***NIB NEG – case***

***Top-level problem/solution***

MAP-21 – sq solves 1/3

Status Quo solves- MAP-21 creates safer more efficient transportation

Federal Highway Administration, 12, (Moving Ahead for Progress in the 21st Century Act (MAP-21) A Summary of Highway Provisions http://www.fhwa.dot.gov/map21/summaryinfo.cfm)

Setting the course for transportation investment in highways, MAP-21 – Strengthens America’s highways MAP-21 expands the National Highway System (NHS) to incorporate principal arterials not previously included. Investment targets the enhanced NHS, with more than half of highway funding going to the new program devoted to preserving and improving the most important highways -- the National Highway Performance Program. Establishes a performance-based program. Under MAP-21, performance management will transform Federal highway programs and provide a means to more efficient investment of Federal transportation funds by focusing on national transportation goals, increasing the accountability and transparency of the Federal highway programs, and improving transportation investment decisionmaking through performance-based planning and programming. Creates jobs and supports economic growth MAP-21 authorizes $82 billion in Federal funding for FYs 2013 and 2014 for road, bridge, bicycling, and walking improvements. In addition, MAP-21enhances innovative financing and encourages private sector investment through a substantial increase in funding for the TIFIA program. It alsoincludes a number of provisions designed to improve freight movement in support of national goals. Supports the Department of Transportation’s (DOT) aggressive safety agenda MAP-21 continues the successful Highway Safety Improvement Program, doubling funding for infrastructure safety, strengthening the linkage among modal safety programs, and creating a positive agenda to make significant progress in reducing highway fatalities. It also continues to build on other aggressive safety efforts, including the Department’s fight against distracted driving and its push to improve transit and motor carrier safety. Streamlines Federal highway transportation programs. The complex array of existing programs is simplified, substantially consolidating the program structure into a smaller number of broader core programs. Many smaller programs are eliminated, including most discretionary programs, with the eligibilities generally continuing under core programs. Accelerates project delivery and promotes innovation. MAP-21 incorporates a host of changes aimed at ensuring the timely delivery of transportation projects. Changes will improve innovation and efficiency in the development of projects, through the planning and environmental review process, to project delivery.

MAP-21 – sq solves 2/3

Transportation Infrastructure is getting fixed now with MAP-21

CDR, 12 (Transportation Reform Bill Signed into Law, http://www.cdrecycler.com/transportation-bill-reform-passage.aspx)

Highlights of the measure’s transportation program reforms include: Streamlining the Project Delivery Process – Completing a major highway project can take 15 years, but only a fraction of that time involves actual construction. While projects navigate the approval process, construction costs escalate. This measure streamlines the project approval process, adding much needed common sense and efficiency. Specifically, the measure: Sets Deadlines: For slow-moving projects, the Secretary must set deadlines to make sure all approvals occur within 4 years, or agencies lose funding through an automatic rescission. Sets NEPA Funding Threshold: Mandates a rulemaking to classify projects with a small amount of federal funding ($5 million) as a categorical exclusion. Expedites Projects in the Right of Way: Mandates a rulemaking for classifying projects within an existing “operational right of way” as a categorical exclusion. Expedites Projects Destroyed by Disaster: Mandates a rulemaking to classify projects being rebuilt after a disaster as a categorical exclusion. State Law Standing in for Federal Law: Requires a study on which state laws provide the same level of protection as federal law. Program Reform & Consolidation – Since the creation of the Highway Trust Fund and the core highway and bridge programs, numerous additional federal programs have been created, diluting the focus of the Trust Fund. Currently there are more than 100 programs. In the last four years, $35 billion in general fund transfers have been necessary to maintain Highway Trust Fund solvency. The measure also consolidates and eliminates programs, and better focuses limited gas tax revenues on critical needs: Consolidates the number of surface transportation programs by two-thirds. Eliminates dozens of programs and makes more resources available with flexibility to states and metropolitan areas. Lowers total transportation enhancements program funding by $200 million and gives states the flexibility to use 50 percent of this money on construction projects. Incentivizes, rather than penalizes, states to partner with the private sector to finance and operate transportation projects. No Earmarks – While the previous surface transportation law contained more than 6,300 earmarks, this is the first surface transportation bill in decades that does not contain any earmarks. The Associated General Contractors of America (AGC) says it is grateful to the efforts its members made in responding to the association’s legislative alerts and contacting local senators and representatives at key points in the legislative process. AGC provides a summary of Provisions in MAP-21 that Impact the highway and transportation construction industry included below: Funding Provides funding certainty through fiscal year (FY) 2014 (Sept. 30, 2014) The bill provides current funding levels plus inflation. Obligation limit for the federal-aid highway program is $39.7 billion in FY 2013 and $40.25 billion in FY 2014. Federal transit programs are provided $10.6 billion in FY2013 and $10.7 billion in FY 2014. Funding Distribution Eliminates equity bonus program and, instead, distributes highway formula funds to states based on each state’s share of total highway funds distributed in FY 2012. Every state is guaranteed a minimum return of 95 percent of its payments into the HTF. Financing/Supplemental Revenue Increases funding for and expands the Transportation Infrastructure Finance & Innovation Act (TIFIA) program. Increases available TIFIA resources from $122 million per year ($244 million total for two years) to $1.75 billion for this two year period – an amount more than 14 times larger than previous amounts. Enables TIFIA loans to be applied to related groups of projects, rather than a single project. Allows TIFIA to pay for a larger share of project costs (increased from 33 percent to 49 percent) Expands opportunities for rural projects Does not penalize states pursuing public-private partnerships (PPPs) involving leasing of road facilities to private companies. New capacity can be tolled on all existing federal-aid (road, bridge) facilities (this eliminates the cap on slots in the interstate tolling and value pricing pilot programs). No existing untolled lanes can be tolled, and there have to be as many toll-free lanes as tolled lanes on the facility. Supports PPPs for public transportation projects, requiring FTA to provide technical assistance and best practice information to federal transit grant recipients on PPP models and methods to use private providers for public transit. Consolidation of Federal Highway Programs Reduces the number of highway programs by two-thirds Four “core” programs are: National Highway Performance Program – to improve condition and performance of the National Highway System (NHS). Consolidation of NHS and IM, and aspects of the Bridge program. Surface Transportation Program – with broad eligibility for any public road suballocated to local governments based on population. Can also be used for bridges off of the federal-aid system. Highway Safety Improvement Program – for road infrastructure safety, Includes a set-aside for rail grade crossings. Congestion Mitigation and Air Quality Program Transportation Enhancements Renames enhancements as transportation alternatives and lifts the requirement that a state must spend 10 percent of their Surface Transportation Program funding for these types of projects. Sets aside 2 percent of


MAP-21 – sq solves 3/3

CDR ’12 cont’d

each state’s apportionments to be used on eligible transportation alternative projects Transportation alternative funding will be split, with 50 percent provided to local governments and 50 percent to states States cannot opt out of the transportation alternative set-aside entirely and use funds for transportation improvements Freight Provides incentives for states to create freight plans If a project is on the state freight plan, the federal share would go from 80 percent to 90 percent for non-Interstate projects on the plan, and from 90 to 95 percent for projects on the Interstate system, in order to give states incentives to prioritize freight mobility projects. Does not create a separate category or program for freight with formula funding. Establishes a national freight policy and requires development of a national freight strategic plan and designation of a primary freight network. Authorizes a Projects of Regional and National Significance program (general funded, requires appropriations). Performance Measures Integrates performance measures for Metropolitan Planning Organizations and States that will be developed with the U.S. Department of Transportation (DOT) to assess the condition of the facilities and operation of roads and bridges and establish performance targets. Environmental Streamlining Contains significant reforms in the environmental review and planning process designed to reduce project delivery time and costs, including: Expands the number and types of projects that can be excluded from the federal environmental review process. Encourages early coordination between relevant agencies to avoid delays later in the review process and directs DOT to develop specific review deadlines. Designates the U.S. DOT as the lead agency for the review and approval of transportation projects. DOT to encourage deadlines for actions by other federal agencies. Allows for programmatic decisions instead of project by project decisions. Limits federal National Environmental Policy Act review requirements for projects that are less than $5 million or where Federal funds are less than 15 percent of the project costing more than $30 million. Expands the category of projects that are automatically excluded from the federal environmental review process, including emergency projects, many maintenance projects and reconstruction projects. Provides expedited procedures for approval of projects with minimal environmental impact. Allows for the purchase of right-of-way and for design to begin prior to final environmental clearance. Project Delivery Allows states to use the Construction Management General Contracting (CMGC). CMGC uses a two-step procurement process where the CMGC is selected using price and best value. Creates incentives for states to use innovative contracting practices and use of new technologies. Work Zone Safety Calls for the use of positive barriers where workers are exposed to high-volume, high-speed traffic and calls for unit price bidding in most cases. Buy America Applies Buy America requirements to any project and project segments that are funded in part with Federal funds. Clean Construction For states with PM 2.5 non-attainment areas, requires that 25 percent of state’s Construction Mitigation & Air Quality Improvement funds be used for projects in those areas that reduce PM. Projects can include diesel retrofit programs for on and off-road diesel powered equipment operating on a highway construction project in the non-attainment area. Passenger Rail Does not include the Senate provision creating a new regulatory regime within the Surface Transportation Board that had the potential to stifle the growing passenger rail market.

MAP-21 – sq solves ppp

Status Quo solves- MAP-21 promotes PPP

Kessler, Lane, 12 (Fredric W. ,Mari R., MAP-21: Treatment of Public-Private Partnerships Under Surface Transportation Reauthorization, http://www.nossaman.com/MAP_21_PPP)

Private Sector Participation. MAP-21 requires the Secretary to develop policies and procedures to (1) promote public understanding of the role of private investment in public transportation projects and (2) better coordinate the public and private sectors with respect to public transportation services. To that end, the bill further requires the Secretary to identify impediments to the greater use of public-private partnerships and to address them by developing and implementing procedures similar to those used in FHWA's "SEP-15" process. The SEP-15 process allows the Secretary to waive statutory and regulatory requirements on a case by case basis in order to increase project delivery flexibility and promote public-private partnerships.

Best Practices and Model Contracts. The bill attempts to improve the use and effectiveness of public-private partnerships by directing the Secretary to develop best practices and "standard public-private partnership transaction model contracts" for the "most popular" types of PPPs for the development, financing, construction and operation of transportation facilities. States are encouraged to use those model contracts as a base template. The bill also requires the Secretary to provide technical assistance on public-private partnership practices and methods upon request of the federal-aid recipient. It remains to be seen whether the considerable differences in state law that directly affect the type, structure, terms and provisions of public-private partnership agreements will render such standard agreements less useful than envisioned. There is some concern that these provisions may presage a greater future federal regulatory role over public-private partnerships. State and local government sponsors of PPP projects will need to be vigilant for any signs of such intrusion, and persistently advocate for a supportive vs. regulatory federal role.

MAP-21 – solves ports

Status Quo solves- MAP-21 creates better more efficient ports and trade

Dredging Today, 12,( America’s Seaports Recognized in MAP-21 Surface Transportation Bill Reauthorization, http://www.dredgingtoday.com/2012/07/02/americas-seaports-recognized-in-map-21-surface-transportation-bill-reauthorization )

Among the provisions in the bill of most interest to ports and the freight community is establishment of a National Freight Policy that includes development of a National Freight Strategic Plan. The National Freight Strategic Plan, along with state freight plans and advisory committees, will enable freight projects that improve cargo movement, reduce congestion, increase productivity and improve the safety, security and resilience of freight transportation. Among the types of projects being addressed are freight intermodal connectors, railway/highway grade separations and geometric improvements to interchanges and ramps – all of which are often sought by the seaport industry. Also, by continuing the Projects of National and Regional Significance (PNRS) program, the bill authorizes funds for large, multimodal projects that bolster freight mobility in locations that generate national or regional economic benefits. AAPA has supported this program since its inception. For the first time in a surface transportation bill, Congress acknowledges the need for and economic importance of maintaining federal navigation channels to their constructed dimensions. This legislation points out the disparity between the money collected from shippers through the federal Harbor Maintenance Tax (HMT) and the funds requested and appropriated for the purpose of maintaining America’s federal navigation channels. In “Sense of Congress” language, the bill acknowledges the shortfall in spending for federal channel maintenance and calls on the administration to request full funding consistent with revenue collected from harbor users for the purpose of maintenance dredging and associated projects.