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          | Volume 
            102 Number 08 | February 
            22, 2002 |  
          | Executive Digest 
            
 
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          | Congress Information
 AASHTO
 
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          | Details 
            
 
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          | Budget Committee Eyes RABA Concern 
 
 David Sprynczynatyk, 
              Director of the North Dakota Department of Transportation, this 
              week urged a Senate committee to allow FY 2003 highway funding to 
              be set at the highest level the Highway Trust Fund can support. 
              Testifying at a field hearing held in Bismarck on Wednesday by 
              the Senate Budget Committee, Sprynczynatyk outlined the 
              devastating effects the state would suffer as a result of the 
              proposed 27 percent reduction in federal aid highway funding below 
              the current year level. 
               The Administration's budget proposal calls for reducing the 
              federal-aid highway program from the current $31.8 billion to only 
              $23.3 billion, as a result of a negative swing in the Revenue 
              Aligned Budget Authority provision of the Transportation Equity 
              Act for the 21st Century (TEA-21). Legislation has been introduced 
              in both the House and Senate (H.R. 3694 and S. 1917) to restore 
              funding for the federal-aid highway program to "no less than" the 
              level authorized in TEA-21 for FY 2003, some $27.7 billion. 
               Sprynczynatyk told Chairman Kent Conrad (D-ND) that the 
              legislation was a "welcome and important first step in addressing 
              the problem." He added, however, that "$27.7 billion level was set 
              by Congress years ago as a kind of non-binding baseline level for 
              the highway program for FY 2003." He said he hoped that the TEA-21 
              authorization would be viewed "solely as a floor, and that active 
              consideration is given to providing the greater benefits of a 
              higher program level." 
               In describing the impacts of a 27 percent cut in federal 
              highway funds, Sprynczynatyk said, "A reduction of this magnitude 
              in federal highway assistance would have extremely painful 
              consequences for our state, county, city, and reservation roadway 
              systems. It would cost jobs. It would interfere with economic 
              development and tourism. It would lead to increased vehicle repair 
              bills and fuel consumption." He noted that "North Dakota is 
              already losing ground when it comes to maintaining its roadway 
              systems," falling some $93 million short annually of the 
              investment needed simply to maintain current conditions. He said, 
              "A reduction in federal aid of $45 million would mean an even more 
              rapid decline in our systems." 
               The director noted that because North Dakota is a "donee" 
              state, receiving more in highway funds than it contributes to the 
              Highway Trust Fund, it would be particularly hard hit by the 
              reduction. He added that the reduction would turn strategic 
              highway planning into "crisis management." 
               He said that the most serious impact, however, would be on 
              people. "The expectation of devastating reductions in the highway 
              program can impact behavior well ahead of the actual reductions. 
              For example, across the nation, contractors and engineering firms 
              are reevaluating their capital spending plans and considering 
              cutbacks. Some construction job cuts could also be taking place as 
              businesses plan for the possibility of this shocking program 
              decline." 
               Sprynczynatyk concluded by urging that as the Budget Committee 
              prepares the FY 2003 budget resolution "we ask that you make every 
              effort to craft it so that Congress can avoid the devastating 
              reductions called for in these calculations. We respectfully 
              request that the budget facilitate enactment of a strong, 
              consistent highway program level that will help North Dakota not 
              only in FY 2003 but in the future as well." 
               Second Hearing Set for Tuesday 
               The Senate Budget Committee has scheduled another hearing on 
              highway funding issues in Washington on Tuesday, February 26th. 
              AASHTO President Brad Mallory, Secretary of the Pennsylvania 
              Department of Transportation, has been invited to testify. 
               Action by the Budget Committee is critical to sustaining the FY 
              2003 highway funding level, since they must craft the FY 2003 
              budget resolution to make room for higher level of funding. 
               Provisions 
            in Energy Bill Spark Concern
 
 
 The comprehensive energy 
              bill introduced by Senate Democrats would require gasoline 
              refiners to triple their use of corn-based ethanol by 2012, and 
              would ban ethanol's principle competitor MTBE (methyl 
              tertiary-butyl ether) by 2006. 
              Senate Majority Leader Thomas A. Daschle (D-SD) brought up the 
              energy bill on the Senate floor on February 15th, calling the bill 
              a "comprehensive, balanced energy plan that will strengthen the 
              economy, reduce our dependence from foreign oil, protect the 
              environment, and provide energy security for the nation for 
              decades to come." 
               But many corporate and environmental interest groups dispute 
              the majority leader's view, and are raising concerns about the 
              strong push it gives to increase the use of gasohol. The 5.3 
              cents-a-gallon tax subsidy for gasohol, a blend of ethanol and 
              gasoline, already costs the government nearly $1 billion a year in 
              lost gasoline excise taxes, according to the American Highways 
              Alliance. The figure could rise to $2.5 billion under Daschle's 
              proposal to require refiners to increase ethanol production from 
              the current 1.7 billion gallons a year to 5 billion gallons, 
              reported The Washington Post. 
               "We are concerned about the impact on the highway trust fund," 
              said William Fay, president of the Highway Users Alliance. 
               Under current law, gasohol comprised of 10 percent ethanol is 
              taxed at 13 cents per gallon, compared to 18.4 cents per gallon 
              for gasoline. Of that tax, 2.5 cents is deposited into the General 
              Fund, rather than the Highway Trust Fund. As a result the Highway 
              Trust Funded loses more that $400 million per year in revenue that 
              could be used for road and bridge repair, Fay said. Further growth 
              in its use, as proposed by Daschle, would greatly impact Highway 
              Trust Fund revenue. 
               Another of Daschle's provisions would allow refiners in 
              California, where Governor Gray Davis has already announced the 
              ban of MTBE effective January 1, 2003, greater flexibility in 
              meeting smog-reducing requirements without ethanol. The 
              Washington Postreports that oil industry officials want 
              changes in Daschle's provision that would require gasoline made 
              with ethanol to meet the same clean-air standards as regular 
              gasoline, but environmentalist groups say the industry 
              modifications would add at least 35,000 tons of pollutants to the 
              air annually. 
               Earlier this month, the Senate Finance Committee released the 
              tax provisions to be inserted in the energy package, including a 
              proposal by Chairman Max Baucus (D-MT) which would transfer to the 
              Highway Trust Fund the revenue from 2.5 cents of the gasohol tax 
              that now goes to the General Fund. Such a move would generate some 
              $400 million annually in Highway Trust Fund receipts. 
               Controversial Provisions Expected 
               Most observers expect that the debate on the bill will last 
              well into March, in part because some of the most controversial 
              issues, such as drilling in the Arctic National Wildlife Refuge, 
              were not worked out in committee markup. 
               Another issue that is likely to generate debate on the Senate 
              floor are proposals to increase the corporate average fuel economy 
              (CAFE) standards. The energy bill contains a provision by Sens. 
              John Kerry (D-MA) and Ernest Hollings (D-SC) to increase the 
              vehicle fuel efficiency to 35 MPG for model 2013 cars. Senator 
              John McCain (R-AZ) has introduced a bill that would raise the 
              standard to 36 MPG by model year 2016.  DOT Nominees Reportedly on Hold
 
 
 Holds have reportedly been 
              placed on two top level appointments at the U.S. Department of 
              Transportation by Senator Joseph Biden (D-DE) in an apparent 
              effort to get Senate action on Amtrak legislation. 
              According to the February 14 Government Executive Magazine 
              Biden is using Senate rules to place holds on the nominations of 
              Emil Frankel as Assistant Secretary for Transportation Policy and 
              Jeffrey Shane as Associate Deputy Secretary of Transportation. The 
              Administration had made the nominations in September and October 
              respectively. 
               Biden reportedly is taking the action to attempt to secure 
              action on a bill reported by the Senate Commerce Committee which 
              would authorize some $1.8 billion for security upgrades for the 
              nation's passenger rail system. Another hold has been placed by an 
              unnamed senator against that bill moving to the Senate floor. 
              Biden had attempted to add that bill to the airline security 
              legislation enacted last year, but was persuaded to delay that 
              action on the assurance that the Amtrak bill would be taken up 
              this year.  Governors to Meet in Washington
 
 
 Federal highway funding, 
              homeland security and economic development strategy will top the 
              agenda for the National Governors' Association (NGA) Winter 
              Meeting starting tomorrow in Washington, DC. 
              On the agenda for action is a policy resolution calling upon 
              Congress to sustain federal highway funding at the FY 2002 level 
              of $31.8 billion. An interim policy to that effect was adopted by 
              the Executive Committee on February 12th, "Given the probability 
              of a weak economic recovery," the policy states, "this is not the 
              time for a major reduction in highway funding." 
               The policy continues that "it is critical that Congress resolve 
              this issue prior to the normal budget cycle to prevent significant 
              disruption or delay of ongoing transportation projects, prevent 
              programmatic funding inefficiencies and minimize job losses." 
              Noting that most state budgets begin on July 1, failure to act 
              swiftly will "mean cuts in the current 2002 construction season" 
              the policy adds. 
               On the security front, Governor Tom Ridge, director of the 
              federal office of Homeland Security, will address the governors on 
              the issue of guarding against and responding to bioterrorism and 
              other terrorist threats. The governors will then make a trip to 
              the White House to meet with President Bush and members of his 
              cabinet. Dr. Tara O'Toole, M.D., MPH, director of Johns Hopkins 
              Center for Civilian Biodefense Strategies, will discuss 
              legislative priorities of interest to governors, which according 
              to NGA will likely include bioterrorism and homeland security 
              measures. Furthermore, a news conference is expected to be held to 
              address NGA policies and to announce a policy academy on homeland 
              security during the meeting. 
               Also addressing the governors is Harvard Business School 
              Professor Michael Porter, who will discuss how governors can build 
              "clusters of innovation" as part of their economic development 
              strategies. Porter is a leading authority on the foundations of 
              economic competitiveness and the theory behind the success of 
              regions such as Silicon Valley and Research Triangle Park, North 
              Carolina. 
               "The states that successfully implement 'clusters of 
              innovation' strategies will be the ones that thrive in the New 
              Economy," notes NGA Chairman Michigan Governor John Engler, "We 
              look forward to having professor Porter share his knowledge about 
              the clusters approach and its benefits to states and communities." 
              Porter was appointed by President Reagan in 1983 to the 
              President's Commission on Industrial Competitiveness, and chaired 
              its Strategy Committee. According to NGA, Porter's participation 
              in NGA's Winter Meeting is part of the association's initiative 
              "State Leadership in the Global Economy." 
             States Face 
            Setbacks
 
 
 State legislatures and 
              highway commissions are awakening to the possibility that states 
              could be losing hundreds of millions of dollars in federal highway 
              funding as early as July 1. 
              The Iowa Transportation Commission was informed that, absent 
              some corrective action by Congress, that state will lose $82 
              million for the fiscal year beginning July 1. Of that amount, $54 
              million would be lost for state highway projects and $28 million 
              of the cut would fall on Iowa cities and counties, according to 
              the February 13 Des Moines Register. 
               Iowa Transportation Commission Chairman Tom Aller outlined some 
              positive signs for state highway revenues. Tax collections for the 
              past seven months for the primary road fund were $23.7 million 
              ahead of projections. Collection of taxes on the sales of cars, 
              trucks and other vehicles were up by 17 percent. Spurred by warm 
              weather, gasoline tax collections are up by 5.2 percent, while 
              vehicle miles traveled increased by six percent. 
               On the down side, however, looms the cut in federal funding and 
              also a proposal by Governor Tom Vilsack to spend $60 million in 
              state vehicles and on public safety programs. The state also still 
              faces an $8.5 million shortfall in the highway construction budget 
              for the current year, as a result of higher than expected project 
              costs. 
               Oklahoma Sees "Double Whammy" 
               According to Gary Ridley, Director of the Oklahoma 
              Transportation Department, the state could lose some $110 million 
              in federal funding as a result of the proposed $8.6 billion cut in 
              highway funding. Ridley told The Oklahoman that the reduction 
              would affect the state's Garvee bond program, which uses federal 
              funds to pay off road construction bonds. The state has programmed 
              $1 billion in road projects to be financed by the bonds, and was 
              prepared to issue the first $100 million. But while the state had 
              intended to pay off the bonds in 10 years, it may now have to 
              extend that to 20 years, making the bond debt more costly. In 
              addition, projects on the state's five-year program will likely be 
              extended to a six or seven year program, officials said. 
               The federal funding cuts are looming at a time when Governor 
              Frank Keating has proposed a reduction of nearly $50 million in 
              transportation funding for FY 2003. The combination, Ridley said, 
              represents a "double whammy" for transportation. 
               AASHTO is conducting a survey of the impacts on state 
              transportation programs of the proposed $8.6 billion cut in 
              federal highway funding. It is scheduled for release on Monday at 
              the Winter Meeting of the National Governors Association. 
               Kansas legislators are considering cutbacks to the state's 
              $13.5 billion ten-year transportation program, concerned that 
              revenue to support it may come up $1.6 billion short of 
              projections. 
               According to the February 15 Topeka Capital Journal, a 
              six-member special committee has been named to review and possibly 
              scale back the transportation program, which was adopted in 1999. 
              That package included $1 billion in bonding authority, as well as 
              an escalating set-aside of sales tax revenues. Arguments are now 
              being made to halt the tax increases, or eliminate them entirely. 
              At the same time, the state is facing a $539 million shortfall in 
              its FY 2003 budget. 
               Governor Bill Graves is proposing a one-cent per gallon 
              increase in motor fuel taxes and a 3 percent increase in 
              registration fees to raise an annual $22 million for 
              transportation.  Tacoma Narrows Bridge Awaits Funding
 
 
 The Washington State 
              Department of Transportation (WSDOT) and United Infrastructure 
              Washington, Inc. (UIW) partnership is awaiting action by the state 
              legislature for bonding authority to build a new Tacoma Narrows 
              Bridge. 
              Depending on the State Legislature's decision on public 
              funding, construction to make safety improvements to the Tacoma 
              Narrows Bridge and State Route 16 (Tacoma Bridge Project) could 
              begin later this year. WSDOT and UIW agreed in December 2001 on an 
              approach to build the Tacoma Narrows Bridge Project. However, 
              before construction can actually begin, the state legislature must 
              approve bonds backed by the State of Washington to finance the 
              project. The partnership is prepared to proceed with whichever 
              course the State Legislature decides on for funding. 
               WSDOT and UIW have outlined methods for payment of the UIW 
              incurred development costs, modification of existing agreements to 
              allow State-backed financing and toll-setting by the State 
              Transportation Commission, and management by WSDOT of future 
              operations of the project. Permits necessary for design-build 
              construction to begin have been obtained, right-of-way has been 
              acquired for construction, and the construction team is ready to 
              proceed. When constructed, the bridge will be the longest 
              suspension bridge constructed in the U.S. since the opening of the 
              Verrazano Narrows Bridge in 1961.  Baltimore Eyes Transit Expansion
 
 
 Maryland transit officials 
              have unveiled a draft rail-system plan that would double the size 
              of the existing rail system in Baltimore. 
              The Baltimore Regional Rail Plan Committee was appointed by 
              Maryland Transportation Secretary John D. Porcari to study new 
              transit corridors for the Baltimore region. "Transit is the key to 
              providing the effective transportation network Maryland and the 
              Baltimore region must have to meet the needs of our citizens," 
              said Porcari in the Baltimore Sun. "If we are to compete 
              effectively for the limited transportation dollars that Congress 
              will allocate in 2003, we as a region must formulate a plan that 
              meets our needs in the days ahead and prioritize our major transit 
              projects. The work of the Baltimore Regional Rail Plan Advisory 
              Committee is helping us make these important decisions. The 
              committee is laying the ground work for the next generation of 
              transit in Baltimore." 
               The plan proposes 52 miles of rail lines in the Baltimore 
              region, recommending 54 new stations, bringing the total Baltimore 
              Region Rail system to 95 miles and 112 stations. Four rail-lines 
              have been proposed, with stops at destinations such as shopping 
              centers, universities, hospitals, and it is reported that even a 
              stop at the Johns Hopkins Biotech Park is planned. 
               The proposal has set forth a number of positive impacts of the 
              system, but has not fully defined which rail mode (i.e. Light 
              Rail, Subway, or MARC) would be constructed, not to mention the 
              issues of costs and funding. However, the Baltimore Sun reported 
              that when officials were pressed for an estimate, they said the 
              proposal could exceed $5 billion. This project will be the basis 
              for a funding request as part of the federal transportation 
              funding legislation. 
               The Advisory Committee is expected to evaluate feedback from 
              public workshops being held on the plan and then make final 
              recommendations to the Maryland Department of Transportation in 
              March. More detailed information on the proposal can be found at 
              their website. 
               AASHTO 
            Sponsors "CSD-100 Symposium" May 2-3, 2002, Seattle, Washington
 
 
 Lessons from the European 
              approach to context sensitive design will be the focus of a 
              two-day symposium May 2-3 in Seattle co-sponsored by AASHTO and 
              the Federal Highway Administration. 
              Entitled CSD-100 - Main Street America Meets Main Street 
              Europe, this symposium is managed under the International Exchange 
              Program and is a major implementation effort resulting from a 
              European technical scanning tour in June 2000. The symposium 
              features speakers from the Netherlands, United Kingdom, Germany, 
              and Denmark as well as speakers from several states. 
               This symposium is geared to AASHTO and FHWA executives to help 
              them understand how European countries have established context 
              sensitive design policies that work to integrate community values 
              with environmental concerns - while still meeting the safety and 
              mobility needs. The Symposium is limited to 100 executives. The 
              program includes presentations, panel discussions, and tours of 
              Seattle area communities where context sensitive design solutions 
              have been applied in various situations throughout the 
              metropolitan area. The program also includes a formal update of 
              AASHTO initiatives that are underway under AASHTO Task Force on 
              Context Sensitive Design. 
               For more information, call TDC Partners, AASHTO's symposium 
              coordinator, toll free at 866-475-3126 or go directly to the web site. Please 
              note that since attendance is limited to 100 executives, early 
              registration is important.  NHTSA Administrator Announces 
            Multicultural Outreach Web Site
 
 
 The U.S. Department of 
              Transportation's National Highway Traffic Safety Administration 
              (NHTSA) has unveiled a new multi-cultural outreach website to raise 
              awareness about the importance of traffic safety. 
              The site makes customized traffic safety materials and 
              information available to potential users within the minority 
              community. "NHTSA is committed to working with diverse national 
              and community groups to develop and market culturally specific 
              programs and materials to raise awareness about the importance of 
              traffic safety among all Americans," said NHTSA Administrator Dr. 
              Jeffery Runge. 
               The site provides information on how minority communities are 
              disproportionately affected by traffic safety problems and 
              contains materials to help prevent crashes, save lives, educate, 
              prevent injuries and reduce traffic related health care and other 
              economic costs. 
               According to NHTSA, motor vehicle crashes are the leading cause 
              of death in the given age ranges: Hispanic (ages 1-44), African 
              American (ages 1-14), Asian American (ages 1-24) and American 
              Indian (ages 1-44). 
               The site contains research reports, statistics, complete kits, 
              brochures, posters and camera-ready artwork for community groups 
              to download, reprint, and distribute to their constituencies. 
               Virginia 
            Redrafting Transportation Plan
 
 
 Facing a financial crisis, 
              the Virginia Department of Transportation is going back to the 
              drawing board to develop a new six-year program, according to 
              Interim VDOT Commissioner Ray D. Pethtel. 
              Pethtel, who served as the VDOT Commissioner from 1986-94, was 
              called upon by Governor Mark R. Warner to "reshape the six-year 
              plan because the previously approved program had unrealistic 
              assumptions, overly optimistic revenue estimates and greatly 
              understated costs." Warner, the newly elected governor, called for 
              a "realistic and achievable transportation program." 
               Transportation Secretary Whittington W. Clement said in a 
              statement that "This will involve deep and significant cuts, but 
              this must be done in order to bring credibility and reliability 
              back into the transportation program." 
               Pethtel told the state legislature that potential budget 
              impacts could reduce the six-year plan by an annual average of 
              $371 million, a cumulative reduction of $2.2 billion. Following 
              public hearings, the new six-year plan will be considered by the 
              Commonwealth Transportation Board in June. 
             FHWA Senior 
            Executive Service (SES) Correction
 
 
 The Federal Highway 
              Administration (FHWA) is recruiting for the position of: Director 
              of the Office of Asset Management. 
              The Director of the Office of Asset Management position is 
              located in Washington DC and has a salary range of $125,972 - 
              $138,200 per year. The Director provides executive program 
              direction and strategic planning is assisting States to 
              systematically develop, implement, evaluate, and upgrade highway 
              and related transportation assets efficiently and 
              cost-effectively. 
               The title of the position was incorrectly stated in the 
              February 15 AASHTO Journal. The Journal staff regrets the error. 
               AASHTO 
            Appointments
 
 
 President Bradley L. Mallory 
              made the following appointments to AASHTO's Standing Committee of 
              Highways Traffic Safety filling vacancies: Kevin Keith, Missouri, 
              Douglas J. Weiszhaar Minnesota, and Kenneth C. Wood, Illinois, 
              have each been appointed to four-year terms representing Region 3. 
              Toby Rickman, Washington State, has been appointed to a four year 
              term representing Region 4. 
       
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