Streetsblog Capitol Hill

Complete a project on-time and on-budget. Or blow deadlines, run into setback after costly setback, only to return to the funding source with outstretched hands.

Louisiana's $94 million Interstate 49 extension went $9 million over budget. Photo: Marshfield News Herald

In the view of the Federal Highway Administration, it makes little difference. Each year this agency hands out roughly $40 billion in highway money based on federal formulas to State DOTs and then, it effectively steps aside — unless additional funding is requested.

Although the federal government provides almost 80 percent of the funding for highway projects across the country, a vast majority are subject to little to no federal oversight, according to an analysis by Gannett News. And that leads to a lot of waste.

While even the most mundane transit projects like Troy, Michigan’s $8.5 million Amtrak station undergo intense scrutiny by so-called fiscal watchdogs like Mayor Janice Daniels, the classic money-waster — the old, over-budget highway-to-nowhere projects — almost always escapes even the most superficial level of quality assurance.

More than half of federally funded highway projects run over budget, and 45 percent are late, the analysis shows. And whether a state is a consistent top performer or a virtual money pit, the Federal Highway Administration lacks the authority to impose best practices.

FHWA has expanded scrutiny for major projects — those that cost more than $500 million. But this year, just 87 of 136,000 FHWA-funded projects fell into that category.

Cited in the article is an analysis by the American Association of State Highway and Transportation Officials finding that State DOT performance varies wildly, from some budget-faithful all stars like California, Georgia and Texas — that complete 85 percent of projects on target — to an unidentified state agency bringing up the rear at 13 percent.

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These numbers, from the Office of Management and Budget, indicate that the Highway Account of the Highway Trust fund is in better fiscal shape than previously thought. So why are senators still chasing after $12 billion? Source: OMB

Sen. Max Baucus (D-MT) and his Finance Committee have been looking high and low for a $12 billion patch to fund the transportation reauthorization bill that passed the Senate EPW Committee a few weeks ago. According to Politico’s transportation reporters, the top Republican on the Finance Committee, Sen. Orrin Hatch, has already rejected several of Baucus’s ideas.

But the question is not only, “How will we get the money?” It’s also, “How much money do we need?” The dollar amount the Senate is seeking could lavish more money than necessary on roads while leaving transit out in the cold.

The EPW Committee wants to hold transportation spending at current levels (plus inflation), which they estimate at $109 billion over two years. Receipts into the Highway Trust Fund (from gas taxes and other vehicle fees) aren’t expected to be sufficient to pay that bill. The Congressional Budget Office told the committee that the HTF is $12 billion short of the amount needed to fully fund the bill. That amount is destined just for highways, based on projections that the Mass Transit Account will be solvent through the end of 2013 – in fact, ending that year with a $1.5 billion balance.

But last month, the two top members of the Senate Banking Committee, which has jurisdiction over transit, asked FTA Administrator Peter Rogoff for confirmation of those numbers [PDF]. Rogoff replied that he, in fact, found another set of numbers to be more accurate [PDF].

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This chart shows the amount of Federal-Aid Highway money given to each state per dollar contributed to the Highway Account of the Highway Trust Fund for fiscal years 2005-2009. Image: GAO

You’ve probably heard some grumbling or chuckling — depending on where you live — about the way federal highway funds are distributed to states.

And it’s true that for quite some time, the country was divided into “donor” and “donee” states, each group either contributing more revenue than they received from the Federal-Aid Highway Program or vice versa.

But that is no longer the case, according to a new report from the Government Accountability Office. Between 2005 and 2009 every state in the union received more Federal-Aid Highway dollars than it contributed through fuel taxes and other fees.

But while that might sound great, the truth is it’s bad news no matter where you live. This was only possible because the roughly $200 billion in Federal-Aid spending over that time period included $30 billion from the general fund — a trend that presents some rather obvious sustainability concerns, to say nothing of equity for non-drivers.

“A significant amount of highway funding is no longer provided by highway users,” GOA stated in the report.

Discrepancies in “rate-of-return” were also mitigated by the 2005 SAFETEA-LU which offered an “equity bonus” to donor states. The program guaranteed a minimum return to states, resulting in a higher rate-of-return for all states, and as much as a 25 percent increase for some.

That doesn’t mean funding discrepancies have been eliminated, as the map above illustrates.

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We knew it could happen, people! There had to be a better way to distribute federal dollars than Congressional earmarks. The FHWA just announced that 11 programs, funded at a combined $422 million, will be making discretionary grants for innovative projects. “These grants will support projects that work to improve safety, maintain a state of good repair, and make communities more livable,” the FHWA statement said. The money for most of those 11 programs used to be consumed almost entirely by earmarks.

This network of urban bike trails in Minneapolis is a project of National Scenic Byways - one program with available funds that won't be taken up by earmarks. Photo: Minneapolis Parks

The League of American Bicyclists is optimistic about these grants. “Bicycle and pedestrian projects are eligible for almost all federal-aid transportation programs,” writes the League’s Darren Flusche. He found potential for bike projects in some unlikely places, from the Ferry Boat program, which can grant money for bicycle racks, to the $98.5 million Public Lands Highways program, which, Flusche says, can fund pedestrian and bike projects that improve access to federal lands and facilities.

It’s encouraging to see the government using a more thoughtful method of allocation for these pots of money that used to be allocated mostly through earmarks. It’s a good sign that states and metro areas will have to compete to show that their projects are the most efficient and innovative — it will no longer be enough just to be on your Congressman’s good side.

There are many opportunities for advocates of transportation options to take advantage of these funds. Here’s the full list of programs that will fund this new round of grants:

• Delta Region Transportation Development – $10 million
• Ferry Boat – $47 million
• Highways for LIFE – $20 million
• Innovative Bridge Research and Deployment – $4.5 million
• Interstate Maintenance – $100 million
• National Historic Covered Bridge Preservation – $9 million
• National Scenic Byways – $43.5 million
• Public Lands Highways – $98.5 million
• Rail Highway Crossing Hazard Elimination in High Speed Rail Corridors – $21 million
• Transportation, Community, and System Preservation – $61 million
• Truck Parking Facilities – $7.5 million

There are some unexpected opportunities to fund transit and active transportation projects from these programs.

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The Association of State Highway and Transportation Officials is withdrawing its opposition to an important federal policy change that puts cyclists and pedestrians on a more equal footing with motorists.

Should infrastructure like bike lanes come standard on transportation projects that receive federal funding? AASHTO is reconsidering its opposition to an FHWA policy that makes accommodating bikes and pedestrians the rule, not the exception. Photo: Agit Corp

Active transportation groups were outraged earlier this month when AASHTO requested that the FHWA revert to an old standard that required state DOTs show only that “due consideration” had been given to the needs of cyclists and pedestrians in federally financed transportation projects. A newer requirement increased the standard to “due accommodation,” shifting the burden on transportation agencies to demonstrate that extreme circumstances prevent the inclusion of bike and pedestrian infrastructure.

In his statement Friday, AASHTO Executive Director John Horsley said the agency’s request was meant “to streamline the effort and paperwork required to justify why bicycle or pedestrian facilities may or may not be appropriate on a given federal aid project.” But he added that the group would withdraw the request in light of opposition that emerged after the League of American Bicyclists, this blog and other bike advocates took up the issue.

Horsley said that since that time several state DOT chiefs also came out against the request, including Matthew Garrett of the Oregon DOT.

“In response to the concerns expressed by several members of AASHTO’s Board of Directors, President [Susan] Martinovich has directed AASHTO for the time being to withdraw its request that FHWA rescind its guidance on the meaning of ‘due consideration’ of bicycle and pedestrian needs,” said Horsley. “This will give AASHTO an opportunity to meet with bicycle and pedestrian advocacy groups on May 19 to discuss this issue.”

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A powwow between Senate Majority Leader Harry Reid, President Obama, and House Speaker John Boehner last night failed to yield a compromise that would put a budget in place before the government shuts down at midnight tonight. The failure of yet another attempt to negotiate makes a government shutdown all but inevitable.

A government shutdown could empty out the D.C. metro system. Photo: Examiner

Just a month ago, AASHTO sounded the warning that the transportation sector could lose up to $100 million a day in case of a shutdown. However, Congress’s extension of SAFETEA-LU through the end of the fiscal year (September 30) has put their minds at ease. Now, AASHTO spokesperson Tony Dorsey says spending for federal highway programs will continue unabated, despite a shutdown. “At this point,” Dorsey said, “we’re not anticipating any issues.” Still, he said, they’re hoping that “should there be a shutdown, it will be a very, very short one.”

But that’s not the whole story. According to a detailed DOT shutdown plan, the vast majority of the Federal Transit Administration would shut down, keeping only 54 out of 575 positions working. Already-awarded stimulus grants would continue to receive oversight and the Lower Manhattan Recovery Office would continue to function. The $270 million that the FTA normally remits to transit agencies every week would cease.

Jeff Rosenberg, government affairs director for the Amalgamated Transit Union, says the SAFETEA-LU extension only continues government’s authority to pay for transportation programs. But “if the FTA isn’t authorized to open the door,” he says, those payments will cease. That could be especially damaging for smaller metros that receive operating assistance, not just capital funds, from the feds. However, he’s hopeful that a potential shutdown would only last a couple of days and would just be “a blip on the screen.”

What else can you expect to happen if the government does shut down as of midnight tonight?

• At least 800,000 federal employees would be furloughed immediately. That would cause a massive drop in transit ridership, especially here in D.C., where Metro is predicting a five to 20 percent drop in case of a shutdown. Michael Perkins of Greater Greater Washington estimates that this would result in a loss for Metro of a quarter million dollars a day.
• Amtrak’s federal subsidies – up in the air for months now anyway as Congress debates whether to eliminate them, reduce them, or maintain them – will stop. However, Amtrak CEO Joe Boardman recently assured employees that the rail operator can keep going on ticket revenue alone in the short term.
• The Federal Highway Administration will stay open, with no positions furloughed, according to the DOT shutdown plan. The FHWA is funded with contract authority and has enough funds available to operate in that way for about a month.

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Across the country, Highway Bridge Program funds fail to meet states' needs.

Few people think that this could happen to their local bridge or highway overpass, but a snowballing epidemic of deferred maintenance could mean more and more bridge closings across the country. How we got here is the subject of Transportation for America’s new “Fix It“ campaign, which was launched yesterday with the release of a special report on the country’s aging bridges. “The Fix We’re In For: The State of Our Nation’s Bridges” [PDF] aims to motivate Congress to significantly increase “common sense” funding for the repair, reconstruction and upgrading of existing bridges and overpasses. It addresses the political and fiscal challenges that transportation officials face in maintaining the infrastructure we already have. The report marks a significant contribution of data to the national transportation debate and presents an interactive online map that people can use to check the safety of the bridges in their area, offering a new level of transparency on the status of our bridges.

The National Association of City Transportation Officials’ Urban Bikeway Design Guide was 20 years in the making, and already it’s having an impact, says the organization’s Mia Birk.

Bringing together transportation officials from 20 major cities to discuss progress on bikeway designs in the U.S. produced quite a few “aha moments,” said Birk. For one, transportation officials learned that many of the bikeway innovations they had been adopting from Europe aren’t as innovative as they had thought.

The protected bike lane on New York City's Ninth Avenue.

For example, Birk said, 20 American cities use bike boxes, one of the design features that isn’t specifically endorsed by the Federal Highway Administration’s Manual on Uniform Traffic Control Devices and the American Association of Highway Transportation Officials’ design guide.

“It’s not like it’s some fringe thing anymore,” Birk said.

She added: “There’s a comfort in knowing that your colleagues are on the same wavelength.”

Conversations throughout the course of the NACTO guide development process also revealed that federal officials aren’t as unfriendly to new bike treatments as many city-level transportation officials had expected. Federal transportation officials have indicated that many of the 20 bike treatments recommended by NACTO are allowable within federal guidelines — while not explicitly endorsed — and therefore eligible for federal funding, Birk said.

“They’ve basically green-lighted a few of them a yellow-lighted a few others,” she said.

Birk described the conversations with federal transportation officials as “really effective and positive.”

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Better bicycling infrastructure could be coming to a city near you thanks to an initiative of the National Association of City Transportation Officials. NACTO’s Cities for Cycling committee today released its anticipated Urban Bikeway Design Guide, a comprehensive overview of the latest developments in bicycle infrastructure that is intended to advance state and national policy. Created for a profession that prizes design standards, the document has the potential to spur widespread adoption of bike infrastructure that makes many more people feel safe riding on the street, leading to big increases in cycling for transportation, as well as gains in pedestrian safety.

This bike box in New York gives cyclists more visibility at intersections -- a design treatment recommended by NACTO's new Bikeway Design Guide. Photo: Cities for Cycling

The guide is the result of months of study by engineers, planners and academics from fifteen major U.S. cities. It offers comprehensive design instruction on the latest in cycling infrastructure innovations from Europe and stateside, such as bike boxes, bike signals and separated cycle tracks.

“NACTO’s Urban Bikeway Design Guide gives American planners and designers the tools they need to make cycling accessible to more people,” said Janette Sadik-Khan, New York City transportation commissioner and president of NACTO. “These guidelines represent the state of the art and should be adopted as the new standards around the country.”

Planners hope their recommendations will be incorporated into the Federal Highway Administration’s Manual on Uniform Traffic Control Devices and the American Association of State Highway Transportation Officials’ design guidelines. Design manuals by these standard-bearing organizations thus far ignore some of the cutting-edge bike treatments that have been adopted in cities like Portland and New York, as well as European cities. As we reported earlier this week, this makes funding and planning for these potentially life-saving projects difficult and time consuming, particularly for smaller cities, NACTO officials said.

In the meantime, Cities for Cycling is encouraging local communities to adopt its recommendations. Already, the states of Washington and Texas are looking to make NACTO’s standards official, sources say.

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I know I said I wasn’t going to post during my vacation, but I thought you’d be interested in this new report from the FHWA, and, perhaps more notably, the Republican reaction to it. The agency just submitted a report to Congress on the use of highway shoulder lanes as traffic lanes. (It’s not online, or we’d link to it.) Update: here it is. [PDF]

In Minneapolis, the shoulder on I-35W is open for buses, carpoolers, and other vehicles during heavy traffic. Image: Metro Council

The report, written by the FHWA and the Texas Transportation Institute, recommended setting clearer agency guidance on using shoulders for traffic. Incoming Transportation Committee Chair John Mica (R-FL) heralded the idea as a way to “achieve cost savings by better utilizing existing highway capacity.” He emphasized that he’s not interested in ”paving over America’s landscape.”

Expanding the existing footprint of our nation’s highway system can be costly and time consuming.  Our interstates have become parking lots and this report confirms low cost and effective solutions exist to relieve congestion.  By using existing highway footprints and right-of-way, States will have another effective, low cost means to reduce congestion and enhance mobility.

Encouraging words, to an extent. But the FHWA report, while acknowledging potential benefits for alleviating traffic congestion, says the safety impacts of opening shoulder lanes to traffic are unclear. Europeans have gained safety benefits by utilizing shoulder lanes, the report says, but “the shoulder use is only a part of a much larger investment in ATM [Advanced Traffic Management] technology and resources to manage them.”

In the U.S., where they have been studied, safety impacts have been negative. “There have been longer incident clearance times in areas that don’t have shoulders available to move incidents off the highway. Also, responders don’t have the benefit of traveling the shoulder to reach the incident scene.”

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