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Issue Background Scope of the U.S. Highway Network The United States has 3.9 million miles of roadway, of which 3.1 million are rural roads. Ninety-six percent of all roads and streets in the U.S. are under the jurisdiction of state and local governments. Approximately 169 thousand miles are under the jurisdiction of the federal government and includes roads in national forests and parks, and on military and Indian reservations. Currently, about 61 percent of all roads and streets in the U.S. are paved, compared with about 27 percent in 1953. Total road and street mileage has increased approximately 16 percent since 1953. Paved mileage, however, has increased 147 percent. Approximately 24 percent of the nation’s road mileage is eligible to receive federal aid through the Federal-aid Highway Program. This mileage, however, carries about 85 percent of total U.S. highway travel. The 46,000-mile Interstate Highway System, initiated by Congress in 1956 and the largest public works project in history, is the backbone of the federal-aid system. Initial construction on the Interstate System is now virtually complete. The Interstate system accounts for just over one percent of the nation’s total road mileage, but handles about 22 percent of the nation’s total road travel. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) set in motion the framework for developing a strategic federal investment program designed to upgrade those existing highways and bridges that serve a national interest. The law directed the U.S. Secretary of Transportation to designate, in consultation with the states, a 163,000-mile "National Highway System" (NHS) to serve as the focal point for future federal highway and bridge capital investments. The NHS designation became law in November 1995. The NHS helps focus future federal highway funding on international and Interstate routes, as well as on roads that serve major population centers, ports, airports, and international border crossings. While the NHS includes only four percent of the nation’s existing highway mileage, it is the mileage that carries 40 percent of total vehicle-miles traveled in this country including 80 percent of all tourist travel and 75 percent of all heavy truck travel. Specifically, the NHS includes the 46,000-mile Interstate Highway System, existing major urban and rural arterials, the 15,000-mile defense strategic highway network, and strategic intermodal highway connectors. The NHS reflects the major demographic and travel changes that have occurred in this country since the designation of the Interstate Highway System over 40 years ago. Highway travel in the U.S. has increased as the population has grown, as more women have entered the workplace, and as jobs have been created outside of urban centers. Travel on the federal-aid system has risen approximately 40 percent since 1980. The greatest growth, over 60 percent, occurred on segments of the Interstate Highway System in urban areas. Travel on all roads and streets has increased more than 30 percent since 1980. There are 182 million highway users-licensed drivers-in the U.S. They operate 212 million motor vehicles: 130 million automobiles, 78 million trucks and buses and four million motorcycles. Annual travel by motor vehicle has reached 2.6 trillion miles over 12 thousand miles per year, per vehicle. The personal motor vehicle (automobile, light truck, van and motorcycle) is the predominant form of personal transportation in the U.S. Privately owned vehicles account for 91 percent of all personal travel. By way of comparison, air transportation (commercial and general aviation) accounts for approximately five percent of personal travel; public transit accounts for two percent; rail, less than one percent. Walking, biking and school buses account for the remainder. Highways and the U.S. Economy There is a strong relationship between the Nation’s economy and travel on the Nation’s highway system. Since the 1930s, growth in the Gross National Product (GNP) and vehicle-miles of travel (VMT) reflect strikingly similar patterns (with the exception of the World War II years). Since the early 1980s, VMT has grown at a slightly higher rate than the GNP. The efficient movement of food, raw materials and manufactured products from place of origin to export facilities is key to America’s competitiveness in the world marketplace. With a land area of 3.6 million square miles, however, we face transportation challenges unique among the world’s economically developed nations. For example, according to the U.S. Department of Transportation, the average freight trip by truck in the U.S. is almost 400 miles in length. Road transportation accounts for 16 percent of GNP and 60 percent of all U.S. spending on transportation. In 1990, trucks handled slightly more than 25 percent of all U.S. freight-ton miles up from 22 percent a decade earlier. Obviously, a very significant portion of the cost of U.S. goods is directly related to the cost of highway transport. To improve U.S. competitiveness, a high quality national highway and bridge network is essential. After housing (31 percent), transportation (almost 18 percent) accounts for the largest single household expenditure. According to U.S.D.O.T., highways in poor condition cost users as much as 25-30 percent more per mile than highways in good condition. And every one percent increase in highway user costs adds about $15 billion to the nation’s total highway bill, including increased vehicle depreciation and maintenance, fuel, oil, and tire consumption. A 1993 study by the Texas Transportation Institute found traffic congestion due to inadequate capacity introduces over eight billion hours of delay on the Interstate Highway System and other principal arterials, compared to uncongested conditions, adding billions in costs to interstate commerce. According to the study, congestion in the nation’s 25 largest urban areas costs motorists $43 billion annually in wasted time and motor fuel. In 1995, the Federal Highway Administration reported 55 percent of urban Interstate mileage is congested during peak travel hours. Highway & Bridge Conditions & Capital Investment Requirements The U. S. DOT is required by law to prepare a report for Congress every two years that details the condition and capital investment requirements of the U.S. highway and bridge network. The last report was issued in November 1998. It found:
On all other arterial systems, 28 percent of the bridges were classified as deficient.
According to the 1997 report, actually improving the nation’s highways and bridges to meet strategic economic and safety goals would require a total annual investment of $79.6 billion over 20 years. Federal policymakers should recognize that America will need additional highway capacity to meet transportation demand driven by changing demo/images and public and business needs. Federal surface transportation law should not be used as a tool to advance anti-highway and anti-growth social policies. Provisions of existing law that support these agendas should be eliminated. Objectives Guiding Development of the ARTBA Highway Policy The American Road & Transportation Builders Association believes the U.S. highway program must emphasize the following objectives:
These fees, which should be imposed by government, must be raised as necessary to provide a continuing source of funding for the highway program.
Improved rideability and pavement durability should be program goals.
Highway Financing Issues Support of the User Fee Concept ARTBA believes the cost of building and maintaining highway infrastructure should be borne primarily by highway users through the imposition of dedicated fees, excises, and tolls. Americans realize that greater investments in highways and bridges are needed to keep them safe and efficient. And opinion research shows that a solid majority support dedicated increases in highway user fees for these purposes. In light of documented, unmet surface transportation needs, highway user fee revenue should only be used to finance highway, bridge and mass transit infrastructure capital improvements. Permanent Extension of the Highway Trust Fund There will always be a need for federal investment in the nation’s highway and bridge system. ARTBA supports permanent extension of the federal Highway Trust Fund-and funding mechanisms to support it-to ensure that adequate financial resources are available to meet the federal role. Opposition to "Unified" Trust Fund Proposals to create a single federal transportation trust fund or a "surface transportation trust fund" should be rejected. Such an entity would promote further diversion of highway user revenues to non-highway purposes. Increasing Motor Fuels Taxes to Meet Highway Capital Needs ARTBA supports a 10 to 15 cents-per-gallon increase in the federal motor fuels tax, dedicated to the Highway Trust Fund, to finance highway and bridge capital improvements on the federal-aid system. This action is necessary to raise the amount of revenue the U.S.D.O.T. reports is needed just "to maintain existing conditions" on the system. State and local governments should increase their motor fuel taxes to the level necessary to fully participate in the federal-aid program. Indexing Highway User Fees ARTBA urges all levels of government to seriously consider indexing highway user fees-including motor fuels excises to the Consumer Price Index to assure that these fees rise commensurate with increases in inflation. This action would help preserve the purchasing power of the highway and bridge improvement program. Combating User Fee Evasion To ensure that all federal transportation user fees are collected as intended, federal and state activities aimed at combating tax evasion in this area should be continued and expanded. Experience at both the state and federal levels suggest that even modest resources expended in this effort yield very significant financial returns. As an example, diesel fuel tax revenues increased by nearly $1 billion in fiscal year 1994, largely as a result of joint U.S.D.O. T. and Internal Revenue Service and state revenue department efforts. This activity has the potential to add substantial revenues to the trust funds for capital investments and should continue to receive federal support. Equal Taxation of Highway Use Energy ARTBA believes all energy sources utilized to power vehicles that use the nation’s highway and bridge system should be taxed to pay for system improvements through the Federal-aid Highway Program. The excise should be at least equivalent to that currently levied on gasoline. Energy Efficient Vehicles ARTBA encourages the development and use of more energy efficient highway vehicles. We caution, however, that there is a direct relationship between fuel efficiency and highway user fee collections. As the nation’s highway vehicle fleet becomes more energy efficient, highway user fees must be appropriately adjusted upward to ensure that the revenue stream necessary for highway and bridge improvements is not compromised. Highway Funding Sanctions ARTBA opposes the concept of linking the availability of federal highway funding to state and local government compliance with federal mandates of any sort. Minimum Allocation to States ARTBA believes the federal government should guarantee that each state will receive back in the form of federal highway funding at least 90 percent of the highway user fee revenue that it sends to the federal government. Authorizations & Appropriations ARTBA believes Congressional authorizations for the Federal-aid Highway Program should be set at a level that will ensure full and timely utilization of all revenues collected for the Highway Trust Fund. The annual obligation for the highway program should at least match the level of highway user fee revenue flowing into the Highway Account of the Highway Trust Fund. Consistent and predictable federal funding is essential to operating orderly and cost-effective state highway improvement programs. Capital Budgeting & Budgetary Treatment of HTF ARTBA urges the federal government to adopt a capital budget that differentiates between federal capital investments in public infrastructure and the general day-to-day operating expenses of government. This accounting procedure is used by most state governments and many other nations. Such an action would help ensure that highway user revenue is not impounded and that artificial spending ceilings are not placed on the user-supported "pay-as-you-go" federal highway program. In the least, since the highway program is self-sustaining and is not responsible for deficit spending, it should be separated from the federal unified budget and exempted from any general spending caps or other "across-the-board" deficit reduction measures enacted by Congress or the Executive Branch. Toll Facilities ISTEA of 1991 allows the use of federal funds in the development of privately-owned toll facilities. TEA-21 establishes a pilot program under which tolls may be collected on three separate interstate highways (in different states) for reconstructing or rehabilitating a highway that could not otherwise be improved. ARTBA believes state transportation agencies should also be permitted to use federal funds to develop new toll highways. The toll road demonstration provision of the Surface Transportation and Uniform Relocation Act of 1987 (Section 120) was a first step in this direction. ARTBA also believes:
The purpose of this action would be to allow states to use the toll revenue realized to repay bonds issued to finance these improvements.
Alternate Financing Methods ARTBA believes the imposition of motor fuel excises at the federal, state and local levels should continue to serve as the primary funding mechanism for highway and bridge improvement programs. Recognizing the enormous cost associated with meeting highway capital needs, however, other "non-traditional" funding mechanisms should be considered for use when appropriate to supplement motor fuels excise revenue. These could include although are not limited to expanded use of toll highways and bridges, public-private ventures, and creation of other financing mechanisms like infrastructure banks and revolving loan funds. These mechanisms should not be advanced for the purpose of reducing existing levels of highway user taxes, avoiding necessary increases in highway user fees, or diverting highway user generated revenue to non-highway uses. Public-Private Ventures While public financing is ARTBA’s preferred method of funding transportation infrastructure improvements and operation, we recognize that private investment is also necessary if the nation is to meet its transportation capital needs. ARTBA believes the public interest can be served well through public-private ventures or partnerships in transportation development. ARTBA further believes that public-private ventures should be structured so that each sector provides what it can most effectively contribute. Such recognition of expertise should maximize project success and protect all applicable public interests. In support of these pursuits, we recommend:
Proposals have been suggested that would establish federal and/or state revolving loan structures, or so-called "Infrastructure Banks," to leverage funding for capital investment. While ARTBA encourages the development of innovative financing mechanisms as additive funding sources for transportation infrastructure investment, given the existing shortfall in highway and bridge capital investment relative to identified needs, such "banks" or loan programs should not utilize Highway Trust Fund revenues to pay for non-highway programs or investments. State participation in such programs should be optional. States must also be assured that non-participation will not adversely affect their federal highway apportionment and that total "traditional" federal highway program funding is not reduced to accommodate such financial structures. Highway User Fee Exemptions To assure equity in taxation and maximize receipts to transportation trust funds so that highway capital needs can be met, ARTBA urges all levels of government to eliminate exemptions from the motor fuel excise and other highway user fees. Federal-aid Highway Program Issues The Role of the Federal Government ARTBA believes the federal government has a major role to play in the development and maintenance of an efficient national highway and bridge network for the following reasons:
A national, coordinated system of well-maintained highways and bridges with intermodal linkages must exist in support of interstate commerce and commercial export.
To meet this responsibility, the federal government should ensure that efficient transportation facilities are available to expedite emergency military and industrial mobilizations and support civil defense needs and activities.
For these reasons, ARTBA believes the federal role should include adequate provision of financial, technical and research assistance to the states for highways and bridges. Working in full cooperation with the states, the federal government should also assume the lead role in developing and promoting uniform standards and guidelines for highway and bridge design, maintenance and operations. Consistent and predictable federal funding is essential to operating orderly and cost-effective state highway improvement programs. The Role of State & Local Governments State and local governments are the owners and managers of the nation’s highway and bridge network. ARTBA believes:
In pursuit of these goals, states should make every effort to incorporate state-of-the-art design standards and products in their highway and bridge plans. Joint Federal-State-Local Responsibilities The highway improvement program must operate as a true partnership between the federal, state and local governments to best serve national interests and user/financial supporters. All levels of government must diligently monitor transportation improvement needs and continue to dedicate motor fuel excise revenue to highway improvements. Competitive Bidding System The practice of awarding highway construction contracts to the lowest responsible bidder in open competition with other interested and eligible firms has helped ensure integrity in the bidding process. It has also saved taxpayers hundreds of millions of dollars. ARTBA staunchly supports the free enterprise system of open competitive bidding for highway projects. "Union-Only" Labor Agreements A provision should be added to federal law that prohibits the use of union-only project agreements on federal-aid highway projects. Such agreements are counter to the free enterprise system of open competitive bidding. Davis-Bacon Act ARTBA supports reform of the Davis-Bacon Act. This law requires the payment of local "prevailing wages" on federal-aid transportation projects and addresses other labor-related issues. ARTBA believes Davis-Bacon reform should include, but not be limited to:
The threshold for application of the Act should be $500,000. Qualifications-Based Selection To assure state-of-the-art, high quality projects, contracts for professional services such as transportation planning, design and construction management, should be procured by Qualifications Based Selection procedures. Contracts for these services should be based on salaries and overhead in accordance with Title 48 (Federal Acquisition Regulations), Sec.15.901 (c). Application of FARS To Professional Services Contracts To assure equitable compensation and fair competition, federal surface transportation law should require: (a)the use of Federal Acquisition Regulations (FAR) cost principles in audits conducted on engineering and design service contracts or subcontracts "funded in whole or in part" with federal-aid highway or transit program funds; and (b) that recipients of federal funds accept the results of pre-award audits that meet the following criteria-were established in accordance with FAR cost principles; were conducted within one year of the current contract negotiations; and were not under dispute. Further, compensation for these contracts should be determined on the basis of FAR cost principles without modification or limitation. Highway Safety ARTBA believes that building safety into the highway system should be a top priority of transportation policymakers, planners and appropriators at all levels of government. More than 41,000 people were killed in motor vehicle accidents on U.S. roads during 1997. Highway-related deaths and injuries cost American society an estimated $150.5 billion per year. Clearly, highway safety should be a paramount public health interest. The good news is that experience has proved that emphasizing safety features in the design, construction, reconstruction and operation of highway facilities does save lives. The U.S. highway fatality rate has dropped 64 percent since 1970, from 4.5 per hundred million vehicle miles traveled, to 1.75. ARTBA strongly encourages and supports:
Highway reconstruction is increasingly being done under traffic conditions. The safety of industry employees and motorists in these construction work zones is of special concern to ARTBA. In any highway construction site, effective traffic control plans should be implemented, traffic control devices and other appurtenances should be properly maintained. ARTBA supports federal encouragement of training, education and voluntary certification programs for personnel responsible for traffic control at highway construction sites. Experience has shown that public awareness programs aimed at motorists can help to reduce the number of accidents in these work sites. ARTBA encourages the U.S.D.O.T. and all state transportation departments to initiate and/or continue these programs. ARTBA’s highway safety policy is more fully developed in the Intermodal Transportation Safety Policy section. Support of Unit Pricing To help avoid contractual misunderstandings, to the extent possible, bid proposals for Federal-aid surface transportation contracts should be required to use unit pricing. This would give the contractor a much better understanding of the actual work and project-related activities (i.e., lead health and safety programs) that he or she is being asked to perform. It would also serve to enhance work zone safety activities. Highway Quality The American highway and bridge network stands as testament to the high quality construction and design work of ARTBA members. Most U.S. highways and bridges provide service well beyond their anticipated design life and traffic usage. We recognize, however, that the pursuit of quality and an improved highway product is never ending. ARTBA supports the goals of the "National Highway Quality Initiative," which it helped develop in 1992 in cooperation with the Federal Highway Administration, American Association of State Highway and Transportation Officials, and other interested national organizations. Policymakers and the public must recognize that highway durability and the quality of highway construction, while certainly linked, are not necessarily synonymous. Highway durability is directly related to public owner agency decisions regarding pavement design life, materials specifications, allowable vehicle weights and routine maintenance. Most of these decisions are directly related to the level of public investment government is willing to make in a highway project both initially and over time. ARTBA believes highway users are willing to pay more to build increased durability into our roads and to ensure routine preventative maintenance-because such investments will save tax dollars over the long term. We encourage state and local governments to make durability a top priority as they develop highway project specifications. Similarly, we encourage the federal government to provide the states with the financial resources necessary to build a 40- to 50-year design life into the NHS as routes on it that have reached the end of their original design life are reconstructed. The Interstate Highway Program Initial construction of the 46,000-mile Interstate Highway System, initiated in 1956, is virtually completed. The federal focus should now turn to maintaining this multi-billion dollar investment that is a keystone of the U.S. economy and provides all Americans with unparalleled mobility. The Interstate System carries traffic loads far exceeding those projected when the system was originally planned almost four decades ago. And much of the system has exceeded its original 25-year design life and needs very significant repair and rehabilitation. According to the U.S.D.O.T.’s 1997 report to Congress on the condition and investment requirements of the nation’s highway and bridge network, 13,500 miles of Interstate Highway System pavement (29 percent of the system’s total mileage) are in either "poor" or "mediocre" condition. Over 10,000 miles are rated in only "fair" condition. The same report says that 13,660 bridges on the Interstate System 25 percent of the total are deficient and in need of repair or replacement. The Interstate System is the central highway network within the new 163,000 mile NHS that became law in November 1995. ARTBA believes a national financial commitment should be made now to dramatically upgrade pavement durability on the Interstate Highway System to enhance serviceability and save tax dollars over the long term. We suggest that a systematic repair, replacement, rehabilitation and reconstruction program be initiated with the goal of replacing existing pavement on the entire Interstate System with pavements that have a 40- to 50-year design life by 2025. Several Western European nations have demonstrated that such durability can be achieved with adequate public investment in materials and routine maintenance using U.S.-derived construction and design techniques and equipment. ARTBA supports an increase in federal highway user fees for this purpose. Traffic congestion on the urban portions of the Interstate System is having an increasingly negative effect on the movement of commercial goods. It also is a contributing factor in motor vehicle-related air pollution. This congestion is the result of an ever increasing U.S. driving population and significant changes in the American workplace that have occurred since the Interstate Highway System was originally planned (increased number of women in the work force, growth in service and light manufacturing industries, "just-in-time" delivery and warehousing, etc.). Transportation and air quality planners should give very serious consideration to building capacity improvements to the Interstate System in these areas as part of a joint economic/clean air strategy. National Highway System The 163,000 NHS is critical to the national economy, defense and American quality of life. Although it represents only four percent of the nation’s highway mileage, the NHS handles 40 percent of the nation’s highway traffic, including 70 percent of commercial travel. According to the U. S. DOT, a $145 billion investment over 15 years is needed to eliminate pavement deficiencies on the NHS. The NHS helps focus future federal highway funding on international and Interstate routes, as well as on roads that serve major population centers, ports, airports, and international border crossings. Specifically, the NHS includes the 46,000-mile Interstate Highway System, existing major urban and rural arterials, the 15,000 mile strategic defense highway network, and strategic intermodal highway connectors. The NHS reflects the major demographic and travel changes that have occurred in this country since the designation of the Interstate Highway System nearly 40 years ago. Much of the NHS is in need of major repair or replacement. According to the U. S. DOT, an annual investment of $21.5 billion is needed just to maintain current conditions on the NHS. Of that amount, $12.5 billion is attributed to its Interstate highway portion. To improve NHS conditions, U. S. DOT says an annual investment of $29.6 is necessary. ARTBA urges Congress to ensure that the NHS is adequately funded to meet the capital needs identified by the U. S. DOT. ARTBA supports an increase in the federal motor fuels excise for this purpose. Assuring adequate funding to maintain the NHS as a first-class transportation network should be a priority of surface transportation program reauthorization legislation. Bridges The U.S.D.O.T.’s 1997 report to Congress on the condition and investment requirements of the nation’s highways and bridges shows 93,197 of the 214,328 bridges on the federal-aid system are deficient. This includes 13,660 on the Interstate System. The report says $145 billion is required to eliminate the backlog of bridge deficiencies through replacement, rehabilitation or major widening. Approximately $3.5 billion per year is currently authorized for federal bridge investments. ARTBA encourages Congress to significantly increase federal funding for bridge repair and replacement and continue discretionary funding for high-cost bridge projects. Proper investment should be made on individual projects to ensure that the highest quality materials and state-of-the-art technologies are used on federal-aid bridges. ARTBA believes the federal government should establish uniform bridge inspection standards so that bridge funding priorities can be established. The choice between whether to rehabilitate or replace a structurally deficient bridge should be based on careful inspections and detailed cost comparisons that consider safety, future maintenance, environmental and social impact, and operational costs. Such studies, design services and bridge inspections should utilize professionally qualified engineers. We also encourage the federal government to take the lead in developing and coordinating a national information system that would catalogue and share technical experiences and expertise in the areas of bridge repair and rehabilitation. Non-NHS Highways and Bridges While the focus of the federal program should be providing adequate resources to maintain a first-class NHS, ARTBA also supports a strong federal commitment to helping meet non-NHS highway and bridge needs. Surface Transportation Program ISTEA of 1991 created the Surface Transportation Program (STP) to serve as the funding mechanism for non NHS routes that were previously on the federal-aid Primary, Secondary and Urban systems. Greater financial support for these highways is necessary to meet identified capital needs. Upgrading STP routes must remain a priority to help reduce urban congestion and improve rural mobility. Intermodality ARTBA believes it is essential that highway transportation be integrated with other transportation modes to serve the nation’s defense, enhance its competitiveness in world markets, and improve mobility for all Americans. We support and encourage efforts to improve highway access to ports, airports, rail lines and terminals. Flexibility in Use of Federal Highway Funds ARTBA believes state and local governments should be given the flexibility to allocate their share of federal funding within the framework of the Federal-aid Highway Program as they see fit, providing that national highway needs within their state are met. Providing flexibility to transfer highway program funds to non-highway activities, however, raises concern. Shifting limited highway funds to other purposes delays needed highway and bridge capital improvements. With the U.S. Department of Transportation reporting $290 billion in backlogged highway and bridge investment needs, Highway Trust Fund Highway Account dollars should be earmarked exclusively for highway and bridge improvements. The Highway Trust Fund Mass Transit Account dollars should be earmarked exclusively for public transportation infrastructure capital improvements. Highway Trust Fund Highway Account dollars should not be used to support Amtrak and/or other rail programs. State & Local Decision-Making Authority Congress has given state transportation departments and metropolitan planning organizations (MPO’s) broad authority and responsibility for planning, prioritizing and developing highway and bridge projects that qualify for federal aid. In carrying out these responsibilities, it is essential that states continue to be allowed to streamline federal program requirements, particularly in the area of project oversight where certification is required. The Planning and Project Selection Processes ISTEA created new responsibilities (MPOs) in the areas of project selection and funding. Implementation has effected significant shifts in the decision-making roles of state and local governments. Congress should examine where the process has worked and where difficulties have been encountered and make appropriate adjustments. Wetlands & Environmental Permitting ARTBA supports reasonable protection of environmentally-sensitive wetlands with policies that balance protection with economic realities and public mobility requirements. We believe, however, that the current federal definition of what constitutes a "wetlands" is too ambiguous. This ambiguity is being used by those who advocate "no-growth" agendas to stop or delay needed transportation improvements at an enormous cost to the American taxpayer. ARTBA urges Congress to more precisely define the term "wetlands area" so that wetlands are easily recognizable to landowners and transportation planners. We would define a wetlands as follows:"If a land area is saturated with water at the surface during the normal growing season, has hydric soil, and supports aquatic-type vegetation, it is a functioning wetlands." We also urge Congress to:
High value, environmentally sensitive areas that provide a full range of wetlands values and functions should be more strictly regulated than they are now under federal law. On the other hand, regulatory requirements for wetlands of lesser or marginal function and value should be relaxed.
The authority to perform environmental reviews, prepare environmental impact statements, and issue environment permits should be given to one federal agency, the U.S. Army Corps of Engineers. ARTBA supports the concept of wetlands mitigation banking. Clean Air Policies & Regulations/Support of Clean Technologies ARTBA believes technology based solutions, not efforts to restrict highway mobility, are the key to successfully reducing air pollutants. Real world experience shows that this approach works. The U.S.D.O.T.’s 1995 report to Congress on the condition and investment requirements of the nation’s highways and bridges states "There has been significant progress in reducing the overall levels of four major (carbon monoxide, lead, nitrogen dioxide and ozone) transportation-related air pollutants over the last decade." The report says transportation sources were responsible for most of the emission reductions. The U.S. Environmental Protection Agency (EPA) reports that although motor vehicle travel increased 125 percent between 1970 and 1996, highway-related emissions of carbon monoxide dropped 40 percent over the same period. Similarly, highway-related emissions of the two chemical compounds-nitrogen oxide and volatile organic compounds which form ozone, the main contributor to urban smog, decreased by 3 and 58 percent, respectively. Highway-related particulate matter emissions (PM10) have declined by 38 percent and carbon monoxide emissions have dropped by 40 percent over the last 26 years. According to EPA, motor vehicles built today emit 60 to 80 percent less pollutants than those built in the 1960s. So as older vehicles are replaced with new ones, the nation’s motor vehicle fleet will become ever more "cleaner." Changes in the formulation of gasoline and increased use of alternate motor fuels also contribute to cleaner motor vehicle travel. ARTBA urges auto manufacturers and energy producers to continue and accelerate research that will lead to even less polluting motor vehicles, fuels and power sources. The federal government should be a full and supportive partner in this effort. ARTBA also believes that to achieve further significant improvements in air quality, the federal government should place much greater emphasis on reducing emissions from non-highway sources. While highway-related emissions have dropped dramatically over the past two decades, EPA reports that emissions from non-highway sources, such as electrical utilities, industrial processes and household equipment, have only dropped slightly or actually increased. Clean Air Policies & Regulations/Easing Traffic Congestion Traffic congestion is a contributing factor in auto emissions, although research has conclusively demonstrated that almost half of the air pollution caused by motor vehicles occurs during "cold starts" and not while the vehicle is being driven. To help curb air pollution resulting from traffic congestion, ARTBA supports and encourages highway-related solutions like construction of additional capacity to the highway system where appropriate, development of Intelligent Transportation Systems (ITS), and implementation of traffic management solutions like ramp metering, increased real time signage, improved emergency road service, and better coordination of traffic signals. Clean Air Policies & Regulations/Clean Air Act Amendments of 1990 The Clean Air Act Amendments of 1990 (CAAA) require state and local governments to use computer modeling techniques in the development of state air quality and transportation plans. It also requires them to initiate specific transportation mobility control measures if the area is not in compliance with federal clean air standards. Failure to meet the CAAA air quality targets will result in sanctions against the states, including withholding of federal highway funds. Computer models used in this area of science are extremely imprecise, at best. Confounding factors-sometimes unknown-and bias inherent in the selection of assumptions and the setting of parameters can affect modeling results and interpretation. Further, real world experience has demonstrated that the mobility control measures called for in the CAAA will not be effective in meeting clean air standards. Both of these concerns are documented in the August 1993 U.S.D.O.T./EPA report to Congress "Clean Air Through Transportation: Challenges in Meeting National Air Quality Standards." For these reason, ARTBA urges Congress to:
Particular attention could be focused on the mandates for transportation control measures.
ARTBA opposes the use of highway funding sanctions to achieve clean air standards. In their place, the federal government should provide positive financial incentives to states that reach air quality goals. Modification of Financial Constraint Provisions Federal requirements that strictly limit state Transportation Improvement Plans (TIPs) and State Transportation Implementation Plans (STIPs) to current resources should be modified to allow for the delay or cancellation of programmed projects. States and metropolitan planning organizations (MPOs) should be permitted a reasonable level of over-programming to assure that all available federal funding is utilized. ARTBA also believes that constraining MPO plans to current resources is inappropriate and counterproductive. MPO plans should define workable solutions to projected needs and be used to define funding needs, regardless of current revenues. Application of Cost-Benefit Analysis & Regulatory Streamlining Rigorous cost-benefit analysis should be required for any federal regulation that impacts transportation development. In general, regulations resulting from ISTEA of 1991 were overly prescriptive, resource intensive, and have added great cost to highway projects and program administration for little benefit. ISTEA provisions ripe for such analysis are those dealing with metropolitan planning regulations and the management systems ostensibly required to deal with traffic congestion, public transportation and intermodal systems. Congress, with input from state and local government, the private sector, and the public, should aim to eliminate or streamline existing regulations. Partnering ARTBA believes the partnering process should be implemented on all highway projects-from conception through construction. It is essential that partnering includes the project’s design engineers, contractor, subcontractors, and public owner. Systems Management The pavement, bridge, public transit, safety, intermodal and congestion management systems mandated by ISTEA of 1991 should be encouraged, but made voluntary. In the least, the reauthorization legislation should exempt unpaved roads from the pavement management system. In regard to other management systems, a similar, narrower scope of applicability should be developed by the U.S.D.O.T. in cooperation with the responsible state and local agencies. Disadvantaged Business Enterprise Program The Disadvantaged Business Enterprise Program, mandated in the 1980s, did not help minorities and women establish viable firms that can successfully compete for transportation construction contracts in an unprotected market over the long term. It has, however, perhaps unintentionally, created unfair competition, particularly in specialty fields of highway work that puts non-minority, non-women-owned firms at a distinct disadvantage in bidding work. Congress should end these set-aside programs and mandates for Federal-aid highway design and construction work. In their place, Congress could consider providing federal support for race and gender neutral programs that focus on providing management training, technical skills, business loans, bonding and insurance opportunities for those interested in being qualified and competitive in the transportation design and construction fields. If there must be a percentage of work "goal" for inclusion of minority- and women-owned firms in the awarding of transportation construction contracts, ARTBA believes it should be a "single" goal. Incentive/Disincentive Clauses ARTBA supports the inclusion of incentive/disincentive clauses in highway construction contracts. This practice rewards contractors who utilize good management practices and innovative techniques and technologies to deliver contracted work prior to deadline. It also reduces inconvenience to the highway user caused by construction activity. Warranting & Guaranteeing Highway Work ARTBA believes quality construction is essential to the success and credibility of the U.S. highway program. And it believes that the nation’s highway and bridge network stands testament to the high quality of the industry’s craftsmanship relative to the level of public investment in the program (See "Highway Quality" policy statement). Policymakers must understand, however, that the Federal-aid Highway System is owned and operated by public agencies on behalf of the taxpayer. Final payment to a contractor for work conducted is not made until the public owner agency has inspected and certified that the project has been built to the specifications that it set forth. Further, highway contractors do not have control over the myriad elements that affect the durability of a highway project (i.e., level of public investment made, initially and in routine maintenance; specification of design and materials that must be used in construction; traffic volume and allowable weights; etc.). For these reasons, ARTBA believes it is unreasonable for government to require a contractor to warrant or guarantee a highway project and will oppose such initiatives. Privatization of Highway/Bridge Maintenance To maximize the federal investment, Federally-aided highways and bridges must be adequately maintained. Experience has shown that contracting out highway and bridge maintenance activities to private-sector firms can save tax dollars and improve efficiency. Surface transportation law should encourage greater use of contracting out for the maintenance of these structures. Research & Development Every effort must be made to ensure that highway users receive maximum benefit from every dollar invested in highway capital improvements. To help achieve this goal, greater emphasis must be placed on public and private highway research and development programs and technology transfer activities that can bring new products, techniques and ideas quickly into the field. In support of these goals, ARTBA urges:
Recycled Materials Federal surface transportation law should encourage, but not mandate, the use of recycled materials in federal-aid highway projects when it is economical and technologically feasible and applied research has provided adequate assurance that human health, safety, the environment and pavement quality are not compromised. Design criteria should not be lowered to allow the use of recycled materials. Promotion of Innovative Technologies & Materials Testing To accelerate the introduction of better materials and more efficient designs, equipment and technologies into transportation development, states should be given the latitude to test new and innovative technologies on Federal-aid highway projects without prior approval from the FHWA. Bridge Formula/Truck Weights ARTBA believes the current federal bridge weight formula should be replaced with the formula developed by the Texas Transportation Institute (TTI-HS20). Such an action would be consistent with the findings of the Transportation Research Board that the current federal bridge formula is "unnecessarily restrictive, particularly in regard to specialty hauling vehicles." ARTBA also supports initiation of a special permit program for specialty hauling vehicles that would permit them to exceed federal axle weight limitations and be exempt from bridge formula requirements when operating on the Interstate Highway System, as long as they do not exceed 80,000 lbs. Heavy Trucks The accommodation of heavy truck traffic results in greater costs to maintain existing facilities and the need to provide increased structural strength on new and rehabilitated roads and bridges. There is a need to complete the necessary research on effective methods to reduce the damaging effect of heavy truck traffic on the highway system and to better utilize the greater capacity of our modern highways and bridges. Use of Highway Right-of-Way ARTBA encourages the use of highway right-of-way for public transportation purposes as long as such use does not limit highway use. Border Infrastructure ARTBA supports and encourages initiatives that will improve highway infrastructure along the U.S.-Mexico and U.S.-Canada borders. Addressing Traffic Diversity Highways must be designed and constructed in ways that assure the maximum safety and efficiency possible for all highway users, recognizing the vast differences that exist in the size and weight of motor vehicles that must share the road. Provisions must also be made on roads and streets for pedestrians, bicycles, mopeds and motorcycles, buses and other high-occupancy vehicles. Pay-for-Performance Contracts It has been suggested by some that a "pay-for-performance" approach be used in contracts for Federal-aid highway work. The concept seeks to tie payment to contractors for work already performed to specification to, among other things, the durability over time of highway pavements-something contractors have little control over. (See ARTBA "Highway Quality" policy statement for extended discussion of this situation.) ARTBA believes this concept would inject subjective judgments into the open competitive bidding process and cause contractors serious financial problems. For these reasons, we oppose "pay-for-performance" contracts. Require Payment of Prejudgment Interest When a contractual claim on a federal-aid surface transportation project is found in favor of the private-sector architect, engineer, or contractor, the owner agency should be required to pay them prejudgment interest on damages, or otherwise provide an equitable adjustment for costs incurred as a result of the claim or change order. Require Owner Agencies To Pay Damages For Delays Currently, owner agencies are permitted to charge contractors for engineering costs associated with Federal-aid surface transportation project delays caused by the contractor. Federal law should require owner agencies to compensate contractors for costs associated with project delays caused by owner decisions or inaction. These costs include those associated with idle labor and equipment. Addressing Latent Defects Highway contractors are paid for work that has been certified by the government owner agency to have met contractual project specifications. Contractors should not be held responsible or financially liable for subsequent problems or latent defects that could be caused by many reasons beyond their control, i.e. inadequate owner agency design or materials specifications; weather; unanticipated traffic volume and loads; unenforced truck weight restrictions. ARTBA opposes the use of the latent defect clause by an owner agency that extends potential liability beyond state statutes of limitations, state statutes of repose, or warranty provisions as applicable. Hours of Service ARTBA believes construction vehicle drivers should be exempt from the hours of service requirements if they operate their vehicles within 100 miles of their home base. U. S. DOT Training Requirements ARTBA believes the U.S.D.O.T. mandated training requirements create an undue hardship on the construction industry and should be repealed.
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