FEDERAL PUBLIC TRANSPORTATION ACT OF 2012

FEDERAL PUBLIC TRANSPORTATION ACT OF 2012

The public transportation piece of the bill

(1) maintains current funding levels (2) improves safety oversight (3) addresses the condition of nation’s public transportation system’s assets (4) consolidates programs (5) streamlines the construction of public transportation projects

FEDERAL PUBLIC TRANSPORTATION ACT OF 2012

Authorizes $10.584 billion for FY 13

$10.701 billion for FY 14 for transit, of which

$8.478 billion and $8.595 billion are out of the

Mass Transit Account of the Highway Trust Fund

PUBLIC TRANSPORTATION SAFETY PROGRAM

49 U.S.C. 5329

The bill provides the Department a

considerable portion of the authority requested by the Secretary to put in place a Federal safety program for

rail-transit systems.

PUBLIC TRANSPORTATION FORMULA PROGRAMS

New and Amended

PUBLIC TRANSPORTATION FORMULA PROGRAMS

• State of Good Repair Grants • Formula Grants for the Enhanced Mobility of

Seniors and Individuals with Disabilities • Urbanized Area Formula Grants Program • Formula Grants for Rural Areas • Bus and Bus Facilities Formula Grants • Growing States and High Density States

Formula Program

STATE OF GOOD REPAIR 49 U.S.C. 5337

• Modernizes and renames the current fixed guideway modernization program

• Goal • to move the nation’s public transportation systems

toward a state of good repair, and • maintain those systems in a state of good repair

STATE OF GOOD REPAIR

FY 2013 $2.136 billion FY 2014 $2.166 billion

Eligible recipients • State • local government

authorities

STATE OF GOOD REPAIR 49 U.S.C. 5337

• CURRENT FIXED GUIDEWAY MODERIZATION FUNDING TIERS ARE REPLACED

• NEW FORMULA – AGE OF THE SYSTEM – REVENUE VEHICLE MILES – DIRECTIONAL ROUTE MILES

STATE OF GOOD REPAIR 49 U.S.C. 5337

MAJOR CATEGORIES

1. RAIL FIXED GUIDEWAY STATE OF GOOD REPAIR FORMULA PROGRAM 2. HIGH INTENSITY BUS STATE OF GOOD REPAIR FORMULA PROGRAM

STATE OF GOOD REPAIR

49 U.S.C. 5337

High Intensity Rail Fixed Guideway State of Good Repair Formula

• 97.15 percent of the amount available in each FY 2013 and 2014 will be apportioned

• Segments of fixed guideway systems must be in revenue service at least 7

years to be attributable to a UZA.

STATE OF GOOD REPAIR

49 U.S.C. 5337

High Intensity Motorbus State of Good Repair Formula Program

• Provides resources to systems that operate buses on high occupancy vehicle lanes • Apportions 2.85 % of the total amount available each FY year • Segments of fixed guideway motorbus systems must be in revenue service at least 7

years to be attributable to a UZA

TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326

• Recipients must establish and use an asset management system to – develop capital asset inventories and condition

assessments – report to FTA on the condition of their system

TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326

• Transit Asset Management Plan includes, at minimum, – capital asset inventories and condition

assessments – decision support tools – Investment prioritization

TRANSIT ASSET MANAGEMENT SYSTEM 49 U.S.C. 5326

• FTA defines “state of good repair” • Definition must include objective standards

for measuring the condition of capital assets.

STATE OF GOOD REPAIR 49 U.S.C. 5337

BEFORE AFTER

FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES

49 U.S.C. 5310

FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND

INDIVIDUALS WITH DISABILITIES 49 U.S.C. 5310

• Consolidates the existing “Elderly and Disabled Program (49 U.S.C. 5310) with the New Freedom Program (49 U.S.C. 5317)

• Purpose of consolidation

– Increase level of resources available for both program activities beyond the current level in existing programs

FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND

INDIVIDUALS WITH DISABILITIES 49 U.S.C. 5310

• $254.8 million in FY 2013 • $258.3 million in FY 2014 • Program continues support for

– Non-profit providers of transportation – Public transportation services that exceed the

requirements of the Americans with Disabilities Act.

URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336

• FY 2013 $4.398 billion • FY 2014 $4.459 billion • Maintains basic structure of existing grant

program • Job Access and Reverse Commute program

(JARC) (49 U.S.C. 5316) eliminated – JARC activities eligible under Urbanized Area

Formula Grants Program

URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336

• Operating Assistance – Continues to allow recipients in areas small UZAs

to use funds for operating – Allows recipients in large UZAs

• operating up to 75 buses in fixed route service during peak hours to use 75% of their 5307 funds for bus operations

• operating 76 to 100 buses in fixed route service during peak hours to use 50% of its 5307 funds for bus operations

URBANIZED AREA FORMULA GRANTS 49 U.S.C. 5307 & 5336

• Set aside – $30 million each FY for passenger ferries – Awarded on competitively

FORMULA GRANTS FOR RURAL AREAS 49 U.S.C. 5311

• $599.5 million in FY 2013 • $607.8 million in FY 2014 • Maintains funding to States for transit in rural

areas • Rural component of eliminated JARC program

included as eligible activity.

FORMULA GRANTS FOR RURAL AREAS 49 U.S.C. 5311

• Set asides – $20 million for a new Appalachian Development

Public Transportation Program • to States within the Appalachian region

– $30 million for Public Transportation on Indian Reservations

• $25 million distributed by formula • $5 million distributed competitively

Bus & Bus Facilities Formula Grant Program 49 U.S.C. 5339

• Replaces the bus and bus facilities discretionary program under 49 U.S.C. 5309

• FY 13 $422 million

• FY 14 $427.8 million

• Funds available for replace, rehabilitate, and purchase buses and related equipment; and to construct bus-related facilities

Bus & Bus Facilities Formula Grant Program 49 U.S.C. 5339

• Eligible Recipients: Operators of fixed route bus services in UZAs or that allocate funding to fixed route bus operators

• Eligible Subrecipients: Public agencies, private companies engaged in public

transportation or private nonprofit organizations • National Distribution of funds: - $65.5 million to all States and territories with

each State receiving $1.25 million and each territory receiving $500,000 • Remaining funds allocated pursuant to formula in Section 5336 based on

population and bus factors • 80/20 share. • 3 year availability

Growing States & High Density Formula Grants 49 U.S.C. 5340

Unchanged

• FY 2013 $518.7 million • FY 2014 $525.9 million

FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)

49 U.S.C. 5309 New Starts Changes in MAP-21

• $1.9 billion in each FYs 2013 & 2014 • Two categories of Projects – new fixed guideway capital projects or small starts , including BRT, and – core capacity improvements • Core capacity improvements – Same process of New Starts projects – Allows necessary and significant investment in existing systems – Requires project to achieve at least a 10% increase in capacity

FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)

49 U.S.C. 5309

Project Development

• Eliminates the requirement for Alternative Analysis; • Replaced with Project Development – notice to FTA, not approval by FTA – must be completed in 2 years unless extension granted – notification to Congress when started

FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)

49 U.S.C. 5309

Engineering • Eliminates the requirement for FD approval; single stage--

"engineering“ – Local Preferred Alternative selected, in Long Range plan, NEPA complete to enter – FTA rates project for entry, must rate "medium" overall • Congestion relief has replaced operating efficiency under project

justification • Rating criteria varies based on the type of project • All projects evaluated on degree of local financial commitment – FFGA at end of engineering – Must get "medium" rating overall

FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS (New Starts)

49 U.S.C. 5309

Warrants

– allow for an expedited review process of projects

• seeking less than $100 million in New Start funds or • New Starts funds for no more than 50% of the total project

cost – Requires existing transit system to be in a state of

good repair – Not available for small start projects

PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM 49 U.S.C. 5324

• Funds will assist states and public transportation agencies in covering expenses related to – Protecting, repairing, or

replacing equipment and facilities that are:

• In danger of suffering serious

damage due to a pending emergency, or

• Have suffered serious

damage as a result of an emergency

REPEALED PROGRAMS 49 U.S.C. 5308: Clean Fuels Grant Program

49 U.S.C. 5309 Bus and Bus facilities Discretionary Program

49 U.S. C. 5309 Fixed Guideway Modernization Program

49 U.S.C 5316: Job Access Reverse Commute:

49 U.S.C. 5317: New Freedom Program

49 U.S.C. 5320: Alternative Transit in Parks and Public Lands

49 U.S.C. 5328: Project Review

49 U.S.C. 5339: Alternatives Analysis Program

Section 3038 of the Transportation Equity Act for the 21st Century: Over the Road Bus Program

Section 3009(i) of SAFETEA-LU: Contracted Para-transit Pilot Program

Section 3011(c) of SAFETEA-LU: Public Private Partnership Pilot Program

Section 3012(b) of SAFETEA-LU: Elderly Individuals and Individuals with Disability Pilot Program

Section 3045 of SAFETEA-LU: National Fuel Cell Bus Program

Section 3046 of SAFETEA-LU: Allocations for National Research Technology Program

RULEMAKINGS • New Fixed Guideway Capital Investment Grants:

– Issue rules establishing a new evaluation and rating process.

• Private Sector Participation:

– Issue rules that identify statutory impediments to public-private

partnerships and address such impediments. – Publish policy guidance on how recipients of FTA financial assistance can

best document compliance with private enterprise participation requirements.

RULEMAKINGS

• Bus Testing: – Issue rule to establish a bus model scoring system that provides a pass/fail

standard, working with the testing facility, bus manufacturers, and transit agencies to develop the scoring system.

• Transit Asset Management:

– Issue rule to establish performance measures based on the state of good

repair standards – Issue rule to implement a transit asset management system.

RULEMAKINGS • Public Transportation Safety: – Create and implement a national public transportation safety plan to

improve the safety of all public transportation systems receiving Chapter 53 funds.

– Establish interim provisions for the certification and training of Federal and State safety oversight personnel, to be formalized via a final rule.

– Issue a rule allowing small public transportation providers or systems receiving Section 5307 funds to have their safety plans drafted or certified by a State.

– Issue rules to implement the new Section 5329 requirements (i.e., amending 49 CFR 659 or establishing a new implementing Part).

• Alcohol and Drug Testing: – Amend 49 CFR 655 to allow for the partial withholding of FTA financial

assistance for recipients who have been found in non-compliance.