Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users
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It is the Sense of the Congress that funds released from demonstration projects are required to reprogram those funds into the same geographic area for which they were originally allocated. SEC. 1604. TOLLING The Conference agrees to combine all tolling programs under one section. House Bill Sec. 1209. This section amends the congestion pricing pilot program established under the Intermodal Surface Transportation Equity Act of 1991 to expand the authority to conduct such projects to all States, although the number of congestion pricing pilot projects is limited to 25. The limit of 25 projects includes all projects previously approved under this section (prior to the enactment of TEA LU) that collect tolls. This section also requires that any congestion pricing toll programs include a program for low-income drivers to pay a reduced toll. This section also sets aside $3 million a year for congestion pricing programs that do not include tolls. Senate Bill Sec. 1827. This section amends section 1012(b) of ISTEA by continuing the program for fiscal year 2005 and each fiscal year thereafter. Conference Substitute The Conference agrees to continue the 15 tolling programs under current law and set aside one third of the total funding for the 15 programs to go toward non-tolling programs. House Bill Sec. 1603. This section establishes an interstate system reconstruction and rehabilitation pilot program similar to the one authorized in TEA 21. The new program is limited to three facilities and requires states to show that tolling is the most efficient and economical way to finance the project. The previous program required that states prove that tolling was the only way to finance the interstate reconstruction or rehabilitation project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount. Senate Bill This section amends section 1216(b) or TEA-21 to expand the criteria by which [Page: H7460] states can apply. It is further amended by only allowing the state of Virginia to be eligible for funding under this program if accepted. Conference Substitute The Conference agrees to drop both provisions and continue current law. House Bill Sec. 1604. This section establishes a new pilot program for projects involving the construction of new interstate facilities. The program is limited to three facilities (multi-state corridor projects may be considered as one facility) and states must show that tolling is the most efficient and economical way to finance the project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount. It is the Committee's intent that this program be used only for the construction of new interstate facilities and that the pilot program authorized in Section 1603 be used only for rehabilitation and reconstruction of existing interstate facilities. Senate Bill No comparable provision in the Senate bill. Conference Substitute The Conference adopts the House provision. Sec. 1609. House Bill No comparable provision in the House bill. Senate Bill This section modifies the Interstate System Reconstruction and Rehabilitation Program and establishes a new Fast and Sensible Toll Lanes Program. The Interstate System Reconstruction and Rehabilitation Pilot Program, established in TEA-21 is amended to ease the eligibility criteria for participation in the pilot program. The Fast and Sensible Lanes Program replaces the Value Pricing Pilot Program under TEA-21. The change to the Interstate System Reconstruction and Rehabilitation Pilot Program eases the requirement for States to demonstrate that financing the improvements through tolls is the most efficient, economical, or expeditious way to advance the project. It is the intent of the committee that States may use variable pricing under this program. The pilot program remains limited to 3 facilities in 3 different States. A modification to this section designates that one of the facilities be located in Virginia. This section also establishes the Fast and Sensible Toll (FAST) Lanes program to manage congestion, reduce emissions in a nonattainment or maintenance area, or to finance the addition of one or more lanes to an interstate to reduce congestion. The Secretary may permit a State to place tolls on highway, bridge or tunnel that are facilities that currently collect tolls, existing HOV facilities, or facilities that are upgraded for additional tolled capacity. Revenues may be used for debt service on highway or transit projects, a reasonable return on investment of any private financing, operational and maintenance costs, or any other purpose related to highway or transit projects under titles 23 or 49. The program also allows for the States to vary in price a toll according to time of day or level of traffic, as appropriate to manage congestion or improve air quality. To be eligible to participate in this program, a State must provide to the Secretary a description of the congestion and air quality problems to be addressed, a description of the congestion and air quality problems to be addressed, and the goals to be achieved. The committee realizes that commercial trucks utilize more capacity on roads than other vehicles, and States may toll trucks under this program to fairly reflect the additional capacity that they utilize on a facility. It is not the intent of the committee for States to unfairly charge trucks under a variable toll pricing program. This section also permits any State or public authority currently operating under the authority of a cooperative agreement developed under the value pricing pilot program from TEA-21 to continue under the terms of that agreement and states that any State or public authority shall be allowed to continue tolling under that authority. Conference Substitute The Conference agrees to the Senate provision with a modification that this program will be a pilot program. The name of this program is changed to ``EXPRESS Lanes''. Subtitle G--High Priority Projects SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM House Bill Sec. 1701. This section updates the current high priority projects program to reflect the funding and year-by-year allocations provided in TEA LU. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House version. SEC. 1702. PROJECT AUTHORIZATIONS House Bill Sec. 1702. This section lists the State, project description, and dollar amount for each high priority project. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision with additional projects listed. SEC. 1703. TECHNICAL AMENDMENTS TO TEA-21 PROJECTS House Bill Sec. 1822. This section makes changes to projects authorized in TEA-21. Senate Bill Sec. 1835, Sec. 1836. These sections make changes to projects authorized in TEA-21. Conference Substitute The Conference agrees to accept all technical changes provided in the sections from both bodies. Subtitle H--Environment SEC. 1801. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES House Bill Sec. 1114. Subsections (a) and (b) codify the existing Ferry Boat Discretionary Program authorized in Section 1064 of ISTEA. Subsection (c) requires the Secretary to establish a national ferry database. It is the Committee's intent that the information collected and maintained in this database will be used as part of the decision making process for funding allocations under this program. Senate Bill Sec. 1204. This bill codifies the Ferry Boat Program and requires the Secretary to carry out a program for the construction of ferry boats and ferry facilities in accordance with section 129(c). The section specifies projects to be given priority. In allocating these funds, the Secretary shall give priority to ferry boat services that carry the greatest number of passengers and vehicles, as well as those that provide critical access to areas that are not well-served by other modes of transportation. Conference Substitute The Conference agrees to accept and merge both provisions. SEC. 1802. NATIONAL SCENIC BYWAYS PROGRAM House Bill No comparable provision in House bill. Senate Bill Sec. 1602. This section amends section 162 of title 23, the National Scenic Byways Program. Section 162 of title 23 is amended to recognize that the Secretary already promotes a collection of National Scenic Byways and All-American Roads as `America's Byways.' If State and byway representatives reach consensus on establishing a single designation category, then these amendments will provide the Secretary with the authority to use any of the three terms--National Scenic Byways, All-American Roads, or America's Byways--as the single designation. A new subsection is added to authorize the Secretary to form public-private partnerships to carry out technical assistance, marketing, market research, and promotion with respect to National Scenic Byways, All-American Roads, or America's Byways. The National Scenic Byways and All-American Roads currently are promoted collectively as America's Byways. Conference Substitute The Conference adopts the Senate provision with the modification to drop subsection (d) Research, Technical Assistance, Marketing, and promotion. SEC. 1803. AMERICA'S BYWAYS RESOURCE CENTER House Bill Sec. 1811. This section reauthorizes the America's Byways Resource Center. The Byways Resource Center provides technical support and conducts educational activities for the National Scenic Byways program. Technical support and educational activities will provide local officials and organizations with proactive, technical, and on-site customized assistance, including training, communications (including a public awareness series), publications, conferences, on-site meetings, and other assistance considered appropriate to develop and sustain Scenic Byways and All-American Roads. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 1804. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION House Bill No comparable provision in House bill. Senate Bill Sec. 1812. This section authorizes the Secretary to make grants to States for covered bridges that are listed or eligible for listing on the National Register of Historic Places. Subject to the availability of appropriations, the Secretary shall make grants to States demonstrating a need for assistance in carrying out 1 or more historic covered bridge projects described in this section. Conference Substitute The Conference adopts the Senate provision. [Page: H7461] SEC. 1805. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES House Bill Sec. 1820. This section specifies that any debris from a demolished Federal-aid bridge or overpass can be used for beneficial public use by Federal, State, and local governments. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision with a modification. SEC. 1806. ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR STATES WITH INDIAN RESERVATIONS House Bill No comparable provision in House bill. Senate Bill Sec. 1826. Section 1826 increases funding for roads that are adjacent to or provide access to Indian reservations. This section increases funds that supplement maintenance funds provided by the Bureau of Indian Affairs from $1,500,000 to $1,607,547 for fiscal years 2005 through 2009. The committee intends these funds to be shared equally by States (except Arizona) that have Indian reservations larger than 10 million acres. These funds shall be used for roads that are adjacent to or provide access to Indian reservations, as well as roads used by a school bus to transport children to a school or Headstart program. Conference Substitute The Conference adopts the Senate provision. SEC. 1807. NONMOTORIZED TRANSPORTATION PILOT PROGRAM House Bill Sec. 1122(b). This section establishes two new programs--a Safe Routes to School Program and a Nonmotorized Transportation Pilot Program. Subsection (b) establishes a Nonmotorized Transportation Pilot Program to construct a network of nonmotorized transportation infrastructure facilities in four communities to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load. This program is designed to develop the statistical information necessary to properly evaluate the impact of investments in nonmotorized travel and increases in pedestrian and bicycle trips on congestion, energy usage, clean air and public health. It recognizes that only complete, comprehensive and connected networks of nonmotorized transportation facilities will provide the opportunity for the pedestrian and bicycle usage needed for the measurement of impacts. In making grants, the Secretary may select public agencies that are suitably equipped and organized to carry out the requirements of this subsection. An agency that receives a grant under this subsection may work with and provide grant funds to a nonprofit organization to assist in carrying out the program. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference adopts the House provision with a modification to name four communities to carry out the pilot program. The Minnesota Department of Transportation shall provide funds for the Minneapolis non-motorized pilot program grant to Transit for Livable Communities. SEC. 1808. ADDITION TO CMAQ-ELIGIBLE PROJECTS House Bill Sec. 1210. This section clarifies that transportation system management and operations are an eligible activity under this program. Sec. 1833. This section specifies that advanced truck stop electrification system is an eligible activity under CMAQ. Senate Bill Sec. 1612. Subsection (a) of section 1612 makes the following projects and programs eligible activities under the CMAQ program: the purchase of alternative fuel (as defined in the Energy Policy Act of 1992) and biodiesel fuel; the purchase of integrated, interoperable emergency communications equipment; diesel retrofit technologies for on-road vehicles and non-road vehicles and engines used in construction projects located in ozone or particulate matter nonattainment or maintenance areas and funded in whole or in part under Title 23; and outreach activities to provide information and technical assistance to the owners and operators of diesel equipment and vehicles. Subsection (b) of this section ensures that States that receive the minimum apportionment can use CMAQ money to fund projects for the purpose of congestion mitgation or improving air quality, instead of only being able to use CMAQ dollars for projects that can be funded under the surface transportation program. Subsection (c) of this section provides for reducing air emissions from the construction equipment used in projects funded under Title 23 by requiring emission reduction strategies. The subsection includes requirements and limitations to be applied in these strategies, but does not affect a State's current authority under the Clean Air Act. EPA is directed to publish guidance to support the development of the strategies. Finally, the subsection establishes a funding priority for diesel retrofits and other cost-effective emission reduction activities identified in the strategies developed under the section. Subsection (d) authorizes the State of Maine to use CMAQ funds for the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine. Subsection (e) authorizes the State of Montana to use CMAQ funds for the operation of public transit activities that serve a nonattainment or maintenance area. Currently, CMAQ funds can be used for a wide array of purposes designed to improve air quality, including improvements to transit systems, capital improvements to ITS projects, bicycle and pedestrian facilities, traffic flow improvements, alternative fuel infrastructure, inspection and maintenance programs, and shared ride services. The Clean Air Act (CAA) and EPA encourage the use of alternative fuels to assist areas in reducing criteria pollutants. CMAQ provisions in TEA-21/ISTEA include a specific subsection authorizing the use of CMAQ funds on alternative fuel infrastructure. Section 1612 further facilitates the use of alternative fuels by also allowing purchase of alternative fuels with CMAQ funds. The purchase of integrated, interoperable emergency communications equipment with CMAQ funds is also authorized under this subsection. Subsection (b) of this section remedies an oversight that exists in the current law by providing States that receive the minimum amount of CMAQ funding the ability to use the money for air quality and congestion mitigation projects, if they so choose. States that receive the minimum apportionment either do not have nonattainment and maintenance areas, or have a nonattainment or maintenance area with a small enough population that they would only receive the guaranteed minimum 1/2 of 1 percent based on the population apportionment formula. This section of the bill allows these States to fund CMAQ-type projects with their CMAQ funds. It allows these areas to fund projects that would otherwise be eligible under section 149(b), regardless of the fact that section 149(b) specifically states that the eligible projects may only be funded in nonattainment or maintenance areas. This change is in keeping with the overall purpose of the CMAQ program. Just as the bill adjusts the CMAQ apportionment formula to reflect the importance of reducing fine particulate matter (PM2.5), section 1612(c) adjusts the list of eligible activities to include cost-effective means of reducing PM2.5. Specifically, this subsection addresses emissions from construction equipment (both on-road and non-road) used in Federally-funded highway projects. Reducing emissions from long-term construction activities in the middle of a non-attainment area will provide great improvements to the immediate non-attainment area. For example, in 2000, the Massachusetts Department of Environmental Protection estimated that in five years the diesel retrofit program instituted at the Central Artery Tunnel Project in Boston would reduce construction emissions, including PM2.5, by an amount equivalent to eliminating 96 million truck miles or removing 1,300 diesel-powered public buses for a year. These activities are also very cost-effective, particularly as compared to the cost-effectiveness of other CMAQ-eligible projects. For example, early estimates by the Environmental Protection Agency are that retrofitting a diesel engine bulldozer costs $15,000-20,000 per ton of fine particulate matter reduced. In contrast, the Transportation Research Board reported in its 2002 assessment of the CMAQ program that traditional CMAQ activities cost significantly more per ton of pollution reduced (bicycle and pedestrian facilities at $84,100 per ton; telework programs at $251,800 per ton; and park-and-ride lots at $43,000). The Senate is also aware that some confusion remains in DOT and EPA field and regional offices regarding whether projects to control the extended idling of vehicles, such as advanced truck stop electrification projects, are eligible for CMAQ funding. Such confusion has led to delays in project approvals. Advanced truck stop electrification projects dramatically reduce emissions, and therefore improve air quality, by allowing long-haul drivers to turn off their engines during extended stops (e.g., during USDOT-mandated rest periods); mitigate congestion by providing drivers timely information regarding road congestion and alternative routes; enhance energy independence by reducing diesel fuel consumption; enhance highway safety by providing drivers a quieter, more restful sleep environment; and reduce noise impacts to nearby neighborhoods. Furthermore, advanced truck stop electrification projects can qualify for CMAQ funding, whether they are implemented through public-private partnerships; involve private ownership of land, project facilities or other physical assets, emission reduction credits and offsets; or are located on public or private land or rights-of-way. Such programs are clearly authorized under section 108(f)(1)(A)(xi) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)(xi) and associated Federal guidance (65 Fed. Reg. 9040 (Feb. 23, 2000)). Therefore, the committee directs the Secretary of Transportation and the Administrator of the Environmental Protection Agency to issue [Page: H7462] guidance to all appropriate Federal, State and local agencies that interpret and implement CMAQ and/or Clean Air Act programs informing such agencies as to the foregoing. Section 1613 requires the Secretary to encourage States and metropolitan planning organizations (MPOs) to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emissions reductions from proposed congestion mitigation and air quality improvement programs and projects. The purpose of the Congestion Mitigation and Air Quality Improvement program is to help States meet their air quality goals of attaining or maintaining the air quality standards. This section has been added to acknowledge that State and local air quality agencies have valuable input with regard to which projects can best serve this purpose in their particular areas, and their participation in selecting projects, while not mandated, is to be encouraged. States, MPOs, and transit agencies, in consultation with State and local air quality agencies, are encouraged to work cooperatively in developing criteria for project selection and in making decisions over which projects and programs to fund under the CMAQ program. Section 1614 requires DOT to evaluate and assess a representative sample of CMAQ projects in consultation with EPA, maintain and disseminate a database of CMAQ projects, and consider the recommendations and findings of the NAS CMAQ report in consultation with EPA. 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