June 13, 2007
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The Honorable James L. Oberstar
Chairman
House Committee on Transportation & Infrastructure
2165 Rayburn House Office Building
Washington, DC 20515
Dear Chairman Oberstar:
On behalf of the 1,500 member organizations of the American Public Transportation Association (APTA), I write to express our strong support for Section 203 of the proposed “Transportation Energy Security and Climate Change Mitigation Act of 2007.” APTA has long urged Congress to establish a federal process to help resolve rail access issues involving the use of freight railroad rights-of-way by public transit operators.
Ridership on public transit rail facilities has grown 41 percent since 1995. In 2006, Americans took more than 3.7 billion trips on rail transit and commuter systems. Local passenger rail service in the United States is owned and operated by state and local governments, using their own track and facilities and those of private freight rail companies. To utilize private freight rail facilities, public transit rail operators must negotiate contracts which establish operating conditions and terms of payment under which they utilize those facilities. In recent years, new passenger rail service has been initiated in many communities, but negotiations for service in many other communities has been stymied by the intransigence of freight railroads. Unlike all other private property owners in America, property owned by freight railroads cannot be used for public purposes, even when just compensation is paid, unless the railroads give their consent. For these reasons, a fair process is needed to balance public interests with private property rights.
The process set forth in Section 203 is fair to both public transit operators and freight railroads, while ensuring that the public interest is considered in communities that seek to provide commuter and rail transit service as an efficient transportation alternative. The bill requires the Surface Transportation Board (STB) to consider a variety of factors in any adjudication so that freight rail needs related to capacity, compensation, and operating conditions are not adversely affected. It requires public rail operators to demonstrate that there are no other alternatives to meeting their needs at reasonable costs and non-binding mediation before the formal STB adjudication process may be initiated in order to prevent the process from being used unnecessarily.
We urge the Congress to support these provisions, which will help public transportation agencies across the country to provide service that the public supports. Commuter and rail transit service will reduce traffic congestion, dependence on imported oil, and air pollution, while improving the quality of life for Americans in communities throughout the land.
We appreciate your consideration of our views on this important issue. If you have questions, please contact Rob Healy of APTA’s Government Affairs Department at (202) 496-4811 or email rhealy@apta.com.
Sincerely,
William W. Millar
President
WWM/tjj
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