Copyright 2001 eMediaMillWorks, Inc.
(f/k/a Federal
Document Clearing House, Inc.)
Federal Document Clearing House
Congressional Testimony
September 26, 2001, Wednesday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 2766 words
COMMITTEE:
HOUSE TRANSPORTATION
HEADLINE: EASING
REGULATION OF TRANSIT SERVICES
TESTIMONY-BY: AMERICAN
PUBLIC TRANSPORTATION ASSOCIATION
BODY: SEPTEMBER
26, 2001
TESTIMONY OF THE AMERICAN PUBLIC
TRANSPORTATION ASSOCIATION
BEFORE THE HIGHWAYS AND
TRANSIT SUBCOMMITTEE OF
THE HOUSE
TRANSPORTATION AND
INFRASTRUCTURE COMMITTEE
ON IMPROVING THE DELIVERY OF TRANSIT SERVICES
BY EASING REGULATORY BURDENS
September 26, 2001
APTA is a
nonprofit international association of over 1,400 public and private member
organizations including transit systems and commuter rail operators; planning,
design, construction and finance firms; product and service providers; academic
institutions; transit associations and state departments of
transportation. APTA members serve the public interest by
providing safe, efficient and economical transit services and products. Over
ninety percent of persons using public
transportation in the
United States and Canada are served by APTA members.
Mr. Chairman, thank
you for this opportunity to testify on improving delivery of transit service by
easing regulatory burdens.
About APTA
APTA's more than 1,400
member organizations serve the public interest by providing safe, efficient, and
economical public
transportation service, and by working to
ensure that those products and services support national energy, environmental,
community, and economic goals. APTA public and private member organizations
include transit systems; commuter railroads; design, construction, and finance
firms; product and service providers; academic institutions; and state
associations and departments of
transportation. More than
ninety percent of the people who use transit in the U.S. are served by APTA
member systems. TEA 21 and Public
Transportation Mr.
Chairman, we thank you, and the
Transportation and
Infrastructure Committee, for crafting the
Transportation
Equity Act for the 21st Century (TEA 21), which has so effectively improved the
industry's ability to meet demands for capital investment and service. The
legislation has clearly and significantly improved our industry's ability to
meet the growing demands for service in urban, suburban, and rural communities
throughout America. The predictability of annual federal investment under the
guarantees established in TEA 21 has been very helpful to transit agencies as
they develop and annually update long-term capital investment programs.
The good news is that TEA 21's increases in federal investment and the
predictability of those funds have paid off! Public
transportation ridership is up 21 percent over the past five
years, the highest levels in forty years. As a matter of fact, ridership now
exceeds more than 9 billion annual trips. It is clear that Americans want
choices to address their
transportation needs, and public
transportation provides just that. Of course, this steady climb
in ridership trends means increased demand on existing systems and growing
needs, an issue that will need to be addressed during the
reauthorization of TEA 21.
Overview
Mr.
Chairman, APTA's member organizations have formed a
Reauthorization Task Force and are currently in the process of
developing recommendations on the federal transit program for the upcoming
reauthorization of TEA 21. Therefore, we are pleased today to
discuss some regulatory issues and topics that we think can be improved, but
want to emphasize that our testimony is not meant to be a comprehensive review
of ways to ease regulatory burdens. In that regard, our
Reauthorization Task Force, which represents APTA's broad and
diverse membership-- transit systems, business members, state DOTs, and
others--expects to have a comprehensive proposal on the
reauthorization of TEA 21 including recommendations for
streamlining the program, next spring.
There are three broad themes
regarding
reauthorization that are emerging from our Task
Force's deliberations: - Maintain the funding guarantees;
- Grow the
program's investment levels; and
- Streamline program delivery.
Transit Means Business
In the context of today's hearing, let me
focus on this last bullet point, "Streamlining Program Delivery." APTA member
public
transportation systems appreciate the federal funding
provided under TEA 21 and FTA's oversight of those resources. While local public
transportation is a service much like a local fire department,
and not a private business, the transit industry has worked diligently to be
good stewards of our federal investments. Indeed, transit operators have worked
hard to run their systems in a businesslike way even as they provide services to
the public in the context of limited resources. And they are doing that in
innovative ways, for example, by earning some $
1 billion in
revenue over the past decade from sources other than the farebox-- nearly double
the amount the industry earned in the 1980s. But more can and must be done to
allow them to operate flexibly and creatively. The growing demand for public
transportation service throughout the nation requires that our
member systems continue to look for ways to eliminate unnecessary or duplicative
requirements so that they can deliver the best and most comprehensive service
flexibly and efficiently.
Procurement Reform
One area that we
all--business members, transit systems, the federal government--agree needs to
be addressed is the procurement process. APTA has created a Procurement Task
Force to explore how the procurement process, as it relates to transit agencies,
can be improved. The Task Force expects to develop proposals that would lead to
improved procurement and selling practices in the transit industry; provide the
industry with better products at a fair cost; and strengthen the business
climate of the industry. They are looking at a range of issues, not just federal
procurement requirements, but things like relationship issues--that is, can the
procurement process be more collaborative and less adversarial; terms and
conditions of contracts--issues like slow payment cycles; technical matters--
standardization of equipment; process issues--inordinate delays; and regulatory
and legislative issues--burdensome federal, state, and local requirements. We
hope that the Procurement Task Force's efforts will lead to a set of
recommendations that result in improved relationships between buyers and
sellers; increased use of standards and standardization; increased use of
technology in the procurement process; and making partnering and collaborative
relationships and risk-sharing commonplace in the industry.
Some of
these recommendations are likely to require legislation, which we would address
in our
reauthorization proposal. In the meantime, APTA
separately is undertaking an activity that really may change the face of
procurement as we now know it. In partnership with Booz Allen & Hamilton,
Inc., APTA has created a new corporation--TransportMAX--a business-to-business
e- procurement marketplace where transit industry buyers and sellers can do
business online. One of its core features is its efficient and robust
e-procurement functionality, whereby customers can have a complete, efficient,
and secure procurement environment to achieve significant cost savings. We are
just beginning the pilot part of the process with eight transit systems of
different sizes, and we expect to have a commercial launch of TransportMAX early
next year.
Mr. Chairman, let me now address more specifically areas
where some changes in federal policy might effectively be made.
FTA
Policy Statements, Consistency of Procedures
Unlike FTA regulations that
are issued in draft form and subject to comment and revision, FTA circulars or
other policy statements can be issued without the same review. Unfortunately,
however, such communications often carry the same significance and penalties as
regulations themselves. APTA recommends that, where possible, FTA guidance,
policy statements, or significant interpretations be subject to at least 90 days
prior notice and comment before becoming effective, and, when issued finally,
should then publicly be available for review in FTA headquarters and regional
offices around the country, as well as on the FTA website. This could help
assure that program requirements and policies are consistently interpreted and
applied evenly to transit systems in every region. Collaboration, cooperation,
and communication are the keys to effective program oversight and management.
This extends to the grant delivery process as well, where some regions are
better than others in timely communicating to applicants the status and
completeness of pending grant applications - an important issue in terms of
working through the application process and getting critical federal funds
delivered as soon as possible.
Federal Audits and Reviews
We are
supportive of FTA and its oversight, but we think greater planning and
organization can bring benefits to the industry and the federal government.
Recipients of federal transit funds are subject to comprehensive and ongoing
reviews and audits, often in addition to state and local reviews. There are
procurement reviews, drug and alcohol audits, financial reviews, and the list
goes on and on. We are not saying these reviews and audits are unnecessary;
rather, that they occur separately over the course of a year. We ask that FTA
consider ways that these oversight activities could be coordinated and performed
at the same time, to the extent possible.
Furthermore, in some instances
outside auditors used by FTA can be inexperienced and unfamiliar with transit
operations and the rationale behind federal regulations. In this regard, it may
be time, Mr. Chairman, to consider the internal staffing needs of FTA, an agency
overseeing what is becoming an $
8 billion annual program
(including STP and CMAQ transfers) with the same level of staff it had when it
oversaw a $
3 billion program.
Drug and Alcohol Testing
Mr. Chairman, our member organizations strongly support federal drug and
alcohol testing of safety sensitive
transportation workers, but
we think there are ways the program could be more efficiently run. In
particular, we are concerned about application of certain aspects of the rules
to smaller transit systems, and urge FTA and DOT to continue to look at ways to
minimize burdens on these systems where feasible. For example, the incidence of
random drug testing is determined by industry- wide data. This means that those
systems with low incidence of positive drug or alcohol testing results
nonetheless must expend more time and money by testing at industry-wide rates.
This is particularly burdensome on small operators. We would like DOT to explore
the possibility of having the rate of testing based on individual transit system
data, not industry data. If systems can demonstrate statistically that their
positive rates are below the industry average, it makes sense that they be
granted greater flexibility under the testing requirements.
Finally,
larger transit agencies may have to comply with different testing requirements
of different DOT agencies--for example, FTA, FHWA, Coast Guard, FRA--resulting
in the undue expenditure of both time and effort. APTA suggests that in such
cases a grantee need comply with the drug and alcohol program of the most
appropriate federal agency rather than with all the others. Compliance would
still occur but with less burdens to the affected entities.
Discretionary Bus Grants for Rural Transit Agencies
Under the
current requirements of 49 USC, Section 5309, rural and small urban transit
operators who receive discretionary bus grants must comply with the grant
requirements that larger agencies in urbanized areas must comply with.
A
simple fix here would be to permit rural and small urban transit agencies to use
federal grant requirements under the rural transit program (49 USC, Section
5311) for discretionary bus grants rather than the standards applied to transit
systems in urbanized areas.
Coordination with Health & Human Service
Agencies
APTA has long been involved in the effort to improve
coordination between U.S. Department of Health and Human Service (HHS) providers
who purchase
transportation service and public
transportation agencies funded by the Federal Transit
Administration (FTA). Public
transportation agencies can often
provide higher quality
transportation for non-emergency health
care, job training and other social services at lower costs than HHS funded
agencies now pay. In 1997, the Health Care Financing Administration estimated
that it spends more than $
1.2 billion annually on non-emergency
medical
transportation. Since then, some state Medicaid offices
have improved the delivery of
transportation services at
reduced costs by coordinating with local public
transportation
operators. But many state agencies still fail to coordinate or consult with
transit agencies for their
transportation needs.
Transit agencies have the expertise and the equipment to provide such
services. Outpatients can save significant amounts of money by using regular
transit service to get to health services. Just compare the cost of ambulance
service to get patients to dialysis service to the cost of paratransit service.
Public
transportation has become increasingly accessible for
all Americans. Virtually all fixed route bus service is now accessible to people
with disabilities and transit agencies have the ability to transport those who
cannot use wheelchair accessible buses in paratransit vans. According to the
FTA, in four major programs - Medicare, Medicaid, Food Stamps, and Unemployment
Compensation - each dollar invested in low-cost mobility services reduces the
transportation costs under those programs by approximately 60%.
While we understand that Health and Human Service programs are not
within the jurisdiction of this committee, we ask for your support in our effort
to improve coordination between these federally funded programs. Greater use of
public
transportation in the delivery of HHS
transportation services has the potential to be a win-win
situation. HHS agencies can save money while more effectively utilizing the
federal investment in our public
transportation infrastructure.
Motor Fuel Tax Exemption
Under current tax law, private
non-profit transit providers and demand response systems that do not operate
fixed route transit service are often ineligible for exemptions from, or rebates
of, federal motor fuel taxes. While they sometimes receive exemptions provided
for state and local governments, current law which provides fuel tax exemptions
and rebates to transit systems does not apply to vehicles "engaged in furnishing
transportation which is not scheduled and along regular routes
unless the seating capacity of such bus is at least 20 adults (not including the
driver)." It makes little sense to levy fuel taxes on publicly operated transit
operations simply because they use smaller vehicles or operate non-fixed route
service, both of which may be the best way to provide public
transportation in less urban communities or for specific
transit service. We urge the Congress to exempt all public
transportation providers from federal motor fuel taxes so that
federal grant funds received by such agencies are used to provide service and
not pay federal motor fuels taxes.
DOT Planning Regulations
Finally, Mr. Chairman, we were pleased to testify before this Committee
just a year ago on the issue of planning regulations. Let me highlight here the
six key principles we made about DOT's planning regulations in our September 15,
2001, testimony -
- The regulations should ensure multimodal planning
(and a full consideration of transit in a multimodal process);
- The
planning process should serve decision-making at all levels;
- The
regulations should promote a balance of economic, mobility, environmental, and
other objectives;
- APTA supports environmental streamlining, so long as
it does not create a bias against any particular mode or eliminate viable
options prematurely;
- The regulations should ensure early and
continuous collaboration among all planning and modal implementing agencies; and
- APTA supports early and continuing stakeholder participation,
particularly by those stakeholders named in Title VI of the Civil Rights Act.
Conclusion Mr. Chairman, these are just a few of the issues that we think can
help improve delivery of transit services. We again thank you and the Committee
for your commitment to investing in the nation's
transportation
infrastructure and look forward to working with you on the
reauthorization of TEA 21.
LOAD-DATE: September 27, 2001