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HomeMy WebLinkAboutweekly Notes- October 11th 2019_ r ; e ' CITY OF OAK PARK HEIGHTS—WEE N tober 11'x,2019 p*' TO: City Council Membe FROM: Eric Johnson,City i Zoning&Development Items: j 1. No new applications have been received; i 2. Staff did meet again with the BCWD regarding possible streamlining of their permitting process; the upshot being the cities would issue permits if rules are the same for both entities. One point of contention was/is RATE CONTROL — Their rules remain PRESETTLEMENT. They have begun to consider revisions to PRE-DEVELOPMENT— but even then...what does that mean? Karen Kill of the BCWD reports that the BCWD may be considering a full revision of RATE CONTROL rules to"current conditions". We will need to see what that might mean and/or how that would be permitted. I believe this r �i nwl is optimistic. Councilmember Johnson did attend their meeting on 10/91190 and could of course speak more about what happened. ? „ 3. The MET COUNCIL has supplied a letter dated Oct 7"h,2019—where they have accepted the City's Comp.PLAN as"complete"—see enclosed.Their review is continuing.Enclosed is a final copy of the letter sent by the City and Planning Commission commenting on their process. 4. The Fury Site at Osgood Ave,now has a number of cars stored on the site by Fury.In talking with Jim Leonard the owner) these vehicles are planning to be transferred to an AUTO AUCTION as they have run out of space at their other sites.Staff is reviewing the Ordinance if this storage is permissible—as it is NOT AUTO SALES, per se.On a related note, that site does need to be cleaned-up—grass and weed trimming and likely some painting next year.Mr.Leonard did not have any immediately pending plans for the property, but indicated that they are still investigating the site for a car dealership.That would require a CUP. 5. Staff did meet with the BFD to discuss a possible HOME BURINING training- 77 sometime in late November.This would be just off or Lookout Trail—Jen/Aaron Bye's old home. We will need final agreements and releases from the new owner as well as waivers of special assessment to ensure post-fire clean-up and site repairs. But a good opportunity.(MAP Shows Location 4) Other kerns: Public Works did complete the Water Tower Cleaning project—Please see the enclosed memo of this unseen project—but which is vital to the operations of potable water in the City. ' t Mayor McComber provided: 1. National League of Cities"the weekly"publication for 10/5/19&NLC Transportation Policies for 2019 2. Information on the Oakdale Prayer Breakfast-1117119 3. Conversations in the Valley for 11/13 4. NLC Federal Advocacy Newsletter for 11/8/19 5. Xcel Energy-Energy Solutions Expo-See: httPs:/www xcelenergy comixelProarams and rebateslbusiness Programs and rebates/energy solutions expo Please let me know if you have any questions-651-253-7837 Call Anytime. 1 of 54 October 7, 2019 Scott Richards, Consulting Planner City of Oak Park Heights 3601 Thurston Avenue North Anoka, MN 55303 RE: City of Oak Park Heights 2040 Comprehensive Plan—Complete for Review Metropolitan Council Review File No. 22079-1 Metropolitan Council District 12, Francisco J. Gonzalez Dear Mr. Richards. Thank you for sending additional information regarding the City of Oak Park Height's 2040 Comprehensive Plan (Plan), received on September 11, 2019. The Metropolitan Council originally received the City's 2040 Plan on March 6, 2019 and found it incomplete for review on March 27, 2019. Council staff received supplemental information on August 27, 2019, September 11, 2019, and October 2, 2019. Council staff now finds the Plan complete for review. In accordance with state law, the Council has 120 days, or by January 31,2020, to complete its formal review of the Plan. Review of the 2040 Plan is scheduled as follows: 1. Community Development Committee (CDC) on Monday, November 4, 2019 2. Environment Committee on Tuesday, November 12, 2019 3. Metropolitan Council on Wednesday, December 11, 2019 The Plan will be reviewed by the CDC,the Environment Committee, and then by the Metropolitan Council for final review as indicated above.A copy of the draft report will be forwarded to you for your information when the report is mailed out to the CDC. You and any other community representatives are invited to attend the CDC meeting in order to answer questions and help Council members understand the matter from the community's perspective. If you have any questions about this review, please contact Corrin Wendell, Sector Representative, at 651-602- 1832. Sincerely, 1�tw.4V4,- Angela R.Torres, AICP, Manager Local Planning Assistance CC: Francisco J. Gonzalez, Metropolitan Council District 12 Eric A. Johnson, City Administrator, City of Oak Park Heights Corrin Wendell,AICP, Sector Representative Raya Esmaeili, AICP, Reviews Coordinator N.ACommDevV-PA1CommuniWs10ek Parte HeightsiLetterskOak Parte Heights 2019 2040 CPU 22079-1-Complete.dom .D Roberl Street North Saint Paul. MN 55101-1805 P.6ocowncil.org METROPOLITAN 2 of 54 C O U N C I L 1 City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082 a Phone(651)439-4439•Fax(651)439-0574 September 2P,2019 Nora Slawik, Chair METROPOLITAN COUNCIL 3 90 Roberts Street N. St.Paul,MN 55101 Meredith Vadis,Regional Administrator METROPOLITAN COUNCIL 390 Roberts Street N. St.Paul,MN 55101 Re: Comprehensive Plan for the City of Oak Park Heights Dear Chair Slawik: For more than a year our City's staff, consuDtants to the City, the City Council and the Planning Commission have been working on the Comprehensive Plan (Plan)as generally mandated by the state and overseen by Metropolitan Council (MET COUNCIL). To date the Plan for our City of fewer than 5,000 has cost the taxpayers more than $150,000 and is more than 150 pages long,yet it has NOT yet been accepted(as of the date of this being written)by the MET COUNCIL.Despite this condition, what follows are some suggestions for addressing the frustrations that we on the Planning Commission and City Council have experienced during the process. First, we all understand that every city, regardless of size, should have a robust planning process to assure that the community continues to be a vibrant and attractive place not only for its citizens and their families but also for businesses and visitors. However, this approach seems to have a reduced focus in the MET COUNCIL's current process. The current process could be improved by reducing the emphasis on technical requirements and instead focusing more time and resources on enhancing the community's engagement in the planning process. To date, at the request of MET COUNCIL, staff, the City of Oak Park Heights has made numerous revisions to the Plans submitted,requiring separate meetings and additional costs in contracted staff time. All of these requested changes from the MET COUNCIL to date essentially concerned minor technical requirements that not only had little material impact on the implementation of the plan at a local or regional level; but, also many of the changes concerned issues that had little-to-no 3 of 54 i relevance or practicality for a smaller, fully built-out city such as ours. This represents time and resources that could be better used on community engagement efforts that would allow the citizens of Oak Park Heights to more actively participate in planning for their future and the future of the City. Second,the MET COUNCIL reviewers seem to have no desire or need to give a rationale for why it is they wish to have the information for which they ask; all they demand is merely put under a headnote of"REQUIRED INFORMATION"and we are told if we don't provide what they wish in the form they wish to have it the "Plan will be inconsistent with the Council's plan". This suggests that the focus of the MET COUNCIL's current regional planning process has become less about helping communities plan for their future within both a local and regional context,and it is instead a largely technical and bureaucratic exercise to advance the MET COUNCIL'S plan. And,which includes far too many broad,sweeping or unrealistic requirements for each of the 400 highly diverse municipalities in the seven-county region to reasonably implement. Third,putting together the required plan with all its related maps,documentation and narratives is very expensive. As alluded to above, our City contracts for many of the required services and the cost can be in excess of$150,000. Does this process really provide$150,000 in benefits for the city? Is it worth $1,000 a page or more than $30 for each resident of our City? CouIdn't these financial resources not be put to better use, such as more extensive community engagement or more small area planning?We believe so. Last,it seems to those of us on the Planning Commission and City Council that what we need from the MET COUNCIL is more of a partner in planning and less of a dogmatic overseer of that planning.Indeed,after spending more than a year involved in this process,it seems fair to question why it is that a local Planning Commission, such as ours, is involved in the comprehensive planning process.If the focus of this process is ensuring technical requirements are met,then there is little value in having local representatives volunteer their time and insights to work on making our community better in the future. Our Planning Commission and City Council believes there are two relatively easy steps the MET COUNCIL could take to shift its relationship from a dogmatic overseer to partner with cities such as ours: First, why not recognize that cities under a certain population and/or limited capacity for growth do not need to address complex growth issues in the same way and format as much larger cities and/or cities that are facing continued rapid growth?For example, Lake Elmo and Hugo face far more complicated growth issues than do we.What makes sense to include in a comprehensive plan for Minneapolis or Saint Paul does not always make sense for a city like Oak Park Heights. The type of tiered system we are suggesting would be more useful for us and, we suspect,for the MET COUNCIL.It would also be more cost effective,allowing limited resources to be put to better use in our planning processes. 4 of 54 3 Second, the MET COUNCIL should have someone from the MET COUNCIL, perhaps the area representative,be the point person for each city's Plan.That person should be responsible to meet with the City's Planning Commission at least once a year to get a feel for what is happening in the city. During comprehensive planning years those meetings should become more frequent. This would enable greater dialogue,understanding and trust between individual local communities and the MET COUNCIL. Many of us presently on our City's Council or Commission have terms that will expire prior to our city's next Plan and we may not be in our respective chairs,but we do hope the MET COUNCIL takes steps to become mare of a partner in developing that plan when such time arrives. Thank you for your consideration in this. S' erely, Com , May Varnmningrnmsi Timothy Chair ofssion,Oak Park Heights Cc: Francisco Gonzalez,Metropolitan Council Member,District 12 Corrin Wendell, Sector Staff Liaison Corrin-Wendell@metc.state.mn.us 5 of 54 s City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson,Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 10/11/19 Re: Water Tower Cleaning is Complete The City's water tower interiors are clean. Over the course of the last month PW staff worked with KLM Engineering to clean and inspect the interior of the water towers. The written report and recommendations for repair/maintenance are pending, but the verbal report was positive. Because the towers are an integral part of the water distribution system, planning and attention to detail is crucial.This is generally the process: - Pw staff operates the right sequence of system gate valves to in order to isolate the towers from the system, but still allow them to be drained and filled when necessary. - PW drains the towers. It takes about 48 hours to drain tower 2 (500,000 gallons) and —8 hours to drain tower 1 (250,000 gallons). - KLM enters the tanks and begins to clean and inspect. PW operates valves to add water to create a slurry that can be pumped out of the overflow outlet. - After the interiors are clean,the tank is hyper chlorinated and filled to 10%.This sits for one (1) day. PW staff fills the tower to overflow after 1 day with the hyper chlorinated water inside. - Because the most common compound in chlorine is sodium chloride (salt), after the 6 of 54 hyper chlorinated solution reacts,the byproduct leaves the water extremely salty. Although it isn't required, PW drains the reacted water from the tower and fills with fresh water. Water samples are collected and delivered to the lab for bacteria testing. - After two (2) consecutive clear samples the water towers are back online. Some follow up work remains. While filling tower 1 to overflow,we did notice the water level transducer was off by approximately two (2)feet. Automatic systems will be in to recalibrate the transducer and next week the PW dept will begin flushing hydrants. z 7 of 54 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday,October 5, 2019 9:37 AM To: Eric Johnson Subject: Fwd:To Support Entrepreneurs, Cool Spaces Aren't Enough For weekly notes ----Original Message---- From: National League of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Oct 5, 2019 6:01 am Subject: To Support Entrepreneurs, Cool Spaces Aren't Enough View in browser. m The 4 AW i 8 of 54 To Support Entrepreneurs, Constructing Cool Spaces Isn't Enough There is no evidence that high quality physical places alone will lead to new businesses. But there are other interventions cities of all sizes can try to support entrepreneurship - and they don't require the cost of construction. How One Alaskan Borough Survived A Cyber Attack Every municipality is vulnerable to a cyber attack. And while some cities are taking steps to prevent and mitigate harm, many more are unprepared. Advancing Health Equity Across Systems in Your City r Advice from the City of Grand Rapids: Deep partnerships come from maintaining engagement. 3 Ways Local Leaders Can Support Older Adults V Americans 65 and older will make up 19 percent of the k population by 2030 and approximately 10,000 baby - boomers are eligible to retire daily. News Purple Heart Homes Hosts Veterans Aging.Summit 2019 Fox40- October 3, 2019 i 9 of 54 What Does the Digital Equity Act Mean for Cities? CitiesSpeak- October 2, 2019 Reps. Hill, Foster, Chabot, Murphy, Schweikert, Veasey Launch Bipartisan House Entrepreneurship Caucus U.S. Congressman French Hill- October 2, 2019 Announcements Should Cities Expect Another Recession? Want to know when the recession might hit? Or how international trade is impacting local economies? Join NLC for our 34th annual City Fiscal Conditions panel and report launch on Monday, October 28, at noon. Register here. New Municipal Fellowship Opportunity Want to address political and cultural polarization? NLC University is partnering with UC Berkeley's Greater Good Science Center (GGSC) to launch the Bridging Differences Fellowship. Learn more and apply for this incredible opportunity! Applications are due Friday, October 11th. Clean Energy Financing I Free Webinar Property Assessed Clean Energy (PACE) is a financing solution that helps local governments meet energy and economic development goals by revitalizing building stock and supporting local jobs. Learn how PACE can support your community during this free webinar on 10/08. Register here. Smart Cities Summit Discount NLC is a proud partner of the upcoming Smart Cities Summit! It's the go-to event for the government and technology decision-makers mapping America's future smart cities. Register here for your pass and use code NLC30 for a special 30% discount! Events November 20 - 23 NLC 2019 City Summit (San Antonio, Texas) 3 10 of 54 Job Postings Deputy City Manager -- City Greenville, South Carolina City Administrator -- City of Harrisburg, Pennsylvania City Engineer -- City of Nashua, New Hampshire NLCNATIONAL LEAGUE OF CITIES You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic 4 11 of 54 TRANSPORTATION AND INFRASTRUCTURE SERVICES (2019) 5.00 Transportation Principles transportation projects. It is important that state and local government officials have the The United States'transportation systems are ability to "flex funds," or use federal essential to the economic growth,vitality and transportation funding as they properly resilience of our nation's cities and towns and determine. the country as a whole. These systems can preserve and strengthen local and regional C. Modal Equity economies, stimulate economic growth and NLC supports investment in the nation's strengthen our competitive position in world infrastructure and encourages the federal trade. The safe and efficient movement of government to enact policies and programs people and goods must be the prime objective that would expand public and private of transportation policy at all levels of investment in all areas of infrastructure. government, and federal, state and local Federal policy should treat all transportation governments should be guided by the modes with equity and should urge federal, following principles in the development and state, and local officials to work together on implementation of transportation policies and the safe, efficient, and environmentally- programs. friendly designs for solving transportation problems. Public subsidies for particular A. Local Control modes of transportation, if used, must be Fundamental responsibility for overall explicit in the outcomes required and must transportation decision-making is a shared support and enhance the efficient operation federal, state and local responsibility but of our market-based economic system. Rural emphasis should be at the local level. NLC and urban transportation needs should be supports the ability of states and addressed equitably. municipalities to set their own priorities in transportation investment, and to have a D. Intermodalism/Multimodalism greater voice in influencing transportation NLC recognizes the need for regional and plans that satisfy local needs and objectives. federal strategies to create a seas-,robust and multimodal national transportation Where there are overriding national or system. It is essential that the nation's statewide transportation concerns, federal transportation system be seamless and mode- and state governments have a legitimate role neutral. Federal policy should encourage in planning and decision-making, but local "closing the gap" of independent modal governments should never be excluded from elements of the transportation system, with those processes. Congress should strengthen the goal of ensuring that efficient connections provisions for local decision-making as a between modes are available for the central component of any federal movement of people and goods. transportation program, and any funds intended for local use must not be diverted to NLC supports federal priority funding for state governments. improving the efficiency of the connecting modes of intermodal/multimodal facilities. B. Flexibility NLC supports local flexibility to build, operate and maintain local and regional 2019 Transportation and Infrastructure Services 157 12 of 54 E. Integrated Management and 5.01 Transportation Policies Operations Federal policy must encourage integrated A. Transportation Planning management and operation of all 1. Metropolitan Planning Organizations transportation systems at regional and local The federal government must continue to levels, maximizing the use of information require that Metropolitan Planning technology for management of traffic and Organizations (MPOs) be responsible for a transit, monitoring structural integrity, and continuing, comprehensive, and coordinated enforcement for public safety. transportation planning process that develops multimodal transportation programs in F. Advanced Transportation cooperation with state transportation Technologies departments, public transportation agencies, City leaders welcome advanced technologies and local implementing agencies. The MPO that can improve safety, reduce congestion endorsement of these plans and programs and decrease costs within the transportation must be a prerequisite for approval of networks. It should be a federal policy to federally assisted transportation projects in accelerate the testing, deployment and urbanized areas. The federal government integration of advanced transportation should continue to provide adequate financial technologies, such as automated, connected, assistance to MPOs for planning efforts. electric and shared vehicles, that have the capability to increase mobility options and The federal government should allow the accessibility, while simultaneously ensuring MPO and/or the local government to plan safety and reducing emissions, collisions and projects that use alternate design standards congestion. This should be done in close while meeting environmental objectives, consultation with cities and include a robust when the use of rigid federal design standards public engagement process and appropriate is inconsistent with local needs. regulations that ensure the unique needs of each municipality are accounted for. Federal regulations should continue to Adoption of new technologies should also be require that the elected officials of general linked to solutions to address persistent purpose local governments be adequately challenges including funding, data for represented on the MPO and that such research and integrated transportation officials participate in the designation and re- planning. designation of the planning organization and its membership. G. Disadvantaged Business Enterprise (DBE)Requirements MPOs representing metropolitan areas with The federal government should seek greater populations of more than 50,000 must be the economic opportunity for disadvantaged direct recipients of federal transportation businesses in federal procurement and funding for all transportation planning and financial assistance programs. DBE goals program efforts in those areas. Small cities should be high enough to be effective, and with populations less than 50,000 should enforcement should be reasonably consistent. have the option to receive federal Furthermore, a flexible, efficient waiver transportation funding directly or retain the procedure should be instituted to take into current practice of state sub-allocation. account the percentages of DBEs in an area and the availability of DBEs. 2019 Transportation and Infrastructure Services 158 13 of 54 The federal government shall require states to • Mandate concurrent reviews among all work cooperatively with MPOs to develop federal and state agencies involved in the joint forecasts of anticipated federal environmental review of all federally transportation funding to create more funded transportation projects; accountability in federal highway projects. . Standardize environmental policy and the review/approval process within DOT 2. Rural Consultation modes; The federal government must require states . Develop clearly defined procedures for to implement a process for consulting with resolving disputes among those agencies; local jurisdictions in rural, non-MPO areas, . Require all agencies to determine regarding transportation project planning and appropriate time frames to complete their decision making. reviews; • Eliminate duplicative environmental 3. Project Identification review by crediting equal or more States should be prohibited from stringent state environmental review implementing projects unless they are first actions during the federal environmental included in the transportation improvement review process; plans, except for Management and • Continue to allow federal transportation Operations(M/O)projects. dollars to be used by local and state NLC urges the federal government to require government to provide the resourcesnecessary to meet the time limits states to consult with affected local established for the federal environmental communities on transportation projects process; and regarding the inclusion of environmental . Include locally elected officials in any retrofits,such as storm water runoff and noise pilot program created to examine abatement, as part of projects that are exempt environmental streamlining efforts. from federal environmental requirements, including categorical exclusions. 5. Municipal Impact Analysis 4. Project Delivery The social, environmental, economic, and The federal government must streamline the energy impacts of proposed federal federal transportation project delivery transportation legislation and regulations process to facilitate construction of federally should be identified by the MPO or local funded projects and reduce project delays. jurisdictional body prior to implementation,Delays in the implementation of federally and steps should be taken to mitigate any adverse impacts. Existing and proposed funded transportation projects must be federal transportation programs and eliminated in order to increase local control and make more effective use of limited regulations must be carefully designed to financial resources. The federal government ensure that actions taken support municipalelected officials and their constituents' should require states to implement transportation projects identified on the local efforts to improve the social, economic and environmental sustainability of their level and of local importance with the same communities and flexibility in the use of timeliness and priority as other regional federal dollars to achieve local goals. transportation projects. The project delivery process must: 2019 Transportation and Infrastructure Services 159 14 of 54 6. Research and Development movement and congestion relief The federal government should continue to improvements, leveraged private capital, and research,develop,and conduct local pilot and the promotion of innovative technologies. demonstration projects of new technologies through federally-financed programs, and While TIFIA has provided flexible funding include local governments as key partners at for major transportation projects and helped the request of local officials. local governments leverage private and other non-federal investments, limited budget B. Transportation Finance and authority and delays in the approval process Administration can result in cost increases.NLC supports an 1. The Federal Role increase in the available funding for the The current federal surface transportation TIFIA program and greater flexibility for programs are not meeting the financial needs DOT in approving projects that can take of the transportation system. NLC supports advantage of favorable financing. broadening the definition of innovative c. Revenue Generation financing techniques beyond debt financing The federal government should encourage a to include: new generation of creative and innovative revenue generation options at the state and a. Innovative Management of Funds local levels such as public-private NLC encourages the federal government to partnerships to help finance critical permit municipalities to use innovative transportation infrastructure needs. (See also financial management techniques such as FAIR Section 1.02C.5, Increasing the Supply advanced construction financing, toll credits of Municipal Capital.) and flexible federal — local match options with federal transportation funds to maximize d. Debt Financing limited public funds and leverage private Debt financing for highway and transit capital. Innovative management must follow projects is an important financial tool if generally-applicable accounting principles. exercised prudently. Low cost loans from the federal government can be extremely useful b. Credit Assistance in getting highway projects moving and Credit assistance, tax incentives and other resolving significant transportation funding transportation finance tools have been issues. Where federal funds are involved, effective tools in expanding the available NLC recommends ensuring sufficient revenue for transportation investments. NLC protections to balance immediate supports federal direct (low interest) loans, transportation needs against the financial loan guarantees and credit line assistance burden on future generations. Such with favorable terms through programs like protections include, but are not limited to, Infrastructure Banks and the Transportation debt ceiling caps and required public Infrastructure Finance and Innovation Act referenda. (TIFIA). NLC supports the application of objective approval criteria for credit e. Federal Aid Turnback assistance. Approval factors should include, NLC Strongly opposes proposals to but not be limited to, threshold cost dismantle federal transportation finance by requirements, consistency with long-range turning back all or a portion of the federal aid regional and state transportation plans, to the states. generation of economic benefits, goods 2019 Transportation and Infrastructure Services 160 15 of 54 2. Surface Transportation Revenue Sources fairness, administrative ease, and policy a. Guiding Principles stability. NLC endorses the preservation of federal fuel taxes to fund the Highway Trust Fund(HTF), v. Revenue Generation: Any new which funds national surface transportation transportation revenue system must be needs. All federal fuel taxes need to be able to generate more revenue than increased in steps to reflect inflation since the collected currently, and it must maintain last increase and then indexed for inflation in the precedent under the current system's future years. In addition,the decrease in HTF design that protects against cheating to revenue collections indicate the need for avoid paying one's fair share of fuel alternative transportation funding system. taxes. Vehicle miles traveled (VMT) and other experimental ideas should be developed to vi. Reliability: Revenue streams must be meet the nation's long-term needs. These reliable and sufficient to meet the diverse programs should have a mechanism that both and growing transportation infrastructure reflects inflation and vehicle gross weight, needs of the nation. and emissions vii. Technology Improvements: The The following principles should guide federal increasing shortfall of revenues from fuel efforts to achieve this objective: taxes caused by the reduction in gasoline usage from increasingly fuel-efficient i. Fairness: Any new transportation vehicles and alternative fuel cars and revenue system must ensure that no trucks (i.e., hybrid, all-electric, single segment of the population bears an alternative fuel, and hydrogen-electric inequitable financial burden. vehicles), and higher use of alternative transportation systems that utilize no ii. Privacy: The design of any new gasoline must be offset with alternative transportation revenue and related tax revenue sources to fairly reflect their collection system must integrate share of road usage.At the same time,the reasonable privacy protections yet need for revenue stability should be provide information related to miles balanced with the need for federal, state driven within travel jurisdictions. and local policies to encourage reductions in vehicle emissions, iii. Administrative Ease: The design of any particularly in urban areas. new transportation revenue system should improve administrative b. Fuel Taxes as HTF Revenue Source effectiveness and efficiency. At Until a new, national transportation minimum, there must be no financing system is in place; Congress administrative deterioration from the must maintain a dedicated federal fuel tax current system. on diesel, gasoline, and gasohol that generates sufficient annual revenues iv. Seamless Transition: The dedicated to the HTF for transportation implementation of any new purposes only. These funds must not be transportation revenue system must diverted for other purposed and need to provide for a seamless,gradual transition be (a) increased to reflect loss of to ensure stable revenue collections, tax purchasing power and (b) indexed to 2019 Transportation and Infrastructure Services 161 16 of 54 account for future inflation and the administration to both preserve current federally mandated Corporate Average guaranteed funding mechanisms and to Fuel Economy(CAFE) standards increase the percentages allocated to the federal transit program. • Congress should require heavier trucks to increase their contribution to the HTF so To provide a viable alternative to the that they pay in proportion to the costs automobile, public transportation services they impose on the highway system. The need to be of quality and frequency if they are heavy-use truck fee should continue to be to attract a significant number of passengers. required until such time as the This shift in passenger traffic can only be Department of Transportation can accomplished with an increased commitment recommend to Congress an alternative of public funds for essential equipment,staff, tax which is more equitable than the and maintenance. heavy-use tax, easy to administer, and will generate at least as much revenue as NLC opposes state-by-state minimum the use tax. This could be in the form of allocations for federal transit funding. NLC a VMT to reflect annual mileage traveled opposes the imposition of "caps" on the and indexed to reflect gross vehicle amount of federal transit funding a state may weight. This would operate as a national receive. Caps do not address differences in program but would not exclude similar transit needs in the country,and force a"one- state programs. Devices such as studded size-fits-all" approach to federal spending on tires are permanent or seasonally transit programs. permanent that increase wear and tear abnormally on highways should bear a A federal commitment should be made to portion of highway maintenance expense new funding and not by shifting funding from through the imposition of existing transportation programs. States or mount/dismount or other installation fees localities that provide a greater financial at the state level. commitment shall receive higher priority for • Congress should allow the use of toll federal funding for public transportation financing on federally aided highway, systems. tunnel and bridge projects. • Congress should develop incentives for Maintenance and productivity indices should local governments to increase their be incorporated into federal allocation contribution to the federal highway formulae and there should be incentives in program, for instance, by allowing the matching-ratio to encourage productivity localities to increase the local matching improvements and maintenance of existing share of highway funds at their transit facilities. However, productivity discretion. However, those increased improvements alone will not mitigate the contributions should not be considered a problems of rising transit costs and substitute for the federal highway funds inadequate transit revenues. to which a state or locality is entitled. Federal policy should also continue to c. Funding Public Transportation emphasize the proper management of NLC supports an increase in funds existing transit systems and the designated for public transportation, and implementation of low cost transit urges Congress and the federal government improvements. 2019 Transportation and Infrastructure Services 162 17 of 54 3. Transportation Tax Policy to Encourage C. Federal Responsibility for Planning Commute Alternatives and Funding Freight Mobility NLC supports changes to the tax code and The U.S. goods movement system needs federal tax incentives to encourage greater federal leadership. Freight vanpooling, ridesharing, transit usage, bottlenecks can be found all over the country, telecommuting and other commute but the task of prioritization and fixing them alternatives. Current law prohibits employers is often beyond the means of the states, from providing tax-free commuter benefits. counties and cities in which projects are NLC seeks reinstatement of those tax-free located. A national freight strategy and benefits that were deleted by Congress as part dedicated, competitive and formula funding of the 1986 Tax Reform Act. NLC urges the is critical in order to maintain the efficiency federal government to ensure that pretax of the transportation system and the U.S. benefits offered for commute alternatives, economic competitiveness. NLC urges the including transit, are equal to or greater than federal government to adopt the following those offered for parking. specific measures; NLC strongly urges the federal government 1. National Freight Strategy: to promote transportation demand The Secretary of Transportation should be management programs for both passenger directed to develop a national freight strategy and freight movement and other commute that addresses multi-modal freight needs in alternatives. NLC supports federal tax the United States. In addition to covering incentives for small employers to coordinate domestic freight, the strategy should address and promote ridesharing programs,including the movement of U.S. imports and exports the use of new connected vehicle through U.S.ports technologies, and services that provide flexibility. Cities should be encouraged to 2. Senior, Focused Freight Leadership: coordinate with other transportation agencies A multi-modal freight office led by an to spread the movement of highway official at least at the assistant secretary level passenger and freight traffic from peak to should be established with the Office of the non-peak times. Secretary of Transportation. This official would develop the national freight strategy 4. Federal Aid Turnback and associated policies, advocate for freight NLC strongly opposes proposals to dismantle across the modal administrations, and award federal transportation finance by turning back funding for goods movement programs and all or a portion of the federal aid to the states. projects S. Federal Earmarks 3. Dedicated Freight Program and Funding: NLC is opposed to federal earmarks in the A dedicated,formula-based goods movement congressional transportation funding process program with dedicated funding should be that are inconsistent with regional and local created within the Department of priorities. NLC believes that such earmarks Transportation. Ports should be eligible to are inefficient, and often reduce the funding seek funding from this program for freight available to a state or locality for higher priority projects. 2019 Transportation and Infrastructure Services 163 18 of 54 projects both inside and outside their and represents passenger rail interests serving terminals. cities along the routes. 4. Projects of Regional/National D. Air Quality Significance: Specific air quality policies are contained in A discretionary, merit-based grant program Section 2.03 of the EENR chapter. for projects of national significance should be established. Freight measures should be Transportation sources are significant heavily weighted among the criteria used to contributors to the levels of pollutants,and as select projects for funding. congestion increases in cities and the nation, levels of these pollutants increase as well, S. Freight Eligibility for Existing Programs: despite efforts to reduce emissions from Eligibility requirements for existing surface mobile sources. Addressing transportation transportation programs should be expanded issues is an effective way of reducing to better address freight requirements. emissions in cities.Therefore,NLC urges the a. Congestion Mitigation and Air Quality federal government to offer a funding (CMAQ): Although freight projects are program for non-attainment areas and those currently eligible for CMAQ funding, they cities struggling to maintain attainment to are not major recipients of funds. CMAQ address emissions from mobile sources. The criteria should be refined to more United States Department of Transportation appropriately recognize freight's potential to (DOT), and not the states, should administer contribute to air quality improvements. this program. b. Road-rail grade separations: The criteria for funding grade separation projects should E. Congestion Mitigation be expanded to acknowledge congestion To maintain economic and environmental relief and freight benefits, as well as safety viability, congestion mitigation programs benefits. must be available to all cities. A c. TIFIA: The TIFIA program should be comprehensive, federal funding program to clarified to include projects located within a address congestion would foster project port terminal that improve the intermodal innovation, enhance intermodal planning, interchange, transfer, and surface access of promote savings in infrastructure investment, goods into and out of ports and that reduce and increase the livability and economic environmental impacts of freight movement. viability of communities across the country. The federal government must develop a 6. Tax Credit for Rail Infrastructure congestion mitigation program that provides Investment: direct funding to all cities to address To encourage the expansion of freight rail congestion problems in their communities. capacity, a tax credit should be created for Eligible projects could include intelligent certain rail infrastructure investments that transportation systems, projects to increase generate public benefits. vehicle occupancy, demand management strategies,traffic flow improvement projects, 7. States'Freight Planning: congestion pricing, mode shift including Each state should be required to develop a transit and non-motorized modes, and freight plan and establish a freight advisory innovative transportation technologies such committee that includes local representation as automated, connected, electric and shared 2019 Transportation and Infiastructure Services 164 19 of 54 transportation that would address the communities of color and other underserved, efficiency of cities' transportation networks. disadvantaged populations. F. Transportation of Hazardous NLC recognizes that federal policymakers Materials have too often accepted limited input from The condition of the nation's roads and these communities, creating racial railroad infrastructure impacts the frequency disparities,and gaps of economic opportunity and severity of accidents. Consequently, and social mobility in vulnerable increased investment in this infrastructure populations. NLC supports federal will also help reduce the number and severity transportation policies that: of accidents involving hazardous materials . Ensure opportunities for input in the by improving the safety of roads,bridges,and transportation planning process from rail. Therefore, NLC continues to advocate affected communities; for increased federal investment in this • Promote safety and address disparities in critical infrastructure. traffic fatalities among people of color; • Provide resources to municipalities to be NLC supports existing federal performance able to incorporate community impact standards to guide the selection of highway assessments and health impact and rail routes along which hazardous assessments into the transportation materials can be shipped including shipments planning process; made by or under the direction of the United • Provide resources to municipalities to States Department of Energy or Defense. strengthen minority business enterprise (MBE) and disadvantaged business States and localities must be allowed to adopt enterprise(DBE)programs; and enforce highway and rail route • Restore communities destroyed, divided requirements (including time-of--day or economically disadvantaged or restrictions, escorting, and local bans) that divided by past decisions regarding are consistent with the federal performance placement of transportation standards. NLC supports federal exemptions infrastructure; and when a state or locality can demonstrate that • provide access to safe and affordable it has unique local safety requirements. multimodal transportation options with G. Surface Transportation Security equity across all communities based on need. NLC does not support diverting any portion of the federal fuel tax to fund security Transportation system shall include affected measures for surface transportation systems. locally elected officials in the planning Securing these systems is a matter of national process. NLC urges the federal government, security and must be funded as part of our in cooperation with local governments and national defense. transportation system operators, to assess the vulnerabilities of the entire surface H. Racial Equity transportation system. Federal agencies must America's cities need transportation assist local governments by sharing infrastructure and services that support information, intelligence, technology, and opportunities for all. Federal policy must best practices, and by providing adequate support municipal efforts to provide essential funding for vulnerability assessments. transportation systems, with a focus on 2019 Transportation and Infrastructure Services 165 20 of 54 NLC urges all sectors of the transportation hybrids and electric vehicles as well as the industry, including public transportation value of the transportation product generated systems, water transportation, public and by all vehicles as a function of gross vehicle private transit and rail companies, and weight. highway systems, to participate in cooperative vulnerability assessments, Every state should also be guaranteed a emergency response plans,and drills.Federal minimum percentage of funds to cushion any financial assistance must be made available negative annual shifts in a state's historical to implement these plans and assessments. share of federal transportation funds. Any funds that may be distributed by the federal NLC expects the federal government to: government to the states should be • Provide technical assistance to local distributed in each state on an equitable basis. governments to develop possible countermeasures to deter, detect and B. Bridges delay the consequences of terrorist threats NLC urges the federal government to against vulnerable assets; maintain the current Bridge Replacement and • Continue to research technologies to Rehabilitation program with sufficient detect chemical, biological, and nuclear funding to repair bridges that are structurally contaminants in transit systems and or operationally deficient. Off-system provide technical and financial assistance bridges should continue to be eligible for to local governments to implement these federal bridge funds, and the discretionary technologies; bridge program should be preserved. • Develop methods to harden assets deemed most vulnerable; NLC urges the use of information technology • Provide current security guidelines for all in monitoring the structural integrity of transportation systems; and bridges. • Encourage the use of information technology in traffic management, NLC also strongly urges efforts at all levels including the enforcement of traffic laws, of government to review road and bridge monitoring infrastructure integrity, and needs and work to provide adequate revenue public safety. to ensure the safety of our transportation infrastructure. 5.02 Streets and Highways C. Highway Beautification A. Highway Trust Fund Finance NLC recommends that the responsibility for To balance the effects of inflation on the controlling outdoor advertising and Highway Trust Fund by indexing the gas tax junkyards should be returned to to the consumer price index (CPI), NLC municipalities, and to states in areas outside strongly opposes diverting any of these funds municipalities. These governments should to any non-transportation purposes,including have the authority to order the removal of reducing or masking the federal deficit. those signs and the relocation of those junkyards that are incompatible with state NLC also supports adoptions of a VMT based and local land use plans and zoning laws,and funding mechanism that increasingly allow sign and junkyard owners to amortize captures the use of highways and roads by their losses through advertising revenues. alternatively powered vehicles such as 2019 Transportation and Infrastructure Services 166 21 of 54 Federal controls over outdoor advertising The federal government should give funding should be retained only on interstate priority to ITS projects that improve traffic highways outside the jurisdictions of flow on existing streets and highways as municipalities and on federally aided primary alternatives to major new construction, highways selected as scenic highways by especially in high-density areas. Priority states. should also be given to street and highway improvements which benefit public transit, D. Transportation Alternatives Program such as preferential lanes for high occupancy NLC supports the Transportation vehicles, bus lanes, ramp metering, Alternatives set aside in the Surface computerized traffic control,one-way streets, Transportation Block Grant Program, which reversible traffic lanes, traffic signal priority serves as a dedicated source of federal for buses,parking management strategies. funding for local transportation priorities including bicycle and pedestrian trails and With the rapid advent of autonomous, facilities. connected, electric and shared advanced transportation technologies, the federal To foster fiscal certainty and security in the government should facilitate the testing and transportation planning process. NLC urges deployment of demonstration projects the U.S.Congress to maintain a funding level including single, multiple-occupancy and for the Transportation Alternatives set-aside transit vehicles in those cities that choose to that is equal to, or greater than, the inflation accelerate and integrate their adoption, in adjusted levels established under the most order to increase mobility options while recent previous authorization of the simultaneously reducing emissions, crashes Transportation Alternatives Program. These and congestion. programs should be protected from recession. The federal government should facilitate the NLC encourages the federal government to use of uniform technology in the collection of maintain the Transportation Alternatives set- tolls on roads across jurisdictions and aside as a dedicated source of funding for transportation systems such as vehicle transportation projects because such projects mounted toll tags or passes and transit have strengthened our nation's multi-modal stickers or passes. transportation system and have contributed significantly to economic development and F. Highway Safety environmental improvement at the local and Greater consideration should be given to regional level. safety in planning, design and construction. Additional resources need to be focused at all E. Intelligent Transportation Systems levels of government on research, education NLC supports intelligent transportation and enforcement to increase highway safety, systems (ITS) technology development and including work zones. NLC supports the use deployment and an increase in federal of incentive grants to encourage states to funding for these purposes. By applying ITS adopt more stringent impaired driving and technologies and services, we can improve seat belt use laws. NLC also supports the use the safety and efficiency of goods movement, of information technology in traffic and thus the competitiveness of America's enforcement and pedestrian and bicycle intermodal and international freight safety. transportation systems. 2019 Transportation and Infrastructure Services 167 22 of 54 NLC supports the funding of elimination of 4. National Commercial Truck Driver grade level crossings for high traffic rail lines Standards in urban areas where the railway bisects cities NLC continues to support federal national and towns impeding the flow of traffic and uniform standards for the training and creating public safety issues. licensing of interstate and intrastate drivers of commercial motor carriers States should G. Motor Carriers administer those standards. I. Truck Weight and Size Limits NLC opposes increases in truck weight limits S. Enforcement of Motor Carrier Safety unless and until such increases are Regulations accompanied by simultaneous and sufficient The federal government should continue increases in the heavy truck-user tax. adequate Highway Trust Fund funding for the Motor Carrier Safety Assistance Program NLC opposes allowing the longer (MCSAP). This program provides grants to combination trucks (i.e., "triple-trailers" or states for development and implementation "truck trains")both on and off the designated of programs (including roadside vehicle national network of truck highways until the inspection programs), which enforce federal impact of increased truck length and width and compatible state motor carrier safety standards on highway costs and safety is regulations. assessed and reflected in highway user fees and appropriate safety regulations. The federal and state governments should identify and develop new technologies and 2. Truck Routing innovative strategies,which will enhance and NLC supports federal government study of improve commercial motor carrier safety, the impact of the designation of routes along protect the driving public from commercial which longer, wider trucks may travel. This motor carriers that do not pass safety study should be used in the development of inspections, and promote and enforce much any performance standards for such stricter safety standards for commercial operations. State and local governments motor carriers, such as adequately securing should also retain authority to designate truck truck loads and imposing penalties for routes, truck access pickup and delivery missing treads. points on roads which are not a part of the designated truck network. 6. Motor Carrier Substance Abuse Assistance Program 3. Regulation of the Motor Carrier Industry NLC supports a federal incentive grant The federal government should encourage program for states that wish to conduct increased competition within the trucking random roadside inspections for driver industry and remove barriers to free entry by alcohol and drug abuse. increasing the flexibility of carriers to set rates and establish routes. No federal action 7. Motor Carrier Data Collection should be taken to weaken truck safety NLC urges the federal government to requirements in any way.NLC also urges that develop a centralized system for collecting federal motor carrier safety requirements be and disseminating information on motor applied uniformly for both domestically- carrier drivers and vehicles. The federal registered and foreign-registered vehicles. government should: 2019 Transportation and Infrastructure Services 168 23 of 54 • Expedite the development of the National national interest of an effective, national Driver Register(NDR); transportation system, especially where it • Ensure that commercial truck driver alleviates congestion and increases economic records are included in the Register; productivity. • Adequately fund the program; and • Assist states with collecting, exchanging, B. Role of the Private Sector and maintaining comprehensive truck NLC believes the federal and state accident and violation data and truck governments should make public-private driver and inspection records and history partnerships an option for all communities of substance abuse. for viable, appropriate projects that they decide will serve their community. H. Barriers to Connectivity NLC believes that well-connected However, federal or state imposed, communities are better able to serve all of competitive privatization of transit service their residents and create economic undermines the public-serving nature of opportunity for all parts of the community.In transit,and privately provided transit services many cities and towns, problematic past will never serve all transit needs. placement of federal highways has divided communities and created dangerous and Decisions about the terms and conditions of isolating barriers to mobility, especially private sector participation in transit, pedestrian and cycling mobility within a including the decisions to subcontract with community. These barriers have in many private providers if warranted, should be instances created or worsened racial divides, made at the local level,not the federal or state food deserts, and access to healthy recreation level. or employment opportunities. These problems can be extremely difficult and C. Local Control costly to remedy. In light of the federal NLC believes that local control is paramount highway program's responsibility for in transit decisions. NLC encourages the creating these barriers, additional dedicated federal government to require a public transit federal funding should be created to assist operator that accepts federal funding to cities and towns in addressing these barriers cooperate with cities whose residents and reuniting divided communities with contribute to the funding of the operator pedestrian/cycling overpasses and concerning the location, operation, and underpasses. maintenance of transit stops, routes and facilities within those cities. 5.03 Public Transportation D. Role of Federal Partnership A. Support for Public Transportation NLC urges a continued federal role in public Mobility is central to individual prosperity,as transportation policy, and strongly opposes well as to commerce and to the growth of federal actions which would reduce or communities. Public transportation can eliminate the federal commitment by turning contribute to the viability of the nation's back the transit program to states,eliminating cities by helping to reduce congestion, funding eligibility for new fixed rail starts,or protect the environment, stimulate economic phasing out operating assistance. development and create employment The federal government should facilitate the opportunities. Transit investment is in the use of uniform technology in the collection of 2019 Transportation and Infrastructure Services 169 24 of 54 tolls on roads across jurisdictions and G. Procurement Requirements transportation systems such as vehicle NLC supports federal procurement policies mounted toll tags or passes and transit tickets that expedite the production and procurement or passes. of transit vehicles. Alternative bidding procedures which are better suited to present E. Labor transit production conditions should be given With regard to The Fair Labor Standards Act, due consideration. Additionally, NLC the federal government should not make supports federal performance and equipment determinations on "traditional and integral" standards that replace the present transit functions of state and local government design specifications, and that give without consulting local governments and manufacturers latitude in choosing an documenting the fiscal impact on state and appropriate technology to meet a specific local governments. technical objective. F. Accessibility H. Innovative Transportation Public transportation is an essential public Technologies and Demonstration service that provides mobility for all people, Projects for a Seamless including the disabled, elderly, and Transportation Network economically disadvantaged, in all places Recognizing the nation's dependency on a and is not simply for those who can afford to single type of transportation fuel, which has pay for the service. serious negative impacts on both the environment and economy, and the need to NLC supports federal performance standards explore other fuel sources and transportation that indicate the level of handicapped- alternatives, NLC endorses the use of accessible service that is to be provided innovative transportation technologies and without specifying the means for achieving demonstration projects, such as Personal the service levels. Decisions regarding the Rapid Transit or congestion pricing, that are specific nature and level of service for specific to the needs and requirements of citizens with special mobility needs should each city to further enhance mass transit and be made at the local level,based upon locally transportation efficiency. These identified needs, goals, and resources. transportation technologies should complement and work with existing regional Existing accessible services, where it is technologies to create a seamless, national demonstrated that such services adequately transportation network. serve the needs of those with mobility impairments, should constitute local 5.04 Air Transportation compliance with federal accessibility NLC advocates federal policy that provides requirements. Under no circumstances adequate,predictable, and long-term funding should the federal government impose for airport development projects which additional accessibility requirements enhance system capacity and ensure aviation (beyond the performance requirements) on safety. existing fixed guideway systems, or require existing bus fleets or rail systems to be However, NLC opposes attempts by the retrofitted with accessibility equipment. federal government to mandate expansion of federally-aided airport facilities, or to otherwise limit the ability of local 2019 Transportation and Infrastructure Services 170 25 of 54 governments to continue to determine the responsible for airport planning and scope and type of airport facilities needed,or development. the type of airport use restrictions, including airport noise or airport access restrictions, 4. Off-Airport User Fees imposed .in their particular location. Local NLC opposes federal preemption of a local airport operators and local governments must government's ability to charge off-airport have the authority to regulate airport use and user fees. development in order to protect the public health and safety of surrounding S. Passenger Facilities Charges communities, to enforce airport uses that are NLC supports local jurisdictions setting appropriate to the airport's capacity and to passenger facilities charges (PFCs), which ensure that local transportation, give local airport authorities the flexibility to environmental (including noise control) and address capacity and to implement major economic needs are met. capital equipment upgrades, new technologies, and operational costs. These A. Funding fees should be raised with inflation in order 1. Airport Trust Fund to maintain their purchasing power to build The user-generated Airport and Airway Trust and maintain modern airport facilities. Fund should continue to be used to finance airport development and improvements. B. Small Communities Funds from aviation user fees and tax receipts Insufficient service and unreasonably high should be appropriated and should not fares have left some small communities accumulate unspent in the Trust Fund. without commercial air transportation Aviation users should benefit from the service. To address these problems, NLC aviation-related taxes they pay. recommends the following policies: 2. Federal Airport Improvement Program 1. Essential Air Service Programs The federal Airport Improvement Program The federal government should maintain (AIP) should continue to be disbursed to air current funding for the Essential Air Service carrier airport sponsors through existing (EAS) program and NLC urges Congress to funding mechanisms.Eligible airports should fully fund the EAS program. be allowed to compete for discretionary funds. To promote competition and ensure efficient use of federal dollars, the USDOT should NLC supports increased AIP flexibility, hold designated EAS air carriers to existing including extending AIP eligibility to performance standards. groundside improvement projects. However, NLC opposes diversion of AIP funds for 2. Small Community Air Service federally mandated security projects. Development Program Projects funded through this program have 3. Block Grants to States the potential to identify a broad variety of NLC strongly opposes proposals to options to expand and improve service in restructure the airport grant program for small communities. NLC urges continued small- and medium-sized airports into a state Congressional support of this program. block grant program. Local governments and airports sponsors must continue to be directly 2019 Transportation and Infrastructure Services 171 26 of 54 C. Airport Noise and Pollution vulnerabilities, while considering effects on The federal government must intensify its passenger convenience. efforts to provide prompt relief to residents of cities located close to airports from NLC strongly urges the federal government unacceptable levels of aircraft noise and to ensure air travel safety through aircraft pollution. (See clarifications at implementing the screening of commercial EENR Section 2.09, Noise Control, and CED cargo on passenger planes, improving Section 3.06, Land Use) passenger and airport employee screening procedures,expanding traveler programs and This should be tied to encouraging changes in improving terminal safety requirements. local zoning regulations to restrict noise NLC also encourages Congress, or the U.S. sensitive property development. Department of Homeland Security through the regulatory process, to further strengthen The Federal Aviation Administration should the "known-shipper" program by improving require adherence to fly-quiet programs, procedures for monitoring and auditing preferred runway usage, preferred flight "known-shippers"of cargo. paths, and local curfews as established by local governments and authorities. To develop an effective aviation security policy, Congress must clearly define NLC encourages the appropriation of funds responsibilities within the structure of the to cities and towns that adjoin an airport but federal transportation program. The TSA, do not operate the facility for compatible land FAA, state and local governments, and the use and noise mitigation planning purposes. US DOT must develop a coordinated plan to determine the level of authority each agency D. Federal Role in Air Traffic Control and government entity controls in any The federal government should provide situation. funding for and ensure all airports are participants in a national air navigation Since aviation security is a matter of national system which provides for safe aircraft defense, any funds necessary to assure operation such as the conversion of radar security must come from defense funding, based guidance systems to GPS. not from additional fees levied on passengers. Shippers could be subject to additional fees E. Aviation Security for cargo screening. NLC opposes continued A thorough assessment of the current and diversion of AIP and PFC funds for aviation potential threat to the air transportation security measures. The federal government industry is required. The Transportation must reimburse local governments for the Security Administration(TSA),the FAA and expenses incurred from the mandated local other aviation experts, in partnership with law enforcement presence at airports. locally elected officials and law enforcement, Congress should also reimburse costs to must work cooperatively and take immediate airports accrued from compliance with action to ensure that the aviation security mandated security upgrades, including system is capable of responding to specified installation and deployment of Explosive threat levels. The public interest demands an Detection Systems. aviation system capable of deploying a mix of technology and procedures as a unified system capable of countering all 2019 Transportation and Infrastructure Services 172 27 of 54 F. Unmanned Aircraft Systems the expectation set in the Rail Passengers Congress and the Federal Aviation Service Act of 1970 (RPSA) for reasonable Administration must not preempt the cooperation between intercity passenger rail authority of local governments to create and providers and railroad companies is upheld. enforce regulations with regard to the use of Adjustments to existing passenger rail Unmanned Aircraft Systems as it relates to providers and rail service should not be land use, zoning, privacy trespass, and law subjected to unreasonable compensation enforcement operations. requests or unjustifiable access delays. The FRA should utilize its authority to achieve The Federal Aviation Administration should the intent of the law. establish a transit zone for privately owned and commercially operated Unmanned Federal and state governments should require Aviation Systems that is sufficiently high operator funded local rail safety programs to enough above ground level that it prevents reduce safety hazards at railroad crossings disturbances to landowners, while also through rail relocation, sealed quiet zones, protecting navigable airspace. grade separation, or by other means. To increase traffic safety at crossings, stricter 5.05 Rail penalties for rail crossing violations should be imposed. A. Rail Principles 1. Local Role in the Nation's Rail Planning NLC supports the implementation of positive Program train control (PTC) systems as an essential The federal government should require states safety measure on passenger rail lines to limit to involve local governments in state rail incidents caused by human error. planning efforts required under federal law to ensure that local needs and objectives are S. Operations and Maintenance satisfied. Continued maintenance is the individual responsibility of the rail owner. NLC urges 2. Financing the federal government to readdress rail track NLC supports investment in the nation's rail standards for dual freight and intercity infrastructure and encourages the federal passenger rail uses through appropriate rail government to enact policies and programs improvements. that would expand public and private investment in both passenger and freight rail NLC further urges the federal government to mobility. redefine the responsibility for funding mechanisms to maintain tracks that carry 3. Rail Safety both freight and intercity passenger rail NLC urges the federal government to traffic. promote safe and efficient passenger and freight rail transportation and to seek creative 6. Environmental Impacts solutions. Federal law regulating railroad activity should not preempt local, state, or federal 4. Ensure Adjustments Do Not Jeopardize environmental review and requirements for Passenger Services permitting and mitigation of railroad NLC urges Congress and the Federal activities. The environmental impacts of Railroad Administration(FRA)to ensure that railway activities and facilities, including 2019 Transportation and Infrastructure Services 173 28 of 54 pollution, poor air quality, land use, feasibility and with local consent.NLC urges vibration, light pollution, and noise, should Congress to support creation of new high- not be exempt from local environmental, speed rail. public health, safety, or welfare-based regulations. 3. Funding Options for Amtrak and High- Railroads should be subject to light pollution Speed Rail and noise constraints. Rail yard lighting NLC supports the development of a long- standards and types need to be established term funding mechanism for infrastructure that minimize lighting impact on neighboring acquisitions, improvements, and rights-of- communities. There is a need for uniformity way and operating costs. In addition to among the different federal agencies in their appropriations, options include: policies governing acceptable noise levels. • Increasing the federal funding sources (See also EENR Section 2.08, Railroad Noise specifically for passenger rail; Policies) • Directing the diesel fuel tax currently levied for rail operations and deposited B. Passenger Rail into the general fund be moved into a NLC urges Congress and the Administration newly created Trust Fund for rail to develop a long-range vision and fund for improvements; passenger rail in the United States. Amtrak, • Allowing state, regional and local in cooperation with state and local government entities the option to spend a transportation officials, citizen groups, and portion of their federal transportation other stakeholders,must develop such a plan allocation on intercity rail; and as expeditiously as possible. National . Allowing federal and state governments passenger rail plans should include acquiring to issue tax-exempt or tax-credit bonds and improving rail lines that would otherwise for financing rail improvements. be abandoned. NLC urges the Administration to prioritize the safety review C. Freight Railroads and approval of the use of information 1. Freight Rail Service technology and crashworthy vehicles,such as Congress and the public and private sectors passenger rail cars on low speed urban dual must cooperate to ensure and provide for the use passenger and freight lines. efficient movement of freight, especially with regards to the relocation of rail lines and NLC recommends the following: increased rail traffic within metropolitan 1. Amtrak's Self Sufficiency Requirement areas, which could constitute a safety hazard NLC urges repeal of Amtrak's statutory self- and disrupt municipal functions. sufficiency requirement, since no known passenger rail system operates without 2. Freight Rail Safety government subsidies. NLC urges Congress to review the following freight rail safety issues: 2. Development of and Access to a High- . The hazard of reduced crews or lack of Speed Rail Network current safety technology use undermines NLC supports the investment in high-speed the safe and efficient movement of trains rail development as an important part of our and takes away the trained first responder national transportation network. Networks at rail incidents and accidents.This action should be developed only after detailed leaves no other person to monitor quickly analysis of their operational and financial changing circumstances or affirm, 2019 Transportation and Infrastructure Services 174 29 of 54 discuss or point out critical operations be fully considered during rail merger and safety issues; proceedings. • The lack of railroad maintenance has • Provide federal financial assistance for jeopardized safety. The closure of poorly the purpose of converting existing rail maintained crossings cause congestion on terminals into intermodal/ multimodal remaining crossings and cause short trips facilities. to be substantially extended due to poor road access, putting operators and 4. Rail Mergers passengers of motor vehicles at a greater Freight rail operations in the United States risk; and are expanding through rail mergers, often • The switching and storage of railroad cars resulting in the implementation of new containing volatile and hazardous routes, or intensified use of existing ones, as materials in urban and residential well as new and expanded rail yards. neighborhoods. Because of the potential impact mergers can have on local municipalities, federal law 3. Rail Line Abandonment should ensure that local governments have Congress must protect national, state and police, zoning, and land use authority for the local government interest in alternative protection of the environment and public public transportation regarding the use of safety. abandoned rail corridors. The Surface Transportation Board should be Congress should: required to consider all aspects of a railroad's • Specify how the federal government safety record as one of the criteria for should balance the impact on shippers approving railroad mergers or expansions. and the community of losing rail service against the burden upon the railroad of 5.06 Waterways, Ports and continued service and the potential use of Landside Connections the corridor for public transportation, including biking and hiking. Alternative Waterways and ports are an integral part of a means of freight and passenger comprehensive, intermodal transportation conveyance should be considered. system vital to our nation's economic • Require railroads to provide specific security and the financial health of cities. information concerning traffic trends, profitability, and rail line conditions to The effects of ports go beyond their rail users and state and local immediate boundaries. NLC recommends governments six months prior to the that the federal government consider the filing of the abandonment application. following funding and public safety issues • Require a railroad to transfer an related to ports: abandoned rail corridor to a state or local agency for no more than the A. Funding for Harbor Maintenance and constitutional minimum valuation, for Dredging to Increase Capacity alternative public uses including walking Recognizing the importance of ports and and biking, and public-private their impact on the national economy and job transportation initiatives. Public interest creation, NLC supports funding for harbor in alternative use of rights-of-way should maintenance and funding for dredging to maintain or increase capacity. NLC urges 2019 Transportation and Infrastructure Services 175 30 of 54 Congress to recommend a defined revenue . Increase funding for waterways and port source for this purpose and provide support security; for development of environmentally friendly • Allow locally elected officials to ship channel shoreline systems. NLC further coordinate waterway and port security at calls on Congress to provide financial and the local level, in conjunction with the technical assistance to communities and their U.S. Coast Guard and other affected watershed partners to promote innovative federal agencies; approaches for the construction and . Continue to provide technical guidance maintenance of shorelines in the vicinity of and oversight for port vulnerability federally maintained navigable waters. assessments, entrusting one federal agency with this responsibility; I B. • Require screening and background Dand�Transportation to-In and Out of checks of port personnel; Ports . Establish a grant program for ports to NLC expects the federal government to assist acquire new security technology; local and state government agencies in . Increase inspections on cargo containers, providing the needed financial resources to through the U.S. Customs Service, and support the landside infrastructure in and provide additional funding and around ports required to operate an efficient equipment to Customs to monitor cargo intermodal system and to support efficient without slowing the movement of port operations including commuter commerce; transportation at port facilities such as ferries. . Establish criteria for identifying high risk containers; C. Operations Funding to Implement the , pre-screen containers, according to Transfer of Cargo to Portside Distribution international agreements, before NLC supports the design and implementation shipment; and 0 Develop and require the use of containers of equitable waterway commercial user fees and customs duties necessary to generate that are resistant to tampering. sufficient revenues to finance waterway and Port security measures should be funded port operations and improvements. through national defense programs and D. Security general fund revenues,not through increased Because cargo containers are distributed user fees. throughout the country, any dangerous cargo E. Funding for Maintenance of Inland in a particular container could pose a threat to any city in the nation. Greater security can be Waterways and Locks Recognizing the importance of inland achieved by establishing partnerships with industry and foreign ports to encourage Waterways as well as locks and their impact increased security in their supply chains and on the national economy and local the federal government should continue to economies, NLC supports sufficient funding establish such partnerships as quickly as for inland waterways infrastructure, fully possible. To reduce cities' vulnerability from funding the Inland Waterways Trust Fund. cargo containers, NLC recommends that the federal government: 5.07 Pipelines 2019 Transportation and Infrastructure Services 176 31 of 54 The system of gaseous and liquid pipelines is enforce such advances to reduce pipeline an important component of an efficient failures transportation network for moving hazardous • Require Study implementation of new material. Our nation's pipelines keep technologies to detect pipeline releases, portions of these hazardous materials off of especially transmission pipeline our roads, waterways, and rail lines, making ruptures; those modes of transportation safer for all • Impose equivalent safety standards, users. where appropriate, for both liquid fuel and natural gas pipelines; Unremitting attention to the safety of this • Require pipeline operators to report all system is vital to cities, due to the hazardous liquid spills to the Office of Pipeline nature of these materials, the proximity of Safety and affected jurisdictions, except many pipelines to homes and businesses, and those spills truly de minimis in nature; the potential environmental impacts of any • Require pipeline operators to disclose to failure in the system. local and state authorities the results of all pipeline inspections; To improve the safety of the system, the • Require the Office of Pipeline Safety to federal government, through the PHMSA work with local emergency response Office of Pipeline Safety(OPS),must: providers to develop preparedness and • Continue to allow states the flexibility to response plans, and to provide impose safety requirements beyond appropriate funding, including grants, to federal requirements, and extend the local jurisdictions to implement such right to enforce those safety requirements plans; re states that have imposed such • Recognize the right of local governments requirements; through franchise provisions to require • Develop standards for periodic testing of pipeline operators to 1)provide to local pipelines and periodic hydrostatic tests; governments the data and results from • Further refine and advance the definition internal and external pipeline of High Consequence Area, or HCA, to assessments along with a description of assure the definitions appropriately the testing methods to allow for their capture "environmentally sensitive analysis of the potential risks to public areas" and "high density population safety; 2)require pipeline operators to areas"which would be severely impacted cooperate with local governments in if a failure in a pipeline were to occur; emergency preparedness and response and and 3)require pipeline operators to have • Strengthen rules regarding pipeline state of the art safety,warning, detection operation, maintenance, and public and emergency response capabilities to reporting. protect cities and their citizens and to mitigate potential damages from an To reach the goals stated above, NLC accident; recommends that the federal government: • Require pipeline operators to provide • Require formal testing and certification data to the National Pipeline Mapping of pipeline operators; system administered by OPS and make • Promulgate needed regulatory this data available to local jurisdictions; improvements in transmission pipeline integrity management approaches and 2019 Transportation and Infrastructure Services 177 32 of 54 • Require periodic management audits of pipeline companies to assure compliance with the foregoing; • Provide enhanced funding to federal agencies and states charged with the implementation and oversight of pipeline safety laws and regulations; and • Require pipeline operators to provide for anti-tampering devices and surveillance systems to protect pipelines from criminal activity, including terrorist attacks to deny service, and drug cartel use of the pipelines for drug deliveries. 2019 Transportation and Infrastructure Services 178 33 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 NLC RESOLUTION#27 PROTECTING CITIES AND TOWNS FROM RAIL DISASTERS INVOLVING HAZARDOUS MATERIALS WHEREAS,new technologies have resulted in the development of unprecedented amounts of both domestic and foreign oil,natural gas, tar sands,bitumen, and other petroleum products and derivatives,which, in turn is expected to significantly increase the volume of petroleum products transported across the nation by land and waterbodies; and WHEREAS,the U.S. Department of Transportation(DOT)Pipeline and Hazardous Materials Safety Administration has determined that crude oil originating in the Bakken formation is more flammable than traditional crude oil; and WHEREAS,in many instances,the rail lines that carry hazardous material, such as crude oil and ethanol, as well as other hazardous explosives, compressed gases, flammable liquids and solids, oxidizers and organic peroxides, toxic materials,radioactive material, and corrosive material',run through and by city neighborhoods, schools,parks,business and industrial areas, and along waterfronts, creeks,wetlands and other sensitive natural areas; and WHEREAS, state and local emergency managers may not have the necessary, accurate or timely information on the materials transported through their communities or the resources to adequately respond to an emergency; and WHEREAS,local governments are concerned about the potential impacts on public safety, infrastructure, drinking water supplies, and resulting economic disruptions from possible derailments and spills of hazardous materials as trains run through their communities and surrounding areas, as well as the direct and indirect costs associated with response and recovery from a derailment and spill; and WHEREAS,there have been a number of significant rail accidents involving hazardous materials causing tragic impacts on the affected communities,including instances such as a train carrying ethanol that derailed outside Rockford, Illinois on June 20,2009 killing one person; a train carrying crude oil that derailed in Lac Megantic, Quebec on July 6, 2013 killing 47 people; a train carrying crude oil that derailed on December 30, 2013,in Casselton,North Dakota causing violent explosions and a hazardous plume of smoke; and a train carrying crude oil that derailed in Lynchburg,Virginia on April 30, 2014; and these incidences continue to pose an ongoing threat to cities across America; and WHEREAS,it is the responsibility of federal regulators to assure that the transport of hazardous materials does not pose a significant threat to the public safety and welfare, and to ensure there are staff crew redundancies even with the rollout of new technologies like positive train control; and 2019 Transportation and Infrastructure Services 34 of 54 179 National League of Cities Adopted at the 2018 City Summit November 10, 2018 WHEREAS,DOT analysis concluded that many freight railroad insurance policies are not likely sufficient to cover damages resulting from a moderate to severe train accident involving hazardous materials 2; and WHEREAS,the National Transportation Safety Board has advised industry and regulators since 1991 that the DOT-111 tank car that is used as the primary packaging for the shipment of hazardous materials is unusually prone to puncture in rail accidents and derailments; and WHEREAS,DOT has initiated a rulemaking process to improve the safe transportation of large quantities of flammable and hazardous materials,including enhanced tank car standards,reduced operating speeds, and emergency response notification. NOW,THEREFORE,BE IT RESOLVED that the National League of Cities (NLC)urges Congress and the Administration to create clear, forward-looking, and comprehensive regulations to improve the safety of rail transport of hazardous materials so as to assure the public that its safety is not being unduly threatened by this transport; and BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to create regulations for tracking chemical composition of transported flammable and hazardous materials and liquids so that local governments and emergency managers can better understand and plan for the risks associated with the specific types of hazardous materials traveling on rail lines through their communities; and BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to develop an appropriate mechanism for rail transporters and product shippers/importers to provide, in the event of an incident, state and local emergency managers with accurate and immediate information,using available technology, such as radio frequency tags,regarding the identity and location of all hazardous materials on a train; and BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to require rail transporters and product shippers/importers to prepare and fund an emergency response assistance plan for their products and routes, in consultation with states and local governments,to ensure sufficient emergency response supplies, equipment,personnel and resources are available for rapid response assistance on rail lines that serve as routes for hazardous materials; and BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to require all rail transporters and product shippers/importers of hazardous materials to maintain sufficient liability coverage for moderate to severe accidents and to provide the community with financial assistance on the response through final clean up in a timely manner; and BE IT FURTHER RESOLVED that NLC urges the federal government to develop and implement new regulations improving federal tank car design, operation requirements and rail infrastructure, including the phase-out of older-model tank cars used to transport hazardous materials on an aggressive timetable and a prohibition on introducing Canadian-banned railcars in the U.S.; and 2019 Transportation and Infrastructure Services 35 of 54 i80 National League of Cities Adopted at the 2018 City Summit November 10, 2018 BE IT FURTHER RESOLVED that NLC urges the federal government to require railroad companies to use alternative routes,if available,when transporting hazardous materials through or near major population centers. 2019 Transportation and Infrastructure Services 36 of 54 181 National League of Cities Adopted at the 2018 City Summit November 10, 2018 NLC RESOLUTION#28 MODIFY FEDERAL RAILROAD ADMINISTRATION'S TRAIN HORN NOISE RULE FOR SAFE IMPLEMENTATION OF RAILROAD QUIET ZONES WHEREAS,the Federal Railroad Administration's (FRA) Train Horn Rule requires that locomotive horns be sounded at public highway-rail grade crossings and preempts state and local train whistle bans, and WHEREAS,FRA rules for establishing a quiet zone seek a balance between safety for motorists, rail employees and passengers at public highway-rail grade crossings; and WHEREAS,the process for establishing a quiet zone involves an agreement between state and local authorities,the railroad and the federal government; and WHEREAS, establishment of a quiet zone is costly for a community; and WHEREAS, communities have different circumstances for establishing a quiet zone. NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities calls on FRA and the U.S. Congress to finalize the Retrospective that was initiated by the FRA in March 2016 and initiate new rulemaking on the Train Horn Rule to decrease barrier for local communities in establishing quiet zones while ensuring safety at highway-rail grade crossings; and BE IT FURTHER RESOLVED,that FRA determine how local communities can implement quiet zones that are less burdensome and allow for differences in community circumstances while continuing to protect public safety; and BE IT FURTHER RESOLVED,that Congress provide federal funds for the express purpose of establishing quiet zones; and BE IT FURTHER RESOLVED,that FRA considers new and emerging technologies which may enhance the safety of quiet zone. 2019 Transportation and Infrastructure Services 37 of 54 182 National League of Cities Adopted at the 2018 City Summit November 10, 2018 NLC RESOLUTION#29 REBUILD AMERICA'S INFRASTRUCTURE WITH CITIES AND FIX THE BROKEN TRUST FUND FOR TRANSPORTATION WHEREAS,the National League of Cities (NLC)has called on Congress and the Administration to REBUILD WITH US by partnering with cities to rebuild and reimagine America's infrastructure; and WHEREAS,the economic well-being of our cities is dependent on a safe and efficient multi- modal network of roads,bridges,transit,rail,ports, sidewalks, and bike paths; and I WHEREAS, according to the NLC State of the Cities 2 018-2019 report, economic development and infrastructure were continue to be the top priorities of city leaders; and WHEREAS,failing to step up efforts to fix America's poor infrastructure is costing each American$3,400 per year; and WHEREAS,the Highway Trust Fund(Trust Fund)was created to provide dedicated, consistent federal funding for the highway and mass transit accounts,which together fund the majority of federal surface transportation programs; and WHEREAS,the primary method of revenue generation for the Trust Fund is the federal fuel tax of 18.4 cents per gallon on gasoline and 24.4 cents per gallon of diesel fuel, and has not been changed since 1993; and WHEREAS,the Congressional Budget Office projects that the Trust Fund will exceed revenues by 2021 without Congressional action; and WHEREAS,Congress has relied on non-transportation related funding patches and bailouts from the general fund,which will total more than$100 billion by 2020; and WHEREAS,the current long-term transportation authorization,the Fixing Americas Surface Transportation(FAST)Act of 2016 will expire i fiscal year-in September of 2020; and WHEREAS, the Congressional Budget Office projects that the Trust Fund will exceed revenues by 2021 without Congressional action; and WHEREAS,while federal funding dwindles,local governments who are prioritizing innovation, performance, safety and congestion relief with citizen's clear support and continuing to do their part to maintain 78 percent of the nation's road miles, 50 percent of the nation's bridges and operate the majority the nation's transit systems; and WHEREAS, federal lawmakers should support rather than hamper state and local efforts to raise necessary infrastructure funding in a manner that best serves their citizens and economies; and 2019 Transportation and Infrastructure Services 38 of 54 183 National League of Cities Adopted at the 2018 City Summit November 10, 2018 WHEREAS,the lack of sufficient revenue into the Trust Fund and continued uncertainty of federal funding for long-term infrastructure projects creates unnecessary additional administrative costs; and burdens on locals. NOW,THEREFORE,BE IT RESOLVED the NLC urges Congress and the President to prioritize infrastructure and follow through on implementing a long-term funding solution to keep the Trust Fund solvent and ensure federal funding certainty for local partners; and BE IT FURTHER RESOLVED that the President and Congress should increase the federal fuel tax or implement a similar fee,indexed to inflation and the corporate average fuel economy (CAFE) standards to ensure the near-term viability of the Trust Fund, and begin steps to implement long-term solutions such as a mileage-based user fee; and BE IT FURTHER RESOLVED that NLC continues to support a long term comprehensive national transportation plan and funding that would: • Include local governments,who are closest to their citizens, as stakeholders in decision making on all transportation programs that impact their communities; and • Ensure the role of local governments in statewide and regional planning is increased as the nation's transportation system becomes more multimodal and integrated; and • Increase the overall funding directly available to local governments such as an increase in the suballocated share of the Surface Transportation Block Grant Program(STBGP) and Transportation Alternatives set aside under the STBGP currently available for local decision-making and developing sharing opportunities with local decision makers within other federal programs; and • Create and expand revenue-generating mechanisms that are developed collaboratively by federal, state, and local governments,reflect the true cost to the infrastructure of every mode of transportation, and utilize new methods of revenue generation; and • Increase investment in and maintenance of historically supported and emerging transportation modes including regional and intercity rail connections, safe biking and walking infrastructure,transit of all forms including autonomous vehicles and modern buses; and • Continue to move toward a performance-based transportation structure where local governments can decide the right mix of transportation options that achieve the best results for their citizens and their goals for economic development, sustainability, safety, innovation, equity, and regional connectivity; and • Integrate and sustain the highway,rail, air, and port freight systems of the North American trade bloc to enable the U.S. to remain a competitive economy and to connect urban and rural communities to each other and to the global economy; and, • Recognize the essential connections between transportation and land use planning,housing, energy,the economy,public health and the environment; and • Support affordable public transportation systems of all sizes and modes as well as ensure that U.S. wages keep up with costs of providing transportation services and living costs; and • Advances Vision Zero goals for safety across all modes of transportation and utilizes safety as a criteria for prioritizing investments; and • Increase the transparency of the federal regulatory processes for both localities and the general public and streamline federal processes that are duplicative or do not provide additional benefits. 2019 Transportation and Infrastructure Services 39 of 54 184 National League of Cities Adopted at the 2018 City Summit November 10, 2018 NLC RESOLUTION#30 CITIES INCORPORATE DRONES AS AN EMERGING TRANSPORTATION INNOVATION WHEREAS, cities are incorporating the innovation and potential for the safe and effective integration of Unmanned Aircraft Systems (UAS or drones)into our cities' transportation ecosystems; and WHEREAS, drones continue to be seen by industry and government as an effective tool that can be leveraged into existing transportation systems in the sky and on the ground that will be operating in municipalities; and WHEREAS,Congress has reinforced their support for the Federal Aviation Administration (FAA)Drone Integration Pilot Program in the five-year reauthorization of the FAA and provided cities certainty that they can continue to advance pilots and extended the use cases for drones in partnership with the FAA; and WHEREAS,currently there are more drone registrations by the FAA than manned aircraft; and WHEREAS,cities will continue to use their existing authorities of land use,zoning,privacy, trespass, and law enforcement operations to seamlessly integrate and optimize drone operations; and WHEREAS,cities have seen the potential of drones to perform valuable tasks for both industry and cities that range from assisting with search and rescue, fighting wildfires, inspecting infrastructure and responding to emergencies to expediting medical shipments,providing images for construction,real estate and weather; and perhaps more significantly reducing congestion during peak times and reducing wear and tear on the nation's roads; and WHEREAS,cities' law enforcement professionals are viewed by the U.S. Department of Transportation, FAA and U.S. Department of Homeland Security(DHS) as the primary emergency response for improper and dangerous uses of drones yet unlike DOJ and DHS,they is no provision in the FAA reauthorization for piloting or engaging local law enforcement in counterdrone operations. NOW,THEREFORE,BE IT RESOLVED,the integration of drones into cities' skies must be a partnership among communities,their citizens, drone operators,researchers and the FAA to be effective in integrating these new flyers into the low altitude airspace; and BE IT FURTHER RESOLVED,NLC urges Congress and the Administration to respect and uphold local authority over land use, zoning,privacy and law enforcement operations as they relate to the effective operations and integration of drones in any rulemaking, legislative action, or executive order; and BE IT FURTHER RESOLVED,the FAA should continue to bring various stakeholders together through the Drone Advisory Committee comprised of technology, commerce, and 2019 Transportation and Infrastructure Services 185 40 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 transportation companies in addition to government stakeholders in order to provide relevant and timely recommendations to the FAA related to fulfilling the directives of Congress through the FAA Reauthorization Act of 2018 and continue piloting of integration of drones into the national airspace; and BE IT FURTHER RESOLVED,the DHS should consult directly with local and state governments in the testing and preparation of counterdrone technology; and BE IT FURTHER RESOLVED, cities are willing and able to assist in the development of effective federal, state and local laws and regulations that appropriately balance the desires of citizens,the needs of industry, and the promise of new technologies. 2019 Transportation and Infrastructure Services 186 41 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 PROPOSED: NLC RESOLUTION#XX REDUCE THE ECONOMIC,NOISE AND HEALTH IMPACTS OF THE IMPLEMENTATION OF NEXTGEN'S AIRSPACE REDESIGN AND PROTECT THE PUBLIC AGAINST NEXTGEN-RELATED IMPACTS WHEREAS,exclusive jurisdiction over the airspace of the United States resides with the Federal Aviation Administration (FAA),which is implementing both a National Airspace Redesign (a multi-year initiative to review, redesign,and restructure the nation's airspace to meet the rapidly changing and increasing demands on the National Airspace System)and an Air Traffic Control System upgrade named NextGen; and WHEREAS,the NextGen System allows the closer spacing both vertical and horizontal of aircraft during landing and takeoff, and brings planes low and directly over residential neighborhoods;and WHEREAS, in some states,the FAA did not conduct Environmental Impact Studies that use a noise standard that accurately reflects the impact of NextGen routing over residential communities;and WHEREAS,the U.S. Environmental Protection Agency's (EPA) Noise Control Act and the Clean Air Act Title IV-Noise Pollution, indicate that aircraft and turboiet engines are a source of noise whose sound levels may have adverse effects;and WHEREAS, problems related to noise include stress-related illnesses high blood pressure speech interference, hearing loss,sleep disruption and lost productivity; and WHEREAS,frequent low flying aircraft pose a serious danger to and also adversely impact economic development, property values,and the Quality of Life of residents; NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities(NLC) urges Congress and the FAA to reduce the economic, noise and health impacts of the implementation of NextGen's Airspace Redesign and protect the public against NextGen-related impacts which include more concentrated flight paths at increased frequency and at lower altitudes over residential areas of the U.S.;and BE IT FURTHER RESOLVED that the NLC supports: • FAA's goals of aircraft safety and security, and the full funding and implementation in a timely fashion, of the current FAA Reauthorization Act,which includes the following maior provision among others: "mandates that the ongoing study of alternative noise measurements to the current 65 decibel day-night average sound level (DNL) measurements be completed within one year(Section 173)"; and, • Immediate utilization of alternative single-event noise metrics which are better suited to analyzing noise impacts over affected communities; and • Acceleration of funding to NASA for research and development(R&D)to address aviation noise at its source—aircraft engines and airframes; and 2019 Transportation and Infrastructure Services 187 42 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 • Continued vigilance to ensure that Congress and FAA take additional steps to reduce aircraft noise and enhance the quality of life for residents and citizens affected by overflights. 2019 Transportation and Infrastructure Services 188 43 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 PROPOSED: NLC RESOLUTION XXX SUPPORT THE MOBILITY REVOLUTION WITH ADOPTION OF AN OPEN SOURCE PLATFORM FOR CITIES' PUBLIC RIGHT-OF-WAY MANAGEMENT WHEREAS, cities have a responsibility and well-established authority to manage the movement of vehicles in the public realm to increase safety, promote commerce relieve congestion and improve qualily of life, and WHEREAS,the federal government support for infrastructure including technology and management investments has fallen behind the national needs and demands,• and WHEREAS,that management has long been implemented through static tools such as road signs, road striping,painting of curbs, driver education and more dynamic tools such as street lights, traffic enforcement, emergency vehicle signaling and road closures-, and WHEREAS, the variety of vehicles using the public right-of-way is dramatically increasing and includes shared scooters, shared bikes, autonomous vehicles and soon autonomous aerial delivery vehicles; and WHEREAS, the overall number of vehicles in cities is dramatically increasing as well because of the Ropularity of on-demand delivery, ride sharing and other innovations; and WHEREAS, if managed well this evolving transportation landscape can provide convenience new business opportunities, emission reductions and personal financial savings-, and WHEREAS, if managed poorly, this new landscape can lead to increased congestion safety concerns, and overloading of sidewalks and curbs, and WHEREAS, cities must interact with these new mobility providers to help ensure the benefits are accessible and distributed equitably and at the same time manage the challenges of preserving exceptional quality-of-life and safety and WHEREAS,while private companies increasingly guide citizens with navigation applications there is a need for cities to retain the authoritative version of their streets particularly during emergencies and events: and 2019 Transportation and Infrastructure Services 189 44 of 54 National League of Cities Adopted at the 2018 City Summit November 10, 2018 WHEREAS,this new landscape requires the implementation of both new static and dynamic tools to enable cities to carryout their authority to manage the movement of vehicles in theup blic realm; and WHEREAS, new software technologies and tools have become and are becoming available to digitally administer this complex new transportation landscape; and WHEREAS,privacy is a critical component of any future mobility management solution and must be thougUfully designed and embedded within the technology so that cities can elevate individual privacy while preserving theoag is of public transparency and appropriate access to data, NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities supports the development and broad de llooyment of effective, open-source mobility platforms such as the Mobilily Data Specification, that allow cities to fulfill their multiple responsibilities for safety, managing congestion,promoting commerce and improvinggL uality of life,• and BE IT FURTHER RESOLVED,that the development and deployment of such platforms be led by cities, in partnership with private and non-profit entities to meet residents needs and establishes essential checks-and-balances to develop solutions for the common mobility challenges that all cities of all sizes face. 2019 Transportation and Infrastructure Services 190 45 of 54 SEATING SEATING LIMITED! THE 12TH 11111111111M.— ---.odd ANNUAL OAKDALE - LAKE ELMO AREA : "RAY i R BREAKFAST AND VETERANS DAY CELEBRATION North ` • Stillwater Maplewood Woodbury Thursday, November 7th, 2019 KEYNOTE SPEAKER 7:00 am - 9:00 am (seating at 6:45) ir. Thomas Inwood Oaks in Oakdale fForrnery Pram Center) 484 Inwood Ave. Oakdale MN "A Tribute To The Community" This ecumenical event is patterned after the National Prayer Breakfast held annually in Washington D.C,and is designed as a time of prayer for our city,state,and nation,our leaders,and as a time of rededication of individuals to God.As we approach a season of thanksgiving,let's also remember our service men and women who gave their lives for our freedom. I Jerry f=urlong Marylee Abrams Paul Reinke Mike Polehna Mike Peanon Ansae liulrt Greeuito Greetings Greetings Greearr-Sww a G7 IZFW f�reeun• Mayor-N,"ISt-1'ad Mayor-Maplewood Mayor-Oakdale DepmYMayor Ma.v—Li4eElnw .Y'l"n-3�/xltnny l '4A w- ;1 Gwen Budish North High Concert Chorale&Tartan High Choir Dan SwhT Russ Barrett Local Noah High School Char&Twilm High School Choir Emcee MNPBN RecordingAnbt North Sam Paul&Oakdale Spire Cmk Union � 8 ID^^�7PYaja srmM a. PLEASE BRING ITEMS TO SUPPORT THE FOOD SHELF! — clip and send _ — — — — — — ALL AMERICAN BREAKFAST 0 YESI I would like to be a sponsor: Individual is$SO&up,Corporate is$200&up. Reservation&Sponsorship form a Return by November 2nd,2C Enclosed is$50 - $200 - $300 - $ $ Email ole oprayerbreakf-t%mail.com for information {Circle One-help defray the huge cost's associated with rhe breakfast. (nwna Holl) Receive a listing in the Prayer Breakfast program) Name: ❑7ES1 1 would like to purchase the following tickets: Company: Please send me tickets at$30.00 each(in advance) $ Address: Please reserve tables of 8 at$240.00 per table.(T $ kxccs will e 335.00 each at the down) Email: b$ Tota!$ Phone: ❑Complimentary tickets)for Veterans Only: Please send me specially designed veteran tickets. Name of Spanwr as It eAC he 110W In The pregran Branch of Service Send Check Payable to:OakJole/Lake Elmo Prayer Breakfast P.O.Box 280272Oakdale, t JOIN Us FOR THE OAKDALE--LAKE ELMO AREA PRAYER BREAKFAST, AND A VETERANS DAY CELE.4.3RATION1. Thursday, November 7th, 2019 7:00am at the Inwood Oaks ' (Forrner( Prom Center) IL z SPONSORED) BY:, slurnberland FURNITURE aM Reserve your seat(s) by email or by Reservation Form on opposite side. Email: oleaprayerbreakfast@gmail.com Include: Name,Address, Phone, Email and Branch of Service and we will email you your 47 of 54 Specially Designed Veterans Ticketl (See Reservation Form,opposite side) Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Monday, October 7, 2019 4:53 PM To: Eric Johnson Subject: Fwd:Conversations of the Valley, 'Protecting The Places We Love' For weekly notes ----Original Message----- From:St. Croix Valley Foundation <emontgomery@scvfoundation.org> To: marymccomber<marymccomber@aol.com> Sent: Mon, Oct 7, 2019 4:41 pm Subject: Conversations of the Valley, 'Protecting The Places We Love' Can't See This Message?View in a browser ST. CROIX VALLEY FOUNDATION Conversations of the Valley Love'' Protecting The Places We A Four-Speaker Series Honoring the 50th Anniversary of Earth Day. Please Join Us for the First Presentation of the Series. i 48 of 54 STATE TVF 11 , 1 N'1111 ; ' Presented by Dr.Mark Seeley, Professor Emeritus, University of Minnesota and Retired Chief Climatologist for MPR Bio, Press ipRn J DATE&TIME Wed.Nov. 13,2019 11:3o am -1:oo pm luncheon served 11:30,program begins at 710071 WHERE Lake Elmo Inn Event Center COST $21 2 49 of 54 More About The Series 'Protecting the Places We Love'was inspired by the upcoming 50th anniversary of Earth Day, founded on April 22, 197o by Wisconsin Governor and U.S. Senator Gaylord Nelson (originally from Clear Lake/Polk County Wisconsin).Mr.Nelson (1916-2005)served as State Senator, Governor and U.S.Senator between 1948-1981 and was a 1995 Medal of Freedom recipient for his environmental work. Today the Earth Day Network's mission is to diversify, educate and activate the environmental movement worldwide. Our 2019-20 Speaker Series 'Protecting the Places We Love': Wed Nov 13,201 State of the Climate presented by Dr.Mark Seeley Wed Jan 15,2020 Current State of the Environmental Movement presented by The Nature Conservancy Wed Mar 18,2020 The Forever Green Agriculture Initiative presented by Professor Don Wyse May 17,2020 Lxcai Lnergy., Delivering Reliable, Affordable, Clean Energy for St. Croix Valley Customers Presented by Xcel Energy Thank you to First State Bank&Trust, our series sponsor, for helping to make this program ossible. FIRST STATE BANK ANIS TRUST EST '914 3 50 of 54 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday, October 8, 2019 3:40 PM To: Eric Johnson Subject: Fwd:Which Federal Programs Will Be Funded? - Federal Advocacy Newsletter-Week of October 8 For weekly notes ----Original Message----- From: National League of Cities<advocacy@nlc.org> To: marymccomber<marymccomber@aol.com> Sent:Tue, Oct 8, 2019 3:31 pm Subject:Which Federal Programs Will Be Funded?- Federal Advocacy Newsletter-Week of October 8 If Ire s message is not displaying properly,please view the online version. n. t r Which Federal Programs Will Be Funded? Tracking the FY20 Congressional Budget In August, Congress approved a bipartisan two-year budget deal for fiscal years 2020 and 2021. Though the deal, which NLC supported, lessens the possibility of another federal government shutdown, Congress must still pass the 12 annual appropriations bills by November 21 st. Where the Numbers Stand: FY20 Budget Update What Does Digital Equity Mean for Cities? 1 51 of 54 Closing the digital divide in America is more than just an infrastructure challenge. In order to get a job in most cities, towns, and villages, an applicant needs an affordable, reliable broadband connection. Call on Congress to Help Close the Digital Divide Modernizing Fremont Boulevard to Be Safe and Smart The Fremont Boulevard Smart and Safe Corridor project is bold, inventive and for the people—and it is just the beginning. Fremont is seeking a safer future using technology. Read Mayor Lily Mel's Transportation Infrastructure Story s Y -- 41' .J)'J� �11"14 a • Tweet your Senators and Representatives to ask them to cosponsor the Digital Equity Act! • The next Federal Advocacy Newsletter is scheduled for October 22. On November 20-23, city leaders will gather in San Antonio, Texas for City Summit to continue to craft policy, share ideas and speak up for the priorities of cities, towns and villages. l : i S r° now! ANNOUNCEMENTS EPA Requests Applications for Grants to Help Reduce Diesel Emissions from School Buses The U.S. Environmental Protection Agency(EPA) is announcing the availability of approximately $10 million in rebates to public school bus fleet owners to help them replace older school buses. Upgrading buses with older engines reduces diesel emissions and improves air quality. EPA Will Accept Applications Until October 30 2 52 of 54 FEMA's Public Assistance Program and Policy Guide FEMA is releasing a draft of the fourth edition (Version 4) of the "Public Assistance Program and Policy Guide" (PAPPG) for a 45-day public comment period. FEMA's Public Assistance (PA) Program supports community recovery from major disasters by providing state, local, tribal, and territorial governments grant assistance for debris removal, life-saving emergency protective measures, and the restoration of public infrastructure. The Comment Period is Through November 3 Grant Opportunity for Coastal Resilience The National Fish and Wildlife Foundation (NFWF)announced a Request for Proposals for projects that use natural infrastructure to build resilience for coastal communities. Provided through the emergency supplemental funding in 2019 in response to Hurricanes Florence and Michael, Typhoon Yutu and the 2018 wildfires, eligible projects must be in a county that was a federally declared disaster in AL, CA(southern), FL, GA, NC, SC or VA. Deadline for application is Nov. 12, 2019. Contact Suzanne Sessine for more information. Submit Your Proposal Before November 12 NEWS Legal Battles Brewing Between Cities and Big Telcos over Utility Pole Fees During the 5G Buildout Governing-September 25, 2019 Stakeholders Keep Pushing for Congressional Action on AVs Transport Topics- October 1, 2019 House bill would provide$250M to close digital divide Smartt Cities Cave-October 3, 2019 'Digital Equity Act' proposes $250 million annually for cities, states State Scoop- October 4, 2019 NLCNATIONAL LEAGUE OF CITIES RE ,civil$$1110146 T"Mis11 You may opt out of email communications from NLC at any time. Update your communication preferences. 3 53 of 54 660 North Capitol Street, NW, Suite 450,Washington, DC 20001 Privacy Policy I©2019 NLC, All Rights Reserved Powered by Higher Logic 4 54 of 54