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Transportation Bill Legislators D~~~E ~cÆ~ MEMORANDUM August 31,2004 C/) ') : ~I - TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Transportation Bill Right-of-Way Language Economic Development Director Bill Baum and Cable Franchise Administrator Merrill Crawford are providing information about objectionable language contained in the proposed federal Transportation Bill, and request approval to send letters of concern to Congressman Nussle and Senator Grassley. I concur with the recommendation and respectfully request Mayor and City Council approval. f!L¡"(;~)~/J¿ l Mic ael C. Van Mllhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bill Baum, Economic Development Director Merrill Crawford, Cable Franchise Administrator D~ ~cÆ~ MEMORANDUM August 30, 2004 FROM: Michael Van Milligen, City Manager William Baum, Economic Development Director ø~~ Merrill Crawford, Cable Franchise Administrator TO: SUBJECT: Transportation Bill Right-of-Way Language Introduction The purpose of this memorandum is to advise you of objectionable language in the proposed federal transportation bill, and request approval of letters of concern to Congressman Nussle and Senator Grassley. Background and Discussion Congressman Nussle and Senator Grassley are on the conference committee to iron out differences in the new transportation reauthorization bill, the Transportation Equity Act: A Legacy for Users. Congressman Nussle has been very instrumental in including funds for the IA 32 (Southwest Arterial) project and the expansion of the US 20 Julien Dubuque Bridge. $20 Million and $25 Million have been identified in the House version of the bill. Therefore the City has been very supportive of the passage of the bill. However, the National League of Cities and the National Association of Telecommunications Officers and Advisors have advised us that a provision of this bill will preempt our authority to manage our public right of way. The proposed provision would allow a private provider of intelligent vehicle highway systems (IVHS) to be exempt from rights-of way laws and regulations. This provision is a direct threat to local control over public right of way, and the City of Dubuque should be concerned about the potential future impact of this language. Action Requested We recommend the City Council review and approve the attached letters to Congressman Nussle and Senator Grassley, asking the provision be removed from the new transportation bill. September 7,2004 The Honorable Charles Grassley 135 Hart Senate Office Building Washington, DC 20510-1501 Ref: Transportation Equity Act: A Legacy for Users Dear Senator Grassley: The City of Dubuque appreciates your support for our transportation projects in new Transportation Reauthorization Bill referenced above. Identification of funding of $25 Million for the expansion of the US 20 Julien Dubuque Bridge, and $20 million for Iowa 32 (Southwest Arterial) is critical to the completion of Dubuque's transportation priorities. Your efforts on our behalf have been outstanding. I am writing on behalf of the City of Dubuque to express our concern with a direct threat to state and local government authority over public rights-of-way, contained in the Transportation Reauthorization bills currently in conference. The objectionable language is contained in the House bill (HR 3550) in Section 5205(g)(4). In the Senate bill (S. 1072), it is in Section 2105(a)(5), and in the Administration's proposed bill, it is in Section 55030) The damaging provision would preempt state and local government authority to manage and control its public rights-of-way for the deployment of a privately owned and operated intelligent transportation system on highways for which federal funds have been used. This language essentially allows the U.S. Secretary of Transportation, to execute a "takings" of rights-of-way under state and/or local control, for the benefit of a private entity. The intelligent transportation system (ITS) referenced in this language is a network of privately-owned devices and transmission systems that are installed in the rights-of-way adjacent to highways and provide real time traffic data such as traffic speed and volume. Under the current pilot program, deployed in Pennsylvania, the U.S. Department of Transportation provides funding for the deployment of the system. In choosing to participate in this program, a local or state government would be given access to the traffic data tracked by the ITS network as well as a share of the revenue the private company receives for selling this information to commercial entities and commuters. While extending and expanding the program to other metropolitan areas, a change to this program contained in the Senate bill, if accepted in conference, would appear to require any revenue generated by this program to be reinvested into this ITS network. The Senate bill is also more problematic as it contains language that would exempt the rights-of-way authority of governments along "major transportation corridors serving [a] metropolitan area" that is participating. This language would impact our ability to manage growth, in particular growth in fringe areas of the community. While ITS systems under this program could provide some benefit to those local and/or state governments that choose to participate, we feel that any benefit would be overshadowed by the broad preemption of state and/or local right-of- way authority that is required in exchange. As I indicated previously, the inclusion of our two major transportation projects in the Transportation Reauthorization bill is our top priority. However, preserving state and local control over public rights-of-way is essential. We urge you to work to remove these rights-of-way provisions from the transportation legislation in conference. Sincerely, Michael C. Van Milligen City Manager F:IUSERSIWBaumlFederallnitiativeslLETTER TO Senator Grassley.doc September 7,2004 The Honorable Jim Nussle Room 303 Cannon House Office Building Washington, D.C. 20515-1502 Ref: Transportation Equity Act: A Legacy for Users Dear Congressman Nussle: The City of Dubuque appreciates your support for our transportation projects in new Transportation Reauthorization Bill referenced above. Identification of funding of $25 Million for the expansion of the US 20 Julien Dubuque Bridge, and $20 million for Iowa 32 (Southwest Arterial) is critical to the completion of Dubuque's transportation priorities. Your efforts on our behalf have been outstanding. I am writing on behalf of the City of Dubuque to express our concern with a direct threat to state and local government authority over public rights-of-way, contained in the Transportation Reauthorization bills currently in conference. The objectionable language is contained in the House bill (HR 3550) in Section 5205(g)(4). In the Senate bill (S. 1072), it is in Section 2105(a)(5), and in the Administration's proposed bill, it is in Section 55030) The damaging provision would preempt state and local government authority to manage and control of its public rights-of-way for the deployment of a privately owned and operated intelligent transportation system on highways for which federal funds have been used. This language essentially allows the U.S. Secretary of Transportation, to execute a "takings" of rights-of-way under state and/or local control, for the benefit of a private entity. The intelligent transportation system (ITS) referenced in this language is a network of privately-owned devices and transmission systems that are installed in the rights-of-way adjacent to highways and provide real time traffic data such as traffic speed and volume. Under the current pilot program, deployed in Pennsylvania, the U.S. Department of Transportation provides funding for the deployment of the system. In choosing to participate in this program, a local or state government would be given access to the traffic data tracked by the ITS network as well as a share of the revenue the private company receives for selling this information to commercial entities and commuters. While extending and expanding the program to other metropolitan areas, a change to this program contained in the Senate bill, if accepted in conference, would appear to require any revenue generated by this program to be reinvested into this ITS network. The Senate bill is also more problematic as it contains language that would exempt the rights-of-way authority of governments along "major transportation corridors serving [a] metropolitan area" that is participating. This language would impact our ability to manage growth, in particular growth in fringe areas of the community. While ITS systems under this program could provide some benefit to local and/or state governments that choose to participate, we feel that any benefit would be overshadowed by the broad preemption of state and/or local right-of-way authority that is required in exchange. As I indicated previously, the inclusion of our two major transportation projects in the Transportation Reauthorization bill is our top priority. However, preserving state and local control over public rights-of-way is essential. We urge you to work to remove these rights-of-way provisions from the transportation legislation in conference. Sincerely, Michael C. Van Milligen City Manager F:IUSERSIWBaumlFederallnitiativeslLETTER TO Congressman Nussle.doc