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Federal Document Clearing House Congressional Testimony

July 25, 2002 Thursday

SECTION: CAPITOL HILL HEARING TESTIMONY

LENGTH: 3515 words

COMMITTEE: HOUSE TRANSPORTATION AND INFRASTRUCTURE

SUBCOMMITTEE: HIGHWAYS AND TRANSIT

HEADLINE: TRANSPORTATION SYSTEM AND COMMUNITIES' QUALITY OF LIFE

BILL-NO:
 

H.R. 1265             Retrieve Bill Tracking Report
                      Retrieve Full Text of Bill


TESTIMONY-BY: ELISSA MARGOLIN, EXECUTIVE DIRECTOR

AFFILIATION: LEAGUE OF AMERICAN BICYCLISTS

BODY:
STATEMENT OF ELISSA MARGOLIN EXECUTIVE DIRECTOR LEAGUE OF AMERICAN BICYCLISTS

COMMITTEE ON HOUSE TRANSPORTATION AND INFRASTRUCTURE SUBCOMMITTEE ON HIGHWAYS AND TRANSIT TRANSPORTATION SOLUTIONS IN A

COMMUNITY CONTEXT: The Need for Better Transportation Systems for Everyone

JULY 25, 2002

Mr. Chairman, Congressman Borski, and distinguished members of the subcommittee, thank you for holding this important hearing. I am Elissa Margolin, Executive Director of the League of American Bicyclists. It is a pleasure to have this opportunity to testify on behalf of the League and address the role of bicycling in community transportation solutions. I would like to request that my entire written testimony be submitted for the record.

Introduction

The League of American Bicyclists was founded in 1880 as the League of American Wheelmen when cyclists from across the United States joined together to advocate for paved roads. Their efforts ultimately led to our national highway system. Although America's dominant form of transportation has changed, in many ways the goals of the League remain the same. Today, the League represents the nation's 42.5 million cyclists and works through advocacy and education for a bicycle-friendly America.

Bicycling is an environmentally sound and affordable mode of transportation, with the potential to dramatically improve the physical health of this nation while reducing traffic congestion and pollution.

In the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Congress recognized bicycling's important role in helping to create a balanced, intermodal transportation system. Congress continued to integrate bicycling into the mainstream with the passage of the Transportation Equity Act of the 21st Century (TEA-21), which provides more funding, planning and policy tools to create bicycle-friendly communities.

We recognize that increasing bicycle use is part of a larger effort to provide more transportation choice and increase the quality of life in our communities. It is critically important that Congress recognizes and encourages the role bicycling plays in our transportation system during this reauthorization process.

Those who use their bicycle as a mode of transportation will be the first to tell you that their commuting experience is far more pleasant than sitting in a car. The typical bike commute takes less time than driving, particularly in urban areas such as Washington, DC; is less expensive; certainly uses less gasoline and causes no air pollution. Generally, the bicyclist arrives at work less stressed and more invigorated for a productive day.

According to the Federal Highway Administration (FHWA), 40% of all automobile trips are less than two miles and 50% of the population commute 5 miles or less to work. Turning even a small percentage of those trips into bicycle trips would ease congestion tremendously. Many of those trips are made by parents dropping their children off at school. Providing support and incentives to creating safer routes to school will have a major positive impact on alleviating congestion. In addition, it will improve our children's health by promoting physical activity. Mr. Chairman, the benefits of bicycling for all Americans and its connection to better health and an improved quality of life are so important that we urge you to schedule a hearing devoted solely to this issue.

Not only will getting more people to take trips on their bicycle decrease the amount of vehicles on our roads, it will also substantially decrease air pollution. At the present, 80% of carbon monoxide and 50% of nitrogen oxide emissions in the United States are a result of our transportation system. Sixty (60)% of automobile emissions pollution occurs at the very beginning of vehicle operation when the engine is cold and the pollution control devices have not begun to work effectively. Therefore, the shorter automobile trips are producing more pollution on a per-mile basis than longer trips.

The bicycle plays a vital role in intermodalism. In many areas of the country, people are biking to their local bus stop or train station and then taking mass transit. In some cases, they keep a bicycle at the other end to finish their commute. Bike lockers and bike stations are critical to the success of this.

More and more of our nation's subways and train authorities are facilitating bicycle access, making it easier for bicyclists to use mass transit and reducing the number of cars on our roads and highways.

The Federal Transit Administration estimates that a least one-in- five transit buses nationwide are equipped with bike racks. Buses in Seattle carry over 60,000 bicyclists a month, replacing 60,000 potential single occupancy vehicle drivers. Having this capacity encourages more people to take mass transit.

As we look at ISTEA and TEA-21 with the benefit of 10 years of experience, it's clear that Congress intended to promote bicycle use and safety so as to realize the many benefits of bicycling. However, it is equally clear that states and MPOs have not, for the most part, taken advantage of the flexibility and opportunities provided by Congress in the legislation. As we prepare for T-3, we believe Congress can strike a better balance between States rights and the national public interest in promoting opportunities to improve conditions for bicycling.

America Bikes: America Benefits

In addition to my role as Executive Director of the League, I am the Chair of a coalition called America Bikes. Many of the leaders from the major national bicycling organizations and a five billion dollar bicycle industry have joined together to tell Congress that when America bikes, America benefits. Members of this coalition include Adventure Cycling, Association of Pedestrian and Bicycle Professionals, Bikes Belong Coalition, International Mountain Bicycling Association, National Center for Bicycling and Walking, Rails to Trails Conservancy, Thunderhead Alliance, and the League of American Bicyclists.

America Bikes is working for positive outcomes for bicycling through the reauthorization of TEA-21. The mission of America Bikes is inspiring more people to ride bicycles by creating a safe, efficient, and well connected transportation system for bicycling and walking as an integral part of healthy communities.

At a time when the Centers for Disease Control (CDC), the Surgeon General and the Secretary of Health and Human Services are all proclaiming the obesity of Americans a veritable epidemic - at a time when 14% of all American children are overweight -- the time has come to support new local initiatives to encourage the integration of bicycling and walking into our daily lives.

As such, the League of American Bicyclists and America Bikes share these common goals and recommendations -

Bicycle-Friendly Transportation Systems

Every transportation project and program has an impact on bicyclists and pedestrians. We believe that impact should be positive. A seamless network of on-street bicycle facilities, trails and transit should connect people to homes, schools, work, shops and each other. In 1998, TEA-21 directed FHWA to work with American Association of State Highway and Transportation Officials (AASHTO), Institute of Traffic Engineers (ITE) and other interested parties to develop guidance on accommodating bicycle and pedestrian travel to achieve this goal. During this next reauthorization, Congress should take the next logical step and encourage states to implement this US DOT policy.

In the planning process, there should always be a bicycle/pedestrian representative at the project selection table and all plans should address bicycle and pedestrian issues. In fact, there should be a requirement that states and MPOs certify that bike and pedestrian issues have been addressed to provide better accountability.

As FHWA Administrator Mary Peters stated at the National Bike Summit in March of this year, "Bicyclists are an integral part of our nation's transportation system and we all need to work together to develop a better more balanced transportation system that provides facilities and programs for bicyclists on a routine basis. In planning, designing, and operating our nation's transportation system and its related programs, the needs of all users - and that clearly includes bicyclists - should be considered from the moment planning starts on a new project."

Strengthen Enhancements, CMAQ, and other TEA-21 programs

Congress allowed state DOT's tremendous flexibility in administering many of the programs in TEA-21, yet the majority of bicycle projects are still funded through the popular and oversubscribed Transportation Enhancements (TE) program. Explicit language on the eligibility of bicycle projects under the Congestion Mitigation and Air Quality Improvement Program (CMAQ), Recreational Trails, Surface Transportation Program (STP), Federal Lands Highways, Safety and other programs would aid communities in expanding and connecting their bicycle networks. As such, all of these programs should remain fully funded.

After ten years of experience with the operation of ISTEA and TEA- 21, we can conclude that while significantly more funding has gone to a wide variety of bicycle and pedestrian improvements, bicycling and walking are still not receiving sufficient investment and priority to lift them out of the "other" category of most state DOTs and MPOs transportation improvement programs.

This is not necessarily because of limits set in the federal transportation law, nor is it because of a lack of worthwhile projects to fund. Every state reports that applications outweigh available funds by at least two or three to one for the TE program, for example.

States simply are not taking advantage of the availability of other funds to make bicycle and pedestrian improvements, despite clear eligibility: 75% of all bike/ped projects are funded out of the TE program.

Obviously, the TE program is vitally important. Of the 12 eligible activities, three relate specifically to bicycling. The bicycle and pedestrian facilities activity includes projects such as bike lane striping, widening of paved shoulders, bike parking and bus racks, off-road trails, and bike bridges and underpasses. The safety and education activity includes safety promotions, safety and education training, facilitators and classes, and materials. Thirdly, the conversion of abandoned railway corridors to trails has provided funding to over 1200 rail-trails across the nation. Adding additional categories to TE will further burden its oversubscription and we cannot support that. Rather, Congress should provide incentives to encourage states to adopt flexibility options in an effort to help move the money through the process.

CMAQ provides funding to places that the Environmental Protection Agency has designated as non-attainment or maintenance for ozone or carbon monoxide. This money is to be spent to improve the air quality of these areas or to insure that the air quality remains good. Many bicycle and pedestrian projects are eligible for these funds, including the hiring of bike/ped program staff. This needs to be better clarified in the new reauthorization. In addition, Congress should confirm the eligibility of other non-construction activities related to bicycling and walking. Far too often, states are making the interpretation that these funds are for construction purposes only.

The Recreational Trails program has proven to be a success. The current split of 30% for motorized trail use, 30% for nonmotorized trail use and 40% for diverse trail use has been working well.

The safety of bicyclists and pedestrians on our roadways is another important concern. While State and Community Traffic Safety Programs (402) and the Hazard Elimination Program (HEP) also allow for flexibility to support bike/ped safety projects, the support is just not meeting the requisite need. We believe that Congress can overcome this by formulating the funding to coincide with fatality statistics kept by NHTSA. Since bike/ped crashes make up 14% of the fatalities, we believe that an equivalent percentage of 402 and Hazard Elimination Funds should be supporting bicycle and pedestrian safety projects.

Some areas are using HEP funds for SRTS. Unfortunately, not all states recognize HEP funds for this use or for bicycle infrastructure, safety, and education in general. Congress should clarify that these funds are eligible for such projects. In addition, the new legislation should also explicitly allow grouped projects to compete for funds.

The goals of the Transportation and Community and System Preservation Pilot Program (TCSP) are very important and the program should be continued. However, the program has been allowed to stray from its original purpose by becoming the home for many earmarks. By working with Congress on improving the planning process and the planning language, we hope to restore the opportunities for positive change through TCSP.

There are certainly other areas of interests to bicyclists. We ride on federal land highways, scenic byways, bridges, and all types of transit. We want to see the new legislation specifically address bicycling in all of these programs. With regard to the National Highway System (NHS), Congress should confirm the eligibility of bicycle and pedestrian projects within NHS corridors. Furthermore, bicycle and pedestrian facilities should be explicitly made eligible within and across NHS corridors.

Safe Routes to School

We encourage the support of local Safe Routes to School (SRTS) programs, which have a proven impact on improving infrastructure and safety. SRTS programs link neighborhoods to their schools, encourage our children to become more physically active, relieve morning congestion and reduce the cost of school transportation. Pilot projects have resulted in positive changes on the environment, increases in bicycling and walking by 57%, and decreases in automobile traffic by 30%.

SRTS programs are designed to make walking and bicycling to school a safe and valued activity for children.

Neighborhood groups, traffic engineers, local officials, and in some cases state DOTs are working to make streets safer for pedestrians and bicyclists along school routes. Communities are encouraging both parents and their kids to take advantage of the many benefits of getting around on foot or by bike. Forty years ago, half of all U.S. children walked or biked to school. According to the CDC, that number is now around 10 percent. Citing primarily safety and traffic concerns, parents are adding to traffic congestion and pollution by chauffeuring their children short distances to school and other various activities.

Bicycling is an excellent way to help reverse the alarming rise in childhood obesity rates across the country. According to the CDC, the obesity condition results in $117 billion annually in health care costs and personal living expenses. Through the promotion of safer routes to schools, everyone, from parents and teachers to local and federal government officials, can make a commitment to reducing these statistics.

The SRTS movement was created in Denmark over two decades ago to address some of the worst child pedestrian accident rates in Europe. It was so effective that other countries adopted its model of creating safer ways for their youth to travel to school, including the United Kingdom and now the United States.

Numerous states and localities are already participating in SRTS programs. The National Highway Traffic Safety Administration (NHTSA) has funded two successful pilot projects, one in California and the other in Massachusetts. Other programs have been able to utilize federal funds available through TEA-21.

There is not only a huge need for SRTS programs, but there is also a huge demand. Demand from the parents and students is generating demand in local and state governments. Some localities and states already have in place some type of safe routes to school program. Others are in the development stages. In the state of California, there is now $120 million of requests for potential SRTS projects and only $20 million in available funding. Communities need more resources to respond to this demand.

A one-size-fits-all approach is not feasible for a national SRTS program, but encouraging and supporting the creation of such programs appropriate for a given community is. Under current law, SRTS programs are eligible under several ISTEA/TEA-21 funding mechanisms, including TE, CMAQ, and HEP funding. Unfortunately, not all states and localities recognize this. Congress should ensure that there are no impediments to funding SRTS programs in the new reauthorization. Likewise, each state should have a full- time SRTS Coordinator to facilitate these programs. Any national SRTS program must include support for infrastructure and education/safety.

Maintain Critical Support Systems for Bicycling and Walking

ISTEA established the position of bicycle and pedestrian coordinator in every state DOT and TEA-21 created the Pedestrian and Bicycle Information Center (PBIC) to develop and disseminate bicycle and pedestrian expertise to communities and engineers around the country. Both initiatives have proven invaluable to enabling communities to improve conditions for bicycling and walking. We ask for continued funding for the PBIC and to establish the bicycle and pedestrian coordinators as full-time positions.

While many states have full-time coordinators dedicated 100% to bike/ped issues, a majority do not. Far too often a state's coordinator may only spend 5-10% of his/her time on bike/ped issues, if that. States and MPOs with a population of 200,000 or more should also have an employee completely dedicated to bicycling and walking. Further, the new reauthorization should clarify that TE and CMAQ funding may be used to hire staff in MPOs and local agencies.

The PBIC has been a tremendous asset for transportation engineers and planners, safety and health professionals, all levels of government, and advocates. Its core mission is "to improve the quality of life in communities through the increase of safe walking and bicycling as a means of transportation and physical activity." It has proven valuable as a one-stop resource and link for bicycle and pedestrian problems and solutions, design and engineering, education and enforcement, health and fitness, outreach and promotion, news and events, research and development, policy and planning, rails and trails, and transit.

Adding Bicycling to Transportation Fringe Benefit Eligibility

The transportation fringe benefit was added to the tax code as part of TEA-21 as an incentive to get more people to use alternative modes of transportation for commuting. The goal was to reduce traffic congestion, pollution and wear and tear on the roads.

Under current law, an employer can offer an employee up to $100 a month for mass transit (subway, bus, train, van-pool, etc.) and up to $185 per month for parking, which is tax-free if the employer is making the purchase for the employee. The employer may also give a cash reimbursement for the same transportation, but a cash reimbursement is included as taxable income to the employee. In either case, the employer is able to take a business deduction for the benefit. Another option allows an employer to permit an employee to take a tax-free payroll deduction for the purchase of transit tickets. Participation is completely voluntary. A business is not required to offer the fringe benefit, nor is it required to offer the maximum amount.

H.R. 1265, the Bicycle Commuter Act, would allow an employer to offer a monthly cash reimbursement to an employee who commutes to work by bicycle, providing a tax benefit to the employer and helping defray commuting expenses for the bicyclist.

Creating incentives for bicycle commuting will help decrease single occupancy vehicle trips. The transportation fringe benefit was placed into law to reduce congestion, pollution and wear and tear on the roads. Bicycle commuters certainly make a substantial contribution toward achieving this goal and should also have access to this incentive.

Conclusion

Bicycling remains an untapped resource in the fight against traffic congestion, air pollution, and energy dependence. The growing epidemic of obesity and inactivity adds yet another compelling reason for Congress to act in the public interest and enable communities to become more bicycle-friendly and walkable.

Transportation policy that supports bicycling is transportation policy that promotes quality of life in our communities. Thank you once again for the opportunity to testify before this distinguished subcommittee. We look forward to working with all of you through this important reauthorization process, as we collectively strive to improve transportation throughout our country.



LOAD-DATE: July 26, 2002




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