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HomeMy WebLinkAboutSEOPW-CRA-R-98-0039Agenda Item No. 11 RESOLUT�IONINO /CR� � � � J `� A RESOLUTION OF THE BOARD OF DIRECTORS ENCOURAGING THE CITY COMMISSION TO SUPPORT THE JOINT APPLICATION OF THE CITIES OF FORT LAUDERDALE AND WEST PALM BEACH TO AUTHORIZE THE SUBMITTAL OF A LETTER OF INTENT WITH THE FLORIDA EAST COAST TRANSIT FEASIBILITY ORGANIZATION FOR A GRANT TO PLAN AND IMPLEMENT TRANSIT FOR THE TRANSIT GREENWAY AND TRI-CITY CORRIDOR STUDY; PROVIDING AN EFFECTIVE DATE; AND FOR SUCH OTHER PURPOSES. WHEREAS, Mayors from many cities along Florida's east coast met in January, 1998 to discuss and support transit opportunities for the transit greenway and the tri-city corridor study; and WHEREAs, Miami -Dade County has prepared a series of conceptual Master Plans for the redevelopment of key corridors in the county; and WHEREAS, the Community Redevelopment Agency's staff have become aware of an opportunity for planning and implementation funding for innovative projects through the Federal Highway Administrations (FHWA), Transportation and Community and System Preservation Pilot Program ("TCSP"); and WHEREAS, the Cities of Fort Lauderdale and West Palm Beach are working in cooperation with Florida East Coast Transit Feasibility Organization, a Florida not -for -profit corporation ("FEC-TFO") to file an application for funding to plan and/or implement a transit system; and WHEREAS, the deadline for submission of the letter of intent is November 15, 1998, and the review of the letter of intent and selection of approximately 50 applicants to prepare grant applications will occur by December 16, 1998 and a grant application will be due by applicants so selected on February 16, 1998; and WHEREAS, there will be no costs to the City for this action. 1 M En NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY: SECTION 1: The Board of Directors hereby encourages the City Commission of the City of Miami to support the joint application of the Cities of Fort Lauderdale and West Palm Beach to authorize the submittal of a letter of intent by the Mayor with FEC-TFO for a grant to plan and implement transit for transit greenway and the tri-city corridor. SECTION 4: This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED ON THIS 16 thDAY OF 1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holland & Knight LLP Counsel to the CRA MIA4-675452.1 2 November Arthur E. Teele, Jr., Chairman SBOPWICRA. -- j <+k.EEI..Il.16�( TjZA�.1StT siLG�S 'Z" TRANSIT GREENWAYS By Thomas F. Gustafson May 31,1998 11SlJ D MIL:-l'r SR{y�U2� WrlfC CcsTl 1� icr PE`.6ji.l2C . Picture a cool, lushly planted pathway -vvinding past shops and offices, residences and schools, parks and the waterfront. Arcades, awnings, fountains, street cafes and public space delight the senses and provide cover from the rain and summer heat. The waterways shine, birds sing and the park squirrels nest and care for their young. People you know and recognize are in plain view tending to their personal and business affairs. Bicycle and pedestrian traffic mixes with small and quiet trolley cars that children and adults safely ride from one neighborhood to the next. Centrally located bus and train stations provide timely and convenient transport between neighboring towns and regional events. At night and weekends, community events occur in well lighted public spaces located throughout the city and town. Car and truck traffic is unobtrusive and not congested as it moves around these community areas which, by design, invite visitors and residents to park and join the fun. Imagine a town within a city, imagine a village within a town, imagine a transit greenway in your neighborhood. Give it some thought, give it some time and you can design, build and live in a transit greenway community. 98- 99 Srl r_ ►.161.K•4yar{ stzr�-ram y O 5�v(,pCUCu�� P+-� ofrttCe. SQt'ctG.�� P�T-L�5 Wlrro ��z V-0610 c-p- cu,La4n6.o. tZo.W. TZwsi r sr Ci t sf' t`(J� 1ttU�E TYPICAL ARTERIAL TRANSIT GREEMNAY ELEMENTS G 7P.8.11.1�'-'^ ve,.rit TZl: T 5�P TYPICAL COLLECTOR TRANSIT GREEli,NAY ELEMENTS A Culr-leo simana'r k16LK1-S6•�• . � A-D•}!.cEi-1T� wee— � aaz LA"e to-o elII .s� /cam - « Transportation is all a'ftlut places and movement betwee''1 hose places. Whether traveling by land, sea or air, two features dominate the movement of people and goods: the desired destination and the safe, comfortable, convenient, timely and efficient means to get there. All other factors being equal, communities that are able to provide such transport services prosper compared to those that do not. The histories of modern and ancient times frequently describe how the fates of whole cities and states rose and fell under such circumstances. Transit greenways are a continuation of this transportation and social evolutionary process. Transit greenways provide essential human -scale linkage bethveen all other modes of transportation and important community destinations. As a unique form of transportation, transit greenway systems use familiar design elements in neN�, and financially sustainable ways to significantly increase personal mobility within urban, suburban and environmentally sensitive communities. With transit greenways, communities will prosper and enhance the quality of life for each citizen, each family member and each visitor to a transit greenway oriented community. l,�ubctt� ` t -�Um'rwuatlTO avca�� �. o• �- � 4�6L1�Wd`i� ELEMENTS OF A TRANSIT GREENWAY SYSTEM OR NETWORK A transit greenway system or network will include at least the following elements: 1) greenway transit corridors designed as landscaped roadways for pedestrians, bicyclists and greenway transit vehicles connecting traditional transit, parking and other community destinations; 2) greenway transit vehicles compatible with pedestrian and bicycle movements that extend the typicaf length and increase the frequency of pedestrian or bicycle trips; 3) design criteria that provide a desirable walking and bicycling experience by the use of trees and foliage materials, street furniture and fixtures, underground utilities and architectural design standards for surrounding structures; 4) parking facilities for automobiles and bicycles at predictable locations along the greenway transit corridor to facilitate modal transfers and joint development opportunities; 5) intermodal and freight transfer facilities to enhance greenway transit corridor connections to traditional transit bus or rail networks, airports, seaports, and employment, business and residential centers; and, 6) a plan of operation and revenue generation that establishes transit greenway systems as a fiscally self-sufficient part of the comprehensive transportation system. 4 II. DESCRIPTION OF TRANSIT GREENWAYS Transit greenways are designed for the safe, comfortable, convenient, timely and efficient movement of pedestrian, bicycle and greenway transit vehicles. They provide tree - covered corridors and open space, separated from car and truck traffic, that guide people to community destinations, parking and transit access points. Transit greenways are immediately visual and intuitive. By design, greenway transit vehicles, corridor surfaces, landscape, street furniture, underground utilities, lighting and adjacent structures constitute an interactive complex that establishes a park -like attractive place and method of transport. Greenway transit vehicles operating on or adjacent to a greenway transit corridor are a type of public conveyance that is pedestrian/bicycle compatible by virtue of size, speed, scheduled frequency, fuel, climatic control attributes, configuration and close operational proximity and frequent accessibility to pedestrians and bicyclists. Greenway transit vehicles are distinguishable from traditional transit vehicles: they are smaller in size and slower in speed; they utilize a clean fuel with no or minimum emissions consistent with both environmental concerns and pedestrian/bicyclist proximate operating conditions; they may be open air or air conditioned vehicles; they operate on a frequency consistent with pedestrian/bicyclist movement desires; they have package storage areas and bike racks or sufficient space within the vehicles for bicycle storage; and, along with lighting and other corridor furniture and improvements, they significantly reduce pedestrian/bicyclist apprehensions as to personal security, safety and immediate availability to shelter and transit during inclement weather conditions. Mixed use and overlay zoning district design criteria within a transit greenway network help to create a sense of place and a capacity to accommodate and hold the attention of individuals while in or traveling along the transit greenway so as to measurably increase the utilization of pedestrian, bicycle and transit facilities with a concomitant reduction of automobile trips and traffic congestion. Greenway transit corridors extend to and along transit routes to provide connections to a significant percentage of publicly desired and recognized destinations between transit stops. By providing convenient pedestrian, bicycle and parking facilities that provide access to greenway transit vehicles and the station elements of the traditional transit system, transit greenways enhance transit choice as part of a more comprehensive transportation system. A transit greenway system uses parking, intermodal and freight transfer opportunities to redirect automobile and truck traffic away from congested areas where road widening is neither desired nor physically possible. At frequent intervals along a greenway transit corridor, there are larger open spaces to facilitate recreational, shopping or other community and child oriented activities that help to establish a sense of place. These "village square" areas predictably have parking, employment, business and residential components with mixed use and overlay zoning district standards that reinforce the pedestrian and bicycle utilization of the greenway corridors and modal transfer from automobile and truck use to transit greenway and traditional transit systems. In addition, a fiscally self-sufficient operations plan expands revenue opportunities from limited transit fare box receipts to an integrated revenue stream derived from transit, parking, intermodal and freight transfer, joint development and other transit greenway activities and services. 5 OOPWICRA Communities large and small that understand the value of pedestrian friendly infrastructure planning and its relationship to enhanced transit use and intermodal transfer activity can utilize transit greenways to complete their transportation system. Transit greenways specifically planned for each community provide the capillary network to effectively draw people from their homes, businesses and vehicles to comniunih, destinations and transit access points within a transit greenway network from one to four miles in diameter. Overlapping transit greenway netvorks and connections to traditional transit can further extend trip distances beyond typical pedestrian, bicycle and greenway transit excursions. Transit greenways can be effective in either high density or low density areas. Higher density Coi11Ill unities provide the critical mass of people and ridership in an area likely to have limited or inconsistently available rights -of -way. Lower density Co11111111nitles with available rights -of -way can link nlultiple conlnlunit' destinations with transit greenways, so as to create the horizontally arrayed "virtual density" needed to provide enhanced ridership for traditional transit systems. w Transit greenway system development is N%'ell*positioned to justify and obtain surface transportation program and other flexible federal transportation funding. Transit greenways are structurally light duty roads for pedestrian, bicycle and greenway transit vehicles designed and built to be fiscally self-sufficient with enhanced revenue opportunities and lo`v operation and maintenance costs. Moreover, through their ability to divert large numbers of pedestrians and bicyclists to traditional transit, transit greenways will enhance the ridership and therefore the funding justification for greenway connected traditional transit systems. At this time, even the road building advocates recognize a fundamental 20-year transportation planning horizon problem: that right-of-way for road building in urbanized America is cost prohibitive; that expanding the highway system in metropolitan areas is inappropriate given the air quality concerns of the larger urban areas; that road building in environmentally sensitive areas is becoming more and more inconceivable due to regulatory and citizen reaction; that some suburban communities desire a quality of life that the automobile/road system cannot deliver; and, that rural road building fundamentally encourages sprawl and the elimination of economically and historically significant agricult-hiral use and open space. Planning transit greenways helps to resolve these problems by establishing a new type of roadway alternative Nvhertpver traditional vehicular roads are not desired, economically justified or environmentally prudent, and where available right- of-wav is inconsistent in width, discontinuous or non -linear. In addition, when comprehensively developed within a metropolitan community, transit greenways respond to a growing constituency that demands transportation trust funds be used for socially desirable needs by developing an infrastructure product that responds to the broad spectrum of social and environmental concerns - crime prevention, environmental protection, air quality, wildlife habitat preservation, personal fitness, neighborhood schools, pedestrian and bicycle safety, community redevelopment, and tat equity. Without community supported transit greenways and citizens committed to the use of such a system of transport, the transportation trust fund will more likely be successfullj• challenged by an urban -oriented majority vvho want a. fair return f�- their gas tax SEOPWICRA C5 _ contribution and who would prefer to spend such funds on programs more relevant to their immediate needs. In the public debate about urban needs and tax equity, the opportunity to use infrastructure funds to solve long term social, economic and environmental issues will be lost without a transit greenway alternative. The community leaders who assume that road building will be the only major part of their infrastructure expenditures N`-ill be unprepared to defend road dominated budgets. If even one community, however, understands the value of walkability in its city, town or village centers and undertakes the effort to extend its vision to transit greenways, other communities will follow. This transit greenway community planning process will allow a more regionally defensible transportation work plan to be produced that will fund transit green-vvays and provide the transportation infrastructure to redevelop sustainable communities. The economic, social and environmental success stories from communities which choose to pursue a greenway transit strategy will provide a clear path for other communities around the nation to follow. III. IMPLEMENTATION STRATEGY Transit greenways, as described herein and referenced in the attached Executive Summary, are within the funding parameters of federal and state transportation law. In Florida, transit greenways have been endorsed by the Florida Greenways Coordinating Council, the Florida Metropolitan Planning Organization Advisory Council and the Governor's Commission for a Sustainable South Florida. In addition, the Florida Department of Transportation has recognized transit greenway planning as responsive to the guidance directives established by the Federal Transit Administration for environmental and community impacts. Transit greenways have been the subject of conceptual planning efforts in the City of Fort Lauderdale, Hillsborough, Polk and Monroe Counties, as well as legal and For-�EL tiH4x%n. V-,�6n off- 7 ac:sq� �lL 1.11Tt-t t�7�t.ls�Y t',z�i�1s(j �:e t7usttitir�s CSC t"F�JT'�� 2c4-a WrTH PROGRESSOWALK 7 A7 �s=ZR:c P.ROcR=ro ate policy analysis regarding improved commuter rail and transit service in South Florida. The efforts to develop transit greenway materials have been supported by and developed with input from the Florida Department of Transportation, Florida Department of Environmental Protection, and the Florida Department of Community Affairs. What is now required is governmental leadership willing to organize the efforts to render community supported depictions of a transit greenway system within the context of community redevelopment efforts and to enter into agreements 'with the transportation agencies to propose conceptual master plans for community -wide transit greenway networks. These planning efforts must clearly describe and project the significant transit and community benefits in order to obtain support from the local, state or regional governments and planning agencies where the proposal is located and to justify available funding from the Federal Transit Administration and other appropriate state and federal agencies. In developing the conceptual master plan, care must be taken to analyze and address how each of the six (6) elements that define a transit greenway system or network will be implemented and to use experts who specialize in the transportation and land use issues that will govern the initial financing, planning, joint development, right-of-way acquisition, construction, operations and contract relationships that support the plan of operation and revenue generation. The individual professionals retained must carefully weigh the impact of each decision on the cost of operation, utilization and ridership estimates and projected revenues to verify that once constructed, the transit greenway system will be fiscally self- sufficient, supportive of the traditional transit systems to which it is linked and, when compared to other transportation improvements, the most cost effective means to reduce congestion. IV. CONCLUSION Transit greenways will be a significant mode of transportation in the ,years to come as highways expand to their justifiable limits. Communities which take time to plan transit greenways today will be better prepared economically, socially and environmentally to provide their citizens with the mobility they need within the context of sustainable community redevelopment efforts. Should you wish to pursue a transit greenway initiative, please contact me so that we can review the specific opportunities that exist. I can be reached at my office located at 4901 North Federal Highway, Suite 440, Fort Lauderdale, Florida 33308 or by phone (954/492- 0071), facsimile (954/492-0074) or email: tom@transitgreenwaylaw.com. Georganne Yost (vost@transitgreenwavlaw.com) of my office is available to assist you as well. 8 Sj3OPW/CRA S8 — 09 Tg6ws�T 9 Ve--Hl �� 1�J.1 D MdQe.. �iovaTr� WTo ccs"i'lNdSTlo}�1 to 4 Lnrn..''r` �`��• i1r56 �r� i�ht"zK . TRANSIT GREENWAYS EX - EGUTIVE SUt1�l11�ARY Thomas F. Gustafson Phil Rothschild 4901 North Federal Highway, Suite 440 Fort Lauderdale, Florida 33308 Phone: (934) 492-0071 Fax: (934) 492-0074 or. � Illustrations by: James N. Archer AIA + Anthony Abbate AIA Architects 808 East Las Olas Boulevard, Suites 102 + 106 Fort Lauderdale, Florida 33301 Phone: (954) 523-2833 Far (9:.41) 4(k-Al A7 0 TRANSIT GREENWAYS FOR MULTIMODAL USE In Since the 1970s, the term "greenway" or "trail" has generally denoted a vegetated linear open space providing public access to two or more destinations.' "Transit corridor projects" are transportation initiatives designed to improve mobility within an identified transportation corridor by improving people -carrying capacity through transit conveyances.2 A transit greenway system is a greenway and transit corridor for pedestrian, bicycle and greenway transit vehicle use3 utilizing the compatible characteristics of both greenways and transit systems to provide a transportation network + and infrastructure that creates a sustainable and walkable community and thereby a method for improving access and use of traditional transit systems. Transit greenways should therefore be an integral part of statewide systems of greenways to help protect native ecosystems, maximize greenway accessibility, improve urbanized areas and provide recreational opportunities, economic benefits and alternative transportation options 4 Transit greenways, separated from the congested road system, can simultaneously: increase sustainable pedestrian/transit oriented mobility; provide the right-of-way for environmentally supportive alternative transportation; create linear parks and public open space essential for successful livable communities; encourage pedestrian lifestyle patterns which improve health and personal fitness; allow for meaningful pedestrian and public transit access to our schools and other children oriented destinations; aid urban infill and redevelopment by repositioning land use and public access; implement crime prevention through environmental design techniques (CPTED); enhance bicycle and pedestrian usage and safety; establish publicly supported separations between necessary but conflicting land uses; protect, enhance and create stable wildlife habitats; represent opportunities for improved underground utility and storm water drainage; and ultimately, improve air quality and respond to global warning concerns through a decreased reliance on pollution generating modes of transportation and through an enhanced tree canopy established as part of a comprehensive greenway landscape plan. During the first decade of the 21st century, transit greenway development linked to regional transit systems can demonstrate how this transit/land use/ hybrid will become a principal component of America's transportation system within economically viable, sustainable, and walkable communities. A comprehensive, community -based and designed, transit greenway system connecting existing transit systems to key destinations including downtowns, parks, waterfronts, airports, and historic, cultural or education facilities, can create a seamless public transportation system, adapted to each community. In combination with mixed -use zoning, overlay districts and other zoning initiatives adopted to create a sense of place and clearly define the desired built community, transit greenways can link transportation planning, community planning and urban design to provide physical assets that fulfill local community needs and desires. While transit greenways normally would be expected to work best in short trip scenarios (two miles or less), the reach of transit greenways can be extended through the use of narrow gauge rail, transit shuttles or blueway systems. Transit greenways designed with full participation of the conununity in which the greenway is located can be generally described as either: 'an arterial transit greenway 40 to 80 feet wide with sufficient pavement and green space for pedestrians, bicyclists and greenway vehicles; or, a collector r Florida Statutes define greenways as "a linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, or over land along a railroad right -of -vac converted to recreational use, a canal, a scenic road, or other route; any natural or landscaped course for pedestrian or bicycle passage; an open space connector linking parks, nature reserves, cultural features, or historic sites with each other and populated areas; or a local strip or linear park designated as a parkway or greenbelt'. Trails are defined as "linear corridors and any adjacent support parcels on land or water providing public access for recreation or authorized alternative modes of transportation." Florida Statutes §260.013. Although this summary utilizes the term "transit greenways", by Florida statute, such a corridor and related properties could be also described as a system of greenways and trails that facilitate authorized alternative modes of transportation or walkable transit corridors. Z Florida Statutes § 341.031(10). 3 Greenway transit vehicles would be any small, human scale, clean energy vehicle that can operate at pedestrian compatible speeds along or adjacent to the greenway transit corridors. 4 From the perspective of the Florida Department of Environmental Protection, "urban transit greenways" could be best described as an urban multimodal system that brings together open space with the public as well as pedestrian and bicycle routes which connect urban ecological, recreational and cultural destinations. 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(441 rlmo d0-,cldf r- ltt� SV-e� �i i�m-arlwal UUlF4F-o 1 � t�u�►ru� 1 �u� T ARTERIAL TRANSIT GREEN -WAY ELEMENTS mot?-c.1-ll r � ea d TYPICAL COLLECTOR TRANSIT GREENWAY ELEMENTS K ON uul,pleo sr?zer �STi2I tile�.l rrui- _ � u HOa1 HOO AVMN33U!D IISN` l n cllJ oc Cr7 —Lr*,. '::2r4j-1 7�.SslT WITH SH4c>f--p Ra,F4 I a TRANSIT VILLAGE MARKETPLACE N 0 WsWw. tc- coo 'to be ooa•-— 7o I I o A.,k .. r awerT r oa m .i I I • 1 I . I t'�fl�Gy(}2t6r,1 �.GC.�iyS .Rroreltisu.y St tG To rc5wAj— fIWdA. v ` � � ,�.f%�`' �''�,p� "''`�* „_�l�.��1 " � �i Q'; ICl1` I�lis'U�.'►1��I�,i`11, � _ _ � "�Y• '.�/ � +• � _�� ate_ 4.iAMA cif �� •J f t� '•fyNb ,; i f II��Wr� ,�ioii:iaiiMt •PW46 0 C ,3�r f•}je� � � - � e F4oN<<-�tt Kea . N PROGRESSOWALK ;1�: I,. AT HISTORIC PROGRESSO PLAZA 0 100 too 300 400 ,TYPICAL GREENWAY PARALLEL TO ROAD OR RAILROAD R.O.W. VZYld OSS32iJONd OWO1S(H-CV )iIt AAOSS3'8!DO {d cs kq-7rr CZL sris-'� E 0 � #¢3 zldt5 tvI-W�j c o0 -OST7 � N1Sri41 a Cs� 0 `'JT'f�'1y �3ziL ��N1 '7gmlo� The Florida Metropolitan Planning Organization Advisory Council Scott Paine Chairman February 3, 1998 Honorable Lawton Chiles Governor Tlie Florida Capitol Tallahassee, Florida 32399 Dear Governor Chiles: The Metropolitan Planning Organization Ad%risory Council, at its January 22, 1998 mE:eting, adopted MPOAC Resolution 98-2. The attached resolution endorses the concept of an Urban Tnmsit Greemvays program for the State of Florida. The MPOAC, which represents the collective interest of Florida's 25 metropolitan planning Organizations, recognizes the significance -of Urban Transit Greenways in promoting modal alternatives and enhancing the quality of life in Florida's rnetzopolitan areas. Thank you for your consideration of the MPOAC's resolution. Sincerely, Scot Paine, Chairman cc. Honorable James Hargreu, Chairman, Senate Transportation Committee Honorable James Fuller, Chairman, House Transportation Committee Secretary Thomas F. Barry Jr., Florida Department of Transportation Secretary Virginia'Wetherell, Florida Department of Emironmental Protection Secretary James Murley, Florida Depa_nment of Community Affairs Mayor Sam Ferreri, President, Florida League of Cities Commissioner Jahn Manning. President, Florida Association of Counties NIPOAC Gov-Irn;ng Board and Staff Directors Howard Glassman, Executive Director 605 Suwannee Street, MS 28B • Tallahassee, Florida 32399-0 30 1-800-399-552,12 or 904-487"4435 • Fax 904' =13-9107 SEOPW/CRA 0 9N— 09 Metropolitan Planning Organization Advisory Council Resolution #98-2 Given that the Metropolitan Planning Organization Ad zsory Council re -cognizes that the proposed walkable transit corridor concept has potential to aid urban redevelopment and local movement of people, and that the development of the concept can be accomplished within the existing Department of Transportation and Metropolitan Planning Organization processes and through Local Government Comprehensive Pkms. Given that the Department of Emzronmental Protection, as the design,red lead state agency for creating a state«•ide system of grccnm-,ays on public lands, intends to promote urban transit greemvays in order to: help protect native ecosystems through rni-alizing urban areas; maximize greemvays accessibility; and provide recreation opportunities, economic benefits and alternative transportation options; Given that the Department of Community Affairs, %vorVdng to crease -,iabie and. livable communities, promotes such concepts through the Local Comprehensive Planning process, the Florida Communities Trust program, and the Sustainable Communities proms -arn; Given that the Florida Greenways Coordinating Council is charged with promoting green-,ays initiatives, coordinating greenways activities among government agencies, private entities and citizens, and facilitating par�nerships to enable, the establishment of ,Tatev idt system of g eenways. Givej: that urban transit greenways as herein described in the attached Executive Summary further the efforts oil� Metropol r-2n Piannino Or`an:zations and the Dz-pza-tment o`Transponation to provide efficient urban transpo t_�� th e Deoartment o`En ironmentall Protecton to protect the environment; the o`Commurdry Affairs to implement Florida's Comprehensive Planning Proccss; and the Florida Greemvays Coordinating Council to establish Florida's system o g ten:.<:ys; and Gives: that urban transit green,vays have the potential to pro-,ide tilt folio , inb benefits; improve air quility; enhmce-Mldlife habitat and green space «,thir. Urban areas; expand stormlyvater treatment opportunities; revitalize urban areas and econo,:�les; reshape urban function and aesthetics; aid urban infill and redevelopment; rr, _i,,ate urban sprawl; provide safe public outdoor recreation close to home and enhLnce access to hisionc and cultural resources; reduce crime through impro,,'ed des:g':L reduce road cono:.stion near urban transit green%vays; incrcast transit ridership; prov de : ite.;,a•�� e transpo. patio z v i*.hin, to and from urban tr .st cen::z� s; incre2se ooportLn ties Eo: sustainable ped6,stri2n and tran5it-oriented trans_ o. also', and provide easily accessible utility corridors for redevelopment of u-Yoan ce:.'.':=; sroPwlcm 9 8 - 2 9 Therefore, the Metropolitan Planning Organization AdtiZsory Council endorses the urban transit greemvay concept to the Department of Transportation, the Department of Environmental Protection, the Legislature, the Governor, and federal, state, and regional agencies, local govemments, and private entities for consideration in,their research, planning and development acti,,ities so to promote the use of urban tr2alsit greemvays connecting public transit systems, as well as pedestrian and bicycle routes and facilities, and ecological, recreational, cultural and urban destinations. Duly passed and adopted this 22nd day of January, 1998. Florida Metropolitan Planning Organization Advisory Council By: S Ck� Scott Paine Chairman n. Attest: c�,w�.�t,�_ Howard Glassman Executive Director SEOPW/CRA 9 8 - v 00o��4FOTiC ;o FLORIDA ; Lawton Chiles Governor January 9, 1998 Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Mr. Thomas F. Gustafson, Esquire 4901 North Federal Highway, Suite 440 Ft. Lauderdale, FL 33308 Dear Mr. Gustafson, Virginia B. Wetherell Secretary On behalf of the Florida Greenways Coordinating Council, I am pleased to inform you that the Council approved the attached resolution on December 11, 1997 endorsing the urban transit greenway concept. The urban transit greenway concept offers many social and environmental benefits to Florida's communities. Urban transit greenways can be a valuable links in the statewide greenways system connecting public transit systems, as well as pedestrian and bicycle routes and facilities, and ecological, recreational, cultural and urban destinations. The Florida Greenways Coordinating Council is optimistic that urban transit greenways and other greenways will be incorporated into the fabric of the state's communities. We look forward to working with you to.make urban transit greenways a reality in Florida. .ouncil Attached: Resolution cc: Florida Greenways Coordination Council Panted on recycled paper, sEOPwIcRA g 8 _ 39 Florida Greenways Coordinating Council Resolution GIVEN that the Department of Transportation recognizes that the proposed walkable transit corridor concept has potential to aid urban redevelopment and local movement of people, and that the development of the concept can be accomplished within the existing Department of Transportation process through Local Comprehensive Plans and the Metropolitan Planning Organization process; GIVEN that the Department of Environmental Protection, as the designated lead state agency for creating a statewide system of greenways on public lands, intends to promote urban transit greenways in order to: help protect native ecosystems through revitalizing urban areas; maximize greenways accessibility; and provide recreation opportunities, economic benefits and alternative transportation options; GIVEN that the Department of Community Affairs, working to create viable and livable communities, promotes such concepts through the Local Comprehensive Planning process, the Florida Communities Trust program, and the Sustainable Communities program; GIVEN that the Florida Greenways Coordinating Council is charged with promoting greenways initiatives, coordinating greenways activities among government agencies, private entities and citizens, and facilitating partnerships to enable the establishment of a statewide system of greenways; GIVEN that urban transit greenways as herein described in the attached Executive Summary further the efforts of: the Department of Transportation to provide efficient urban transportation; the Department of Environmental Protection to protect the environment; the Department of Community Affairs to implement Florida's comprehensive planning process; and the Florida Greenways Coordinating Council to establish Florida's system of greenways; and GIVEN that urban transit greenways have the potential to provide the following benefits: improve air quality; enhance wildlife habitat and greenspace -,vthin urban areas; expand stormwater treatment opportunities; revitalize urban areas and economies; reshape urban function and aesthetics; aid urban infill and redevelopment; mitigate urban sprawl; provide safe public outdoor recreation close to home and work; enhance access to historic and cultural resources; reduce crime through improved design techniques; reduce road congestion near urban transit greenways; increase transit utilization and ridership; provide alternative transportation within, to and from urban transit greenways; increase opportunities for sustainable pedestrian and transit -oriented transportation; and provide easily accessible utility corridors for redevelopment of urban centers; THEREFORE, the Florida Greenways Coordinating Council endorses the urban transit greenway concept to the Legislature, the Governor, and federal, state, and regional agencies, local governments, and private entities for consideration in their research, planning and development activities so to promote the use of urban transit greenways as part of the statewide greenways system connecting public transit systems, as well as pedestrian and bicycle routes and facilities, and ecological, recreational, cultural and urban destinations. Adopted by the Florida Greenways Coordinating Council on December 11, 1997 LAWTON CHILES GOVMVOR BUDDYNLaCKAY Lr. GOvExvm RICHARD A. PETTIGREW C/t-upu"V VIRGLNL-\ WETHERELL VICE CKLR NIVABERS LUIS AIA.,,IIL CHUCK ALLER JOHN C. ANDERSON THoSLAs F. BARRY, JR. RICHARD G. BASHAW DICK J. BATCHELOR MITCHELL BERGER ERNIE CALDWELL MICHAEL COLLINS W. ARTHUR DARLING JOHN M. DEGROVE MIGUEL DIAz DE LA PORTI LLA WILLARD DOVER ROBERT L. DUA.NE MARL4 DOLORES ESP= SUELLEN H. FARDEL,L NN JoI-LN F. FLANIGAN SEN. HOWARD C. FOR-Mm DEBRA S. HARRISON QULNTON HEDGEPETH NOBLE HEv'DR7x 1LL4GGY HURCHALLA DExTER W. LEHTINEN JACK LONDON PA.NIELA S. MAC'KIE MARY MCCARTY MARGARET F. N[EGEE L. JACK MOLLER DAVID MOTLOW JA.mEs F. MURLEY LoRi NANCE PARRISH WILLIAM J. PAYNE REP. JOIN RAYSON CAROL B. RIST Roy RoGERs STUARTSTRAHL CLARA K. WILLIAMS 11,L4LCOLM S. WADE, JR. BER.NARD J. YOKEL CHA.I .ES J. ZWICK Ex OFFICIO BILLY CAUSEY JoFD; H. HANKVSON, JR. COL. JOE R. MILLER RICHARD G. RING TERRENCE (ROCK) SALT BoN*rm KRANzER ECECVTIVE DIRECTOR GREG DIEHL D£PL7YDIRECTOR The Governor's Commission for a Sustainable South flolia December 5, 1997 Thomas F. Gustafson 4901 North Federal Highway, Suite 440 Fort Lauderdale, FL 33308 Dear Mr. Gustafson: I am pleased to inform you that The Governor's Commission for a Sustainable South Florida approved the attached resolution endorsing the walkable transit corridor concept on December 3, 1997. The walkable transit corridor concept is an integral part of urban redevelopment and will address many of the needs of a sustainable public transportation/transit system. The Governor's Commission looks forward to witnessing the positive results this concept will have on our communities. Thank you for your time and expertise. Attached: Resolution BK/rt 971205.bkl Sincerely, Bonnie Kramer, Ph.D., AICP Executive Director 1530 11 kDRLcA AVE.NUE — SUITE 220 • CORAL GABLES, FLORIDA 33146 PRINTED UN RECYCLED Pk?EN (305) 669-6973 S/C 430-6973 FAX (305) 669-6974 SROMM19 8 - 3 9 RESOLUTION GIVEN that the Department of Transportation recognizes that the proposed walkable transit corridor concept has potential to aid urban redevelopment and local movement of people; that the development of the concept can be accomplished within the existing Department of Transportation process through Local Comprehensive Plans and the Metropolitan Planning Organization process; that the Department of Environmental Protection works with local governments to promote tsAy urban greenways which protect natural communities while accommodating appropriate human uses; that the Department of Community Affairs promotes such concepts in the Local Comprehensive Plan process and in financial support to local planning; THEREFORE, the Governor's Commission for a Sustainable South Florida endorses the walkable transit corridor concept to the FTA, FDOT, FDCA, FDEP, MPO's and local governments for consideration in their transportation research and planning to promote the use of alternative modes of transportation and serve as connections with other forms of mass transit. This endorsement is consistent with the urban redevelopment and public transportation/transit recommendations contained in the Commission's Initial Report, October 1, 1995. FROM - TO 1 30S 4-32 0074 1�''7,12-29 14: 27 #?67 P 02/05 Date: 12129/97 Fr=: BARTEE, TARA To: Robert A Magee PT94378 - DOTI Michael Wright PL932P-4 - DOTI CC-' LASSETER PL932MW - DOTI ALEXANDER PT129RL - DOTI GRIC-r PT229LA - DOTI RtING0 P7329BG - DOTI CHERYL HARRISON-LEE PT429NB - DOTI RCORIGUEz PTS29Ck - DOTI hUHT PT629RR - DDT1 Does, B. PT72904 - DaT1 UOOd, Demis PL230JD - DOTI Gus Schmidt - sc 436-4625i PL33COW - DOTI Lennon Hoare PL43Das - DOTI AAITA VANDERYALK PL53CLY - DOTI Domld J Skelton PI-630AV - DOTI Carver, Sherry Sikes Pu73� DOTI Jon M. Ausmat; PL13OSS - DOTI COVEN PT943JA - DOT1 Subject: 9aJ99 UpWps PT943EC - DOT1 i ---.Reference: becurent 'FLAAHING "PHAS ----------------- ;. f.REf,S� se;,t sc rataLy _ Attochad fOre�ercrosideration-and use Ore ideas -from -the transit - office '19981T499 Urt9ietli�•le ar:sit vfficc suxrxnarized the federal plannin nnin9 Work Programs. lie have 9 emphasis the can be Y accrc,+atec! white supportit Transit Strategic plan {TSP)- ereas, cnd provided ideas an the ex Ect a its he F � Yo' of t.,,, how I lie have also painted out cohti�;UjM 5{ssuea, I{stratiye any Questions, pLease contact Jan AU-,t,7n You have pr FR011 : TO 1 305 492 0074 19D7.12-29 14:27 #367 F.03e105 M-I-M-O-R-.A.-N-D-U-M TO: Robert Nlage2 i PRONI: 'Para Bartee I RE: Issues for Earl}- Coordination on UPWPs ' DATE: December 29,9_97 The Public Transit Office recimrnends the following issues be addressed during preparation of the Fy 1993-99 Unified Planniu, Work Progmms MWPs). 01. While recognizing rr 1 tasks in a UPWP are repetitious such as annual 1 traffic counts, preparation of the Up`xp, etc.) there are tasks which produce speci#'zc, one -lime end products. If a task is caz-ried over from a previous year, or is a multiyear task., this should be clearly stated in the UPWP. If an MPG has not completed a task from a prior UPWP, and is carrying funds and tasks into the new year; this should be noted. Ti�is is pdr ficuiar y important for the FederAl Transit Administration (A)funded tasks because rather than de -obit tiLo a d re.obligatin funds old contracts rejn;m_ --pen. The Districts should dpirrnine if the reasons for an incomplete () p task is (are) adequate or not. The 1996-97 and 1997-98 UPWPs contained aumcrous work task where there is no report of any "previous work" bev-ig completed since the previous year, 02. If dollars are bennb cam d over from El previous UPWP to complete a task during the time period covered by auotil r OPWP, this should be clearly indicated in the description. Again, this is particular to FTA £ur. �d msks. 03. The Grant Management kfotmatiou System (GMIS) financial reporCs she-ets should be included in the UPV/Ps for FTA fi:inds. The Tran-sit Office in Tallahassee never received the GM-TTS for three MPOs during the 0C 97-98 UPWP review procedure despite several requests for the documents, The GNUS report forms are necessary, to prepare FDOT's request for Section 5303 dollars, Again, this is Particular to ITA funded tasks. 04. MPOs should reserve scDLe of the 1998/1999 work program for issues arising from the Transit S15rate JC P11-a (TSP). Tka vision for the TSP involves user friendly tran.$it and transit friendly developinent. There are likely to be four goal areas, including improved transit service, r improved transit fnance,iimproved land use decisions, and reshaping ofirLsl7tutional roles. Strateb es appropriate fOr-WO action NvU begin to emerge in Marcb and April and the final plaza should be completed by Jul; 1998. Federal Plaming Fmphasxs tireas (PEAS) are discussed below. Ideas for speo-ifc, transit tasks that could support the TSI chile being responsive to the PEAS ar4 ilnset in italics. these ideas axe provided to stimulate thought, not to be taken as requirements. M-p0s y{rill be awe of TSP issues as they rclate to local concerns through their participation in local advisory committees for the TSP. FROM TO 1 30S 492 0074 19S 12-2S 14: 2e #307 P. 04z 05 I 05. Planning Emphasis .Areas (PEAs) were developed by the United States Department of Transportation (USDOT) to advise state and local officials as well as transit operators of national issues of concern. Four (t•) major PEA themes to promote consistency among state and metropolitan planning processes with national transportation policy goals. UPNLTs and State Planning Work Programs should reflect consideration of these four themes. Information abodt PEAS is contained in the Federal Register, Volume 62, Number 134, Friday, Dmember 5, 1997, on p0ces 64462-64463. i A. System lvianageibent and Operation: Improved communications, operational efficiencies, safety and s} :stem performanw will result from planning for effective and efficient tramspon:ation system management and operation. Tlus planing effort uses ongoing performance monitoring to presence capacity, maxVnize personal mobility anal freight movemcixt enure user safety and system secrn-ity while maintaining system structural integri.2y. Intchio nt Transportation Systems is specifically cited as one of a number of u=;rned innovative technologies which will accomplish the above. Effectively man*g d transportation systems support the national Welfare -to -Work inidative by providuie access to employment opportunities through the reduction of t -avel time. , I Surveillance and system planning work tasks in. the 'UPNVPs can be used to support this PEA. Dollars can be used to produce TDPs, monitor public transportation performance and develop tnx-2 sportation models for the L,RTPs truly reflective of the level of service provided by put do transportation. For Example: .4 major goad area of the TSP is li, ely to he the gsr--ral irrtprauetraent of p-ai7sit service in terms of Spann of service, headway, and destinations served, etc. APOs may Wart to consider a ware task that will provide ar: ana?ysis if their transit services in these terms. An assessment of the obit ily of the rransit system iv support 11'elfax•e to ti>>ork initiatives cozdd be part of this analysis. B. Financial Planning: The development of sound 1xansportation financial planning process:,s with: nruurate estimates of reasonably available funds, costs for system expansion, fide operation costs and maintenance expenses can be accomplished through a cooperative planning process which considers innovative funding sources (such as State 1� astrucwre Banks). Rigoro-m aaalysis of the financial dimensions of proposed major hTrastiuct= investments will results from coordimated activities to develop transp�rt�Eon plans. I ;; work tasks in the OF-v`Fs can be used to suppe-t thus PEA. The System plFnnirl Y.RTPs, zni thi C PSVPs, could focus attention nn the developmar_t of system expansio:i, fauire operation and maint dance through TDPs and TIPs. For Another major goal area in the = will he fan—ncing transit. A SEOPWicRA 9 8 - "9 FP.OM : Tr3 1 30S 4S2 0074 19P" 12-29 14:29 #73'Y P1.0L211/0,s work task assessing trio extent to wi"ich the transit system is getting the benefit of existing and,potential revenue str earns would be supportive of the nP. C. Environmental ahl d Community Impact: Early consideration of the natural environment and commlznitieg is encouraged in the local transportation planning processes. Air quality is a key con:.em in some metropolitan areas. Creating sustainable communities with protection oifnatw-al resources, concentration, of new development in suitable areas and control of spra:w1 is encouraged through cooicdinated planning between transportation and land use. We and local officials may choose to evaluate their planning processes tip determine how ,well it responds to commtmity needs called for in the Livable Communities initiative, j The coordixiatioii of the LKTPs with local use decisions will encourage the concentration of new develop:n�en.t in suitable areas and control sprawl. UPWPs could use project planning to loot: at specific corridors or transit needs. Surveillance dollars could be used to look at socioeconomic and land use impacts on travel and transportation. For exartipls: A third goal area in the TSP is likely to imbhe the relationship between land use and/or urban form and transit serwice. A. work task that assessed the metropolitan area as to its "transit friendliness" would be =pl,7ortive of the TSP. Studies of transit greenivuys would also,?t in this category. D. Transportation ; $Ld Equity: The distribution of mobility benefits and possible adverse e-nvironment,al and health impacts mated by federally funded transportation investments or activities should be addressed 1-n the transportation plann;ng processes. The benefits of federal transj,,pKirtation investments should be equitably distributed as required by Title Nq. proposed tr'ans.portation investments should be evaluated to ensure they do not disproportionat-ly create adverse, human health and environmental impacts on low- income and "ri V populations. Public transportiation is directed related to the distribution of mobility lyanefits and accessibility to 41 community's resources. UPWPs can use either their system or project plaiminb dollars; to address these needs. Po; era.; Pie, A fourth goal area in the TSP Vt ilI inuolve institutional roles a.,id responsibilities, including hour transit bzr+ercien:ed in rite^ co>r munLy and in the transportation zystem An 4wlys& of these roles and responsibilities with respect to equity and mode choice would be szipporlive of the =, as would a study of the relative economic and env*onmental benefits of a transit systerz less dependant upon the single occupant automobile. 3 T P4� rn I F<ORIOP N)t C M. GRAHAM Mayor P. O. Box 3366 West Palm Beach, Florida 33402 TeL 561/659-8024 Fax: 561 /659-8066 est 'Palm 'Reach "The Orchid City" November 13, 1998 FHWA Division Office, Florida 227 North Bronough Street, Room 2015 Tallahassee, FL 32301 Re: TCSP Grant, Letter of Intent Submittal for the Florida Fast Coast Transit Feasibility Organization (FEC-TFO) and other Florida Cities interested in pursuing options for South Florida Railways. Dear Sir or Madam: On behalf of the City of West Palm Beach, and other cities identified below, and the registered Florida East Coast Transit Feasibility Organization (FEC-TFO) we are submitting the attached Letter of Intent (LOI) for review under the Transportation and Community and System Preservation Pilot Program (TCSP) and part of the TEA-2 1 -Transportation Equity Act for the 21st Century. Several other cities and regional planning agencies have reviewed or been actively involved with rationalizing South Florida railway assets. Their resolutions are included as part of this submittal. The attached LOI is developed to be consistent with previous activities to rationalize rail assets in this region and to secure funds to complete the rationalization process. Recently, several cities approved resolutions encouraging the' submittal of a TCSP LOI which would further the rationalization of rail assets, specifically as it pertains to the Florida East Coast (FEC) Railway corridor. In addition, commentary from key railroad representatives indicated a more generalized rationalization initiative was required. Thus the attached LOI reflects a larger, more generalized scope of review including the FEC corridor as part of a southeast Florida intermodal initiative. Due to the LOI deadline, some signatures may be added on November 16, 1998 during the appropriate public proceedings and faxed to your offices. However, the signatures provided below are from approved public proceedings and should be consistent with LOI submittal requirements. (See attached resolutions). Thank you for your assistance in this matter and please feel free to contact the LOI contact at your earliest convenience. SBOPW/CRA 9 8 - "a9 Page 2 TCSP LOI, Transmittal Letter Cities/Towns and FEC-TFO appropriate signatures for participation. Partner Phone Official Approved 1. Fort Lauderdale (954-761-5004 - City Mayor, Jim Naugle) 2. Riviera Beach (561-845-4010 - City Mayor or Designee) 3. Miami (305-250-5390 - City Commissioner) 4. Lake Park (561-848-3460 - Town Mayor, William Wagner) 5. FEC-TFO (954-527-5475 - FEC-TFO Officer) Thank you for your consideration. Very ly yours, Nancy M. raham Mayor SEOPWiCRA 3 _ TCSP Letter of Intent — Fiscal Year 1999 SUMMARY INFORMATION TYPE OF PROJECT REQUEST: Planning Grant PROJECT NAME & LOCATION: Southeast Florida Rail Corridor Partnership Initiative —St. Lucie, Martin, Palm Beach, Broward and Dade Counties, Florida ORGANIZATION: The City of West Palm Beach (in partnership with the Cities of Riviera Beach, Town of Lake Park, and Miami) & the Florida East Coast Transit feasibility Organization (FEC-TFO), a Florida not -for -profit corporation and non- governmental partner KEY CONTACT: Clare Vickery, AICP ADDRESS: 816 SE 8th Street, Fort Lauderdale, FL 33316 PHONEIFAX: 954.527.6475 phone 954.527.1294 facsimile ESTIMATED GRANT REQUEST: $1,500,000.00 PROJECT DESCRIPTION: The eligible recipients are participating local governments along Florida's east coast within the project location area in partnership with the Florida East Coast Transit Feasibility Organization (FEC- TFO), a not -for -profit corporation (hereinafter collectively referred to as the "partners"). By interlocal agreement, an eligible recipient will administer the funds and FEC-TFO will coordinate the efforts undertaken pursuant to this grant. With this project request, the partners propose to complete the planning process begun in 1996 to rationalize rail assets in southeast Florida. The 1995 Study, completed through a joint effort by Florida Department of Transportation (FDOT), Florida East Coast Railway Company (FEC) and CSX Transportation Company (CSXT), made recommendations for potential consolidation of rail assets requiring a series of initiatives by governmental agencies with the assistance of the private sector. This grant will assist in furthering recommendations and result in preservation practices including the potential consolidation of rail assets in Southeast Florida's most urbanized areas. Consolidated urban rail systems will increase efficiency of transit and freight services, increase urban and regional mobility and encourage investment in compact development in one of the fastest growing regions in the Country. The partners will complete assessments needed to continue the consolidation of Southeast Florida's two rail corridors. Additional, supplemental transit service (rail, bus etc...) will be evaluated for the corridors and applicable land planning needs will be defined. The partners anticipate completion of key assessments within the first year planning phase. Implementation activities will begin based on options developed during the planning phase. It is anticipated that within the following five (5) to seven (7) years, the viability of transit and freight service will have been demonstrated and monitored to a sufficient degree that Southeast Florida corridors will begin to be maximally utilized to serve the region. Results will provide an incentive for private sector compact development, including infill and urban redevelopment activities along appropriate transportation corridors to significantly reduce traffic congestion and environmental impacts. This will provide important economic and transportation benefits to a number of presently undeserved communities within the region. MOPWiC.RA 9 8 - "9 Page 2 of 4 PURPOSE AND CRITERIA: The purpose of the planning phase is to assist in the operations of the FEC-TFO, which will coordinate various Southeast Florida governmental, non -governmental and public input in order to potentially consolidate rail assets in Southeast Florida's most urbanized areas. The FEC-TFO has prepared a draft Scope of Services providing for rail consolidation recognizing the need for overall improvement of the urban transportation system's efficiency and cost effectiveness, and reduction of regional transportation related environmental and economic impacts. The Scope of Services is currently under review by Southeast Florida metropolitan planning agencies and scheduled for workshop discussion in November and December of this year. Railway representatives will be present. The FEC-TFO will hire the appropriate consultants and project managers to complete the Scope of Services and will work with the appropriate agencies or organizations during the completion of the planning and implementation phases. The successful completion of the planning and implementation phases will rely on the public -private partnerships and neighborhood level community involvement that will characterize the operations of the FEC-TFO. The Scope of Services include five (5) key areas: 1) transportation, planning, engineering, congestion management, and transit utilization; 2) town planning, urban design, and architecture; 3) land use and land development regulations; 4) landscape, habitat, and community planning; and, 5) economic benefits to the community, collateral social and educational issues, and cost/revenue fiscal analyses of the proposed consolidation. The completion of the planning phase will result in a series of practical options for implementation. 1 The partners expect the project to improve the efficiency of the region's transportation system by providing reliable and cost-effective alternatives for implementation reducing congested travel corridor and relief for county and local transit and highway systems. Implementation options will reflect increased transit access, convenience, and reduction in auto congestion. 2 The partners expect the project to reduce impacts of transportation on the environment by developing options eliminating the need for additional highway development; reducing automobile emissions; increasing access to convenient modes of travel operating in close proximity to regional and local destinations; maximizing existing infrastructure; and encouraging compact, private sector economic development near key transit and interfacing auto corridors. 3 The partners expect the project will generate implementation options to significantly reduce the need for costly future investments in public infrastructure and maximize significant existing but otherwise unused infrastructure and land. The costs and benefits of options will be provided in order to begin the implementation process. 4 The partners expect the project to ensure maximum access to jobs, services, and centers of trade. Implementation options will focus on affordable, effective and convenient mobility for the South Florida region based on planning for consolidation of key rail assets in highly developed residential, commercial and institutional districts. 5 The partners expect to examine development patterns and identify strategies to encourage private sector investment and achieve the goals of the TCSP. Implementation options may suggest changes to State, regional and local comprehensive plans and zoning ordinances in conformity with the tenets of transit oriented design (TOD), "new urbanism," and the "Eastward Ho!" initiative SEOPW/CRA 9 8 -- "a9 Page 3 of 4 of the Governor's Commission for a Sustainable South Florida. Options will provide a very strong economic incentive for private developers to locate in close proximity to key rail and interfacing auto corridors. OTHER CRITERIA WHICH WILL BE USED TO EVALUATE THE PROPOSAL: A The project is expected to generate commitments of non -Federal resources through significant contributions made by private sector, non-profit, and governmental partners. During both planning and implementation, the partners will seek in -kind contributions, including use of equipment, advertising and promotional considerations, and personnel as a means of augmenting and leveraging TCSP funding. B As a critical element of the project, the partners intend to include an evaluation component designed to determine the effectiveness of the project. By using the existing network of neighborhood associations, the project will access public opinion and knowledge of transportation issues. Neighborhood associations are effective means of communicating important public policy issues and information. Neighborhoods along many of South Florida's urban rail and auto corridors have varied demographics and transportation and land planning needs. Home and work based trips will be analyzed using various accepted planning models and discussed in a series of workshops. Various land planning and urban design concepts will also be discussed. The public will be involved in choosing the best implementation plan and evaluating consolidation issues. C The physical location of key rail corridors and ethnic makeup of the communities most directly served will assure an equitable distribution of grant value with respect to a diversity of populations. Moreover, the partners are committed to the principles of livable communities in urban or centralized and suburban or decentralized development Equitable distribution and environmental equity aspects of transportation planning will be emphasized. D The partners have made provisions for participation of non-traditional partners by anticipating non-profit and private sector entities as full members of the project team. The partners are participating governments along South Florida corridors together with key non-profit and private sector organizations, and will operate a noWbr-profit organization called the Florida East Coast Transit Feasibility Organization (FEC-TFO). The public -private partnership aspect is anticipated to include railway companies and various other key stakeholders. The public sector and private sector participants will appoint members to the FEC-TFO Board (the Board). The Board will manage the project on behalf of governmental partners. The public and private partners are expected to endure and assist in implementation stages, and required research or evaluation procedures to ensure the success and achievements of the demonstration project implemented. ADDITIONAL PLANNING BACKGROUND INFORMATION: As noted above, the partners expect the project to encourage private sector investments and innovative strategies that address the purposes of TCSP. COORDINATION: The project is at this time under consideration for funding through State and metropolitan planning processes. In order to assure close communication and coordination occur, the partners propose to maintain direct relationships with the MPO's and FDOT district offices. Participating governmental partners will channel information on project progress to various agencies, whose support will be demonstrated by endorsement of the project SWPW/CRA - ;� Page 4 of 4 PARTNERS: At a minimum, the cities of Riviera Beach', Miami2 Lake Park,3 and West Palm Beach (via transmittal letter); and the Cities of Fort Lauderdale,4 Fort Pierce, Boca Raton, Dania and North Miami, among others have indicated their desire to work together to further the rationalization of rail assets, specifically as it pertains to the Florida East Coast Railway corridor. Regional planning agencies have provided letters of endorsement for consolidation initiatives and participation in this initiative. The following have assisted indirectly or directly in this LOI submittal deadline: Agencies: Treasure Coast Regional Planning Council,5 Palm Beach MPO,6 Dade and Broward MPO's, the Regional Transportation Organization, a new regional Southeast Florida transportation agency comprised of the three (3) MPO's Cities and Towns: see above Counties: Broward, Dade, Palm Beach, St. Lucie and Martin (via MPO/RTO) Non-profit Organizations: Florida East Coast Transit Feasibility Organization,' Florida Rails to Trails Conservancy, Center for Neighborhood Technology Private Companies: Florida East Coast Railway, Florida Power & Light Public Involvement: The public involvement aspect is expected to include a network of neighborhood associations working with project consultants and the Board to establish key technical, financial and design aspects of future transit and freight options as part of the rail consolidation process. The participant governments will assist in the coordination of the appropriate neighborhood associations as a means of ensuring adequate public involvement on transit relates issues and will assist in publicizing operations. RESOURCES: Railway companies," Florida Power & Light Company, Florida governmental and quasi -governmental agencies, and academic institutions. TIME FRAME: The partners anticipate one (1) year of planning with expected implementation thereafter; commencement of the project within two (2) months of receipt of the grant Under TCSP funding, the partners expect to operate the project for up to one (1) year, with future operations dependant upon outcomes. EVALUATION: Objectives outlined in the LOI will be accomplished; annual reports will be completed for each grant year by direction of the Board or as otherwise agreed upon by the partners and TCSP sponsors. Monitoring will include measurement of short and long-term project results based on national service standards and planning guidelines. Data collection will be conducted throughout planning and implementation. Information will be integrated into semi- annual/annual reports to the Board and annual project reports to TCSP sponsors. ' Approval by Riviera Beach City Commission Nov. 12. 1998 to participate with FEC-TFO in LOI submittal process; actual signature to be forwarded via facsimile November 16, 1998. 2 Approval by Miami City Commission scheduled for November 16, 1998 to participate with FEC-TFO in LOI submittal process; actual signature to be forwarded via facsimile November 16, 1998. 3 Approval by Lake Park Town Commission, November 4, 1998 to participate with FEC-TFO in LOi submittal process. Resolution included. (2 pages) 41996 Fort Lauderdale Resolution supporting the consolidation initiatives. (2 pages) ` 1996 Treasure Coast Regional Planning Council Resolution, Endorsement letter supporting the consolidation initiatives & FEC-TFO LOI submittal process (4 pages) 6 1996 Palm Beach County Metropolitan Planning Organization Resolution supporting the consolidation initiatives. (2 pages) sLetter of Endorsement from FEC-TFO officer to participate in the LOI submittal process. (1 page) Letter from the FEC Railway. SEOPW,CRA 9 8 _ 3 9 e YA e dc", WW Ilim-1 "Jewel" of the Palm Beaches November 13, 1998 FHWA Division Office, Florida 227 North Bronough Street, Room 2015 Tallahassee, FL 32301 RE: TCSP Grant, Letter of Intent Submittal for the Florida East Coast Transit Feasibility Organization (FEC-TFO) and Other Florida Cities Interested in Pursuing Options for South Florida Railways Dear Sir or Madam: On behalf of the Cities identified below, and the registered Florida East Coast Transit Feasibility Organization (FEC-TFO) we are submitting the attached Letter of Intent (LOI) for review under the Transportation and Community and System Preservation Pilot Program (TCSP) and part of the TEA-21 Transportation Equity Act for the 21 st Century. Several other cities and regional planning agencies have reviewed or been actively involved with rationalizing South Florida railway assets. Their resolutions are included as part of this submittal. The attached LOI is developed to be consistent with previous activities to rationalize rail assets in this region and to secure funds to complete the rationalization process. Recently, several cities approved resolutions encouraging the submittal of a TCSP LOI which would further the rationalization of rail assets, specifically as it pertains to the FEC corridor. In addition, commentary from key railroad representatives indicated a more generalized rationalization initiative was required. Thus the attached LOI reflects a larger, more generalized scope of review including the FEC corridor as part of a southeast Florida intermodal initiative. Due to the LOI deadline, some signatures may be added on November 16, 1998 during the appropriate public proceedings and faxed to your offices. However, the signatures provided below are from approved public proceedings and should be consistent with LOI submittal requirements. (See attached resolutions) Thank you for your assistance in this matter and please feel free to contact the LOI contact at your earliest convenience. Sincerely, William H. Wagner Mayor 585 Ad ", ZZ4 A47. AAWe & 38403 15s7) 848-4460 • (564) 848--2973 RESOLUTION V 1998 A RESOLUTION BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA SUPPORTING THE CONCEPT OF IMPROVED RAIL SERVICE IN SOUTH FLORIDA AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF INTENT WITH OTHER MUNICIPALITIES AND THE FLORIDA EAST COAST TRANSIT FEASIBILITY ORGANIZATION (FEC-TFO) TO PURSUE FEDERAL GRANT FUNDS FOR SUCH TRANSIT SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town has prepared a conceptual master plan for a Transit Greenway System to serve the Town and connect with regional transit service, such as in the FEC corridor; and WHEREAS, on October 7, 1998 the Town Commission approved Resolution 59, 1998, which endorsed the conceptual master plan and directed the Mayor and Town staff to seek funding to implement the plan from the Palm Beach County Metropolitan Planning Organization, Florida Department of Transportation, Federal Transit Administration and other appropriate agencies; and WHEREAS, Town staff has become aware of an opportunity for planning and implementation funding assistance for innovative projects through the Federal Highway Administration's (FHWA) Transportation and Community and System Preservation (TCSP) Pilot Program and is working to develop a Letter of Intent in coordination with the FEC-TFO, a Florida not -for -profit organization, and other municipalities along the FEC corridor to indicate the intent to file an application for funding to plan and/or implement rail passenger service in the FEC corridor; and WHEREAS, the deadline for submission of a Letter of Intent is November 15, 1998, the review of the Letter of Intent and selection of approximately 50 applicants to prepare grant applications will occur by December 16, 1998 and a grant application will be due by applicants so selected on February 16, 1999. WHEREAS, there will be no cost to the Town for this action. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AS FOLLOWS: SECTION I That the Mayor is authorized to sign and submit a TCSP Letter of Intent to the FHWA as provided for in the Federal Register Notice - FHWA Docket No, FHWA-98-4370. SECTION 11 This Resolution shall take effect immediately upon adoption by the Town Commission. SEOPW/CRA 39 READ AND ADOPTED THIS 4T" DAY OF NOVEMBER, 1998. ATTEST: 1\ .. P Z�p• Town Cle ON, SEOPW/CRA q R _ n q RESOLUTION NO. 97-149 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACQUIRE THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY. WHEREAS, it has been recently disclosed that Florida East Coast right-of-way is available for purchase; and WHEREAS, the Florida Department of Transportation 2020 Mission Statement calls for a safe, interconnected statewide transportation system for Florida's citizens and visitors that ensures the mobility of people and goods; and WHEREAS, the Florida Department of Transportation is required to expand and enhance rail systems in Florida to respond to statewide mobility needs; and WHEREAS, the Florida East Coast right-of-way represents an important, but underutilized transportation corridor currently providing only freight service to the heavily populated coastal communities between Jacksonville and Miami; and WHEREAS, this presents a unique opportunity for the Florida Department of Transportation to purchase the right-of-way, and initiate rail passenger service linking the heavily populated coastal communities between Jacksonville and Miami; and WHEREAS, the implementation of rail passenger service on Florida East Coast rail lines between Jacksonville and Miami could be a catalyst to encourage infill and redevelopment within coastal communities; and WHEREAS, rail passenger service along the Florida East Coast right-of-way could connect with the Tri-Rail and provide Florida visitors, workers and residents with a transportation alternative to the private automobile, reduce roadway congestion, increase mobility, and enhance ridership on Tri-Rail and Metrorail facilities which are of significant state and federal investment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA: 97-149 sEOPW/CRA 9 8 - "a 9 RESOLUTION NO. 97-149 PAGE 2 SECTION 1. That the Florida Department of Transportation is strongly encouraged to evaluate purchase and strengthening partnerships regarding the Florida East Coast right-of-way between Jacksonville and Miami and initiate rail passenger service to the coastal communities as soon as it is possible. SECTION 2. That the City Clerk is hereby authorized to forward a copy of this resolution to all of the governmental agencies who are involved, including the County Commissions and Officials of Dade, Broward and Palm Beach Counties, the Florida League of Cities, Municipalities and the Chambers of Commerce within the areas involved and the Florida East Coast Railway. ADOPTED this the 16th day of September, 1997. Mayor JIM NAUGLE ATTEST: � -�'- - 1 �) - C' y Clerk LU MASLIAH 97-149 SEOPW/CIS. 9 8 - 099 140'.1-89-1998 1 b : 38 T,=P.PC We if fegi )nal palm beach nning council Novernber 9, 1998 Ms. Clare Vickery Clare Vickery & Associates, Inc. 816 Se 80' Street Fort Lauderdale, FL 33316 Subject: FEC-TFO Initiative Dear Clare: Council is writing to reinforce its support for the FFC-TFO initiative as a step towards rehaning passenger service to the FEC railway. Council has been advocating the return of passenger service for quite some time. In 1992, 1994, and finally in 1996, Council adopted resolutions of support and encouragement (1996 Resolution attached). The F'EC Railway exists as: 1) a largely underutilized transportation corridor, 2) the R.egion's best chance for improving its citizen's mobility and reducing its dependence on I-95 and Florida's Turnpike; and 3) an important catalyst for downtown redevelopment and Eastward Ho! efforts. Council stands ready to pmv:& whatever assistance it can in this effort and looks forward to participating in the feasibility study. sincerely, 7a!, Michael J. Busha, AICP Executive Director MJB:lg Attachment cc: Nelia Coyle, TCRPC Chairman 301 east ocean boulwnrd suite 300 Stuart, florid* 34"4 pboas ("1) tst-.moo u:s9-4"0IM (56r) 2*1-4067 F.8_ SBorw/M 9 8 _ 909 HOV-09-1996 16:39 zL MU • . "7. TCP.PC To: Affected Coastal Cities and Corm = 561=1406 7 P. 03 APR D 3 1995 From: i►�� J_ Bush& AICPN40<6 llp� D .Exmmive DirecW v. L Darr: March 27, 19% EA? Subject: Resolution Supporting the Purchase of sedlor S the FEC Railway Pwmmships on The Trmmm Coast Regioaat P1umiII9 COWcU passed Resolution 96-02 at its regular Couacii Me dW on March 15, 1996. The r-sohmon en,...g. tie awe to evaluate purchase of and/or smmg&=ing parmasWps to en passenger icommutcr service on the Florida Ease � the mstotadon of Coast (FEQco Railway. The Resolution also requem tbm all affected J_ similar resolution as a dcclm== of support jttcisdictions within the Region pass a S mce on the FEC Railway_ ��� Za Passen$Q�comm ua Restoration of passenger service along the FEC ccuidor could enban= the v�ess Of coastal towns and cities in the Region for developer and redevel hoviding Passenger semce on this railway also could one �Y Pd'o� a viable ° � R pon's dependency on and usage of I-95 and Florida's Tie for to the c: Thank you for yow coopamon as Anachrmnt tact a._ WAV— OvAn a..L .f.ass -.dam=* Own C,, +uwse 20m x UO-mm +m tmn =tmmy SEOPw/CRA 9 8 - " 9 1400-0?-199C 16:39 TCP,PC F. 04 OF TJ -M TREASLTE COAST REGIONAL PLANN NG COUNCIL IN SUPPORT OF TT-M FLORIDA DEPARTMENTOF TRANSPORTATION TO ACQUIRE T j E RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAMWAY it has been recently disclosed that the Florida E,. Coast right -Of --way is for sale, and the Florida Department of Tr.ansport *M is required to expand and enhance raft systems in Florida to respond togtgtewide mo needs, and the Florida East Coast right -of --way represents an ipor.;.t, but underutilived tz or tion cmTidor carrently pzovidireg only fraght service to the heavily populated coastal -mmuni es ;$c a and Miami; and thu presents a "unique oppornauty for the Florida Department of 2 portation to purchase the sight -of -way, and k tiate rah passenget service linking the heavily populated coastal ooam,;� betwneen Jacksonville and Miaad; and thetati4n of rail pawcnW "rvX* an Florida Fast Coast rail limes betwom Jacksonville and 1Qnii could be a catalyst to erwovmge MfW and redevelopment withm cl OOities: and SEOPW/CRA q _ ? HOO-09-1990 16:40 TCP.FC 561-7121 6 F.05 22W passenger service along the Florida Fast Coast right-of- way could connect with the Tri-Ras1 and provide Treace Coast and Florida visitors, workers and residents with a h2nsportftm alternative to the Pr autornobile, reduce roadway congestion, increase amob3lit3r, and enhance ridership on Tr' --Rail and Metrorail fa='Ibtres which are of sigrdficnau state and federal investment; and such service would otimetwi a p,,,,Ide djv,,�,e and ra maovs benefits to residents of the Treasure Coast Region and its emnor . NOW, TREFORE BE IT RESOLVED, that the Treasure Coast Regional Plaruung Council strorkgly encourages the Florida department of Traitsportatian to evaluate purchase and/or regarding the Florida Fast Coast zight-of-way between JadmanviTlie and Miaati and initiate rail Passenger service to the coastal cmmzzrdties as soon as it is possible. The d==an thereupon declared the resolution duly passed and adopted this on the m-Zg.C3PN day o f - olq,,up„ :1996. SF.opwf CRA 9 8 ` 9 9 TOTAL P. 05 11/10/1998 16:41 5612325664 METRO PLNG OP.G PAGE 63/03 RESOLUTION mro 4-96 RESOLUTION OF THE METROPOLITAN PLV4MNG ORGANIZATION OF PALM BEACH COUNTY ENCOURAGING THE i+I.ORIDA DEPARTMENT OF TRANSPORTATION TO ACQUIRE THE FLORIDA EAST COAST RAIL RIGHT-OF-WAY AND INrnATE PASSLWGER SERVICE. WHEREAS, the Florida Eap Coast (FEC1 rail rWK-of-way is available for purchase: and WHEREAS, the Florida Department of Trattspotmcion "_'020 Mission St&mmem calls for '...a safe. intercm-cord statewide transpotudon rystmn for Florida's eirinms and visitors that ensures the 'nobility of people and goods... and WHEREAS, the FEC right-of-way reprrsenex an impossanc transportation corridor providing service to the heavily populated coastal communities; and WHMEAS. the Men-opolitan Pl MdW Organization (MPOI adopted 2015 Cost Feasible Transportation System Plan has a-m-fred dw FEC right-of-waY as the corridor far the exaemm of conunuter rail service northward in Palm Beach County; and WHEREAS, rail passenger service ak * dw FEC r+$t-of way .,Id provide residents and visitors with an altmative mode of transportation increasin€ rnobiliry and reducing roadway congestion. NOW, THEREFORE, BE IT RESOLVED BY TEIE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY that the Florida Depa aunt of Tran sportation is scrOWY encouraged to pursue acyuisidon of dhe FEC right -of --way and inftiam rail passenger service w the coastal cormnunities. The fore811% Rtxoltttion was offered by COO - inner Jon sbury who moved its adoptWn- he motion was seconded byComissio„er Ken L. Poster . and upon being put to a vote the motion was passed. The Chairman dunxilpon declared the Resolution duly adopted rhis t Ath day of April . 1996_ METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY BY: ChAirman r _aTTF Ezesui c Sec ,_a_ J APPROVED AS To RMM�ND LEGAL SUFFICIITICY A nt County Attolrrey smpw/cm 9 8 - 9 FLORIDA EAST COAST RAILWAY COMPANY nFic ONE MALAGA STREET, P. O, BOA 1048. ST. AUGUSTINE. FLORIDA 32085.1048 OFFICE OF THE CHAIRMAN September 25, 1998 Third Planet 1170 Lee Wagener Boulevard Suite 111 Fort Lauderdale, FL 33315 Gentlemen: This will address request of John Rude, through my Greg West, that I address your group setting out FEC's willingness to participate in the planning and funding of a regional transit feasibility study to include FEC's rail corridor through the communities of Miami, Hollywood, Fort Lauderdale, Boca Raton, Delray and West Palm Beach. In this regard, Mr. West gave me copies of the pamphlet distributed at that meeting. report of your September 8th presentation to the Broward County MPO/CIR and provided me in order that the record may accurately reflect background of this subject, I should recall the subject of a study first came to my attention with Ms. Vickery's letter of August 14 wherein she set out the formation of your organization and stated 'The study will model regional economic, environmental and other impacts associated with the FEC ROW as a multi -modal transit corridor. The study will also model regional impacts if the FEC is not used as a transit corridor." The letter went on to say "In the past, the FEC indicated interest in supporting a transit feasibility ty I followed up Ms. Vickery's letter with a telephone call and with my letter of August 25, a co of which -is attached. Soh my conversation and my letter indicated FEC's willingness to D=Ar in a study, however, it was pointed out that whereas FEC had previously indicated willingness to participate in funding a L�l.l co_ordinaf n study with CSXT and FDOT it was not driven by an thought that introduction of rail transit to FEC's corridor would present a profit opportunity to FEC. Rather FEC's interest in this prior suggested project was driven by the ho es that a sharing of FEC`s corridor and facilities and those assets controlled by FDOT, i.e., he former CSXT corridor and facilities, would result in a release of some corridor properties for a higher use and/or a more efficient and more profitable freight operation. Preliminary study by FDOT, FEC and CSXT concluded a second phase requiring funding was not likely to result in a feasible Plan and study was concluded. My purpose here is to show that FEC is willing and ready to cooperate in a study, however, I cannot commit FEC to any participation in funding in the absence of a detailed budget and an expression from your group as to how you expect the study to show FEC's shareholders are expected to profit since there is little question that rail passenger transit can generate a positive return for FEC. As I suggested in my earlier letter, FEC believes a coordination of FEC's SEOPW/CRA 9 g - ^ 9 Page 2 September 23, 1998 Operations and properties with those of the State-owned operations and facilities throughout all Of South Florida is the only reasonable approach to a resolve of rail transportation needs in the area and accordingly any study not having the support of CSXT, FDOT and FEC is not likely to meet with success. Perhaps it may be a good idea for some of your principals to meet with me and some of my staff to discuss in depth why FEC should join in funding a project of primary importance to the communities we serve. I would appreciate your corresponding directly to me as this is a matter of importance to FEC that we continue to be viewed as a good corporate neighbor throughout our operating territory and while Mr. West can represent us well in working with your group, he cannot commit the Company to expenditures of the type requested here. CFZtfm Attachment Yours very truly, f Carl IF. Zelle �� Jr. ChairmanJ SWPWICRA 9 8 - 9 FEC-TFO Florida East Coast Transit Feasibility Organization 1170 Lee Wagener Boulevard Suite 111 Fort Lauderdale, FL 33315 November 12, 1998 FHWA Division Office, Florida 227 North Bronough street, Room 2015 Tallahassee, FL 32301 RE: TCSP Grant, Letter of Intent Submittal for the Florida East Coast Transit Feasibility Organization and other Florida Cities interested in pursuing options for South Florida Railways Dear Sir or Madam, On behalf of the Florida East Coast Transit Feasibility Organization (FEC-TFO), I am endorsing and look forward to participation in the Southeast Florida Rail Corridor Partnership Initiative. The initiative is intended to create partnerships between governmental and non- governmental entities to continue the consolidation of Southeast Florida rail assets and improve transit and freight efficiency and access. The FEC-TFO was organized as a not -for -profit corporation in 1998 and began organizing various local governments and regional agencies with an interest in improving transit opportunities in the Southeast Florida region. The FEC-TFO through its efforts was able to generate interest in applying for federal funding for the Southeast Florida Rail Corridor Partnership initiative (the Initiative). As a non -governmental partner in the Initiative, we recognize that our organization is not eligible to receive grant funds. An eligible recipient for the grant funds will be designated by an interlocal agreement indicated in the Letter of intent (LOI). The FEC-TFO will assist the eligible recipient in managing the Initiative as the grant application process proceeds. As the designated LOI contact, I will be glad to answer any of your questions and work with the eligible recipient to complete the application process. 7ZkV ryours,ickery, AICP SEOPW/CRA 3 S — 909 ronment as the collector greenways, but ww provide specialized transit service utilizing smaller transit vehicles, most likely operating on their own path or guideway away from street traffic, and possibly using a narrow-gauge rail or trolley car vehicle (see chart below). The transit vehicles would operate at an average speed of 10-15 mph, stopping frequently along the route. The service would also have low headways of 10-15 minutes, meaning that a transit vehi- cle would pass by any point 4 to 5 times an hour in peak periods. There are two routes in the plan: an east loop serving historic downtown, the marina, the Northlake Promenade Shoppes, and the US 1 corridor; and a west loop which would serve existing industrial and retail areas west of the FEC railroad as well as the proposed neotraditional neighborhood planned for the western part of the Town. Narrow Gauge Railroad Standard Minibus Ow!s-f�IT INS Trackless Trolley • Intermodal and Parking Facilities - The plan includes ten intermodal and parking facilities scattered across the Town. At these facilities, visitors to the Town, whether for employment, shopping, recreation or business, could park their cars and utilize the special transit system to circulate across the Town. These facilities would encompass mixed -uses as appropriate, including com- mercial, retail and residential space. Also, several of these facilities would serve as intermodal terminals, connecting the transit greenway system with other transportation services such as Palm Tran bus routes and potential com- muter rail service in the FEC railroad corridor. • Town Gateways - At several locations around the Town, gateway features would be installed to help create an identity, to serve as landmarks, and to provide a sense of place for residents and visitors alike. These gateways would be clock towers, small portals, arches and gates, plazas or signature buildings as appropriate. I CAPITAL AND OPERATING COST ESTIMATES The capital cost estimate for the conceptual plan is based on construction and other implementation costs for primary components of the plan, and includes all elements outlined. A staging of system implementation would affect the required capital to initiate system operations. Separate costs have been devel- oped for each of the elements of the system in 1998 dollars as presented below: • East Loop Arterial: $14.9 Million • West Loop Arterial: $21.1 Million • Collector Greenways: $ 8.9 Million • Intermodal/Parking Facilities: $14.6 Million • Local Match/Bond Fund Projects: $ 9.8 Million Operating costs we,. eveloped for the system based on 16 hour service days, average system speed of 10 to 15 MPH and average headways of 10-15 minutes. Based on these assumptions, the operating costs were estimated at $525,000 per year for the east transit loop and $350,000 per year for the west transit loop. IMPLEMENTATION Upon the Town's approval of the transit greenway conceptual master plan, it should schedule for adoption the suggested transit greenway related compre- hensive plan revisions as an early step in the overall implementation process. This will help to establish a legal basis to justify support by the Palm Beach County MPO, the Florida Department of Transportation (FDOT) and the US Department of Transportation for the transit greenways master plan. In addi- tion, it will support the basis for the Town's request for inclusion of initial design and assessment of environmental impacts (IDA) planning efforts within the FDOT Five -Year Work program as money from the TEA-21 federal legisla- tion is made available for new transportation initiatives. The IDA planning effort will be undertaken to further refine the transit green - ways concept in terms of overall feasibility, ridership potential, costs and envi- ronmental impacts. Completion of the IDA will position the Town for future capital funding support from the Federal Transit Administration and FDOT. A variety of sources for financing the transit operations were identified in the study. It is also anticipated the capital costs will be eligible for various state and Federal funds. The transit greenway is an innovative solution to urban travel needs, receiving increased attention in state and federal transportation policies, as new funding opportunities are becoming available. Lastly, the Town will consider developing its bond issue projects in concert with the transit greenways plan. This will preserve the rights of way and accommo- dations defined in the plan, while preserving the Town's opportunity to leverage the bond funds as part of the overall project implementation strategy. STUDY TEAM Thomas F. Gustafson, P.A. PBS&J REP Associates Urban Design Renderings by Ramon Trias u A cJC�o(1.;3 Transit Greenway Study Town of Lake Park, Florida EXECUTIVE SUMMARY %le ?oa* 4 -&-de Pave lad deueF, Aa a wladioa to nedee�e" &4-4 ad tle %Cie %aatdit wwA6 cal wadtea AF W de4GZded a eawwuu wide 4"re4a eaa¢iategt u itl flat Wua.¢taa ticat 44wa do aci - caae4 aduaaee tle %auks 90,P . OCTOBER 1998 I; IL �S L n��ar�saerww t L t � t•,d + •�atat�a�#w SEOPW / CRC► 98 — 99 ioieendisa -.. SEOFW/CRA' 1 IN WOinAaoEM uo!139S lealdAi (lepieWWOO) enueAV Ved O O sainlead Aemale0 unnol <> sued V suowwoa unnol slooyoS xaldwoo eu!aew sluawa13 a0410 :smollol se paclposap pup dew IuaOelpe aqj uo umogs'sjuawala ulew IeJangs 10 SISlsuoO veld Jalsew agj -uMol aql u! 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SPECIALIZED DEVELOPMENT SERVICES 816 SE 81h Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 MEMORANDUM TO: City Manager's Staff and City Commissioners FROM: Clare Vickery, AICP RE: Potential for transit on the FEC DATE: October 30, 1998 Per your request, here is a draft copy of a resolution authorizing the Mayor or his Designee to sign a Letter of Intent for a grant to plan and implement transit on the Florida East Coast Railway corridor. I have also included a copy of the Letter of Intent, which the resolution addresses. The Letter of Intent is the first step in a process to select 20 applicants nationally to receive grant monies over a five (5) year period. Each applicant could receive up to $5,000,000 during the five (5) year period if the grant process is consistently successful each year. The Letter of Intent will have at minimum four (4) signatures. Mayors or their appropriate designees from the Cities of Miami, Fort Lauderdale, and West Palm Beach are scheduled to authorize the submittal of the Letter of Intent with their "partner," the FEC-TFO (the Florida East Coast Transit Feasibility Organization), a Florida not -for -profit corporation. Other smaller cities or suburbs may be included in order to indicate the extensive support of this initiative. The Letter of Intent will be reviewed with many applications nationally. A decision will be made by the federal government in December 98 as to which Letter of intent merits further review through a formal application process. The formal application must be submitted by the cities and their not -for -profit partner by February 1999. At that time, twenty (20) or less applicants will receive approval for funding. The attached resolution is an attempt on the FEC-TFO's part to assist the City in approving this initiative. We have provided a draft Letter of Intent which should receive commentary by your staff prior to November 6, 1998. All cities comments will be blended into the body of the letter of intent so it accurately reflects each City's individual intentions to best extent possible. A final draft will be provided by November 12,1998 for signature. If you should have any questions, please do not hesitate to call me at 954.527.6475 or email me at 1;c,11 Thank you again for your assistance in this matter. 11 sEorw/cRA 9 8 - "a9 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 333'6 Phone 954.527.5475 Facsimile 954.527.1294 A Resolution by the City Commission of the City of Miami, Florida supporting the concept of improved rail service in South Florida and authorizing the Mayor or his Designee to sign a Letter of Intent with other municipalities and the Florida East Coast Transit Feasibility Organization (FEC-TFO) to pursue federal grant funds for such transit service;'and providing an effective date. Whereas, the Mayor and other Mayors from many cities along Florida's east coast met in January 1998 at the South Florida Regional Planning Council to discuss and support transit opportunities on the Florida East Coast Railway, and Whereas, the City approved Resolution(s) , in _ 1997, which strongly encouraged evaluation of the purchase and strengthening of partnerships regarding the Florida East Coast Railway right-of-way between Jacksonville and Miami and initiate passenger service to the coastal communities as soon as it is possible, and Whereas, the City has prepared a series of conceptual Master Plans for the redevelopment of key corridors in the City and is interested in selecting locations for potential transit stops along the Florida East Coast railway, and Whereas, the City on ,19_, approved the Master Plans through Resolutions and directed the City Commission and City Staff to seek funding to implement these Plans from the Federal, State, County and other appropriate agencies, and Whereas City Staff has become aware of an opportunity for planning and Implementation funding assistance for innovative projects through he Federal Highway Administrations (FHWA), Transportation and Community and System Preservation (TCSP) Pilot Program and is working to develop a Letter of Intent in coordination with FEC-TFO, a Florida not -for -profit corporation, and other municipalities along the FEC corridor to indicate the intent to file an application for funding to plan and/or implement rail passenger service on the FEC corridor; and Whereas, the deadline for submission of the Letter of Intent is November 15, 1998, the review of the Letter of intent and selection of approximately 50 applicants to prepare grant applications will occur by December 16, 1998 and a grant application will be due by applicants so selected on February 16,1998. Whereas, there will be no cost to the City for this action. Now, therefore, it is hereby resolved by the Commission of the City of Miami, Florida, as follows: Section ssOMCR ►' 9 g — 99 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 916 SE alh S7 t t Mayor or his Designee is authorized to sign and submit a TCSP Letter of Fort Lauderd the FHWA as g Phone 954.5 provided for in the Federal Register Notice — FHWA Docket Facslmlle 9544W. A-98-4370. Section H This resolution shall take effect immediately upon adoption by the'City Commission Read and adopted this _ day of , 98. mopw/cm' 9 S — 90 9 In Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 81h Street Fort Lauderdale, FL 33316 Phone 954.527.5475 facsimile 954.527.1294 SUMMARY INFORMATION - DRAFT LETTER OF I1V'TENT Type Of Project Request: Planning Grant and Implementation Grant Project Name And Location: Florida East Coast Passenger Rail Transit Organization: City of Miami, City of Fort Lauderdale, City of West Palm Beach, Town of Lake Park, Florida, and Florida East Coast Transit Feasibility Organization, a Florida not -for -profit corporation. Key Contact: Clare Vickery, A1CP Address: 816 SE 81h Street, Fort Lauderdale, FL 33316 Phone/Fax,/E-mail: 9,54.527.5475/954.527.1294/clare.m.vickeryr—aatt.net Estimated Grant Request: $1,500,000 PROJECT DESCRIPTION: The eligible recipients are participating local governments along the FEC corridor within the demonstration area, in partnership with the Florida East Coast Transit Feasibility Organization (FEC-TFO). By interlocal agreement, an eligible recipient will administer the funds and FEC-TFO will coordinate the efforts undertaken pursuant to this grant. Under this project request, the partners propose to complete the planning and implementation of passenger rail transit service along South Florida's east coast utilizing the existing Florida East Coast Railway (FEC) corridor and infrastructure. The partners intend to establish a demonstration project for rail passenger transit service between Dade County and St Lucie County. Destinations are expected to include (at a minimum), the cities of Miami, Fort Lauderdale, Boca Raton, Delray SEOPwicm - 9 9 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES Foi Lauderdale, B+e�ch�West Palm Beach, and Fort Pierce. The demonstration project is designed Phone 954.527.5475 Facsimile 954WS6M concentrated population areas and commercial destinations, and is expected to lead to rail transit service on the FEC corridor statewide (see attached draft service area map). In the near term, the partners anticipate the completion of the planning phase and the start of the Implementation phase within the first year of the project. Over the following five to seven year period, it is anticipated that the viability of the service will have been demonstrated to a sufficient degree that statewide service can be implemented. The partners expect that the project will demonstrate: the need for and viability of long-term passenger rail transit service for the FEC corridor on a statewide basis; that such service will provide an incentive for compact private sector infill and redevelopment activities along the FEC coffidor; that the service will significantly reduce traffic congestion and air pollution; and, that It will provide important economic and transportation benefits to a number of presently undeserved communities. PURPOSE and CRITERIA: The FEC-TFO will hire the appropriate consultants and project managers to complete the planning phase and will work with the appropriate agencies or organizations during the Implementation phase. The successful completion of the planning and Implementation phases will rely on the public -private partnerships and the neighborhood level community involvement that will characterize the operations of the FEC-TFO. The planning phase will include five (5) key areas of review: 1) transportation, planning, engineering, congestion management, and transit utilization; 2) town planning, urban design, and architecture; 3) land use and land development regulations; 4) landscape, habitat, and community planning; and, S) economic benefits to the community, collateral social and educational issues, and SEOPWICRA! ' 9 S — 99 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 costfrevenue fiscal analyses of the proposed improvements. The result of the review will be a series of practical transit service options for implementation. sEOPw/cR 9 8 - 9 9 N.," .0 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 818 SE 8th S, phase will focus on activating a ion dormant transportation asset Fort Lauderdagng P $ g p r Phone 954.527.5475 Facsimile 954. Z7.1 the C railway corridor. In large measures, much of the growth and development of Florida can be traced to the impact of the FEC Railway. The FEC discontinued passenger service in the State of Florida in the 1960's, during a period of general national decline in passenger rail travel and a. corresponding boom in automobile use. Prior to that time, the FEC 'corridor had provided an efficient means of transporting people and goods between the southern tip of Florida and the rest of the continental United States. The renewal of passenger rail service will improve the movement of people and goods in the South Florida region by restoring transit opportunities to communities located in an unsaved corridor, reducing reliance on the automobile as a mode of transportation, and reducing the associated congestion, pollution, and related problems. Renewed service will also reduce the impact of blighted and degraded properties located along the corridor as they gain new economic efficacy and become attractive for private developers to transition from heavy commercial and industrial uses to . environmentally sound affixed -use development. In addition, the use of rail for passenger service is anticipated to further the environmental concerns embodied in Florida's growth management laws. In spite of those growth management SEOPW/CRA - 99 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 laws, concurrency and impact fee requirements have not been able to contain development near the Florida Everglades and other important rural and conservation areas. Florida's communities continue to groin at unprecedented rates. The planning phase will identify: ways in which to sustain and revitalize existing urban communities along the FEC corridor through: integrated and strategic transportation and land planning; incentives to promote the development of sustainable livable communities in presently underdeveloped and blighted areas along the right-of-way; and, the costs and benefits of managing both land and transportation assets. Those communities located to the west of the FEC will also be included in the planning process and stand to accrue significant benefits. 1, The partners expect the project to improve the efficiency of the region's transportation system -by providing a reliable and cost effective alternative to use of the automobile in an otherwise congested travel corridor, and relief for county and local transit systems. By virtue of its location in the FEC corridor, the project will have its impact on some of the most highly developed and congested areas of South Florida, and anticipates the high rate of growth from Palm Beach County north, along that right-of-way; 2. The partners expect the project to significantly reduce the impacts of transportation on the environment by: eliminating the need for additional Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE Sth Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 I highway development; reducing automobile emissions and other problems as drivers find a convenient mode of travel operating In close proximity to the destinations they need to reach; making use of an existing Infrastructure; and, . encouraging compact, private sector economic development near the corridor, 3. The partners expect the project to significantly reduce the need for costly future investments in public infrastructure by virtue of the fact that it makes use of significant existing but otherwise unused infrastructure capacity to reduce the number of automobile trips in the corridor. Based upon current growth patterns and projections, the project is located in one of the fastest growing areas of the nation; 4. By virtue of the project's right-of-way location and the communities it is intended to serve, the partners expect its operation to ensure efficient access to jobs, services, and centers of trade, all of which are located abundantly and conveniently throughout the corridor, which runs through some of the most highly developed residential, commercial and institutional districts of the South Florida region, and includes such national security interests as the U.S. military southern command center located in Miami; 5. As a part of the project, the partners expect to examine development patterns and identify strategies to encourage private sector development patterns, which achieve the goals of the TCSP. The project itself may suggest changes to local comprehensive plans and zoning ordinances in SEOPW/M 9 s _ 39 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 conformity with the tenets of transit oriented design (TOD), the new urbanism, and the Eastward Ho! Initiative of the Governor's Commission for a Sustainable South Florida. It will also provide a very strong economic incentive for private developers to locate in close proximity to the corridor, thereby reducing sprawl. Other criteria which will be used to evaluate the proposal: a. The project is expected to demonstrate a strong commitment of non - Federal resources through the significant contributions made by private sector, non-profit, and governmental partners. During the demonstration period, the partners will seek in -kind contributions, including use of equipment, right-of-way, advertising and promotional considerations, and personnel as a means of augmenting and leveraging TCSP funding; b. As a critical element of the project, the partners intend to include an evaluation component designed to determine the effectiveness of the project. By using the existing network of neighborhood associations, the project will access public opinion and knowledge of transportation issues. Neighborhood associations are effective means of communicating important public policy issues and information. The neighborhoods have varied demographics and transportation and land planning needs. Horne and work based trips will be analyzed using various accepted planning models and discussed in a series of workshops. Various land planning SWPWICRA 9 s — 99 Clare Vickery & Associates; Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8111 Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 964.527.1294 and urban design concepts will also be discussed. A series of potential transit stops will be chosen and designed and a comprehensive report will be produced indicating the costs and benefits of options. The public will be involved in choosing the best implementation plan and in the evaluation process after the demonstration project is completed; C. The physical location of the FEC corridor and the ethnic makeup of the communities to be most directly served will assure an equitable distribution of grant value with respect to a diversity of populations. Moreover, the partners are committed to the principles of the livable communities initiative, equitable distribution and environmental equity; and, SEOPW/CRA 9 8 — '�' q 10 ,..t Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES Safi La Sth derdile, he partners have made provision for the participation of non-traditional Forl Lauder ale, FL 3 316 Phone 954.527.5475 Facsimile 954.SZ7.1294 parmers by including non-profit. and private sector entities as full members of the project team. The partners are participating governments along the FEC . corridor within the demonstration area, together with key non-profit and private sector organizations, that will operate a not -for -profit organization called the Florida East Coast Transit Feasibility Organization (FEC-TFO). The public - private partnership aspect will include a partnership between the Florida East Coast Railway Company and the various participant governments along the FEC. The public sector and private sector, participants will appoint members to the FEC- I'FO Board (Board). The Board will manage the project on behalf of the local governmental partners which will include the initial study, coordination between the public and private partners during the implementation stages, and the research elements to evaluate the success and achievements of the demonstration project implemented. Implementation Grant background information on established community preservation practices that: _ 1. Qualify for Federal highway and transit funding: The Broward, Palm Beach and Dade County MPO's have indicated that the proposed project qualifies for federal highway and transit funding through The project is currently undergoing review for funding by the Florida Department of Transportation via the statutory work program process. (Have the RTO add to this); 2. Coordinate with State and locally adopted preservation and development plans: The proposed project is consistent Kith the relevant State, regional, SEOPW/CRA - 9 9 iJ Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 3331e Phone 954.527.6475 Facsimile 964.527.1294 county and local Comprehensive Plans. The project is . also consistent with a variety of recent development, redevelopment, and transportation policy documents including: "Rail Rationalization Study' (1995); "Eastward Ho! Revitalizing Southeast Florida's Urban Core" (1996); and, "Town of Lake Park Transit Greenway Study" (1998); 3. Integrate with transportation and community and system preservation practices: The proposed project is consistent with a variety of current transportation and community and system preservation practices, including the Fort Lauderdale Beach .'Moratorium Study which indicates transportation planning options to better circulate beach related vehicular and pedestrian traffic and suggests the use of transportation funds for city-wide transportation improvements with demonstrated benefits to beach congestion. Implementation of transit service on the FEC is also consistent with the West Palm Beach planning initiative including proposed land use changes along the FEC corridor, and the Lake Park Transit Greenway Study which proposes intermodal transit links to a number of systems and anticipates the institution of passenger rail transit service on the FEC corridor. A plethora of proposed transit stops will need to be considered as a part of the project's operational development; SEOPW/CRA' 9 S -- 99 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 964.527.12 T Promote investments in transportation infrastructure and transportation activities that minimize adverse environmental impacts: The project Nvill make use of existing infrastructure that is located in a prime South Florida transportation corridor but is currently dormant with respect to passenger transit. Little or no new construction activity is anticipated although some station rehabilitation may be required. The project is expected to encourage accessible private sector development and redevelopment of communities along the right-of- way, enhance community redevelopment programs in the corridor, and reduce automobile trips; and, 5. As noted above, the partners expect the project to encourage private sector investments and innovative strategies that address the purposes of TCSP. COORDINATION The project is separate from but consistent with State and metropolitan planning processes. in order to assure that close communication and coordination occur, the partners propose to maintain direct relationships with the several MPOs and FDOT. Participating governmental partners will also channel information regarding the progress of the project to the various agencies, whose support will be demonstrated by endorsement of project sEOPW/CRA 9 8 - 9 9 fates, Inc. Clare Vickery & Assoc SPECIALIZED DEVELOPMENT SERVICES 816 SE 81h Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 964.527.1294 PARTNERS Mayors of various Florida cities, from Daytona Beach to Miami, met in January, 1998 in the Fort Lauderdale area to coordinate efforts to study and secure the FEC corridor for public transit The FEC-TFO is created in order to further the efforts expressed by local, County and State governments to study and provide better public transit to Florida's most populous regions. Although many more organizations are expected to participate in the project, the following have agreed to participate as of the deadline for this submittal: Agencies: Metropolitan Planning Organizations: Broward, Dade, Palm Beach Regional Planning Councils: South Florida, Treasure Coast Florida Department of Transportation Cities and Towns: Fort Lauderdale, Fort Pierce, Lake Park, Miami, West Palm Beach Counties: Broward, Dade, Palm Beach Non-profit Organizations: Florida East Coast Transit Feasibility Organization Private Companies: Florida East Coast Railway, Florida Power & Light Public Involvement: The public involvement aspect is expected to include a network of neighborhood associations working with project consultants and the Board to establish key tecimical, financial and design aspects of future transit along the FEC. The participant governments will assist in the coordination of the UOMMA _ 9 9 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE 8th Street Fort Lauderdale, FL 33316 Phone 954.527.5475 Facsimile 954.527.1294 appropriate neighborhood associations as a means of ensuring adequate public involvement on transit relates issues and wil.i assist in publicizing operations. RESOURCES Florida East Coast Railway Company - use of right-of-way Florida Power & Light Company - Local governmental agencies - advertising and publicity, coordination, staff TIME FRAME The partners anticipate that project planning will require an additional six months with operations commencing within one (1 ) year following receipt of the grant. Under TCSP funding, the partners expect to operate the project for up to one year, with future operations dependant upon outcomes. Data will be collected and analyzed throughout the project with interim reports made to the partners on a monthly basis. During the first two years, major progress evaluations by the partners will occur every six months with reports 'made to FTA and other sponsors annually or on amutually agreed upon basis. Future evaluation schedules will be determined by the partners based upon the results of the project SEOPW/cRA 9 8 - "9 Clare Vickery & Associates, Inc. SPECIALIZED DEVELOPMENT SERVICES 816 SE Sth Street Fort Lauderdale. FL 33316 Phone 964.527.6475 Facsimile 954.527.1294 EVALUAT'lati' The•following is a summary of the preliminary plans for evaluation of the activity, including means of monitoring, indicators and measures of performance, and plans for reporting resufts: 1. The accomplishment of the objectives as outlined in the project LOI will be reflected In annual reports completed for each of the first two grant years, by direction of the Board thereafter, or as otherwise agreed upon by the partners and FTA; and, 2. Measurement of the short- and long-term results of the project willbe conducted by data collection throughout its, progress. A variety of data collection and analysis measures will be employed, both by the FEC-rrFO and the individual partners. The FEC-TFO study is designed to adequately and accurately assess transit feasibility based on national transit service standards and planning guidelines. The information obtained will be integrated into monthly, semi-annual, and annual reports to the Board, and annual project reports to the TCSP sponsors. W0PW/CRA 9 s — 9 - 0 0 T o m D 0 N d <D tu �' (D N n n 0 1— to J n2. N d J C M N m y 3 3 �o o v� 3 J -I m o' ii n, m N D 3> j m c 3 d v In n Q. fn 3 0 3 o d 2 J 2 'o' " P+ o m — w a S ^ cniS-p .--in-n 2 C)T D* -n r Z j 3 D 01 0 3 m o r' C) O D - c (n X J J N X ET 0 J 3 3 ill T N C) ro 3 o m 0 c > j m ( D c c O d J N m 3 a n 3 o a C y d A _ w _ 0 ca An. m K �, r�o 0 � y o -0 o -U 'mD-ntCn:1 < CD a `< p m m p D n v x D �o J 0 O r0 m r0 m Dro P�D� D 1 = O N T- O 7 rn m Z m n� O N T c c' m �• O c CD E v ro W_ O tV (JI W N N O N :d W rJ N O N I Q I� • m m ro d O x N N Cn (n N ry N m N touD co to to 0 V p C. N �� w N o 01 N .10 fJr 0 o IA N 0 TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT fear 1998 I999 2000 2U01 002 2003 Total Authorization So S80x1 S90M 5110\I S120\t S130�1 5i3O%1 Max. Nominal SO 51,600\I 51,800\I Amount of Credit S2._00\I S'_,400\I S2,600M S10.600.'.1 Programpurr ose The Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) (title 1, subtitle E, chapter I of TEA-21 ) will provide Federal assistance in the form of credit to major transportation investments of critical national importance, such as intermodal facilities, border crossing infrastructure, expansion of multi -State highway trade corridors, and other investments with regional and national benefits. The TIFIA credit program is designed to fill market gaps and leverage substantial private co -investment by providing supplemental and subordinate capital. (1503) Program Products The TIFIA credit program consists of three distinct types of financial assistance (product lines), designed to address projects' varying requirements throughout their life cycles: • Secured loans are direct Federal loans to project sponsors offering Flexible repayment terms and providing combined construction and permanent financing of capital costs. • Loanguarmuees provide full -faith -and -credit guarantees by the Federal gosemment to institutional investors such as pension funds which make loans for projects. • Standby lines ojcredit represent secondary sources of funding in the form of contingent Federal loans that may be dray n upon to supplement project revenues, if needed, during the first 10 Nears of project operations. The amount of Federal credit assistance may not exceed 33 percent of total project costs. [1503 Funding A total of $530 million ofcontract authority is provided to pay, the "subsidy cost" of supporting Federal credit under TIFIA, that is, to cover projected losses. Annual caps totaling SI0.6 billion limit the nominal amount of credit instruments issued. (1503, TRA 9007) Eligible Activities Any, type ofproject that is eligible for Federal assistance through surface transportation programs under title;; 23 or chapter 53 of title 49 U.S.C. (highway projects and transit capital projects) is eligible for the TIFIA credit program. In addition, the following types of projects are eligible: international bridges and tunnels: inter-ci . passenger bus and rail facilities and vehicles (including Amtrak and magnetic levitation sy;tem;l. and publicly ossned intermodal freight transfer facilities (except seaports or airports) on or station t to the National Hightsay Syslem. [1503] Each project must meet certain objectively measurable threshold criteria to qualify: it must cost a! least S I C,,,million or 50 percent of the State's annual apportionment of Federal -aid funds. ss hichever is less. (For intelligent transportation system projects. the minimum cost is S30 million.) The project also must be Supported in whole or in part from user charges or other non -Federal dedicated funding sources and be 21 .O included in the State'stransportation plan. [I503j Qualified projects meeting the initial threshold eligibility criteria will be evaluated by the Secretary and selected based on the extent to which they generate economic benefits, leverage private capital, promote innovative technologies, and meet other program objectives. Each project must receive an investment grade rating on its senior debt obligations before its Federal credit assistance may be fully funded. [ 15031 Jul} 10, 1998 22 Transportation Equity Act for the 21st Century Finance and Innovation Act of 1990" . SEC. 1502. FINDINGS. <<NOTE: 23 USC 181 note.>> Page 135 of 4it, Congress finds that-- (1) a well -developed system of transportation infrastructure is critical to the economic well-being, health, and welfare of the people of the United States; (2) traditional public funding techniques such as grant programs are unable to keep pace with the infrastructure investment needs of the United States because of budgetary constraints at the Federal, State, and local levels of government; (3) major transportation infrastructure facilities that address critical national needs, such as intermodal facilities, border crossings, and multistate trade corridors, are cf a scale that exceeds the capacity of Federal and State assistance programs in effect on the date of enactment of this Act; (4) new investment capital can be attracted to infrastructure projects that are capable of generating their ow revenue streams through user charges or other dedicated funding sources; and (5) a Federal credit program for projects of national significance can complement existing funding resources by filling market gaps, thereby leveraging substantial private co - investment. SEC. 1503. ESTABLISHMENT OF PROGRAM. (a) In General. --Chapter 1 of title 23, United States Code, is amended by adding at the end the following: -SUBCHAPTER II --INFRASTRUCTURE FINANCE Sec. 181. Definitions •'In this subchapter, the following definitions azzi}: •(1) Eligible project costs. --The term 'eligib'-e project costs' means amounts substantially all of which, are paid by, or for the account of, an obligor i' connection with a project, including the cost cf-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, prelimin-ary engineering and design work, and other preconstruction activities; (8) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land related to the project and improvements to land), ((Page 112 STAT. 24211 environmental mitigation, construction ccr.-ing=_-dies, and acquisition of equicment; and " (C) cacitali:ed interest nec=_ss-ri tc meet r,ar%=t requirements, reasonably required reserv✓ d 'cn<, cani*a, issuance expenses, and other carrying cos- ccr� construction.- 9 (2) Federal credit instrument --Tr.e ter.- 'F=�- ara1 cred;t instrument' reams a sacur=_d loan, loar. a� -ran - credit ' line of lxed tc be mad •: credit au[nere aaila-Zl ;der t..:s s_bc..acter with respec_ to a project. - ..(3) Investment-grada ratin-.- Tr._. ter^ :n:estmer._-grad- ratin.;' means a rd.:ng Cafe C: E=.� gori .,_..us, E3a3, or hig er http:/,�wicw .lh�� a.tloLgov/tea21/h3.100cnr.htm rrI I ransportation Equity Act fur the 21 st Century Page 136 of 456 Transportation Equity Act for the 21 St Century assigned by a rating agency to project obligations offered into the capital markets. 1. (4) Lender. --The term 'lender' means any non -Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including -- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and '(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (5) Line of credit. --The term 'line of credit' means an agreement entered into by the Secretary with an obligor under section 184 to provide a direct loan at a future date upon the occurrence of certain events. ' (6) Loan guarantee. --The term 'loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (7) Local servicer.--The term 'local servicer' means -- (A) a State infrastructure bank established under this title; or (B) a State or local government or any agency of a State or local government that is responsible for servicing a Federal credit instrument on behalf of the Secretary. (8) Obligor.--Tne term 'obligor' means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. ' (9) Project. --The term 'project' means -- (A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49; (B) a project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible. '(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and ([Fage 112 STAT. 24311 (D) a project for publicly owned intermodal surface freight transfer facilities, other than seaports and airports, if the facilities are located or, or adjacent to National Highway System routes or ' ccnnectio..s tc the National Highway System. iC) Frcject obligation.--Tne terr. a_, 'project obligation- a­'.. b=nd, debenture, or other debt obligation issued L, at. cciigrr in ec--nettien with the financing of a project, ctr.er tnar. a .=.._-a- credit instrume.^.t. ill) Pati---n,y,--The term 'rating agency' means a bond -r Egenz identified bV the Se_urities and Exchange C-ganizier. ns tfau cnally Recognized Statistical Rating C rganizaticn. (12) Secured Ican.--The term 'secured loan' means a direct Lan cr c_har ca'ct ccLigatior. issued by an obligor and funded by hrp.'.-fnca.dot s0c'Iea21i112400enr_htrn Page 137 of 415o the Secretary in connection with the financing under section 183. of a project (13) State. --The term 'State' has the meaning given the term in section 101. :r " (14) Subsidy amount. --The term 'subsidy amount' means the amount of budge[ authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the provisions of the Federal Credit Reform Ac[ of 1990 (2 U.S.C. 661 e: sea.), " (15) Substantial completion. --The term 'substantial completion' means the opening of a project [o vehicular or passenger traffic. 'Sec. 182. Determination of eligibility and project selection " under (a) Eligibility. --To be eligible to receive financial assistance this subchapter, a project shall meet the following criteria: " (1) Inclusion in WW transportation plans and Prograns.--The Project-- U " (A) shall be included in the State transportation required plan under section 135; and htime as nagreement available a Federal ' underthisle creditinstrumentisentered into under subchapter, shall be included in the approved State transportation improvement progran required under section 134. '(2) Application. --A State, a local servicer identified under section 185(a), or the entity undertaking the project shall submit a project application to the Secretary. (3) Eligible project costs. -- (A) In general. --Except as provided in subparagraph (B), to be eligible for assistance up -der this subchapter, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- " (i) $100,000,000; or " (ii) 50 percent of the amount of Feceral highway assistance funds accortionec for the most recently completed fiscal year to t:.=_ State which the project is located. i " (B) Intelligent transportation systs-. projects.-_ In the case of a project principally involving the installation - [[Page 112 STAT. 2441) of an intelligent transportation system, eligible project costs shall be reasonably anticipated to equal or exceed $30,000,000. (4) Dedicated revenue sources. --Project fic_ncicshall to repayable, in whole or in Fart, from, toils, user fees, 'or other dedicated revenue sources. '(5) Public sponsorship of private encicies. j a toe case of a project that is undertaken by - n er.0 t} tha= is -- a State Or local government or an agency orcins-rener, f - or local g - tali=; c- State gverr.ment, the project that tt._ entity a u--ert=ki r.g s%call be publicly sponsored as prO:ice_ u. paragr=lhs Ill a (2). .. .. (" Selection A^Dn: Eii-•cle Froje-ts.-- 'li) Es'arlisn:-e --T;ne Se..eta- .c. selecttag amrr; _..all er_;tlt.. criteria Fr"je_ �__ th=_= nee= tr.= e_igit"'_:C; 7/29.19S http:/iy�i���'"Flt 'a.dot.guc%tea_'I/h2400enr.htnt 1 ransportation Equity Act for the 21st Century Page 138 of 456 specified in subsection (a). (2) Selection criteria.-- " (A) In general. --The selection criteria shall include the following: (i) The extent to which the project is nationally or regionally significant, in terms of generating economic benefits, supporting international commerce, or otherwise enhancing the national transportation system. ' (ii) The creditworthiness of the project, including a determination by the Secretary that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. (iii) The extent to which assistance under this subchapter would foster innovative public - private partnerships and attract private debt or equity investment. • (iv) The likelihood that assistance under this subchapter would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (v) The extent to which the project uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project. '(vi) The amount of budget authority required to fund the Federal credit instrument made available under this subchapter. (vii) The extent to which the project helps maintain or protect the environment. (viii) The extent to which assistance under this chapter would reduce the contribution. of Feceral grant assistance to the project. '(B) Preliminary rating opinion letter. --For Purposes of subparagraph (A) (it), the Secretary shall reculre each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency ird'_cating that the project's senior obligations have the potential to achieve an investment -grade rating. (c) Federal Requirements. --In addition to the requirements of this .!tie fcr highway projects, chapter 53 of title 49 for transit crojects, and section 5333(a) of title 49 for rail projects, the followinc Provisions of la:, shall apply to funds made available under this subchapter and projects assisted with the funds: [(Page 112 STAT. 245)) ­(1) Title VI of the Civil Rights Act of 1964 (42 C.S.C. 2�•,;_,. et sec.). (2) Tne National Environmental Policy Act of 1969 (42 L'._.C. 4321 et sec.). (3) Tr.e Uni_forc. Rel,catiOn Assistance and Peal Prccerty Fc'_icies Act of 1970 (42 U.S.C. 4601 et sec.). ..li• reeve-t_.--5_pject to paragraphs (2) thro,igr. (4), S--re-ayy nay enter into agreeme.rts �:ith 1 or more cc ligors tc rake seccrec loans, the proceeds of which shall be used-- (A.) tc finance eligible project costs; or (5) to refinance interimconstruction financing of linpJrn �%-%i.fhica.dot.eoy,'tea2l/h2400enr.htm 7/29/9S Transportation Equity Act for the 21st Century Page 139 of 4i(, eligible project costs; of any project selected under section 182. '' (2) Limitation on refinancing of interim construction t financing. --A loan under paragraph (1) shall not refinancegym,, interim construction financing under paragraph (1)(e) later than M' 1 year after the date of substantial completion of the " project. (3) Risk assessment. --Before entering into an agreement under this subsection, the Secretary, in consultation :.;th the Director of the Office of Management and Budget and eatr. ratin3 agency providing a preliminary rating opinion letter L^der section 182(b)(2)(B), shall determine an appropriate capitaj reserve subsidy amount for each secured loan, taking into account such letter. " (4) Investment -grade rating requirement. --The funding of a secured loan under this section shall be contingent on the project's senior obligations receiving an investment -grade rating, except [hat -- '(A) the Secretary may fund an amount of the secured loan not to exceed the capital reserve subsidy V amount determined under paragraph (3) prior to the obligations receiving an investment -grade rating; and " (B) the Secretary may fund the remaining Fortion of the secured loan only after the obligations have p"r received an investment -grade rating by at least 1 rating 7 agency. '(b) 1 Terms and Limitations.-- " (1) In general. --A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. " (2) Maximum amount. --The amount of the secured loan shalt_ not exceed 33 percent of the reasonably anticipated eligible project costs. " (3) Payment. --The secured loan -- '(A) shall-- " (i) be payable, in %,hole or in part, from, tolls, user fees, or other dedicated revenue sources; and " (ii) include a rate covenant, cove:ac_e requirement, or similar security fea:ure supporting the project obligations; and [[Page 112 STAT. 246)) " (B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations. ' (4) Interest rate. --The interest rate on the sec•_red loan shall be not less than the yield on marketable Unitec States Treasury secur?ties of a simU ar maturity to the maturity of the secured loan on the date of execution of the loan agre-2m-nt. '(5) Maturity date. --The final maturity date of the secured loan shall be not later than 35 years after the date c_ substantial completion of the project. '(6) Norsubordinaticn.--Tr= s�cure� loa❑ s:-.a'_! r. r_ ce subordinated to the clairs of any holder of prolect cc_,__ tions in the event of tankruptcy, _:.�c1•:an- obligor y, cc aticr. th, ..(%! Fees -The Secretary may estac__sh fees at a !e-! sufficient tt cover all cr porno:, of toe costs to tn— Federal G)verr.r.ect of making a secure: lc�.. under this http:/. �c�cic.f}1i� a.dot.�o�:'t�a2l/11?-100enr.htm 7 ,•, . 'Iransportation Equity Act for the 21st Century Page 140 of 456 under this subchapter may be used for any non -Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non -Federal funds. " (c) Repayment.-- ' (1) Schedule. --The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from project revenues and other repayment sources. • (2) Commencement. --Scheduled loan repayments of principal or interest on a secured loan under- this section shall commence nct later than 5 years after the date of substantial completion of the project. (3) Sources of repayment funds. --The sources of funds for s_cal'.Ieq loan repayments under this section shall include tc"_s, user fees, or other dedicated revenue sources. (;) Deferred payments. -- (A) Authorization. --If, at any time during the 10 years after the date of substantial completion of the Project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. ' (B) Interest. --Any payment deferred under subparagraph (A) shall-- ' (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan beginning not later than 10 years after the date of substantial completion of the project in accordance with paragraph (1). (C) Criteria.-- " (i) In general. --Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. " (ii) Repayrent standards. --The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (3) Prepayment. -- [[gage 112 STAT. 24711 '.(A) Use of excess revenues. --Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement se_.ring project obligations may be applied anntally to Fie;=1n. n: w tsecured loan penalty. I(E) Use of proce=_cs of refinancing. --The secured - a r.ay to PrePaid at ar.y tlr•e without penalty from the c.eecs of refinancing from ncn-Fedaral funding sc =. general. --Subject to paragraph. (2), as soon as : _icatle after s•Utstantial cc-pietle:: of a project and after '•---_'y='•', ck= cb_i;or, th= Secretary mr; sell to another entity capital mars:_ts a secured loan for the Imp \\\ l .th«a.dot _o�'tca21 1124,00enditni 7/29.'9S Transportation Equity Act for the 21st Century Page 141 of4?u project if the Secretary determines that the sale or reoffering can be made on favorable terms. ''(2) Consent of obligor. --In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. 4 MM ' (e) Loan Guarantees.-- " (1) In general. --The Secretary may provide a loar, guarantee to a lender in lieu of making a secured loan if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as t:.at of a secured loan.. (2) Terms. --The terms of a guaranteed loan shall be consistent with the terms set forth in this section for a secured loan, except that the rate on the guaranteed loan and V �' any prepayment features shall be negotia_ed between the obligor and the lender, with the consent of the Secretary. 'Sec. 184. Lines of credit (a) In General.-- .. (1) Agreements. --Subject to paragraphs (2) through (4), the Secretary may enter into agreements to make available liras of credit to 1 or more obligors in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any project selected under section 182. '(21 1 Use of proceeds. --The proceeds of a line of credit made available under this section shall to available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance eroenses, and costs associated with unexpected Federal or State environmental restrictions. " (3) Risk assessment. --Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating ocanion letter under section 182(b)(2)(B), shall determine a'. appropriate capital reserve subsidy amount for each line of credit, taking into account such letter. ' (4) Investment -grade rating recuireaent --The finding of - line of credit under this section shall re contingent [[Page 112 STAT. 24811 on the project-s senior obligations receiving an investment - grade rating from at least 1 rating agency. (b) Terms and Limitations.-- " (1) In general. --A line of credit under this section with respect to a project shall to on sv^_t, terms and ctn_iu cr,s contain such covenants, representations, warranties, and and! requirements (including requirements for audits) as tc: Secretary determines appropriate. " (2) Maximum amounts.-- '.(A) Total amount. --The tc_a: ameun: of the line of credit shall not exceed 33 percent of tta reasonably anticipated eligible project ccs_s. ..(B) 1-year draws --The am_.nt dray,.-. in. any 1 year shall not ex_ead 2,' percent cf total ams_n' of the line cf credit. ..(3) Dcaws.--Any cra':r c-. t`. ,.a lime _ credi- s=_1 represent -re r_ loan and shall be r..ade only it -..at revenues from the -- -_: (rn_ludir.g capica_izad inreres" any det- service —coif_ fund, an-' a-, c_.._- a.-- r=z"rv>' are r- -'.-'-..dent http:!: �� �� �� flnca dot.gocltea2l 113•lOOenchun ; ,,, ,, . Transportation Equity Act for the 21st Century Page 142of456 I to pay the costs specified in subsection (a)(2). '.(4) Interest rate. --The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year marketable United States Treasury securities as of the date on which the line of credit is otligated. (5) Security. --The line of credit -- (A) shall-- ,(i) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources; and 1.(ii) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and " (B) may have a lien on revenues described in sett=ragraph (A) subject to any lien securing project cbligations. " (6) Feriod of availability. --The line of credit shall be available during the period beginning on the date of substantial completion of the pro3ecc and ending not later than 10 years after that date. " (7) Rights of third -party creditors.-- " (A) Against federal government. --A third -party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on the lire of credit. '.(8) Assignment. --An obligor may assign the line of credit to 1 or more lenders or to a trustee on the lenders' behalf. (8) No nsubordiration.--A direct loan under this section shall not to subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (9) Fees. --The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Governrenc of providing a line of credit under this section. .. (10) Relationship to other credit instruments. --A project that receives a lire of credit under this section also shall not receive a secured loan or loan guarantee under section 183 of an ar.ouac that, cc-bined with the amount of the line of credit, eiceeds 33 percent of eligible project costs. ([Page 112 STA7. 24911 (c) Repay7nent.-- (1) Terms and conditions. --The Secretary shall establish repayment terms and conditions for each direct loan under this section based on the projected cash flow from project revenues and other repayment sources. (2) Timing. --All scheduled repayments of principal or interest on, a direct loan under this section shall commence not later than 5 years after the end of the period of availability ec_rie_ in subsection (b)(6) and be fully repaid, with _.__rest, r: the c=-_e that is 25 years after the end of the L•cy scecified in subsection (b)(6). :. S�_r_es cf raga yment funds. --The sources of funds for re;ay-erts under this se=tion shall include user _=e-, cr Other dedicated revenue sources. (a) Cate in which a project that receives iiaaacial assi r_a-.=e ur:der tr.is subchapter is located may identify a icca' =_s= the Secretary in ---� -�- Y ing the Federal credit Transportation Equity Act for the 21 st Century Page 143 of 45(, instrument made available under this subchacter. '(b) Agency; Fees. --If a State identifies a local servicer under subsection (a), the local servicer-- " (1) shall act as the agent for the Secretary; and (2) may receive a servicing fee, subject to approval by the Secretary. (c) Liability. --A local servicer identified under subse••t_cn (a) shall not be liable for the obligations of the obligor to the S_reta -- or any lender. 'Y' 11 (d) Assistance From Expert Firms. --The Secretary may reta_% the services of expert firms in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. Sec. 186. State and local permits The provision of financial assistance under this subchapter with respect to a project shall not-- ' (1) relieve any recipient of the assistance of a -,- obligation to obtain any required State or local petcit cr approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (_,:.eluding any regulation) applicable to the construction or opera ion of the project. Sec. 187. Regulations The Secretary may issue such regulations as the Secretary determines appropriate to carry out this subchacter. Sec. 183. Funding (a) Funding.-- " (1) In general. --There are authorized to be apprcoriated from the Highway Trust Fund (other than, the Mass Trarsi_ Account) to carry out this subchapter -- (A) $80,000,000 for fiscal year 1999; (B) $90,000,000 for fiscal year 2000; ([Page 112 STAT. 25011 (C) $110,000,000 for fiscal year 2001; (D) $120,000,000 for fiscal year 2002; a.-.: (E) $130,000,000 for fiscal year 2003. (2) Administrative costs. --From funds made avar'--le under paragraph (1), the Secretary may use, for the adm.ir.is_r--aticr, of this subchapter, not more than $2,000,000 for ea_h of f -ia1 years 1993 through 2003. " " (3) Availability.--pS,Ounts made available under _ra ga-�, (1) shall remain available until erpera'ez. - ', (b) Contract Authority.-- " (1) In general .--Clotwithstar,any ether prcvcs_:n c` law, approval by the Secretary of a Federa'_ credit ins rum.en- tha^_ uses funds made available under this subchapter --:1 to daeme : tc to acceptance by the C'ni-e States of a conga=t.:a_ obligation. to fund t=_ Federal tread instrument. " (2) Availability. --Ara ants _zed under this - for a fis=al year _..__1 na a:aila„_: teal, -' - -.. tF:e fi__al ,ear. -- cr- _ hup / ���t��.(h�ca.dot._go�.'1ca31/1i_400enr.htm 7/29'98 httpciol.goc/tea21/Iv400enr.htm F1, • T a Transportation Equity Act for the 21 st Century Page 144 of 456 " (c) Limitations on Credit Amounts. --For each of fiscal years 1998 through 2003, principal amounts of Federal credit instruments made available under this subchapter shall be limited to the amounts specified in the following table: Maximum amount " Fiscal year: of credit: 1999...................................................S1,200,000,000 1999...................................................$1,200,000,000 2000...................................................$1,800,000,000 2001...................................................$1,800,000,000 2,332 ...................................................$2,300,000,000 2�J3...................................................$2,300,000,o00. _E-. 1�9. Report to Congress ..Not later than 4 years after the date of enactment of this s-c:napter, the Secretary shall submit to Congress a report summarizing tr.-- financial performance of the projects that are receiving, or have _e:eived, assistance under this subchapter, including a recommendation as to whether the objectives of this subchapter are best served-- " (1) by continuing the program under the authority of the Secretary; .' (2) by establishing a Government corporation or Government -sponsored enterprise to administer the program; or ..(3) by phasing out the program and relying on the capital markets to fund the types of infrastructure investments assisted by this subchapter without Federal participation.''. (b) Conforming Amendments. --Chapter 1 of title 23, United States Cc!e, is amended-- (1) in the analysis -- (A) by inserting before 'Sec. " the following: " SUBCHAPTER I--GENEPAL PROVISIONS "; a r.d (5) by adding at the end the following: SUBCHAPTER II --INFRASTRUCTURE FINANCE DetiniLiOns. Determination of eligibility and project selection. 153, Secured loans. 184. Lines of credit. " 1E5. Project servicing. I(Fage 112 STAT. 251)) '!EE. State and local permits. Regulations. Funding. -_n_ccrt to Congress.—; before se_rior. 101 t;.e following: -__tic:; 301 of title 49, United States Ccde, is (1 _r amended- pa�'-r_p'' (7)bystri{in? at the enc; 12` _. Fara?-azh (d) by striking the period at the end and Transportation Equity Act for the 21st Century Page 14i ol'4�(- inserting ' ; and''; and (3) by adding at the end the following: .. (9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. ''. CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGPAm t� SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRP14. «NOTE: 23 USC 181 note.>> (a) Definitions. --In this section (1) Other assistance. --The term '' other assistance" includes any use of funds in an infrastructure bank -- ' (A) to provide credit enhancements; (8) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest rates; (D) to ensure the issuance of letters of credit and credit instruments; - (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing instrument security; and (G) to provide other forms of debt financing and - tlethods of leveraging fu-.ds that are approved by the ►a Secretary and that relate to the project with respect to which the assistance is ceing provided. (2) State. --The term ''State'' has the meaning given the term under section 401 of title 23, United States Code. (b) Cooperative Agreements.-- (1) In general. -- (A) Purpose of agreements .--Subject to this section, the Secretary may enter into cooperative agreements with the States of California, Florida, Missouri, and Rhode Island for the establish-ent of State infrastructure banks and multi=state infrastructure banks for raking loans and providing ether assistance to public and private entities carryin: out or proposing to carry out projects eligible for assistance under this section. (B) Contents of agreements. --Each cooperative agreement shall specify procedures and guidelines for establishing, operating, and providing assistance from the infrastructure bank. [(Page 112 STAT. 25211 (2) Interstate coaoacts.--If 2 or more States enter into a cooperative agreement under para:raph (1) with the Secretary for the establishment of a multistate infrastructure bank, Congress grants consent to those States t: enter into an interstate compact establishing the ban, ir. a.._ _-rdance with this section. (C) Funding.-- (1) Coatributica.--;;ct•...ths'arii-.? any other p-ov:sior. of law, the S_cretar. may al!D4, sctjec: to subsection (n)(1), State that enters into _ cccc=-ra-. aureeme nt under tF.•� a sectrc-r: to conrritute t^ ln_'raStr-CtLre bank the esta'�_is':ed by S _ate not to ece_u-- Ir.) li) tt.e total ar cf funds apccrticn.e+ to the State under ea Of -_ --acts (1), (3), -ad (,) of o.n. 1C4(c) 14, of title 23, Unite' htt, ,,,,�.11t,i (dot.;,o\.'(ca'-I'h2400eilr.hun 7129,19S IIIWa.doLLov/tea2I/112400enr.htm _ TEA-21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century TRANSFERABILITY OF HIGHWAY PROGRAM FUNDS UP to 50 percent of NHS apportionments may be transferred to Interstate Maintenance (IM), Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ) and/or the Bridge Replacement and Rehabilitation Program. [1310] Up to 100 percent of NHS apportionments may be transferred to STP, if approved by the Secretary and if sufficient notice and opportunity for public comment is given. [23 USC 104(c)] Interstate Maintenance Up to 50 percent of Interstate Maintenance apportionments may be transferred to NHS, STP, CMAQ and/or the Bridge Replacement and Rehabilitation Program. [1310]. Bridge Replacement and Rehabilitation Program Up to 50 percent of Bridge Program apportionments may be transferred to IM, NHS, STP, and/or CMAQ [1310] - For purposes of apportioning Bridge Program funds, the transferred amount will be deducted from the total cost ofdeficieni bridges in the State and in all States. [1109] Funds set aside for bridges not on Federal -aid highways (off -system bridges) may not be transferred unless a determination is made that the State has inadequate needs tojustify expenditure of the full amount of the setaside funds [23 USC 143(g)(3)] Congestion Nitigation and Air 01131itv Improvement Program Up TO 50 percent of the amount by which the CMAQ apportionment for the fiscal year exceeds the amount that vv ould have been apportioned for that fiscal year if the CNIAQ program had been funded at $1.35 billion annually may be transferred to STP, NHS, IM, and/or the Bridge Program. Transferred funds may only be used in nonattainment and maintenance areas. [1310] Surface Transportation Program Transportation Enhancement (TE) setaside - Up to 25 percent of the difference between the amount set aside for TE for the fiscal year and the amount set aside for TE for FY 1997 may be transferred to IN1, CMAQ, HS and/or the Bridle Program. [1310] Safer seaside - Safety setaside funds equivalent to the funds made available for F1' 1991 for the Hazard E!iminatior. and Rail%%a�-Highway Crossing Programs (23 USC 130 and 152) may not be transferred. Up to percent of the ditlzrence be%keen the remainder ofthe safety setaside for the fiscal year —the "optional safe%" funds —and the comparable amount for FY 1997 may be transferred to VA. CMAQ, NHS and/or the Bridge Program. [131o] TEA-21 -Transportation Equity Act for the 21st Century Moving Americans into the 21st Century Program Purpose The primary purpose of the Congestion Mitigation and Air Qualnv Improvement Program (CMAQ) is to fur.; Projects and programs in air quality nonattainment and maintenance areas for ozone. carbon monoxide (Col and Q! small particulate matter (PM-10) which reduce transportation related emissions. Distribution of Funds Prior to apportionment, the following funds are to be set aside. a CMAQ Effectiveness Stud - b500,000 to be set aside in each of fiscal year 1999 and 2000 for a study on the effectiveness of the CMAQ program (air quality, congestion relief, economic potential) [I 110(e)] Remaining funds are to be distributed according to a formula based on population and severity of pollutiin. a, under existing law, with the following changes 11103]: • Includes new weighting factors for ozone and CO maintenance areas. CO nonattainment areas, ar.J osne submarginal areas. Eliminates special treatment for Califomia, New York, and Texas Eliminates the freeze on the apportionment factor imposed under the \HS Desi__nation Act Transfer of Funds[1310(c)] Up to 50°ro of the amount by which the apportionment for the fiscal year exceeds the amount that would hay e been apportioned for that fiscal year if the program had been funded at S1.35 billion annually may be Iransfe:r.J to STP. NHS, IM, and/or Bridge. Transferred funds may only be used in nonattainment and maintenance areas. Areas Eligihle for Funding [1110(b)] Expands the areas that are eligible to recek e CMAQ funding to include: • PNI-10 nonattainment and maintenance areas • areas designated as nonattainment under the 1997 revised air quality standards. Limits eligibilit\ of nonarainment and maintenance areas designated prier t? December 31, 1997 to area, classified submarginal through extreme for ozone. and moderate or serious for CO and PSI-10. Eligible Activities Expands eligibility to include : a Chapter I %-� x rL11,J0 J Page 1 of 7 J•: i3;INDEX" �a���cc� •'FTA r +�.yl•:. iSEAFtCH I��EDBACTl�'. '►' Iti'�,t�ABOITT�• I (.� U 5. t)epartment oI Transporlatlon CHAPTER I GENERAL OVERVIEW I. CODIFICATION OF FEDERAL TRANSIT LAWS. The Urbanized Area Formula Program (formerly the Section 9 program) was established by the Surface Transportation Assistance Act of 19S2 That statute and related transit laws are now codified at 49 U.S.C. Chapter 53. Substantially all of the previous legislation, including Section 9, was repealed. The new statutory citation for the Urbanized Area Formula Program is 49 U.S.C. Section 5307. Although the language of Section 5307 differs in some respects from the language of the fornmer Section 9-these differences effect no substantive changes to the Urbanized Area Formula Program This circular uses the new form of citation. Listed below are the most commonly used citations Former Subiect 49 U.S.C. section Federal Transit Act Metropolitan Planning Program p g Section 5303 citation Section 8 Urbanized Area Formula Program Capital Program Section 5307 Section 9 Elderly and Persons with Disabilities Program Section 5309 Section 5310 Section 3 Section 16 Nonurbanized Area Formula Program Section 5311 Section 18 State Planning and Research Program Transit Employee Protective Certification Section 5313(b) Section 26(a)(2) National Transit Database Section 5333(b) Section Section 13(c) 5335 Section 15 2. THE URBANIZED AREA FORMULA PROGRAM, The Urbanized Area Formula Program makes Federal resources available to urbanized areas and to the Governors for transit capital and operating assistance in urbanized areas and transportation -related planning. An urbanized area is an incorporated area with a population of 50,000 or more that is designated as such by the Bureau of the Census. For urbanized areas with at least 200,000 in population, Urbanized Area Formula Program funds are apponioned and flow directly to a designated recipient(s) selected locally to apply for and receive Federal funds. For areas with less than 200,000 in population, the fluids are apportioned to the Governor of each state for distribution. A few areas with less than 200,000 in population have been designated as transportation management areas and receive apportionments directly. See Chapter 11, paragraph 2, "Transportation Management Areas." Chapter IV describes the apportionment process. Under this formula program, state and local agencies are permitted to: a. allocate program resources among recipients in an urbanized area without Federal hltp /,'%vxvw.fta.dot.gom librar}:'policy/9030_IB/9030CHLhtm 7/14/98 Chapter 1 Pa^_e 2 of involvement; b. identify and select the projects (capital, operating, or planning) to be included in a metropolitan and a statewide transportation improvement program, c. self -certify that various statutory- requirements have been or a ill be met; and d. submit a single grant application and one budget for a program it, lieu of manv indim idual project applications and budgets. The Federal role in program management activities is, to the maximum extent feasible, h mncd and non -intrusive. At the grant application stage, the application rep iew focuses on tw o aspects: has the grant applicant provided the information qualify ing rt as eligible to recek e and administer funds from the FTA, and are the proposed project elements eligible under -i') U.S.C. Chapter 53. Many of the eligibility issues are met by the grant applicant's certification that it does qualify or that it will comply with requirements. FTA follows up with checks of the self -certifications after the grant has been awarded. FTA legslatton requires the FTA to conduct audits or have recipients of FTA grants to have independently conducted audits on an annual basis. Legislation also requires the Secretary of Transportation to conduct post -grant reviews and evaluations of the grantee's compliance with certifications and other rcquirenments at least once every three years. In recent years,there has been a renewed and increased emphasis on metropolitan and statewide planning as the basis for project selection. Projects to be funded by FTA must ham e been part of a local planning process that included clear identification of needs and the sources of funds supporting a project and a w ell -publicized opportunity for the public to comment on the plans. FTA provides technical assistance through the presence of 10 Regional Offices, training courses, and regional meetings to assist the grantee in complying with administram e and legislative requirements. The Regional Offices' addresses and telephone numbers and the states they serve are listed in Chapter Vlll of the circular. 3. AUTHORIZING LEGISLATION. Authorizing legislation is substantive legislation enacted by Congress that sets up or continues the legal operation of a Federal program or agency. Congress amends FTA's authorizing legislation every four to six years. FTA's most recent authorizing legislation is the Intermodal Surface Transportation Efficiency Act of 1991, as amended(l) (ISTEA). The ISTEA authorizes FTA programs from Federal Fiscal Year 1992 through Fiscal Year 1997. The ISTEA changed the name of the Urban Mass Transportation Administration to the Federal Transit Administration (FTA). Changes have been added to this circular to reflect changes in Federal transit laws and other lama that have come into effect since the circular was last published in 1987. 4. LENGTH OF TIME FUNDS ARE AVAILABLE. Congress appropriates funds for FTA programs annually, and Urbanized Area Formula Program funds are apportioned annually by FTA. Funds apportioned by FTA under the Urbanized Area Formula Program remain available to the recipient for four fiscal years --the year of the apportionment plus three " additional years. Recipients of apportionments submit grant applications to FTA for grants to use the apportioned funds. Upon approval by FTA of the grant application and execution of the grant agreement, FTA obligates the funds to the grant applicant. After four years, funds apportioned but not obligated in grants by FTA will no longer be am allable for obligation to the area to which they were originally apportioned. These funds w ill be added to the amount available to FTA for re -apportionment nationally in the next fiscal near 5. AVAILABILITY OF "FLEXIBLE" FUNDS. Flexible funding careeories are those programs authorized under Title 23 U.S.C. (the Federal -Aid Highway program) whose funds maybe used for either transit or highway projects. http:/Aw cvw.fta.dol gov/library/policy/9030_1 13/903001 i .hlm 7, 14')S Chapter I Page 3 of 7 Appendix E Flexible fund pro -arms include the Surface Transportation Program (STP) (23 U.S.C. Section 1 33); the STP Apportionment Adjustments (also Section 133); Minimumm Allocation (Section 157); Donor State Bonus (Section 157), Interstate Maintenance (Section 119); Bridge Replacement and Rehabilitation (Section 144); National Highway System (Section 104(c)); Substitute Hiehtt ay (Section 103(e)(4)(B)); and the Congestion %litigation and Air Quality Iniprotement tC\IAQ) program (Section 149). Although these Federal Highway Administration (FHWA) programs have interrodal flexibility, it is important to note that there are linmafions oil the use of at least some portions of some programs. (As an example, there are funds ur some programs available only to rural, and only to urbanized areas.) The flexible finds may be used for any non -operating purpose eligible under thUrbanized Area Fomrula Program, the Elderly and Persons we ith Disabilities Program (49 U.S.C. Section 531U), and the No Area Fomrula Program (49 U.S.C. Section 5311). However, the CINIAQ funds may also be used for start-up implementation of new transit services. Flexible funds transferred to FTA require the same non -Federal matching share that such funds Mould require if they %%ere used for highway purposes and administered by the FHWA. wlmen the flexible funds transferred are to be used for transit projects in urbanized areas under the Urbanized Area Formula Program, the funds are administered under the requirements guiding the Urbanized Area Fomrula Program. More information about these flexible funds and procedures for transferring and administering file'' appears ur Appendix E, "Procedures Related to Flexible Funding." 6. FEDERAL SHARE OF PROJECT COSTS. a. PlanninL and Capital Proiects. The Federal share for planning and capital assistance projects under the Urbanized Area Fomrula Program is 80 percent of the net project cost, but a grant applicant is permitted to provide additional local funds at the applicant's option. Net project cost is that portion of the cost of a project that cannot be reasonably financed from revenues. After the Federal share is established, the remainder of the net project cost must be provided from sources other than Federal funds, unless another Federal statute permits the use of specific Federal funds for local share. ( See paragraph 7 below concerning local share.) b. Operating Assisiance. The Federal share for operating assistance will not exceed 50 percent of tile 'let project cost. A %%orkshcet in Appendix D provides assistance in arriving at the net Project cost of a request for operating assistance. c. Exceptions. There are exceptions 10 the SO percent Federal share for capital projects when FTA funds are providing assistance, as described below. There are also exceptions to the 80 percent Federal share when flexible funds front certain of the Federal Highway Administration programs are being used. (See Appendix E, "Procedures Related to Flexible Funding.") The exceptions in the FTA share ratio are as follows: (1) Americans n nh Disabilities Act (ADAI The Federal share is 90 percent for the cost of ell icle-related equipment attributable to compliance with the Americans with Disabilities Act !b of 1990 (49 U S.C. Section 5323(i)); also, see paragraph (2) below). (2) Clean Air Act (CA A1 The Federal share is 90 percent for the cost of vehicle -related equipment attributable to compliance with the Clean Air Act Amendments of 1990 (49 U.S.C. Section 5323(i)). Grantees may choose from Mo options in calculating the Federal and local shares for ehicle related equipment purchased to be in compliance with the ADA and CAA. In one option --applicable to the purchase of buses, vans, and rail vehicles and the purchase of blip ',t�ww.tta.dot.gov library,'policy 9030_IBi9030CHl.hu' "iFIA�' ABOt1TI © U.S. Department of Transportation APPENDIX E PROCEDURES RELATED TO FLEXIBLE FUNDING Page I of 3 1. FLEXIBLE FUNDS. Flexible funding categories are those programs authorized under the Federal -aid highway program that are permitted to be used for either transit or highway projects. The funds may be used for any non -operating purpose eligible under the FTA Urbanized Area Forinula Program (49 U.S.C. Section 5307), the Elderly and Persons tt ith Disabilities Program (49 U.S.C. Section 5310) and the Nonurbanized Area Formula Program (49 U.S.C. Section 5311). Flexible fund programs include the Surface Transportation Program (STP), the STP Apportionment Adjustments, Minimum Allocation, Donor State Bonus, Interstate Maintenance, Bridge Replacement and Rehabilitation, National Highway System, Substitute Highway, and the Congestion Mitigation and Air Quality Improvement (CMAQ) programs. Although these FHWA programs have intermodal flexibiht}', it is important to notk that there are both programmatic and distributive limitations on the use of at least some portions of some programs. (As examples, 10 percent of Surface Transportation Program (STP) funds are set aside for safety projects, and there are funds in some programs available only to ntral, and only to urbanized areas.) 2. PROCEDURES. The FTA and FHWA have jointly developed procedures to allow the use of flexible funds provided for under ISTEA. The following guidance refer only to the funds transferred to the Urbanized Area Formula Program. a. General. For those flexible funds transferred from FHWA to FTA for use in an urbanized area, the funds are placed in an urbanized area account or state account tinder the Urbanized Area Formula Program. Thereafter, the funding will be treated as Urbanized Area Formula Program funds although they retain a special identifying code. Flexibly funds should be combined with regular FTA for'rttla funds in a single matching grant application, but identified as such. b. Funds Transferred to FTA. Funds available under the Surface Transportation Program (STP) may be transferred to FTA and used for any capital purpose eligible under the FTA Urbanized Area Formula Program. In addition, National Highway System (NHS) funds and portions of FHWA's Interstate Maintenance and Bridge programs may be transferred to the STP and then made available to FTA for transit capital projects consistent with FTA requirements of the Urbanized Area Forutla Program. Finally, funds ar ailable under the Congestion Mitigation and Air Quality Improvement (CMAQ) program may be used in ozon.,�' and carbon -monoxide "nonattainment" areas for any transportation project or program (including several transit activities eligible under the Urbanized Area Formula Program) Which helps lead to the attainment of national ambient air quality standards Transit projects in urbanized areas over 50,000 that are to be funded under any of these flexible programs must be identified through a regional transportation planning process and programmed in an approved metropolitan Transportation Inmprot enrent Program (TIP) and Statewide Transportation Improvement Program (STIP). Appror al of the I IP by the Governur for inclusion into the STIP document constitutes a state's comnnnueni to funding programmed projects wuh the identified F1l%VA source. 7/ 14/93 hit[):,mvmttt.lta.dot.gotlibran'pohcyi9U30 lB 9030.y1'PE.111ni 7 14 ), Page 2 of 3 Once a project is ready to be implemented, the FTA grantee submits a complete application to the appropriate FTA Regional Office according to the application instructions of Chapter VI. At the same time, the grantee notifies the designated state highway/transportation agency that it has submitted an application to FTA that will require a transfer of FHWA funds to FTA. In some states, in practice, it may be the MPO or the FTA that notifies the state highw ay/transportation agency. Once the state highway/transportation agency detennines that the state has sufficient obligation authority, the state agency notifies FHWA that the funds are to be used for transit purposes and requests that the funds be obligated by FHWA as a transfer project to FTA. Once the project is approved and obligated, the grantee carries out the project following the guidance of FTA Circular 5010.1 B, "Grant Management Guidelines." The FTA Regional Office w ill administer the project as an Urbanized Area Formula Program project. c Matching Share for Flexible Funds The provisions of Title 23, U.S.Code, regarding the non -Federal share apply to Title 23 funds used for transit projects. Thus, flexible funds transferred to FTA require the same non -Federal matching share that such funds would have had if used for highway purposes and administered by the FHWA. There are hru instances in which a higher than 80 percent Federal share would be maintained. First, in states rr ith large areas of Indian and certain public domain lands, and National Forests, parks and monuments, the local share for highway projects is determined by a sliding scale rate, calculated on the basis of the percentage of public lands within that state. This slid-2 scale, which permits a greater Federal share, but not to exceed 95 percent, is applicable to transit projects funded with flexible funds in these public land states. FHWA develops annually the sliding scale matching ratios for the increased Federal share. Secondly, commuter ridesharing projects (carpooling and varpooling) and transit safety projects using flexible funds administered by FTA may retain the same 100 percent Federal share that w cold be allowed for ride -sharing or safety projects administered by the FHWA. CNIAQ funds are available for operating assistance at the 80 percent Federal share, but such availability is limited to the introduction of new transit services and for up to a three-year period only. d Use of FHWA Funding for Transit without a Transfer. It shouI4 be noted that funding under se%eral .BI A programs may be used for some transit and transit -related projects without actually being transferred and administered by FTA. Local and state officials may choose, for example, to administer certain flexibly funded projects, such as high -occupancy -vehicle lanes and park -and -ride lots, through FHWA rather than FTA if this would facilitate the delivery of the project. The decision to administer FHWA flexible funds through FTA or FHWA when the project is eligible for funding under both programs should be based on the nature of the project, the agencies involved in its implementation, and the preference of the fund recipient to follow either FTA or FH%VA administrative procedures and requirements. There is no need to transfer STP, CMAQ, and NHS funds, for example, from FHWA to FTA hen the grant applicant is undertaking transit -related planning activities: the eligibility criteria for planning acts ities under these FHWA programs and under the Urbanized Area [Q7 Fomtula Program are identical. e Transfer of FTA Funds to FHWA. As noted in Chapter IV, paragraph 7, under certain conditions Urbanized Area Formula Program funds may be transferred to FHWA and used for highway projects. To be eligible for this purpose, Urbanized Area Formula Program capital funds must be. ( I I Attributable to Transportation Management Areas; httP fta dot gor libran policy 9030_IB 9030APPE.htm 7/1419S Go C 4D Appendix E: Page 3 of (2) Approved for highway purposes by the cognizant MPO; (3) Certified by the MPO as not being needed for investments required by the Americans with Disabilities Act of 1990 (ADA). (FTA must then make a determination that ADA needs have been met.); and (4) Local funds used for the nun -Federal matching share must be usable for either hiehu ar or transit projects. A highway project funded under the FTA Urbanized Area Fomtula Program must follow the same planning, programming, anti project selection processes described earlier in paragraph 2b. Once these steps are completed, the designated state highway/transportation agency notifies the Urbanized Area Formula Program designated recipient that the project is ready (o proceed. The designated recipient then sends a transfer request, including the ADA certification mentioned above, to the appropriate FTA Regional Office, Upon FTA's detemtination that ADA needs have been met, the transfer of Urbanized Area Formula Program funds to the cognizant FIMA Division Office will be processed. f. Additional Information. More information about these programs can be found in the pamphlet, "Flexible Funding Opportunities for Transportation Investments [m the] IS EA," the most recently updated of which can be obtained from FTA Regional Offices. Addition, guidance concerning transit projects eligible for CNIAQ funding also may be obtained from the Regional Offices. -- - ---- -- Return to the Table oCContents litIp:/,www.fta.dot.gov/library/policy/9030_1B'9030APPF. hum 7 11 v U n T j J 3 a o m N O J 0 0 0 O N d C n d N d. - j N 0)J y Gf J i j O 0 3� —t m � v >> o D v d 3 N 3 0 d — w n p J --Ini2c� T21 2 nm -n @ r 2D� �R D> ocl (n j w t0 p D i _ N C % J N ry U p Q0 Q -1 'U _n n n _X Cr 7 O. J N t° -i D �, (n O -n J D c � i'v o J fp -n J _, f C C IT J n p n 5 3 °' C H ° � n N 3 0 � 5 0 � H A ti TJ N 0 N 7 C C :3N 0 Im N I� =� a a o ° 'D° o , n 0 w A ,� w :) p -t n) Cl .,, CD ] O O m _Q -0 0 -U -0fn(An 3: D0��x `� n nQ d d Q D� D 0 O 0 o.00 r 0 a Oy m ()Omit c o 3 (D p s 17rD ij m �D N m my fJ1 N' T c m m ET m W N _ N to N C� O 0 ID tp fD t0 to N A < b � d x O SD Cif N N N ry y \ ` rn o 3 IO C. O u N o N to N o .0.. SUPPLEMENT TO AGENDA ITEM 411 Program Purnosc The Trans— portation Infrastructure Finance and Innovation Act of 1998 (TIFIA) [title I, subtitle E, chapter 1 of TEA-21 ] will provide Federal assistance in the form Of credit to major transportation investments of critical national importance, such as intemtodal facilities, border crossing infrastructure, expansion of Multi -State highway trade corridors, and other investments with regional and national benefits. The TIFIA credit program is designed to fill market gaps and leverage substantial privme supplemental and subordinate capital. [ 1503) cO•imestment by providing Pro -ran ducts The TIFIA credit program consists of three distinct types of financial assistance (product lines), designed to address projects' varying requirements throughout their life cycles: • Securedloans are direct Federal loans to project sponsors offering flexible repayment terms and Providing combined construction and permanent financing of capital costs. • Loanguaranrees provide full -faith -and -credit guarantees by the Federal gOsemment to institutional investors such as pension funds which make loans for projects. • Srandbj Ines ofcredu represent secondary sources of funding in the form of contingent Federal loans that may be drawn upon to supplement project revenues, if needed, during the first 10 y ears of Project operations. The amount of Federal credit assistance may not exceed 33 percent of total project costs. [ 1503] Funding A total OFS530 million ofcontract authority is provided to pay the "subsidv cost" of supporting Federal credit under TIFIA, that is, to cover projected losses. Annual caps totaling S 10.6 billion limit the nominal amount of credit instruments issued. (1503, TRA 9007) Ergiblrties Any hpe of project that is eligible for Federal assistance through surface transportation programs under title 23 Or chapter 53 of title 49 U.S.C. (highway projects and transit capital projects) is eligible for the TIFIA credit program. In addition, the following types of projects are eligible: international bridges and tunnels: inter -city passenger bus and rail facilities and vehicles (including Amtrak and magnetic levieatien syto the stems). and publicly owned intermodal freight transfer facilities (i National lli%ghy%av System. [1503] except seapons or airports) on or adjacent Each project must meet certain objectively measurable threshold criteria to qualify; it must cos at least SIG[, million or 50 pc2ent of the State's annual apportionment of Federal -aid funds. tshichever is less (For intelligent transportation system projects• the minimum cost is S30 million.) The project also must be supported in whole or in part from user charges or other non -Federal dedicated funding sources and be 21 included in the State's transportation plan. [1503) T ansportation Equity Act for the 21st Century Page 13� of a5:, Qualified projects meeting the initial threshold eligibility criteria will be evaluated by the Secretary and selected based on the extent to which they generate economic benefits, leverage private capital, promote innovative technologies, and meet other program objectives. Each project must receive an investment grade rating on its senior debt obligations before its Federal credit assistance may be fully funded. [ 15031 July 10, 1998 Finance and Innovation Act of 1998''. SEC. 1502. FINDINGS. <<NOTE: 23 USC 181 note.>> Congress finds that-- (1) a well -developed system of transportation infrastructure is critical to the economic well-being, health, and welfare of the people of the United States; (2) traditional public funding techniques such as grant programs are unable to keep pace with the infrastructure investment needs of the United States because of budgetary constraints at the Federal, State, and local levels of government; (3) major transportation infrastructure facilities that address critical national needs, such as intermodal facilities, border crossings, and multistate trade corridors, are of a scale that exceeds the capacity of Federal and State assistance programs in effect on the date of enactment of this Act; (4) new investment capital can be attracted to infrastructure projects that are capable of generating their own revenue streams through user charges or other dedicated funding sources; and (5) a Federal credit program for projects of national significance can complement existing funding resources by filling market gaps, thereby leveraging substantial private co - investment. SEC. 1503. ESTABLISHMENT OF PROGRAM. (a) In General. --Chapter 1 of title 23, United States Code, is amended by adding at the end the following: -SUBCHAPTER II --INFRASTRUCTURE FINA!:CE 'Sec. 181. Definitions In this subchapter, the following definitions azzly: (1) Eligible project costs. --The term 'elig'tle project costs' means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost cf-- ••(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other pretonstructio❑ activities; (B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land related to the project and improvements to land), [(Fage 112 STAT. 242)) environmental mitigation, construction ccnt ngencies, and acquisition of eq•_,icment; and (C) capitalized interest necessary tc meet rar',_. requirements, reasonably require.i reset:- funds, car,ta' issuance expenses, and other carrying costs dcri-,g construction. (2) Federal credit instrument --Tne ter-. 'F-perm'_ credr: instrument' r.eans a secured loan., loa-. c.arar,te-, cr li.ne of credit autnorized to to mad-2 a:a_L=t1 under t..rs s_bc`.a_pter with respect to a p:cjecc. ..(3) Investment -grad- ra-tin.--Tne term _ncesta.ent-grad- rati:r;' r:eans a ra__ng category cf EEE ninus, E3331 or higne: '2 http:/,h\ \cw .111\ca.dot.eov/tea31/13400enr hun tp6'L�J V "°"'1„ "luII tquuy na fur the 2Is I Cen(ury Page 13601`456 assigned by a rating agency to project obligations offered into t lie capital markets. (4) Lender. --The term 'lender' means qualified institutional any non -Federal buyer (as defined in section 230.144A(a) re title 17, Code of Federal Regulations (or any successor E regulation), known as Rule 144A(a) of the Securities and ,change Coanission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including -- '(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue code of 1986) that is a qualified institutional buyer; and ( 414(d)of the oInternal aR,evenuel plan (Codeeofn1986) thatas dfied in is a qualified institutional buyer. '(5) Line of credit. --The term 'line of credit' means an agreement entered into by the Secretary with an obligor under section 184 to provide a direct loan at a future date upon the Occurrence of certain events. (6) Loan guarantee. --The term 'loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. ..(7) Local servicer.--The term 'local servicer' means -- ( A) a State infrastructure bank established under this title; or (B) a State or local government or any agency of a State or local government that is responsible for servicing a Federal credit instrument on behalf of the Secretary. (8) Obligor.--Tne term 'obligor' means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, Partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (9) Project. --The term 'project' means-- any surface t for Federal assistanceunder othis ltitle oorcchapterble 53 of title 49; (E) a project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible. facilities aandehicles including ov,ject for lntercity pfacilities assenger -andr rail vehicles Owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and I[Fage 112 STAT. 24311 (D) a project for publicly owned intermodal surface freight transfer facilities, other than seaports and a:roorts, if the facilities are located on or ad)ace-- to tational Highway System routes or ' ccnnectior.s to the National Highway System. Prr)-c- cn'-igation.--The - term 'project obligation.' --.' .'y c--e, L-nd, d bentur or other debt obligation in c.r.ne:tion with the issued cthe: tr.a:. a F _ financing of a pro)ect, e eer__ credit instrument. (1!1 •- a:e -The ra--� _ -j_ ified•- term 'rating agency' means a bond _. age.._. idea-L`ied by the Securities and Exchange Co-r:ssier, as Gaczc r.a lly Recognized Stati stical i5tical Rating (12) Secured loan. --The term 'secured loan' '-=�' Crmeans a direct c;her tact eciigacicn issued by ti as obligor and funded by fl)Wa dot. gov,'tea-' Ii113.100enr.htm Transportation Equity Act for the 21st Century Page 137 of Sid the Secretary in connection with the financing of a pro)ect under section 183. (13) State. --The term 'State' has the meaning given the term in section 101. (14) Subsidy amount. --The term 'subsidy amount' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, calculated on a net present administrative costs value basis, excluding and any incidental effects cn governmental receipts or outlays in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S,C. 661 e; seq.). (15) Substantial completion. --The term completion' means the opening'substantial of a project to vehicular or Passenger traffic. 'Sec. 182. Determination of eligibility and project selection (a) Eligibility. --To be eligible to receive financial assistance under this subchapter, a project shall meet the following criteria: project--- '( Inclusion in transportation plans and Frograns.--The " (A) shall be included in. the State transcortation plan required under section 135; and reement to ke a a Federal credithinstrumentnisyentered into aunderathisle subchapter, shall be included in the approved State transportation improvement program required under section 134. (2) Application. --A State, a local servicer identified under section 185(a), or the entity undertaking the project shall submit a project application to the Secretary. (3) Eligible project costs.-- " (A) In general. --Except as provided in subparagraph (B), to be eligible for assistance under this subchapter, a project shall have eligible project costs that are reasonably ant ticicated to equa! or excee the lesser of-- ' (i) $100,000,000; or (ii) 50 percent of the amount of Federal highway assistance funds accortiored for the :nose recently completed fiscal year to the State in which the project is located. (8) Intelligen.t transportation system. p:03e-ts.-- In the case of a project principally involving the installation ((Page 112 STAT. 244)) of an intelligent transportation system, eligible Project costs shall be reasonably anticipated to eq,--a! or exceed $30,000,000. (4) Dedicated revenue tz Shall sources.--P:eject fir.ancir.g sha repayable, ir, whole or in part, from,. to, _s, user fens, or all dedicated revenue sources. -czher " (5) Public sponsorship of private entities. --In the case Of a project that is undertaker. by a.^. er.t:ty tha- is r. or local government or a. agent. - a Scat_ or local g y or instrcec'a!i-y a government, ;he - - o- State shall be publicly spy„soreroesct that tt_ entity :s uc:eaa:-e (2). Provided .r. parag-achs (1) ar.c (�; Sa le cticn i.:ng Eli:. le Prcjztts.-- (i) Es-a:lisn:-ec- --The •r er;clisr. cc:tena )e" _ the. Mee-�t'.e e 'g • --- ria 7/29,'9S h.11ma.dot.90%/tea'-I/h2400enr.htm 7 „) : 0- 12 .-.._.. _1_.1J .. .,,. - — �cu,uiy Page 138 of 456 specified in subsection (a). 12) Selection criteria.-- " (A) In general. --The selection criteria shall include the following: (i) The extent to which the project is nationally or regionally significant, in terms of generating economic benefits, supporting international commerce, or otherwise enhancing the national transportation system. (ii) The creditworthiness of the project, including a determination by the Secretary that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. (iii) The extent to which assistance under this subchapter would foster innovative public - private partnerships and attract private debt or equity investment. .. (iv) The likelihood that assistance under this subchapter would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (v) The extent to which the project uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project. (vi) The amount of budget authority required to fund the Federal credit instrument made available under this subchapter. 1. (vii) The extent to which the project helps maintain or protect the environment. (viii) The extent to which assistance under this chapter would reduce the contribution. of Federal grant assistance to the project. " (6) Preliminary rating opinion letter. --For purposes of subparagraph (A.)(ii), the Secretary shall recuira each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that the project's senior obligations have the potential to achieve an investment -grade rating. .. (c) Federal Requirements. --In addition to the requirements of this title for h.'_ghway projects, chapter 53 of title 49 for transit projects, and section 5333(a) of title 49 for rail projects, the followin- provisions of lava shall apply to funds made available under this subchapter and projects assisted with the funds: [(Page 112 STAT. 24511 .. (1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2CC et sea.). y'(2) Tne National Environmental Policy Act of 1969 (42 (:._.C. 4321 EL z.). , -(`) T.ne Uniform. P.elccation Assistance and Real Prcperty :. Fclicies A_; of 1970 (42 U.S.C. 46GI et sea.). " (1� Fgreac.er.ts.--S..pject to paragraphs (2) througr. (4), Se=retary ray enter into agreements with 1 or more c-!;gDrs tc m..akE secures loans, the proceeds of which shall be used-- " (A) to finance eligible project costs; or (5) to refinance interim construction financing of Transportation Equity Act for the 21 st Century Page 139 of 4;(, eligible project costs; of any project selected under section 182. ''(2) Limitation on refinancing of interim construction financing. --A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(8) later than 1 year after the date of substantial completion of the project. ''(3) Risk assessment. --Before entering into an agreement under this subsection, the Secretary, in consultation with the +� �+ Director of the Office of Management and Budget and eac1h rating agency providing a preliminary rating opinion letter under section 182(b)(2)(B), shall determine an appropriate c6c_ta' reserve subsidy amount for each secured loan, taking into account such letter. ­(4) Investment -grade rating requirement. --The funding of a f secured loan under this section shall be contingent on the project's senior obligations receiving an investment -grade rating, except that -- '(A) the Secretary may fund an amount of the secured loan not to exceed the capital reserve s:;bsidy amount determined under paragraph (3) prior to the obligations receiving an investment -grade rating; and '(B) the Secretary may fund the remaining Forticn of the secured loan only after the obligations have received an investment -grade rating by at least 1 rating Q### agency. " (b) Terms and Limitations— ''(1) In general. --A secured loan under this section with VV�J respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. ''(2) Maximum amount. --The amount of the secured loan, shall not exceed 33 percent of the reasonably anticipated eligible project costs. " (3) Payment. --The secured loan-- " (A) shall-- " (i) be payable, in v,hole of in part, fray. tolls, user fees, or other dedicated revenue sources; and .. (ii) include a rate covenant, coverace requirement, or similar security feature supporting the project obligations; and ([Page 112 STAT. 246]) ..(B) may have a lien on revenues described in. subparagraph (A) subject to any lien securing project obligations. (4) Interest rate. --The interest rate on tr.e sez-:red loan shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the raturity of the secured loan on the date of execution of the loan a:reem=_nt. (5) Maturity date. --The final maturity date of the s=_,�ured loan shall be not later than 35 years after the date cf substantial completion of the project. "(6) Mor.subordinatic: --Tne secured lean s`.a'_1 r.ct be subordinated to the clai:-s cf an}' holder of project obi =.ions in the e•renc of bankruptcy, _r.so1•re.ry, or .of th= obligor. " (7) Fees. --The Secretary may estac'__sn fee-, at a level sufficient t:o cover all or a porn 0" of to costs to tn= Federal Go :•e rr.r.e nt cf making a secure: lt_r. under this sec:.c-.. ..(�� t;:7-.ederal snare. --The proceeds of a -_cute.. _c_n http:/)%\ i\-\t.mi%a.dot.roc/ 1ea2I/Q400enr.hml 7/29/9S - .dol.e;,\ .'ra'_1.'IC4UOcrr.Lun , _ '" i-4"4 h"'Or ltic 2Ist Century Page 140of456 under this subchapter may be used for any non -Feder Project costs required under this title or chshare of apter al al of title 49, if the loan is repayable from non -Federal funds. (c) Repayment.-- ) Schedule —The ary s_heduleforeach secured Sloan tunder hthisallesectionstablishbasedponmthe pro)ected cash flow from project revenues and other repayment sources. ­(2) CcTnencement.--Scheduled loan repayments of principal or er nctilaterst on a than S years eafter nthe ddate hof substantiallcompletion Of the project. (3) Sou of ment urces of es s--rad'�Ie loanc repayments y under f this section oshall includes for tC_!s, user fees, or other dedicated revenue sources. '(4) Deferred payments — (A) Authorization. --If, at any time during the 10 years after the date of substantial completion of the Project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the Outstanding balance of the secured loan. ..(B) Interest. --Any payment deferred under subparagraph (A) shall-- (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remain4_ng term of the loan beginning not later than 10 years after the date of substantial completion of the project in accordance with paragraph (1). '(C) Criteria.-- " (1) In general. --Any payment deferral under subparagraph (A) shall be contingent on the prciect meeting criteria established by the Secretary. (ri) Repayment standards. --The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (5) Prepayment. -- [[Faye 112 STAT. 24711 that '(A) Use of excess revenues. --Any excess revenues rem..ain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement sec,:ring project obligations may be applied annJally to preca'; the secured loan without penalty. .. (Ei Csa of proceeds of zefinancirg.--Thee secured _ear. c.a, to prepaid at any time without penalty from the i--J_eeds cf refinano:ina from nen-Federal fund-ing (_4 In general --Subject to paragraph 2)' -_ica„le after s•,:bstantial completion of a as soon as ••-__:yicg ch_ cb'iJJr, the project and after Secretary m__; sell to another entic _. cite c;cita'_ r..arke:s a secured loan fcr the y 1111p.t�iiti.thea.dotg0i10321•112400enr.lin 7/29,'9S Transportation Equity Act for the 21st Century Page 141 of 4>u project if the Secretary determines that the sale or reoffering can be made on favorable terms. ''(2) Consent of obligor. --In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. " (e) Loan Guarantees.-- " (1) In general. --The Secretary may provide a lean guarantee to a lender in lieu of making a secured loan if the Secretary determines that the budgetary cost of the loan guarantee is substantially the sz:ae as [:.at of a secured loan. hterms loan afor ll ba consistentTwith thetermsset forthSection secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretar}. " Sec. 184. Lines of credit (a) In General— .'(1) Agreements. --Subject to Paragraphs (2) through (4), the Secretary may enter into agreements to make available lines of credit to 1 or more obligors in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any project selected under " section 182. (2) Use of proceeds. --The proceeds of a line of credit made available y under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. ''(3) Risk assessment. --Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating ecinion letter under section 182 (b) (2) (B) , shall determine a-: appropriate capital reserve subsidy amount for each line of credit, taking account such letter. into ''(4) Investment -grade rating recuirement.--The funding of a line of credit under this section shall be contingent ([Page 112 STAT. 24811 on the project's senior obligations receiving an investment - grade rating from at least 1 rating age-.=y. (b) Terms and Limitations.-- ' (1) In general.--)% line of credit under this sec respect to a project shall Le iron wits c:� such, terms and rr.e_ticr,s contain such covenants, representations, warranties, and a nd req,jirements (including requirements fcr audits) as the Secretary determines appropriate. (2) Maximum amounts.-- ,�,�} .. (A) Total amount. --The tcta1 ameuct of the line of credit shall not exceed 33 pe:tact of tr.a reasonably anticipated eligible project cc s s. " (B) 1-year draws. --The a-=:nt drat.., in any 1 shall not exceed 20 ❑ec._en• cf 4 yea- ' - toca_ as x:at of the line cf cra�it. -.._ (3) 0.aas.--Any crax cn the line credi ,._tact loan and shall be made - stall __J:eser.: only if�cet raver ces frtm t ha (in:.ludicg cacicalice inheres' ahy det- service - -•= fund, ant a..; et..__ a:•ai_e. - - -- --- r--. Zee http:!; ii a ti . fltit a.dot e0c'tea21.112.100enr.htnt .,—p-taUun tqusty Act for the 21st Century Page 142 of 45G to pay the costs specified in subsection (a)(2). '•(4) Interest rate. --The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year marketable United States Treasury securities as of the date on which the line of credit is obligated. '(5) Security. --The line of credit -- (A) shall-- " (i) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources; and (ii) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and '(B) may have a lien on revenues described in sutc=ragraph (A) subject to any lien securing project cbllgatrons. (i) Period of availability. --The line of credit shall be available during the period beginning on the date of substantial completion of the project and ending not later than 10 years after that date. " (7) Riq!its of third -party creditors.-- " (A) Against federal government. --A third -party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on the line of credit. •'(8) Assignment. --An obligor may assign the line of credit to 1 or more lenders or to a trustee on the lenders' behalf. (8) Ncnsubordir.ation.--A direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation, of the obligor. (9) Fees. --The Secretary may establish fees at a level sUfflcierlt to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section. 1•(10) Eelationship to other credit instruments. --A project that receives a lire of credit under this section also shall not receive a secured loan or loan guarantee under section 183 of an ar,.ount that, ccmbined with the amount of the line of credit, exceeds 33 percent of eligible project costs. ((Page 112 STAT. 2491) (c) Repay-,ent,-- (1) Terms and conditions. --The Secretary shall establish repayment terms and conditions for each direct loan under this section based on the projected cash flow from project revenues and other repay-ent sources. (2) Tlm:ng.- L..11 scheduled repayments of principal or interest on a direct loan under this section shall commence not laser than 5 years after the end of the period of availability s_e-rifled in subset:icr. (b)(6) and be fully repaid, with ._eras_, c -Ene daze that is 25 years after the end of the !icy specified in subsection (b)(6). s-_r_ s c: repayment funds. --The sources of funds for s=r.?.ul?� item repay -.eats under this section shall include ,=_ls, user fees, cr other dedicated revenue_ sources. " (a) -rre:,•.:lrr..._n:.--Tr.? State in which a project that receives fln3cclal assis:ar._e uncer this subchapter is located may identify a kcal s_1::_er .- a____: t-.e Secretary in-__.___-:g the Federal credit Transportation Equity Act for the 21st Century Page 143 of 4io instrument made available under this subchacter. .. (b) Agency; Fees. --If a State identifies a local services under subsection (a), the local servicer-- " (1) shall act as the agent for the Secretary; and (2) may receive a servicing fee, subject to approval by the Secretary. (c) Liability. --A local servicer identified under subse_:_cn (a) shall not be liable for the obligations of the obligor to the S_=recary or any lender. " (d) Assistance From Expert Firms. --The Secretary may reta:n the services of expert firms in the field of municipal and projec: ::r,an_e to assist in the underwriting and servicing of Federal credit instruments. " Sec. 186. State and local permits .' The provision of financial assistance under this subchapter with respect to a project shall not-- " (1) relieve any recipient of the assistance of an-; obligation to obtain any required State or local perr,lc cr approval with respect to the project; " (2) limit the right of any unit of State or loco: government to approve or regulate any rate of return on private equity invested in the project; or " (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or opera:ron of the project, ''Sec. 187. Regulations ''The Secretary may issue such regulations as the Secretary determines appropriate to carry out this subchapter. 188. Funding " (a) Funding.-- " (1) In general. --There are authorized to be acprc_riated from the Highway Trust Fund (other than the Mass Trans+: Account) to carry out this subchapter-- " (A) $80,000,000 for fiscal year 1999; " (B) $90,000,000 for fiscal year 2000; ((Page 112 STAT. 25011 (C) $110,000,000 for fiscal year 2001; " (D) $120,000,000 for fiscal year 2002; an: " (E) $130,000,000 for fiscal year 2003. " (2) Administrative costs. --From funds made available under paragraph (1), the Secretary may use, for the ad.-.inis:r_:lcr, cf this subchapter, not more than $2,000,000 for ea_h of fiscal years 1999 through 2003. .' (3) Availability.--ATounts made available underz=ragrazh (1) shall remain available until exe-.�a::. " M Contract Authority.-- (1) In general.--Motwithsza^dlc_ an,, cther prcv:sc_n c' Ia., approval by the Secretary of a Federal creak ins:rcm.ec: that uses funds made_ available under tr.:s subchapter s a:l be deem?' to be acceptance by the tni-fed States of a ccn:ra_tca_ obligation to fund t;:e Federal crecit instrument. ..(2) Availability. --Amounts - horl:ed under this se:- - for a fls:al year _:mall oe d'!d_1=_G__ c..,,-•_• _ 7 tr.a f:s_31 "ear. hup:�.�����c.flm'a.dot.go�.'t:a21�h2-100cnr.htnl 2nq-q� _ ..uot.eo�%tca_iilt'-ivtiunr.ium Cq„ tty All for the 21st Century Page 144 017456 •(c) Limitations On Credit Amounts. --For each of fiscal years 1998 through 2003, principal amounts of Federal credit instruments made available under this subchapter shall be limited to the amounts specified in the following table: Fiscal year: Maximum amount 1995...................................................51,200f0credit: 1999................... 2000..................................... $1,200,000,000 .............. 2001.................................................. $1,800,000,000 2002...................................................$1,800,000,000 2,03 ................................................ $2,300,000,000 •••••...$2,300,000,000. -Er. 159. Report to Congress " Not later than 4 years after the date of enactment of this rMe pc:,apter, the Secretary shall submit to Congress received, financial performance of a report summarizing rexthe projects that are receiving, or have re the under this subchapter, including a recommendation as to whether the objectives of this subchapter are best served-- ..(1) by continuing the program under the authority of the Secretary; •'(2) by establishing a Government corporation Government-sponsoredenterprise or [o administer the program; or (3) by phasing out the to and relying on the capital markets to fund the types of infrastructure investments assisted by this subchapter without Federal participation. " . (b) Conforming Fur.endments.--Chapter 1 of title 23, United States Ccde, is amended-- (1) in the analysis -- (A) by inserting before -Sec.,, the following: SUBCHAPTER I--GENEPAL PROVISIONS--; a r.d (B) by adding at the end the following: .' SUBCHAPTER II--INFRASTRUCTUR= FINANCE E•etr.^.rtsons. . Determination of eligibility and project selection. 'i53, secured loans. 184. Lines of credit. 'IE5. Project servicing. IlFage 112 STAT. 251)) .'14E. State and local permits. 157, Regulations. Funding. n-.crt to Congress.' before Sec"` 1111 rt,e following: PRO': Section 301 of title 49, United States Code, b is aa-, the (7) y striping a..d' at the end: i-1 _.. rare ;r= (c) by striking - Pe the riod a ' - - the end and IIU;'. ������.1h11adot. o\.'t,•a21,112400cnr.hhn 7)29.'9S Transportation Equity Act for the 21 st Century Page 145 of .l inserting ; and''; and (3) by adding at the end the following: (9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and oter techniques used to leverage Federal transportation funds."." CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGPAM SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAh1. note.>> <<NOTE: 23 USC 181 (a) Definitions. --In this section: ' (1) Other assistance. --The term ''other assistance,, includes any use of funds in I C an infrastructure bank -- (A) to provide credit enhancements; (8) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest �q rates; (D) to ensure the issuance of letters of credit and credit instruments; �y (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing security; and instrument (G) to provide other forms of debt financing and alethods of leveraging funds [� that are approved by the Secretary and that relate to the Z i. �//.•�� protect with respect to which the assistance is _teing provided. (2) State. r - --The term -State' a has the meaning give❑ the term under section 401 of title 23 United States Code. (b) Cooperative Agreements.-- (1) In general. -- (A) Purpose of agree-.ents.--Subject to this section, the Secretary may 'into enter cooperative agreements with the States of California, Florida, Missouri, and Rhode Island for the establishment of State infrastructure banks and multistate infrastructure banks for ma'<ing loans and providing ether assistance to public and private entities carryin; out or proposing t-carry oc- projects eligib'_e for assistance under this section. (B) Contents of agreements. --Each cooperative agreement shall specify procedures and guidelines for establishing, operating, and providing assistance from the infrastructure bank. ((Page 112 STAT. 25211 (2) Interstate co:r.oacts.--If 2 or more States enter into a cooperative agreement under para:rap;; (1) with the Secretary for the establishment of a multistate grants conse, infrastructure bank, Congress �r nt to those States t= enter into an ir.tErstate g compact establishing the ban, iR a.. _.,-rda cce with this section. r (c) Funding. (1) Co❑tributrcn.--::otwithstandi- la•w, the Secretary ma.: a'1 ng any other provision. OF - ° sccJect to scbsecticn (n.)(1), State that eaters into - ccopera-ive ' s e.trr.: co contribu;A -� _ agreement under tr.'_s �_ tnz rn:ras:r_cturz bank esraclrshzd by the teate not to exceed-- (A)(i) the total arc_.n, cf fends appOrtic-e� to [r.e State under Eath. O_` par __dp'.3 (l), _ -__lion 1,'4(c) and - 144 Of title (le 23, Un____;d (;! of ill" J.dot.,,o1'/tea21/Ii240t)cnr.LNn TEA•21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century I TRANSFERABILITY OF HIGHWAY PROGRAM FUNDS Up to 50 percent of NHS apportionments may be transferred to Interstate Maintenance (IM), Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ) and/or the Bridge Replacement and Rehabilitation Program. [1310] Up to 100 percent of NHS apportionments may be transferred to STP, if approved b) the Secretary and if sufficient notice and opportunity for public comment is given. [23 USC 104(c)] Interstate Maintenance Up to 50 percent of Interstate Maintenance apportionments may be transferred to NHS, STP, CMAQ and/or the Bridge Replacement and Rehabilitation Program. [1310]. Bridge Replacement and Rehabilitation Pro -ram Up to 50 percent of Bridge Program apportionments may be transferred to IN1, NHS, STP, and/or CMAQ. 11310]. For purposes of apportioning Bridge Program funds, the transferred amount will be deducted from the total cost of deficient bridges in the State and in all States. [1109) Funds set aside for bridges not on Federal -aid highways (off -system bridges) may not be transferred unless a determination is made that the State has inadequate needs tojustify expenditure of the full amount of the setaside funds [23 USC 144(g)(3)] Congestion Mitigation and Air Quality Improvement Program Up to'50 percent of the amount by which the CMAQ apportionment for the fiscal year exceeds the amount that would have been apportioned for that fiscal year if the CMAQ program had been funded at $1.35 billion annual/) max be transferred to STP, NHS, 1,11, and/or the Bridge Program. Transferred funds may only be used in nonattainment and maintenance areas. [1310) Surface Transportation Pro -ram Transportation Enhancement (TE) setaside - Up to 25 percent of the difference bn%een the amount set aside or TE for the fiscal )ear and the amount set aside for TE for FY 1997 may be transferred to IMI, CIv1AQ, HS andor the Bridge Program. [1310] Safen setaside - Safen setaside funds equivalent to the funds made available for FY 1991 for the Hazard Elimination and Raih%ax-Highway Crossing Programs (23 USC 130 and 152) ma) not be transferred. Up to 2 5 percent of the difterence betty een the remainder of the safety setaside for the fiscal )'ear —the "optional s=fen" funds —and the comparable amount for FY 1997 may be transferred to IM. CMAQ, NHS and/or the Bridge Program. [L 101 TEA-21 -Transportation Equity Act for the 21st Century Moving Americans into the 21st Century CONGESTION MITIGATION AND AIR QUALITY IMPROVE\IENT PROGRAM �. Year 1997tISTEAI 1995 1 1999 2000 1 2001 2002 20�: Authorization' S1.029\1 S1,193N1 I S1.345\I S1.358\I SIJSS\I I 51,307\I Sl . • Authnrizattnnc ot,,,..•.. ti-.. ...at �_ _ . - - ---- "•• ""' ­ v, a pvtuun ut aunrmum vuarantee tuntls. 1 Program Purpose 00 The primary purpose of the Congestion Mitigation and Air Quality Improsement Program (CMAQ) is to tur,-1 projects and programs in air quality nonattainment and maintenance areas for ozone. carbon monoxide (COI and small particulate matter (PM-10) which reduce transportation related emissions. Distribution of Funds y Prior to apportionment, the following funds are to be set aside: CNJAQ Effectiveness Study - S500,000 to be set aside in each of fiscal years 1999 and 2000 for a study on the a effectiveness of the CMAQ program (air quality, congestion relief, economic potential) [ I I I0(e)) [� Remaining funds are to be distributed according to a formula based on population and severity of pollute n. under existing law, %%ith the following changes [11031: • Includes new weighting factors for ozone and CO maintenance areas. CO nonanainment areas. and ozone submarginal areas. • Eliminates special treatment for Califomia, New York, and Texas • Eliminates the freeze on the apportionment factors imposed under the NHS Designation Act Transfer of Funds[1310(c)] Up to 509r6 of the amount by which the apportionment for the fiscal year exceeds the amount that would has e been apportioned for that fiscal year if the program had been funded at S1.3 i billion annually may be transferred to STP. NHS, IM, and/or Bridge. Transferred funds may only be used in nonattainment and maintenance areas. Areas Eligible for Fundind [I 110(b)] Expands the areas that are eligible to recei%e CMAQ fundims to include: PM-10 nonattainment and maintenance areas areas designated as nonattainment under the 1997 revised air qualm standards. Limits eligibilitn of nonattainment and maintenance areas designated prier t December 31. 1997, TO classified submarginal through extreme for ozone, and moderate or serious for CO and PM-10 F.li^_ible Activities Expands elieibilin to include : l-napter I r / ` r` >- r v-tJ J Page I of 7 Chapter 1 - r q FTA - `�•.iNOEx � tsEARcH �_ I FrEEDBBACR 0 U 5. Department of Transportation CHAPTER I GENERAL OVERVIEW I. CODIFICATION OF FEDERAL TRANSIT LAWS. The Urbanized Area Formula Program (formerly the Section 9 program) was established by the Surface Transportation Assistance Act of 1982. That statute and related transit laws are now codified at 49 U.S.C. Chapter 53. Substantially all of ttte previous legislation, including Section 9, was repealed. The new statutory citation for the Urbanized Area Formula Program is 49 U.S.C. Section 5e ne Although the language of Section 5307 fo differs in some respects from the language of the Fommsla Progrm. rithese differences effect no substantive changes to the Urbanized Area tuaSection 9� This circular uses the ne%v fora, citations: of citation. Listed below are the most commonly used Sub'ect 49U.S.C.section Former Federal Metropolitan Planning Program Transit Act citation Urbanized Area Fomtula Program Capital Program Section 5303 Section 5307 Section 8 Elderly and Persons with Disabilities program Nong Section 5309 Section 5310 Section 9 Section 3 urbanized area Formula Program m State Planning and Research Program Section 5311 Section 16 Section I8 Transit Employee Protective Certification National Transit Database Section 5313(b) Section 5333(b) Section 26(a)(2) Section 5335 Section 13(c) Section 15 2. THE URBANIZED AREA FOR1tt tr e PR Ram makes Federal resources available to urbanized areas and tot eTile aGove ors onized Area � transitrimula Program t and operating assistance in urbanized areas and transportation -related planning. An urbanized area is an incorporated area with a population of 50,000 or more that is designated as such by the Bureau of the Census. For urbanized areas with at least 200,000 in population, Urbanized Area Fomtula Program funds are apportioned and flow directly to a designated recipient(s) selected locally to apply for and receive Federal funds. For areas with less than 200,000 in population, the funds are aPPorlioned to the GokemA or of each state for distribution. few areas with less than 200,000 in population have been designated as transportation management areas and receive apportionments directly. See Chapter II, paragraph 2, "Transportation Management Areas." Chapter IV describes the apportionment process. Under this formula program, state and local agencies are permitted to: a. allocate program resources among recipients in an urbanized area without Federal http:,'/wwx%.fta.dot.go% librar);'policy/9030_IB/9030CHI.htnt in%'ol%'cntent, Pa_e _' or " b. identify and C select the projects (capital, operating, or plannin,,) to be included in a C. metropolitan and a statewide transportation improvement progranl, c. self -certify that %arious statutory requirements have been or hill be niet; and d. submit a single grant application and one budget for a program in lieu of many indi%ideal project applications and budgets. The Federal role in program management activities is, to the nlaxinttun extent feasible, line%;, and non -intrusive. At the grant application stage, the application re%ie%c focuses on rno aspects: has the grant applicant provided the information qualon re% it as eligible to tx co and administer funds from file FTA, and arc the proposed project elentcnts eligible under i't U.S.C. Chapter 53. Many of the eligibility issues are ntet by the grant apphcanl's certificdnon that it does qualify or that it will comply %%ith requirements. FTA folio%%s up %kith checks of the self -certifications after the grant has been awarded. FTA le —lation requires the FTA to conduct audits or have recipients of FTA grants to have independently conducted audits on do annual basis. Legislation also requires the Secretary of Transportation to conduct post -grant reviews and evaluations of the grantee's compliance %kith certifications and other requirements at least once every three years. in recent years,there has been a renewed and increased emphasis on metropolitan and statewide planning as the basis for project selection. Projects to be funded by FTA must ha%e been part of a local planning process that included clear identification of needs and the source_ of funds supporting a project and a well -publicized opportunit% for the public to comment on the plans. FTA provides technical assistance through the presence of 10 Regional Offices, training courses, and regional meetings to assist the grantee in complying with al Offices, %e and legislative requirements. The Regional Offices' addresses and telephone numbers and the states they serve are listed in Chapter Vill of the circular. AUTHORIZING LEGISLATI N. Authorizing legislation is substantive legislation enacted by Congress that sets up or continues the legal operation of a Federal program or agency. Congress amends FTA's authorizing legislation every four to six years. FTA's most recent authorizing legislation is the lntermodal Surface Transportation Efficiency Act of 1991, as antended(il (ISTEA). The ISTEA authorizes FTA programs front Federal Fiscal Year 1992 through Fiscal Year 1997. The ISTEA changed the name of the Urban `lass Transportation Administration to the Federal Transit Administration (FTA). Changes have been added to this circular to reflect changes in Federal transit laws and other la%%s that have come into effect since the circular was last published in 1987. LENGTH OF TIME FUNDS ARE AVAILABLE. nnuCongress appropriates funds for FTA programs annually, and Urbanized Area Fola Program funds are apportioned annualh by FTA. Funds apportioned by FTA under the Urbanized Area Formula Program remain available to the recipient for four fiscal years --the year of the apponionment plus three additional years. Recipients of apportionments submit grant apPlicauons to FTA for grants to use the apportioned funds. Upon approval by FTA of the grant application and execution of file grant agreement, FTA obligates the funds to the grant applicant. Mier four years, funds apportioned but not obligated in grants by FTA will no longer ba available for obligation to the area to %which they were originally apportioned. These funds %%ill be added to the amount available to FTA for re -apportionment nationally in the next fiscal %ear. AVAILABILITY OF "FLEXIBLE" FUNDS Flexible funding categories are those programs authorized under Title 23 U.S.C. 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Sd I iatdr4l Page 2 of 3 Once a project is ready to be implemented, the FTA grantee submits a compl the aPProPtiate FTA Regional Of lice according to the application instructionsete ofaChappplitercationo fI t it has file same lime, the grantee notifies the designated state highway/transportation agency that has submitted an application to FTA that will require a transfer of FIiWA funds to FTA. In sonar states, in practice, it may be the hIPO or the FTA that notifies the state hi;h%% to has nspo dent agency. Once the state highway/transportation agency determines that the state has sufficient obligation authority, the state agency notifies FHWA that the funds are I,) be used for transit purposes and requests that the funds be obligated by FIIWA as a transfer project to FTA Once the project is approved and obligated, the grantee carries out the project following the guidance of FTA Circular 5010.1B, "Grant Management Guidelines." The FTA Regional Office %%ill administer the project as an Urbanized Area Formula Program project. c. Matching Share for Flexible Funds. The provisions of Title 23, U.S-Code, regarding the non -Federal share apply to Title 23 funds used for transit Projects. Thus, flexible funds transferred to FTA require the same non -Federal matching share that such funds would have had it used for highway purposes and administered by the FH\\'A. l here are two instances in %%hick a higher than 80 percent Federal share would be maintained. First, in states %%ith large areas of Indian and certain public domain lands, and National Forests, Parks and monuments, the local share for highway projects is determined by a sliding scale rate, calculated on the basis of the percentage of public lands within that state. This slid" scale, which Penmits a greater Federal share, but not to exceed 95 percent, is applicable to ti.msn projects funded with flexible funds in these public land states. FIIWA develops annually the sliding scale matching ratios for the increased Federal share. Secondly, commuter ridesharing projects (carpooling and varpooling) and transit safety Projects using flexible funds administered by FTA may retain the same 100 percent Federal share that would be allowed for ride -sharing or safety projects administered by the FHWA. CNIAQ funds are available for operating assistance at the 80 percent Federal share, but such availability is limited to the introduction of new transit services and for up to a three -yea period only. r d. Use of FIJXVA Funding for Transit without a Transfer It shouI4 be noted that funding under se%eral FII\\'A programs may be used for some transit and transit -related projects without actually being transferred and administered by FTA. Local and state officials may choose, for example, to administer certain flexibly funded projects, such as high -occupancy -vehicle lanes and park -and -ride lots, through FH\VA rather than FTA if this would facilitate the delivery of the project. The decision to administer FHWA flexible funds through FTA or FHWA when the Project is eligible for funding under both programs should be based on the nature of the project, the agencies involved in its implementation, and the preference of the fund recipient to follow either FTA or FH\\'A administrative procedures and requirements. There is no need to transfer STP, CMAQ, and NHS funds, for example, from FHWA to FTA %%hen the grant applicant is undertaking transit -related planning activities: the eligibility criteria for planning activities under these FHWA programs and under the Urbanized Area Q Formula Program are identical b e Transfer of FTA Funds to FlIWA. As noted in Chapter IV, paragraph 7, under certain conditions Urbanized Area Formula Program funds may be transferred to FHWA and used for highw ay projects To be eligible for this purpose, Urbanized Area Formula Program capital funds must be: ( I ) Attributable to Transportation Managenment Areas; .� hnP %%%%w fta.do1 go% hbrun policy 9030 IB 9030APPE.htm C,r Appendix E? Page 3 of (2) Approved for highway purposes by the cognizant MPO, (3) Certified by the MPO as not being needed for investments required by the Americans with Disabilities Act of 1990 (ADA). (FTA must then make a determination that ADA needs have been met.); and (4) Local funds used for the nun -Federal matching share must be usable for either lu0m u% or transit projects. A highway project funded under the FTA Urbanized Area Fommula Program must follow the same planning, programming, anu project selection processes described earlier in paragraph 2b. Once these steps are completed, the designated state highway/transportation agency notifies the Urbanized Area Fonuula Program designated recipient that the Project is read% I.• proceed. The designated recipient then sends a transfer request, 111cludin51 the ADA certification mentioned above, to the appropriate FTA Regional Oftice. Upon FTA's determination that ADA needs have been met, the transfer of Urbanized Area Formula Program funds to the cognizant FHWA Division Office will be processed. f. Additional Information. More infommation abort these programs can be found in the pamphlet, "Flexible Funding Opportunities for Transportation Investments [lit file) ISTE -k the most recently updated of which can be obtained from FTA Regional Offices. Additmuna guidance concerning transit projects eligible for CMAQ funding also may be obtained from time Regional Offices. Return to the Table of ni,fents -- -- - — 7/1419S httP:,,%%%%%y.Ra.dot.goy/Iibrary/policy/903(i_I B,9030APPE hill, 7 1-1',-