Legislative Update: July 12, 2019
FROM WASHINGTON, D.C.
The House and Senate had a busy June, with both houses holding hearings in anticipation of next year’s surface transportation reauthorization bill. In addition, the House successfully marked up and passed its annual appropriations bill for Transportation-Housing and Urban Development.
On June 27, in a party-line vote, the House passed a five-bill package of appropriations measures that includes $87.7 billion in gross total budgetary resources for the US Department of Transportation in FY 2020. Of that total, $25.5 billion is discretionary budget authority, a $1.2 billion decrease from 2019.
The House bill meets or exceeds the Highway Trust Fund (HTF) authorized funding levels for the final year of the FAST Act. HTF obligation limitations are $1 million over the recommended level, and, counting the general fund highway and transit supplements, the bill gives provides 104 percent of the level authorized by the FAST Act. For general fund discretionary appropriations, it is 106 percent of the authorized levels.
Bill highlights:
- Federal Highway Administration (FHWA) federal-aid highways receives a $48.1 billion transfer from the HTF, nearly $2 billion more than 2019
- However, discretionary funding for FHWA federal-aid highways is $1.5 billion below 2019 levels
- BUILD grants receive $1 billion – an increase of $100 million from 2019
- Federal Aviation Administration receives an increase of $267 million, to be allocated to safety projects – this represents the most significant increase in agency funding from 2019
Representatives proposed 76 transportation-related amendments, of which 39 passed. Most of the successful amendments were symbolic – procedural moves designed to draw attention agencies’ attention to special issues, programs, and plans. Two amendments of interest:
- An increase in the minimum set-aside balance for BUILD grants from $15 to $20 million. This is for transit planning, transit-oriented development, and multimodal projects.
- Two separate amendments would increase the general fund appropriation for federal-aid highways and Surface Transportation Block Grant set-asides by a total of $22 million. Most of the increase is for electric vehicle and hydrogen fuel charging station infrastructure.
The Senate is waiting on the President to reach a deal with House leaders on a total FY 2020 budgetary limit before taking up appropriations. Although FY 2020 transportation appropriations are not expected to be controversial, many expect last year’s debate over funding for the Department of Homeland Security could resurface and slow down the appropriations process again.
Finally, the text for the Senate Environment and Public Works Committee's surface transportation reauthorization bill will be released in about two weeks, with a mark-up said to be planned for Aug. 1. Chairman John Barrasso has said the bill will be a five-year, formula-based surface transportation bill that he hopes will be paid for by highway users, including drivers of electric vehicles.
HIGHLIGHTED BILLS
US CONGRESS
S.846 Transit Infrastructure Vehicle Security Act (Cornyn, R-TX)
This bill would prohibit mass transit agencies from using federal transit funding to purchase transit rail cars or buses from manufacturers owned by, or subsidized by, the government of the People’s Republic of China. No action on this bill, but the bill text was included as Section 6015 in the National Defense Authorization Act for Fiscal Year 2020 (S.1790), which the Senate passed last week. Nearly identical language appears in the House’s draft defense authorization bill as well (H.R. 2500).
S.1992 A bill to amend the FAST Act to repeal a rescission of funds (Barrasso, R-WY)
This bill would repeal the rescission of $7.6 billion in federal-aid highway contract authority under section 1438 of the FAST Act that scheduled to take place on July 1, 2020. No action, only introduced and assigned to the Senate Environment and Public Works Committee.
S.1939/H.r. 3388 Moving and Fostering Innovation to Revolutionize Smarter Transportation Act (Cortez Masto, D-NV/DeSaulnier, D-CA)
This bill would establish the Strengthening Mobility and Revolutionizing Transportation (SMART) Challenge Grant Program to promote technological innovation in our Nation’s communities. The program would award grants of as much as $50 million to communities to carry out projects related to connected vehicles, intelligent infrastructure, smart land use, mobility services and choices, roadway electrification and electric vehicles, among other possible uses. Eligible entities include MPOs, toll authorities, transit agencies, and local governments. No action, only introduced and assigned to the Senate Commerce, Science and Transportation Committee.
S.1707/H.R. 3134 SAFE Bridges “Strengthen and Fortify Existing Bridges” Act of 2019 (Shaheen, D-NH/Langevin, James)
This bill would establish a program to assist states to rehabilitate or replace certain bridges or maintain the surface coating and corrosion protection system on certain bridges. The bridges may not be classified as being in “poor” condition. The federal share of the project cost would be 100 percent. No action, only introduced and referred to Senate Environment and Public Works and House Transportation and Infrastructure Committees.
MONITORED BILLS LIST
The Texas Legislature is currently not is session. The US Congress bill list shows only bills with action since the last legislative update. If you need information on the bills being tracked, please contact
Kyle Roy or
Rebekah Hernandez.
RECENT COMMITTEE HEARINGS
US CONGRESS
June 12: The US House Transportation and Infrastructure Committee’s Subcommittee on Highways and Transit met to discuss “Under Pressure: The State of Trucking in America.” The hearing largely centered on the truck driving workforce, safety standards, and incorporation of technology. Todd Spencer of the Owner-Operator Independent Drivers Association said statistics show the trucking industry does not have a driver shortage but rather a problem with driver attrition. Spencer, along with two highway safety advocates, blamed driver compensation methods that rely on per-mile rather than time-based payment models. Spencer and LaMont Byrd, of the Teamsters, opposed lowering the interstate trucking age from 21 to 18. However, Chris Spear, President of the American Trucking Associations, argued against age requirements and advocated for the DRIVE-SAFE Act, which would mandate 400 hours of in-cab training for new drivers.
June 18: The US Senate Transportation Committee’s Subcommittee on Security held a hearing on “Drone Security: Enhancing Innovation and Mitigating Supply Chain Risks.” The hearing focused on security threats and challenges posed by unmanned aircraft systems (UAS), including detection and mitigation technology and capabilities, as well as the legal and regulatory authorities granted to government agencies to mitigate threats. Two security experts said they are wary of using drones manufactured by DJI, the leading UAS manufacturer based in China. Several senators insisted that local authorities need the ability to respond to drone threats and incursions. However, the Federal Aviation Administration’s Deputy Associate Administrator Angela Stubblefield warned that most existing counter-UAS technologies were designed for military use and could create safety hazards for civilians. Finally, senators also scolded Stubblefield for the FAA’s delay in publishing a remote ID rule, originally due in July but now delayed until fall.
June 19: The US Senate Transportation Committee convened a hearing to discuss “FAST Act Reauthorization: Transportation and Safety Issues.” With the FAST Act expiring in fall 2020, the committee considered safety priorities for a surface transportation reauthorization bill. Agency heads of the Federal Railroad Administration, Federal Motor Safety Carrier Safety Administration, and National Highway Traffic Safety Administration testified along with USDOT’s Assistant Secretary for Aviation and International Affairs. Senators’ questioning focused on freight safety, especially hours of service requirements, age requirements, positive train control efforts, and incidents at at-grade rail crossings. Many senators also expressed frustration with responses from NHTSA Administrator Heidi King, who defended the agency’s efforts to curb bicycle and pedestrian deaths, work with the auto industry on setting safety standards, rollback fuel efficiency standards, and take a wait-and-see approach to automated vehicles.
June 20: The US House Energy Committee’s Subcommittees on Consumer Protection and Commerce and Environment and Climate Change held a joint hearing – "Driving in Reverse: The Administration’s Rollback of Fuel Economy and Clean Car Standards" – to discuss the Trump Administration’s efforts to roll back Corporate Average Fuel Economy (CAFE) standards and carbon pollution regulations from light duty cars and trucks. According to David Friedman, Vice President of Advocacy for Consumer Reports, unless fuel economy standards increase, automakers will leave technology on the shelf that could save consumers millions of dollars. Josh Nassar, Legislative Director for United Auto Workers, said Congress needs to pass a pro-labor law, reform tax policy, create sensible standards that last a long time, and invest in new technologies. On the topic of California’s tailpipe emissions standards, Louisiana Attorney General Jeff Landry said the commerce clause is supposed to allow the federal government to create national standards and allowing California to dictate policy to the rest of the country would violate the clause.
June 25: The US House Transportation and Infrastructure Committee’s Subcommittee on Highways and Transit held a roundtable on “Examining the Role of Mobility on Demand (MOD) in Surface Transportation Policy.” Representatives from various public sector transportation authorities, trade organizations, and labor unions presented the best ways mobility on demand is developing around the country. Participants stressed the specific use of MOD where fixed route transit is limited and less cost-effective. There was discussion of the current trend in shared mobility on demand options, such as bikes and scooters, and how they can be integrated into a multimodal system with ridesharing companies (like Uber and Lyft) and traditional public transit to improve transit and increase ridership. Portland, Oregon, and other cities are creating trip planning apps that combine multiple modes of transportation and provide estimated trip times and costs to the rider. However, panelists emphasized that MOD is not a replacement for traditional public transportation services.
June 25: The Senate Transportation Committee’s Subcommittee on Transportation and Safety held a hearing on “Examining Technological Innovations in Transportation.” The hearing focused on the adoption of technology by transportation stakeholders and the effects of technology on the surface transportation network. Witnesses discussed new technologies in the transportation sector, associated impacts, and the benefits and challenges of deploying these technologies. Safety technologies discussed included automatic emergency braking, lane control, positive train control, block chain, and new ways to monitor and inform drivers of predicted road conditions. The committee examined the barriers to smart mobility, namely a lack of data availability for MPOs and DOTs. According to the panel, states are aware of new technology changes and micro-mobility modes and are seeking federal guidance on how to invest in these developments, due to the lack of access to data at the state and local levels.
Upcoming Committee hearings
US CONGRESS
Wednesday, July 10 at 9 am: The US Senate Committee on Environment and Public Works will hold a hearing on “Investing in America’s Surface Transportation Infrastructure: The Need for a Multi-Year Reauthorization Bill.” Witnesses include Carlos Braceras, President of the American Association of State Highway and Transportation Officials, and Luke Reiner, Director of the Wyoming Department of Transportation. Summary pending.
Thursday, July 11 at 1 pm: The US House Science, Space, and Technology Committee’s Subcommittee on Research and Technology will hold a hearing on “Bumper to Bumper: The Need for a National Surface Transportation Research Agenda.” Summary pending.
Tuesday, July 16 at 9 am: The US House Committee on Transportation & Infrastructure’s Subcommittee on Highways and Transit will hold a hearing on “Oversight of the Federal Transit Administration’s Implementation of the Capital Investment Grant Program.” Details TBA.
Tuesday, July 16 at 9 am: The US House Select Committee on the Climate Crisis will hold a hearing on “Solving the Climate Crisis: Cleaning Up Heavy Duty Vehicles, Protecting Communities.” Details TBA.
Wednesday, July 17 at 9 am: The US House Committee on Transportation & Infrastructure’s Subcommittee on Aviation will hold a hearing on “State of Aviation Safety.” Details TBA.
To view Committee Hearings for the Texas Senate click here:
http://www.senate.texas.gov/av-live.php
To view Committee Hearings for the Texas House click here:
http://www.house.state.tx.us/video-audio/
In 2005 Congress passed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) . This legislation guided surface transportation policy and funding through 2009. Nine short-term extensions passed since SAFETEA-LU expired in 2009. The final short-term extension of SAFETEA-LU extended surface transportation authorization through June 30, 2012.
On July 6, 2012, President Obama signed into law a two-year $105 billion surface transportation authorization, titled Moving Ahead for Progress in the 21st Century (MAP-21). MAP-21 reauthorized the federal-aid highway, highway safety and transit programs that were last authorized by SAFETEA-LU. New programs and funding levels began on October 1, 2012, and continued through September 30, 2014. The final short-term extension of MAP-21 expired on December 4, 2015.
On December 4, 2015, President Obama signed the Fixing America's Surface Transportation (FAST) Act into law, which authorizes Federal highway, transit, safety and rail programs for five years at $305 billion. The FAST Act is effective October 1, 2015 through September 30, 2020.
2019 RTC Principles for Federal Surface Transportation Authorization
Resources
FAST Act
MAP-21
SAFETEA-LU