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How State DOTs Got Congress to Grant Their Wish List

Bike and pedestrian funding got slashed. Federal assistance for transit operations was rejected. Even the performance measures – arguably the high point of the recently passed federal transportation bill – are too weak to be very meaningful. For Americans who want federal policy to support safe streets, sustainable transportation, and livable neighborhoods, there were few bright spots in the transportation bill Congress passed last month.

AASHTO Director John Horsley is thrilled with the new transportation bill, which gave state DOTs just about everything they wanted. Photo: International Transport Forum

But state transportation departments are celebrating. They scored victory after victory, getting a bigger share of federal funding with fewer rules and regulations attached.

In the Senate, advocates were able to work some reforms into the bill and mobilize grassroots support for amendments like the Cardin-Cochran provision, which put funds for street safety projects in the hands of local governments, not state DOTs. But the House never managed to pass a bill of its own, and the opaque conference committee process was an exercise in horse-trading that advocates found difficult to penetrate.

The final product, which included measures like raising the federal contribution for certain highway expansions, seemed finely tailored to benefit DOTs in several ways. “This is a bill written by and for the benefit of state DOTs at the expense of both federal oversight and regional and community outcomes,” wrote David Burwell, director of the climate change program of the Carnegie Endowment for International Peace, in an email shortly after the bill passed. He said the policy changes “are too elegantly crafted and specific in their effect to have been written, or even conceived, by members of Congress or their staff.”

For state DOTs, access to lawmakers is a given. “We worked very closely with the House and Senate to craft those measures,” AASHTO Director John Horsley confirmed to Streetsblog in an interview yesterday. He said that while AASHTO offered recommendations, no text written by AASHTO made it into the bill verbatim, as far as he knows.

According to Horsley’s account, AASHTO followed a pretty standard script when it came to advocating for their interests on the Hill. Every stakeholder and special interest under the sun had its lobbyists knocking on lawmakers’ doors, offering their two cents – everyone from gravel producers to equipment manufacturers to environmentalists to free market fundamentalists. It’s just that the state DOTs seemed to get everything on their wish list.

Horsley said AASHTO had been laying the groundwork for many, many months before conference started, working with Republican House Transportation Committee staffers as well as aides of both parties in the Senate. (He didn’t mention working with House Democrats, who were shut out of the process from day one.)

The House is where the magic happened for AASHTO. “We’ve been very pleased with where the Senate bill started,” Horsley said. “And we were even more pleased when the House and the Senate in conference agreed to incorporate a lot of the House provisions that were even better for states.”

What were those House provisions? Horsley went through the list:

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A New Bill Passes, But America’s Transpo Policy Stays Stuck in 20th Century

The House of Representatives approved the transportation bill conference report this afternoon by a vote of 373 to 52. [UPDATE 4:00 PM: The Senate has also approved the bill, 74-19.] This is a bill that’s been called “a death blow to mass transit” by the Amalgamated Transit Union, “a step backwards for America’s transportation system” by the Rails-to-Trails Conservancy, “a retreat from the goals of sustainability and economic resiliency” by Reconnecting America, “a substantial capitulation” by Transportation for America, and “bad news for biking and walking” by America Bikes.

Remember the empty highways that symbolized the House Republicans' vision of America's transportation system? The final transpo bill might as well have the same unfortunate cover.

After more than 1,000 days of waiting since the last transportation bill expired, the nation’s new transportation policy is a grave disappointment to people seeking to reform the current highway-centric system.

The fact that the House GOP tried and, for the most part, failed to reverse the progress made under presidents Reagan and Bush the elder offers a small degree of consolation. “Some of the worst ideas pushed initially by House Republicans went nowhere – funding the highway system with new oil drilling revenues, taking transit out of the highway trust fund, de-federalizing transportation funding – to mention some of the most radical proposals that were seriously being put forward,” wrote Deron Lovaas of NRDC this morning. “But… that pretty much exhausts the good news.”

So what does the bill actually do? Overall, it doesn’t change a whole lot, and the most significant changes tend not to benefit livable streets or sustainable transportation. Here’s a breakdown.

Length and funding. The bill lasts a year longer than the Senate bill would have, expiring at the end of September 2014. That gives states, cities, and the construction industry substantially more stability and allows them to move forward on projects that have been delayed for years because of the uncertainty surrounding federal funding. It maintains funding levels at around $54 billion a year, as did the Senate bill, which is roughly current levels plus inflation.

While some have criticized the complex funding mechanisms that prop it up and its departure from a user-pays model, the Congressional Budget Office reported this morning that the bill actually reduces the deficit by $16.3 billion.

Everyone seems to understand that Congress won’t be able to pull this kind of magic for long and will soon have to deal with the long-term insufficiency of current Highway Trust Fund revenues to cover the nation’s transportation needs. However, the gas tax was not raised, and at the same time the House passed this bill, it also approved an appropriations bill that prohibits even studying the possibility of moving toward a VMT fee.

Non-transportation-related items. The Keystone XL pipeline and the EPA’s ability to regulate coal ash as a hazardous substance, introduced into the transportation negotiations by the House Republicans, were stripped out of the bill. The RESTORE Act to spend BP oil spill fines on Gulf Coast restoration is included.

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UPDATE: Where Did the Senate Get the Extra Money to Pay For Its Bill?

UPDATE: The final bill contained a $2.4 billion transfer from Leaking Underground Storage Tank Trust Fund to the Highway Trust Fund in June 2012 and three transfers from the General Fund to the Highway Trust Fund, totaling $18.8 billion. They were: $6.2 billion to the Highway Account of HTF in October 2012; $10.4 billion transfer to Highway Account of HTF in October 2013; and $2.2 billion transfer to Mass Transit Account of HTF in October 2013. They dropped the car tariffs change and the gas guzzler transfer. They replaced those smaller transfers and offsets with the pension provisions and a tiny bit from the roll-your-own-cigarettes change.

Congressional leaders announced opaquely last week that they’d “moved forward” on a deal on the highway section of the transportation bill. That means transit, rail, and safety programs are still being negotiated. And it means the financing of the bill hasn’t yet gotten the seal of approval from the House.

What do roll-your-own cigarette machines have to do with surface transportation? Photo: News Herald

Still, both houses of Congress have agreed to spend more on the transportation bill than the Highway Trust Fund itself can bear. (The House gave its green light a couple weeks ago when it nixed the Broun motion to keep transportation spending to HTF receipt levels.) To overspend the HTF but still plausibly deny that they’re deficit-spending, the Senate Finance Committee has done some pretty fancy footwork to offset the expenditures with other savings.

Chair Max Baucus (D-MT) squeezed blood from the stone of the U.S. budget, and many of his colleagues have lauded him as a miracle worker. But Taxpayers for Common Sense – and lots of other people with common sense – say the numbers don’t really add up. The information below comes from TCS’s report, released last week, on the Senate pay-fors.

Stick with me here – this is all a little convoluted, but understanding the funding is a key part of the process. While the Senate transportation bill may be a good stop-gap compared to the option of even shorter extensions, a look at the funding shows why it provides no long-term answers to the question of how to pay for transportation.

The sources of new Highway Trust Fund revenue Baucus et al came up with are:

A transfer from the general fund: $4.97 billion. This is the most obvious example of deficit spending – just taking money from the Treasury to pay for transportation. That’s on top of $34.5 billion the Treasury has already coughed up in the last four years to bail out the Highway Trust Fund – something no one wanted to repeat.

Dedication of imported car tariffs to the Highway Trust Fund: $4.52 billion. This revenue would no longer go to the general fund.

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The Value of Value Capture

Cross-posted from Strong Towns blog.

Today we spend money on infrastructure in the hopes of creating growth. That’s backwards. Infrastructure should not be a catalyst for growth but something that emerges in support of productive patterns of development. There has to be a relationship between the infrastructure we build and the value that is created.

Altoona, Pennsylvania is a classic railway town, built using a traditional value capture method that helped railroads finance their investments. Image: ePodunk

Late last month I wrote about the return on investment of our highway projects (Paved with good intentions, April 30). I pointed out what is obvious to anyone who thinks it through: Even if modern transportation improvements really did create a lot of wealth, we capture too little of it to be able to continue this system as we have built it.

The example I used was a diverging diamond in Colorado, a high return investment by today’s standards. The official numbers were that this $7.2 million investment would generate $157 million in wealth and prosperity. Instead of debating that — demonstrating the fiction of such numbers is old hat for us – we simply pointed out that $157 million in GDP growth would only return $260,000 to the federal coffers for highway projects.  Since $260,000 is substantially less than $7.2 million, repeating this great wealth generation trick, not to mention maintaining this diverging diamond, is going to be difficult.

I was really disappointed that nobody took me up on my challenge to defend the value of the overall system. I did receive a second hand rebuttal that essentially argued that my analysis was too simplistic, that I’m overlooking all of the (unidentified) second order and third order growth effects. This is what I call the “it’s the system, dude” argument. Sure, we may lose money on each project that you measure, but the overall effect of the system generates more than enough wealth to keep it all going.

This is what I call the Infrastructure Cult. We have no proof for our belief that highway spending creates prosperity, we just believe it to be true. We believe it so strongly that we can easily dismiss evidence to the contrary.

I’m going to repeat my challenge: Someone demonstrate how highway funding, and American post WW II development in general, is not simply a large Ponzi scheme, where spending generates the near term illusion of wealth in exchange for massive, unfunded, long term obligations. Show us how it is making the country financially stronger. I’m dying for someone to make this case as opposed to simply spout the belief.

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Are Americans Driving Less Because They’re Working Less?

Source: FRED

Everyone’s trying to figure out why, after decades of consistent growth, the amount Americans drive is leveling off and even declining. The decline started during the recession, to be sure, but was more dramatic than in previous recessions. As the economy began to get back on its feet, vehicle miles traveled (VMT) just barely ticked upward — and then fell again.

High gas prices probably have something to do with it. Young people embracing cities over suburban living — and valuing smartphones more than cars — might have something to do with it. It could be peak car – the theory that continued growth in driving simply can’t go on forever.

Joe Weisenthal at Business Insider found the trend notable enough to give it this headline over the weekend: “This Collapse In Automobile Usage Is Completely Unprecedented In The American Economy.”

Looking at VMT data now available on the Federal Reserve Bank of St. Louis’s Economic Research site, Weisenthal posted two charts that put the one above in a little bit of perspective. (Note that these look somewhat different from the first chart because they look at the change from year to year, not the absolute numbers.)

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The Auto Industry Wants Your Thanks

Feeling warmer and fuzzier about the auto industry bailout? With the help of the Obama reelection campaign, the industry is convincing more Americans that the $80 billion they forked over to save it were dollars well spent.

Image: PRLOG

In the latest Pew poll, the public responded more positively toward the bailout than ever before, with 56 percent of Americans agreeing that it was “mostly good for the economy.”

It has taken hard numbers to soften up taxpayers — numbers like the 1.4 million new cars sold in March that made it the best month for car sales in five years. Looking to capitalize on this momentum, a key auto industry association, the Center for Automotive Research (CAR), has published a report that credits the industry with contributing $135 billion in tax revenues to the feds and the states.

(The irony must here be noted that CAR receives 43 percent of its funding from federal, state, and local sources. Yes, this research about how the auto sector partly funds the government was partly funded by the government.)

Sales taxes; fuel taxes; property taxes; licenses and fees; income taxes paid by industry employees; and corporate taxes paid by automakers, suppliers, and dealers were tallied by the group. On the face of it, these numbers are impressive, representing on average 13 percent of state revenues. States in which automakers have significant operations can see much higher percentages; in Tennessee, for example, industry-related dollars approach 20 percent of revenues. For these states, being dependent on an auto industry on the upswing seems like a very good thing.

That is, until they start adding up the year-in, year-out costs imposed by the industry and borne by the public. A truly comprehensive accounting of the economic costs of car dependency might include everything from highway litter pickup (Missouri alone paid $5 million for this in 2011) to the price of the Afghanistan and Iraq wars, estimated at $3.2-4 trillion overall.

But this is hardly necessary. To blow the industry’s $135 billion boon out of the water, just a few line items will do, such as:
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Why Bicyclists Are Better Customers Than Drivers for Local Business

“It may not have sand and crashing waves, but the Monon Trail is the equivalent of beachfront property in the Indianapolis area." Photo: Trip Advisor

Do local and state officials tune out when you try to talk to them about bicycling? Are they unconvinced by arguments about public health, transportation options, or clean air? Do business leaders send you packing when you suggest building new bike lanes and bike parking, fearing that the loss of car parking will keep customers away?

Then show them the money.

Bikes can mean big business, and businesses are beginning to realize it. At a Bike Summit panel Wednesday on the economic boost cycling can provide cities, speakers highlighted another strong message cyclists can bring to politicians when making their case for investment in bike/ped facilities.

Far and away, the biggest reason business owners resist the addition of bike infrastructure is that they’re afraid it will limit parking. Once they realize they can get 12 bike parking spaces for each car spot, sometimes they begin to change their tune. Even better, they begin to discover that cyclists can be their best customers. “We tend to shop closer to home and shop more often,” said April Economides, a consultant who helped the city of Long Beach, California build bicycle-friendly business districts. Rather than jumping in the minivan and heading to the suburbs to go to the big shopping malls, cyclists patronize the businesses in our neighborhoods.

Long Beach Mayor Bob Foster understands the value of bikes: “I see parts of the city on my bike that I would never even notice if I was just driving,” he said. “It’s a way for me personally to get closer to the city.”

That closeness has a dollars-and-cents value. Cyclists travel at what Portland Bike Coordinator Roger Geller calls a “human-scale speed” that allows them to “stop and buy something.” Besides, Economides said, if you’re car-free you’ve got an extra $6,000 jangling around in your pocket that you otherwise would have spent on gas and car maintenance (actually, $8,776 if you believe AAA). According to researchers with Intelligent Communities, a program of the National Building Museum, only 16 percent of household car expenses stay within the local economy.

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Record Fuel Exports Don’t Mean the U.S. Is Not Addicted to Foreign Oil

Yes, the U.S. is now exporting more refined petroleum than it's importing. But that's nothing compared to our crude oil habit, still fed by foreign sources. This graph shows the change over time in net U.S daily exports of 1000s of barrels of oil. Image: EconBrowser

The AP is reporting that for the first time since Harry Truman was president, the U.S. is a net exporter of refined petroleum products. In fact, fuel was the country’s top export in 2011, totaling $73.4 billion.

However, “the small positive net export balance on petroleum products is still completely dwarfed by the huge negative balance on crude petroleum,” wrote James Hamilton, an oil economics expert at UC-San Diego, on his EconBrowser blog. Last year, between January and October, the U.S. spent about $280 billion on 2.7 billion barrels of oil.

The news of the surge of U.S. fuel exports just solidifies oil’s place as a major economic driver in this country — it in no way indicates that we’re becoming self-sufficient producers. The U.S. adds value through the refining process and sells it abroad (buying from abroad almost the same amount) but for the raw materials, we’re still hopelessly hooked on foreign sources.

The U.S. is producing somewhat more crude oil, mostly in North Dakota, but is still importing enormous quantities of the stuff. We’re nowhere near closing the import/export gap on crude oil.

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Combating the Myth That Complete Streets Are Too Expensive

Live in a town where bicyclists and pedestrians are personas non grata and buses get stuck in automobile congestion? Do you put on your walking boots only to find that your city’s street design conveys the message, “These roads were made for driving?” It’s time for a complete streets upgrade, then – but often, when concerned citizens propose accommodating other road users on the streets, local officials tell them it’s just too expensive.

Charlotte, NC has changed the way it designs streets to make room for all users. Photo: Charlotte DOT

Are complete streets really too expensive? According to Norm Steinman, planning and design manager for the Charlotte Department of Transportation, design elements to turn an incomplete street into one that accommodates all users are usually a very low percentage of the total cost of street planning, design, and construction. “Sidewalks will turn out to be somewhere around 3 percent of that compilation of costs,” he said last week in a seminar sponsored by the National Complete Streets Coalition for communities participating in the CDC’s Communities Putting Prevention to Work program. “Bicycle lanes, around 5 percent — and that’s adding bicycle lanes, of course, to both sides of the street.”

“On the other hand,” Steinman said, “reducing the width of a lane by a foot can reduce the costs by 2 percent.” Indeed, in Richfield, Minnesota, when 76th Street needed to be rebuilt following work on the sewer lines, the city decided to implement a “road diet.” Narrowing the street shaved $2 million off the estimated $6 million cost of the sewer work – while at the same time improving mobility and safety for pedestrians and cyclists and making for a more enjoyable community.

The National Complete Streets Coalition suggests four points to help local transportation officials understand that complete street goals can be achieved without exorbitant costs:

Complete streets add lasting value. From safety improvements to public health outcomes, economic growth and lower emissions, and – of course – more transportation choices, complete streets can create a lot of value in the community. Many of those things can be quantified and even monetized. Be careful when telling transportation planners about health care savings, though: National Complete Streets Coalition Director Barbara McCann warns that since those planners are responsible only for their own budgets, hospital savings may not be enough to convince them.

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How Value Capture Financing Will Revitalize White Flint

White Flint, Maryland, a suburb of Washington, DC, should be a shining example of transit-oriented development. It’s centered on a metro station on the busy red line, sandwiched between the bustling suburban downtowns of Bethesda and Rockville.

Developers and the public are together preparing to turn White Flint's Rockville Pike from this...

... into this. Images: MontCo Planning Director's Blog (above) and White Flint Partnership (below).

But instead, it’s “sprawling suburbia,” covered in surface parking lots and lacking a true road network. “Community members say they’re within spitting distance of White Flint Mall but they have to drive to get there because of the road network,” says developer Francine Waters, who manages the transportation and smart growth program at Lerner Enterprises.

Seeing the wasted potential of the area, Lerner and five other developers that own much of the land in White Flint came together to figure out how to make Rockville Pike, White Flint’s main artery, a destination and not just a thoroughfare. Waters told the story this week at Rail~Volution to an audience eager to learn how public-private partnerships and value capture strategies could work in their neck of the woods.

Not only are the White Flint developers looking to include more mixed-use development in the community, they want to build new local streets to fill in a viable street grid and redesign the eight-lane Rockville Pike into a “21st century boulevard” with wide sidewalks, bike lanes, six rows of trees, and dedicated transit lanes. They want to fill those lanes with bus rapid transit to take short-haul commuters off of the at-capacity red line.

The infrastructure total is estimated to cost $601 million – and the federal government isn’t picking up a dime of it.

White Flint is at the forefront of a new kind of infrastructure financing – one which involves the private sector more than the government. As federal funds dry up, all eyes have turned to public-private partnerships, but the topic is still often the subject of much head-scratching and hand-wringing in Congress. Indeed, some have rung the alarm bell about over-reliance on the private sector when it comes to building high-speed rail, saying the public often bears too much of the risk while the private developers carry off all the profit.

Through an extended series of community consultations, White Flint’s developers appear to have gained the public’s trust, and now they’re charging forward with ambitious plans to remake an auto-centric suburban sprawl zone. And by bypassing federal aid, they’re also bypassing the reams of paperwork and bureaucratic processes that come with it, which often add years and millions of dollars to total project cost.

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