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May 16, 2008
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APTA > Government Affairs > APTA Testimony  

APTA Testimony before House Railroads Subcommittee on Railroad Infrastructure Policy

OF THE

HOUSE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE

April 25, 2001

SUBMITTED BY

American Public Transportation Association
1666 K Street, N.W.
Washington, DC 20006

(202) 496-4800

APTA is a nonprofit international association of over 1,370 public and private member organizations including transit systems and commuter rail operators; planning, design, construction and finance firms; product and service providers; academic institutions; transit associations and state departments of transportation. APTA members serve the public interest by providing safe, efficient and economical transit services and products. Over ninety percent of persons using public transportation in the United States and Canada are served by APTA members.

INTRODUCTION

The American Public Transportation Association (APTA) appreciates the opportunity to testify before the House Railroads Subcommittee on the subject of railroad infrastructure policy. Under the able leadership of Chairman Jack Quinn and Ranking Member Bob Clement, the reconstituted Subcommittee will provide railroads a forum to assist the Congress in crafting federal policies to enhance a critical piece of America’s overall transportation infrastructure. In so doing it will help address America’s mobility needs – passenger and freight.

About APTA

APTA’s 1,370 public and private member organizations serve the public and public interest by providing safe, efficient, and economical public transportation service, and by working to ensure that those services and products support national energy, environmental, community, and economic goals. APTA member organizations include transit systems and commuter railroads; design, construction and finance firms; product and service providers; academic institutions; and state associations and departments of transportation. More than ninety percent of the people who use public transportation in the U.S. are served by APTA member systems.

COMMUTER RAIL: A GROWING PART OF THE RAILROAD FAMILY

The past twenty years has been a period of significant change for the American railroad industry. While the Staggers Act of 1980 is rightfully credited with helping the once threatened railroad industry become profitable again, it has also led to significant consolidation and downsizing of America’s railroad network. Meanwhile, commuter railroads have blossomed in this period, and are a major success story in the railroad industry.

Let's start with ridership. Mr. Chairman, the latest numbers are in, and they prove that more and more people are choosing public transportation. Last year was a banner year for transit, with a greater number of transit trips taken (9.4 billion) than in any year since 1959. Thanks to Congress’ investment in the federal transit program through legislation such as the Transportation Equity Act for the 21st Century (TEA 21), thanks to improved customer service by public transportation providers, and thanks to a healthy economy, ridership on the nation’s public transportation systems has grown 21 percent over the past five years. This is four times faster than the U.S. population (4.8 percent), double the growth rate of highway usage (11 percent), and faster than the growth rate in domestic air travel (19 percent).

Last year, passengers took 411 million trips on our commuter railroads, and ridership was up 5.2 percent in the year 2000 – a year in which new operations were inaugurated in Seattle, Washington and Burlington, Vermont, and a major extension of the Dallas-Fort Worth Trinity Railway Express. Following are examples of commuter rail ridership increases for the year 2000: Philadelphia’s SEPTA regional commuter rail ridership was up 8.5%; Southern Florida’s Tri-Rail: 10%; San Jose’s Altamont Commuter Express: 66%; the Virginia Railway Express: nearly 20%; Trinity Railway Express: 39%; New York’s Metro North Commuter Railroad: nearly 5 %; the Metrolink system in Los Angeles: 11%; and the Bay Area Caltrain: 14%. Clearly, when people are given a choice, many will choose to ride quality rail transportation.

Significant growth is projected for the future. Currently there are almost 3,825 route miles of commuter rail service in operation in the U.S. An additional 134 miles are under construction and 300 miles are in design; with over 2,300 miles in planning and 1,100 additional miles under consideration for commuter rail projects. New commuter rail systems are in various stages of development in Nashville, Anchorage, Minneapolis, Salt Lake City, Kansas City, Houston, Charlotte, and Portland. Major expansions of current operations are underway in Chicago, Dallas – Ft. Worth, Seattle, and Miami and others are planned by almost every other system.

PARTNERSHIPS ARE KEY TO SUCCESS

How will commuter railroads be able to achieve the expected rate of growth? Certainly, it will require a partnership among communities, freight railroads, and, I believe, federal and state governments as well. APTA is interested in supporting a broader agenda to foster the growth of railroads.

Historically, America’s rail corridors have been used for both freight and passenger purposes. At one time, both passenger and freight services were operated by the private sector under laws governing public utilities. As passenger operations were abandoned by private railroads, services were often taken over and/or supported financially by public entities.

Currently, a number of publicly owned rail passenger agencies (among them NJ Transit, Long Island Railroad, Metro North, Trinity Railway Express, and the Utah Transit Authority) own the rights-of-way used for rail passenger service, and have negotiated agreements with freight carriers allowing the use of their track for freight movements. In many more instances, however, public transit agencies use rights-of-way owned by private railroads for the operation of their passenger services.

Therein lies the challenge – and the opportunity. We must come up with a better process for using freight corridors for passenger operations. Without access to these corridors, the cost of many new passenger rail projects will become prohibitive. Indeed, the 2,300 miles of commuter railroads in planning and the 1,100 miles under consideration may not be built unless we find an easier way for the freight railroads and passenger railroads to work together on rail access. While many access agreements have successfully been negotiated, freight railroads can, and do, unilaterally deny access to passenger rail agencies or hold out for financial conditions that are beyond any fair or reasonable standard of the passenger authority to pay. In such situations, there is no process for the public interest to be taken into consideration, and local officials have no recourse or ability to appeal the unilateral decision of a freight railroad. We are supportive of legislation directed at this problem, and I look forward to continuing discussions with the Subcommittee and with freight railroads.

THERE IS A NEED TO GROW THE NATION’S RAILS

A Looming Crisis in Transportation System Capacity

America’s transportation system is showing signs of severe stress. Demand for transportation services is increasing, and it is critical that we develop a strategy for new investments in the nation’s physical infrastructure. In many places, severe congestion in our roadways and railways, severe overcrowding of public transportation vehicles, and gridlock in our airports are beginning to take on crisis proportions. The capacity of the nation’s transportation system is an issue affecting all modes. Adding to the capacity of our railroads, airports, roadways, port facilities and public transportation infrastructure will be critical to our ability to sustain strong economic growth in future years.

Testifying in this room on April 4, 2001, Transportation Secretary Norman Mineta spoke of the congestion in the various components of America’s transportation system, and made specific mention of the growing role of commuter railroads. The hearing called attention to U.S. DOT’s Condition and Performance Report, and its $17 billion capital funding needs figure for public transportation (a formidable figure, but one that underestimates the scope of transit’s future growth). Federal support for public transportation is provided largely through the Mass Transit Account of the Highway Trust Fund. A key to the continued growth and success of commuter railroads and other public transportation modes is the Highway Trust Fund and keeping it true to the need for greater investment in highway and transit infrastructure.

Railroad Legislation and the 107th Congress

In today’s hearing, the Subcommittee has focused attention on the policy issues that confront railroads as they seek to position themselves for an expanded role in our transportation future. A number of specific programs already have been put before the Subcommittee.

APTA is supportive of efforts such as the High Speed Rail Investment Act of 2001 (S. 250) because rail infrastructure needs improvement. In supporting such efforts, APTA affirms its longstanding policy that the Mass Transit Account of the Highway Trust Fund be used exclusively for public transportation needs and not be expanded to cover other uses, including intercity rail.

Mr. Chairman, you and Ranking Member Bob Clement and Subcommittee member Spencer Bachus are the chief sponsors of H.R. 1020, which would provide funding for shortline railroads to improve track and related structures to a level that can accommodate the safe and efficient movement of the new, heavier 286,000-pound rail cars being adopted as an industry standard by the large railroads. While this bill probably will have limited direct benefit to APTA’s membership, I commend the Subcommittee for its consideration of innovative ways to help railroads grow.

I also note that the $3.5 billion Railroad Rehabilitation and Improvement Financing program (RRIF) is a potential source of important capital funding for both freight and passenger rail projects. No loans have been released under this program since it was reconstituted in TEA 21, and APTA urges that any remaining administrative obstacles be cleared in order to put this innovative program to use.

I also want to highlight the importance of research and technology to the future of railroads. For example, the continued development of positive train control can facilitate the integration of commuter rail, freight rail, and high-speed intercity rail on common trackage by lowering cost and improving performance. This can help maximize the productivity of existing infrastructure.

Finally, at some point the Subcommittee will review the rail safety programs administered by the Federal Railroad Administration and take up the reauthorization of the Railroad Safety Act. APTA’s position calls for reauthorization of the Rail Safety Act without additional statutory requirements. Additional statutory and regulatory requirements for railroad safety could divert focus and limited resources away from pro-active safety activities and infrastructure investments.

To enhance safety, we also urge additional funding for elimination of grade crossings and installation of protective devices. Finally, nothing should be done to weaken the important new partnerships among FRA, rail management and rail labor that have developed over the past years. Through the FRA’s Rail Safety Advisory Committee and our own Passenger Rail Equipment Safety Standards program, rail labor and management are partnering with FRA to enhance rail safety – to make permanent our record of the seven safest years in railroad history.

RAILROADS AND OUR TRANSPORTATION FUTURE

In the railroad family, as well as the transportation community at large, all modes benefit as each mode is improved. Whenever this happens, the public is the beneficiary. APTA will be supportive of an agenda that benefits all segments of the transportation industry.

For commuter rail, we want to build on the success of TEA 21. There are clear indications that the public wants rail passenger transportation, and will choose to use public transportation when provided the availability of quality service. All around the country, people are voting with their feet and flocking to rail.

We also want a process that can assure better cooperation in the use of shared corridors. In the end, this will also be of benefit to freight railroads as well as passenger agencies by bringing in additional resources and public support. On a more practical level, the 200 new passenger rail projects authorized by Congress in TEA 21 will not happen without a workable process.

APTA appreciates the opportunity to testify, and looks forward to working with the Subcommittee to assure that our nation continues to be served with an efficient and effective freight and passenger rail network.

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