federal landscape: transportation funding

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National Rural Transportation Conference Kathy Ruffalo December 5, 2014

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Page 1: Federal Landscape: Transportation Funding

National Rural Transportation Conference

Kathy Ruffalo

December 5, 2014

Page 2: Federal Landscape: Transportation Funding

Topics

• Election results

• Lame duck session

• Key dates in 2015

• Authorization efforts

• Funding and financing update

Page 3: Federal Landscape: Transportation Funding

Know your audience……….

• Or at least know what people think of your audience………..

Page 4: Federal Landscape: Transportation Funding

Opinion of Congress*

Favorable - 13%

Unfavorable – 83%

*Gallup – March 2013

Page 5: Federal Landscape: Transportation Funding

Congress MORE popular than*

- Fidel Castro

- North Korea

- Meth labs

- The Kardashians/Lindsey Lohan

- Lobbyists

*Public Policy Polling

Page 6: Federal Landscape: Transportation Funding

Things MORE popular than Congress*

- Lice- Used car salesman- Root canals- Carnies- Cockroaches- Colonoscopies- NFL replacement refs

*Public Policy Polling

Page 7: Federal Landscape: Transportation Funding

Election results

Page 8: Federal Landscape: Transportation Funding

Most expensive election in US history

• Estimated that $4 billion was spent

• NC Senate race was $100 million

• Low voter turnout nationwide – 36.6%

• What will this mean for 2016?

Page 9: Federal Landscape: Transportation Funding

Source: National Journal Research; CNN Election Center; New York Times.

Republicans Win Record Majority in House

Analysis• Republicans won a total of at least 244 seats in the House, their largest majority since 1928• An expanded GOP majority in the House means that Speaker Boehner will have an easier time passing legislation in the House without

Democratic support, and Republicans will also have an easier time holding on to their majority in future elections

Control of the 113th House (2012-2014)

Democratic

Republican

Vacant

Undecided*

Control of the 114th House (2014-2016)

AK

Total SeatsDemocrats: 188

Republicans: 244Undecided: 3

188 244

* Races not called as of 11/13/2014; includes runoff elections to be held in LA-5 and LA-6

3

AK

Total SeatsDemocrats: 199

Republicans: 233Vacancies: 3

199 233

Page 10: Federal Landscape: Transportation Funding

Source:

Demographic Profiles of the 113th and 114th Congresses

113th Congress 114th Congress

House Senate House Senate

D R All D R All D R All D R All

40 and Under

7% 9% 8% 0% 0% 1% 10% 9% 9% 0% 4% 2%

Women 30% 8% 18% 30% 9% 20% 34% 8% 19% 33% 11% 22%

Black 20% 0% 9% 2% 2% 2% 23% 1% 10% 2% 2% 2%

Latino 13% 3% 7% 2% 7% 4% 13% 4% 8% 2% 6% 4%

*Results calculated with Senate races still pending in Louisiana and Alaska, as well as 7 House races; projected winners in pending races not accounted for in this tallySource: National Journal Research

AnalysisThe share of members age 40 and under, as well as the share of women and members who identify as black or Latino

all increased in the 114th Congress

Page 11: Federal Landscape: Transportation Funding

Source: National Journal Research; CNN Election Center; Associated Press; NBC News.

Republicans Win Solid Majority in Senate

OH

WV VA

PA

NY

ME

NC

SC

GA

TN

KY

IN

MIWI

MN

IL

LATX

OK

ID

NV

OR

WA

CA

AZNM

CO

WY

MT ND

SD

IA

UT

FL

AR

MO

MS AL

NE

KS

VT

NHMA

RICT

NJ

DEMD

AK

HI

Control of the 114th Senate (2015-2017)

AK

2 Democrats

2 Republicans

1 Democrat + 1 Republican

1 Democrat + 1 Independent

1 Republican + 1

Independent

Undecided/Runoff

Democrats: 44

Republicans:

53

Independents: 2

Undecided: 1Runoff election will be held on December 6,

2014

Page 12: Federal Landscape: Transportation Funding

Senate changes

Current Senate

- 55 Democrats*

- 45 Republicans

* Includes 2 Independents

New Senate*

- 53 Republicans

- 46 Democrats**

* LA set for run-off on 12/6

** Includes 2 Independents

Page 13: Federal Landscape: Transportation Funding

New Senators

Alaska – Dan SullivanArkansas – Tom CottonColorado – Corey GardnerIowa – Joni ErnstGeorgia – David PerdueMichigan – Gary PetersMontana – Steve DainesNebraska – Ben SasseNorth Carolina – Thom TillisOklahoma – James LankfordSouth Dakota – Mike RoundsWest Virginia – Shelley Moore Capito

Page 14: Federal Landscape: Transportation Funding

Control of Senate After 2014 Elections

Projected Control of SenateAfter 2016 Elections

Projected Control of SenateAfter 2018 Elections

1”Presidential performance” is a candidate’s margin of victory in a particular state’s popular vote results, and is a useful indicator for measuring state party leanings in 2014 and 2016 Senate electionsSource: National Journal Research analysis.

Obama +5 or greater

Obama +4.9 to Romney +4.9

Romney +5 or greater

2016 Senate Races by 2012 Presidential Performance1

Control of Senate May Seesaw Back to Democrats in 2016

Senate

?

Obama +5 or greater

Obama +4.9 to Romney +4.9

Romney +15 or greater

Democrat Senator (21)

Republican Senator (15)

2014 Senate Races by 2012Presidential Performance1

Democrat Senator (10)

Republican Senator (24)

2018 Senate Races by 2012 Presidential Performance1

Obama +5 or greater

Obama +4.9 to Romney +4.9

Romney +5 or greater

IndependentSenator (2)

Democrat Senator (23)

Republican Senator (8)

Projected Control of the Senate, 2016 and Beyond

Page 15: Federal Landscape: Transportation Funding

Lame Duck

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Only Urgent Issues Likely to be Addressed in

Lame Duck Session

Sources: National Journal Research, 2014; Billy House, “Election Uncertainty Complicates Budget Decisions,” National Journal, August 20, 2014; Robert Longley, “Lame Duck Sessions of the U.S. Congress,” About News,

2014; Billy House, “As Bills Pile Up, Congress Starts Contemplating a Lame Duck Session,” Government Executive, June 18, 2014;

Potential Lame Duck Session Legislative Productivity (113th Congress)House Senate

White House

Analysis

•Expect legislators to pass only

necessary, short-term bills and an

omnibus budget bill in the lame duck

session

•The lame duck session will likely be

more productive than the September

session; necessary legislation that was

not passed before the election may be

taken up in the lame duck session, and

controversial votes are easier for

members to take without electoral

pressure

•Because Dems will lose control of the

Senate in January, they may attempt to

push legislation and appointments

through while they still have control;

•However, the limited duration of the

lame duck available, and the fact that

several major issues (government

funding, tax extenders, TRIA) will

expire in December, may mean that

there will be no opportunity for non-

essential legislation

Congress most likely

to focus on must-pass

legislation in the lame

duck

Page 17: Federal Landscape: Transportation Funding

Once Republicans Control the Senate, Expect More Bills

(and More Vetoes)

Sources: National Journal Research, 2014; Rebecca Kaplan, “3 big issues Congress will likely punt for now,” CBS News, July 29, 2014; Billy House, “Election Uncertainty Complicates Budget Decisions,” National Journal,

August 20, 2014; Phillip Bump, “Yes, the Senate is ignoring hundreds of bills passed by the GOP House. But it’s always been that way,” The Washington Post, August 8, 2014.

Potential Post-Election Legislative Productivity With Republican Senate (114th Congress)House Senate

Analysis

•When Republicans formally take

control of the Senate in January,

expect legislative productivity to

go up, since Congressional

gridlock will be less of an obstacle

to lawmaking

•However, there could still be

disagreements within and

between chambers: Senate

Republicans will still have to

address concerns of moderate

Democrats in order to pass

legislation, so Senate bills are

likely to be more moderate than

House versions

•Even if Congress does pass more

Republican-backed bills, Obama

will likely veto highly partisan

legislationWhite House

Republican-controlled

congress will likely be

highly productive

White House will

veto highly

partisan bills

Page 18: Federal Landscape: Transportation Funding

Lame Duck Session

• Leadership priorities:– NSA surveillance (failed)– Terrorism Risk Insurance Act– Defense Authorization bill– Tax Extenders (transportation funding vehicle?)– “Cromnibus?” – combination of an omnibus for some

agencies; CR for others– For Dems - nominations

- Want to recess for Thanksgiving – and “hopefully” finish close to 12/11 date

Page 19: Federal Landscape: Transportation Funding

Key dates for 2015

• February – President’s budget released

• March/April – Budget resolutions and budget reconciliation

• March (with possible extension) – debt ceiling

• May 31st – MAP-21 extension expires –funding at the same time – Earlier? Later?

• June/July – Appropriations (don’t forget sequester!)

Page 20: Federal Landscape: Transportation Funding

Authorization Status

• “New” Senate Chairman of EPW Committee• “New” Ranking Member of T&I• Key policy issues

– Local input– Freight/goods movement– Implementation issues

• House and Senate Committee leaders express desire to move a bill in early Spring

• Despite will to move quickly and before May 31st

– funding shortfall will remain obstacle

Page 21: Federal Landscape: Transportation Funding

Funding

• May 31st is key date – but understand it could be sooner (or later)

• Will authorization bill be constrained to “flat funding plus inflation”?

• Will tax reform be the vehicle?– Both sides still have different goals

– Repatriation getting attention – not necessarily support

• Same list of options being discussed*

Page 22: Federal Landscape: Transportation Funding

Transportation’s fiscal cliff

Page 23: Federal Landscape: Transportation Funding

Just five months ago……..

• Congress extended MAP-21 policies through May 31, 2015

• Congress also transferred $10.8 billion into the Highway Trust Fund to maintain current funding levels – “estimated” to last until May 31, 2015

Page 24: Federal Landscape: Transportation Funding

Two problems

• What happens after May 31st next year?

• “Longer” term shortfall

Page 25: Federal Landscape: Transportation Funding

Fuel Taxes Power Fund

Joseph Kile, “The Highway Trust Fund and Paying for Highways,” Congressional Budget Office, May 17, 2011.

Analysis• 90% of the Highway Trust Fund’s revenue comes from fuel taxes (imposed at the federal level but collected by state retailers), and gas

taxes comprise 75% of fuel tax income• The fund’s relative dependence on a small number of sources makes it vulnerable to revenue and consumption fluctuations

25

Page 26: Federal Landscape: Transportation Funding

History

• Since 2000, Congress has spent more from the Highway Trust Fund than revenue collected

• Congress has transferred funds from the General Fund to the HTF to keep spending at current levels– Approximately $65 billion transferred

– Some transfers “paid” for

Page 27: Federal Landscape: Transportation Funding

HTF outlook

• In order to keep current funding levels, need revenue from “somewhere”……….

• Current funding gap – roughly $15 - $18 billion needed annually to maintain current funding levels

Page 28: Federal Landscape: Transportation Funding

Funding vs. Financing

Funding

• Collection of taxes, fees, and other charges and the allocation of these revenues for transportation purposes

Financing

• Leveraging or upfront monetization of revenue streams

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Choices

• Reduce spending

• Go to the General Fund – again

• Raise current taxes or fees

• Create new funding mechanism

Page 32: Federal Landscape: Transportation Funding

Examples of financing methods

– National Infrastructure Bank or Fund

– TIFIA Expansion

– Private Activity Bonds

– Tax credit bonds

– Tax exempt bonds

Page 33: Federal Landscape: Transportation Funding

States taking the lead

• Sales taxes

• Indexing transit fares and fuel taxes

• Moving taxation to wholesale level

• Internet sales tax revenue

• Oil and gas impact fees

• Vehicle miles traveled

• Tolling, managed lanes

• Lottery proceeds

• Raising DL fees, titling, registration, emission

• Alternative fuel vehicle fee

• Regional congestion relief fees for real estate

• Rest stop sponsorship

Page 34: Federal Landscape: Transportation Funding

Patience and Wisdom

Page 35: Federal Landscape: Transportation Funding

Kathy Ruffalo

[email protected]

202-997-4136