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National Association of State Aviation Officials

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1 National Association of State Aviation Officials
2018 Annual Conference Wednesday, April 4 – Friday, April 6, 2018 Jackson, MS Mark Kimberling President and CEO (703) Intro Slide: Thank you to hosts NASAO mission – nationally recognized voice NASAO represents the public interest in aviation Credibility on technical issues to leaders on Capitol Hill MOU with FAA “Airports are natural constituency” “Recently there have some major developments in Washington that are going to have significant impacts on the aviation community” “The main conversations taking place on Capitol Hill with respect to Aviation are far different then they were even one month ago” – Briefly hit ATC fight “Today I am going to talk about the key details in the FY18 Omnibus, The Trump Infrastructure Plan, Long-Term FAA Reauthorization, and several hot topic issues like UAS regulation” Transition: We’ll start today’s discussion with an overview of the $1.3 trillion spending bill that was just signed into law at the end of March

2 Fiscal 2018 Omnibus: DOT Highlights
Department of Transportation (DOT) The bill provides $86.2 billion, in total budgetary resources, including offsetting collections. This is a $10 billion increase from the FY 2017 enacted level. The bill provides $27.3 billion in discretionary appropriations for the DOT. This is $8.7 billion increase from the fiscal year 2017 enacted level. Congress’ 12 appropriations bills were lumped into one massive spending bill, referred to as an omnibus The $1.3 billion bill gave many agencies significant increases, while some saw their budgets decrease like the State Department The Department of Transportation, along with DOD and DHS saw some of the most significant percentage increases. This is in-line with the Trump Administration’s focus on infrastructure investment – which we now know is expected to come increments that are included in several smaller bills rather than one large infrastructure bill. I will elaborate more on this later in the presentation. Some of the key take-aways of the DOT funding included in the Omnibus are: The Department saw an increase of $10 billion from the FY17 level $8.7 of which is in discretionary appropriations 20% of the overall increase in THUD Appropriations went to Highways 13% of the overall increase went to Aviation Rail, Maritime, Mass Transit, and TIGER combined account for 30% of the increase with the remainder going to HUD for a wide array of programs. Transition: “We will now take a closer look at FAA funding in the omnibus”

3 Fiscal 2018 Omnibus: FAA Highlights
*$18 billion in total budgetary resources for the FAA *FAA Authorization is extended through Sept. 30, 2018 Airport Grants $1 billion increase in AIP $15 million for Airport Cooperative Research Program $10 million for SCASDP Operations $133 million increase for the Air Traffic Organization $165 million for the Contract Tower program Facilities and Equipment $1.3 billion for NextGen investments (+$239 million) Research and Development $24 million for UAS research ($17 million above the budget request). In addition to an overall 10% increase in FAA funding, the omnibus also included a 6-month FAA extension. The inclusion of this extension was crucial because it prevented then need for congress to pass a separate bill The most significant increase was in the Airport Grants category, where AIP received a $1billion increase in discretionary funds, which I will elaborate on in detail Noteworthy increases were also made to NextGen, ATO, Contract Towers and UAS research Transition: The $1billion increase to AIP is discretionary and does not go through the standard formula. On this next slide I will explain what info is currently available on how the funds will be apportioned.

4 Fiscal 2018 Omnibus: Airport Grants
Airport Improvement Program – $3.35 billion Additional Airport Improvement Program Funds -- $1 billion to remain available through September 30, 2020 under these specific requirements: Funding comes from the General Fund, not the Airport and Airways Trust Fund; Funding is NOT subject to apportionment formulas, special apportionment categories, or minimum percentages; USDOT/FAA will distribute funds as discretionary grants to airports and must give priority consideration to projects at: (a) Non-primary airports that are classified as Regional, Local, or Basic airports and are not located within a Metropolitan or Micropolitan Statistical Area as defined by the Office of Management and Budget; or (b) primary airports that are classified as Small or Non-hub airports; The federal share for these grants to Non-primary airports is 100 percent; Grant amounts are not subject to any limitation on obligations in the AIP. Note: bullets on this are self-explanatory Additional points: NASAO has been in direct communication with the Appropriations Committee and the FAA Priority consideration is to be given to rural and small airports A funding guideline document is expected to be provided from the Appropriations Committee to the FAA

5 Trump Infrastructure Plan
“Legislative Outline for Rebuilding Infrastructure in America” $1.5 trillion infrastructure package to include $200 billion direct federal funding Incentive Grants Program – $100 billion 20% federal match to 80% state/local funding Provided through discretionary grants by federal agencies. Rural Infrastructure Program – $50 billion 80% disbursed to states 20% provided in “performance grants” by federal agencies Transformative Projects Program – $20 billion Disbursed by Dept. of Commerce For innovative projects that are high-risk but commercially viable Federal Credit Programs – $14 billion Expands TIFIA program and includes airports Other – $10 billion Federal Capital Financing Fund to finance federal real estate deals Aviation components of the infrastructure plan: Shortening the project approval process to two-years or less Expanding the use of Private Activity Bonds (PABs), including the number of eligible uses for airport projects. The Plan would get rid of the PAB state and transportation volume caps, and exempt PABs from the Alternative Minimum Tax (AMT). Allowing small hub airports the same expedited PFC application process as non-hub airports. Providing airports the ability to offer incentive payments for early completion of AIP projects. Federal Credit Programs – providing $14 billion in expanded federal credit programs, including the Transportation Infrastructure Finance and Innovation Act (TIFIA), which has expanded eligibility to include airport and other infrastructure projects Expanding the existing airport privatization pilot program by removing the cap on participating airports, and changing the current 65 percent supermajority requirement for airline approval to a simple majority. Limiting FAA’s approval and oversight of non-aviation development activities at airports, to focus more oversight on critical airfield infrastructure. Moving the oversight of AIP grants from advance application approval to post-expenditure audits

6 FAA Reauthorization Legislation
Timeline Sep. 30, 2018 – FAA Authorization Expires Mar. 23, 2018 – Congress passes 6-month extension Feb. 27, 2018 – ATC privatization dropped from H.R.2977 Sept. 28, 2017 – Congress passes 6-month extension Jul. 12, – H.R Rules Print including Tax Title is released Jun. 29, 2017 – S approved in Senate Committee Jun. 27, 2017 – H.R approved in House Committee Jul. 13, 2016 – Congress passes 14-month FAA extension bill Air Traffic Control Privatization Pilot Training/Shortage Overview: Explain how ATC privatization held up House Bill Explain how 1500 Hour rule has held up the Senate Bill Explain how recent developments in both chambers now present a path forward for long-term FAA Transition: The ATC privatization debate may be over for now, but during the heat of the discussion, NASAO put forward a unique position of opposition that gained a lot of traction and was very influential at critical point

7 House FAA Reauthorization – ATC Tax Title
- Explain tax title opposition - Also mention subsequent CBO rescore that said the tax title added 100 billion to deficit

8 House FAA Reauthorization – ATC Concerns
Key concerns to cover: Board composition Access / Air service User fees being altered down the road No other foreign models privatized during NextGen process

9 Senate FAA Reauthorization – 1,500 Hour Rule
The 2013 Pilot Certification and Qualification Requirements for Air Carrier Operations Rule increase the minimum number of flight-training hours for commercial pilots from 250 hours to 1,500 hours, severely constricting and massively elongating the pilot training pipeline. Projected Pilot Shortage Senate Commerce Committee Chairman John Thune (R-SD) included language in the Senate FAA Reauthorization that would create additional structured training pathways for credit toward the airline transport pilot certificate (ATP) flight hour requirements. Air Service Reductions

10 FAA Reauthorization Bills – AIP Program

11 FAA Reauthorization Bills – NPE Reform
Non-Primary Entitlement (NPE) Program Background: Before AIR-21, State Apportionment received the total general aviation entitlement. AIR-21 increased the general aviation entitlement to 20% AIP gives each non-primary airport $150,000 in NPE grants annually. NPE grants can carry over for up to 4 years Unused money is redirected to the FAA for immediate re-allocation NPE Reform included in S.1405: Increases carry over from 4 to 5 years Creates NPE discretionary fund for carry over Authorizes the FAA to reduce the local match for certain non-primary airport projects to 5% Allows up to 4% of total NPE funds to be used for certain airport development at Disaster Relief Airports Key Findings in 2015 NPIAS Report: “The NPE has come at the expense of the state apportionment, which had been used to fund high priority projects within a state. Since the NPE is calculated first out of the General Aviation apportionment, the state apportionment has dropped each year.”

12 FAA Reauthorization Bills – PFC Fees
House Bill - H.R. 2997 Allows all airports to charge the $4.50 maximum PFC without as many restrictions. Expands the pilot program for PFCs at non-hub airports. Senate Bill - S.1405 Expands the pilot program for PFCs at non-hub airports. Related: The Senate's FY2018 THUD Appropriations bill increased PFC by $4.00 to $8.50 per passenger - but only for originating flights. The FY2018 omnibus did not include this provision.

13 FAA Reauthorization Bills – EAS Program
Number of airports in the Essential Air Service program, by state Senate Bill – S. 1405 FY18: $175 million FY19: $175 million FY20: $175 million FY21: $175 million *House EAS levels likely to change due to removal of ATC Privatization *Related: FY 18 Omnibus funded EAS at $155 million

14 FAA Reauthorization Bills – SCASDP
Small Community Air Service Development Program Funding and Gants Awarded 2002 – 2016 Senate Bill – S. 1405 FY : $10 million Related: FY 18 Omnibus authorized SCASDP AT $10 million

15 FAA Reauthorization Bills – Contract Tower Program
-Until FY2013 the Contract Tower Program was automatically funded by the FAA’s Air Traffic Organization. -When the budget sequester went into effect in 2013, the FAA opted to find some of its required sequester savings by slashing the nation’s Contract Tower Program. -Congress passed legislation to prohibit this and in every year since has included a line item in the transportation funding bill requiring the FAA to fully fund the Contract Tower Program.

16 FAA Reauthorization Bills – UAS Key Drone Policy Developments
UAS Integration Pilot Program (IPP) UAS Remote ID and Tracking Aviation Rulemaking Committee (ARC) Model Aircraft Exemption (Sec. 336) House Bill – H.R. 2997 Gives the FAA more flexibility to permit operations not permitted under current rules Authorizes package delivery within one year Extends test sites for another six years Starts rulemaking for Unmanned Traffic Management (UTM), or “ATC for drones” Drones privacy review Study on how to recover FAA costs on drones rules and oversight Senate Bill – S. 1405 Same as House bill Requires the development of risk-based standards for small drones. Requires a rulemaking for micro-drones (less than 4.4 lbs.) Study on what type of spectrum drones may use Requires the development of a safety exam for everyone age 13 or older wanting to operate a drone weighing over 0.55 lbs. Establishes fines and prison sentences for people using drones to interfere with aircraft and airports. Tanya’s user fee

17 Forecast & NASAO Updates
Midterm Elections FAA leadership and Congressional Committee Chairs Long-term FAA Reauthorization Infrastructure investment NASAO Updates Comprehensive training program NASAO Aviation Data Report Website NASAO Annual Conference State Aviation Journal, Drone Talk, e-Newsletters

18 National Association of State Aviation Officials
Mark Kimberling President and CEO (703) |


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