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LEGISLATIVE UPDATE

August 2005

SAFETEA-LU — Title 6: Planning and Project Delivery

Long-range Plans, Transportation Improvement Programs

Under SAFETEA-LU (Sec. 6001) Metropolitan Planning Organizations (MPOs) must update long-range plans and transportation improvement programs at least every four years (rather than the current three-year cycle) if the MPO is or was in nonattainment for federal air quality standards (MPOs in attainment areas must prepare and update their plans and programs every five years). Likewise, certification of MPOs as the designated regional planning agency and recipient of federal funds by the U.S. Department of Transportation must take place at least every four years rather than the current three years. Similar provisions are included in Sec. 3005 of SAFETEA-LU’s Transit Title.

Public Participation

MPOs must develop a public participation plan in consultation with interested parties to provide an opportunity to comment on the transportation plan (Sec. 6001). To do so, the MPO must hold easily accessible meetings at convenient times/locations, use visualization techniques, and make information available electronically as appropriate and to the maximum extent practicable. Similar provisions are included in Sec. 3005 of SAFETEA-LU’s Transit Title.

State Assumption of Environmental Review

Under SAFETEA-LU (Sec. 6004), states may, after entering into an agreement with the U.S. Department of Transportation, assume responsibility for determining whether certain designated activities are categorically excluded from requirements for environmental assessments or environmental impact statements. Such state-issued determinations must be done in accordance with criteria established by the U.S. Transportation Secretary and must include provisions for public access to information consistent with the National Environmental Policy Act (NEPA).

Surface Transportation Project Delivery Pilot Program

SAFETEA-LU (Sec. 6005) directs the U.S. Department of Transportation to implement a pilot program on surface transportation project delivery in which five states — including California — may assume certain responsibilities, such as environmental review and consultation, that normally rest with the U.S. Department of Transportation with respect to one or more highway projects within the state under the National Environmental Policy Act of 1969 (NEPA).

Environmental Review of Intelligent Transportation Systems

The legislation also requires the U.S. Department of Transportation to establish, to the extent feasible, categorical exclusions from NEPA for activities that support deployment of intelligent transportation infrastructure and systems (Sec. 6010).

Transportation Conformity

SAFETEA-LU (Sec. 6011) directs regions to “redetermine,” within two years after the U.S. Environmental Protection Agency takes certain actions, whether transportation investments in any local/regional long-range transportation plan and transportation improvement program, or TIP, are consistent with federal air quality goals. Motor vehicle emissions from travel on existing and planned highway and transit facilities in the region must be equal to or lower than the total allowable emissions (“motor vehicle emissions budgets” or MVEBs) established in the federal air quality plan for a given area (also known as the “State Implementation Plan” or SIP). Conformity determination on updated plans and programs must be done at least every four years (versus the current three-year cycle), or more frequently under certain circumstances.

Transportation Control Measures (TCMs) — strategies to reduce driving or smooth traffic in order to curb vehicle emissions and resulting air pollution — in a SIP may be replaced with alternate TCMs if certain conditions are met, including that the substitute measures achieve equivalent or greater emission reductions than the measures being replaced, and are implemented on a consistent schedule with the original measures, or as soon as practicable if the original date has passed.

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