Highways and Transit Subcommittee Markup
2167 Rayburn House Office Building
June 24, 2009
On June 24, 2009, the Subcommittee on Highways and Transit approved the Surface Transportation Authorization Act of 2009.
Video of Rep. Mica's Statement
Video of Rep. Duncan's Statement
The following Republican amendments were offered and withdrawn during the markup:
Off-System Bridge Eligibility – Rep. Moran(R-KS)/Rep. Schock (R-IL)
Under current law (Title 23 Section 144(f)(2) – Bridge Program) States must use 15 percent of their Bridge funding for bridges that are not on the Federal-Aid Highway System. This amendment will continue to allow states to be able to use 5 percent of the Critical Asset Investment Program (CAIP) funds on off-system bridges. This would not be a requirement, just an eligible expense under the program (with a cap). Under the language in STAA, states cannot fund any projects off the federal aid highway system with CAIP funds.
Land Use Patterns, Housing Affordability, and Livability – Rep. G. Miller (R-CA)
The amendment strikes language from the bill that would require the performance measures for the long-range plans of large metropolitan regions – urbanized areas with a population of more than 1,000,000 – to assess how the plans address certain land use and housing policy requirements. Specifically, the amendment strikes language requiring the measures to assess the degree to which land use patterns reduce the dependency on single-occupant motor vehicle trips, there is an adequate supply of housing for all income levels, and there is an improvement of livability of communities.
Changes to Section 327 – Rep. G. Miller (R-CA)
The amendment makes the environmental delegation program currently codified at 23 U.S.C. section 327 a permanent program and allows all States the option to participate. The amendment allows States to participate in the program without reducing their flexibility to use other project delivery methods permissible for highway projects. The amendment clarifies that a State can assume the Department of Transportation’s responsibility for project-level conformity determinations under the Clean Air Act, along with all other project-level environmental review responsibilities.
Projects of Regional and National Significance – Rep. Brown (R-SC)
Increasing access to tourism and reducing emergency evaluation time is added to the selection criteria for Projects of Regional and National Significance. A project that is a part of or will be designated as part of the Interstate Highway System and a project that will complete unconstructed parts of the Interstate Highway System that decreases passenger and freight congestion is added to the selection criteria for Projects of Regional and National Significance.
Vehicle Weight Limitations in West Virginia – Rep. Capito (R-WV)
Permits West Virginia to allow by special permit the operation of vehicles with a gross vehicle weight of up to 126,000 pounds for the hauling of coal and coal by-products on Interstate Route 77 in Kanawha County, West Virginia.
Transferability of Federal-Aid Highway Funds – Rep. Diaz-Balart (R-FL)/Rep. Mack (R-FL)
Allow States to transfer funding between highway programs. STAA currently allows funding to be transferred to transit accounts, but does not allow transfers between highway accounts. In current law states can transfer up to 50% of funding in most highway programs to other highway programs. This amendment restores the transferability that exists in current law.
Equity – Diaz Balart (Rep. FL)
This amendment adds a sense of Congress that every state should receive at least 92 percent of what they contribute to the highway account of the highway trust fund through the federal highway program.
Hydrogen Blend Fuels – Rep. Dent (R-PA)
Clarifies that the definition of “clean fuel vehicle” in the CMAQ program includes those powered by hydrogen blend fuels. This change will provide consistency with the definition of clean fuel vehicle in the Transit Title.
Davis-Bacon – Rep. Mack (R-FL)
Repeals Davis-Bacon and other prevailing wage labor requirements from highway and transit law.
Flexibility in funding, increasing sec. 106 limits – Rep. Fallin (R-OK)
Under current law projects with an estimated cost of $500 million or more must submit a project management plan and an annual financial plan and projects with an estimated cost of $100 million or more only need to submit an annual financial plan. The amendment would change the threshold for these requirements to be $1 billion and $500 million respectively.
Weight limit for farmers selling their own goods – Rep. Fallin (R-OK)
Allows States to exempt farmers selling their own goods from certain requirements of the federal motor carrier safety regulations. Specifically, it exempts them from requirements related to longer combination vehicles, commercial driver’s licenses, hours of service, and vehicle inspection. Additionally, the amendment applies the term commercial motor vehicle to a vehicle that weighs 26,001 pounds (instead of 10,001 pounds).
Equitable distribution of funding under the Projects of National Significance Program – Rep. Schock (R-IL)
This amendment adds geographic distribution and an appropriate balance of urban and rural projects to the selection criteria that the secretary uses to select projects that will be funded through the Projects of National Significance Program. This mirrors the language for selecting projects for the discretionary surface transportation grants in the economic stimulus bill.
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