An Overview of the FAST Act

March 13, 2016
At the APTA Legislative Conference, APTA and FTA staff provided insight on the FAST Act.

Fixing America’s Surface Transportation (FAST) Act authorizes $6.1 billion over 5 years for Federal Transit Administration programs.

  • 7/30/15: Senate passes the DRIVE Act
  • 11/5/2015: House passes the STRR Act
  • 12/1/2015: House-Senate Conference Committee reports out the FAST Act
  • 12/4/2015: President Obama signs the FAST Act
  • 9/30/2020: FAST Act expires

Bus and Bus Facilities (5339)

The Bus and Bus Facilities program received an increase in funding of $268M over FY15 levels to a total of $696M for FY16. The FAST Act re-establisehd a Bus Discretionary Program (5339(b)) that allows states to apply for project-specific funding via a competitive process. $268M will be available in FY16. $55M of that amount has been designated for Low- or No-Emission Bus Deployment projects.
There is also a new pilot program for Cost-Effective Capital Investment, which encourages states to share bus funding resources among a partnership of recipients.

FY16: $696M
FY17: $720M
FY18: $748M
FY19: $777M
FY20: $809M

State of Good Repair (5337)

The FAST Act increased annual funding for the program from $2.1B to $2.5B. There were not many changes to this program but it did clarify that High Intensity Motorbus funds are to be used only for vehicle state of good repair costs and not for roadways.

FY16: $2.5B
FY17: $2.5B
FY18: $2.6B
FY19: $2.6B
FY20: $2.7B

Metropolitan and Statewide Planning Program (5303/5304/4305)

The FAST Act adds resiliency and intercity bus into planning considerations. It also clarifies the role of transit agency representatives on MPO boards.

FY16: $130.7M
FY17: $133.4M
FY18: $136.2M
FY19: $139M
FY20: $142M

Urbanized Area Formula Program (5307 and 5336)

The ‘100 bus rule’ is modified to include non-ADA general population demand response transit service. It allows for 20 percent of the allocation to be used for operations of ADA paratransit under certain conditions. It eliminates the requirement to spend 1 percent of the 5307 funds on Associated Transit Improvements. It allows use of up to 0.5 percent of 5307 funds to be used for Workforce Development.
FY16: $4.53B

FY17: $4.62B
FY18: $4.72B
FY19: $4.82B
FY20: $4.92B

Fixed Guideway Capital Investment Grants (5309)

For New Starts it establishes a maximum 60 percent 5309 share, with up to 80 percent federal share to be made up from other federal sources) and no longer allows FTA to remove art and landscaping from the cost-effectiveness calculation.

For Small Starts it raises the total project cost threshold to $300M and raises the maximum 5309 share to $100M. It allows an optional early rating after NEPA and changes definition for corridor-based BRTs to eliminate weekend service requirement.

FY16: $2.3B
FY17: $2.3B
FY18: $2.3B
FY19: $2.3B
FY20: $2.3B

Enhanced Mobility of Seniors & Individuals with Disabilities (5310)

Over five years, Section 5310 grows by 10.56 percent compared to FY15 levels. It allows states or localities that provide transit service and are eligible to receive 5307 or 5311 formula funds, to be direct recipients under this section. It requires the FTA to develop a best practices guide for 5310 service providers.

It also introduces the pilot program STor Innovative Coordinated Access & Mobility.

FY16: $263M
FY17: $268M
FY18: $274M
FY19: $280M
FY20: $286M

Access & Mobility (3006)

A new pilot program will provide funding to improve the coordination of transportation services that link with non-emergency medical care. Funding is at $2M in FY16 and increases incrementally each year. Eligible recipients are existing partnerships with specific goals for improving coordinated transportation efforts in a given locality.

FY16: $2M
FY17: $3M
FY18: $3.25M
FY19&20: $3.5M

Formula Grants for Rural Areas (5311)

The FAST Act increases the tribal formula authorization to $30M per year and maintains the $5M discretionary tribal program. It allows advertisement and concessions revenue as a local match and clarifies what costs are to be counted as local match with respect to intercity bus feeder service.

FY16: $620M authorized from the Trust Fund

Technical Assistance and Workforce Development (5314)

The FAST Act consolidates the former 5314 and 5322 into a single section for both eligibiltieies and maintains the National Transit Institute. Workforce Development remains a competitive program, with outreach to additional populations and a focus on national training standards.

The funding is $9M per year from the Trust Fund, of which $5M is for NTI, and an additional $5M per year authorized from the General Fund.

Research (5312)

The FAST Act renamed the research program at FTA, the Public Transportation Innovation Program, and it will fund demonstration, deployment and evaluation research projects. It includes a new Low- and No-Emission Vehicle component testing program funded at $3M a year.

Research is now funded from both the Trust and General Funds. The TCRP has moved into this section and is funded at $5M per year from the Trust Fund.

Public Transportation Safety Program (5329)

The establishment of miminum safety standards are required as part of the National Safety Plan to ensure safe transit operations. It permits the FTA to temporarily take over for an inadequate or incapable State Oversight Agency and permits use of that agency’s SSO grant funds during the corrective time frame. It also grants the FTA permission to issue restrictions or prohibitions on operations at unsafe transit agencies.

The FTA will be required to conduct a review of the safety standards and protocols used in public transportation systems to examine the efficacy of existing standards and protocols and requires a final report on those findings, including a comprehensive set of recommendations and further actions.

The program is funded at $3M per year.

State of Good Repair (5337)

The FAST Act modifies the eligibility in the high intensity motorbus tier to cover only vehicle state of good repair costs. It Codifies the federal/local match share at 80/20 and specifies eligible local match funding.

FY16: $2.5B
FY17: $2.5B
FY18: $2.6B
FY19: $2.6B
FY20: $2.7Bd.

Procurement (3019)

The FAST Act offers more purchasing options. Multiple states and providers may purchase capital assets through cooperative interstate procurements. There is also a pilot program to allow nonprofit organization to enter into cooperative procurement contracts. Under the new procurement procedures, transit agencies can lease equipment or facilities, such as low- or no-emission components. The FAST Act established a Joint Procurement Clearinghouse to allow grantees to co-purchase rolling stock within a system that helps them identify procurement partners.

Buy America

The FAST Act increases domestetic percentage content requirements for Buy America through incremental increases.

FY16/17: 60 percent
FY18/19: 65 percent
FY20 and beyond: 70 percent

It permits a transit body shell composed of domestically produced steel and/or iron to be counted toward the domestic content percentage.

For denied waivers, the FTA will be required to certify availability and quality of domestically produced items for which the waiver was denied. The FTA is working on policy guidance and wants to get that out as quickly as possible.

Consolidated Rail Infrastructure and Safety Improvements (11102)

$1.1B for projects that enhance safety, efficiency and reliability of passenger and freight rail transportation systems. This section eligibility includes the deployment of rail safety technology, such as positive train control, and other rail-related research, improvement projects, and corridor service development planning.

Federal-State Partnership for State of Good Repair (11103)

$997M was authorized for grants for capital projects to replace or rehabilitate qualified rail assets to eventually reduce the current state of good repair backlog.

Restoration and Enhancement Grants (11104)

There is $20M per year for operating assistance to initiate, restore or enhance intercity passenger rail service.

Passenger Rail Liability Cap

The FAST Act increases the liability cap to $295M for Amtrak and commuter rail operators. This applies retroactively, applicable to the derailment near Philadelphia in May 2015. It doesn’t specify whether it over-rides state caps and some state caps are well below this.

Positive Train Control

PTC implementation has been extended to 2018 and there is a one-time authorization from the Mass Transit account for $199M in FY17 to assist in financing installation. A grant may not exceed 80 percent of total project costs.

If you’re looking for more, the full 490 pages of the bill are available at: https://www.gpo.gov/fdsys/pkg/BILLS-114hr22enr/pdf/BILLS-114hr22enr.pdf.

Also available, the FTA’s fact sheets on the FAST Act: http://www.fta.dot.gov/FAST_16653.html