Airport Alert: House Committee Considering Surface Transportation Bill
June 17, 2020
The House Transportation and Infrastructure Committee this morning began marking up a 5-year $500 billion surface transportation bill. The INVEST in America Act, focuses on highways, rails, transit and other surface transportation initiatives. However, the measure could ultimately serve as a legislative vehicle for a broader infrastructure package, including possible airport-related initiatives, as the bill moves through the legislative process.
House Democrats unveiled the highway authorization bill earlier this month. Republicans have argued that this is a partisan exercise for what should be a bipartisan bill. In his opening statement, Ranking Member Sam Graves (R-MO) accused his Democratic colleagues of taking a "my way or the highway" approach.
Lawmakers have filed more than 200 amendments to the bill. To complicate matters, the markup is being held in person and virtually so the process is expected to last several more hours and could carry over until tomorrow. Republican lawmakers have filed a handful of airport-related amendments, which are described below.
As we have previously indicated, House Democratic leaders intend to bring the bill to the House floor during week of June 29. We have been urging key lawmakers and Congressional staff to add provisions to the bill when it reaches the floor that would help airports build critical infrastructure projects and respond to the coronavirus crisis.
Airport-Related Amendments
Garrett Graves/Environmental Streamlining: Aviation Subcommittee Ranking Member Garret Graves (R-LA), filed an amendment that would streamline the environmental review process for safety, capacity and general aviation airport construction or improvement projects.
Garrett Graves/Categorical Exclusions: Graves filed another amendment that would add a number of projects to those categorically excluded from environmental review including: solar power or wind turbine systems; zero emission charging systems; fueling stations for alternative vehicles; small-scale renewable energy pilot projects; short pipeline segments; and small-scale ground source heat pumps.
Mast/AIP Funding: Rep. Brian Mast (R-FL) filed an amendment that would increase the AIP authorization level from $3.35 billion to $4 billion annually from FY21 through FY23.
Mast/Cybersecurity: Mast filed another amendment that calls for the FAA to create a taskforce to consider air traffic control system cybersecurity vulnerabilities. The proposed task force would include at least one airport representative. Air carriers, general aviation operators, labor, manufacturers and cybersecurity experts would also have a seat at the table.
Smucker/Innovative Financing: Rep. Lloyd Smucker (R-PA) filed an amendment that would allow DOT to approve applications at up to 30 airports to use innovative financing techniques to help lower costs and expedite airport infrastructure projects. The proposal would allow airports to use AIP apportionments for the payment of principal and interest on terminal development projects.
The amendment also proposes to expand Letters of Intent to small airports. But it does not call for raising AIP funding to pay for those LOIs.
Spano/Critical Habitat: Rep. Ross Spano (R-FL) filed an amendment that would require DOT to the maximum extent practicable to work with other federal agencies to ensure designations of critical habitat on or near airport property do not "result in conflicting statutory, regulatory or Federal grant assurance requirements for airports or airport operators."
Spano/Emergency Stabilization for Airports: Spano filed another amendment that includes a number of airport provisions:
AIP Apportionments: The bill would ensure airports receive higher apportionments despite the dramatic drop in enplanements this year. Specifically, the bill would require DOT to use enplanement numbers in CY18, CY19, or the previous calendar year to determine AIP apportionments in FY21 through FY23.
Cargo Entitlement: It would use CY19 landed weight for cargo in FY22 to determine the cargo entitlement instead of using the landed weight numbers in CY20.
Contract Towers: The amendment includes our request to temporarily suspend the benefit/cost (b/c) analysis for contact tower airports except those that have or plan to submit applications in FY20 and FY21. The FAA reauthorization bill, which Congress passed in 2018, included a welcome provision that eliminated b/c's for contract towers unless they have more than a 25 percent decrease in air traffic in a single year. Temporarily suspending the b/c analysis when passenger levels have declined so substantially would eliminate an unforeseen penalty.
Unclassified GA Airports: The amendment would allow newly unclassified GA airports to continue to receive AIP funds for a broader list of projects including primary runway pavement.
Given the high level of partisanship regarding the legislation generally, it's hard to handicap how the discussion on these amendments will go during committee consideration. We will, of course, keep you apprised of any and all developments.
The House Transportation and Infrastructure Committee this morning began marking up a 5-year $500 billion surface transportation bill. The INVEST in America Act, focuses on highways, rails, transit and other surface transportation initiatives. However, the measure could ultimately serve as a legislative vehicle for a broader infrastructure package, including possible airport-related initiatives, as the bill moves through the legislative process.
House Democrats unveiled the highway authorization bill earlier this month. Republicans have argued that this is a partisan exercise for what should be a bipartisan bill. In his opening statement, Ranking Member Sam Graves (R-MO) accused his Democratic colleagues of taking a "my way or the highway" approach.
Lawmakers have filed more than 200 amendments to the bill. To complicate matters, the markup is being held in person and virtually so the process is expected to last several more hours and could carry over until tomorrow. Republican lawmakers have filed a handful of airport-related amendments, which are described below.
As we have previously indicated, House Democratic leaders intend to bring the bill to the House floor during week of June 29. We have been urging key lawmakers and Congressional staff to add provisions to the bill when it reaches the floor that would help airports build critical infrastructure projects and respond to the coronavirus crisis.
Airport-Related Amendments
Garrett Graves/Environmental Streamlining: Aviation Subcommittee Ranking Member Garret Graves (R-LA), filed an amendment that would streamline the environmental review process for safety, capacity and general aviation airport construction or improvement projects.
Garrett Graves/Categorical Exclusions: Graves filed another amendment that would add a number of projects to those categorically excluded from environmental review including: solar power or wind turbine systems; zero emission charging systems; fueling stations for alternative vehicles; small-scale renewable energy pilot projects; short pipeline segments; and small-scale ground source heat pumps.
Mast/AIP Funding: Rep. Brian Mast (R-FL) filed an amendment that would increase the AIP authorization level from $3.35 billion to $4 billion annually from FY21 through FY23.
Mast/Cybersecurity: Mast filed another amendment that calls for the FAA to create a taskforce to consider air traffic control system cybersecurity vulnerabilities. The proposed task force would include at least one airport representative. Air carriers, general aviation operators, labor, manufacturers and cybersecurity experts would also have a seat at the table.
Smucker/Innovative Financing: Rep. Lloyd Smucker (R-PA) filed an amendment that would allow DOT to approve applications at up to 30 airports to use innovative financing techniques to help lower costs and expedite airport infrastructure projects. The proposal would allow airports to use AIP apportionments for the payment of principal and interest on terminal development projects.
The amendment also proposes to expand Letters of Intent to small airports. But it does not call for raising AIP funding to pay for those LOIs.
Spano/Critical Habitat: Rep. Ross Spano (R-FL) filed an amendment that would require DOT to the maximum extent practicable to work with other federal agencies to ensure designations of critical habitat on or near airport property do not "result in conflicting statutory, regulatory or Federal grant assurance requirements for airports or airport operators."
Spano/Emergency Stabilization for Airports: Spano filed another amendment that includes a number of airport provisions:
AIP Apportionments: The bill would ensure airports receive higher apportionments despite the dramatic drop in enplanements this year. Specifically, the bill would require DOT to use enplanement numbers in CY18, CY19, or the previous calendar year to determine AIP apportionments in FY21 through FY23.
Cargo Entitlement: It would use CY19 landed weight for cargo in FY22 to determine the cargo entitlement instead of using the landed weight numbers in CY20.
Contract Towers: The amendment includes our request to temporarily suspend the benefit/cost (b/c) analysis for contact tower airports except those that have or plan to submit applications in FY20 and FY21. The FAA reauthorization bill, which Congress passed in 2018, included a welcome provision that eliminated b/c's for contract towers unless they have more than a 25 percent decrease in air traffic in a single year. Temporarily suspending the b/c analysis when passenger levels have declined so substantially would eliminate an unforeseen penalty.
Unclassified GA Airports: The amendment would allow newly unclassified GA airports to continue to receive AIP funds for a broader list of projects including primary runway pavement.
Given the high level of partisanship regarding the legislation generally, it's hard to handicap how the discussion on these amendments will go during committee consideration. We will, of course, keep you apprised of any and all developments.
