Appendix B: Opportunities for Integrating Climate Change Considerations into Federal Transportation Planning Regulations
- Title 23 USC 134 - Metropolitan Transportation Planning (FHWA)
- Title 23 USC 135 - Statewide Planning (FHWA)
- 23 CFR Part 450 - Planning Assistance and Standards (FHWA)
- 23 CFR Part 500 - Management and Monitoring Systems (FHWA)
- 49 CFR Part 613 - Planning Assistance and Standards (FTA)
- Title 49 USC 5303 - Metropolitan Planning (FTA)
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| §134(a) | Policy |
It is in the national interest to– (1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; |
Provides a link to GHG mitigation through emphasis on minimizing fuel consumption, since GHG emissions from transportation are largely correlated with fuel consumption, and air pollution. |
| §134(c) | General Requirements | (2) Contents.– The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. | To ensure an integrated transportation system to serve the country, MPOs will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. Additionally, emphasis on non-motorized transportation and could also facilitate climate change mitigation strategies. |
| §134(g) | MPO Consultation in Plan and TIP Coordination | (3) Relationship with other planning officials– The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area... | MPOs should consider, as part of the consultation requirement, climate action planning activities going on within their State or region, as well as local government plans or policies that may consider climate change. |
| §134(h) | Scope of Planning Process |
(1) In general.– The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will–
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Requirements for strategies to address safety (B), security (C), accessibility (D), connectivity (F), and preservation (H) will require some MPOs to consider projected impacts of climate change, including sea level rise, on infrastructure. Adaptation strategies will need to be implemented to ensure continued connectivity and accessibility, as well as to promote security of the system, ensure the safety of the system for users, and to support global competitiveness and efficiency (A). Requirement of strategies in (E) provides a link to GHG mitigation through emphasis on energy conservation (since GHG emissions from transportation are largely correlated with energy consumption) and consideration of environmental protection. |
| §134(i) | Development of Transportation Plan |
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In considering ensuring an integrated transportation system (2A) and preservation of the projected and existing system (E), adaptation strategies could be required or encouraged, since some MPOs will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. Temperature swings resulting from climate change are also expected to cause accelerated aging on infrastructure. Mitigations activities are specifically required within the statewide plan (2B); climate change mitigation strategies could be directly linked to this requirement. Management and operations strategies (2D) can often be considered climate change mitigation strategies, if they improve system performance and reduce emissions. Similarly, transit enhancements (2F) can potentially serve as climate change mitigation strategies. Additionally, direct linkages are possible in consultation with agencies responsible for or involved with climate action planning, including environmental and land use agencies that might also be incorporating climate change considerations - both mitigation and adaptation - into their planning or programs (2B(ii), 3 and 4). There is an opportunity to add new language to consultation, under "issues” (4B) to specifically address climate change through consideration of climate change plans in addition to the specified conservation plans. |
| §134(k) | Transportation Management Areas | (3) Congestion management process.– Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies... | Strategies that reduce SOV travel and improve existing transportation system efficiency, as produced through the CMP, typically reduce GHG emissions, and could therefore be considered climate change mitigation strategies. |
| §134(m) | Additional Requirements for Certain Nonattainment Areas | (1) In general.– Notwithstanding any other provisions of this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. | Strategies that reduce SOV travel and improve existing transportation system efficiency, as produced through the CMP, typically reduce GHG emissions, and could therefore be considered climate change mitigation strategies. |
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| §135(a) | General Requirements |
(1) Findings.--It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution. (3) Contents.--The plans and programs for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. |
Provides a link to GHG mitigation through emphasis on minimizing fuel consumption, since GHG emissions from transportation are largely correlated with fuel consumption, and air pollution (1). Emphasis is also placed on an integrated transportation system to serve the country (3); States will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. |
| §135(c) | Scope of Planning Process |
(1) In general.– Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will–
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Requirements for strategies to address safety (B), security (C), accessibility (D), connectivity (F), and preservation (H) will require some States to consider projected impacts of climate change, including sea level rise, on infrastructure. Adaptation strategies will need to be implemented to ensure continued connectivity and accessibility, as well as to promote security of the system, ensure the safety of the system for users, and to support global competitiveness and efficiency (A). Requirement of strategies in (E) provides a link to GHG mitigation through emphasis on energy conservation (since GHG emissions from transportation are largely correlated with energy consumption) and consideration of environmental protection. |
| §135(d) | Additional Requirements |
In carrying out planning under this section, each State shall, at a minimum, consider--
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States should consider, as part of the requirement, climate action planning activities going on within their State or region, as well as local government plans or policies that may consider climate change. |
| §135(f) | Long-Range Statewide Transportation Plan |
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Direct linkages are possible in consultation with agencies responsible for or involved with climate action planning, including environmental and land use agencies that might also be incorporating climate change considerations - both mitigation and adaptation - into their planning or programs (2 and 4B). Mitigations activities are specifically required within the statewide plan (4); climate change mitigation strategies could be directly linked to this requirement. Additionally, in considering preservation of the existing system (7), adaptation strategies could be required or encourages. |
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| § 450.200 | Purpose | The purpose of this subpart is to implement the provisions of 23 U.S.C. 135 and 49 U.S.C. 5304, as amended, which require each State to carry out a continuing, cooperative, and comprehensive statewide multimodal transportation planning process, including the development of a long-range statewide transportation plan and statewide transportation improvement program (STIP), that facilitates the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight (including accessible pedestrian walkways and bicycle transportation facilities) and that fosters economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution in all areas of the State | To ensure a transportation system that will serve the mobility needs of passengers and freight and that fosters economic development between areas, states will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. Additionally, emphasis on minimization of transportation-related energy consumption and air pollution further reinforces climate change mitigation strategies. |
| § 450.206 | Scope of the statewide transportation planning process |
(a) Each State shall carry out a continuing, cooperative, and comprehensive statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will address the following factors:
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Requirements for strategies to address economic vitality (1), accessibility (4), connectivity (6), and preservation (8) will require some States to consider projected impacts of climate change, including sea level rise, on infrastructure. Requirement of management and operations strategies in (7) provides a link to GHG mitigation through emphasis on energy conservation (since GHG emissions from transportation are largely correlated with energy consumption) and consideration of environmental protection. |
| §450.208 | Coordination of planning process activities |
a) In carrying out the statewide transportation planning process, each State shall, at a minimum:
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States should consider, as part of the requirement, climate action planning activities going on within their State or region, as well as local government plans or policies that may consider climate change. Specifically, the opportunities to link coordinate process to adaptation include ensuring data collection and analysis (7) considers implications of climate change on the transportation system and land use. |
| §450.214 | Development and content of the long-range statewide transportation plan. |
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Potential to link GHG mitigation and adaptation to one of the specific elements listed or to include new element to address. Opportunities for linkages to adaptation include the mandate to consider connectivity (a), which requires consideration of the impacts of climate change on transportation infrastructure. Reference to "strategic planning and/or policy studies” (c) may include climate change plans or policies. Specific reference to environmental effects and energy (c) as well environmental protection and mitigation (I, j) could directly relate to climate change mitigation activities. |
| §450.306 | Scope of the metropolitan transportation planning process. |
(a) The metropolitan transportation planning process shall...address the following factors:
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Requirements for strategies to address safety (2), security (3), accessibility (4), connectivity (6), and preservation (8) will require some States to consider projected impacts of climate change, including sea level rise, on infrastructure. Adaptation strategies will need to be implemented to ensure continued connectivity and accessibility, as well as to promote security of the system, ensure the safety of the system for users, and to support global competitiveness and efficiency (1). Requirement to address environmental protect and energy conservation (5) provides a link to mitigation since GHG emissions from transportation are largely correlated with energy consumption and climate change in increasingly recognized as an environmental issue. Additionally, many management and operational strategies (7) are also mitigation strategies. |
| §450.320 | Congestion management process in transportation | (a) The transportation planning process in a TMA shall address congestion management through a process that provides for safe and effective integrated management and operation of the multimodal transportation system, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53 through the use of travel demand reduction and operational management strategies. | Integrated management and operational strategies specified in (a) reduce transportation-related emissions by reducing vehicle use or improving traffic flow, and are therefore also climate change mitigation strategies. Congestion management and travel demand strategies typically reduce emissions and therefore link directly to climate change mitigation. |
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| §500.106 | Pavement Management Systems | An effective PMS for Federal-aid highways is a systematic process that provides information for use in implementing cost-effective pavement reconstruction, rehabilitation, and preventative maintenance programs and that results in pavements designed to accommodate current and forecasted traffic in a safe, durable, and cost-effective manner. The PMS should be based on the "AASHTO Guidelines for Pavement Management Systems.” |
In discussing the results of the PMS, there is an opportunity to encourage DOTs to use low-GHG emitting construction materials (such as using fly ash in concrete) as a mitigation strategy. There is also an opportunity to require consideration of adaptation strategies to respond to projected climate change impacts in decision-making, in addition to "current and forecasted traffic.” |
| §500.107 | Bridge Management Systems |
An effective BMS for bridges on and off Federal-aid highways that should be based on the "AASHTO Guidelines for Bridge Management Systems” and that supplies analyses and summaries of data, uses mathematical models to make forecasts and recommendations, and provides the means by which alternative policies and programs may be efficiently considered. An effective BMS should include, as a minimum, formal procedures for:
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Since climate change is expected to cause accelerated aging of infrastructure, particularly bridges, the BMS process could explicitly highlight adaptation concerns in conjunction with (a) data collection, (b) predicting deterioration and (c) identifying alternative actions to encourage consideration of these impacts. |
| §500.109 | Congestion Management Systems |
...The CMS results in serious consideration of implementation of strategies that provide the most efficient and effective use of existing and future transportation facilities. In both metropolitan and non-metropolitan areas, consideration needs to be given to strategies that reduce SOV travel and improve existing transportation system efficiency... (b) In addition...the CMS...shall include: (4) Identification and evaluation of the anticipated performance and expected benefits of appropriate traditional and nontraditional congestion management strategies that will contribute to the more efficient use of existing and future transportation systems based on the established performance measures. The following categories of strategies, or combinations of strategies, should be appropriately considered for each area: Transportation demand management measures, including growth management and congestion pricing; traffic operational improvements; public transportation improvements; ITS technologies; and, where necessary, additional system capacity. |
Strategies that reduce SOV travel and improve existing transportation system efficiency, as produced through the CMP, typically reduce GHG emissions, and could therefore be considered climate change mitigation strategies. The evaluation of expected benefits (b4) could also specifically incorporate projected climate change mitigation benefits. |
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| §613.100 | Metropolitan transportation planning and programming | ...These plans and programs shall lead to the development of an integrated, intermodal metropolitan transportation system that facilitates the efficient, economic movement of people and goods. | In considering ensuring an integrated transportation system, adaptation strategies could be required or encouraged, since some metropolitan areas will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. Temperature swings resulting from climate change are also expected to cause accelerated aging on infrastructure. |
| §613.200 | Statewide transportation planning and programming | ...23 CFR part 450, subpart B, requires each State to carry out an intermodal statewide transportation planning process, including the development of a statewide transportation plan and transportation improvement program that facilitates the efficient, economic movement of people and goods in all areas of the State... | In order to facilitate effective future movement, some states areas will need to consider adaptation strategies in light of the implications of climate change (such as sea level rise and accelerated aging) on their infrastructure. |
| Section | Aspects | Language | Relation to Climate Change |
|---|---|---|---|
| §5303(a) | General Requirements | (2) Contents.--The plans and programs developed under paragraph (1) for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part of an intermodal transportation system for the State and the United States. | To ensure an integrated transportation system to serve the State and the U.S., MPOs will need to consider the implications of climate change (such as sea level rise) on their infrastructure to ensure effective connectivity is preserved. Additionally, emphasis on non-motorized transportation and could also facilitate climate change mitigation strategies. |
| §5303(b) | Scope of Planning Process |
(1) In general.--The metropolitan transportation planning process for a metropolitan area under this section shall provide for consideration of projects and strategies that will--
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Requirements for strategies to address safety (B), security (C), accessibility (D), connectivity (F), and preservation (H) will require some MPOs to consider projected impacts of climate change on infrastructure. Adaptation strategies will need to be implemented to ensure continued connectivity and accessibility, as well as to promote security of the system, ensure the safety of the system for users, and to support global competitiveness and efficiency (A). Additionally, management and operations strategies can often be considered climate change mitigation strategies, if they improve system performance and achieve emissions reductions. Requirement of projects and strategies in (E) provides a link to GHG mitigation through emphasis on energy conservation (since GHG emissions from transportation are largely correlated with energy consumption) and consideration of environmental protection. |
| §5303(f) | Developing Long-Range Transportation Plans. |
...The plan shall be in the form the Secretary considers appropriate and at least shall--
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In considering ensuring an integrated transportation system (A), system preservation (Ci) and mobility and access (Cii), adaptation strategies could be required or encouraged, since some metropolitan areas will need to consider the implications of climate change (such as sea level rise and temperature fluctuations) on their infrastructure to ensure effective connectivity is preserved. Congestion management strategies (Cii) are typically also relevant to climate mitigation, as they can reduce GHG emissions. |
