This special full-length NYPTA Legislative Update features several important articles including:

State News:

Special Session Update

Senators Offer MTA Tax Repeal

Federal News:

Action Needed: Alternative Fuels Tax Credit Expires December 31, 2009

FTA Launches Emergency Preparedness Website

APTA Requests Input on Public Transit Industry Survey

Lend your Voice to the United We Ride Campaign

New Continuing Resolution Extends SAFETEA-LU Authorization and Fiscal Year 2010 Transportation Appropriations through December 18

Click the Read More link below to view the full article.

Special Session Update

A public “Quick Start” budget meeting between representatives from the Division of the Budget, the Senate Finance Committee, the Assembly Ways and Means Committee, and the Office of the State Comptroller was held yesterday, November 9 to discuss respective revenue and disbursement estimates for the 2009-10 and 2010-11 fiscal years. The meeting took place prior to the Governor’s address to an unusual joint session of the Legislature at 3:00 PM.

Senate Democrats have publicly opposed the Governor’s DRP proposal and issued their own proposal yesterday, which can be found by clicking here. Important to NYPTA members: the proposal includes the DERA regulation exemption for vehicles that are within three years of the end of their useful life, consistent with NYPTA’s proposal during the Budget negotiations earlier this year. The Senate proposal did not include any STOA details or a variety of other local assistance cuts which were proposed by the Governor. Weingarten, Reid & McNally hopes to have further clarification on these and other issues tomorrow.

The proposal includes:

• A re-estimate of the deficit to the tune of $248 million;
• $500 million from refinancing of the tobacco bonds;
• Sweeps: $200 million from the Port Authority, $160 million from NYS HIP, $40 million from the Workers Compensation disability fund;
• $39 million in estimated new revenue generated by extending VLT parlor hours;
• $30 million from reducing the government's reliance on consultants; and
• $26 million from a settlement between the state and Pfizer that has not been counted by the Governor.

In addition, the proposal adopts a spending cap which has been the rallying call on the Budget from the Senate Republicans which has lead some to speculate the Governor might forge an alliance with them and Upstate Democrats to push for a resolution to the deficit.

The proposal rejects the Governor’s proposal to cut Medicaid and Education spending as well as a variety of other cuts. Senator John Sampson was quoted by the Daily News as saying: "Not only do we have to be fiscally responsible, but we have to take into consideration that we cannot always balance the budget on the backs of our children, on seniors, and most of all, students."

The unveiling of the Senate proposal should create an interesting scenario with the extraordinary session today and little agreement in sight.

Weingarten, Reid & McNally, LLC
One Commerce Plaza, Suite 402
Albany, NY 12210
Phone 518-465-7330
Fax 518-465-0273
Visit us on the web at www.lobbywr.com

Senators Offer MTA Tax Repeal

The Hudson Valley's five state senators introduced legislation last Thursday that would repeal the new payroll tax for the Metropolitan Transportation Authority in Orange, Rockland, Dutchess and Putnam counties.

The revenue-neutral legislation seeks to replace the tax — 34 cents on every $100 of payroll in the MTA's 12-county service territory — with fare increases of 13 percent on Metro-North riders in the four counties and in Connecticut.

Click Here to continue reading this article from the Times Herald-Record.

Action Needed: Alternative Fuels Tax Credit Expires December 31, 2009

On December 31, 2009, the current federal excise tax credit for alternative fuels and alternative fueling infrastructure expires. Transit operators who utilize alternative fuels, including compressed natural gas (CNG) and liquid natural gas (LNG) are eligible for a 50 cent per gallon equivalent tax credit. This tax credit is an important source of revenue for many public transportation agencies that utilize natural gas for a portion or all of their fleet fueling needs. Not only does this provision provide significant offsetting revenues to agencies’ fuel budgets, it further supports the industry goals of enhancing our nation’s long-term strategy for energy security and its contribution to the reduction of greenhouse gas emissions.

What Can You Do?

Contact your Representative and Senators, particularly members of the House Committee on Ways and Means and the Senate Committee on Finance. When you talk to your Senators, please ask the following:

• Urge your Senator to contact Chairman Baucus of the Senate Finance Committee and other Senate leaders to express support for extending the alternative fuels tax credits before they expire on December 31, 2009.
• Urge your Representative to contact Chairman Rangel of the House Ways and Means Committee and other House Leaders to express support for extending the alternative fuels tax credits before they expire on December 31, 2009.
• Explain that the tax credit provisions provide important offsets to your alternative fueling costs and provide incentives for investments in clean natural gas vehicles and fueling infrastructure, and that they have the added benefits of encouraging our nation’s energy independence and reducing carbon emissions.
• Ask your Senator to co-sponsor S. 1408 which would extend through 2019 the 50 cent per gasoline gallon equivalent (gge) tax credit for natural gas (both CNG and LNG).
• Ask your Representative to cosponsor H.R. 1835/S. 1408 which would extend through 2027 the 50 cent per gasoline gallon equivalent (gge) tax credit for natural gas (both CNG and LNG).

Please thank those members of Congress who are already cosponsors of the House or Senate legislation.

A draft letter is available for you to edit and send through the Legislative Action Center by clicking here.

APTA has written to House Ways and Means Chairman Charles Rangel and Senate Finance Committee Chairman Max Baucus to urge them to move legislation to extend these provisions. For copies of those letters, go to APTA's Government Affairs Letters page here.

Be sure to check to see if your Representative or Senators are already cosponsors of the House or Senate bills, and thank them if appropriate. Click here for the House cosponsors. Click here for the Senate cosponsors.

For additional information on this legislation, please contact Brian Tynan of APTA’s Government Affairs Department at (202) 496-4897 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

FTA Launches Emergency Preparedness Programs Website

The Federal Transit Administration (FTA) launched a new website designed to help you find resources you need to strengthen your safety, security and emergency preparedness programs! FTA Administrator Peter Rogoff announced the site at the recent APTA Annual Meeting.

If you haven’t seen the site, check it out at http://bussafety.fta.dot.gov

If you don’t have much time and would like a little assistance in getting started, take advantage of tools on the "First Steps" page.

We look forward to helping you get on the "Roadmap to Excellence!"

-FTA’s Program Team

APTA Requests Input on Public Transit Industry Survey

“Congressional leaders are exploring potential opportunities for further economic recovery legislation, perhaps focused on transportation. To be prepared for any potential action, we are requesting your assistance in providing us with some information on potential projects that might be implemented within a relatively short period of time (90 days), an update of information you likely provided to APTA in previous surveys. While no specifics have been proposed, we would like to be prepared to respond to inquiries regarding the public transportation industry’s ability to support future economic legislation. This information may also be useful as we continue to promote the passage of Authorization Legislation. If you do not have any specific projects, please note that the survey also includes a question on operating assistance needs.

If you have any questions regarding the survey, please contact Matthew Dickens at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Rob Padgette at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Click Here to Take the Survey

your response is requested by Wednesday, November 12.

Survey United We Ride Campaign

The Federal Interagency Coordinating Council on Access and Mobility (CCAM) launched an initiative called United We Ride (UWR) in 2004 to breakdown barriers to the local coordination of Federal transportation funding resources. Now CCAM, which includes 11 Federal departments, is assessing results and reaching out to stakeholders across the country to learn what additional steps are necessary to continue increasing access to affordable and reliable transportation services for people with disabilities, older adults, and people with limited incomes.

The results of your feedback during this Dialogue will be given to the members of the CCAM to assist them in future decisions related to policies, programs and updates to the CCAM Strategic Plan.

All individuals who register and provide email addresses will receive feedback on the results of this online Dialogue. Additionally, the results will be posted on the UWR Website at www.unitedweride.gov.

New Continuing Resolution Extends SAFETEA-LU Authorization and Fiscal Year 2010 Transportation Appropriations through December 18

On Friday, October 30, the U.S. Senate passed a Continuing Resolution (CR) to extend the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and provide appropriations for transit programs through December 18.  The President signed the bill into law on October 31, just prior to the expiration of the existing CR.  The legislation, which was enacted as part of the Fiscal Year (FY) 2010 Interior, Environment and Related Agencies Appropriations Bill (H.R. 2996), extends funding for transportation programs at FY 2009 levels.  This is the second CR that has been required to authorize short-term funding for the federal transportation program, as Congressional negotiators have not been able to enact a full six-year authorization bill, nor pass the FY 2010 Transportation and Housing and Urban Development (THUD) Appropriations Bill, H.R. 3288.  Attempts to enact a multi-month extension that gives states and transit systems funding in the current fiscal year and Congress the time it needs to craft a six-year bill have also fallen short.

Both the House and Senate have passed different versions of the FY 2010 THUD Appropriations Bill.  However, the legislation still has not been sent to a House-Senate conference committee.   It is likely that Congress will need to combine the remaining appropriations bills into a large omnibus package prior to the end of the calendar year.  Congressional leaders have indicated that they will try to complete the remaining appropriations bills prior to Thanksgiving.

For a detailed discussion of the contents of the House and Senate THUD Appropriations Bill, click here.

Prior to the passage of the CR, attempts to enact a six-month extension of SAFETEA-LU stalled.  Members of the Senate Committee on Environment and Public Works (EPW) appear more willing to reject  the Obama administration’s request for an 18-month extension of federal surface transportation law, and instead seek a $39.5 billion extension that would authorize transportation programs through April 30, 2010 at FY 2009 levels.   Attempts to bring the six-month extension legislation to the Senate floor under rules that would have allowed for expedited consideration were thwarted over objections by several Senate Republicans.  Senate leaders, however, have vowed to continue their efforts to enact a six-month extension, which would supersede the existing CR if it becomes law prior to December 18.  Even if the Senate is successful in enacting the legislation, it must gain approval in the House of Representatives which has passed its own three-month extension legislation (H.R. 3617).  Chairman James Oberstar (D-MN) of the House Committee on Transportation and Infrastructure has been adamant about keeping pressure on Congress to pass a long-term authorization and has not indicated whether he would support any extension legislation longer than three months.

In addition to the length of any short-term extension of authorizing law, there are other substantive disagreements between the House and Senate that would need to be reconciled.  The Senate six-month extension would have restored the $8.7 billion in highway contract authority to states that was rescinded just prior to the expiration of SAFETEA-LU. While the three-month extension passed by the House did not address this issue, it remains important for state transportation departments and for establishing a baseline for highway programs in the next authorization bill.  In addition, the Senate short-term extension proposed to take highway funds which were earmarked in FY 2009 and distribute those funds under highway formula programs.  The short-term House proposal proposed to allocate those funds to the U.S. Department of Transportation for distribution under a competitive grant program.

While it is not clear whether the House and Senate will agree on the six month extension of authorizing law, or on an 18-month extension there is growing pressure on Congressional leaders to enact an extension that provides infrastructure investment to create jobs and stimulate the economy.  Moreover, Congress can pass a six or seven month extension that does not require new funding for programs supported by the Highway Account of the Highway Trust Fund, while an 18-month extension of surface transportation authorizing law would require more funding than current fuel tax revenues to fund highway programs at even current levels.  While estimates for the Mass Transit Account of the Highway Trust Fund, plus existing general fund support indicate that transit programs could be funded at current levels for the 18 months, an additional transfer of revenue would be required to accommodate growth in the transit program over the 18-month period.

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