Update from Washington, D.C. 02/10/2012
Just a few weeks into the second session of the 112th Congress,
legislators have been confronted with a bevy of issues. The list
of items will only grow once the President’s budget is released
on Monday. In the meantime, negotiations on a long-term extension
of the payroll tax cut have stalled as partisan divide continues
to cripple efforts aimed at moving forward. As those efforts are
delayed, the House and Senate individually cleared legislation
that would prevent insider trading in Congress.
The main focus in Washington, however, has and will continue to
be transportation matters. An agreement (HR 658) was reached on a
much-anticipated, multi-year reauthorization of aviation programs
under the Federal Aviation Administration (FAA). The House
approved the legislation February 3, and the Senate followed suit
on February 6. The President is expected to sign the bill into
law shortly. This is the first reauthorization of federal
aviation programs since the most recent law expired in 2007.
Since then, the FAA has been operating on a number of short-term
extensions.
The four-year bill authorizes approximately $15.9 billion
annually through the end of fiscal year 2015. It will increase
direct access to Washington Reagan National Airport from the West
Coast by adding additional nonstop flights. The legislation would
also continue the Essential Air Service (EAS) program, although
it limits participation to those communities that are already
participating. In addition, HR 658 provides stable funding for
Airport Improvement Program (AIP) grants, which are used for
airport infrastructure.
While legislators were able to find common ground on FAA
reauthorization, it may prove more difficult to forge an
agreement on a surface transportation bill. House GOP leaders
recently unveiled their proposal – the American Energy and
Infrastructure Jobs Act of 2012 (HR 7) – that would authorize
$260 billion over a five-year period for highway, transit, and
highway safety programs.
A number of stakeholders have weighed in with their thoughts on
the legislation, many expressing reservations or opposition to
what they view as a bill that is inadequate to meet the growing
transportation needs of the country. Meanwhile, congressional
Democrats are united in their opposition to the financing
component of the legislation.
To offset the cost, GOP leaders have proposed using royalties
from expanded oil and gas drilling in Alaska’s Arctic National
Wildlife Refuge (ANWR), the eastern Gulf of Mexico, and off the
California Coast. Also included in the package is language
pertaining to the Keystone XL Pipeline. According to the
Congressional Budget Office (CBO), the energy provisions in HR 7
would together raise $4.8 billion over the next decade.
Additional money for the transportation bill would be raised
through changes to federal employee pensions.
CSAC, in cooperation with RCRC, has provided comments to members
of the California congressional delegation on HR 7. While the
associations are supportive of a number of features of the
legislation, there are some deficiencies that need to be
addressed before the bill advances.
Of particular concern, the House bill eliminates the Highway
Bridge Program and, by extension, the 15 percent set-aside for
off-system bridges. Under the legislation, off-system bridges
would remain eligible for funding under the Surface
Transportation Program (STP); however, there would no longer be a
mandatory spending requirement. Similarly, the House bill would
eliminate dedicated funding for the High-Risk Rural Roads (HRRR)
program, Transportation Enhancements (TEs) and the Secure Routes
to School programs.
During Transportation and Infrastructure Committee consideration,
Representative Tom Petri (R-WI) offered an amendment that would
have restored dedicated funding for the TE and Secure Routes to
School programs, but it was narrowly defeated.
The House bill also includes provisions aimed at streamlining the
transportation project delivery process. Specifically, HR 7 would
establish a program designed to eliminate duplicative State and
Federal environmental reviews and approvals. A State would be
able to use State laws and procedures to conduct reviews and make
project approvals in lieu of Federal environmental laws and
regulations. Such a program would help to substantially
accelerate the delivery of transportation projects by eliminating
redundant documentation, while at the same time improving the
effectiveness of federal expenditures and reducing overall
project costs.
It should be noted that in order to participate in the program,
the bill would require the Secretary of the Department of
Transportation to determine that the alternative environmental
review procedures of the State are substantially equivalent to
the applicable Federal laws and regulations.
House leadership plans to consider HR 7 on the House floor next
week, with the goal of completing it by February 17.
Across Capitol Hill, the full Senate began debate on its
transportation reauthorization bill (MAP-21) this week, with
consideration expected throughout the week of February 13. This
comes after the Senate Finance Committee was able to approve a
package of miscellaneous offsets to fund the measure.
A number of amendments are expected to be offered on the Senate
floor, including amendments that would restore dedicated funding
for programs of concern to California counties. At press time,
amendments were expected on the Highway Bridge Program, TEs, and
the Safe Routes to School program.