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TRANSPORTATION AND INFRASTRUCTURE SERVICES (2020)
5.00 Transportation Principles transportation projects. It is important that
state and local government officials have the
The United States’ transportation systems are ability to “flex funds,” or use federal
essential to the economic growth, vitality and transportation funding as they properly
resilience of our nation’s cities and towns and determine.
the country as a whole. These systems can
preserve and strengthen local and regional C. Modal Equity
economies, stimulate economic growth and NLC supports investment in the nation’s
strengthen our competitive position in world infrastructure and encourages the federal
trade. The safe and efficient movement of government to enact policies and programs
people and goods must be the prime objective that would expand public and private
of transportation policy at all levels of investment in all areas of infrastructure.
government, and federal, state and local Federal policy should treat all transportation
governments should be guided by the modes with equity and should urge federal,
following principles in the development and state, and local officials to work together on
implementation of transportation policies and the safe, efficient, and environmentally-
programs. friendly designs for solving transportation
problems. Public subsidies for particular
A. Local Control modes of transportation, if used, must be
Fundamental responsibility for overall explicit in the outcomes required and must
transportation decision-making is a shared support and enhance the efficient operation
federal, state and local responsibility but of our market-based economic system. Rural
emphasis should be at the local level. NLC and urban transportation needs should be
supports the ability of states and addressed equitably.
municipalities to set their own priorities in
transportation investment, and to have a D. Intermodalism/Multimodalism
greater voice in influencing transportation NLC recognizes the need for regional and
plans that satisfy local needs and objectives. federal strategies to create a robust and
multimodal national transportation system. It
Where there are overriding national or is essential that the nation’s transportation
statewide transportation concerns, federal system be seamless and mode-neutral.
and state governments have a legitimate role Federal policy should encourage “closing the
in planning and decision-making, but local gap” of independent modal elements of the
governments should never be excluded from transportation system, with the goal of
those processes. Congress should strengthen ensuring that efficient connections between
provisions for local decision-making as a modes are available for the movement of
central component of any federal people and goods.
transportation program, and any funds
intended for local use must not be diverted to NLC supports federal priority funding for
state governments. improving the efficiency of the connecting
modes of intermodal/ multimodal facilities.
B. Flexibility
NLC supports local flexibility to build,
operate and maintain local and regional
2020 Transportation and Infrastructure Services
168E. Integrated Management and 5.01 Transportation Policies
Operations
Federal policy must encourage integrated A. Transportation Planning
management and operation of all 1. Metropolitan Planning Organizations
transportation systems at regional and local The federal government must continue to
levels, maximizing the use of information require that Metropolitan Planning
technology for management of traffic and Organizations (MPOs) be responsible for a
transit, monitoring structural integrity, and continuing, comprehensive, and coordinated
enforcement for public safety. transportation planning process that develops
multimodal transportation programs in
F. Advanced Transportation cooperation with state transportation
Technologies departments, public transportation agencies,
City leaders welcome advanced technologies and local implementing agencies. The MPO
that can improve safety, reduce congestion endorsement of these plans and programs
and decrease costs within the transportation must be a prerequisite for approval of
networks. It should be a federal policy to federally assisted transportation projects in
accelerate the testing, deployment and urbanized areas. The federal government
integration of advanced transportation should continue to provide adequate financial
technologies, such as automated, connected, assistance to MPOs for planning efforts.
electric and shared vehicles, that have the
capability to increase mobility options and The federal government should allow the
accessibility, while simultaneously ensuring MPO and/or the local government to plan
safety and reducing emissions, collisions and projects that use alternate design standards
congestion. This should be done in close while meeting environmental objectives,
consultation with cities and include a robust when the use of rigid federal design standards
public engagement process and appropriate is inconsistent with local needs.
regulations that ensure the unique needs of
each municipality are accounted for. Federal regulations should continue to
Adoption of new technologies should also be require that the elected officials of general
linked to solutions to address persistent purpose local governments be adequately
challenges including funding, data for represented on the MPO and that such
research and integrated transportation officials participate in the designation and re-
planning. designation of the planning organization and
its membership.
G. Disadvantaged Business Enterprise
(DBE) Requirements MPOs representing metropolitan areas with
The federal government should seek greater populations of more than 50,000 must be the
economic opportunity for disadvantaged direct recipients of federal transportation
businesses in federal procurement and funding for all transportation planning and
financial assistance programs. DBE goals program efforts in those areas. Small cities
should be high enough to be effective, and with populations less than 50,000 should
enforcement should be reasonably consistent. have the option to receive federal
Furthermore, a flexible, efficient waiver transportation funding directly or retain the
procedure should be instituted to take into current practice of state sub-allocation.
account the percentages of DBEs in an area
and the availability of DBEs.
2020 Transportation and Infrastructure Services
169The federal government shall require states to • Mandate concurrent reviews among all
work cooperatively with MPOs to develop federal and state agencies involved in the
joint forecasts of anticipated federal environmental review of all federally
transportation funding to create more funded transportation projects;
accountability in federal highway projects. • Standardize environmental policy and
the review/approval process within DOT
2. Rural Consultation modes;
The federal government must require states • Develop clearly defined procedures for
to implement a process for consulting with resolving disputes among those agencies;
local jurisdictions in rural, non-MPO areas, • Require all agencies to determine
regarding transportation project planning and appropriate time frames to complete their
decision making. reviews;
• Eliminate duplicative environmental
3. Project Identification review by crediting equal or more
States should be prohibited from stringent state environmental review
implementing projects unless they are first actions during the federal environmental
included in the transportation improvement review process;
plans, except for Management and • Continue to allow federal transportation
Operations (M/O) projects. dollars to be used by local and state
government to provide the resources
NLC urges the federal government to require necessary to meet the time limits
states to consult with affected local established for the federal environmental
communities on transportation projects process; and
regarding the inclusion of environmental • Include locally elected officials in any
retrofits, such as storm water runoff and noise pilot program created to examine
abatement, as part of projects that are exempt environmental streamlining efforts.
from federal environmental requirements,
including categorical exclusions. 5. Municipal Impact Analysis
The social, environmental, economic, and
4. Project Delivery energy impacts of proposed federal
The federal government must streamline the transportation legislation and regulations
federal transportation project delivery should be identified by the MPO or local
process to facilitate construction of federally jurisdictional body prior to implementation,
funded projects and reduce project delays. and steps should be taken to mitigate any
Delays in the implementation of federally adverse impacts. Existing and proposed
funded transportation projects must be federal transportation programs and
eliminated in order to increase local control regulations must be carefully designed to
and make more effective use of limited ensure that actions taken support municipal
financial resources. The federal government elected officials and their constituents’
should require states to implement
efforts to improve the social, economic and
transportation projects identified on the local environmental sustainability of their
level and of local importance with the same communities and flexibility in the use of
timeliness and priority as other regional federal dollars to achieve local goals.
transportation projects.
The project delivery process must:
2020 Transportation and Infrastructure Services
1706. Research and Development movement and congestion relief
The federal government should continue to improvements, leveraged private capital, and
research, develop, and conduct local pilot and the promotion of innovative technologies.
demonstration projects of new technologies
through federally-financed programs, and While TIFIA has provided flexible funding
include local governments as key partners at for major transportation projects and helped
the request of local officials. local governments leverage private and other
non-federal investments, limited budget
B. Transportation Finance and authority and delays in the approval process
Administration can result in cost increases. NLC supports an
1. The Federal Role increase in the available funding for the
The current federal surface transportation TIFIA program and greater flexibility for
programs are not meeting the financial needs DOT in approving projects that can take
of the transportation system. NLC supports advantage of favorable financing.
broadening the definition of innovative
financing techniques beyond debt financing c. Revenue Generation
to include: The federal government should encourage a
new generation of creative and innovative
a. Innovative Management of Funds revenue generation options at the state and
NLC encourages the federal government to local levels such as public-private
permit municipalities to use innovative partnerships to help finance critical
financial management techniques such as transportation infrastructure needs. (See also
advanced construction financing, toll credits FAIR Section 1.02C.5, Increasing the Supply
and flexible federal – local match options of Municipal Capital.)
with federal transportation funds to maximize
limited public funds and leverage private d. Debt Financing
capital. Innovative management must follow Debt financing for highway and transit
generally-applicable accounting principles. projects is an important financial tool if
exercised prudently. Low cost loans from the
b. Credit Assistance federal government can be extremely useful
Credit assistance, tax incentives and other in getting highway projects moving and
transportation finance tools have been resolving significant transportation funding
effective tools in expanding the available issues. Where federal funds are involved,
revenue for transportation investments. NLC NLC recommends ensuring sufficient
supports federal direct (low interest) loans, protections to balance immediate
loan guarantees and credit line assistance transportation needs against the financial
with favorable terms through programs like burden on future generations. Such
Infrastructure Banks and the Transportation protections include, but are not limited to,
Infrastructure Finance and Innovation Act debt ceiling caps and required public
(TIFIA). NLC supports the application of referenda.
objective approval criteria for credit
assistance. Approval factors should include, e. Federal Aid Turnback
but not be limited to, threshold cost NLC Strongly opposes proposals to
requirements, consistency with long-range dismantle federal transportation finance by
regional and state transportation plans, turning back all or a portion of the federal aid
generation of economic benefits, goods to the states.
2020 Transportation and Infrastructure Services
1712. Surface Transportation Revenue Sources fairness, administrative ease, and policy
a. Guiding Principles stability.
NLC endorses the preservation of federal fuel
taxes to fund the Highway Trust Fund (HTF), v. Revenue Generation: Any new
which funds national surface transportation transportation revenue system must be
needs. All federal fuel taxes need to be able to generate more revenue than
increased in steps to reflect inflation since the collected currently, and it must maintain
last increase and then indexed for inflation in the precedent under the current system’s
future years. In addition, the decrease in HTF design that protects against cheating to
revenue collections indicate the need for avoid paying one’s fair share of fuel
alternative transportation funding system. taxes.
Vehicle miles traveled (VMT) and other
experimental ideas should be developed to vi. Reliability: Revenue streams must be
meet the nation’s long-term needs. These reliable and sufficient to meet the diverse
programs should have a mechanism that both and growing transportation infrastructure
reflects inflation and vehicle gross weight, needs of the nation.
and emissions
vii. Technology Improvements: The
The following principles should guide federal increasing shortfall of revenues from fuel
efforts to achieve this objective: taxes caused by the reduction in gasoline
usage from increasingly fuel-efficient
i. Fairness: Any new transportation vehicles and alternative fuel cars and
revenue system must ensure that no trucks (i.e., hybrid, all-electric,
single segment of the population bears an alternative fuel, and hydrogen-electric
inequitable financial burden. vehicles), and higher use of alternative
transportation systems that utilize no
ii. Privacy: The design of any new gasoline must be offset with alternative
transportation revenue and related tax revenue sources to fairly reflect their
collection system must integrate share of road usage. At the same time, the
reasonable privacy protections yet need for revenue stability should be
provide information related to miles balanced with the need for federal, state
driven within travel jurisdictions. and local policies to encourage
reductions in vehicle emissions,
iii. Administrative Ease: The design of any particularly in urban areas.
new transportation revenue system
should improve administrative b. Fuel Taxes as HTF Revenue Source
effectiveness and efficiency. At Until a new, national transportation
minimum, there must be no financing system is in place; Congress
administrative deterioration from the must maintain a dedicated federal fuel tax
current system. on diesel, gasoline, and gasohol that
generates sufficient annual revenues
iv. Seamless Transition: The dedicated to the HTF for transportation
implementation of any new purposes only. These funds must not be
transportation revenue system must diverted for other purposed and need to
provide for a seamless, gradual transition be (a) increased to reflect loss of
to ensure stable revenue collections, tax purchasing power and (b) indexed to
2020 Transportation and Infrastructure Services
172account for future inflation and the administration to both preserve current
federally mandated Corporate Average guaranteed funding mechanisms and to
Fuel Economy (CAFÉ) standards increase the percentages allocated to the
federal transit program.
• Congress should require heavier trucks to
increase their contribution to the HTF so To provide a viable alternative to the
that they pay in proportion to the costs automobile, public transportation services
they impose on the highway system. The need to be of quality and frequency if they are
heavy-use truck fee should continue to be to attract a significant number of passengers.
required until such time as the This shift in passenger traffic can only be
Department of Transportation can accomplished with an increased commitment
recommend to Congress an alternative of public funds for essential equipment, staff,
tax which is more equitable than the and maintenance.
heavy-use tax, easy to administer, and
will generate at least as much revenue as NLC opposes state-by-state minimum
the use tax. This could be in the form of allocations for federal transit funding. NLC
a VMT to reflect annual mileage traveled opposes the imposition of “caps” on the
and indexed to reflect gross vehicle amount of federal transit funding a state may
weight. This would operate as a national receive. Caps do not address differences in
program but would not exclude similar transit needs in the country, and force a “one-
state programs. Devices such as studded size-fits-all” approach to federal spending on
tires are permanent or seasonally transit programs.
permanent that increase wear and tear
abnormally on highways should bear a A federal commitment should be made to
portion of highway maintenance expense new funding and not by shifting funding from
through the imposition of existing transportation programs. States or
mount/dismount or other installation fees localities that provide a greater financial
at the state level. commitment shall receive higher priority for
• Congress should allow the use of toll federal funding for public transportation
financing on federally aided highway, systems.
tunnel and bridge projects.
• Congress should develop incentives for Maintenance and productivity indices should
local governments to increase their be incorporated into federal allocation
contribution to the federal highway formulae and there should be incentives in
program, for instance, by allowing the matching-ratio to encourage productivity
localities to increase the local matching improvements and maintenance of existing
share of highway funds at their transit facilities. However, productivity
discretion. However, those increased improvements alone will not mitigate the
contributions should not be considered a problems of rising transit costs and
substitute for the federal highway funds inadequate transit revenues.
to which a state or locality is entitled.
Federal policy should also continue to
c. Funding Public Transportation emphasize the proper management of
NLC supports an increase in funds existing transit systems and the
designated for public transportation, and implementation of low cost transit
urges Congress and the federal government improvements.
2020 Transportation and Infrastructure Services
1733. Transportation Tax Policy to Encourage C. Federal Responsibility for Planning
Commute Alternatives and Funding Freight Mobility
NLC supports changes to the tax code and The U.S. goods movement system needs
federal tax incentives to encourage greater federal leadership. Freight
vanpooling, ridesharing, transit usage, bottlenecks can be found all over the country,
telecommuting and other commute but the task of prioritization and fixing them
alternatives. Current law prohibits employers is often beyond the means of the states,
from providing tax-free commuter benefits. counties and cities in which projects are
NLC seeks reinstatement of those tax-free located. A national freight strategy and
benefits that were deleted by Congress as part dedicated, competitive and formula funding
of the 1986 Tax Reform Act. NLC urges the is critical in order to maintain the efficiency
federal government to ensure that pretax of the transportation system and the U.S.
benefits offered for commute alternatives, economic competitiveness. NLC urges the
including transit, are equal to or greater than federal government to adopt the following
those offered for parking. specific measures;
NLC strongly urges the federal government 1. National Freight Strategy:
to promote transportation demand The Secretary of Transportation should be
management programs for both passenger directed to develop a national freight strategy
and freight movement and other commute that addresses multi-modal freight needs in
alternatives. NLC supports federal tax the United States. In addition to covering
incentives for small employers to coordinate domestic freight, the strategy should address
and promote ridesharing programs, including the movement of U.S. imports and exports
the use of new connected vehicle through U.S. ports
technologies, and services that provide
flexibility. Cities should be encouraged to 2. Senior, Focused Freight Leadership:
coordinate with other transportation agencies A multi-modal freight office led by an
to spread the movement of highway official at least at the assistant secretary level
passenger and freight traffic from peak to should be established with the Office of the
non-peak times. Secretary of Transportation. This official
would develop the national freight strategy
4. Federal Aid Turnback and associated policies, advocate for freight
NLC strongly opposes proposals to dismantle across the modal administrations, and award
federal transportation finance by turning back funding for goods movement programs and
all or a portion of the federal aid to the states. projects
5. Federal Earmarks 3. Dedicated Freight Program and
NLC is opposed to federal earmarks in the Funding:
congressional transportation funding process A dedicated, formula-based goods movement
that are inconsistent with regional and local program with dedicated funding should be
priorities. NLC believes that such earmarks created within the Department of
are inefficient, and often reduce the funding Transportation. Ports should be eligible to
available to a state or locality for higher seek funding from this program for freight
priority projects.
2020 Transportation and Infrastructure Services
174projects both inside and outside their and represents passenger rail interests serving
terminals. cities along the routes.
4. Projects of Regional/National D. Air Quality
Significance: Specific air quality policies are contained in
A discretionary, merit-based grant program Section 2.03 of the EENR chapter.
for projects of national significance should be
established. Freight measures should be Transportation sources are significant
heavily weighted among the criteria used to contributors to the levels of pollutants, and as
select projects for funding. congestion increases in cities and the nation,
levels of these pollutants increase as well,
5. Freight Eligibility for Existing despite efforts to reduce emissions from
Programs: mobile sources. Addressing transportation
Eligibility requirements for existing surface issues is an effective way of reducing
transportation programs should be expanded emissions in cities. Therefore, NLC urges the
to better address freight requirements. federal government to offer a funding
a. Congestion Mitigation and Air Quality program for non-attainment areas and those
(CMAQ): Although freight projects are cities struggling to maintain attainment to
currently eligible for CMAQ funding, they address emissions from mobile sources. The
are not major recipients of funds. CMAQ United States Department of Transportation
criteria should be refined to more (DOT), and not the states, should administer
appropriately recognize freight’s potential to this program.
contribute to air quality improvements.
b. Road-rail grade separations: The criteria E. Congestion Mitigation
for funding grade separation projects should To maintain economic and environmental
be expanded to acknowledge congestion viability, congestion mitigation programs
relief and freight benefits, as well as safety must be available to all cities. A
benefits. comprehensive, federal funding program to
c. TIFIA: The TIFIA program should be address congestion would foster project
clarified to include projects located within a innovation, enhance intermodal planning,
port terminal that improve the intermodal promote savings in infrastructure investment,
interchange, transfer, and surface access of and increase the livability and economic
goods into and out of ports and that reduce viability of communities across the country.
environmental impacts of freight movement. The federal government must develop a
congestion mitigation program that provides
6. Tax Credit for Rail Infrastructure direct funding to all cities to address
Investment: congestion problems in their communities.
To encourage the expansion of freight rail Eligible projects could include intelligent
capacity, a tax credit should be created for transportation systems, projects to increase
certain rail infrastructure investments that vehicle occupancy, demand management
generate public benefits. strategies, traffic flow improvement projects,
congestion pricing, mode shift including
7. States’ Freight Planning: transit and non-motorized modes, and
Each state should be required to develop a innovative transportation technologies such
freight plan and establish a freight advisory as automated, connected, electric and shared
committee that includes local representation
2020 Transportation and Infrastructure Services
175transportation that would address the communities of color and other underserved,
efficiency of cities’ transportation networks. disadvantaged populations.
F. Transportation of Hazardous NLC recognizes that federal policymakers
Materials have too often accepted limited input from
The condition of the nation’s roads and these communities, creating racial
railroad infrastructure impacts the frequency disparities, and gaps of economic opportunity
and severity of accidents. Consequently, and social mobility in vulnerable
increased investment in this infrastructure populations. NLC supports federal
will also help reduce the number and severity transportation policies that:
of accidents involving hazardous materials • Ensure opportunities for input in the
by improving the safety of roads, bridges, and transportation planning process from
rail. Therefore, NLC continues to advocate affected communities;
for increased federal investment in this • Promote safety and address disparities in
critical infrastructure. traffic fatalities among people of color;
• Provide resources to municipalities to be
NLC supports existing federal performance able to incorporate community impact
standards to guide the selection of highway assessments and health impact
and rail routes along which hazardous assessments into the transportation
materials can be shipped including shipments planning process;
made by or under the direction of the United • Provide resources to municipalities to
States Department of Energy or Defense. strengthen minority business enterprise
(MBE) and disadvantaged business
States and localities must be allowed to adopt enterprise (DBE) programs;
and enforce highway and rail route • Restore communities destroyed, divided
requirements (including time-of-day or economically disadvantaged or
restrictions, escorting, and local bans) that divided by past decisions regarding
are consistent with the federal performance placement of transportation
standards. NLC supports federal exemptions infrastructure; and
when a state or locality can demonstrate that • Provide access to safe and affordable
it has unique local safety requirements. multimodal transportation options with
equity across all communities based on
G. Surface Transportation Security need.
NLC does not support diverting any portion
of the federal fuel tax to fund security Transportation system shall include affected
measures for surface transportation systems. locally elected officials in the planning
Securing these systems is a matter of national process. NLC urges the federal government,
security and must be funded as part of our in cooperation with local governments and
national defense. transportation system operators, to assess the
vulnerabilities of the entire surface
H. Racial Equity transportation system. Federal agencies must
America’s cities need transportation assist local governments by sharing
infrastructure and services that support information, intelligence, technology, and
opportunities for all. Federal policy must best practices, and by providing adequate
support municipal efforts to provide essential funding for vulnerability assessments.
transportation systems, with a focus on
2020 Transportation and Infrastructure Services
176NLC urges all sectors of the transportation hybrids and electric vehicles as well as the
industry, including public transportation value of the transportation product generated
systems, water transportation, public and by all vehicles as a function of gross vehicle
private transit and rail companies, and weight.
highway systems, to participate in
cooperative vulnerability assessments, Every state should also be guaranteed a
emergency response plans, and drills. Federal minimum percentage of funds to cushion any
financial assistance must be made available negative annual shifts in a state’s historical
to implement these plans and assessments. share of federal transportation funds. Any
funds that may be distributed by the federal
NLC expects the federal government to: government to the states should be
• Provide technical assistance to local distributed in each state on an equitable basis.
governments to develop possible
countermeasures to deter, detect and B. Bridges
delay the consequences of terrorist threats NLC urges the federal government to
against vulnerable assets; maintain the current Bridge Replacement and
• Continue to research technologies to Rehabilitation program with sufficient
detect chemical, biological, and nuclear funding to repair bridges that are structurally
contaminants in transit systems and or operationally deficient. Off-system
provide technical and financial assistance bridges should continue to be eligible for
to local governments to implement these federal bridge funds, and the discretionary
technologies; bridge program should be preserved.
• Develop methods to harden assets
deemed most vulnerable; NLC urges the use of information technology
• Provide current security guidelines for all in monitoring the structural integrity of
transportation systems; and bridges.
• Encourage the use of information
technology in traffic management, NLC also strongly urges efforts at all levels
including the enforcement of traffic laws, of government to review road and bridge
monitoring infrastructure integrity, and needs and work to provide adequate revenue
public safety. to ensure the safety of our transportation
infrastructure.
5.02 Streets and Highways
C. Highway Beautification
NLC recommends that the responsibility for
A. Highway Trust Fund Finance
controlling outdoor advertising and
To balance the effects of inflation on the
junkyards should be returned to
Highway Trust Fund by indexing the gas tax
municipalities, and to states in areas outside
to the consumer price index (CPI), NLC
municipalities. These governments should
strongly opposes diverting any of these funds
have the authority to order the removal of
to any non-transportation purposes, including
those signs and the relocation of those
reducing or masking the federal deficit.
junkyards that are incompatible with state
and local land use plans and zoning laws, and
NLC also supports adoptions of a VMT based
allow sign and junkyard owners to amortize
funding mechanism that increasingly
their losses through advertising revenues.
captures the use of highways and roads by
alternatively powered vehicles such as
2020 Transportation and Infrastructure Services
177Federal controls over outdoor advertising The federal government should give funding
should be retained only on interstate priority to ITS projects that improve traffic
highways outside the jurisdictions of flow on existing streets and highways as
municipalities and on federally aided primary alternatives to major new construction,
highways selected as scenic highways by especially in high-density areas. Priority
states. should also be given to street and highway
improvements which benefit public transit,
D. Transportation Alternatives Program such as preferential lanes for high occupancy
NLC supports the Transportation vehicles, bus lanes, ramp metering,
Alternatives set aside in the Surface computerized traffic control, one-way streets,
Transportation Block Grant Program, which reversible traffic lanes, traffic signal priority
serves as a dedicated source of federal for buses, parking management strategies.
funding for local transportation priorities
including bicycle and pedestrian trails and With the rapid advent of autonomous,
facilities. connected, electric and shared advanced
transportation technologies, the federal
To foster fiscal certainty and security in the government should facilitate the testing and
transportation planning process. NLC urges deployment of demonstration projects
the U.S. Congress to maintain a funding level including single, multiple-occupancy and
for the Transportation Alternatives set-aside transit vehicles in those cities that choose to
that is equal to, or greater than, the inflation accelerate and integrate their adoption, in
adjusted levels established under the most order to increase mobility options while
recent previous authorization of the simultaneously reducing emissions, crashes
Transportation Alternatives Program. These and congestion.
programs should be protected from recession.
The federal government should facilitate the
NLC encourages the federal government to use of uniform technology in the collection of
maintain the Transportation Alternatives set- tolls on roads across jurisdictions and
aside as a dedicated source of funding for transportation systems such as vehicle
transportation projects because such projects mounted toll tags or passes and transit
have strengthened our nation’s multi-modal stickers or passes.
transportation system and have contributed
significantly to economic development and F. Highway Safety
environmental improvement at the local and Greater consideration should be given to
regional level. safety in planning, design and construction.
Additional resources need to be focused at all
E. Intelligent Transportation Systems levels of government on research, education
NLC supports intelligent transportation and enforcement to increase highway safety,
systems (ITS) technology development and including work zones. NLC supports the use
deployment and an increase in federal of incentive grants to encourage states to
funding for these purposes. By applying ITS adopt more stringent impaired driving and
technologies and services, we can improve seat belt use laws. NLC also supports the use
the safety and efficiency of goods movement, of information technology in traffic
and thus the competitiveness of America’s enforcement and pedestrian and bicycle
intermodal and international freight safety.
transportation systems.
2020 Transportation and Infrastructure Services
178NLC supports the funding of elimination of 4. National Commercial Truck Driver
grade level crossings for high traffic rail lines Standards
in urban areas where the railway bisects cities NLC continues to support federal national
and towns impeding the flow of traffic and uniform standards for the training and
creating public safety issues. licensing of interstate and intrastate drivers of
commercial motor carriers States should
G. Motor Carriers administer those standards.
1. Truck Weight and Size Limits
NLC opposes increases in truck weight limits 5. Enforcement of Motor Carrier Safety
unless and until such increases are Regulations
accompanied by simultaneous and sufficient The federal government should continue
increases in the heavy truck-user tax. adequate Highway Trust Fund funding for
the Motor Carrier Safety Assistance Program
NLC opposes allowing the longer (MCSAP). This program provides grants to
combination trucks (i.e., “triple-trailers” or states for development and implementation
“truck trains”) both on and off the designated of programs (including roadside vehicle
national network of truck highways until the inspection programs), which enforce federal
impact of increased truck length and width and compatible state motor carrier safety
standards on highway costs and safety is regulations.
assessed and reflected in highway user fees
and appropriate safety regulations. The federal and state governments should
identify and develop new technologies and
2. Truck Routing innovative strategies, which will enhance and
NLC supports federal government study of improve commercial motor carrier safety,
the impact of the designation of routes along protect the driving public from commercial
which longer, wider trucks may travel. This motor carriers that do not pass safety
study should be used in the development of inspections, and promote and enforce much
any performance standards for such stricter safety standards for commercial
operations. State and local governments motor carriers, such as adequately securing
should also retain authority to designate truck truck loads and imposing penalties for
routes, truck access pickup and delivery missing treads.
points on roads which are not a part of the
designated truck network. 6. Motor Carrier Substance Abuse
Assistance Program
3. Regulation of the Motor Carrier Industry NLC supports a federal incentive grant
The federal government should encourage program for states that wish to conduct
increased competition within the trucking random roadside inspections for driver
industry and remove barriers to free entry by alcohol and drug abuse.
increasing the flexibility of carriers to set
rates and establish routes. No federal action 7. Motor Carrier Data Collection
should be taken to weaken truck safety NLC urges the federal government to
requirements in any way. NLC also urges that develop a centralized system for collecting
federal motor carrier safety requirements be and disseminating information on motor
applied uniformly for both domestically- carrier drivers and vehicles. The federal
registered and foreign-registered vehicles. government should:
2020 Transportation and Infrastructure Services
179• Expedite the development of the National national interest of an effective, national
Driver Register (NDR); transportation system, especially where it
• Ensure that commercial truck driver alleviates congestion and increases economic
records are included in the Register; productivity.
• Adequately fund the program; and
• Assist states with collecting, exchanging, B. Role of the Private Sector
and maintaining comprehensive truck NLC believes the federal and state
accident and violation data and truck governments should make public-private
driver and inspection records and history partnerships an option for all communities
of substance abuse. for viable, appropriate projects that they
decide will serve their community.
H. Barriers to Connectivity
NLC believes that well-connected However, federal or state imposed,
communities are better able to serve all of competitive privatization of transit service
their residents and create economic undermines the public-serving nature of
opportunity for all parts of the community. In transit, and privately provided transit services
many cities and towns, problematic past will never serve all transit needs.
placement of federal highways has divided
communities and created dangerous and Decisions about the terms and conditions of
isolating barriers to mobility, especially private sector participation in transit,
pedestrian and cycling mobility within a including the decisions to subcontract with
community. These barriers have in many private providers if warranted, should be
instances created or worsened racial divides, made at the local level, not the federal or state
food deserts, and access to healthy recreation level.
or employment opportunities. These
problems can be extremely difficult and C. Local Control
costly to remedy. In light of the federal NLC believes that local control is paramount
highway program’s responsibility for in transit decisions. NLC encourages the
creating these barriers, additional dedicated federal government to require a public transit
federal funding should be created to assist operator that accepts federal funding to
cities and towns in addressing these barriers cooperate with cities whose residents
and reuniting divided communities with contribute to the funding of the operator
pedestrian/cycling overpasses and concerning the location, operation, and
underpasses. maintenance of transit stops, routes and
facilities within those cities.
5.03 Public Transportation
D. Role of Federal Partnership
A. Support for Public Transportation NLC urges a continued federal role in public
Mobility is central to individual prosperity, as transportation policy, and strongly opposes
well as to commerce and to the growth of federal actions which would reduce or
communities. Public transportation can eliminate the federal commitment by turning
contribute to the viability of the nation’s back the transit program to states, eliminating
cities by helping to reduce congestion, funding eligibility for new fixed rail starts, or
protect the environment, stimulate economic phasing out operating assistance.
development and create employment The federal government should facilitate the
opportunities. Transit investment is in the use of uniform technology in the collection of
2020 Transportation and Infrastructure Services
180tolls on roads across jurisdictions and G. Procurement Requirements
transportation systems such as vehicle NLC supports federal procurement policies
mounted toll tags or passes and transit tickets that expedite the production and procurement
or passes. of transit vehicles. Alternative bidding
procedures which are better suited to present
E. Labor transit production conditions should be given
With regard to The Fair Labor Standards Act, due consideration. Additionally, NLC
the federal government should not make supports federal performance and equipment
determinations on “traditional and integral” standards that replace the present transit
functions of state and local government design specifications, and that give
without consulting local governments and manufacturers latitude in choosing an
documenting the fiscal impact on state and appropriate technology to meet a specific
local governments. technical objective.
F. Accessibility H. Innovative Transportation
Public transportation is an essential public Technologies and Demonstration
service that provides mobility for all people, Projects for a Seamless
including the disabled, elderly, and Transportation Network
economically disadvantaged, in all places Recognizing the nation’s dependency on a
and is not simply for those who can afford to single type of transportation fuel, which has
pay for the service. serious negative impacts on both the
environment and economy, and the need to
NLC supports federal performance standards explore other fuel sources and transportation
that indicate the level of handicapped- alternatives, NLC endorses the use of
accessible service that is to be provided innovative transportation technologies and
without specifying the means for achieving demonstration projects, such as Personal
the service levels. Decisions regarding the Rapid Transit or congestion pricing, that are
specific nature and level of service for specific to the needs and requirements of
citizens with special mobility needs should each city to further enhance mass transit and
be made at the local level, based upon locally transportation efficiency. These
identified needs, goals, and resources. transportation technologies should
complement and work with existing regional
Existing accessible services, where it is technologies to create a seamless, national
demonstrated that such services adequately transportation network.
serve the needs of those with mobility
impairments, should constitute local 5.04 Air Transportation
compliance with federal accessibility NLC advocates federal policy that provides
requirements. Under no circumstances adequate, predictable, and long-term funding
should the federal government impose for airport development projects which
additional accessibility requirements enhance system capacity and ensure aviation
(beyond the performance requirements) on safety.
existing fixed guideway systems, or require
existing bus fleets or rail systems to be However, NLC opposes attempts by the
retrofitted with accessibility equipment. federal government to mandate expansion of
federally-aided airport facilities, or to
otherwise limit the ability of local
2020 Transportation and Infrastructure Services
181governments to continue to determine the responsible for airport planning and
scope and type of airport facilities needed, or development.
the type of airport use restrictions, including
airport noise or airport access restrictions, 4. Off-Airport User Fees
imposed in their particular location. Local NLC opposes federal preemption of a local
airport operators and local governments must government’s ability to charge off-airport
have the authority to regulate airport use and user fees.
development in order to protect the public
health and safety of surrounding 5. Passenger Facilities Charges
communities, to enforce airport uses that are NLC supports local jurisdictions setting
appropriate to the airport’s capacity and to passenger facilities charges (PFCs), which
ensure that local transportation, give local airport authorities the flexibility to
environmental (including noise control) and address capacity and to implement major
economic needs are met. capital equipment upgrades, new
technologies, and operational costs. These
A. Funding fees should be raised with inflation in order
1. Airport Trust Fund to maintain their purchasing power to build
The user-generated Airport and Airway Trust and maintain modern airport facilities.
Fund should continue to be used to finance
airport development and improvements. B. Small Communities
Funds from aviation user fees and tax receipts Insufficient service and unreasonably high
should be appropriated and should not fares have left some small communities
accumulate unspent in the Trust Fund. without commercial air transportation
Aviation users should benefit from the service. To address these problems, NLC
aviation-related taxes they pay. recommends the following policies:
2. Federal Airport Improvement Program 1. Essential Air Service Programs
The federal Airport Improvement Program The federal government should maintain
(AIP) should continue to be disbursed to air current funding for the Essential Air Service
carrier airport sponsors through existing (EAS) program and NLC urges Congress to
funding mechanisms. Eligible airports should fully fund the EAS program.
be allowed to compete for discretionary
funds. To promote competition and ensure efficient
use of federal dollars, the USDOT should
NLC supports increased AIP flexibility, hold designated EAS air carriers to existing
including extending AIP eligibility to performance standards.
groundside improvement projects. However,
NLC opposes diversion of AIP funds for 2. Small Community Air Service
federally mandated security projects. Development Program
Projects funded through this program have
3. Block Grants to States the potential to identify a broad variety of
NLC strongly opposes proposals to options to expand and improve service in
restructure the airport grant program for small communities. NLC urges continued
small- and medium-sized airports into a state Congressional support of this program.
block grant program. Local governments and
airports sponsors must continue to be directly
2020 Transportation and Infrastructure Services
182C. Airport Noise and Pollution vulnerabilities, while considering effects on
The federal government must intensify its passenger convenience.
efforts to provide prompt relief to residents of
cities located close to airports from NLC strongly urges the federal government
unacceptable levels of aircraft noise and to ensure air travel safety through
aircraft pollution. (See clarifications at implementing the screening of commercial
EENR Section 2.09, Noise Control, and CED cargo on passenger planes, improving
Section 3.06, Land Use) passenger and airport employee screening
procedures, expanding traveler programs and
This should be tied to encouraging changes in improving terminal safety requirements.
local zoning regulations to restrict noise NLC also encourages Congress, or the U.S.
sensitive property development. Department of Homeland Security through
the regulatory process, to further strengthen
The Federal Aviation Administration should the “known-shipper” program by improving
require adherence to fly-quiet programs, procedures for monitoring and auditing
preferred runway usage, preferred flight “known-shippers” of cargo.
paths, and local curfews as established by
local governments and authorities. To develop an effective aviation security
policy, Congress must clearly define
NLC encourages the appropriation of funds responsibilities within the structure of the
to cities and towns that adjoin an airport but federal transportation program. The TSA,
do not operate the facility for compatible land FAA, state and local governments, and the
use and noise mitigation planning purposes. US DOT must develop a coordinated plan to
determine the level of authority each agency
D. Federal Role in Air Traffic Control and government entity controls in any
The federal government should provide situation.
funding for and ensure all airports are
participants in a national air navigation Since aviation security is a matter of national
system which provides for safe aircraft defense, any funds necessary to assure
operation such as the conversion of radar security must come from defense funding,
based guidance systems to GPS. not from additional fees levied on passengers.
Shippers could be subject to additional fees
E. Aviation Security for cargo screening. NLC opposes continued
A thorough assessment of the current and diversion of AIP and PFC funds for aviation
potential threat to the air transportation security measures. The federal government
industry is required. The Transportation must reimburse local governments for the
Security Administration (TSA), the FAA and expenses incurred from the mandated local
other aviation experts, in partnership with law enforcement presence at airports.
locally elected officials and law enforcement, Congress should also reimburse costs to
must work cooperatively and take immediate airports accrued from compliance with
action to ensure that the aviation security mandated security upgrades, including
system is capable of responding to specified installation and deployment of Explosive
threat levels. The public interest demands an Detection Systems.
aviation system capable of deploying a mix
of technology and procedures as a unified
system capable of countering all
2020 Transportation and Infrastructure Services
183F. Unmanned Aircraft Systems the expectation set in the Rail Passengers
Congress and the Federal Aviation Service Act of 1970 (RPSA) for reasonable
Administration must not preempt the cooperation between intercity passenger rail
authority of local governments to create and providers and railroad companies is upheld.
enforce regulations with regard to the use of Adjustments to existing passenger rail
Unmanned Aircraft Systems as it relates to providers and rail service should not be
land use, zoning, privacy trespass, and law subjected to unreasonable compensation
enforcement operations. requests or unjustifiable access delays. The
FRA should utilize its authority to achieve
The Federal Aviation Administration should the intent of the law.
establish a transit zone for privately owned
and commercially operated Unmanned Federal and state governments should require
Aviation Systems that is sufficiently high operator funded local rail safety programs to
enough above ground level that it prevents reduce safety hazards at railroad crossings
disturbances to landowners, while also through rail relocation, sealed quiet zones,
protecting navigable airspace. grade separation, or by other means. To
increase traffic safety at crossings, stricter
5.05 Rail penalties for rail crossing violations should
be imposed.
A. Rail Principles
1. Local Role in the Nation’s Rail Planning NLC supports the implementation of positive
Program train control (PTC) systems as an essential
The federal government should require states safety measure on passenger rail lines to limit
to involve local governments in state rail incidents caused by human error.
planning efforts required under federal law to
ensure that local needs and objectives are 5. Operations and Maintenance
satisfied. Continued maintenance is the individual
responsibility of the rail owner. NLC urges
2. Financing the federal government to readdress rail track
NLC supports investment in the nation’s rail standards for dual freight and intercity
infrastructure and encourages the federal passenger rail uses through appropriate rail
government to enact policies and programs improvements.
that would expand public and private
investment in both passenger and freight rail NLC further urges the federal government to
mobility. redefine the responsibility for funding
mechanisms to maintain tracks that carry
3. Rail Safety both freight and intercity passenger rail
NLC urges the federal government to traffic.
promote safe and efficient passenger and
freight rail transportation and to seek creative 6. Environmental Impacts
solutions. Federal law regulating railroad activity
should not preempt local, state, or federal
4. Ensure Adjustments Do Not Jeopardize environmental review and requirements for
Passenger Services permitting and mitigation of railroad
NLC urges Congress and the Federal activities. The environmental impacts of
Railroad Administration (FRA) to ensure that railway activities and facilities, including
2020 Transportation and Infrastructure Services
184pollution, poor air quality, land use, feasibility and with local consent. NLC urges
vibration, light pollution, and noise, should Congress to support creation of new high-
not be exempt from local environmental, speed rail.
public health, safety, or welfare-based
regulations. 3. Funding Options for Amtrak and High-
Railroads should be subject to light pollution Speed Rail
and noise constraints. Rail yard lighting NLC supports the development of a long-
standards and types need to be established term funding mechanism for infrastructure
that minimize lighting impact on neighboring acquisitions, improvements, and rights-of-
communities. There is a need for uniformity way and operating costs. In addition to
among the different federal agencies in their appropriations, options include:
policies governing acceptable noise levels. • Increasing the federal funding sources
(See also EENR Section 2.08, Railroad Noise specifically for passenger rail;
Policies) • Directing the diesel fuel tax currently
levied for rail operations and deposited
B. Passenger Rail into the general fund be moved into a
NLC urges Congress and the Administration newly created Trust Fund for rail
to develop a long-range vision and fund for improvements;
passenger rail in the United States. Amtrak, • Allowing state, regional and local
in cooperation with state and local government entities the option to spend a
transportation officials, citizen groups, and portion of their federal transportation
other stakeholders, must develop such a plan allocation on intercity rail; and
as expeditiously as possible. National • Allowing federal and state governments
passenger rail plans should include acquiring to issue tax-exempt or tax-credit bonds
and improving rail lines that would otherwise for financing rail improvements.
be abandoned. NLC urges the
Administration to prioritize the safety review C. Freight Railroads
and approval of the use of information 1. Freight Rail Service
technology and crashworthy vehicles, such as Congress and the public and private sectors
passenger rail cars on low speed urban dual must cooperate to ensure and provide for the
use passenger and freight lines. efficient movement of freight, especially
with regards to the relocation of rail lines and
NLC recommends the following: increased rail traffic within metropolitan
1. Amtrak’s Self Sufficiency Requirement areas, which could constitute a safety hazard
NLC urges repeal of Amtrak’s statutory self- and disrupt municipal functions.
sufficiency requirement, since no known
passenger rail system operates without 2. Freight Rail Safety
government subsidies. NLC urges Congress to review the following
freight rail safety issues:
2. Development of and Access to a High- • The hazard of reduced crews or lack of
Speed Rail Network current safety technology use undermines
NLC supports the investment in high-speed the safe and efficient movement of trains
rail development as an important part of our and takes away the trained first responder
national transportation network. Networks at rail incidents and accidents. This action
should be developed only after detailed leaves no other person to monitor quickly
analysis of their operational and financial changing circumstances or affirm,
2020 Transportation and Infrastructure Services
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