editor – Page 70 – Environmental Technical Assistance Program Newsletter

House Climate Report Recommends Transit Expansion, Further VMT Study

The House of Representatives Select Committee on the Climate Crisis unveiled a broad 547-page plan on June 30 that includes among its recommendations that Congress fund a “massive expansion of public transit” and “further examine” switching to a vehicle miles traveled (VMT) or similarly styled fee in lieu of motor fuel taxes.

“One area that the majority staff for the Select Committee did not tackle but remains important for Congress to discuss is the issue of the viability and equity of current revenue streams for highway and transit, including the gasoline tax,” the report noted. “Congress should continue to explore and test options for alternatives that fund U.S. transportation infrastructure priorities while advancing environmental and climate priorities, such as a vehicle miles traveled fee.”

The committee’s plan also suggested “at least” doubling annual funding for new intercity passenger rail and bus rapid transit projects.

“Transit projects that reduce air pollution and improve mobility in environmental justice communities and underserved rural areas should receive additional funds and consideration,” the report said. “Federal support for projects should be conditioned on recipients meeting strong labor standards – including Buy America and Davis-Bacon prevailing wage requirements – complying with all labor, environmental, and civil rights statutes, and signing community benefit agreements and project labor agreements, where relevant.”

The overarching goals of the committee’s wide-ranging climate plan including reaching “net-zero” carbon dioxide or CO2 emissions before 2050, with interim steps including the reduction of U.S. greenhouse gas (GHG) emissions by at least 37 percent below 2010 levels in 2030 and 88 percent below 2010 levels in 2050.

Every sector of the nation’s economy would be affected by the plan, from the energy industry – where “rapid deployment” of more wind, solar, and other “zero-carbon” power sources would occur – to the construction segment, which, among other mandates, would be required to develop and use more “direct capture” and low-carbon building materials.

The committee’s report describes the transportation sector as the “largest source” of energy-related CO2 emissions in the country – accounting for 37 percent of all emissions in 2019 – and targets it for major changes.

“Congress needs to take a multi-pronged approach to the transportation sector to drive down emissions and increase the sector’s resilience in the face of worsening climate impacts,” the report said. “Improving a vehicle’s efficiency, for example, will not be enough if that vehicle travels farther each year.”

To that end, it recommends enacting a “suite” of new federal transportation policies that could impact state departments of transportation, including:

Deploying “demand-pull” and “supply-push” policies that incorporate: a national zero-emission vehicle sales standard; federal procurement requirements; consumer tax incentives to defray upfront vehicle costs; and tax incentives, grants, and other financial tools to help cities, states, and other entities to install electric charging stations and other zero-emission fueling infrastructure.
Require states and Metropolitan Planning Organizations (MPOs) to include GHG emissions reductions in their long-range public transit and highway planning efforts.
Direct states and MPOs to evaluate how well the nation’s transportation system is “facilitating access” to housing, jobs, and critical services. With the counsel of outside experts, it recommends that the U.S. Department of Transportation “develop standards and criteria” for how to measure access, including a consideration for how access might differ for low-income communities and communities of color.
Require states to use “complete streets” and “context-sensitive principles” when designing and implementing transportation projects and provide grant funding to support associated infrastructure investment.
Increase funding for the Low-No Grant Program “by at least tenfold” and limit grants to zero-emission buses and associated equipment.
Increase funding for USDOT programs to support passenger ferry electrification and installation of necessary shore-side charging infrastructure.
Create a new formula and grant program managed by the USDOT to protect vulnerable transportation assets in advance of disasters, including investing in evacuation routes and increasing resilience to flooding, wildfire, erosion, and extreme weather.
Allow states to use funds apportioned under the National Highway Performance Program for projects to mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters on transportation infrastructure.

Environmental News Highlights – July 8, 2020

A roundup of headlines curated for state transportation environmental professionals

FDOT to take lead on EV infrastructure planning

The Florida Department of Transportation is about to be one of the biggest electric vehicle (EV) market cheerleaders in the country.

The Essential State Infrastructure law signed by Governor Ron DeSantis (R) on June 9 gives Florida DOT the central role in developing a “master plan” to encourage EV usage and to develop strategies to build more charging stations throughout the sunshine state. The law, which goes into effect on July 1, also calls on the agency to plan, design and build staging areas for public emergency provisions along the Florida Turnpike system.

The EV portion of the law mandates Florida DOT to collaborate with public and private stakeholders, come up with legislative recommendations, plus write and delivery its “master plan” to the governor and legislature by July 1, 2021.

The agency will also work closely with several state agencies – including the Public Service Commission, Department of Environmental Protection, Department of Agriculture and Consumer Services as well as power companies and other stakeholders – to establish that EV infrastructure, noted Beth Frady, Florida DOT’s communications director.

The impetus behind the bipartisan legislation is the impact of fossil fuel emissions on Florida’s air quality. According to the new law, “a significant portion of the carbon dioxide emissions in this state are produced by the transportation sector. Electric vehicles can help reduce these emissions, thereby helping to reduce the impact of climate change on this state.”

Susan Glickman, Florida director of the Southern Alliance for Clean Energy, applauded the new law, calling it part of “the evolution in transportation, as it’s been recognized that fossil fuels drive emissions.”

She added that “this is a big step forward in putting in place the kind of charging infrastructure that will give people confidence that buying an EV is doable.”

Florida DOT statistics show there are approximately 60,000 all-electric battery electric vehicles, or BEVs, and another 60,000 plug-in hybrid electric vehicles (PHEVs) registered in Florida. Even though that makes Florida one of the top five states in the number of EVs registered, EVs still comprise less than 1 percent of all vehicles registered in the state.

Although EV sales are increasing nationally as consumers look for cleaner transportation, a dearth of public charging stations has been a stumbling block for manufacturers to reach beyond drivers who rarely venture far from their home-based chargers. The expense and relative low retune on investment of the charging stations have driven some states to cobble together coalitions of utility companies, non-profit groups, government agencies, manufacturers and consumers to recommend rebate programs, cost-sharing partnerships and grant programs for infrastructure development.

Florida DOT’s Frady said the agency already had been “studying and analyzing” EV infrastructure issues before Gov. DeSantis signed the Essential State Infrastructure law – working on a plan to add new units to existing charging stations and to add new stations at service plazas along the Florida Turnpike toll road system. The new law, however, will now expand EV infrastructure planning to the non-tolled portions of the state highway system.

One main component of the Essential State Infrastructure law directs FDOT to develop staging areas along the Florida Turnpike system for “staging supplies for prompt provision of assistance to the public in a declared state of emergency.” The law says the staging areas will be used for storing emergency supplies, such as water, fuel, generators, vehicles and equipment to aid in evacuations, emergency response and restoration of services. Those “staging areas” could also could be used during nonemergency times for commercial motor vehicle parking or other uses.

In choosing them, though, the new law said Florida DOT must give “priority consideration” to rural counties in the Multiuse Corridor of Regional Economic Significance program, a state effort to stimulate the economies of counties of less than 200,000 population.

Changing Protective Rules for Migratory Birds During Transportation Construction: Part 2

State departments of transportation may soon be forced to adapt to changing rules surrounding the protection of migratory birds within transportation construction projects.

As noted in part one of this story, a notice of proposed rulemaking originally issued January 30 by the U.S. Fish and Wildlife Service (FWS) – with a comment period set to end on July 20 – would change key aspects of the Migratory Bird Treaty Act of 1918 or MBTA in terms of how state DOTs manage migratory bird populations during transportation construction activities and would prevent them from being fined for accidentally killing birds such as geese, herons, ducks, and other migratory species.

Under the proposed rule change, many requirements would be considered voluntary and could result in many protective undertakings to be abandoned.

One example centers on the Virginia Department of Transportation Hampton Roads Bridge-Tunnel expansion project. An estimated 25,000 seabirds recently lost their nesting site of 40 years when the entire South Island of the Bridge-Tunnel project was paved over during the tunnel expansion project. In early 2020. state DOT officials began work with researchers and federal agencies to establish alternative nesting areas, but those efforts were abandoned when the proposed rule loosened repercussions for bird deaths during construction and when federal money to protect or relocate the habitats elsewhere was eliminated.

As a result, Virginia’s Department of Game and Inland Fisheries submitted a request to the Army Corps of Engineers to use dredged material to build a new bird island to mitigate the situation and Governor Ralph Northam (D) acted in February to make sure this mitigation effort would occur. The Department of Game and Inland Fisheries plans to create a new habitat for the birds by preparing the artificial island adjacent to the Hampton Roads Bridge-Tunnel and will also seek authorization to put barges in place to provide additional nesting habitat in advance of the upcoming nesting season.

Furthermore, the Department of Game and Inland Fisheries has started developing a state regulation dealing with the “incidental take” of migratory birds; a step only California has emulated to date.

That illustrates the decisions state governments and state DOTs alike across the country may face in terms of protecting migratory birds during construction and inspection activities under the new FWS regulatory initiative.

Environmental News Highlights – July 1, 2020

A roundup of headlines curated for state transportation environmental professionals

FEDERAL ACTION

House Wraps Surface Transportation Bill into Infrastructure Package – AASHTO Journal

Judge: EPA Has No Duty to Periodically Review Industrial Pollution Risks – Courthouse News Service

Legislation introduced to improve sustainability measures at U.S. ports – WorkBoat

Who’s suing over Trump’s WOTUS rule? – E&E News

Navajo Nation Sues EPA Over Clean Water Act – KNAU

COVID-19

COVID-19 transportation website is available from TRB and the National Academies – TRB

How the Coronavirus Recovery Is Changing Cities – Bloomberg CityLab

As commuters weigh options, Lyft adds transit directions for Philly users – Philadelphia Inquirer

Air Travel and Communicable Diseases: Status of Research Efforts and Action Still Needed to Develop Federal Preparedness Plan – GAO

Why Covid-19 Stimulus Needs To Account For Future Infrastructure Risks – World Economic Forum

New Report from American Society of Civil Engineers Shows Dire Impacts of COVID-19 on Nation’s Infrastructure Sectors – ASCE (Press release)

INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY

Dual Disaster Handbook Offers Practical Guidance Amidst Chaos – AASHTO Journal

Minnesota Department of Transportation’s online meetings about construction draw surprising number of viewers – Star Tribune

Oregon Department of Transportation to Convert 8,000 Street Lights to LEDs – Environment + Energy Leader

West Coast Utilities Offer Plan for Charging Stations Along Interstate 5 – Transport Topics

Federally Funded Research to Study, Improve Houston Wastewater System’s Resilience – Black & Veatch (Press release)

Governors eye expanding public-private partnerships for infrastructure financing – Transportation Today

Mayors, policy leaders release playbook for infrastructure – Transportation Today

AIR QUALITY

John J. Mooney, an Inventor of the Catalytic Converter, Dies at 90 – New York Times

California takes bold step to reduce truck pollution – California Air Resources Board (Press release)

Nevada to adopt California’s stricter car pollution standards, rejecting Trump rollback – Los Angeles Times

ENVIRONMENTAL JUSTICE

How can transportation planners better serve Black and brown people? – Seattle Times

NATURAL RESOURCES

Regulatory Rollbacks: Loss of federal water protections impacts Great Lakes region – Great Lakes Now (Commentary)

CULTURAL RESOURCES

There’s more to geography than just 50 states and their capitals – Education Dive

HEALTH AND HUMAN ENVIRONMENT/ACTIVE TRANSPORTATION

KDOT calls for Transportation Alternatives Program project concepts – Kansas DOT (Press release)

Google Maps may offer routes connecting bikes and cars to public transit – Engadget

Columbus Has One Year to Make Its Transportation ‘Smart’ – Governing

Segway To End The Production Of Its Iconic Personal Transportation – NPR’s All Things Considered

The Impact Of Innovation On MaaS/MOD With FTA’s Vincent Valdes – ITE Talks Transportation Podcast

Moovit and Tranzito to bring transit information to the curb – Mass Transit

TRB RESOURCES/ANNOUNCEMENTS

2020 Competition: Successful Communication During Disruptive, Crisis Situations – TRB (Call for entries)

TRB Webinar: Transportation Asset Management in a COVID-19 World – TRB

“Tell Us ‘Our’ Story” by Susan Shaheen – TRB

Completing the 2020 U.S. Census is key for local transportation improvements – TRB

Advancing Mode Options in Managed Lane Projects – National Operations Center of Excellence (Webinar)

Nominations Sought – New Voice In Transportation Award – Center For Urban Transportation Research

FEDERAL REGISTER NOTICES

Notice of Availability of the National Petroleum Reserve in Alaska Integrated Activity Plan Final Environmental Impact Statement – Bureau of Land Management

Maine DOT Shares Insight into Roadside Vegetation Management Program

The Maine Department of Transportation recently provided a behind-the-scenes look at its ongoing efforts to control brush along selected state roads via an “integrated” strategy that marries the use of herbicides with mowing and the hand-removal of young saplings growing too close to the pavement.

“Roadside trees are much easier to control when they are small,” the agency said in a statement. “Trees allowed to grow close to roads prevent proper water drainage and may obscure drivers’ views of large animals such as moose and deer. Controlling roadside vegetation is a key safety and road maintenance activity requiring yearly effort.”

In various locations, the Maine DOT noted it may also extend its vegetation control efforts to areas surrounding guardrails. “Reducing vegetation near guardrails increases safety because it protects our workers from tripping hazards and ticks,” the department pointed out. “Guardrails free of vegetation also function properly and are easier to maintain.”

Integrated roadside vegetation management or IRVM is a strategy with a long history within the state DOT community, dating back to the 1970s. Iowa, for example, was one of the first states to establish IRVM programs at the city, county, and state levels with a goal of providing an alternative to “conventional” procedures that relied on the extensive use of mowing and herbicides, which provided often too costly to implement on a regular basis and increased the potential for surface water contamination.

That’s why in Maine DOT’s case, all herbicide treatments for brush, weeds, or invasive plants are selected to minimize impact to surrounding vegetation – deployed at the lowest application rates to protect workers and the environment.

[Selecting the correct herbicide is critical; a lesson the Oregon Department of Transportation learned the hard way as it just wrapped up a five-year effort to remove 2,300 Ponderosa pine trees poisoned by the use of herbicide aminocyclopyrachlor – also known as Perspective – sprayed along a 12-mile stretch of U.S. 20 to kill vegetation that posed a fire hazard.]

Starting in 2004, the department also began an “every-other-year” herbicide application program to help further reduce use of such chemicals, while encouraging municipalities and private citizens living adjacent to state roads to enter into a Cooperative Vegetation Management agreement if they are concerned about herbicide use.

Such agreements outline the municipal or landowner responsibilities for maintaining roadside vegetation; because when roadsides are properly maintained under such pacts, there is no need to use herbicides, the Maine DOT said.

Changing Protective Rules for Migratory Birds During Transportation Construction: Part 1

The Migratory Bird Treaty Act of 1918 or MBTA – which guides the evaluation of bird nesting areas and flight paths in order to avoid “taking” of the creature’s lives unnecessarily – may change due to a notice of proposed rulemaking originally issued January 30 by the U.S. Fish and Wildlife Service (FWS), with its comment period set to end on July 20.

That proposed rulemaking would codify the Department of the Interior’s existing interpretation that MBTA only applies to actions “directed at” migratory birds, their nests, or their eggs and would not apply to any incidental killing of birds due to commercial activity.

This action may also change the way state of departments or transportation have traditionally dealt with migratory bird regulations and would also prevent them from being fined for accidentally killing birds such as geese, herons, ducks, and other migratory species.

Migratory birds are frequently killed by industrial construction activities and accidents such as oil spills or collisions with aircraft, such as the 2009 commercial jetliner crash-landing on the Hudson River after the plane collided with geese and lost all engine power.

Migratory birds also often make their homes in highway structures or nest in areas where construction is planned and as a result, over the past decade, the MBTA’s prohibitions have been an increasing target of litigation. In enforcing the MBTA, the federal government has typically relied on its discretion and FWS guidelines that recommend best practices for certain industries. State DOTs use those recommendations along with state-specific regulations to develop their own bird mitigation efforts where transportation construction is concerned.

However, under the current proposed rule, those efforts will become largely voluntary and could result in mitigation efforts being decreased in order to save on overall construction costs.

The move toward this proposed rule started on January 10, 2017 when a legal opinion – M-37041, Incidental Take Prohibited Under the Migratory Bird Treaty Act – interpreted the MBTA’s prohibitions and penalties as applying regardless of a violator’s intention. Under that interpretation, any act that takes or kills a migratory bird is within the scope of the MBTA prohibitions so long as the act resulted in the death of a bird.

Yet on February 6, 2017, the M-37041 ruling was suspended for further review and then withdrawn and replaced on December 22, 2017, by the issuance of M-37050, The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.

That ruling’s conclusion is an otherwise lawful activity that results in an incidental take of a protected bird does not violate the MBTA. And it is that 2017 legal ruling that the FWS’s current proposed rule would codify as a way to provide state agencies and construction companies with “legal certainty” so that they would not be fined for incidental taking of migratory birds.

Conservationists have proposed a different direction, describing instead a migratory bird incidental take permitting system in the Migratory Bird Protection Act (H.R. 5552), or MBPA, introduced on January 8, 2020, with agreed-upon best management practices providing the basis for a permit.

The Federal Highway Administration uses a similar permit system in order to work with swallow populations in construction and inspection. The Section 1439 of the Fixing America’s Surface Transportation or FAST Act authorizes the temporary take of nesting swallows that is otherwise prohibited under the MBTA.

Under the FHWA’s permitting system, the entity undertaking a bridge construction project must submit a document that contains the practicable measures to minimize significant adverse effects on nesting swallows. But those measures can often be time consuming, costly, and include timing bridge construction activities to avoid bird nesting season as well as moving and restoring nesting areas that are near the work area or constructing temporary alternative nesting areas in the vicinity of the bridge.

How are state DOTs responding to such changes in migratory bird protection rules? We’ll examine that in part 2 of this story next week.