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The Fixing America's Surface Transportation (FAST) Act: Law Explained

Written by Santiago Poli on Jan 14, 2024

Most transportation legislation is complex and difficult to summarize. However, understanding the key provisions of major transportation laws like the FAST Act is important.

In this post, I will clearly explain the Fixing America's Surface Transportation (FAST) Act, including its goals, key provisions, implementation, and impact.

You will learn the purpose and major components of the law, how it has been put into action through new programs and funding, and its legacy going forward. With a concise overview of this pivotal piece of legislation, you'll be well-equipped to evaluate infrastructure policy discussions.

Introduction to the Fixing America's Surface Transportation (FAST) Act

The Fixing America's Surface Transportation (FAST) Act is a major piece of federal legislation that was signed into law in 2015. The FAST Act provides long-term funding certainty for surface transportation, meaning roads, bridges, transit systems, and rail networks. It authorized $305 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs.

The FAST Act builds on changes made by previous transportation bills, including the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21). The FAST Act aims to improve road conditions, strengthen public transportation systems, enhance intermodal connectivity, and support research and development activities.

Some of the key goals and objectives of the FAST Act include:

  • Streamlining the approval processes for new transportation projects to reduce delays
  • Establishing and funding new freight programs to improve efficient goods movement
  • Providing funding for transportation alternatives like walking and bicycling infrastructure
  • Supporting research and adoption of innovative technologies for transportation systems
  • Enhancing intermodal connectivity between different transportation modes
  • Maintaining transportation infrastructure in a state of good repair

The FAST Act continues many of the highway, transit, bike, and pedestrian programs previously funded under MAP-21. While the FAST Act was originally set to expire in 2020, it has received several short-term extensions by Congress. The current extension runs through September 30, 2022.

What is the Fixing America's transportation Act?

The Fixing America's Surface Transportation (FAST) Act was signed into law by President Obama on December 4, 2015. It provides long-term funding certainty for surface transportation infrastructure planning and investment.

Some key things to know about the FAST Act:

  • It authorizes $305 billion for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs over fiscal years 2016 through 2020.

  • It maintains focus on safety, keeps intact the established structure of the various highway-related programs, continues efforts to streamline project delivery and, for the first time, provides a dedicated source of federal dollars for freight projects.

  • It contains provisions aimed at improving freight movement in the United States, accelerating project delivery, and increasing the transparency and accountability of the Federal Highway Administration.

Some of the major goals and initiatives of the FAST Act include:

  • Streamlining the approval processes for new transportation projects by setting hard deadlines for federal agencies. This aims to reduce delays.

  • Emphasizing technology and innovation through dedicated funding for researching and deploying new technologies to improve safety and efficiency.

  • Strengthening rural transportation infrastructure with a new $100 million per year program to improve rural road safety.

  • Supporting freight infrastructure with new funding and loan programs dedicated to improving freight infrastructure like highways, railroads, and ports.

So in summary, the FAST Act provides long-term funding certainty for surface transportation with a focus on safety, efficiency, and innovation. Its goal is to strengthen and modernize American infrastructure through strategic investment over the next 5 years.

What is the surface transportation law?

The Fixing America's Surface Transportation (FAST) Act is a major federal law that authorizes funding for surface transportation infrastructure in the United States. It was enacted in December 2015 to provide long-term funding certainty for surface transportation, meaning roads, bridges, transit systems, and rail transportation.

Specifically, the FAST Act authorized $305 billion in funding over fiscal years 2016-2020 for these key areas:

  • Highways and highway safety
  • Public transportation
  • Motor carrier safety
  • Hazardous materials safety
  • Rail transportation
  • Research, technology, and statistics programs

The FAST Act built on previous federal transportation legislation, including MAP-21, by creating a streamlined and performance-based surface transportation program. It aims to improve infrastructure, safety, and efficiency in the nation's vital transportation systems.

Some key elements of the FAST Act include:

  • Providing long-term funding certainty for surface transportation
  • Streamlining project approval processes to reduce delays
  • Expanding funding and eligibility for freight projects
  • Creating new grant programs for nationally significant freight and highway projects
  • Establishing new safety tools and performance measures
  • Eliminating dozens of outdated programs and consolidating duplicative ones

So in summary, the FAST Act is the primary federal law governing and funding surface transportation infrastructure in the United States over a five year period. It addresses critical needs and issues facing the country's roads, bridges, transit, rail, safety, and freight systems.

What did the transportation Act do?

The Fixing America's Surface Transportation (FAST) Act, passed in 2015, was a major transportation infrastructure funding law aimed at improving roads, bridges, transit systems, railroads, ports, and other elements of the U.S. transportation system.

Some key aspects of what the FAST Act did include:

  • Provided over $305 billion in funding over fiscal years 2016-2020 for transportation infrastructure, including highways, transit, safety programs, and rail. This helped state and local governments invest in upgrading aging infrastructure.

  • Established and funded new freight and goods movement programs to strengthen economic competitiveness. This included both formula and discretionary grant programs to improve freight infrastructure like highways, railroads, and ports.

  • Expanded funding and eligibility for the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, which provides credit assistance for surface transportation projects of regional and national significance. This made financing large-scale projects easier.

  • Introduced new competitive grant programs for critical transportation projects like fixing bridges, improving road safety, and deploying advanced transportation technologies to improve research and data analysis.

  • Streamlined the environmental review and permitting process to accelerate project approvals and delivery. This helped modernize evaluation methods and improve efficiency.

In summary, the FAST Act provided a boost in much-needed transportation infrastructure funding and introduced policies to improve freight networks, financing options, project delivery, safety, and innovation. This aimed to strengthen America's surface transportation system as a foundation for economic growth.

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What did the Surface Transportation Assistance Act of 1982 do?

The Surface Transportation Assistance Act (STAA) of 1982 was a key piece of legislation that helped fund critical upgrades to America's roads, bridges, and highways in the early 1980s. Here are some of the major things the law accomplished:

  • Raised the federal gas tax by 5 cents per gallon - the first increase in over 20 years - to generate additional funding for surface transportation projects. This tax revenue went into the Highway Trust Fund.

  • Allocated $83 billion over 5 years to numerous major highway, transit, and safety programs. Key areas of investment included the Interstate Highway System, repairing deficient bridges, upgrading highways, and improving public transportation.

  • Allowed larger and heavier trucks to use highways built with federal aid, increasing truck size limits. This helped improve freight efficiency but also placed more wear and tear on roads. Provisions were added to charge these vehicles higher user fees.

  • Expanded funding and eligibility for federal-aid highway assistance to most public roads, not only the Interstate System. This increased flexibility for states and localities to fund their priority projects.

  • Created a new program providing block grants to urban areas with populations over 200,000 to invest in public transit capital improvements. This helped expand and upgrade aging transit infrastructure in cities.

So in summary, the STAA of 1982 provided a crucial infusion of funding for surface transportation infrastructure, while also modernizing size regulations for large trucks to promote freight efficiency on the nation's highways. The act laid the foundation for critical transportation investments in the 1980s.

Key Provisions of the FAST Act

Delving into the specific measures and programs established by the FAST Act, this section will dissect the law's main components and their intended outcomes.

Significant Freight Provisions and the Federal Freight Policy

The FAST Act includes provisions aimed at improving freight movement and supply chain efficiency. It establishes a national freight policy and requires the development of a National Freight Strategic Plan. The law also creates a discretionary freight grant program and provides funding for freight projects under the Nationally Significant Freight and Highway Projects program.

Key freight provisions in the FAST Act:

  • Establishes National Multimodal Freight Policy and National Freight Strategic Plan
  • Creates discretionary grant program for freight projects (FASTLANE grants)
  • Provides dedicated funding for freight projects under Nationally Significant Freight and Highway Projects program
  • Expands ability to form multistate organizations to facilitate freight planning
  • Requires state freight plans for National Highway Freight Program formula funds
  • Improves efficiencies in review process for freight projects

The freight provisions reflect the FAST Act's focus on enhancing freight infrastructure and supply chains to support economic growth. The law takes a multimodal approach, recognizing the importance of coordination across rail, ports, and highways.

Project Delivery Acceleration: A Closer Look

The FAST Act incorporates process reforms and innovative approaches aimed at speeding up project delivery. These include:

  • Expanding use of categorical exclusions to expedite environmental review
  • Allowing for early right-of-way acquisition and creation of online databases to track project schedules
  • Streamlining permitting and environmental processes
  • Encouraging use of innovative practices like 3D modeling and modular bridge construction

The law also allows for a limited number of projects to utilize more flexible review and approval procedures on an experimental basis. Together, these measures are designed to cut red tape and accelerate project delivery timelines. Quicker completion of critical upgrades will help states address urgent infrastructure needs.

Funding Framework and the Highway Trust Fund

The FAST Act authorizes $305 billion in funding over fiscal years 2016-2020 for surface transportation programs. Funding comes from the Highway Trust Fund, which relies on fuel taxes. With large shortfalls projected for the Highway Trust Fund, the FAST Act includes a $70 billion transfer of general funds into the Highway Trust Fund to maintain solvency.

Key elements of the FAST Act's funding framework:

  • Provides $305B in guaranteed funding over 5 years
  • Relies primarily on fuel taxes flowing into the Highway Trust Fund
  • Includes one-time $70B transfer from general fund to address Highway Trust Fund shortfall
  • Maintains funding split of 80% for highways and 20% for transit
  • Distributes funds to states through existing formulas

While the FAST Act provides funding certainty in the near term, there are concerns over the longer-term viability of the Highway Trust Fund. Further action may be needed to ensure adequate resources going forward.

Innovative Finance Bureau and TIFIA Program

The FAST Act expands the innovative financing tools available to facilitate greater private investment in transportation projects. It enhances the Transportation Infrastructure Finance and Innovation Act (TIFIA) program by increasing available federal credit assistance. TIFIA provides loans and loan guarantees to projects of regional and national significance.

The law also establishes a new National Surface Transportation and Innovative Finance Bureau within USDOT. The Bureau administers the TIFIA program and provides expertise on project finance.

Key innovative finance provisions:

  • Expands funding and eligibility for TIFIA credit assistance
  • Creates National Surface Transportation and Innovative Finance Bureau
  • Aims to attract greater private investment in transportation
  • Provides expertise to facilitate use of federal credit programs

Innovative finance strategies will play an important role in encouraging private sector collaboration on transportation projects. This can help multiply the impact of federal funding.

FAST Act Implementation: Awards and Outcomes

The Fixing America's Surface Transportation (FAST) Act was signed into law in 2015 to provide long-term funding certainty for surface transportation. As of 2022, the FAST Act has provided over $305 billion in Federal funding for highways, highway safety, public transportation, motor carrier safety, hazardous materials safety, rail, research, technology, and statistics programs.

Breakdown of FAST Act Project Awards

The FAST Act has funded various critical transportation projects across the country. Some examples include:

  • California - $1.4 billion for highway, transit, and rail projects to reduce congestion and improve mobility. This includes expansion of public transit in major cities.

  • Texas - $3.4 billion to reconstruct and widen major interstates and highways to reduce bottlenecks. This enhances freight movement and interstate commerce.

  • New York - $1.3 billion to rehabilitate aging bridges and tunnels. This improves safety and reliability of key transportation links.

  • Florida - $2 billion investment into expanding public transportation options, including new light rail and bus rapid transit systems.

Overall, the FAST Act has provided essential funding to rebuild America's roads, bridges, and transit systems - creating jobs and supporting economic growth.

ATCMTD Grant Program and Notice of Funding Opportunity

The Advanced Transportation and Congestion Management Technologies Deployment (ATCMTD) grant program provides funding for innovative transportation technologies to improve safety, efficiency, system performance, and infrastructure return on investment.

Over $160 million in ATCMTD grants have been awarded since 2016 for projects focused on traffic monitoring, congestion reduction, smart cities, electric vehicles, and more. Grant recipients include state DOTs, cities, counties, MPOs, transit agencies, and universities.

The latest Notice of Funding Opportunity opened up $100 million in FY 2022 ATCMTD grants. Applications closed in April 2022 and awards announcements are expected by September 30, 2022.

Ladders of Opportunity: Enhancing Accessibility

The FAST Act's "Ladders of Opportunity" initiative aims to improve transportation accessibility and connectivity to essential services, including:

  • Expanding public transit routes to connect disadvantaged communities to jobs and services
  • Making sidewalk, bicycle, and road improvements in underserved neighborhoods
  • Upgrading transit stations for increased accessibility and rider experience
  • Implementing coordinated human services transportation planning to better meet needs

So far, over $500 million in FAST Act funds have gone toward Ladders of Opportunity projects nationwide - helping revitalize communities, encourage development, and promote social equity.

Assessing the Safety Impact of the FAST Act

The FAST Act authorized over $15 billion in funding for critical transportation safety programs and initiatives. Key achievements include:

  • Over $7 billion invested in Railway-Highway Crossings Program, eliminating thousands of at-grade crossings.
  • $2.5 billion for Highway Safety Improvement Program, helping states implement data-driven solutions.
  • Safety campaigns helped reduce drunk driving fatalities by over 30% since 2015.
  • Pedestrian and bicyclist fatalities dropped 10% in 2020, partly due to FAST Act safety measures.

While more work remains, the FAST Act has tangibly improved transportation safety - saving lives through infrastructure upgrades, enforcement campaigns, and innovative technologies.

The Future of the FAST Act into 2023 and Beyond

Looking ahead, this section contemplates the direction and longevity of the FAST Act, considering recent developments and future prospects for U.S. surface transportation policy.

Prospects for FAST Act Reauthorization

The FAST Act is set to expire on September 30, 2023. As that deadline approaches, Congress will need to decide whether to reauthorize the Act and what changes may need to be made. Key considerations in reauthorization debates will likely include:

  • Funding levels - With the Highway Trust Fund facing insolvency, lawmakers will need to agree on revenue sources to maintain and potentially increase investment.
  • Infrastructure priorities - There may be discussions around rebalancing highway, transit, safety, and other infrastructure funding.
  • Climate and resilience goals - With recent natural disasters and extreme weather events, there may be a push to further incorporate climate resilience and environmental sustainability into surface transportation policy.

Based on historical precedent, it is reasonable to expect continued short-term extensions even if a long-term reauthorization remains elusive by the deadline.

Infrastructural Investment and the Infrastructure Investment and Jobs Act

The bipartisan Infrastructure Investment and Jobs Act (IIJA), passed in 2021, provides an additional $550 billion in new infrastructure spending over 5 years. While separate from the FAST Act, the IIJA increases funding for roads, bridges, rail, transit, airports, ports, broadband, water infrastructure, and electric vehicle charging infrastructure.

The IIJA and the FAST Act will work in tandem to shape infrastructure investment through 2026. The IIJA provides supplemental funding, while the FAST Act outlines the competitive grants programs and rules that govern spending.

Evolving Federal Highway Administration Policies

In response to the FAST Act and IIJA, the Federal Highway Administration (FHWA) is adapting its policies around project approval and oversight, funding opportunities, and program implementation.

For example, the FHWA is streamlining processes to accelerate project delivery, updating guidance on FAST Act grants, and supporting state departments of transportation in effectively utilizing the increased funding.

The Department's FAST Act Website as a Resource

The Department of Transportation's website dedicated to the FAST Act (www.fhwa.dot.gov/fastact/) provides ongoing updates on guidance, funding notices, program implementation, frequently asked questions, and more.

As the future of the FAST Act takes shape, this will remain an authoritative resource for information on the legislation's real-world impacts and evolution over time.

Conclusion: Reflecting on the FAST Act's Legacy and Future

The Fixing America's Surface Transportation (FAST) Act has had a significant impact on surface transportation policy since its enactment in 2015. As the law reaches maturity in 2023, it is important to reflect on its legacy and look ahead to future transportation legislation.

FAST Act 2023: A Retrospective and Forward-Looking Analysis

The FAST Act has provided long-term funding certainty for surface transportation, making over $305 billion available through 2020. Key achievements include streamlining the permitting process for infrastructure projects, providing financing tools for freight projects, and expanding funding for transportation alternatives.

However, the Highway Trust Fund is projected to run short of funds in 2023 when the FAST Act expires. Future legislation must find solutions to ensure long-term solvency of the Trust Fund. Emerging technologies like self-driving cars and transportation network companies are also changing the landscape. Policies will need to evolve to prepare for and harness these innovations.

As we reflect on the FAST Act's successes, policymakers must also craft forward-looking legislation that lays the groundwork for the next generation of surface transportation.

Legislative Evolution: From the FAST Act to Next-Generation Policies

The FAST Act built upon previous legislation like MAP-21 and SAFETEA-LU. Future legislation should incorporate lessons learned from the FAST Act while setting longer-term visions to guide transportation policy.

Key priorities for the next generation of legislation include expanding infrastructure funding sources, planning for disruptive technologies, improving resiliency against extreme weather, and addressing equity concerns to expand ladders of opportunity. Policy evolution based on research and data analysis will be critical.

The Role of Research and Analysis in Shaping Future Legislation

Ongoing research by entities like the Transportation Research Board and data analysis from the Federal Reserve Bank will provide vital insights to inform future legislation.

Areas of focus should include forecasting infrastructure needs, piloting innovative project delivery approaches, studying the impacts of transformative technologies, and identifying new revenue mechanisms to sustain the Highway Trust Fund.

Continued investigation and information sharing will enable policymakers to craft evidence-based legislation that moves transportation policy into the future.

Reinforcing the Foundations: The Interstate Highway System and 23 U.S.C.: Highways

As we look ahead, the FAST Act's commitments to fortifying the Interstate Highway System and aligning with established highways legislation will provide a strong foundation for the future.

By strengthening these core elements of America's transportation backbone, the FAST Act legislation equips the system to meet evolving demands in the years ahead.

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