federal public transportation act of...
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FEDERAL PUBLIC TRANSPORTATION ACT OF 2012
The public transportation piece of the bill
(1) maintains current funding levels (2) improves safety oversight (3) addresses the condition of nation’s public transportation system’s assets (4) consolidates programs (5) streamlines the construction of public transportation projects
FEDERAL PUBLIC TRANSPORTATION ACT OF 2012
Authorizes $10.584 billion for FY 13
$10.701 billion for FY 14 for transit, of which
$8.478 billion and $8.595 billion are out of the
Mass Transit Account of the Highway Trust Fund
PUBLIC TRANSPORTATION SAFETY PROGRAM
49 U.S.C. 5329
The bill provides the Department a
considerable portion of the authority requested by the Secretary to put in place a Federal safety program for
rail-transit systems.
PUBLIC TRANSPORTATION FORMULA PROGRAMS
• State of Good Repair Grants • Formula Grants for the Enhanced Mobility of
Seniors and Individuals with Disabilities • Urbanized Area Formula Grants Program • Formula Grants for Rural Areas • Bus and Bus Facilities Formula Grants • Growing States and High Density States
Formula Program
STATE OF GOOD REPAIR 49 U.S.C. 5337
• Modernizes and renames the current fixed guideway modernization program
• Goal • to move the nation’s public transportation systems
toward a state of good repair, and • maintain those systems in a state of good repair
STATE OF GOOD REPAIR
FY 2013 $2.136 billion FY 2014 $2.166 billion
Eligible recipients • State • local government
authorities
STATE OF GOOD REPAIR 49 U.S.C. 5337
• CURRENT FIXED GUIDEWAY MODERIZATION FUNDING TIERS ARE REPLACED
• NEW FORMULA – AGE OF THE SYSTEM – REVENUE VEHICLE MILES – DIRECTIONAL ROUTE MILES
STATE OF GOOD REPAIR 49 U.S.C. 5337
MAJOR CATEGORIES
1. RAIL FIXED GUIDEWAY STATE OF GOOD REPAIR FORMULA PROGRAM 2. HIGH INTENSITY BUS STATE OF GOOD REPAIR FORMULA PROGRAM
STATE OF GOOD REPAIR
49 U.S.C. 5337
High Intensity Rail Fixed Guideway State of Good Repair Formula
• 97.15 percent of the amount available in each FY 2013 and 2014 will be apportioned
• Segments of fixed guideway systems must be in revenue service at least 7
years to be attributable to a UZA.
STATE OF GOOD REPAIR
49 U.S.C. 5337
High Intensity Motorbus State of Good Repair Formula Program
• Provides resources to systems that operate buses on high occupancy vehicle lanes • Apportions 2.85 % of the total amount available each FY year • Segments of fixed guideway motorbus systems must be in revenue service at least 7
years to be attributable to a UZA
TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326
• Recipients must establish and use an asset management system to – develop capital asset inventories and condition
assessments – report to FTA on the condition of their system
TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326
• Transit Asset Management Plan includes, at minimum, – capital asset inventories and condition
assessments – decision support tools – Investment prioritization
TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326
• FTA defines “state of good repair” • Definition must include objective standards
for measuring the condition of capital assets.
FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES
49 U.S.C. 5310
FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES 49 U.S.C. 5310
• Consolidates the existing “Elderly and Disabled Program (49 U.S.C. 5310) with the New Freedom Program (49 U.S.C. 5317)
• Purpose of consolidation
– Increase level of resources available for both program activities beyond the current level in existing programs
FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES 49 U.S.C. 5310
• $254.8 million in FY 2013 • $258.3 million in FY 2014 • Program continues support for
– Non-profit providers of transportation – Public transportation services that exceed the
requirements of the Americans with Disabilities Act.
URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336
• FY 2013 $4.398 billion • FY 2014 $4.459 billion • Maintains basic structure of existing grant
program • Job Access and Reverse Commute program
(JARC) (49 U.S.C. 5316) eliminated – JARC activities eligible under Urbanized Area
Formula Grants Program
URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336
• Operating Assistance – Continues to allow recipients in areas small UZAs
to use funds for operating – Allows recipients in large UZAs
• operating up to 75 buses in fixed route service during peak hours to use 75% of their 5307 funds for bus operations
• operating 76 to 100 buses in fixed route service during peak hours to use 50% of its 5307 funds for bus operations
URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336
• Set aside – $30 million each FY for passenger ferries – Awarded on competitively
FORMULA GRANTS FOR RURAL AREAS 49 U.S.C. 5311
• $599.5 million in FY 2013 • $607.8 million in FY 2014 • Maintains funding to States for transit in rural
areas • Rural component of eliminated JARC program
included as eligible activity.
FORMULA GRANTS FOR RURAL AREAS 49 U.S.C. 5311
• Set asides – $20 million for a new Appalachian Development
Public Transportation Program • to States within the Appalachian region
– $30 million for Public Transportation on Indian Reservations
• $25 million distributed by formula • $5 million distributed competitively
Bus & Bus Facilities Formula Grant Program 49 U.S.C. 5339
• Replaces the bus and bus facilities discretionary program under 49 U.S.C. 5309
• FY 13 $422 million
• FY 14 $427.8 million
• Funds available for replace, rehabilitate, and purchase buses and related equipment; and to construct bus-related facilities
Bus & Bus Facilities Formula Grant Program 49 U.S.C. 5339
• Eligible Recipients: Operators of fixed route bus services in UZAs or that allocate funding to fixed route bus operators
• Eligible Subrecipients: Public agencies, private companies engaged in public
transportation or private nonprofit organizations • National Distribution of funds: - $65.5 million to all States and territories with
each State receiving $1.25 million and each territory receiving $500,000 • Remaining funds allocated pursuant to formula in Section 5336 based on
population and bus factors • 80/20 share. • 3 year availability
Growing States & High Density Formula Grants 49 U.S.C. 5340
Unchanged
• FY 2013 $518.7 million • FY 2014 $525.9 million
FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)
49 U.S.C. 5309 New Starts Changes in MAP-21
• $1.9 billion in each FYs 2013 & 2014 • Two categories of Projects – new fixed guideway capital projects or small starts , including BRT, and – core capacity improvements • Core capacity improvements – Same process of New Starts projects – Allows necessary and significant investment in existing systems – Requires project to achieve at least a 10% increase in capacity
FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)
49 U.S.C. 5309
Project Development
• Eliminates the requirement for Alternative Analysis; • Replaced with Project Development – notice to FTA, not approval by FTA – must be completed in 2 years unless extension granted – notification to Congress when started
FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)
49 U.S.C. 5309
Engineering • Eliminates the requirement for FD approval; single stage--
"engineering“ – Local Preferred Alternative selected, in Long Range plan, NEPA complete to enter – FTA rates project for entry, must rate "medium" overall • Congestion relief has replaced operating efficiency under project
justification • Rating criteria varies based on the type of project • All projects evaluated on degree of local financial commitment – FFGA at end of engineering – Must get "medium" rating overall
FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)
49 U.S.C. 5309
Warrants
– allow for an expedited review process of projects
• seeking less than $100 million in New Start funds or • New Starts funds for no more than 50% of the total project
cost – Requires existing transit system to be in a state of
good repair – Not available for small start projects
PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM 49 U.S.C. 5324
• Funds will assist states and public transportation agencies in covering expenses related to – Protecting, repairing, or
replacing equipment and facilities that are:
• In danger of suffering serious
damage due to a pending emergency, or
• Have suffered serious
damage as a result of an emergency
REPEALED PROGRAMS 49 U.S.C. 5308: Clean Fuels Grant Program
49 U.S.C. 5309 Bus and Bus facilities Discretionary Program
49 U.S. C. 5309 Fixed Guideway Modernization Program
49 U.S.C 5316: Job Access Reverse Commute:
49 U.S.C. 5317: New Freedom Program
49 U.S.C. 5320: Alternative Transit in Parks and Public Lands
49 U.S.C. 5328: Project Review
49 U.S.C. 5339: Alternatives Analysis Program
Section 3038 of the Transportation Equity Act for the 21st Century: Over the Road Bus Program
Section 3009(i) of SAFETEA-LU: Contracted Para-transit Pilot Program
Section 3011(c) of SAFETEA-LU: Public Private Partnership Pilot Program
Section 3012(b) of SAFETEA-LU: Elderly Individuals and Individuals with Disability Pilot Program
Section 3045 of SAFETEA-LU: National Fuel Cell Bus Program
Section 3046 of SAFETEA-LU: Allocations for National Research Technology Program
RULEMAKINGS • New Fixed Guideway Capital Investment Grants:
– Issue rules establishing a new evaluation and rating process.
• Private Sector Participation:
– Issue rules that identify statutory impediments to public-private
partnerships and address such impediments. – Publish policy guidance on how recipients of FTA financial assistance can
best document compliance with private enterprise participation requirements.
RULEMAKINGS
• Bus Testing: – Issue rule to establish a bus model scoring system that provides a pass/fail
standard, working with the testing facility, bus manufacturers, and transit agencies to develop the scoring system.
• Transit Asset Management:
– Issue rule to establish performance measures based on the state of good
repair standards – Issue rule to implement a transit asset management system.
RULEMAKINGS • Public Transportation Safety: – Create and implement a national public transportation safety plan to
improve the safety of all public transportation systems receiving Chapter 53 funds.
– Establish interim provisions for the certification and training of Federal and State safety oversight personnel, to be formalized via a final rule.
– Issue a rule allowing small public transportation providers or systems receiving Section 5307 funds to have their safety plans drafted or certified by a State.
– Issue rules to implement the new Section 5329 requirements (i.e., amending 49 CFR 659 or establishing a new implementing Part).
• Alcohol and Drug Testing: – Amend 49 CFR 655 to allow for the partial withholding of FTA financial
assistance for recipients who have been found in non-compliance.