By Ron Thaniel
September 12, 2005

President Bush signed into law August 10 the Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU). The largest infrastructure investment in the nation's history, this bill is a major victory for mayors across the nation. It provides more than $286.4 billion for the expansion of public transportation systems, as well as large'scale transportation projects, while maintaining a commitment to safety and the environment.

The campaign success starts with public transportation investment. Recognizing that public transportation reduced congestion, the Conference urged maximum funding for public transportation to stimulate a dramatic expansion of high-capacity public transit systems, including light rail, heavy rail, commuter rail, and bus service.

At $52.6 billion over six years, transit investment increased 46 percent over TEA-21 levels. Of noteworthy, the Conference was successful in defeating efforts over the four years to increase funding for highway programs by reducing funding for transit by maintaining the 80 percent highway — 20 percent transit share of the trust fund. With cities hungry for new rail projects to reduce congestion, the New Starts program maintains current federal match as authorized under TEA-21 at 80 percent federal. The Administration had proposed 50 percent federal match for the New Starts program.

Recognizing that cities throughout the U.S. are embracing less expensive, fixed guideway transit projects like streetcars, trolleys and bus rapid transit, the Conference campaigned for a new program with modified rules to expedite these projects. In a reauthorization climate opposed to adding new programs to the bill, congress created the "Small Starts" program. This program provides grants for new fixed guideway systems and bus corridor improvements for projects requesting less than $75 million in New Starts funds. The total project cost must be less than $250 million and there is also a streamlined process.

SAFETEA-LU also maintains the balance in transit formula and programs by continuing to allocate 40 percent of transit formula for Rail Modernization, 40 percent for New Starts, and 20 percent for Bus and Bus Facilities.

Recognizing years of neglect of large'scale transportation infrastructure, largely in cities, by State Departments of Transportation, SAFETEA-LU created the "Projects of National and Regional Significance" program. Over the four years, the Conference lobbied for dedicated resources to build, rebuild, or replace large'scale transportation infrastructure projects addressing freight and goods movement, safety, and aging and congested infrastructure. Conference President Long Beach Mayor Beverly O'Neill said with the passage of the bill, "We are very pleased that the transportation bill includes language for projects of National and Regional Significance, which provides the framework and the startup funding for large projects that contribute to the economic vitality of our national and regional economies."

While this bill does not fulfill every transportation environment need that the Conference had campaigned for, it will provide a 27 percent increase in Congestion Mitigation and Air Quality (CMAQ) funds and adds an exception that encourages the purchase of brownfields by making grants or loans to eligible entities.

The Conference two key defeats were in the environmental investment campaign. First, efforts to suballocate CMAQ funds to local areas were defeated by the House Rules Committee. The Conference argued that mayors are held accountable for poor air quality; therefore, CMAQ funds, used to advance transportation initiative to reduce poor air quality, should go directly to local areas.

The second defeat in this area was the elimination of the Stormwater Discharge Mitigation program during the House-Senate conference of the bill. Recognizing that cities and suburbs are struggling with the contamination of drinking water and cleanup of streams, rivers, lakes, and ponds from stormwater discharge, the Conference had advocated for a $2 billion 6-year funding set aside.

The Conference is pleased with significant victories in safety and increased public investment, including a new "Safe Routes to School" program to improve walk and bike access to schools, increased metropolitan planning set-aside funds to increase public participation, and increased Intelligent Transportation System (ITS) investment to reduce congestion, while protecting local government rights-of-way management and compensation authority.

For more information on the Conference of Mayors SAFETEA-LU score card go to usmayors.org.