Comprehensive Summary of the FAST Act for Surface Transportation.

1. Association of Metropolitan Planning Organizations Fixing America’s Surface Transportation (FAST Act)April 7, 2016

2. FAST Act • Signed into law December 4, 2015 • Total authorization is $305 billion (all modes) • Provides five year of funding certainty • 92% of highway funds are apportioned ($207b) • First long term bill since SAFTEA LU in 2005 • $75 billion GF transfer into the HTF to pay for the FAST Act and keep the trust fund solvent includes: • $53.3b - Federal Reserve surplus account transfer • $6.9b - Federal Reserve dividend payment reduction • $6.2b -Sell 66 million barrels oil from the SPR

3. FAST Act

4. Modal Funding Authorizations Highways (HTF) Transit (HTF) Transit (General Fund - subject to annual appropriations)

5. MPO Planning Funds PL Funds (highway) PL Funds (transit)

6. Metropolitan Transportation Planning Policy When developing Plans and TIPs “intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities, and commuter vanpool providers” are facilities that should be included as part of the transportation system MPOs boards shall be determined by the MPO bylaws or enabling statutes • Representative of transit may also serve as a representative of a local municipality

7. Metropolitan Transportation Planning Policy MPOs are encouraged to consult with State agencies that plan tourism and, natural disaster risk reduction New Planning Factors to consider – projects and strategies that - improve resiliency & reliability of the system; reduce or mitigate storm-water impacts on surface transportation; enhance travel and tourism The transportation plan shall also identify public transportation facilities and intercity bus facilities

8. Metropolitan Transportation Planning Policy Capital investments under the plan should include strategies to reduce vulnerability due to natural disasters Transportation and Transit enhancements include – “consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”

9. Metropolitan Transportation Planning Policy Public ports are added to the list of interested parties who are to be given reasonable opportunity to comment on the transportation plan Interested parties who are private providers of transportation include intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program

10. Metropolitan Transportation Planning Policy Defines travel demand reduction as also - including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program for TMAs that carry out a congestion management process Adds job access projects to the congestion management process Adds an optional Congestion Management Plan for TMAs – MPO are not required to do this plan

11. Freight Policy Establishes a new 5-year, $6.3b National Highway Freight Program • Funds are apportioned to States to improve movement of freight on the National Highway Freight Network • State amounts based on miles designated as part of the primary highway freight system • Eligible activities include construction, operational improvements, planning and performance measures • By Dec 4, 2017 States must have a freight plan in order to obligate funds • MPOs in areas over 500,000 in population may designate urban corridors in consultation with the state • States designate urban corridors in areas under 500,000 in consultation with MPOs

12. Freight Policy • Nationally Significant Freight and Highway Grant Program • $4.5 billion • Eligible projects - highway freight project carried out on the NHFN; highway or bridge on the NHS • $500m in the aggregate over the 5 years is available for freight intermodal or rail • Applications due April 14 • Projects must have at least $100m in eligible project costs or 30% of States apportioned funds from the prior year (50% for multi-State projects) • Grants must be at least $25m • 10% of annual amounts are set-aside for small projects - grants must be at least $5m • 25% of annual amounts set-aside for rural projects • Grants will fund 60% of eligible costs; State may also use apportioned funds – cap of 80% total federal match • Grant may be used for TIFIA subsidy and admin costs

13. Other Transportation Policy Renames STP as Surface Transportation Block Grant Program (STBGP) Increase STBGP sub-allocation amounts 1% each year up to 55% Repeals the Transportation Alternatives Programs BUT recreates TAP in STBGP and reserves $835m in 2016, 2017 and $850m in 2018, 2019, and 2020 to carry out TAP; remains a 50%/50% split with State; retains the competitive process for applicants 50% of the reserves TAP funds may be used for any STBGP eligible project

14. Other Transportation Policy CMAQ may be used to fund diesel retrofits for port related freight operations CMAQ may be used to fund the installation of vehicle-to-infrastructure communication equipment Provides an exception to the requirement to prioritize funds to project for PM 2.5 in States will low population Specifies that the CMAQ performance plans for MPOs over 1 million in population must include a description of progress made in achieving the “air quality and traffic congestion” performance targets described in law

15. Other Transportation Policy Builds upon the MAP-21 provisions to accelerate project delivery through the Federal environmental review process MPOs must be consulted if tolls are placed on HOV lanes on an Interstate in its planning area Provides an exception to the special rule permitting transit operating assistance in areas over 200,000 in population to allow two or more systems to allocate funds for operations, under a written agreement

16. Public Transportation • Capital Investment Grants (New Starts) • Small Starts are projects seeking federal assistance of less than $100m (was $75m) and with total estimated net capital cost less than $300m (was $250m) • Retains 80% Federal share • FAST specifies that New Starts projects are limited to a maximum program share of 60% • The maximum Federal contribution from all Federal sources to a New Starts project is 80% • Bus and Bus Facilities • Formula – $2.2b over 5 years • New (or returning) Discretionary Competitive Grants- $1.245b over 5 years

17. Amtrak Grants • NEC Account - $450m in 2016 grows to $600m in 2020 • The Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns - For the Northeast Corridor account - all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including appropriations, compensation from commuter rail providers for their share of costs on the NEC, any NEC surplus • Use of funds - Operating, capital, equipment & facilities, principle and interest on loans, on the NEC • National Network Account - $1b in 2016 grows to $1.2b in 2020 • Operating, capital, principle and interest on loans or capital leases attributable to the NN • Funds can be transferred across account under certain account management conditions • Amtrak submits grant request to the Sec for federal funds for capital and operations on the NEC and NN • Sec has 30 day to approves/disapprove the request; Amtrak has 15 days to modify request

18. Intercity Passenger Rail • Establishes the Consolidated Rail Infrastructure and Safety Improvements grant program ($98m in 2016 - $330 in 2020) subject to annual appropriations • Competitive grants to assist in financing the cost if improving passenger and freight rail transportation systems • Established the Federal-State Partnership for State of Good Repair Grants ($82m in 2016 - $300m in 2020) subject to annual appropriations • Competitive grants to assist in financing capital projects that reduce the SOGR backlog of qualified railroad assets • Establishes Restoration and Enhancement Grants ($20/year) subject to annual appropriations • Competitive grants for operating assistance to restore, initiate, or enhance intercity passenger rail

19. Reprogramming Old Earmarks FY16 Omnibus Appropriations included provision giving authority to States to reprogram old Congressional earmarks • Includes earmarks designated on or before Sept 30, 2005 - authorization bills and appropriations bills • Directed at projects that have obligated less than 10% of funds and projects that have been completed and closed that may have remaining funds • Funds can be used for STBG eligible projects • States have until Sept 12, 2016 to seek a repurposing of funds or the project will remain unchanged • Repurposed project limited to 50 miles from the original earmark and must remain in the State • Federal share remains the same as originally provided • States have 3 fiscal years from the date a repurposing request is made to obligate funds

20. Grants • TIGER Grants NOFO - applications due April 29 • FAST LANE Grants (Nationally Significant Freight and Highway Projects Program) - application due April 14 • Bus/Bus Facilities - application due May 13 • Surface Transportation System Funding Alternatives Program - application due May 20