By Kevin McCarty
November 21, 2011

Members of the Senate Environment and Public Works Committee, led by Chairman Barbara Boxer (CA) and Ranking Member James Inhofe (OK), gave a big boost to bipartisanship efforts in Congress November 9, voting 18-0 to approve new federal surface transportation legislation, “Moving Ahead for Progress in the 21st Century” (MAP-21), S. 1813.

Demonstrating that bipartisan action is still possible, the two-year, $86.3 billion legislation renewing key elements of the “SAFETEA-LU” surface transportation law strongly embraces the “America Fast Forward” initiative spearheaded by Conference of Mayors President Antonio R. Villaraigosa after months of advocacy and education. Specifically, S. 1813 raises current federal credit assistance under an enhanced Transportation Infrastructure Finance and Innovation Program (TIFIA) from $122 million to $1 billion annually, providing substantial new financial capacity to assist transit and highway projects throughout the U.S.

“With America Fast Forward as a model for federal-local partnership, America’s cities can build clean transit lines faster, creating jobs now, reducing traffic, and safely transporting millions of people and goods every year,” Villaraigosa said in commenting on the vote.

In her comments on the Committee’s action, Boxer said, “By moving forward with a unanimous vote on MAP-21 today, this Committee sends a strong signal that we are serious about job creation and getting our economy back on track. This cooperation is a rare win for bipartisanship, and I believe it will provide encouragement to the Finance Committee as they work to ensure full funding for this two-year effort.” Echoing these comments, Inhofe said, “Today’s unanimous vote in Committee in support of our highway bill shows that momentum is on our side in the Senate to pass this important jobs legislation.”

Villaraigosa also praised the legislation as a major milestone in promoting “meaningful investments” in U.S. workers and demonstrating the power of bipartisan action. “The Senate Environment and Public Works Committee came together in bipartisan fashion, under the leadership of Senators Boxer and Inhofe, to put up to 2.8 million Americans back to work rebuilding our nation’s crumbling infrastructure. I now call on the Senate Finance Committee to continue this spirit of bipartisanship to keep this job creating bill on the track toward passage.”

Prior to the Committee markup, Villaraigosa communicated in writing the Conference’s strong support for the pending legislation. “Your efforts to develop this bipartisan legislation should inspire others in Congress to find common sense solutions to our economic crisis,” he wrote.

“Several of the policy and programmatic initiatives in MAP-21 respond directly to the nation’s mayors, notably the creation of the new “America Fast Forward” title, which strengthens the Transportation Infrastructure Finance and Innovation Program (TIFIA) program to leverage federal dollars further than they have been stretched before and will help create jobs across the nation.” He concluded, adding, “Mayors believe it is crucial that this bipartisan legislation move forward, beginning with your Committee action this week. Your strong bipartisan action can provide impetus to the Congress to deliver critical resources to help get our economy back on track.”

Approval of the legislation by the Senate Environment and Public Works Committee is the first formal action in Congress to renew the SAFETEA-LU law, which expired more than two years ago and its eighth extension expires March 31, 2012. Attention in the Senate now shifts to other committees with jurisdiction. The Senate Finance Committee must renew transportation user fees and taxes to finance the program, including finding additional revenues to close a $12 billion trust fund shortfall through the end of Fiscal Year 2013. The Senate Banking, Housing and Urban Affairs is now working on the transit title of the legislation along with planning provisions, with its action expected in early December. The Senate Commerce, Science and Transportation, which focuses principally on safety, rail and certain intermodal issues, must also take action.

The committee action has also prompted the House leaders to renew their commitment to enacting legislation, with Speaker John Boehner announcing a broad plan November 17 to fund its version of the transportation legislation with revenues from increased domestic energy production.

The many policy, programmatic and funding allocations set forth in S. 1813 are now reviewed and assessed for their local impact; full details of the legislation were first made public just prior to the Committee’s action and several amendments were added during the markup session.

New provisions to streamline project planning and development were included as a means to shorten the time it takes to construct new facilities. States and metropolitan planning organizations will be subject to new and enforceable performance targets. The legislation also reduces the number of federal programs from roughly 90 to about 30 programs.

The Bridge Program is eliminated, along with its funding set-aside for “off'system” bridges, which directs funds to city- and county-owned bridge repair projects. The Transportation Enhancements Program, which ISTEA created to help cities and other local areas mitigate the ill-effects of earlier transportation projects through community-building investments (e.g., bicycling and pedestrian facilities), is eliminated. A new and larger Transportation Mobility Program will replace the ISTEA-created Surface Transportation Program (STP), although the share of funds allocated to local areas will be reduced by approximately 20 percent.

More than 200 metropolitan planning organizations (MPO) now serving cities and counties in areas of 50,000 – 200,000 population will lose their standing under federal transportation law, unless they successfully secure recertification under the bill’s new criteria. Failing this, such areas – which have been part of the federal/state/local partnership since 1991 – will be relegated to the current law standard of “state consultation” reserved to rural areas.