Reconnecting Virginia
restoring trust in virginia's transportation system with wise spending and effective land use solutions
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Recommendation Two


     
2. Fully Commit Available Federal Highway Program Funds to Local Areas

Summary of Recommendation:
The Commonwealth should ensure that federal program funds – specifically those funds directed to specific areas within the state (known as RSTP) as well as funds reserved to local areas in non-attainment of applicable federal air quality standards (known as CMAQ) – are expended at the same rate as other program funds to the state.

Specifically, VDOT’s allocation procedures and other practices in allocating federal program dollars result in smaller funding commitments to selected local areas in the Commonwealth, principally the largest metropolitan areas in the state (i.e. Northern Virginia, Richmond and Hampton Roads) than what federal law directs and/or anticipated.

This can be corrected in the new budget by directing VDOT to reduce any funding shortfalls by:

1) giving priority to RSTP and CMAQ project investments in these areas when allocating the state’s obligation limitation; and

2) reserving a share of available state funds to satisfy federal matching requirements (i.e. 20 percent non-federal share).

Background:
Continuing VDOT spending practices have resulted in the under commitment of federal highway program dollars to selected areas within the Commonwealth, specifically the larger metropolitan areas as well as some additional areas that are in non-compliance with ambient federal air quality standards (i.e. ozone and carbon monoxide).

Longstanding provisions of federal law – under ISTEA of 1991 and TEA-21 of 1998, and continued under SAFETEA-LU of 2005 – direct VDOT to reserve a relatively small share of its annual federal highway funding (i.e. about 6 cents of every federal dollar it receives) for expenditure by selected regions within the state.

Virginia continues to struggle in complying with this now 15-year old federal requirement that requires these STP dollars be reserved for the three largest metropolitan areas in the state – Hampton Roads, Northern VA and Richmond. As of September 30, 2004, VDOT owed these areas more than $120 million in obligations under what is called the RSTP program. (As of FY’03, federal law specifically directed that $89 million of this balance should have been obligated by Virginia by that date.)

Similarly, since 1991, federal law has reserved that a small portion of each year’s federal highway dollars be reserved to projects in local areas of the state with air quality problems, under a program known as the Congestion Mitigation and Air Quality Improvement program (CMAQ). These CMAQ dollars can only be expended within jurisdictions in non-compliance with federal air standards. In Virginia, these jurisdictions are largely found in the broad swath that runs from the Richmond area to Northern Virginia. Historically, VDOT has not made CMAQ funding a priority. As of April 30, 2005, Virginia had nearly $100 million in unspent CMAQ program balances.

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