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Agenda Item # 6

BOARD MEMORANDUM

RECOMMENDATION:

Approve the 2005 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

BACKGROUND:

VTA annually adopts a Federal Legislative Program to provide direction for its legislative and policy activities in Washington, D.C., for the year.

The purpose of the Federal Legislative Program is to establish financial, statutory, regulatory, and administrative policies and principles to guide VTA’s advocacy efforts at the federal level.  The program is meant to be flexible in order to give VTA the ability to pursue unanticipated legislative and administrative opportunities that may present themselves during the course of the year, and to respond expeditiously to the dynamic political and programmatic processes in Washington, D.C.

The 2005 Federal Legislative Program is divided into the following eight sections:

1. TEA-21 Reauthorization.
2. Federal Transportation Appropriations.
3. Public Transit Security.
4. New Starts Program Reforms.
5. High-Occupancy Toll Lanes.
6. Railroad Access and Freight Issues.
7. Amtrak.
8. High-Speed Rail.

DISCUSSION:

The highlights of VTA’s 2005 Federal Legislative Program are summarized as follows:

• Preserve the budgetary “firewalls” and the concept of guaranteed spending established in the Transportation Equity Act for the 21^st Century (TEA-21), and support a minimum appropriations level for federal surface transportation programs in FY 2006 equal to the guaranteed spending levels authorized in the successor legislation to TEA-21.

• During the reauthorization of TEA-21, increase the guaranteed spending levels for federal surface transportation programs in a way that adequately addresses the needs of highways and public transit.

• Retain the key TEA-21 principles, including funding flexibility, a balance between highway and transit investments, community enhancements, environmental streamlining, and public participation.

• Preserve the basic program structure of TEA-21, which consists of a core highway program, a core transit program, and flexible funding programs that allow regions and localities to determine the allocation of federal surface transportation dollars that best meets their unique needs.

• Continue the Revenue Aligned Budget Authority (RABA) provisions in TEA-21 in principle, but develop a mechanism to dampen the large swings in federal-aid highway funding that could result from negative RABA adjustments.

• Ensure that California receives an increased share of federal-aid highway dollars based upon its contributions to the Highway Account and its preeminent role in the national economy.

• Oppose a cap on a state’s federal transit funding, a minimum allocation of transit funds, or other similar proposals that run counter to the needs-based structure of the federal transit title.

• During TEA-21 reauthorization, establish the highest possible guaranteed spending levels for individual programs within the highway and transit titles, including for:   (a) the Section 5307 Urbanized Area (UZA) Formula Program;   (b) the Section 5309 New Starts, Fixed Guideway Modernization and Bus/Bus Facilities Programs;  (c) the Jobs Access/Reverse Commute Program;  (d) the Surface Transportation Program (STP); and  (e) the Congestion Mitigation and Air Quality Improvement Program (CMAQ).

• Preserve a public transit operator’s ability to use Section 5307 UZA Formula Program funds for preventive maintenance at the sole discretion of the operator.

• Streamline environmental and planning processes for highway and transit projects consistent with the intent of TEA-21 to expedite project delivery.

Federal Transportation Appropriations

• Continue advocacy efforts relative to the Silicon Valley Rapid Transit Corridor Project (BART Extension to Milpitas, San Jose and Santa Clara).

• Consider seeking FY 2006 appropriations for the purchase of community buses and paratransit vehicles under the Section 5309 Bus/Bus Facilities Program.   In addition, consider advocating for FY 2006 Bus/Bus Facilities appropriations to close out the federal share for the purchase of:   (a) three hydrogen fuel-cell buses for the Zero-Emission Bus Demonstration Program that VTA is implementing in partnership with the San Mateo County Transit District (SamTrans); and  (b) 40 articulated buses pursuant to this project’s Letter of No Prejudice (LONP).

• In partnership with the County of Santa Clara and Outreach, consider advocating for an FY 2006 appropriation under the Jobs Access/Reverse Commute Program for the Guaranteed Ride Program.

• Under the federal highway title, consider seeking an FY 2006 appropriation for the Highways 152/156 Intersection Project and for the capital costs related to any high-occupancy toll (HOT) lane projects undertaken within Santa Clara County.   In addition, support the efforts of the Alameda County Congestion Management Agency to secure a federal earmark for the I-680 Smart Carpool Lane Demonstration Project.

Public Transit Security

• Support new federal appropriations to fund efforts to enhance the security and safety of the nation’s public transit systems.

New Starts Program Reforms

• Enhance the Federal Transit Administration’s (FTA) evaluation process for New Starts projects in a way that rewards those communities that step forward with significant local and non-federal resources for their projects.   In addition, encourage FTA to modify this process in a way that differentiates between bus rapid transit (BRT) and the various modes of rail transit.

High-Occupancy Toll Lanes

• Support repealing current federal prohibitions against imposing tolls on interstate highways in a way that allows:   (a) existing or new carpool lanes to be converted to HOT lanes; and   (b) toll revenues to be used for public transit service within HOT lane corridors.  In addition, support counting HOT lanes as fixed guideway miles in the National Transit Database for purposes of the formulas used to allocate funds under the Section 5307 UZA Formula and Section 5309 Fixed Guideway Modernization Programs.

Railroad Access and Freight Issues

• Support granting to public transit operators the same guaranteed access to the freight railroad network that currently exists for Amtrak.   In addition, support establishing a mechanism within the Surface Transportation Board (STB) or some other appropriate federal entity to resolve disputes between public transit operators and private railroads on freight railroad access issues.

• Support efforts to create a trust account for rail infrastructure that would be funded by the existing 4.3 cents of the federal diesel fuel tax that railroads currently pay into the General Fund.

Amtrak

• Support investment in Amtrak.   At the same time, ensure full consideration of the impact that any legislation regarding Amtrak’s institutional structure may have on public transportation services.

High-Speed Rail

• Support the enactment of legislation to create innovative financing tools for developing high-speed rail corridors, provided that the Mass Transit Account continues to be used exclusively for public transportation needs.

ALTERNATIVES:

It is necessary for VTA to have a Federal Legislative Program in place to be prepared to address the policy and legislative issues that may arise in Washington, D.C., during the coming year.  The Board of Directors may elect to add other elements to VTA’s 2005 Federal Legislative Program, or to modify or delete elements contained in the recommended program.

FISCAL IMPACT:

There is no fiscal impact directly related to this recommendation.

CONTACT THE BOARD SECRETARY'S OFFICE FOR COPIES OF ATTACHMENTS.

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