Rail-Transit-Ceos-Subcommittee-Draft-Minutes-February-2011

RAIL TRANSIT CEOS COMMITTEE PAT NOWAKOWSKI, CHAIR

FEBRUARY 5, 2011

DRAFT MINUTES

1. Welcome and Introductions: Dwight Ferrell offered the welcome and presided over the meeting for committee chair Pat Nowakowski. Introductions were made.

2. President’s Comments: Bill Millar noted that he was pleased at the registration numbers for this CEOs Seminar. He previewed some of the opening session’s content by noting that transit’s prospects in this Congress will depend on how well the parties work together. The T&I committee has reduced in size and has added 20 new Republicans, most with Tea Party credentials, but no new Democrats. Few T&I committee members have sizable transit agencies in their districts. We will be reaching out to them, but agencies need to be doing the same. It looks like a steep learning curve for the staff in some of these offices. We are working on identifying the next Paul Wyerich, and APTA’s business members are themselves looking to identify a prominent conservative to carry the message.

3. APTA Chair’s Comments: Mike Scanlon asked CEOs to continue “selling our story” in their communities, staying on message, building on the message to include transportation options, mobility options. He noted that updates on the presidential selection process and recalibrating our expectations to the new congress will be on the next day’s agenda. As it is an EXPO year, we can expect that the numbers will pull up when the member/non-member rates become apparent.

4. Regulatory & Legislative Update Jim LaRusch reported that the FTA has announced $1million for workforce development to look at things like hiring, incumbent training, and succession planning. The funds will be distributed in $50 - $500,000 grants to agencies with a partner (such as a university). Applications are due March 15.

On the DBE final rule: if a prime proposes to use a particular DBE, that DBE can only be terminated for cause and with notice to the agency; requires reciprocal DBE certification for 60 days, in which the receiving state has those 60 days to challenge. The rule would also require analysis and reporting on goals. Another rulemaking is anticipated next year.

On the ADA rule: DOT general counsel held a public meeting where Donna McNamee and Joe Giulietti appeared on behalf of APTA. They noted violation of regulatory standards. Volpe is working on a new rule and has already approached APTA constituencies for comments. We are anticipating that the FTA will rescind the old NPRM as soon as the new proposal is ready.

Customer Information Systems: “Arrival Star” patents are written so that they can challenge customer information systems installed by agencies. They approach the agency, not the maker of the installed CIS and offer to sell a license in lieu of suing the agency. They have filed suit against NYMTA. The legal affairs committee is working with the Public Patent Foundation exploring a declaratory judgment to protect properties. LaRusch asked that anyone who is contacted by “Arrival Star” to please notify APTA immediately. These “patent terrorists” tend to approach smaller agencies, which are less likely to have the resources to fight it, and then they point to those forced sale licenses as evidence that other agencies had “agreed” with the patent claim.

There is much uncertainty regarding the future funding levels for the federal transit program as we enter the 112th Congress. While the new Republican controlled Congress is intent on cutting funds for all domestic programs for deficit reduction, funding for infrastructure and public transportation still has strong support in Congress and the administration. APTA’s efforts are focused on educating new members of Congress on the importance of the federal program in their districts, and preserving the federal program.

Congress failed to pass a full year appropriations bill last year, and have passed a short-term continuing resolution that is set to expire on March 4. The CR also extends spending authority for surface transportation programs (SAFETEA-LU) through March 4.

The FTA is expected to issue a partial-year apportionment to make 5/12 of FY 2011 formula funds this week. The apportionment is not expected to make funding available for discretionary programs, such as new starts and bus discretionary grants.

APTA is urging all members to contact their members of Congress and urge them NOT to reduce spending levels for public transportation programs for FY 2011.

The passage of a full, six year, robust authorization bill this year remains APTA’s top priority.

Chairman Mica of the House Transportation Committee, Chairman Boxer of the Senate Environment and Public Works Committee, and the administration have all expressed their desire to pass a long term bill this year. In meetings with Chairman Mica, APTA has learned that he plans to develop a bill that lives within the current trust fund revenues. This means that we can expect legislation out of the House that offers reduced funding levels. In the Senate, Boxer has pledged to work with Mica to get a bill done by Memorial Day.

Mica wants to supplement traditional program funding by recapturing unobligated funds, streamlining programs and speeding project delivery, and encouraging investment from the private sector through public private partnerships, bonding, and loan programs.

Hurdles on financing remain in place. If there is not momentum this year, there may be consideration of a shorter authorization bill- perhaps two years – by the end of calendar 2011.

Educating new and current members of Congress on the importance of the federal transit program to their districts is extremely important.

Matt Tucker asked about a grant related to high-speed rail, but noted that the FRA has been very slow to get money out the door. Bill Millar responded that agencies should work hard to get any DOT money encumbered as soon as possible. The administration will argue that these programs run through 2012, but the congress is making the argument that unspent money is unspent money. 5. Report from the Nominations Subcommittee: Consisting of Matt Tucker, Paul Jablonski and Luther Diggs, the nominations committee reported that Joe Calabrese had been identified as the candidate for committee chair and Paul Jablonski as vice chair. Elections will take place at the June 2011 meeting, and the new leadership will take office immediately following that meeting.

6. Report from the Bylaws Committee: Matt Tucker, Dwight Ferrell and Bill Mooney reported on their efforts to bring the committee bylaws in line with APTA’s newly revised corporate bylaws, and presented the draft revisions for consideration. There will be a vote on the bylaws at the June 2011 meeting.

7. Review October 2010 Meeting Notes: Minutes were moved, seconded and passed as submitted.

8. New Business: Beverly Scott announced that on March 16 (at the end of the APTA Legislative Conference) there will be a dinner in Washington to bring labor and transit leadership together on an executive level.

Dorothy Dugger reported that she had received a call from Administrator Rogoff, who told her that that he will be sending out a notice regarding Title VI compliance and indicating the general strong commitment by the administration.