Issue

Overall Funding Current Law MAP-21 (as passed) Maintain current funding levels plus inflation Maintain historical 80/20 split between highway and transit programs Establishes performance measures within highway and transit programs, and directs states and regions to establish targets for each measure. USDOT would develop measures for the following issues: (i) NHS performance and condition (section 1106 pages 71 to 77); (ii) Highway safety (section 1112 pages 141 and 142); (iii) Air quality (section 1113 pages 167 and 168); (iv) Freight movement (section 1114 pages 201 to 204); (v) Transit safety (section 20020 pages 885 to 887); and (vi) Transit state of good repair (section 20019 pages 880 and 881). The performance measures are incorporated into the long-range planning and short term programming (spending) processes to show progress that is expected to be achieved by planned decisions and investments (sections 1201, 1202, 20005, and 20006) Establishes new National Highway Performance Program by consolidating Interstate Maintenance, National Highway System and Highway Bridge programs (section 1106). Funds in this program not dedicated to repair of the NHS can be used to repair federal-aid, non-NHS bridges HR 7 (proposed) Maintain current funding levels plus inflation Eliminates dedicated funding for transit Establishes performance measures for the surface transportation program and directs states to establish targets for each measure. USDOT would develop measures for the following issues: (i) NHS pavement and bridge condition; (ii) Highway and motor carrier safety; (iii) Highway safety infrastructure asset management; (iv) Bike and pedestrian safety; (v) Highway congestion; (vi) Air emissions and energy consumption; (vii) Freight mobility; (viii) Public transportation state of good repair (ix) Public transportation service availability; and (x) Rural connectivity. (section 4001, pages 487 to 493) Performance measures are not incorporated into the planning or programming processes. Conference Report Maintain current funding levels plus inflation Maintain historical 80/20 split between highway and transit programs Establishes performance measures within highway and transit programs, and directs states and regions to establish targets for each measure. USDOT would develop measures for the following issues: (i) NHS performance and condition (ii) Highway safety (iii) Air quality (iv) Freight movement on the Interstate (v) Transit safety (vi) Transit state of good repair (section 1203 pages 124-125) The performance measures are incorporated into the long-range planning and short term programming (spending) processes to a lesser degree than the Senate bill. Short term programming (TIPs and STIPs) must show the progress that is expected to be achieved by planned decisions and investments (sections 1201, 1202, 1203, 20005, and 20006) Existing repair programs are consolidated into National Highway System program (section 1106). Does not provide any dedicated funding for repair of highways and bridges within consolidated program today ~32% of highway funds are dedicated for repair. Federal-aid, non-NHS bridges are not eligible for funding under the new consolidated program putting further

Performance Measures and Accountability

No performance measures

Highway and Bridge Repair

Contains two programs dedicated for repair: Interstate Maintenance and Highway Bridge programs (23 USC 119 and 23 USC 144) Funds from the Highway Bridge program can be used to repair federal-aid, non-NHS bridges

Does not provide any dedicated funding for repair of highways and bridges existing repair programs are consolidated into National Highway System program (section 1106) Federal-aid, non-NHS bridges are not eligible for funding putting further constraints on the flexible,

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Requires states to use 15% of the Highway Bridge Program for non- federal-aid bridges (23 USC 144) These programs represent ~32% of total funding, however 50% of these funds may be transferred to other programs (23 USC 126) No performance measures No financial penalties that were previously funded out of the Highway Bridge Program. Requires states to spend an mount equal to 15% of their 2009 Highway Bridge Program funds for non- federal-aid bridges from the Transportation Mobility Program (section 1108 pages 99 and 100) Within this program 60% of funds must be used for repair for an expanded NHS system this represents 34% of total funding, only 20% of these funds may be transferred to other programs (section 1106 - page 70, and section 1507) Establishes performance measures, requires states and regions to (i) set targets and (ii) incorporate measures and targets into planning and programming processes (section 1106 page 71 to 77, and sections 1201 and 1202) Directs USDOT to establish minimum condition standards for Interstate pavements. If states do not meet these minimum conditions for then they must spend additional money from the flexible Transportation Mobility Program on repair (section 1106 pages 77 to 81) Directs US DOT to establish minimum condition standard for NHS pavements. If states do not meet these minimum conditions for then they must spend additional money from the flexible Transportation Mobility Program on repair (section 1106 pages 77 to 81) Converts Fixed-Guideway Modernization Program into State of Good Repair grant program; funds rail and BRT state of good repair activities; primarily distributed through formula, but also includes a multimodal STP program No dedicated funding for off-system bridges. No dedicated funding for repair Establishes performance measures and requires states to set targets (section 4001, pages 487 to 493) Does not require minimum condition requirements. Includes penalties if a states NHS or off-system bridges exceed a certain standard, though penalty is significantly less than current bridge program (section 1115) Establishes goals for the Fixed Guideway Modernization program: to rehabilitate, maintain, and preserve fixed guideway systems; reduce maintenance backlog and increase state of good repair; increase constraints on the flexible, multimodal STP program Requires states to spend an mount equal to 15% of their 2009 Highway Bridge Program funds for non-federal- aid bridges from the STP program (section 1108 pages 40 and 41) No dedicated funding for repair except for off-system bridge requirement which is approximately ~2% of highway funding Establishes performance measures, requires states and regions to (i) set targets and (ii) incorporate measures and targets into planning and programming processes (section 1106, and sections 1201, 1202 and 1203) Directs USDOT to establish minimum condition standards for Interstate pavements. If states do not meet the minimum conditions for two reporting periods (7 to 8 years) then they must spend additional money from the flexible Transportation Mobility Program on repair (section 1106 pages 32). Does not include minimum condition requirements for NHS bridges. Includes penalty if a states NHS bridges exceed a certain standard, penalty is 50% of current bridge program. (section 1106 pages 32 and 33) Converts Fixed-Guideway Modernization program into State of Good Repair grant program funded at $2.1B. It requires agencies to have asset management plans and funds rail and BRT state of good repair activities.

Transit Repair

No specified transit repair program. Fixed-Guideway Modernization formula program supports modernization of existing rail fixed- guideway transit. Funded at ~$1.7B

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No provisions or uniform measures for determining transit system conditions small competitive grant program. Funded at ~$2.1B. Includes a $75M set aside for discretionary bus and bus facilities grants. DOT will establish a national transit asset management system, including performance measures for examining transit conditions and assistance to help agencies estimate repair needs. Transit agencies are required to set performance targets for system conditions, create asset management plans and annually report on progress. Establishes national surface transportation and freight policy, objectives and goals. (section 33002) Requires USDOT to develop a National Surface Transportation and Freight Strategic Plan to help achieve the objectives and goals, report on progress and identify challenges. Report must be updated every 2 years. USDOT is direct to work with states, MPOs, transit agencies, local governments, tribal governments and other stakeholders (section 33003) ridership on fixed guideway transit systems. No provisions or uniform measures for determining transit system conditions DOT will establish a national transit asset management system, including performance measures for examining transit conditions and assistance to help agencies estimate repair needs. Transit agencies are required to set performance targets for system conditions, create asset management plans and annually report on progress. (sections 20019 and 20027) Directs USDOT, working with states, to submit to Congress a report identifying projects of national and regional significance. The report consists of projects submitted by states and selected by the Secretary. There is no formal role for transit agencies, MPOs or local governments. (section 1120 pages 91 and 92) Retains Highway Safety Improvement Program Requirements. Requires State to adopt performance-related goals and incorporate them into state and regional planning and programming processes. No financial penalty if state does not update the strategic highway safety plan. Includes provisions to increase data collection effortsno funding directed

National Strategic Plan

No provisions in current law

Safety

Highway Safety Improvement Program (HSIP) requires states to develop and implement a strategic highway safety plan.

Directs USDOT to develop a National Strategic Transportation Plan. The plan consists of projects submitted by states and selected by the Secretary. There is no formal role for transit agencies, MPOs or local governments. The plan must be updated every two years. (section 4001 pages 479 to 484) Retains Highway Safety Improvement Retains Highway Safety Improvement Program requirements. Requires the program and progress reporting. State adopt performance-related goals and incorporate goals into state and regional planning and programming processes. Includes a restriction on flexing safety funds if states do not achieve performance targets. Financial penalty provision-if the No financial penalty if state does not state does not have an updated update the strategic highway safety strategic highway safety plan, 10% of plan. TMP funds are directed to HSIP Directs funding for enhanced data Includes provisions to increase data collection. collection effortsno funding

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Establishes a High Risk Rural Road Program set-aside of $90M annually to improve safety on rural local roads. (23 USC 148) Safety oversight of transit rail (except commuter rail) is handled by the States. Federal role: The Secretary can withhold up to 5% of funds if the states do not perform their responsibility adequately. Improves safety by requiring states to use both crash frequency and crash rate when identifying hazardous locations. Eliminates the High Risk Rural Roads set-aside, but if fatalities on rural roads increase then a state must spend an amount equal to 200% of its high risk rural roads set-aside to improve safety Requires safety considerations of all road users be taken into account in construction and repair of the federal transportation system through state complete streets policies Creates stronger role for federal transit oversight through new Federal safety oversight program. FTA is given authority to issue safety regulations and new requirements for State Safety Oversight entities. Expands federal enforcement options, including ability to issue civil penalties for violations, and ability of Secretary to withhold funds. Retains CMAQ program with an added focus on PM2.5 (major pollutant from diesel emissions). Continues this policy States may transfer up to 20% of their CMAQ funds to other programs. In states with non-attainment areas, 50% of the funds are suballocated to regions. USDOT establishes performance measures for congestion reduction and air quality. directed for enhanced data collection. Requires states to use both crash frequency and crash rate when identifying hazardous locations Eliminates High Risk Rural Roads program Does not require safety considerations of all road users be taken into account in construction and repair of the federal transportation system through state complete streets policies The Secretary must certify state safety oversight agencies as having the capacity and authority to adequately oversee safety. The Secretary is also given authority to require all federal funds to be used on safety and state of good repair projects if a state safety oversight agency is inadequate. Provides funding for state safety oversight agencies. Eliminated dedicated funding for the CMAQ program. (section 15005) Eliminates restriction on projects that serve single occupancy vehicle travel; emphasize focus on congestion reduction. States may transfer up to 25% of their CMAQ funds to other programs. No suballocation of CMAQ funding for enhanced data collection. Improves safety by requiring states to use both crash frequency and crash rate when identifying hazardous locations. Eliminates the High Risk Rural Roads set-aside, but if fatalities on rural roads increase then a state must spend an amount equal to 200% of its high risk rural roads set-aside to improve safety (section 1112) Does not require safety considerations of all road users be taken into account in construction and repair of the federal transportation system through state complete streets policies Creates stronger role for federal transit oversight through new Federal safety oversight program. FTA is given authority to issue safety regulations and new requirements for State Safety Oversight entities. Expands federal enforcement options, including ability of Secretary to withhold funds. US DOT does not have authority to issue civil penalties for violations. Retains CMAQ program with an added focus on PM2.5 (major pollutant from diesel emissions). Continues policy in current law States may transfer up to 50% of their CMAQ funds to other programs. (section 1509) No suballocation of CMAQ funding

CMAQ

CMAQ program designed to help states and regions meet ambient air quality standards. Funds may not be used for projects that serve single-occupancy vehicle travel. States may transfer up to ~21% of their CMAQ to other programs. CMAQ funding is distributed to the States via a formula based on population and air quality classification. States that have no nonattainment or maintenance areas still receive a minimum apportionment.

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Wide range of eligible projects that improve air quality and reduce congestion. Funds may not be used for projects that serve single- occupancy vehicles or increase pollution. (23 USC 149) Regions over 1 million in population that receive suballocated funds are required to develop a performance plan that outlines baseline conditions, targets for each of the performance measures developed by USDOT, and a description of projects to be funded including how such projects will help meet the targets. (section 1113) State can obligate funds for nonattainment areas without regard to the type of air quality the project addresses. Eliminates prioritization of diesel retrofits. (section 1108) Requires NEPA to be completed within 270 days and if it is not the project is considered to have no significant impact NEPA delegation. Allows any state to permanently take over responsibility for NEPA compliance. Allows projects within the ROW to proceed under a CE and encourages states to purchase ROW to accommodate 50 to 100 years of expansion Allows state to undertake numerous activities including ROW acquisition, final design prior to the completion of NEPA Waives NEPA and permitting requirements for replacement projects due to natural disasters Exempts projects with less than 15% of federal funds from NEPA and federal permitting requirements Allows state to not consider whether Regions over 1 million in population are required to develop a performance plan that outlines baseline conditions, targets for each of the performance measures developed by USDOT, and a description of projects to be funded including how such projects will help meet the targets. State can obligate funds for nonattainment areas without regard to the type of air quality the project addresses. (Section 1113)

Project Delivery and NEPA

Projects with federal funding must go through the NEPA and federal permitting process. Several classes of projects are eligible for categorical exclusions. The NEPA process

Financial penalties. Require resource agencies to transfer funds to offices with responsibility for reviewing a project or issuing a permit if the agency does not make a final decision within certain timeframes. NEPA delegation. Allows any state to permanently take over responsibility for NEPA compliance. Categorical exclusions (CEs). Directs USDOT expand the types of categorical exclusions to include projects located within existing right- of-way that do not add a through lane or interchange and either improves infrastructure condition or safety/air quality/congestion. In addition, DOT is directed to allow certain CE determinations to be made by the state rather than USDOT. Advance acquisition of right-of-way. MAP-21 allows a state to buy right-of- way prior to the completion of the NEPA process with state funds and be reimbursed afterwards with federal dollars. Early coordination. Allows states and MPOs to request memorandums of understanding with resource

Financial penalties. Rescinds funds from resource agencies if the agency does not make a final decision within certain timeframes. It also establishes a 4-year program to complete complex projects, subject to financial penalties. (sections 1306 and 1309) NEPA delegation. Allows any state to permanently take over responsibility for NEPA compliance. (section 1313) Allows projects within the ROW to proceed under a CE. (section 1316) Limits judicial challenges to 150 days, down from 180 days. (section 1308) Allows state to undertake numerous activities including ROW acquisition prior to the completion of NEPA (section 1302) Requires that replacement projects due natural disasters be considered categorical exclusions (section 1315) Requires that projects receiving $5 million or less of federal funding, or with a total cost under $30 million with less than a 15% federal share of funding be considered categorical exclusion

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agencies to provide for early coordination on projects to allow reviews. Design exceptions. Allows states to assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections of Interstate projects, provided they are not designated as high-risk. Innovative project delivery incentives. Encourages innovative concepts by allowing for higher federal share of project costs. Metropolitan planning organizations New MPOs are only designated for must exist for all urbanized areas new urbanized areas with a with a population over 50,000 population of 200,000. (23 USC 134) Creates two tiers of MPOs. Tier 1 MPOs serve metropolitan regions with a population of 1 million or more. Tier II MPOs serve metropolitan regions with a population less than 1 million. Both Tier I and Tier II MPOs must meet minimum technical standards within 3 years to continue to exist. For small-urbanized areas that choose to disband their MPO or do not meet the minimum technical standards there MPOs will be dissolved. (section 1201) Suballocation. Approximately 12.5% Suballocation. Funds are suballocated of highway funds are suballocated to from the Transportation Mobility, MPOs and other parts of the state CMAQ and Additional Activities from the STP program. (23 USC 133) programs to MPOs and other parts of the state. This represents ~17% of highway funding. (section 1108 pages 97 and 98, section 1113 pages 161 to 167, and 169 to 171) Any project located within an Continues this policy. urbanized area must be included in the MPO transportation improvement program to be eligible for federal alternatives are more effective at reducing congestion or minimizing impacts on communities during the review process in several circumstances (section 1317) Allows states to use programmatic mitigation plans (section 1311) Allows analysis and decisions from the long-range planning process to be carried into the NEPA analysis, limiting analysis in the NEPA process. (section 1310) [Please note this is a truncated list]

Metropolitan Planning Organizations

New MPOs are only designated for new urbanized areas with a population of 100,000. (section 4001 page 428) No tiering of MPOs All existing MPO continue to exist.

Metropolitan planning organizations must exist for all urbanized areas with a population over 50,000 No tiering of MPOs All existing MPO continue to exist. (section 1201)

Local Control

Suballoation. Funds are suballocated out of the STP program representing ~13% of highway funds. (section 1107 page 57) Allows a Governor to override an MPOs objection for projects on the Interstate system. (section 4001 pages 448 and 449)

Suballocation. Funds are suballocated out of the STP and Transportation Alternatives program representing ~14% of highway funds (sections 1108 and 1122) Continues policy in current law.

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Enhances this provision by requiring states to develop a process to consult with nonmetropolitan officials in the development of the statewide transportation plan that is separate and discrete from existing consultation processes for other stakeholders (section 1202). States may designate regional transportation planning organization Provides flexibility to communities under 200,000 to invest in local street networks instead of by-passes or widening of main street. (section 1108) Three programs that provide Eliminates the TE, Safe Routes, Bike/Ped Funding dedicated funding for bicycle and Recreational Trails and Scenic and Provisions pedestrian projects Transportation Byways programs and establishes a Enhancements, Safe Routes to School, new Additional Activities program and Recreational Trails which cuts funding compared to representing ~2% of overall highway these programs by ~20%. funding. Funding was also available through the Scenic Byways program. This program also can fund projects (23 USC 133(d)(2), section 1404 of like environmental mitigation and SAFETEA-LU, 23 USC 206, 23 USC minor road construction not eligible 162) under current programs. In Additional Activities 50% of the funds are suballocated to MPOs and other parts of the state, and then all funds are distributed through a competitive grant by the state or MPO. (section 1113 pages 170 to 174) Requires that states have a bike- Continues this policy. pedestrian coordinator. (23 USC 217(d)) Requires that states provide Continues this policy accommodations for all users when replacing a bridge subject to certain conditions (23 USC 217(e)) 1% of urbanized area transit funds Continues this policy renames funds. States are required to consult with non-metropolitan officials during the development of their long-range transportation plans and transportation improvement plans (23 USC 135) No flexibility to invest in local street networks States are required to cooperate with non-metropolitan officials in statewide planning and consult with non-metropolitan officials in the programming process. States may designate regional transportation planning organizations. Does not include flexibility to communities to invest in local street networks Eliminates the TE, Safe Routes, and Scenic Byways programs (sections 1107, page 57, and 1601). Recreational Trails program is retained. Eliminates this requirement. (HR 7 section 1601(n), page 235) Eliminates this requirement. (HR 7 section 1115(b), page 90) Eliminates requirement to spend States are required to cooperate with non-metropolitan officials in statewide planning and programming process. States may designate regional transportation planning organizations. (section 1202 pages 116 and 117, and 122 and 123) Does not include flexibility to communities to invest in local street networks. Eliminates the TE, Safe Routes, Recreational Trails and Scenic Byways programs and establishes a new Transportation Alternatives program which cuts funding compared to these programs by 1/3. (section 1122) This program also can also fund environmental mitigation and minor road construction not eligible under current programs. 50% of the funds are suballocated to MPOs and other parts of the state, and then all funds are distributed through a competitive grant by the state or MPO. A state may transfer all of the non- suballocated funds to other programs. In the event of an emergency a state may transfer all of the funds in this program to fix damaged infrastructure (section 1122, section 1509, and section 1515) Continues policy in current law. Continues policy in current law. Continues current policy with renamed

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from urban areas (5707 funding) must be spent on transit enhancements, including bicycle and pedestrian access. Bicycle projects that improve access to transit receive increased federal share (90-95%). STP funds may be used for transit projects (23 USC 133) NHS funds may be flexed to transit if the project is in a limited access NHS corridor, improve the level-of-service of the NHS route and is more cost effective than road project (23 USC 103(b)(6)(C)) Funds may not be flexed to passenger rail Not eligible for funding under the highway or transit program transit enhancements associated transit improvements funds on transit enhancements. Reduces increased federal share for bicycle transit access projects associated transit improvements

Flexibility of Highway Funds

Passenger Rail

Transportation Mobility Program funds may be flexed to transit and up to 5% can be used for freight rail or maritime projects (section 1108) National Highway Performance Program funds may be flexed to transit if the project is in a limited access NHS corridor, reduces delay or improves travel times, and is more cost effective than road project (section 1106) National Freight Program and Transportation Mobility program funds up to 10% and 5% respectively - can be flexed to freight rail or maritime projects (section 1115) Funds may not be flexed to passenger rail Not eligible for funding under the highway or transit program Maintains current Amtrak and PRIIA grant funding levels Strengthens rail planning provisions to improve coordination, identification of improvements and efficiency (section 35101) Directs USDOT to examine methods to enhance rail service by studying interaction between freight and passenger rail service on shared-use corridors (section 35104) Modifies RRIF program to allow state and local support for rail service to serve as collateral for RRIF loans (section 35408)

STP funds may be used for transit projects (section 1107) NHS funds may be flexed to transit if the project is in a limited access NHS corridor, improve the level-of-service of the NHS route and is more cost effective than road project (23 USC 103(b)(6)(C)) Funds may not be flexed to freight rail or maritime projects Funds may not be flexed to passenger rail. Not eligible for funding under the highway or transit program Reduces Amtrak operating assistance by 25%, eliminates the PRIIA rail congestion grant, and maintains other PRIIA grant funding levels

STP funds may be used for transit projects (section 1108) National Highway Performance Program funds may be flexed to transit if the project is in a limited access NHS corridor, reduces delay or improves travel times, and is more cost effective than road project (section 1106) Funds may not be flexed to freight rail or maritime projects. Funds may not be flexed to passenger rail. Not eligible for funding under any highway or transit program Does not include a Rail title

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Allows the Capital Investment Grants to Support Intercity Passenger Rail to be used for operating costs to help states offset increased costs on state supported Amtrak routes. Currently there are 15 state supported Amtrak routes. (section 35107) Establishes a new National Freight Program funded at $2B annually. Funds must be spent on a newly designated the National Freight Network consisting of portions of the Interstate system and critical rural freight corridors (27,000 miles). Federal share for national freight network projects is 90% for Interstate projects and 80% for non- Interstate. (section 1115) A state may use up to 10% of these funds for freight rail or maritime projects. (section 1115). A state may flex up to 5% of Transportation Mobility Program funds to freight rail and port projects (section 1108) Establishes performance measures, requires states and regions to (i) set targets and (ii) incorporate measures and targets into planning and programming processes (section 1115 pages 201 and 204, and sections 1201 and 1202)

Freight

No national freight policy or programs

Does not establish a National Freight Program. Directs the Secretary to establish a five-year National Freight Policy with goals to expand and improve freight infrastructure. Does not include funding for designated freight projects Does not include provisions for states to fund freight rail or maritime projects. States are encouraged to create state advisory committees and develop freight plans. The plan may or may not be incorporated into state long range plan. If a state develops a plan, it should include a description of how the plan will help the State meet National Freight Policy goals and state's

Does not establish a National Freight Program. Establishes national freight policy and goals and creates a national freight plan. (section 1115) Does not include funding for designated freight projects. Creates national freight network consisting of portions of the Interstate system and critical rural freight corridor (27,000). Increased federal share for projects on this network95% for Interstate projects, 90% for other projects. (sections 1115 and 1116) Does not include provisions to allow states to use funds for freight rail or maritime projects. Establishes performance measures and requires states and regions to (i) set targets and (ii) incorporate measures and targets into planning and programming processes. (sections 1201, 1202 and 1203) States are encouraged to create state advisory committees and develop freight plans. The plan may or may not be incorporated into the state long range plan. (section 1117) If a state develops a plan, it should include a description of how the plan will help the state meet national freight goals. No requirement for the freight

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Urban Transit (Urbanized Area grants, Growing States and High Density States and Bus and Bus Facilities program) Urbanized area formula program provides transit funding for areas over 50,000 population Growing States and High Density States formula grants distribute funding based on projected increases in population and current population densities. ~$465M Bus and Bus Facilities is a discretionary grant program open to any transit agency to fund buses, bus facilities, and related equipment that is funded at $984M. Historically this was an earmarked program. Clean Fuels Program- grant program to fund clean fuel vehicles plans to progress toward state performance targets. (sections 1117 and 1118) Retains urbanized area formula Retains program with increased Retains urbanized area formula program with increased funding. funding. No substantive program program at increased funding levels. Requires 3% of formula funds to be policy changes. Includes job access and reverse spent on job access and reverse commute projects as an eligible expense commute projects and eliminates Job under the formula program, but does Access and Reverse Commute (JARC) not specify a minimum amount that as a separate program. Requires 0.5% must be spent on such projects. Allows of formula funds to be used for up to 0.5% of formula funds to be used workforce development programs for workforce development (section 20007) Funds Growing States and High Eliminates Growing States and High Funds Growing States and High Density Density States formula grants at Density states formula. States formula grants at increased increased funding levels funding levels (section 20028) Eliminates the Bus and Bus Facility Retains the Bus and Bus Facilities Retains the Bus and Bus Facilities program. Creates a new $75 million program as a formula program not a program as a formula program not a discretionary program (funded out of discretionary program. Reduces discretionary program and reduces the New Starts program). funding to $840M. Transit systems funding at $422M (section 20029) that operate rail systems are not eligible for funds. Retains program Repeals program Eliminates the Clean Fuels program. Provides a similar amount of funding through the Transit Research program, which is subject to annual appropriations (section 20011) Temporary and targeted operating No flexibility for operators with more No flexibility for operators with more assistance. Operators serving areas than 100 buses running during rush than 100 buses running during rush over 200,000 are provided with hour. hour. temporary and targeted flexibility to use federal funds for operating assistance during times of high unemployment for a period of up to three years if they meet certain conditions such as maxing out the preventative maintenance flexibility and maintaining local commitment to transit service (section 20008 pages 744 to 749) 100 bus provisions. Provides 100 bus provisions. Provides 100 bus provisions. Provides flexibility to operators serving areas flexibility to operators serving areas flexibility to operators serving areas over 200,000 with 100 buses or less over 200,000 with 100 buses or less over 200,000 with 100 buses or less performance targets for measures established for the surface transportation program.

Transit Operating Assistance

No flexibility for transit providers serving areas over 200,000. Transit providers may only use formula funds for capital purposes. Capital purposes include preventive maintenance. Transit agencies in areas under 200,000 population may use formula funds for either capital or operations.

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running during rush hour to permanently use federal funds for operating assistance. Operators with 76 to 100 buses can use 50% of funds, while operators with 75 or fewer buses can use 75% of funds. (section 20008 pages 743 and 744) Increases rural transit program funding. Restructures formula allocation-adds service factor, low- income population, and gives additional weight to land area (decreases proportionate weight given to state population). Consolidates rural JARC program funding into rural formula program JARC projects are optional. Adds planning as an eligible expense (along with capital and operating expenses). Increases tribal funding to $30 million. Includes $20 million for an Appalachian development public transportation assistance program. Requires 15% of rural funds to be used to support intercity bus service. Includes pilot program that would allow 20 states to use private capital as a local match. . running during rush hour to permanently use federal funds for operating assistance. Operators with 76 to 100 buses can use 25% of funds, while operators with 75 or fewer buses can use 50% of funds. (section 2005 pages 262 and 263) Increases rural transit program funding and adds service factor to formula allocation. Tribal transit set-aside repealed; tribal transit eligible under consolidated tribal transportation program Requires 15% of rural funds to be used to support intercity bus service. Includes provisions to help maintain and expand intercity bus service and vanpooling. Private capital can be used as local match, subject to conditions. running during rush hour to permanently use federal funds for operating assistance. Operators with 76 to 100 buses can use 50% of funds, while operators with 75 or fewer buses can use 75% of funds. (section 20007 pages 253 and 254) Increases rural transit program funding. Restructures formula allocation-adds service and low-income population factors, and gives additional weight to land area (decreases proportionate weight given to state population). Consolidates for rural JARC program funding into rural formula program JARC projects are optional. Adds planning as an eligible expense (along with capital and operating expenses). Increases tribal funding to $30M from $15M. Includes $20 million for an Appalachian development public transportation assistance program. Requires 15% of rural funds to be used to support intercity bus service. Includes provisions to help maintain and expand intercity bus service and vanpoolingprivate funds can be leveraged for federal funding. Private capital can be used as local match, subject to conditions. (section 20010) Consolidates New Freedom Program into the Elderly and Disabled Program. Operating assistance is an eligible expense. Increases funding for the combined program. Funds are distributed through a competitive process by states or MPOs. (section 20009)

Rural Transit

Rural transit formula program provides funds to States for transit services in areas under 50,000. Formula allocates funds according to amount of rural land area and number of people living in rural areas. Includes set-aside of $15 million for tribal transit Requires 15% of rural funds to be used to support intercity bus service.

Specialized transit services for elderly, disabled and low-income individuals

The Elderly and Disabled program provides specialized service for elderly and disabled individuals. Operating assistance is an eligible expense. Formula allocates funds according to the number of elderly individuals in each state. The New Freedom program supports transit accessibility improvements

Consolidates 5317 New Freedom Program into 5310 Elderly and Disabled Program. Includes operating assistance flexibility for the new combined 5310/5317 Increases funding for the combined program. Funds are distributed through a competitive process by states or MPOs

Consolidates all three programs into a single competitive grant program: the Coordinated Access and Mobility Program. Retains current law that allows JARC-type projects to use funds for operations, but limits elderly and disabled projects to capital expenses only.

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beyond ADA requirements. Formula distributes funds 60% to areas over 200,000; 20% to areas between 50,000 and 200,000; and 20% to areas under 50,000. The Job Access Reverse Commute Program (JARC) supports transit service for low-income individuals and reverse commute service. Formula distributes funds 60% to areas over 200,000; 20% to areas between 50,000 and 200,000; and 20% to areas under 50,000. Projects selected for funding must be derived from a locally developed, coordinated public-transportation human services transportation plan Transportation Investment Competitive Grant Generating Economic Recovery Programs (TIGER)Competitive multimodal (Projects of grant program appropriated at Regional and $500M in FY 2012. Funded through National General Fund revenues. States, MPOs, Significance, ITS local governments and other may Systems apply to fund projects with a $10M Operations, New minimum project cost in urban areas, Starts/Small $1M minimum project cost in rural Starts) areas. Rural set-aside of $120M. A grant may cover up to 80% of the project cost. New Starts/Small Starts is a competitive grant program for construction of large new transit capital projects that is funded with General Fund revenues. Small Starts projects are those with Requires DOT to establish performance measures for the consolidated program. Incorporates JARC into Urban Area Formula Program and Rural Formula Program. Urban transit providers are required to use at least 3% of their funds for JARC projects. Retains coordinated public transit- human services transportation Retains coordinated plan requirement None Does not establish a Systems Operations and ITS Deployment Grant program Retains New Starts/Small Starts as a competitive grant program, subject to annual general fund appropriations. . Requires DOT to study and report on the establishment of performance measures for consolidated Elderly and Disabled program. (section 20009 page 281) Incorporates JARC into Urban Area Formula Program and Rural Formula program. (sections 20007 and 20010) Retains coordinated plan requirement

Does not authorize the TIGER program, authorizes Projects of National and Regional Significance (PNRS) for $1B in FY13. Funded through General Fund revenues. This is a competitive, multimodal grant program. States, MPOs, local governments and others may apply to fund projects with a total cost greater than $500M or 30% of a states highway apportionment. No rural set- aside. A grant may cover up to 50% of a projects cost. Under SAFETEA-LU, PNRS was an earmarked program. (section 1118) Provides between $50 and $100M annually for a Systems Operations and ITS Deployment Grant program. States, MPOs, transit agencies, local governments and others may apply for grants no single grant may exceed more than 10% of funding provided in a single year. (section 53001 pages 1583 to 1592) Retains New Starts as a competitive grant program, subject to annual general fund appropriations. No separate Small Starts category

Does not authorize TIGER. Authorizes Projects of National and Regional Significance (PNRS) for $500M in FY13, subject to general fund appropriations. This is a competitive, multimodal grant program for highway, transit and intermodal projects. States, tribal governments, and transit agencies may apply to fund projects with a total cost greater than $500M or 50% of a states highway apportionment. A grant may cover up to 50% of a projects cost. Local governments and MPOs cannot apply, and port projects are not eligible. (section 1120) Does not establish a Systems Operations and ITS Deployment Grant program. Retains New Starts/Small Starts as a competitive grant program, subject to annual general fund appropriations. Retains Small Starts category; no

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<$75 million in federal contribution and <$250 million in total project cost New Starts and Small Starts evaluated according to broad list of factors and considerations. Bus rapid transit projects are eligible for Small Starts funding, subject to conditions Project approval process takes substantially longer than highway project approvals, in part because they require an alternative analysis in addition to the NEPA alternatives analysis. Retains broad evaluation criteria with added emphasis on land use and economic development. Bus rapid transit projects are eligible, subject to more limited conditions. Projects to expand current rail capacity, or core capacity are made explicitly eligible. A program of inter-related projects can use the cost of a locally funded project as local match for another project funded with a New Starts grant Process is streamlined to remove alternative analysis, New pilot program for 3 projects to explore procurement methods or innovative financing to expedite project delivery Provides loans, loan guarantees and lines of credit for surface transportation projects or a program of projects Funding: $1,000M annually Projects must have a total cost of $50M, except for ITS projects, which must be at least $15M. A TIFIA loan may cover up to 49% of a projects costs. Loans to public agencies can be subordinated to pre-existing debt when the repayment source is not related to the performance of the Retains Small Starts category Project evaluation factors are shortened; added emphasis on private contributions Bus rapid transit projects are eligible for Small Starts funding, subject to more limited conditions Private funds can be used as a local match. Process is streamlined: no separate alternatives analysis is required beyond what NEPA entails; Additional project approval processes are combined into project development Deems any project that FTA has approved into project development to be authorized Provides loans, loan guarantees and lines of credit for surface transportation projects or a program of projects Funding: $1,000M annually Projects must have a total cost of $50M, except for ITS projects, which must be at least $15M. A TIFIA loan may cover up to 49% of total costs. Loans to public agencies can be subordinated to pre-existing debt. This will allow transit operators with dedicated revenues to access TIFIA specified funding level Retains broad evaluation criteria with added emphasis on land use and economic development and private participate Bus rapid transit projects are eligible for Small Starts funding, subject to conditions, and New Starts funding, subject to additional conditions. Projects to expand current rail capacity, or core capacity, are eligible; separate set of evaluation criteria A program of inter-related projects can use the cost of a locally funded project as local match for another project funded with a New Starts grant Process is streamlined to remove alternative analysis New pilot program for 3 projects to explore procurement methods or innovative financing to expedite project delivery Provides loans, loan guarantees and lines of credit for surface transportation projects or a program of projects Funding: $750M in FY13 and $1,000M in FY14 Projects must have a total cost of $50M, except for ITS projects, which must be at least $15M. A TIFIA loan may cover up to 49% of total costs Loans to public agencies can be subordinated to pre-existing debt when the repayment source is not related to the performance of the

TIFIA

Provides loans, loan guarantees and lines of credit for surface transportation projects Funding: $122M annually Projects must have a total cost of $50M, except for ITS projects, which must be at least $15M. A TIFIA loan may cover up to 1/3 of total costs. Loans cannot be subordinated to other debt. This makes it difficult for transit operators with dedicated revenues to access TIFIA loans.

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Program is competitive with projects selected based on the following: (i) significance; (ii) private participation; (iii) environment; (iv) project acceleration; (v) creditworthiness; (vi) use of technology; (vii) budget authority; and (viii) reduced federal grant assistance. States have limited to toll existing highways (23 USC 301 and 23 USC 129) Four pilot programs enhance the authority to toll federal projects and existing highways Value Pricing Pilot Program, Express Lanes Demonstration Program, Interstate Construction Program, and Interstate Reconstruction and Rehabilitation Program Requires that priority for excess toll revenues from HOV lanes converted to HOT lanes be for projects that provide alternatives to single occupancy vehicle travel. (23 USC 166) project. This will allow transit operators with dedicated revenues to access TIFIA loans. Program is changed to a rolling application basis without selection criteria 10% of funds are reserved for rural projects which are eligible for different loan rates and project cost thresholds (Title II of Division A) loans and it may also expose the federal government to greater risk where the repayment source is related to project performance. Program is changed to a rolling application basis without selection criteria (section 1201) project. This will allow transit operators with dedicated revenues to access TIFIA loans. Program is changed to a rolling application basis without selection criteria 10% of funds are reserved for rural projects which are eligible for different loan rates and project cost thresholds (Title II of Division A)

Tolling,Public- Private Partnerships and Private Sector Participation in Transit

Continues this policy. Extends the Express Lanes Demonstration Program for two years and removes the authority to expand a highway and toll both the original and new lanes (section 1525). It does not extend the Interstate Reconstruction and Rehabilitation Program and does not provide funding for the Value Pricing Program Continues this policy Prohibits the use of private activity bonds for non-greenfield public- private partnerships. (section 40309) Reduces formula funding for states that have entered into long-term leases on existing highways (section

Allows state authority to toll existing highways excluding Interstates, toll new lanes on Interstates, and to convert an existing facility to a toll facility if capacity is expanded. (section 1204) Repeals the Express Lanes Demonstration Program and the Interstate Construction Program. It does not extend the Interstate Reconstruction and Rehabilitation Program and does not provide funding for the Value Pricing Program. (section 1601) Modifies this policy to eliminate priority for toll revenues for projects that provide alternatives to single- occupancy vehicle travel. (section 1205) Does not contain provisions restricting the use of private activity bonds.

Allows state authority to toll existing highways excluding Interstates, toll new lanes on Interstates, and to convert an existing facility to a toll facility if capacity is expanded. (section 1512) Within 4 years toll facilities must implement interoperable electronic toll collection (section 1512) Does not include provisions to extend any of the pilot programs. Eliminates priority for toll revenues for projects that provide alternatives to single-occupancy vehicle travel. (section 1205) Does not contain provisions restricting the use of private activity bonds. Does not include provisions reducing formula funding due to long-term leases of highways.

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Requires transportation plans to encourage private sector participation in transit, to the maximum extent feasible as determined by local policies, criteria, and decision-making. 1105 pages 53 to 56) No specific language Increased private participation incentives in transit programs Creates a new section (5326) dedicated to enhancing ability for private sector participation in providing transit servi Creates a new incentive program that provides a higher federal match if a transit agency competitively contracts for fixed route bus service Vanpool providers may use cost of rolling stock as local match Continues current practice. Requires DOT to provide technical assistance on best practices for public- private partnerships and on coordination with the private sector (section 1534 and 20013) Directs FTA to identify impediments to undertaking public-public private partnerships for transit projects and promote greater transparency and access to public-private partnership agreements. (section 20013) Requires GAO to conduct a study of contracting out transit services. (section 20013) Vanpool providers may use cost of rolling stock as local match (section 20016 - pages 302 and 303) Continues current practice. Establishes a National Transit Institute to conduct training and education on public transportation work and creates a small competitive grant program for innovative workforce practices. Grant is funded at $5M, subject to annual appropriations. (section 20015) Continues this policy. Does not include the Senate provision. Ensures that all contracts for a project, as defined in a federal record of decision under NEPA, are subject

Workforce Development

Maintains On-the Job Training program and allows for up to 0.5% of highway project cost for workforce development.

Buy America

Continues current practice. Requires urban transit agencies to use at least 0.5% of their formula funds for workforce development activities. Also establishes a $2M competitive grant program for innovative workforce development practices. (section 20016) Federally-funded surface Continues this policy. transportation projects are required to use a certain percentage of domestically produced iron, steel and manufactured goods with certain exceptions related to cost and Improves transparency around the availability. (23 USC 313, 49 USC waiver of these provisions and chapter 244, 49 USC chapter 246, 49 requires reports on the waivers USC 5323) issued including value of waivers, specifications, and country of origin of materials purchased. (section 33007) Ensures that all contracts for a project, as defined in a federal record of decision under NEPA, are subject

Continues this policy.

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to Buy America requirements if any of the contracts use federal funds. (section 1528) Establishes a Pilot Program for Transit-Oriented Development funded at $20M. This provides grants to communities with a New Starts grant to do station area planning. (section 20005(b)) Includes mixed-income TOD in the new national goals for the transit program. to Buy America requirements if any of the contracts use federal funds. (section 1528) Expands the eligibility of the TIFIA program to provide grants for infrastructure to support transit- oriented development. Projects under the section must cost at least $15 million. (section 1201) Establishes a Pilot Program for Transit-Oriented Development funded at $10M. This provides grants to communities with a rail, BRT or core capacity project to do station area planning. (section 20005(b)) Does not include mixed-income TOD in transit program goals Does not restore the parity between the transit and parking benefits

Transit-Oriented Development

No direct provisions

Parity between commuter benefit Restores parity between the transit Commuter Benefit and the parking benefit expired and and parking benefits was not extended in the 2011 tax extenders package. Currently transit benefits are capped at $125 per month, while parking benefits is $240 per month.

Does not restore the parity between the transit and parking benefits

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