicle miles traveled on Federal-aid highways; and 1/3 of the funds are apportioned based on the each State's percentage of fatalities on the Federal-aid system. Additionally, of the amounts set-aside from the HSIP for the elimination of hazards and the installation of protective devices at railway-highway crossings under section 130(e), 1/2 of the funds are apportioned based on the formula set forth in section 104(b)(3)(A) and 1/2 of the funds are apportioned based on each State's percentage of railway-highway crossings.

   SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC

   House Bill

   Sec. 1402.

   The Secretary shall, within one year, issue regulations requiring workers whose duties place them in close proximity to a Federal-aid highway to wear high visibility garments.

   Senate Bill

   Sec. 1408.

   This section ensures increased worker safety and assists with the free flow of vehicular traffic.

   This section directs the Secretary to promulgate regulations recommending workers near a Federal-aid highway to wear high-visibility clothing, and to recommend any other worker-safety measures that the Secretary deems necessary to minimize worker injuries and maintain the free flow of vehicular traffic.

   Conference Substitute

   The Conference adopts the House provision and finds the provisions in both the House and Senate to be substantially equivalent.

   SEC. 1403. TOLL FACILITIES WORKPLACE SAFETY STUDY

   House Bill

   Sec. 1807.

   This section directs the Secretary to conduct a study to determine the safety of highway toll collection facilities for toll collectors who work in and around such facilities. It requires the Secretary to submit within 1 year a report on the results of the study and recommendations for improving workplace safety at toll facilities to the congressional committees of jurisdiction.

   Senate Bill

   Sec. 7214.

   This program is reauthorized for FYs 2006 through 2009 at an average annual funding level of $142 million. These programs focus on the research and development of safety countermeasures related to impaired driving, occupant protection, traffic law enforcement and criminal justice, licensing, motorcycle, pedestrian, bicycle, teen drivers and emergency medical services. The States use this research to model their safety programs for the most impact on saving lives and reducing injuries. This section also would provide $24 million a year to NHTSA to launch

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national advertising campaigns to increase seat belt use and reduce drunk driving during holiday periods. Launching these advertising campaigns at the national level is much more cost effective than individual States buying advertising at the local level.

   Conference Substitute

   The Conference adopts the House provision. It is the intent of the conference that those agencies operating such toll facilities shall, at the request of the Secretary, provide data as necessary to adhere to this provision.

   SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM

   House Bill

   Sec. 1122(a).

   This section establishes two new programs--a Safe Routes to School Program and a Nonmotorized Transportation Pilot Program.

   Subsection (a) establishes a Safe Routes to School Program for the benefit of children in primary and middle schools. The purposes of the program are to enable and encourage children, including those with disabilities, to walk and bicycle to school; to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and to facilitate the planning, development and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

   Funding is made available by formula to state departments of transportation on the basis of student enrollment in primary and middle schools. No state will receive less than $2 million annually. Funds will be used by the state to provide financial assistance to state, local and regional agencies, including nonprofit organizations, which demonstrate an ability to meet the requirements of this section.

   The program funds two distinct types of projects: infrastructure projects and non- Ðinfrastructure related activities. States should be encouraged to create competitive application forms, criteria, and evaluations that are appropriate for the two different types of projects.

   The creation of a state level safe routes to school coordinator position provides a central point of contact for the program. Funding for the state level safe routes to school coordinator position is not included in the 10 to 30 percent of funds required to be used for non-infrastructure related activities under this subsection. The state coordinator's position is to be funded from the balance of the state's safe routes to school funds.

   The safe routes to school clearinghouse provides an important opportunity to insure successful implementation of the program. As a new program, states will be interested in guidance on implementing the program effectively and efficiently. The clearinghouse can provide case studies, gather and disseminate information, track implementation, and monitor the program.

   Given the broad scope of safe routes to school activities, the Committee acknowledges the need to include a broad range of agencies and organizations in the Task Force authorized by this section. In addition to representatives from federal agencies, additional task force members could include representatives from state and local agencies as well as relevant non-profit organizations and associations including organizations or associations that represent automobile drivers.

   Senate Bill

   Sec. 1405.

   This section creates a new Safe Routes to Schools Program, section 150 of title 23. The Secretary shall establish and carry out a safe routes to schools program for the benefit of children who walk and bicycle to school.

   The Safe Routes to Schools program works towards this goal by making bicycling and walking a safer and more appealing transportation alternatives. For this program, the Secretary shall set-aside $65,704,024 from section 148 to facilitate the planning, development, and implementation of projects and activities that will improve safety within two miles of primary and secondary schools. The Secretary shall distribute these funds using the formula established in section 148.

   Conference Substitute

   The Conference adopts the House provision with a modification to reduce the minimum state apportionment to $1 million.

   SEC. 1405. ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND PEDESTRIANS