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The Appalling Rollback of Truck Safety Provisions in the DRIVE Act

A battle is brewing over the Senate transportation bill’s approach to truck safety. Though large trucks are involved in crashes that kill nearly 4,000 people a year — a number that has grown by 17 percent over the past five years — the DRIVE Act actually rolls back what few protections exist.

The bill would allow longer and heavier tractor-trailers. Trucking companies would be able to double up two 33-foot trailers behind one truck, even in states that have banned such big loads.

The bill would also cut down on mandated rest periods for truckers, a long-simmering question. Right now, truckers have to rest for at least 34 hours between work weeks, with that 34-hour break including two overnights and the work week not including more than 70 hours of driving. The Senate bill would allow truckers to work 82 hours a week with less rest.

Perhaps most appalling, the DRIVE Act would let teenagers drive commercial trucks.

Yes, the bill would allow 18-year-olds to drive commercial trucks, despite the elevated crash risk of teenage drivers. A raft of legal provisions and insurance standards work to protect the public from notoriously unsafe teen drivers, who pose a danger to society even driving a VW bug, much less a big rig with two 33-foot trailers.

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Senate Transpo Bill Sinks Under the Weight of Its Own Chicanery

Last night, the Senate voted to proceed with the consideration of the transportation bill Majority Leader Mitch McConnell and Democrat Barbara Boxer had worked out. It was just a day after the body had voted to block progress, objecting that they hadn’t had time to even look at the bill.

The policy elements of the bill are largely untouched from what we’ve already seen: the Environment and Public Works Committee’s DRIVE Act and the Commerce Committee’s section on rail and safety. Much of that was largely untouched from MAP-21.

A threat to eliminate TIGER was eliminated. A new formula-based multi-modal freight program is included. Some good language on Complete Streets appears to be gone. Advocates will feel better when the transit section gets fleshed out, and the Banking Committee is still MIA. This bill just doesn’t include earth-shaking policy changes.

But truly, the uproar over it has never been about policy. It’s all about funding. You know this because you haven’t been living under a rock for the last five years.

Because of the unreasonable and unyielding refusal on the part of just about everyone in the Washington political machinery to raise the gas tax, they’re left with a grab-bag of gimmicky pay-fors, or offsets, taken from other pieces of government programs. Here is the sad summary:

Image: ##

Table: CFRB

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Senate Committee Moves to Eliminate TIGER Program in Next Transpo Bill

Normal, Illinois, transformed its downtown and improved its transportation options thanks to a TIGER grant. Photo: ## for America##

A TIGER grant helped Normal, Illinois, create a more walkable downtown and new transit hub. Photo: Transportation for America

The Republican-controlled Senate is poised to eliminate the TIGER program, one of the few sources of federal funds that cities can access directly to improve streets and transit.

While the Senate Environment and Public Works Committee’s outline for its portion of a six-year bill was a marginal improvement on the status quo, the Commerce Committee’s portion, known as the rail and safety title, may wipe out a program with a proven track record of success. The committee plans to pass the bill tomorrow morning and send it to the full Senate.

The worst aspect is the elimination of the TIGER grant program, which in its 7-year history has provided funding for multi-modal projects that found little support from other federal programs. By working directly with cities and regional agencies, TIGER bypassed state DOTs more interested in big highway projects than enhancing transit, biking, and walking options.

The Commerce Committee cynically says its plan “formally authorizes the TIGER transportation grants program,” merely “refocusing” it on freight infrastructure. TIGER has always been a boon to freight projects that had trouble accessing federal dollars, but it has also funded projects to make streets safer, heal scars left by urban highways, and improve transit service. The committee can’t take eligibility away from those types of projects and still call the program “TIGER.”

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Senate Committee Passes DRIVE Act Unanimously After Some Tinkering

Given the bipartisan gushing that accompanied the release of the DRIVE Act on Tuesday, it came as no surprise that the Senate Environment and Public Works Committee passed the bill unanimously yesterday, with more gushing for good measure.

The insertion of a few little words will make the DRIVE Act a virtual complete streets policy for the entire National Highway System (except interstates). Photo: ## Arambula##

The insertion of a few little words into the DRIVE Act may lead to safer designs for walking and biking on major streets. Photo: Crandall Arambula

None of the 30-odd amendments offered for the DRIVE Act passed, but the committee leadership did accept some changes in what’s called a manager’s amendment, a group of amendments agreed to by the chair and ranking member and inserted into the bill. By and large, these small changes improved upon some provisions that were already a step up from the current law, known as MAP-21.

Transportation Alternatives Program: The bill had already improved upon MAP-21’s version of Transportation Alternatives Program by giving all biking and walking money directly to local governments instead of giving half to the state. But in its original form, the DRIVE Act allowed states to take back half that money, making the “improvement” symbolic at best. The manager’s mark struck that part, meaning local communities will have the certainty that they can spend 100 percent of their biking and walking funds without fear of having some taken away.

Complete Streets: Inhofe and Boxer added the word “safety” in a key place: a provision requiring traffic engineers to consider “the access and safety” of non-automobile modes on non-interstate roads. According to Caron Whitaker of the League of American Bicyclists, “These two changes taken together come very close to a Complete Streets policy for the National Highway System.”

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Inhofe’s DRIVE Act — Not as Big a Disaster as You Might Think

Sen. Barbara Boxer unveils yet another stab at a long-term transportation authorization bill -- this time, as the minority party. Photo: ## Weinberg/Twitter##

Sen. Barbara Boxer unveils another stab at a long-term transportation authorization bill — this time as a member of the minority party. Photo: Ali Weinberg/Twitter

No, the Senate Environment and Public Works Committee’s new six-year bill, obnoxiously named the DRIVE Act (Developing a Reliable and Innovative Vision for the Economy) [PDF], won’t usher in a more enlightened era of federal transportation policy. But neither would it be a significant step backward. And with the realization setting in that further extensions of current law might be impossible, the DRIVE Act could actually become the nation’s first long-term transportation authorization in a decade.

As Brad relayed in his post this morning, the “big takeaway” from the new bill, according to the League of American Bicyclists, is that it “is not a coherent vision of the future, or even of the present.” True that.

Note that this bill does not include the transit title — it’s up to the Banking Committee to draft that.

What the bill does, mainly, is continue existing policies related to streets and highways — meaning it’s not the nightmare you might have expected under the chairmanship of climate denying Oklahoma Senator James Inhofe. When you look closely, the DRIVE Act actually makes some improvements at the margins. Here are a few examples:

Design Standards: The bill explicitly sanctions the use of the NACTO street design guide along with the old FHWA and AASHTO engineering manuals. The NACTO guide includes designs that are much more appropriate for city streets where people outside of cars need safe and reliable transportation option.

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Movement in Congress to Let Cities and Towns Access Federal Transpo Funds

A state-level funding grant program in Pennsylvania is helping fund this campus master plan for Drexel University in Philadelphia. Image: Transportation for America

A grant program in Pennsylvania is helping fund the campus master plan for Drexel University in Philadelphia. Image: Transportation for America

Finally, proof that Congress is capable of crafting smart transportation legislation and not just zany ways to avoid raising the gas tax.

A bipartisan coalition of 10 lawmakers is supporting the Innovation in Surface Transportation Act, which would help cities, counties, and other local governments directly access federal funding for transportation projects, according to Transportation for America.

The proposal, first floated last year, would let local governments compete for at least $5 billion of the $50 billion or so in federal transportation funds allocated to states each year.

Under the bill, local agencies in each state would apply for grants, with a statewide committee selecting winners. The committees could include, for example, local chambers of commerce, active transportation advocates, transit agencies, air quality boards, ports, and others.

The bill would make better use of federal transportation dollars for two main reasons:

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Congress Trims TIGER (But Doesn’t Hack It to Pieces) in 2015 Spending Bill

Transformations like this one, in Lee County, Florida, are what TIGER is all about. Images: ## County##

Transformations like this one, in Lee County, Florida, are what TIGER is all about. Image: Lee County

The drama is over; the House and Senate have both passed the “cromnibus” spending bill [PDF] that funds government operations through the end of fiscal year 2015. And the Department of Transportation’s TIGER program survived.

While small, TIGER has proven to be a significant source of funding for local transit and active transportation projects, enabling cities, regions, and transit agencies to directly access federal support without going through state DOTs.

Back in May, Republicans proposed to cut the discretionary TIGER grant program by 83 percent and to limit TIGER grants to the GOP’s own myopic view of transportation priorities: roads, bridges, ports, and freight rail. They explicitly stated that the funds should not be used for “non-essential purposes, such as street-scaping, or bike and pedestrian paths.” As Streetsblog reported in May, they also wanted to cut eligibility for a bunch of projects related to transit, sidewalks, carpooling, safety, planning, and congestion pricing.

The final outcome is better than that but worse than 2014. TIGER got trimmed from $600 million in funding this year to $500 million in 2015, while the House didn’t get the ban on funding for active transportation projects that it wanted.

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GOP Will Control the Senate in 2015 — What Does It Mean for Transportation?

The forecasting models were right: As the polls closed last night it quickly became apparent that Republicans will gain control of the Senate, with at least 52 seats now held by the GOP. The implications for transportation are immense. To understand what they are, first let’s look at what last night means for the prospects for a new transportation bill next year. Then we’ll get inside the committees for a nitty-gritty look at the leadership shakeup.

The Bill

Sen. Jim Inhofe (R-OK) will take the reins of the powerful EPW committee -- and he just can't wait to eliminate all federal bike/ped funding. Photo: ## Sen. Inhofe##

Climate denying Senator Jim Inhofe (R-OK) will take the reins of the powerful EPW committee — and he just can’t wait to eliminate all federal bike/ped funding. Photo: Office of Sen. Inhofe

First and foremost, both chambers of Congress will be in GOP hands when the current transportation bill, MAP-21, comes due for renegotiation next spring.

Bicameral Republican control strongly suggests that the door to increased revenues is closed. (It was hardly open under a Democratic Senate, either.)

GOP control could make it challenging to extend the current law as well. Senators had to scrounge for ways to pay for MAP-21, settling for a grab-bag of gimmicks. There isn’t more loose change to be found under the cushions. And no one in Congress, on either side of the aisle, has the appetite for deficit spending.

Other scenarios don’t look much better. Republicans and Democrats could use the lame duck period between now and January to hammer out a revenue deal, for instance. That would benefit the Republicans by raising taxes on the Democrats’ watch (but after the elections, when they don’t have to worry about the Republican base slamming them for not fighting hard enough). With the funds in hand for a multi-year bill, the details of how to spend it would then get hammered out after the GOP takes control of the Senate.

This is unlikely, however. There’s enough that already has to be done during the lame duck, first of all. Second, the reluctance on both sides to raise revenues isn’t all show: Most members of Congress are truly unwilling to increase what they see as a middle-class burden, no matter who’s watching. Besides, House Speaker John Boehner doesn’t have the cohesion within his party to do something so strategic, and the Democrats might not even go along with it.

The other possibility, of course, is that instead of raising revenues to match desired expenditure levels, Congress can limit spending to match gas tax receipts. Former House Transportation Chair John Mica tried that a few years ago and it didn’t go anywhere. Many people think that idea has been tried and discarded, but others think it could easily return, given how few options remain.

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Bi-partisan Senate Bill Would Give Locals More Say Over Transpo Spending


Improving local access to transportation funds would help build project’s like the multi-modal Atlanta BeltLine. Rendering: Atlanta BeltLine

When it comes to transportation funding, cities and towns occupy the bottom of the totem pole. The vast majority of federal transportation money goes to states, to the exclusion of local governments. That means state DOTs get tens of billions to spend on highways each year, while mayors and local agencies have to scrounge for money to improve transit, build sidewalks, or add bike lanes.

A bipartisan bill introduced in the Senate Thursday could give local governments greater access to federal funding. Senators Cory Booker (D-NJ) and Roger Wicker (R-MS) introduced the Innovation in Surface Transportation Act — Senate Bill 2819 [PDF] — which would set aside some federal transportation money for states to redistribute to cities and towns on a competitive basis.

Mississippi Senator Roger Wicker says municipalities around his state want access to federal transportation funds. Photo: Senator Wicker

Mississippi Senator Roger Wicker says municipalities around his state want access to federal transportation funds. Photo: Senator Wicker

The legislation would devote 10 percent of federal surface transportation funding — or about $5 billion per year — to local-level projects. The funds would be split up between the states, and in each state a panel would distribute the money on a competitive basis to local governments, transit agencies, and regional planning agencies.

Senator Wicker said the bill is supported by localities across Mississippi as well as the Mississippi Municipal League.

“Local officials in Mississippi are on the front lines of America’s transportation challenges but often lack the resources to pay for critical improvements,” he said in a statement. “This measure would enable these local leaders to have a larger role in deciding which projects merit consideration. In doing so, leaders could implement the most targeted and cost-effective solutions to meet unique and urgent infrastructure needs.”

Three other senators — Mark Begich (D-Alaska), Bob Casey (D-Pennsylvania), and Thad Cochran (R-Mississippi) — have also signed on as sponsors. The Senate bill has a companion in the House — HR 4726, which has been held up in committee.

David Goldberg, communications director for Transportation for America, a leading supporter of the measure, said he doesn’t expect the bill to be passed into law before the holiday recess. But support for the bill today, he said, could help shape the next transportation bill.

Transportation for America is asking supporters to email their senators and urge them to support the measure.

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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: ##

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:

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 antibike 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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