October 20, 2003:
Representative Don Young (R-Alaska), Chair of the House Transportation and Infrastructure Committee, introduced legislation to reauthorize federal transportation legislation, known as TEA-21. Although a more detailed analysis will be developed soon, the bill appears to contain some important provisions for BRT.
"Small Starts" program: the bill creates a new program for transit projects between $25 million and $75 million in federal share. These projects could take advantage of a streamlined approval process, allowing them to be built more quickly.
"Fixed Guideway" definition: the bill changes the definition of "fixed guideway" for purposes of the small starts program. Under the new definition, a BRT project would qualify for funding if at least half of the route is along a dedicated right of way, and if the right-of-way is exclusive to BRT for at least some of the day. Thus, a BRT system could enjoy exclusive use of a dedicated lane during rush hour and shared use of the lane during non-rush hour.
This is an important change. Under current law, New Starts funding is limited to purely "fixed guideway" projects, making it difficult for BRT to qualify.
However, this change does not go far enough. It applies only to "Small Starts" projects -- not to projects above $75 million. Thus, under Chairman Young's bill, the law would still favor rail for projects above $75 million, because only rail clearly qualifies as a "fixed guideway." Some BRT projects might qualify if they operate exclusively on a dedicated right of way, but they would lose the flexibility to operate off of that right of way.
Chairman Young's bill is a step in the right direction. It is time, however, to level the playing field in the New Starts program and give every technology the opportunity to compete for New Starts funding based upon performance. The Bush Administration has proposed elimination of the "fixed guideway" requirement for the entire New Starts program. This is a better approach that will enable the best technologies to be selected by particular communities.
Click here for a copy of the bill.
The following are important principals for TEA-21 reauthorization:
National Mobility: TEA-21 reauthorization should expressly recognize that mobility for everyone, not just people who drive cars, is an important national goal that supports economic vitality and national security. Policies should be aligned to ensure that we have redundant transportation systems that provide people with real options in their daily lives.
"New Starts" Funding -- a Level Playing Field: BRT projects should be funded through FTA's New Starts program and should be required to go through the same procedural steps as other New Starts projects. BRT should be allowed to compete with other eligible projects, enabling communities to choose the transportation investments that are right for them based upon their performance, not upon whether they fit an arbitrary statutory definition.
Specifically, New Starts funding should be made available for projects that meet specific performance criteria for enhanced ridership, reduced congestion, increased environmental protection, ability to attract economic investment, and other factors. New Starts funding should not be limited, as under current law, to projects that operate along a "fixed guideway." This is an arbitrary definition that takes away the flexibility of BRT and does not account for the speed and other performance improvements that can be achieved outside in a non-fixed guideqay environment. If BRT can achieve performance comparable to a fixed guideway system without relying exclusively on a fixed guideway, it should not be denied access to New Starts funding.
Increased Funding Level: Demand for transit is fast outgrowing the available funding. Thus, guaranteed funding levels should be increased to provide communties with the resources needed to meet transit demand. Funding should be increased to $14 billion annually, a level supported by the American Public Transportation Association (APTA), the American Association of State Highway Transportation Officials (AASHTO), the Amalgamated Transit Union (ATU), and others interested in improving public transportation.
Maintain Federal Share in New Starts: There is a strong federal interest in mobility, a cleaner environment, and energy security. Yet, due to lack of funding, many communities have been required to contribute far more than the 20% match required by law under New Starts. The federal government should maintain its 80% match, ensuring that all communities have the ability to invest in the transportation systems of the future.
Equity with Road Projects: All transportation projects should compete on a level playing field. Although highway projects currently receive an 80% federal share, there are some who believe that transit projects should receive only a 50% share. This will only tilt the scales further in favor of road building and will lead to more pollution and congestion. If the federal share for transit projects is changed, the federal match for highway projects also should be changed.
Enhance Other Funding Sources: Funding for other programs, such as the Bus Capital and Urbanized Area Grant programs, should be increased to provide a meaningful source of funds for innovative transit projects, like BRT. Funding also should be increased for flexible funding programs, like the Congestion Mitigation and Air Quality Program (CMAQ).
Vehicle and System Standards: BRT vehicles and systems are highly specialized and advanced, using modern propulsion systems, precision docking, advance fare collection, level boarding, intelligent transportation, and many other technologies not found on ordinary city buses. Funding should be made available to facilitate the development of standards and best practices for BRT vehicles.
Equitable Tax Policies: Tax policies should recognize the many benefits of using public transportation. Despite progress in this area, tax policy continues to favor driving over public transportation. In fact, as recently reported by the Washington Post (July 8, 2002), free and low cost parking in the Washington region is one of the main incentives causing people to drive rather than take public transportation.
Innovative Financing and Contracting: Public transportation is becoming such a concern that even the private sector is beginning to finance, build, and operate public transportation systems. Federal law should encourage further private sector involvement by removing disincentives to create public/private partnerships. Specifically: (a) the FTA's full funding grant agreement process should be revised to encourage private sector involvement and risk-taking, and to reduce unecessary delays, without jeopardizing public funds or the public's ability to voice environmental or other concerns; (b) the tax code should be examined to ensure that it does not create barriers to financing or private sector involvement; and (c) the Transportation Infrastructure Finance and Innovation Act (TIFIA) should be reauthorized and enhanced to encourage more private investment, where appropriate.
Better Coordination with Specialized Transportation Services: Better coordination with transit programs like BRT could enhance mobility and service for many Americans, such as the elderly and disabled, who rely upon specialized transportation programs. Currently, these programs often are inefficient and complicated to use, making mobility more challenging customers and more expensive for taxpayers.
Improved Planning: Although progress has been made through the Metropolitan Planning Organization (MPO) process, more work needs to be done to better integrate land use, environmental, and transportation planning. For example, more coordination and planning at the state level could lead to more integrated and efficient transportation systems and cleaner air.
Better Community Integration: Funding should be increased for safe and efficient routes and paths to and from transit facilities. The ease with which people can get to and from transit is an important component in the overall success of any transit system.
Clean Fuels Formula Grant Program: This program should be reauthorized and funded, encouraging the purchase of low and zero emission vehicles for bus and BRT systems.