THE BIG CHILL:

FEDERAL SURFACE

TRANSPORTATION PROGRAM

IN ABEYANCE

AS CONGRESS FAILS

TO EXTEND SAFETEA-LU


By Tom Kuennen


Mar. 1, 2010 -- The federal surface transportation program was in limbo the first week of March as Congress adjourned for the week without enacting legislation to extend highway and transit program spending authority beyond the Feb. 28 deadline.

As a result, states will not be reimbursed for payments for ongoing contracts starting on Monday, and Federal Highway Administration employees will be furloughed on Tuesday, reported the Associated General Contractors. As the House would not be back in session until Tuesday, Mar. 2, and the Senate was not scheduled for a vote until Tuesday afternoon, this stalemate might not be resolved until late the first week of March at the earliest.

The 2005 surface transportation authorization law known as SAFETEA-LU expired Sept. 30, 2009, and has been temporarily extended by Congress three times. No agreement has been reached on moving forward with a full six-year authorization measure due to questions over how to raise additional revenue to pay for expanded federal highways and transit programs. Now the program must be extended a fourth time to maintain federal funding of road construction, but Congress failed to do so by the end of February.

"We are deeply concerned about the severe impacts to state and local transportation programs of this disruption of the federal highway and transit programs," said John Horsley, executive director, American Association of State Highway & Transportation Officials.

Two pending bills were intended to keep this shutdown from occurring but efforts to pass either bill have been stymied, AGC reported. The Jobs bill passed by the Senate the last week of February would have extended highway program authorization through the end of the year, and provided additional Highway Trust Fund revenue to keep the program solvent.

When that bill was sent to the House, it encountered opposition from the fiscally conservative Blue Dog Democrats who raised concerns that the non-highway provisions in the bill violate the House statutory PAYGO budget rules requiring an offset for increased spending, AGC reported.

House and Senate Democratic leaders had attempted to mitigate this situation by advancing a 30-day extension of unemployment insurance, COBRA health benefits, and the surface transportation program, the American Road & Transportation Builders Association reported. The House passed the measure Feb. 25, but Sen. Jim Bunning (R-Ky.), who is retiring at the end of this year, blocked the legislation in the Senate.  Bunning was reportedly upset the bill would add to the deficit and sought to have it paid for by cancelling unobligated spending from the American Recovery & Reinvestment Act, ARTBA said.

"With Bunning unwilling to relent and Democrats opposed to canceling stimulus funds, Senate leaders had few options," ARTBA said. "Both the House and Senate have adjourned for the week and the authority to expend funds from the Highway Trust Fund will formally lapse at midnight Feb. 28."

In the meantime, the U.S. DOT furloughed nearly 2,000 employees without pay Monday, Mar. 1, temporarily shutting down highway reimbursements to states worth hundreds of millions of dollars, national anti-drunk driving efforts, and multi-million dollar construction projects across the country.

“As American families are struggling in tough economic times, I am keenly disappointed that political games are putting a stop to important construction projects around the country,” said U.S. DOT Secretary Ray LaHood. “This means that construction workers will be sent home from job sites because federal inspectors must be furloughed.”

Because of the shutdown, federal inspectors will be removed from critical construction projects, forcing work to come to a halt on federal lands. Projects span the country, including the $36 million replacement of the Humpback Bridge on the George Washington Parkway in Virginia, $15 million in bridge construction and stream rehabilitation in Coeur D’Alene, Idaho, and the $8 million resurfacing of the Natchez Trace Parkway in Mississippi.

With continued uncertainty about federal funding levels for highway and bridge projects, state transportation departments immediately felt the effects, AASHTO reported.

The Missouri Department of Transportation withdrew all projects it had advertised for bid in February's bid opening that had been scheduled for Friday, Feb. 26.

"There is not yet agreement between the Senate and the House on a common bill to address the shortfall in federal funding for highway and bridge projects to cities, counties, and states," said MoDOT Director Pete Rahn the last week of February. "Because of this, MoDOT cannot prudently proceed with the Feb. 26 bid opening."

Groundbreaking for the new $670 million Mississippi River crossing at downtown St. Louis, scheduled for Friday, Feb. 26, was indefinitely postponed.

AASHTO's Horsley said this is the time of year when states begin awarding highway contracts for the spring season. "There is very little programming going on right now," he said. "Many are either not doing lettings, or sitting on the paperwork waiting for certainty to arrive in the form of an extension."


Compiled from industry sources, including AGC, ARTBA and AASHTO





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