• Friday, September 07th, 2012

Sept. 7, 2012 – The new Moving Ahead for Progress in the 21st Century Act (MAP-21) surface transportation legislation enacted July 6, 2012 contains language both specifically, and more generally, helpful to pavement preservation.

Thanks to the strong support of members of the U.S. House Transportation and Infrastructure Committee, pavement preservation in the final bill was stronger than it was in either the House or Senate versions. The concepts of asset management and preservation are widely used in MAP-21, which will bring great benefits to state and local government agencies, the preservation industry, and road users.

The term asset management is included in the language and is defined to include “a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.”

The Maintenance Section of the law has been expanded to specifically define pavement preservation programs and activities. The final bill explicitly states that preservation activities are eligible for projects under the national highway and surface transportation programs. We’ll explore this new legislation in our next issue.

We at FP2 Inc. are proud of the role that we and Williams & Jensen, our “Inside-the-Beltway” partners, played in making sure pavement preservation and asset management were explicitly included in MAP-21. A special “thanks” to all our members who traveled to D.C. for Capitol Hill visits, and who funded our efforts, and to Tracy Taylor of Williams & Jensen, who spearheaded our efforts.

Here is an outline of language in MAP-21 pertaining to pavement preservation:

• Sec. 1507. MAINTENANCE
Section 116 of title 23, United States Code, is amended—
(1) by inserting before subsection (b) (as so redesignated) the following:
“(a) DEFINITIONS. –In this section, the following definitions apply:
“(1) PREVENTIVE MAINTENANCE.—The term ‘preventive maintenance’ includes pavement preservation programs and activities.
“(2) PAVEMENT PRESERVATION PROGRAMS AND ACTIVITIES.—The term ‘pavement preservation programs and activities’ means programs and activities employing a network level, long term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.”;

• Sec. 1103. DEFINITIONS
(a) DEFINITIONS. –Section 101(a) of title 23, United States Code is amended…by
inserting…the following:
(3) By inserting after paragraph (1) the following:
“(2) ASSET MANAGEMENT. –The term ‘asset management’ means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both
ngineering and economic analysis based upon quality information, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecyle of the assets at minimum practicable cost.”;
(4)(C)(ii) by striking “and rehabilitation” and inserting “rehabilitation, and preservation.”

IN GENERAL.—Section 119 of title 23, United States Code, is amended to read as follows:
Sec. 119. National highway performance program
“(a) ESTABLISHMENT.—The Secretary shall establish and implement a national highway performance program under this section.
(d) Eligible Projects.—Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is—
“2) for 1 or more of the following purposes:
“(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation or operational improved of segments of the National Highway System.”

• SEC. 1108. Surface Transportation Program.
(a) ELIGIBLE PROJECTS. –Section 133(b) of title 23, United States Code is amended—
“(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways….

• Subtitle B- Performance Management
Section 1201. Metropolitan Transportation Planning. Several areas of Section 134 of Title 23 have been amended to increase the emphasis on preservation and most efficient use of the existing transportation system.

• AMENDMENT.—Section 5303 of title 49, United States Code, is amended to read as follows:
“Metropolitan transportation planning….”(H) emphasize the preservation of the existing transportation system.

• Sec. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT. Section 503 of title 23, United States Code, is amended to read as follows:

503. Research and technology development and deployment.
(3) Improving infrastructure integrity.—
“(A) In GENERAL.—The Secretary shall carry out and facilitate highway and bridge infrastructure research and development activities—
“(i) to maintain infrastructure integrity;
“(ii) to meet user needs; and
“(iii) to link Federal transportation investments to improvements in system performance.
“(B) OBJECTIVES.—In carrying out this paragraph, the Secretary shall carry out research and development activities–
“(vi) to improve highway condition and performance through increased use of design, materials, construction and maintenance innovations;
“(vii) to reduce the environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation and maintenance.

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