Washington enacts 9th transportation extension

In late March, approximately 36 hours before the expiration of the eighth extension of federal surface transportation legislation known as SAFETEA-LU, Congress passed and the president signed the ninth extension of the law.

The extension, for 90 days, enables the federal government to continue to collect the 18-cent-per-gallon gas tax, which generates approximately $100 million in revenue every day.

In mid-April, the House passed an additional 90-day extension, which would take effect upon the expiration of the ninth extension. This tenth extension, if passed by the Senate and signed by the president, would last until September.

The tenth extension served as a vehicle for the House to pass a measure to build the controversial Keystone XL pipeline. It is the third time in two years that the House has passed language to permit construction of the pipeline. Similar language was also included in the initial five-year transportation package crafted by the House earlier this year, which was not brought to the floor for a vote.

No such language was included in the Senate’s two-year, $109 billion transportation legislation, Moving Ahead for Progress in the 21st Century (MAP-21), which was passed in March.

Historically, funding and authorization bills to govern federal surface transportation spending pass Congress easily with bipartisan support, but the debate over a new, multi-year bill has proved contentious. The original SAFETEA-LU legislation expired in September 2009.

Until a new transportation bill is enacted, capacity for any long-term planning of transportation projects is strictly limited.