Crouching TIGER, Hidden Funding

I was pleased to see TIGER proposed for permanent authorization in the President’s reauthorization proposal.  It not only gets permanent authorization at a level of $500 million a year, with regular increases, it would come in at $4 Billion in added spending in Fiscal 2012 to push the economy out of depression.  What a great idea!  Too bad it wasn’t done in the past two years of lost growth.  (Also too bad it won’t happen now either.)

As I said before, I believe this is a very successful and meritorious program (http://bit.ly/zZxFQ4).  Other than the fact that during this Congress finding the funding for long-term TIGER will be hard than finding a snow leopard, I am still concerned that TIGER is drifting away from innovative projects and toward projects that are just large and otherwise unfundable (we used to have earmarks for those!).

Still, an encouraging sign of positive thinking from the Administration.

Administration Transportation Budget – Some Good Stuff!

The newly released transportation budget request looks pretty good.  The proposed six-year reauthorization is definitely promising.  In previous cycles we would have said it represents a good step forward.  Now, in contrast with the bills pending in Congress, it looks practically visionary.  In other words, instead of good-better-best we have dreadful (House bill), weak (Senate bill), and good (Administration bill).

We look forward to details.

Rise of the CAVE People

You have probably read stories in the New York Times and elsewhere about the rise of opposition to almost all urban planning initiatives by the Tea Partiers and related Know Nothings.

The latest buzzword (thanks to Josh Schank of the Eno Foundation) is “CAVE people”: Citizens Against Virtually Everything!

Senate Finance Committee – Let’s Push in the Nails with our Thumbs

The Senate Finance Committee has put together a ramshackle bill (http://bit.ly/z1bFCD) to more or less cover the shortfall in funding for a two-year transportation reauthorization bill, doing everything they can to avoid the obvious need to increase the gas tax.  As I have said before, it’s like picking up everything in the room but a hammer when you need to drive in a nail (http://bit.ly/zz5ovN ).

Black liquor?  Really?  (Makes me want to reach for a Guinness.)

TIGER IV is here!

I was very pleased to see USDOT put out a notice of funding availability for the next round of TIGER discretionary funding (http://www.dot.gov/tiger/docs/fy12_tiger_nofa.pdf ).  Although every year I fear the end of the program, they managed to get $500 million from Congress for FFY12.  TIGER began as part of the Stimulus bill and has been, in my opinion, a huge success.  Having worked quite a lot on the Stimulus program, I was sometimes asked how follow-on stimulus bills could be made to give greater emphasis to more innovative transportation solutions.  My answer: put more TIGER in your tank!

Unfortunately, there has been no more stimulus – despite an economy and construction industries that are flat on their backs and despite the desperate need for infrastructure work and despite cheap prices for that work.  But the good news is that TIGER carries on.

I must say that the overall “innovativeness” of projects selected seems to have declined in the FY11 awards.  (Two that I know and like a lot are the Carrie Furnace project in Pittsburgh and the Cincinnati streetcar.)  My other complaint, about which more another time, is that the freight investments still seem oriented toward Chinese economic development.

Nevertheless, good to see TIGER IV and let’s hope we may see a TIGER V!

CMAQ: Having Some Fun While Trashing a Program

CMAQ – the Congestion Management and Air Quality program – has been a real game changer for state DOTs, making them think about air quality issues and about creative, often non-highway, transportation solutions.  What it hasn’t had is a name that really reflects the statutory language, legislative intent, and actual practice of the program.

For various reasons, some transportation agencies and some members of Congress don’t like CMAQ.  So what would you do if you wanted to trash the program – and have some fun while doing it?

The drafters of the Mica bill must have had a few laughs while putting in a provision that says that states can use CMAQ to build new highway capacity if the project “is likely to contribute to the mitigation of congestion or the improvement of air quality.” [Sec. 1108]

This of course is the absolute opposite of the longtime purpose of the program – but arguably fits the name!  Chuckle, chuckle.  

Mica Bill – Making it Easier for Developers to Get Interstate Interchanges?

Section 1704 of the new Mica Reauthorization bill would allow FHWA to delegate approval of “justification reports” for new interchanges on existing Interstate highways to state DOTs. 

What’s this all about?  Under current laws and regulations, FHWA jealously guards access to Interstate highways.   Too many access points placed too close together mess up the operation of the highway and can cause safety problems.  To get a new interchange, the state DOT has to make a “justification report,” with all kinds of backup studies, to prove the need and to get FHWA’s approval even to start the planning process.

Who would want an easier process?  Developers!  A new interchange can turn a poor development location into a great one overnight.  Developers and their lobbyists can often be found in the hallways of DOTs and planning agencies, pleading their cases for access.

Would this change in language make a difference?  It’s not clear.  The part of the law requiring FHWA final approval is still in place – as is the need to get NEPA clearance.  And FHWA is not required to delegate approval of justification reports to states.

Would this change be good for state DOTs?  I don’t think so.  DOTs can now let FHWA be the bad guys and say no.  Why would they want to do that themselves?  Especially since a weak justification report would likely fail NEPA approval in the end anyway.

Can the idea of interchange approvals as a revenue source be far behind?  Watch for future developments on this issue.