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Why the Next Fight Over Bike/Ped Funding Won’t Be Like the Last

When Congress passed a two-year transportation bill in 2012, active transportation advocates had to scrape and claw for every penny of funding for walking and biking programs. When the dust settled, it seemed they would have to repeat the same old battles when the law expired.

Rep. Erik Paulsen (R-MN), who co-sponsored the Bike to Work Act this summer, is one of the bike community's new Republican friends in Congress. Photo: ##https://beta.congress.gov/member/erik-paulsen/1930##Congress.gov##

Rep. Erik Paulsen (R-MN), who co-sponsored the Bike to Work Act this summer, is one of the new bike-friendly Republicans in Congress. Photo: Congress.gov

Right now the current law is up for renewal in May, though it could very well be extended as-is with another short-term funding fix. But at some point, Congress will have to get serious about crafting and passing a new transportation bill. Will bike/ped funding be as contentious as last time?

Caron Whitaker of the League of American Bicyclists thinks not.

Of course, there will be some similarities, she told an audience at the Pro-Walk Pro-Bike Pro-Place conference in Pittsburgh yesterday. Two recent anti-bike amendments from senators Pat Toomey (R-PA) and David Vitter (R-LA) have already put national advocates on notice that they’ll be playing defense again.

With the funding question still totally unresolved, it’s unlikely the next bill will be flush with cash, so lawmakers are likely to start looking for “extraneous” things to cut, and some are sure to zero in on the tiny amount allocated to bike and pedestrian projects through the Transportation Alternatives Program. Whitaker guesses that advocates and grassroots supporters will have to mobilize three or four times in the next couple of years to fight off attacks like those.

Those are the similarities. But there are some significant differences, too.

There are now about 20 Congressional Republicans who reliably sign on to pro-bike legislation. The last time around, there were only three.

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Congress Hits the Snooze Button on Transpo Funding Until May

Someone had to cave and last night, it was the Senate.

Closed for the summer. Photo: ##http://www.capitol.gov/html/EVT_2010061578974.html##Capitol.gov##

Closed for the summer. Photo: Politic365

The upper chamber had fought as long as it could to adjust the House transportation bill so it wouldn’t expire when the GOP controls both chambers of Congress. But senators were never willing to actually let the Highway Trust Fund go broke. U.S. DOT would have started cutting back on reimbursements to state DOTs as of today in the absence of an agreement.

After the House rejected the Senate’s amendment yesterday, hours before representatives were due to return to their home districts for the five-week August recess, it seemed the Senate had no choice. Then, news broke that the House was going to stick around a little longer to keep fighting about the border crisis.

Could the Senate have taken advantage of the House’s presence to toss the football back to them, on the assumption that the last team holding it will get blamed for the fumble? Maybe. Maybe the House would have been the one to cave, then. Maybe they would have sent the transportation industry into a tailspin. In a recent poll, 85 percent of transit agencies said they would implement service cuts if that happened.

At least we were spared that. But perhaps not for long. Former U.S. DOT official Beth Osborne, now at Transportation for America, noted that each extension seems to be getting harder. “The easy ways to pay for the program are gone,” she said. “It’s going to get harder doing this with bubble gum and band-aids.”

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371 City Leaders Ask Boxer For More Local Control Over Bike/Ped Money

Last week, 371 mayors and other city leaders wrote a letter [PDF] to Sen. Barbara Boxer, chair of the Environment and Public Works Committee, in support of local control over transportation dollars for bike and pedestrian projects.

Indianapolis Mayor Greg Ballard (R) gave a stirring speech in favor of local control in a Senate hearing, and the rest is history. Photo: ##http://bikeleague.org/content/371-mayors-congress-we-want-bikeped##Brian Palmer/Bike League##

Indianapolis Mayor Greg Ballard (R) gave a stirring speech in favor of local control in a Senate hearing. Photo: Brian Palmer/Bike League

About two-thirds of the signatories are mayors, from cities as big as Philadelphia and Los Angeles and as small as McKenzie, Tennessee, and Lincoln, Alabama. There are also some city council members, city clerks, aldermen, village trustees, and regional league directors. Their collective voice represents tens of millions of constituents.

The civic leaders said that MAP-21 “reinforces the importance of local elected officials being at the table to ensure that we secure maximum economic and transportation benefits from available federal resources.” MAP-21 included a provision requiring 50 percent of money from the Transportation Alternatives Program (TAP) — which funds bike and pedestrian projects — to go directly to local communities, instead of being under the control of states.

The letter is the result of a Senate hearing in May, in which Indianapolis Mayor Greg Ballard and other city leaders testified to the importance of local control over TAP funding. Boxer ended that hearing by affirming that TAP was a critical element of the transportation bill and, according to the Bike League’s Caron Whitaker, she asked Mayor Ballard, a Republican, to help her protect and promote the program by writing and circulating a sign-on letter for mayors to attest to its importance. “The letter, circulated by the U.S. Conference of Mayors and the National League of Cities, is the result of that request,” Whitaker wrote.

The letter thanks Boxer for her “leadership” on TAP and urged her “to continue to affirm the role of local elected leaders as you advance legislation renewing MAP-21.” It also asks for a small technical change that would give metropolitan planning organizations (MPOs) the power not just to choose bike/ped projects but to actually authorize the funding. The letter says that change is just one example of the minor modifications the signatories would like to see, but it doesn’t list any others.

It remains to be seen how Boxer will use the letter in Senate negotiations, but the mayors have sent a strong message that American cities and towns want more say over how to spend transportation dollars.

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Senators Murphy (D) and Corker (R) Propose 12-Cent Gas Tax Increase

There are several proposals on the table to stave off the impending insolvency of the Highway Trust Fund (which pays for transit, biking, and walking projects too) in two months. Just now, two senators teamed up to announce one that might actually have a chance.

The R after Sen. Bob Corker's name might make all the difference for this proposal. Photo: ##http://www.corker.senate.gov/public/index.cfm?FuseAction=Images.Display&ImageGallery_id=a36a3e1a-0103-b714-2285-f8fb90d613e1##Office of Sen. Corker##

The R after Sen. Bob Corker’s name might make all the difference for this proposal. Photo: Office of Sen. Corker

Sens. Bob Corker (R-TN) and Chris Murphy (D-CT) have proposed increasing the gas tax by 12 cents a gallon over two years. The federal gas tax currently stands at 18.4 cents a gallon, where it has been set since 1993, when gas cost $1.16 a gallon. The senators’ proposal would also extend some expiring tax cuts as a way to reduce the impact on Americans.

“I know raising the gas tax isn’t an easy choice, but we’re not elected to make easy decisions – we’re elected to make the hard ones,” said Murphy. “This modest increase will pay dividends in the long run and I encourage my colleagues to get behind this bipartisan proposal.”

This proposal — while still not introduced as a formal bill — has far more potential than anything else that’s been offered. President Obama’s corporate tax scheme was dead on arrival, even though it had support from the Republican chair of the Ways and Means Committee, Dave Camp. Rep. Peter DeFazio’s idea of a per-barrel oil fee and Sen. Barbara Boxer’s idea for a wholesale oil tax don’t have Republican support. Neither does Rep. Earl Blumenauer’s 15-cent gas tax hike, which was the most logical proposal on the table, until now. What the House Republicans want to do is fund the transportation bill by reducing Saturday postal service — a hare-brained scheme if ever there was one.

What gives this proposal a fighting chance, of course, is Bob Corker’s name on it. Not only is Corker a Republican, but he’s a respected leader on the Banking Committee. It’s also a sign that maybe, just maybe, as we stare down the barrel of a real funding shortfall, members of Congress might find the gumption to do what they all know needs to be done: raise the gas tax.

“In Washington, far too often, we huff and puff about paying for proposals that are unpopular, yet throw future generations under the bus when public pressure mounts on popular proposals that have broad support,” said Corker. “Congress should be embarrassed that it has played chicken with the Highway Trust Fund and allowed it to become one of the largest budgeting failures in the federal government. If Americans feel that having modern roads and bridges is important then Congress should have the courage to pay for it.”

Read more…

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A Bipartisan Policy Breakthrough That Could Save Local Economies

Beth Osborne was deputy assistant secretary for policy, and then acting assistant secretary, at the U.S. Department of Transportation from 2009 until March, when she joined Transportation for America.

Members of Congress love to talk about local control. And with good reason: American voters tell pollsters over and over again that they trust the elected officials closest to them more than any others.

Local communities do a good job channeling limited federal funds into small-scale, big-impact projects like this streetscape project in Bayonne, New Jersey. Photo: ##http://images.ta-clearinghouse.info/1-Ped-Bike-Facilities/Bayonne-StreetscapeBayonne-NJ/##TrADE##

Local communities do a good job channeling limited federal funds into small-scale, big-impact projects like this streetscape project in Bayonne, New Jersey. Photo: TrADE

Not only that, but most Americans live in cities, towns and suburbs, with 85 percent in metropolitan areas, according to recent census estimates. And 90 percent of gross domestic product — the economy — is generated in those places.

So why is rhetoric so far from reality when it comes to transportation funding?

When the federal transportation program was up for renewal two years ago, members of Congress from both parties repeatedly invoked “local control” as a goal. But the resulting law, MAP-21, actually reduced local latitude over transportation spending.

Pots of money that had been available to fix local bridges, provide alternatives to congested corridors, make better connections to transit or address safety issues for kids on their way to school — as just a few examples — were consolidated and shrunk. When all was said and done, local communities had access to less than 15 percent of the money in the bill. Metropolitan areas over 200,000 — where 65 percent of Americans live — got only 8 percent, according to federal data.

As a result, the one small pot of discretionary money available to local communities — the TIGER program — has been wildly oversubscribed, as I saw firsthand as one of the leaders at the U.S. DOT overseeing the program from 2009 until last March.

My time at DOT taught me two big lessons: First, the innovative solutions are coming from locals. And second, they have nowhere near enough resources to implement them.

Across the country, communities and regions are developing forward-looking plans to squeeze efficiencies out of transportation networks expected to move growing numbers of cars, pedestrians, transit riders, bicycles and freight. They are struggling to fund unmet repair needs. They worry that the economic potential they see will evaporate unless they can invest in a high-quality transportation network.

That’s why the bipartisan Innovation in Surface Transportation Act (HR 4726) is so important. The bill, introduced by Representatives Rodney Davis (R-Illinois) and Dina Titus (D-Nevada), would make good on the MAP-21 authors’ promise of more local control by reserving a share of each state’s federal dollars for grants to local entities. It would ensure that at least an additional $5 billion of the roughly $50 billion sent to states each year will be used to support local priorities.

Grants would be awarded by a committee of state and local officials along with a range of stakeholders, based on the strength of the proposal: Will the project yield a strong return on investment? Does it improve safety and reliability? Does the community have its own funds committed to the plan?

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Why the Senate Transportation Bill Will Devastate Transit

Transit officials lined up today to make clear that holding transit spending at current levels — as the Senate’s transportation authorization bill does — will put transit systems at risk of falling further into dangerous disrepair.

Beverly Scott of the MBTA warned that current funding levels, as continued by the proposed Senate transportation bill, are "woefully insufficient."

Beverly Scott of the MBTA warned that current funding levels, as continued by the proposed Senate transportation bill, are “woefully insufficient.”

The backlog for transit maintenance and replacement stands “conservatively” at $86 billion, according to the Federal Transit Administration. That backlog is expected to keep growing at a rate of $2.5 billion each year without a significant infusion of funds.

To put it another way, the country needs to spend $2.5 billion more per year – from federal, state and local sources – just to keep the state of the nation’s transit systems from getting even worse.

Sen. Bob Menendez (D-NJ) was determined to expose the shortcomings of the bill Sen. Barbara Boxer (D-CA) recently shepherded through the Environment and Public Works Committee. While the bill’s transit title hasn’t been written yet, EPW has been clear about its intentions to keep spending at current levels plus inflation. That means no help toward the $2.5 billion boost needed to keep things from getting worse.

Menendez chaired a hearing today of the Banking Committee — the very committee tasked with writing the transit title within the framework established by EPW — to demonstrate the problem with the bill’s funding levels.

“By a simple yes or no,” Menendez asked the transit officials before him, “does anyone on the panel believe that current funding levels are enough to help you achieve a state of good repair?”

“They are insufficient,” answered Joseph Casey, general manager of Philadelphia’s SEPTA.

“Woefully insufficient,” added Beverly Scott, head of Boston’s MBTA and a nationally respected transportation visionary.

“No sir,” said Gary Thomas of Dallas Area Rapid Transit.

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Barbara Boxer’s Transportation Bill: Same As It Ever Was

The future of national transportation policy is pretty much like the present of national transportation policy, if the Senate Environment and Public Works Committee has its way: underfunded and highway-centric.

This is your freight network, America. Enjoy. Photo: ##http://www.komu.com/news/licking-man-sentenced-for-arson-fires-at-truck-stops/##KOMU##

This is your freight network, America. Enjoy. Photo: KOMU

The bill released by Senator Barbara Boxer’s EPW Committee yesterday [PDF] rejects pretty much everything the Obama administration put forth in its bill, including permanent funding for TIGER and the elimination of red tape that prevents states from tolling interstates. The administration called for spending $302 billion over four years, while the EPW bill envisions a $265 billion budget over six years — although that figure does not include transit or rail.

And that’s part of the problem. The administration put forward a comprehensive, multi-modal transportation bill proposal. But in the Senate, the process is shepherded by EPW, and EPW only writes the highway component of the bill, then hands it over to the Banking Committee for the transit piece and the Commerce Committee for the rail and safety piece. And of course, nothing at all will happen unless the Senate Finance Committee can find a way to pay for it.

“It’s disappointing that the Senate is still operating under complete modal siloes and not thinking of this as a comprehensive system in any way, shape, or form,” said Joshua Schank of the Eno Center for Transportation.

Boxer has long hinted that she doesn’t see much need to change the policies laid out in the current transportation bill, MAP-21, which was negotiated less than two years ago. And by that standard, she has delivered. While there are some updates to MAP-21, by and large, the EPW bill maintains the status quo right down to the level of funding, which is only adjusted for inflation.

Of the few changes included in the bill, the proposals are hit-or-miss. Here’s the rundown.

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Boxer Announces Plan to Maintain Status Quo in Next Transpo Bill

Sen. Barbara Boxer, together with Sens. Carper, Vitter and Barrasso, announced their agreement to maintain the status quo with the next bill. Screenshot from press conference.

Sen. Barbara Boxer, together with Sens. Carper, Vitter and Barrasso, announced their agreement to maintain the status quo with the next bill. Screenshot from press conference.

Last year, while the House flailed in partisan misery, the Senate passed a transportation bill 74 to 22. When the bill was signed into law, it was considered one of the few real achievements of a deeply divided Congress. Environment and Public Works Committee Chair Barbara Boxer got tremendous credit for enacting legislation three years in the making. And yet, it left a lot of good provisions on the cutting-room floor. While MAP-21 included some modest reforms, lawmakers missed an opportunity to prioritize transit, biking, and walking – modes that are gaining popularity and help achieve national goals like congestion mitigation and air quality improvement.

History appears to be repeating itself. This morning, Sen. Boxer (D-CA) joined with the rest of the “Big Four” of the EPW Committee — Ranking Republican David Vitter (R-LA), Transportation Subcommittee Chair Tom Carper (D-DE) and Subcommittee Ranking Republican John Barrasso (R-WY) — to announce that they had reached agreement on a set of principles to guide the next bill.

While it’s good news to hear the senators are working together and making progress, they’re not proposing any solutions to the nation’s dysfunctional transportation policy, which funnels billions of dollars to wasteful road expansions ever year. Below is a look at the guiding principles (verbatim, in bold) and what they mean:

  • Passing a long-term bill, as opposed to a short-term patch. You won’t find anyone who says they want a short-term bill. There is unanimous agreement that a two-year bill was inadequate and that the next bill must last five or six or even 10 years. The challenge has always been to find enough funding to pay for such a long bill. MAP-21 pulled coins out of the proverbial cushions to piece together a somewhat illusory pay-for to get MAP-21 passed. Even President Obama’s proposal for the next bill is just four years.
  • Maintaining the formulas for existing core programs. Ouch. A primary goal of transportation reformers is to tie more money to performance and merit instead of giving states no-strings-attached funding that tends to get wasted on highway expansion. Reforming the existing formulas could force states to prove that they’re spending money well, using a benefit-cost analysis in their decision making, and thinking smart about the future.

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Chuck Schumer Proposes Making Bike-Share Memberships Tax Deductible

If you drive to work, the IRS allows you to pay for parking with pre-tax money. Same goes if you take the train or the bus (though transit commuters can’t claim as much tax-free earnings as car commuters). People who ride their own bikes are also eligible to deduct some associated costs. But if you get to work using Citi Bike, Divvy, Nice Ride, or any of the other bike-share systems sprouting up in American cities, you get no such assistance from Uncle Sam.

Those to use bike share to commute to work may soon be eligible for the same tax benefits everyone else receives. Photo: Steven Vance

People who ride bike-share to work may soon be eligible for tax benefits like other commuters. Photo: Steven Vance

New York Senator Chuck Schumer wants to change that by treating bike-share memberships like other commuting costs. Schumer plans to add an amendment to a Senate package of tax benefit extensions that would specifically list bike-share memberships as an eligible expense for transportation fringe benefits.

“Bike share programs are an efficient, healthy, and clean form of mass transportation, and they should be treated the same way under the tax code as we treat car and mass transit commuters,” he said in a statement yesterday.

The amendment would allow commuters to deduct up to $20 per month in bike-share expenses from their taxable income, the same as regular bike commuters. That would make the entire cost of an annual bike-share membership tax-deductible. Chicago’s Divvy, for instance, is prices at $75 per year, NYC’s Citi Bike costs $95, and at the very high end of the spectrum, Deco Bike in Miami Beach costs $150. For commuters, a low-cost transportation option could become an even better bargain.

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A Bill to Make American Streets Safer Surfaces in the Senate

Has the moment finally arrived for a national complete streets law?

Guadalupe Street in Austin, Texas. Photo:

Guadalupe Street in Austin, Texas. Photo: City of Austin Public Works Department/Flickr

A bill creating incentives for transportation agencies to design safe streets for everyone — pedestrians and cyclists in addition to motorists — is back on the floor of Congress this week. Senators Brian Schatz (D-Hawaii) and Mark Begich (D-Alaska) are sponsoring the Safe Streets Act of 2014, which would require all states to develop complete streets policies for federally funded roads within two years. A companion piece of legislation was introduced in the House of Representatives last year.

Exemptions would be allowed, with special approval, on limited access highways, in very rural areas, or if the agency could demonstrate the cost was “excessively disproportionate” to the anticipated bike or pedestrian traffic.

In the last 10 years, 47,000 pedestrians have been killed on American roadways, thanks in part to street designs that make walking dangerous. Two-thirds of pedestrian deaths occur on federally funded roads, according to Senators Schatz and Begich.

“Our legislation provides commonsense solutions to consider the needs of our seniors and children, encourage alternative forms of transportation, and make our roads and communities safer for everyone,” said Schatz.

Groups including the National Association of Realtors, Smart Growth America, and AARP cheered the bill’s introduction.

“Safe mobility options … are essential to the independence and well-being of mid-life and older Americans,” said Joyce Rogers, senior vice president of government affairs at AARP, in a press release. “Fully one-fifth of persons age 65 and above does not drive. Yet almost half of respondents to an AARP survey of persons age 50 and above said they cannot safely cross the main roads in their neighborhoods. “

Schatz and Begich are seeking additional sponsors. The full text of the bill is not yet online.