United States Department of Transportation
i
Special Legislation and Megaregion Transit Planning
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2020-09-01
[PDF-1.20 MB]
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Edition:September 2018–August 2020
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Abstract:Transportation law in many states has become highly inconsistent between jurisdictions, making cooperation more challenging. MRs present an opportunity to accommodate equity, congestion, and mobility issues by providing a connected multimodal environment where multiple modes can combine to respond with flexibility to changing needs. One way to improve the situation is to give additional force to existing state constitutional provisions against special legislation: a legal term that refers to legislation drafted to apply to only part of a class, usually a particular named person, thing, object, or location (municipality, county) within a given class. This project analyzed provisions within three MR states’ constitutions, legislation, regulations, and litigation surrounding special legislation (also known colloquially as bracketing) to map its breadth and determine if it has affected or restricted efficient multimodal mobility options. This report concludes with recommendations on how these provisions should be interpreted to facilitate good transportation policy, as well as some suggestions for how these issues might be reconciled legislatively.
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