Offices: NCSL Headquarters, 7700 East First Place, Denver, CO 80230 State-Federal Relations, 444 N. Capitol Street, NW, Suite 515, Washington, DC 20001

Reauthorization Proposals Take

Center Stage

Two proposals to reauthorize federal

surface transportation programs and

funding are now on the table. Without

Congressional action, the current Moving

Ahead for Progress in the 21st Century Act

(MAP-21) will expire on Sept. 30, 2014.

On April 29, the U.S. Department of

Transportation (U.S. DOT) unveiled its

GROW AMERICA Act, which would provide

a total of $302 billion for surface

transportation over four years. The bill

would significantly increase funding for

The GROW AMERICA Act would give federal transportation funding a more multimodal focus. Image: U.S. DOT.

highways, transit and the TIGER

discretionary grant program and expand the

federal Highway Trust Fund into a

multimodal

Federal News and Trends . 12

MAP-21 Working Group ........ 2

Century Council Renamed ..... 3

Self-Driving Cars ..................... 3

N.H. Raises Gas Tax ................ 4

NCSL Legislative Summit ...... 4

Bans on Direct Sales ................ 4

Upcoming PPP Events ............ 5

New NCSL Resources ............. 5

Other New Reports ................. 6

IN THIS ISSUE:

TRANSPORT REPORT

April/May 2014 Volume 5: Issue 4

News, Trends and Analysis Provided by NCSL’s Transportation Programs

FEDERAL TRANSPORTATION

NEWS AND TRENDS

Ben Husch

State-Federal Relations

NCSL-D.C.

202-624-7779

ben.husch@ncsl.org

Jaime Rall

Transportation Program

NCSL-Denver

303-856-1417

jaime.rall@ncsl.org

NCSL CONTACTS:

multimodal Transportation Trust fund that

also supports rail and freight. To ensure

the ongoing solvency of the Highway Trust

Fund, which is forecast to run out later this

summer, the plan would supplement

current revenues with $150 billion from

“pro-growth tax reform.” Two provisions of

particular interest to states include

removing restrictions so that states could

collect tolls on interstates to support

highway maintenance, and raising the limit

on tax-exempt private activity bonds

issued for highway or surface freight

transfer facilities by $4 billion. For details,

see the U.S. DOT’s fact sheets or section-

by-section summary. The bill is based on

the president’s FY 2015 Budget Proposal

and has been sent to Congress for

consideration.

The second proposal came on May 12,

when the Senate Environment and Public

Works Committee unveiled its bipartisan

MAP-21 Reauthorization Act (S. 2322).

The six-year bill would reauthorize many

core programs in MAP-21 and gradually

increase funding from $38.4 billion in

critical

2

NCSL at Work for You

Year-in and year-out, NCSL advocates for the

interests of states and state legislatures.

Since 2013, NCSL has sent numerous letters

to Congress regarding the proposed Water

Resources Development Act (WRDA). We are

tracking this closely as Congress approaches

the conclusion of its conference negotiations.

Reauthorization (cont. from p. 1)

FY 2015 to $42.59 billion by FY 2020. Of

interest to states are the authorization of a

$400 million per year competitive grant

program to fund projects of regional and

national significance (similar to the current

TIGER grant program) and a new American

Transportation Awards Program with the

authority to provide $125 million per year to

states that display achievements in project

delivery. The bill would also authorize and

fund a national freight program and, like the

U.S. DOT bill, re-authorize the popular TIFIA

federal credit assistance program at its

current level of $1 billion per year. Titles on

transit (Banking Committee), highway safety

(Commerce, Science and Transportation

Committee) and funding (Finance

Committee) are still in development.

New Rail Rules a-Comin'

As part of the U.S. DOT’s ongoing response

to recent oil train derailments, the agency

plans to release a comprehensive

rulemaking package with options for

enhancing rail tank car standards. The

Federal Railroad Administration also intends

to issue a proposed rule requiring two-

person crews on crude oil trains and a

minimum crew size for most mainline freight

and passenger rail operations. Some of

these actions were prompted by Canadian

Transport Minister Lisa Raitt’s recent

announcement that Canada will now require

certain railcars to be phased out or refitted

within three years, prompted by a tragic

derailment in Lac-Mégantic in 2013.

Is That a Camera on My Car?

A new National Highway Traffic Safety

Administration rule will require all new

vehicles under 10,000 lbs. to have rear

visibility technology by May 2018.

Committee OKs Tax Extenders

On April 3, the Senate Finance Committee

approved the Expiring Provisions

Improvement Reform and Efficiency

(EXPIRE) Act. Known as “tax extenders,”

the bill would reauthorize a number of tax

breaks that expired at the end of 2013,

including some that promote alternative

fuels and support transit commuting. The full

Senate will take up the bill this spring.

WRDA on Tap for May?

The U.S. Army Corps of Engineers has

approved a Nevada flood control project,

likely removing one of the last obstacles to

reauthorizing the Water Resources

Development Act (WRDA). The U.S. House

and Senate both approved versions in 2013

and began conference negotiations last fall.

If approved, WRDA will provide billions in

funding for water infrastructure projects.

Federal News and Trends (cont. from p. 1)

Join NCSL’s MAP-21 Working Group!

Reauthorization of the federal Moving Ahead for Progress in the 21st Century Act (MAP-21), due to expire on Sept. 30, 2014, is a top priority for Congress this year. MAP-21 and its successor are critical to states, providing billions in federal funding each year for transportation infrastructure. To keep NCSL members informed and involved, NCSL’s Natural Resources and Infrastructure (NRI) Committee has put together a MAP-21 Working Group. Our next call is in mid-May! If you are a state legislator or legislative staff member interested in joining the working group, please contact NCSL’s Ben Husch.

3

Just in time for Alcohol Awareness Month

in April, the Century Council officially

unveiled its new name, the Foundation for

Advancing Alcohol Responsibility (FAAR).

Since its founding in 1991, the group has

supported a number of policies and

programs to reduce drunken driving

fatalities, including revoking administrative

licenses, adhering to a zero tolerance

standard for drunken drivers under age 21,

and enforcing tougher penalties for refusing

a DUI test. “Our mission to lead the fight

against drunk

driving and

underage

drinking is

stronger than

ever,” said

Ralph Blackman, president and CEO of the

newly named FAAR. You can follow FAAR

on Twitter, Facebook and Instagram. To

learn more about drunken driving, visit

NCSL’s Drunken/Impaired Driving page.

California, Florida, Michigan and Nevada

have enacted laws to allow autonomous, or

self-driving, vehicles to be driven and

tested on their roadways. In recent months,

California and Michigan reached major

regulatory milestones.

Michigan’s law, passed last December,

approved the testing of self-driving cars on

Michigan roads. In April, the state

department of transportation issued

.the first manufacturer plates under the new

law. Also this spring, the University of

Michigan approved construction of a $6.5-

million track for testing self-driving cars in

real-world conditions including merging

lanes, traffic lights and four-lane highways.

In California, the Department of Motor

Vehicles—charged with regulating these

vehicles—recently held a public workshop

to address some difficult policy questions

including safety standards.

Safety has been a top concern about

self-driving cars. For example, the

Washington Post, in light of recent

revelations from large auto manufacturers

of deadly car defects, questioned whether

similar defects would be even more

dangerous if vehicles were to rely on

complex computer technology to replace

human functions.

Roadways in many more states may be

opened up to autonomous vehicles.

Related bills are now pending in at least

Georgia, Louisiana, Massachusetts,

Minnesota, New Jersey, New York and

South Carolina.

Michigan’s first license plates for self-driving vehicles. Source: MDOT.

CENTURY COUNCIL NOW THE FOUNDATION FOR ADVANCING ALCOHOL RESPONSIBILITY (FAAR)

STATES DRIVE POLICY FOR SELF-DRIVING CARS

Did You Know?

A host of traffic

safety topics are

commemorated in

the spring. April

was National

Distracted Driving

Awareness Month

and Alcohol

Awareness Month,

and the week of

April 7 was National

Work Zone

Awareness Week.

May is National

Bicycle Safety

Month, Motorcycle

Safety Awareness

Month and Global

Youth Traffic Safety

Month. Find

information about

distracted driving,

drunken/impaired

driving, bicycle and

pedestrian safety,

motorcycle safety,

teen drivers and

more on NCSL's

website.

4

New Hampshire will become the first state

this year to raise its gas tax when the

governor signs Senate Bill 367. The bill

increases the tax by 4.2 cents per gallon,

with the revenues to be used for roads and

bridges. Last year, six states and D.C. also

enacted bills to raise or reform gas taxes.

For details about this legislation and other

state gas tax bills, see NCSL’s

Transportation Funding and Finance

Legislation Database and the February

NCSL Transport Report.

Tesla Motors filed an appeal in New Jersey

Superior Court in April following a decision

by the state Motor Vehicle Commission to

ban direct sales of new cars by

automakers. At issue is whether Tesla (or

other manufacturers) can sell cars directly

to the consumer, bypassing the traditional

franchise model. New Jersey isn’t the only

state to ban direct sales—Arizona,

Maryland, Texas and Virginia have similar

laws. In these states, a consumer can view

a Tesla in stores, but cannot test-drive or

buy a car directly from the showroom. Car

dealers have argued that the franchise

system gives consumers choices and

drives competition since purchasers can buy

from any one of a number of dealers.

Officials in other states, however, are

working to allow Tesla to sell vehicles

directly to consumers. In New Jersey,

several bills are now under consideration to

allow exemptions for Tesla sales. Also, New

York’s Governor Cuomo recently announced

an agreement permitting Tesla to sell cars

from five licensed retail locations, and in

Ohio, the Senate recently approved a bill

that would allow for three direct-sale

locations. Washington approved legislation

in March that allows Tesla to open additional

stores in the state.

NCSL’s Legislative Summit is the largest policy conference of its kind, with more than 5,000 attendees and hundreds of sessions

where you can discuss hot policy topics and hone your legislative skills.

Explore the agenda for sessions on traffic safety, federal transportation

reauthorization, the sharing economy, infrastructure finance and more.

Early bird rates available through June 4. Register now!

ADVANCE RATES AVAILABLE THROUGH JULY 23!

TESLA FIGHTS STATE BANS ON DIRECT SALES

Did You Know?

NCSL offers at least

25 different

e-newsletters on a

wide range of policy

topics. Browse our

online newsletter

listing to find the

issues that matter

most to you and

your state (besides

transportation, of

course!): budgets,

education,

employment, health

care and everything

in-between.

Legislative staff can

also find

e-newsletters

tailored specifically

for them. Most

NCSL e-newsletters

are available to

everyone; however,

some are available

for legislators and

legislative staff only.

NEW HAMPSHIRE LATEST TO RAISE GAS TAX

5

State legislators and legislative staff are

eligible for special registration rates at two

upcoming public-private partnership

conferences. InfraAmericas is offering

reduced rates to its 10th Annual US P3

Infrastructure Forum (June 17 – 18, 2014,

New York City), the premier annual

gathering about public-private partnerships

for infrastructure developers, investors,

financiers and public officials.

Complimentary places are then available at

the 26th Annual ARTBA Public-Private

Partnerships in Transportation Conference

(July 16 – 18, 2014, Washington, D.C.). For

details about either event, contact NCSL’s

Jim Reed.

Are Americans Making a Transportation Shift? Maybe, Maybe Not

Dig into recent statistics, and whether they indicate a sea change in

how Americans are traveling, in this recent NCSL blog post.

Sustainable State Transportation Funding and Spending

View this webinar, originally broadcast on April 24, to learn about big-

picture trends and specific state efforts to keep transportation budgets

sustainable and transparent into the future.

Distracted and Drunken Driving

Review NCSL’s updated map of state distracted driving laws, including

New Mexico and South Dakota’s new texting bans, and an updated

chart of the criminal status of state drunken driving laws.

May State Legislatures Magazine

Check out this item on state incentives and benefits for electric and

hybrid cars in the May issue of NCSL’s award-winning magazine.

Pat Downs, Protocol and Standard Operating Procedures

Read this blog post about NCSL’s day with the Transportation Security

Administration, busting myths about airport pat-downs and screenings.

Getting There: NCSL's Quarterly Mobility Newsletter

Explore the newest issue of NCSL’s other state-federal transportation

policy newsletter, which takes a closer look at state and federal

activities that help people with transportation challenges get around.

NEW NCSL RESOURCES

UPCOMING PPP EVENTS FOR NCSL MEMBERS

FREE NCSL WEBINARS!

NCSL NRI Committee 2014 Spring Webinar Series

April to June 2014

All webinars at 3 pm ET/ 2 pm CT/ 1 pm MT/ noon PT

This webinar series, sponsored by NCSL’s Natural Resources and Infrastructure Committee, will cover pressing state-federal issues in the areas of agriculture, energy, environment and transportation, from transportation funding and spending to the 2014 Farm Bill, renewable energy, pipeline safety and more.

6

State Statistical Abstracts

The Federal Highway Administration (FHWA) has released its newest

state-by-state data on mileage, fuel use, drivers, vehicles, travel and more.

Partnership Financing

The Eno Center for Transportation looks at how to improve transportation

infrastructure via public-private partnerships, with policy recommendations.

NHTSA Traffic Safety Facts: Distracted Driving

The National Highway Traffic Safety Administration has released statistics

on fatalities and injuries related to distracted driving.

Health in Transportation

Two recent FWHA reports explore the link between transportation policy

and health issues: the Health in Transportation Working Group’s annual

report and Statewide Transportation Planning for Healthy Communities.

State Gas Taxes

The Institute on Taxation and Economic Policy has new information about

when each state last raised its gas tax, states where gas tax rates are now

at an all-time low and which states have variable-rate gas taxes.

Survey on Millennials' Perceptions and Attitudes Towards Transit

Most young Americans prioritize access to transit options, says a survey

released by the Rockefeller Foundation and Transportation for America.

Roadway Safety Guide: A Primer for Community Leaders

This Roadway Safety Foundation report is designed to help community

leaders and elected officials improve road safety in their communities.

The End of the Road? and State Transportation Funding Plans

Transportation for America has new reports on the looming insolvency of

the federal Highway Trust Fund and state transportation funding plans.

How to Get the NCSL Transport Report: More than 2,500 federal, state, local and

private sector transportation stakeholders receive this newsletter each month.

If you'd like to get NCSL’s Transport Report in your inbox,

e-mail jaime.rall@ncsl.org with your contact details.

All our past issues are online at http://www.ncsl.org/default.aspx?tabid=21636.

NEW TRANSPORTATION REPORTS

Did You Know?

Live webcasts or

television

broadcasts of

legislative

proceedings are

available from at

least one chamber

in all 50 states, the

District of Columbia,

Puerto Rico and the

Virgin Islands.

Many states also

archive committee

or floor proceedings

on their websites.

Want to feel like

you're really there?

Simply follow the

links on NCSL's

website.