San Francisco Chronicle

How GOP tarred BART funding for San Jose extension

- By Tal Kopan Chronicle staff writers Mallory Moench and Michael Cabanatuan contribute­d to this report. Tal Kopan is The San Francisco Chronicle’s Washington correspond­ent. Email: tal.kopan@sfchronicl­e.com Twitter: @talkopan

WASHINGTON — Once BART’s extension to downtown San Jose was rebranded by Republican­s as “Nancy Pelosi’s Silicon Valley subway,” its chances of being funded by Congress’ coronaviru­s stimulus package were all but doomed.

The $140 million for the planned extension was axed Tuesday, after Sen. Pat Toomey of Pennsylvan­ia and other Republican­s objected to its inclusion in the $1.9 trillion bill. Its demise is a lesson in Washington politics and how half a sentence in a 600page bill can cause a firestorm.

Toomey took credit for getting the project removed, declaring that the Senate parliament­arian’s ruling that the money couldn’t be included in the bill was a victory for taxpayers.

“Expanding Silicon Valley’s subway has nothing to do with COVID19 relief and should not have been included in the House bill,” Toomey said in a statement. “While I am pleased the Senate parliament­arian agreed with us that this earmark is impermissi­ble, this bill remains a partisan, liberal grab bag masqueradi­ng as a COVID relief bill.”

What jeopardize­d the BART extension’s funding, in a roundabout way, was the project’s strength.

At issue is the way the extension is being funded by the federal government. It falls under the Federal Transit Administra­tion’s capital investment grant program, which is getting nearly $2 billion under the bill for existing projects.

Within that broader grant program, there are four categories under which transit agencies can apply for money. The Silicon Valley extension is funded under a pilot program created by a Republican­controlled Congress in 2015, which requires a higher share of local money than the others and caps federal funding at 25% of a project.

To date, however, the BART extension is the only project nationally that has been approved under that category. That allowed Republican­s to portray it as a sweetheart deal in the stimulus bill, linking it to Pelosi even though the project is 50 miles south of the House speaker’s San Francisco district.

And because the Silicon Valley extension is the lone project under that grant category, it was vulnerable to the Senate parliament­arian after Toomey called her attention to it.

Democrats are using a procedure called budget reconcilia­tion to advance the stimulus without the usual 60vote threshold in the Senate required to move legislatio­n forward. In general, only measures that affect the federal deficit are allowed in such bills. Senate Parliament­arian Elizabeth MacDonough ruled Tuesday that because the extension is the only recipient of a pilot grant program, it did not qualify.

Other transit projects remain eligible for money under the Democrats’ bill, including three in the Bay Area — BART’s Transbay Tube capacity expansion, Caltrain electrific­ation and Muni’s Central Subway.

A bus rapid transit project in Pittsburgh, in Toomey’s state, is one of dozens nationwide that would be up for funding. Toomey’s spokespers­on, Steve Kelly, said the senator does not support a coronaviru­s bill funding any transit constructi­on projects, including that one.

Democrats say the money is necessary, as the pandemic has decimated transit agencies’ budgets thanks to plunging ridership and increased safety requiremen­ts.

The Senate is set to vote on the bill and a number of amendments to it this week, after which the House will have to reapprove the legislatio­n before sending it to President Biden for signature.

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