Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users
Download 3.76 Mb.
|
|
Evaluation and information sharing are important aspects of the CMAQ program, and should be used to direct CMAQ funding toward the most cost-effective projects and programs. CMAQ funding can be used to innovative projects that contribute to improved air quality. If a particular type of project is successful in achieving emissions reductions, the goals of the program are furthered if that information is shared widely with other nonattainment and maintenance areas. DOT, in consultation with EPA, must consider the NAS report recommendations and finding to improve the operation and evaluation of the program. The committee's interest is to ensure that the information from previous effort and expense is used wisely. Conference Substitute The Conference adopts Senate provisions with additions and modifications. First, the Conference includes authorization to use CMAQ funds in areas that are required to prepare and file with the Administrator maintenance plans under the Clean Air Act. This provision is intended to benefit those areas that were designated nonattainment under the 1-hour ozone standard, which was revoked in June 2005, but are designated attainment for the new 8-hour ozone standard. These areas still must file maintenance plans for a period of time and while that is a requirement, the areas will be eligible to receive CMAQ funds. The adopted language amends the eligibility requirements to limit eligibility of transportation control measures and projects under section 108(f)(1)(A) of the Clean Air Act to those that are likely to contribute to a high level of effectiveness in reducing air pollution, where sufficient information is available in the database established by this section to make a determination of their relative effectiveness. The language also clarifies that only transportation systems management and operations that mitigate congestion and improve air quality are eligible activities. The requirement for States to develop emission reduction strategies, with the accompanying considerations, limitations and EPA guidance to support the strategies, is not adopted. EPA is still directed to publish guidance regarding diesel retrofit technologies and supporting technical information. The Senate language establishing a CMAQ funding priority is amended to include cost-effective congestion mitigation activities, in addition to diesel retrofits and other cost-effective emission reduction activities. The substitute clarifies that the priority need only apply to funds a State receives based on its population in nonattainment or maintenance areas. A State receiving the minimum apportionment under the program need not consider the priority when determining how to distribute that portion of CMAQ funds apportioned to the State to raise the State's funding to the minimum apportionment level. The priority is further clarified to ensure that governmental agencies retain existing authorities and roles in making final project selections. These clarifications to the original Senate priority language are intended to retain needed flexibility in utilizing CMAQ funds while providing States with direction to focus on cost-effectiveness as an important consideration in distributing program funds. The Conference retains Senate language encouraging interagency consultation on the estimated emission reductions from proposed CMAQ projects and requiring the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to evaluate and assess a representative sample of CMAQ projects for their effectiveness. The Conference adopts several CMAQ eligibility provisions for certain States authorizing: use in Montana of CMAQ funds for the operation of public transit activities that serve a nonattainment or maintenance area; use in Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio of CMAQ funds for the purchase of alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel; use in Michigan of CMAQ funds for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area; use in Maine of CMAQ funds to support operation of passenger rail service between Boston, Massachusetts, and Portland, Maine; and use in Oregon of CMAQ funds to support operation of passenger rail service between Portland, Oregon and Eugene, Oregon. Subtitle I--Miscellaneous SEC. 1901. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING FUNDING SOURCES IN TITLE 23 House Bill No comparable provision in House bill. Senate Bill Sec. 1903. Section 154 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) establishes the basis for erecting signs at Federally assisted highway projects identifying the source and amount of funding being used. This section transfers the provision to 23 U.S.C. 321 and makes a needed conforming amendment. Conference Substitute The Conference adopts the Senate provision. SEC. 1902. DONATIONS AND CREDITS House Bill No comparable provision in House bill. Senate Bill Sec. 1820. Section 323 of title 23 is amended to give States and local governments additional flexibility to match Federal funds and expedite project implementation. This provision expands section 323 to include the value of donated services provided by local government employees to be credited to the non-Federal share for projects funded under title 23 funds. Conference Substitute The Conference adopts the Senate provision. SEC. 1903. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 23 House Bill No comparable provision in House bill. Senate Bill Sec. 1904. This section sets forth the ``Buy America'' provision and designates it as 23 U.S.C. 321. The provision makes non-substantive, conforming amendments to the text needed because of the transfer, simplifies the text, and deletes an executed report requirement. Conference Substitute The Conference agrees with language from both the House and Senate bills. SEC. 1904. STEWARDSHIP AND OVERSIGHT House Bill Sec. 1105. This section amends the Financial Plan portion of section 106 of title 23 requiring states with a project that costs $500 million or more to submit an annual financial plan. Senate Bill Sec. 1802. This section requires the Secretary to establish an oversight program to monitor the effective and efficient use of funds authorized under title 23, with a specific focus on financial integrity and project delivery. The Secretary shall require the States to annually certify the adequacy of their financial management systems and project delivery systems to meet all requirements for financial integrity. As part of the financial integrity oversight, the Secretary is required to develop minimum standards for estimating project costs and to periodically evaluate States' practices for estimating project costs, awarding contracts, and reducing project costs. States are required to determine that subrecipients of Federal funds have sufficient accounting controls and project delivery systems. Under section 1802, recipients of Federal financial assistance are required to prepare an annual financial plan for projects that receive $100,000,000 or more in Federal financial assistance and that are not subject to the requirements for major projects. This section also mandates debarment of contractors who have been convicted of fraud related to Federal-aid highway or transit programs and suspension of contractors who have been indicted for offenses relating to fraud. In addition, it requires that portions of monetary judgments won in Federal criminal and civil cases against contractors pertaining to Federal-aid highway and transit program fraud be shared with the State or local transit agency injured by the fraud. Finally, this section requires a value engineering analysis, as defined in this section, for all projects over $25 million and bridge projects over $20 million. Conference Substitute The Conference agrees to accept provisions from both the House and Senate with modifications. The Secretary is required to establish an oversight program to monitor the effective and efficient use of funds with a specific focus on financial integrity and project delivery. States will have to annually certify their financial management systems and project delivery systems to meet all requirements for financial integrity. [Page: H7463] The conference adopted the House provision to require a project sponsor who receives Federal financial assistance and who has a total project cost of $500,000,000 or more be required to submit a project management plan and an annual financial plan for projects to the Secretary or for any project as determined by the Secretary. Finally, this section requires a value engineering analysis for any project on the Federal-aid system with an estimated cost of $25 million or more, for bridge projects $20 million or more, or for any other project the Secretary determines to be appropriate. SEC. 1905. TRANSPORTATION DEVELOPMENT CREDITS House Bill Sec. 1841. This provision allows states to use toll credits toward the states' match of a project. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING House Bill Sec. 1810. On February 27, 2001, in the Address to a Joint Session of Congress, President George W. Bush declared that racial profiling is ``wrong and we will end it in America''. The President issued a Memorandum for the Attorney General that directed the Attorney General to review the use of Federal law enforcement authorities use of race in conducting stops, searches, and other investigative procedures. In particular, the President asked the Attorney General to work with Congress to develop methods or mechanisms to collect any relevant data from Federal law enforcement agencies and to work in cooperation with state and local law enforcement agencies in order to asses the extent and nature of any such policies. In response to the efforts of the President to end the use of racial profiling, this section establishes a new incentive grant program to encourage states to enact and to enforce laws that prohibit the use of racial profiling in the enforcement of traffic laws on Federal-aid highways. The incentive grant program will assist the states with the compilation of data to support efforts to eliminate the use of race or ethnicity as a key factor in whether to make a traffic stop. Subsection (a) authorizes the Secretary to make a grant to a State that has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of traffic laws on Federal-aid highways. To be eligible for a grant, a State must maintain and allow public inspection of statistical information for each motor vehicle stop in the state showing the race and ethnicity of the driver and any passengers. Also, a State may receive a grant if the State provides assurances satisfactory to the Secretary that the State is undertaking activities that will lead to compliance with the requirements to this section. Subsection (b) authorizes the eligible activities for which a grant may be used by the State. In the case of a state eligible for a grant under subsection (a) (1), the grant may be used for: collecting and maintaining of data on traffic stops; evaluating the results of the data; and developing and implementing programs to reduce the occurrence of racial profiling. An eligible State receiving a grant by providing assurances to the Secretary that the State is undertaking activities that will lead to compliance with this section may use the grant for any eligible activity under this section. The collection, maintenance, and evaluation of data relating to traffic stops could be used to determine whether race has been a key factor in motor vehicle stops. According to the report published by the Comptroller General entitled Racial Profiling, more information is needed to determine the extent to which race, as opposed to other factors, is a key factor for traffic stops. Subsection (c) clarifies the meaning of racial profiling as it pertains to making routine or spontaneous law enforcement decisions, such as ordinary traffic stops. The racial profiling provisions under this section is not intended to affect the ability of law enforcement officers from considering race or ethnicity whenever there is trustworthy information available that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. Subsection (d) limits the maximum amount for which a state may receive a grant to not more than 5 percent of the amount authorized in a fiscal year to carry out this section. A state that provides assurances to the Secretary that the state is undertaking activities that will lead to compliance with the requirements of this section may not receive a grant in more than two fiscal years. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1907. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS House Bill Sec. 1808. This section directs the Secretary to conduct demonstration projects in Alaska and Tennessee to study the impacts of increasing the minimum width for pavement markings from four inches to six inches and report the results to Congress by June 30, 2009. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1908. INCLUSION OF CERTAIN ROUTE SEGMENTS ON THE INTERSTATE SYSTEM AND NHS House Bill Sec. 1839. This section amends 1105 (e)(5) of ISTEA to designate US 41 in Wisconsin as I-41. Senate Bill No comparable provision in Senate bill. Conference Substitute This provision was added in conference to makes two changes to section 1105 of ISTEA and to designate segments of the Interstate System and routes on the National Highway System. SEC. 1909. FUTURE OF SURFACE TRANSPORTATION SYSTEM House Bill Sec. 1123. This section establishes two commissions, one to study future revenue sources to support the Highway Trust Fund and another to study the future of the Interstate Highway System. Both commissions are established using the same criteria for the selection of the members. This section also amends section 101 of title 23 to include a declaration of policy regarding the study of the Interstate Highway System. The Commission on Future Revenue Sources to Support the Highway Trust Fund will study alternative short-term sources of revenue for the Highway Trust Fund, as well as evaluating alternative long-term sources of revenue to support the Highway Trust Fund. When studying the long-term sources, the Commission is directed to consider the findings, conclusions, and recommendations of a recent study completed by the Transportation Research Board of the National Academy of Sciences on alternatives to the user fee to support highway financing. The Commission is directed to develop ways to generate revenues to accomplish the requirements of section 1125; oversee a comprehensive investigation of alternatives to replace the user fee as the principal source of revenue for the Highway Trust Fund; consult with the Secretaries of Transportation and Treasury to ensure that their views concerning essential revenue alternatives are understood; consider State transportation agencies views on alternative revenue sources for the Highway Trust Fund; and make specific recommendations regarding their findings and necessary actions to Congress. When considering alternative sources of revenue, the Commission shall address the advantages or disadvantages of alternative revenue sources and identify the most promising revenue sources to support long-term financing requirements. The Commission shall also establish a time frame for which the necessary actions must be taken and a broad transition strategy to move from the current user fee base to new funding mechanisms, including the time frame for the transition strategy. Not later than September 30, 2005, the Commission shall transmit to Congress a report on revenues to support actions necessary to meet the requirements of section 1125. The Commission has until September 30, 2006 to transmit to Congress a report on the alternative long-term sources of revenue for the Highway Trust Fund. The Commission on the Future of the Interstate Highway System will study the current condition and future of the Dwight D. Eisenhower National System of Interstate and Defense Highways (the ``Interstate System''). The study will include a conceptual plan with alternative approaches for the future of the Interstate System and will assure that the Interstate System will continue to serve its National needs. The Commission is directed to consider the views of State transportation agencies and make specific recommendations regarding design standards, Federal policies, and legislative changes that must be made to assure that national interests in meeting future needs are addressed. When conducting the study, the Commission is specifically directed to address all issues that could impact the Interstate system including, demographics; usage; natural disasters; design standards; system-wide needs; potential expansion, upgrades, or other changes; community values; environmental issues; and system performance. The Commission has until September 30, 2006 to transmit to Congress a report on the results of the study. Senate Bill Sec. 1202. Actions under this section shall address the future transportation needs in the interest of preserving and enhancing the surface transportation system to meet the needs of the United States for the 21st Century. Section 101 of title 23 is amended by changing the declaration of policy to include additional language to support the transportation needs of the 21st century. The Secretary shall conduct a complete investigation and study of the current conditions and the future needs of the surface transportation system. This section describes the [Page: H7464] specific issues to be addressed and what shall be reported to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. Conference Substitute The Conference adopts language from both the House and Senate provisions. This section establishes a 12 member commission comprised of individuals with knowledge and experience in the area of surface transportation policy and revenue who will make recommendations to Congress about the future transportation policy considerations that will need to be considered in future legislation. The Commission will conduct a comprehensive, thorough study of current and future needs of the surface transportation system, short and long term revenue sources and alternatives, other forms of revenue that might be needed, and the impact changing dynamics will have upon the Highway Trust Fund and other revenue sources. A plan to address these needs will be presented in coordination with the Secretary and other government entities across the United States. SEC. 1910. MOTORIST INFORMATION CONCERNING FULL SERVICE RESTAURANTS House Bill Sec. 1803. This section requires the Secretary to do a rulemaking to determine whether to give priority to full service restaurants on at least two of the panels for highway food service signs. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1911. APPROVAL AND FUNDING FOR CERTAIN CONSTRUCTION PROJECTS House Bill No comparable provision in House bill. Senate Bill Sec. 1829. This provision allows the State of Georgia to receive project approval by the Secretary for the project stated in the bill. This project was previously listed on the State's Transportation Improvement Plan and was erroneously removed, subsequently, not eligible for project approval. Conference Substitute The Conference adopts the Senate provision. SEC. 1912. LEAD AGENCY DESIGNATION House Bill Sec. 1819. This section specifies that a specific agency in California be the lead agency for a highway project authorized in 1991. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1913. BRIDGE CONSTRUCTION, NORTH DAKOTA House Bill No comparable provision in House bill. Senate Bill Sec. 1832. This provision increases the Federal share for a specific bridge project in North Dakota from 80 percent to 90 percent. Conference Substitute The Conference adopts the Senate provision. SEC. 1914. MOTORCYCLIST ADVISORY COUNCIL House Bill Sec. 1831. This section establishes an advisory council to address relevant highway infrastructure issues as they relate to motorcyclists. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1915. LOAN FORGIVENESS House Bill Sec. 1818. This section specifies that a loan has satisfied its repayment obligations. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1916. TREATMENT OF OFF RAMP House Bill Sec. 1817. This section specifies that an off-ramp in California meets the requirements of title 23 that govern the approval of the placement of ramps off a Federal-aid Highway. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference agrees to the House provision. It is the Committee's intent that notwithstanding any other provision of law, the New Harbor Boulevard North Off-Ramp project along the Interstate 405 Collector-Distributor Road in Costa Mesa, California (Susan Street Slip Ramp) is hereby deemed to satisfy all Federal requirements, and the California State Department of Transportation shall authorize any final environmental, engineering, or design analyses necessary to approve, as expeditiously as possible, construction of the project consistent with applicable California State Operational and Safety standards. Download 3.76 Mb. Share with your friends:
|