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Surface Transportation Authorization


The 2005 "Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users" (SAFETEA-LU), approved by Congress and signed by the President in August 2005, authorized $286.5 billion in federal investment for the highway, public transportation and highway safety programs from fiscal years (FY) 2004-09. The law expired on September 30, 2009. Currently, the program has been extended until December 31, 2010. This action was taken to enable Congress to continue consideration of a long-term surface transportation authorization bill or a further extension of existing programs.

On June 24, 2009, the House T&I Subcommittee on Highways and Transit marked up their version of the Surface Transportation Authorization Act of 2009 which would reauthorize SAFETEA-LU. This bill would provide $500 billion in total transportation funding, with nearly $100 billion for public transportation and $50 billion for high-speed rail. In addition, the bill includes the following provisions of interest:

  • Consolidates or terminates more than 75 programs, including a two year phase out of Section 130 funding for railroad highway grade crossings. The blueprint notes that states had obligated only "half of their highway-rail grade crossing funding," as of the end of FY 2008. It also cites a GAO report finding that "the rail-highway crossing set-aside program does not target a key safety priority of some states and provides significant funding to some crossing areas that have relatively few fatalities."
  • Consolidates the projects of national and regional significance program, the national corridor program and the coordinated border infrastructure program into one discretionary program to include freight rail eligibility. Provides predictable funding through a multi-year full funding grant agreement. USDOT Secretary will conduct a national solicitation for project applications.
  • Creates a National Infrastructure Bank under the U.S. Treasury Department. In addition, funding assistance for projects of national significance and for high speed rail would be provided through the bank.
  • Establishes a Freight Improvement Program that will provide formula funding for freight highway projects, either on the national highway system or secondary freight routes.
  • Continues the RRIF loan program and specifically authorizes direct loans to state and local governments and railroad carriers for installing positive train control systems.
  • Reauthorizes the Rail Line Relocation Program.
  • Reauthorizes the capital grants program for Class II and Class III railroads.
  • Requires a study to determine the optimum separation requirements between locomotives and hazmat cars and directs DOT to develop regulations based on the results of the study.
  • Directs the Secretary to undertake a report on the conditions and performance of the freight and intercity passenger rail system every four years, beginning with an initial report due on December 31, 2010.
  • Establishes an Office of Intermodalism that will be required, among other responsibilities, to develop a National Transportation Strategic Plan. This office will also convene a Council on Intermodalism comprised of the various modal administrators.
  • Does not address current truck size and weight limits.

View House T&I Committee Surface Transportation Authorization Act of 2009

The Senate has not yet introduced its version of a Surface Transportation Authorization bill. Additional legislation that has been introduced to address truck size and weights and grade crossing safety issues within a Surface Transportation Bill:

Truck Size & Weights

Truck size and weight limits on federal highways have been frozen by Congress since 1991. Under current law, trucks operating on most of the U.S. Interstate Highway System can have a gross vehicle weight of no more than 80,000 pounds. Attempts to thaw the federal freeze have been rejected by Congress. The freight railroads and the trucking industry have agreed to oppose changes in federal law regarding truck size and weight through September 2009, the period when SAFETEA-LU is in effect. Some within the trucking industry have indicated that they will seek lifting existing TS & W limits when SAFETEA-LU is reauthorized.

The Safe Highways and Infrastructure Preservation Act
House Bill 1618 (H.R. 1618) and Senate Bill 779 (S.779) would extend the present freeze on longer and heavier combination vehicles from the Interstate Highway System to the entire National Highway System. H.R. 1618 was referred to the House Committee on Transportation & Infrastructure where it is pending consideration. Its companion bill, S. 779, was referred to the Senate Committee on Environment & Public Works where it is also pending consideration.

RSI POSITION: RSI supports the Coalition Against Bigger Trucks and is opposed to any increases in truck sizes and weights.

Grade Crossing Safety

Since 1973 Congress has provided dedicated funding for states to implement safety improvement projects at highway-rail grade crossings. Such improvements include flashing lights, gates, or other warning devices, and upgraded surfacing material. This funding has been a part of every surface transportation act since 1973 and, at the urging of RSI, was continued in SAFETEA-LU at $220 million per fiscal year. SAFETEA-LU also provided funding for Operation Lifesaver, Inc., the national nonprofit organization dedicated to educating the public on the dangers of highway-rail grade crossings.

Surface Transportation Safety Act
House Bill 2125 (H.R. 2125) and Senate Bill 791 (S. 791) would extend the longstanding and successful Section 130 highway rail grade crossing program and enhance project prioritization requirements. Currently, Section 130 authorizes $220 million per year for the installation of new active warning devices, upgrading existing devices, and replacing or improving grade crossing surfaces. Without a budgetary set-aside like the Section 130 program, grade crossing needs would fare poorly in competition with more traditional highway needs (such as highway construction and maintenance). One of the primary reasons the Section 130 program was created in the first place was that highway safety, especially grade crossing safetty, traditionally received low funding priority. If incorporated in the next federal-aid highway authorization legislation (SAFETEA-LU reauthorization), the provisions of H.R. 2125 would solidify the nation's highway safety gains and prevent the Section 130 from disappearing.

H.R. 2125 was referred to the House Committee on Transportation & Infrastructure where it is pending consideration. Its companion bill, S. 791, was referred to the Senate Committee on Environment & Public Works where it is also pending consideration.

View example letter to your Member of Congress in support of the Section 130 program.

RSI POSITION: RSI supports continued dedicated funding for grade crossing safety projects and works closely with states to ensure that they obligate all of the available funding for this purpose. RSI also works closely with and supports the activities of Operation Lifesaver .

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