Navigating MAP 21 Securing Federal Funding for Community Walking & Biking Projects
Presenters Dave Tyahla NRPA Christopher Douwes Federal Highway Administration Margo Pedroso Safe Routes to School National Partnership
Funding Levels Similar funding levels to the Transportation Enhancement Activities under SAFETEA LU: FY 2013: $808,760,000 FY 2014: $819,900,000 Total TAP funding is 2% of MAP 21 highway funding. Funded via set aside from each State s formula programs.
Funding structure Steps in the TAP suballocation process: 1. States receive an apportionment of TAP funds. 2. Funds are set aside for the Recreational Trails Program at FY 2009 levels ($84.16 m) (unless the State opts out). 3. Of the remaining funds: 50% are suballocated by population (large urbanized areas, other urban areas, rural areas). 50% are available for any area of the State.
TAP Eligible activities Transportation Alternatives (TA) as defined: Construction, planning, and design of facilities for pedestrians, bicyclists,... compliance with Americans with Disabilities Act. safe routes for non drivers to access daily needs. Conversion and use of abandoned railroad corridors for trails Construction of turnouts, overlooks, and viewing areas.
TAP Eligible Activities (continued) TA as defined (continued) Community improvement activities, including inventory, control, or removal of outdoor advertising; historic preservation and rehabilitation of historic transportation facilities; vegetation management practices archaeological activities relating to impacts from implementation of a transportation project eligible under this title.
TAP Eligible Activities (continued) TA as defined (continued) Any environmental mitigation activity address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff ; or reduce vehicle caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.
TAP Eligible Activities (continued) The Recreational Trails Program under section 206. Safe Routes to School under section 1404 of the SAFETEA LU. Planning, designing, or constructing boulevards and other roadways largely in the right of way of former Interstate System routes or other divided highways.
TE Activities No Longer Eligible Safety and educational activities for pedestrians and bicycles. Acquisition of scenic easements and scenic or historic sites. Scenic or historic highway programs (including visitor and welcome centers). Historic preservation as an independent activity unrelated to historic transportation facilities. Operation of historic transportation facilities. Archaeological planning and research undertaken for proactive planning. This category now must be used only as mitigation for highway projects. Transportation museums.
Safe Routes to School Eligibility Safe Routes to School (SRTS): No setaside funding for SRTS. All eligibilities remain. Allocation of funds for Infrastructure and Noninfrastructure activities do not apply (because there is no apportionment). Option to have a State SRTS coordinator, not required. No National Clearinghouse requirement or funds.
Recreational Trails Program Eligibility Recreational Trails Program (RTP): RTP usually administered by a State resource agency. Funds set aside from TAP (prior to suballocation), unless the State opts out. 1% returned to FHWA for administration. All other RTP provisions and requirements remain the same. States can opt out of the RTP. If so: Funds remain as TAP funds (prior to suballocation). The State does not return 1 percent to FHWA administration. The State cannot use funds for State RTP administrative costs. The State may use TAP funds for trails projects, but using TAP requirements (must treat projects as highway projects). Recreational trails projects also are eligible under STP.
Competitive Processes States and MPOs Shall develop a competitive process to allow eligible entities to submit projects for funding States and MPOs develop their own competitive processes.
Eligible Project Sponsors Local governments; Regional transportation authorities; Transit agencies; Natural resource or public land agencies; School districts, local education agencies, or schools; Tribal governments; and Any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection. RTP setaside keeps its list of eligible project sponsors.
Transferability of Funds States may transfer the any area TAP funds to other apportioned programs. Funds from other apportioned programs may be transferred into TAP but TAP projects are broadly eligible under STP, so a transfer is not necessary to use STP funds. In the second fiscal year of MAP 21, unobligated balances of over 100% can be used for any TAPeligible activity or any CMAQ activity.
Treatment of Projects TAP projects shall be treated as projects on a Federalaid highway TAP projects must comply with applicable provisions in Title 23, such as project agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis Bacon), competitive bidding, and other contracting requirements, even for projects not located within the right of way of a Federal aid highway. Does not apply to projects conducted under the Recreational Trails Program setaside. MAP 21 1524 Youth Corps provision offers flexibility.
Youth Service and Conservation Corps MAP-21 1524: Use of Youth Service or Conservation Corps Defines qualified youth service or conservation corps. Requires the USDOT/FHWA to " encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps to perform appropriate projects Living allowance or rate of pay (account for prevailing wage rates). Exempts contracts and cooperative agreements with Corps from highway program contracting requirements: allows Sole Source. 1524 supersedes TAP Treatment of Projects requirement. 1524 applies at the project level, not the program level.
Contact FHWA MAP 21 Website: www.fhwa.dot.gov/map21/. FHWA Office of Human Environment Christopher Douwes Christopher.Douwes@dot.gov 202 366 5013 Gabe Rousseau Gabe.Rousseau@dot.gov 202 366 8044
MAP-21 TRANSPORTATION LAW UNDERSTANDING CHANGES TO BIKE/PED FUNDING AND OPPORTUNITIES FOR STATE ACTION Margo Pedroso Deputy Director Safe Routes to School National Partnership
MAP-21 CHANGES TO BIKE/PED FUNDING Consolidates 3 separate programs into new Transportation Alternatives program Funding is no longer dedicated; includes several new and expensive eligibilities like environmental mitigation Significant cut in funding from $1.2B to $808M; state cuts range from 18-51% Allows states to transfer half of funding out; can also transfer funding in Requires competitive process to award funds State DOTs and large MPOs are decision-makers Now requires a 20% match for SRTS projects
HOW TRANSPORTATION ALTERNATIVES WORKS State s TA allocation Minus: Recreational Trails (FY09 level) *unless Governor opts out Half goes to Population pot Distributed by population share Large MPOs (200k or up) get a share to distribute by regional competition With remainder, state runs a competition to fund projects in rural areas (5k or less) and mid sized areas (5k 200k) Half goes to Unrestricted pot Distributed by state competition Variety of local entities eligible; state DOT not eligible States can transfer all this money away to roads States can also use road funds to transfer into this pot
EXAMPLE: TRANSPORTATION ALTERNATIVES IN OREGON Category Total TA funding for Oregon TA after Rec Trails setaside Pot 1 Population Portland (39% population) Amount $8.96M $7.6M $3.8M $1.4M Salem (6% population) $227K Eugene (6.5% population) $238K Rest of state Pot 2 Unrestricted (could be transferred out) $1.9M $3.8M
STATE CAMPAIGNS TO INFLUENCE DECISIONS We have engaged state coalitions on Transportation Alternatives and other funding streams Asking states: Not to transfer funding out Where possible, to transfer money in to supplement bike/ped funding Preserve good competitive processes, including standalone Safe Routes to School program where possible Retain state DOT bike/ped and SRTS staff Some states likely to preserve commitments to bike/ped; others looking to decimate funding Implementation is slow as final guidance is not yet out
WHO CAN YOU CHECK IN WITH? State TA campaign leads http://www.bit.ly/map21stateleads Capacity varies widely from state to state The ask varies from state to state Safe Routes to School National Partnership staff (can t lobby) State networks in CA, FL, MS, NC, NJ, OH, TN http://www.saferoutespartnership.org/state/network Regional networks in Atlanta, Denver, DC, Los Angeles and San Francisco http://www.saferoutespartnership.org/local/rnp
EXAMPLES OF CAMPAIGN RESULTS Washington: Will retain a standalone SRTS program using a portion of funding from the HSIP safety program When DOT was not supportive, advocates petitioned Governor Florida: Committed to retain a standalone SRTS program at current funding levels Will also use state toll revenues as matching funds for SRTS North Carolina: Hiring 10 regional SRTS staff to work directly with schools to increase utilization of SRTS funds Committed to retain SRTS for at least 3 more years
ANOTHER OPTION: STATE REVENUE LEGISLATION Hawaii HB2626 (passed in 2012) $25 surcharge on traffic violations in school zones directed to county SRTS program coordinators Bypasses state DOT as it has been slow on SRTS California AB1194 Governor s budget would eliminate standalone SRTS program and reducing funding for bike/ped Advocates now turning to legislature; legislation introduced to retain SRTS at current funding level Minnesota SF1439/HF1429 (2012) Created a state Safe Routes to School program Advocates trying again in 2013 for funding
WHAT CAN YOU DO AT HOME? Get involved with state MAP-21 and legislative campaigns Inform and involve local leaders (mayors, councilmembers) too Get to know your large MPOs New decision-making authority on funding Get them out to see your facilities and help them understand the importance of park access Get to know your local bike/srts groups and see if you can partner on funding proposals Safe Routes for Non-Drivers is now eligible could include park access
WHAT IS THE MESSAGE FOR THE HILL? Bicycling and walking is good for communities Generally small dollar projects, so the bike/ped funding can go further than traditional transportation projects Has a direct impact on state s people: mobility, safety, health The safety and health of children is of paramount concern Can aid with economic development tourism dollars, business revenue, property taxes Popular with local governments and citizens
WHAT IS THE MESSAGE FOR THE HILL? Come see our facilities and how important bike/ped access to parks is You want them to see first-hand the challenges and solutions It s also about building those relationships with Members of Congress It s too soon to tell the impact of the Transportation Alternatives changes We re working with our states and MPOs on implementation and are hopeful about process We remain concerned about the funding cuts But we will be back with recommendations for the next bill once we know more
FOR MORE INFORMATION: Margo Pedroso, Safe Routes to School National Partnership margo@saferoutespartnership.org www.saferoutespartnership.org
Thank You Questions? NOTE: Presentation will be available on line This Week