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Will EPA’s proposed emissions rule go up in smoke?

A cloudy haze of smoke surrounds back-to-back vehicles in stand-still traffic

The EPA’s proposed tailpipe regulations could reduce carbon emissions across all types of vehicles over the coming decades. While reducing emissions produced on the road can only be part of our national climate strategy, the EPA’s rule could be a boon for communities thanks to the benefits of zero emissions vehicles. However, recent opposition means this rule’s future could be at risk.

A cloudy haze of smoke surrounds back-to-back vehicles in stand-still traffic
Photo from Transportation & Environment

On April 12th, 2023, the Environmental Protection Agency (EPA) announced an update to federal vehicle emissions standards that could accelerate the ongoing transition to a clean vehicle future. While these new measures are an essential step forward, addressing vehicle emissions at the exhaust pipe alone is no silver bullet. As we found in our Driving Down Emissions report, we need to combine vehicle electrification strategies with transportation alternatives, like transit, walking, and biking, to make the most of the clean vehicle switch. The EPA has since released the text of the proposed rule, with comments closing soon—July 5, 2023.

When combined with another proposed rule that closed comments in mid-June, this rule would require that by 2032, two-thirds of cars and light trucks, 46 percent of medium-duty vehicles (such as delivery vans), half of all buses, and a quarter of all heavy-duty trucks sold would need to be zero-emission vehicles. The rule does not specify the fuel source to reach zero emissions, leaving the industry room to experiment with new solutions. 

The EPA estimates that just the new light-duty tailpipe regulations alone could cut down the U.S.’s carbon emissions by 15.5 percent. These sweeping regulations on new vehicles would take effect in 2027 and build off a decade of standards implemented by the EPA. 

The third and final phase

This recent regulation is the last phase of a three-step strategy to support the United States’ international commitments to limit emissions and slow the progress of climate change. The first two phases of the EPA’s tailpipe emission standards focused specifically on medium- and heavy-duty vehicles. Phase One (2011) of the greenhouse gas emission standards targeted medium- and heavy-duty vehicle (MHDVs) models to be made in the years 2014-2018 and set fuel efficiency and emissions standards for manufacturers, while Phase Two (2016) set even stricter standards for MHDVs for the model years 2019-2027. 

With the years of lead time provided, these regulations gave automotive manufacturers adequate time to slowly ramp up the production of cleaner vehicles. At the same time, they introduced standards that reduced both CO2 emissions and consumers’ fuel costs by increasing efficiency within the physical limits of traditional internal combustion engines.

Understanding the impact

Phase Three standards are heavily influenced by the rapid uptake of electric vehicles. Recent innovations in electric vehicle technology and the record federal investments in EV infrastructure in the 2021 infrastructure law and Inflation Reduction Act make the ambitious new standards a viable goal. 

The EPA estimates that Phase Three standards could save 7.3 billion tons of CO2 emissions from light duty vehicles between 2027 and 2055 and avoid 1.8 billion tons of CO2 from heavy-duty vehicles through 2055. That’s the equivalent of eliminating all greenhouse gas emissions from the entire current U.S. transportation sector for an entire year. Overall, the EPA estimates that the value of benefits, such as improved health outcomes and mitigated emissions, would exceed total costs by at least $1 trillion over the course of its existence. These improvements could only be made possible through widespread adoption and production of electric and other zero-emission vehicles, which the rule functionally requires.

The ongoing electrification transition is an opportunity to make equitable investments across all communities. You can take a look at our vision for America’s electric future in Sparking Progress, our report produced in collaboration with the Coalition Helping America Rebuild and Go Electric (CHARGE).

Let EPA know if you support cleaner vehicles

Despite the benefits these changes could bring to the nation’s overall health, air quality, climate, and communities disadvantaged by heavy-duty vehicle emissions, some powerful interests oppose the new rule. In May, 151 members of the majority party in the US House of Representatives signed on to a letter to denounce the new standards. Later, on June 7, 2023, Florida Senator Marco Rubio sent a letter to the U.S. Securities and Exchange Commission referencing the rule and arguing, contrary to the evidence, that EVs could pose a threat to the electric grid.

These attacks on clean air come at a crucial time, as the EPA is seeking comment on the rule through July 5, 2023. A strong tailpipe emissions rule, coupled with our recommendations to reduce vehicle miles traveled in the Driving Down Emissions report, could be a powerful force to combat climate change and increase the efficiency of the transportation system.

Ready to submit comments, but not sure what to say? Take a look at sample comments from NUMO and the California Air Resource Board.

Greener Fleets: How federal dollars can supply the demand for clean transit

Electric buses line up in a brightly lit warehouse with an American flag in the background
Electric buses line up in a  brightly lit warehouse with an American flag in the background
Image source: Proterra

The Low and No Emission Vehicles (Low No) program saw a big increase in funding in America’s historic infrastructure law, but an outdated and arbitrary requirement is pushing transit agencies toward buses that still pollute. Here’s how Congress and the Federal Transit Administration can avoid locking in emissions for years to come.

While scientists have rung the alarms on climate change for decades, the 2021 infrastructure law is American policymakers’ first significant response. While unfortunately allowing for much climate-damaging investment in highway expansion, the IIJA also invests significantly in public transit systems including $5.5 billion over its five-year appropriation period for the Low or No Emission Vehicle (Low No) program—six times more than the program’s previous five years of funding. As the title suggests, the Low No program helps transit agencies transition their fleets to low- and zero-emission buses. Additionally, the IIJA provided nearly $2 billion in funding over five years for the closely-related Bus and Bus Facilities Program. While these programs are record-breaking for their level of investments in clean buses and supporting infrastructure, this legislation has flaws that are holding the nation back from cleaning up the bus fleet.

In October of 2022, Transportation for America filed a Freedom of Information Act (FOIA) request with the Federal Transit Administration (FTA) for a synthesis of all applications submitted to the Low No and Bus and Bus Facilities programs in fiscal year 2022 (FY22). We wanted to better understand how the programs are serving U.S. transit agencies’ needs and supporting America’s climate goals and emission reduction efforts. What we found was worrying.

As we wrote in Greener Fleets, a white paper we’ve submitted to Congressional leaders, we found that the program encourages transit agencies to buy diesel hybrid and compressed natural gas (CNG) buses instead of zero-emission buses running on electricity or hydrogen. The root cause: 25 percent of the Low No program’s funding is reserved for low-emission (as opposed to zero-emission) projects. This is artificially constraining the supply of zero-emission funds, locking in unnecessary transit emissions for decades.

Low No is coming up short

Applications for grants in FY22 for zero-emission projects of the Low No and Bus and Bus Facilities programs were in extremely high demand, composing 86 percent of the combined two programs’ grant requests. 

The Bus and Bus Facilities program does not place constraints on fuel types when considering awards, focusing on the applicant’s project rating (Highly Recommended, Recommended, Not Recommended). Still, as shown in the graph below, zero-emission projects had a one in six chance of being awarded while consuming 83 percent of the program’s available funding.

Bar chart showing FOIA findings. Notable: over $2,780,000,000 was requested for no emission funding, but only $456,694,932 was awarded. Compare this to about $295,000,000 requested for low emission and $17,721,272 awarded.

The strong demand for zero-emission buses and facilities shows that transit agencies have gotten comfortable with relatively new electric and hydrogen bus products and are more ready than ever to invest in the zero-emission transition.

Bar chart depicting probability of winning a grant across all programs. Notably, low emission projects had a 100% chance of winning Low No funding, while zero emission projects had a 33% chance. On the Bus & Bus Facilities side, no emissions projects had an 18% chance, compared to a 27% chance for all other fuel types (low emission and traditional). More information in the paragraph below and in our white paper linked at the bottom of this post.

The Low No program is statutorily required to reserve 25 percent of available funds for projects using low-emission fuels, such as CNG, diesel-electric hybrid, and propane. In other words, even though 88 percent of applications were for no-emission buses and facilities, FTA was required to award 25 percent of the funding to more polluting low-emission projects. Due to this requirement, as shown in the graph above, nearly 100 percent of the low-emission projects received an award, while more than two-thirds of clean zero-emission applications were rejected. There weren’t even enough low-emission projects in the application pool to meet the 25 percent requirement.

We were concerned that this funding acceptance rate would encourage American transit agencies to give up competing for zero-emission funds (in extremely high demand), and instead apply for the less competitive low-emission funding. Based on early trends in FY23 applications, our concerns were justified. More transit agencies are competing for low-emission project funding than in FY22, putting them on track to deploy buses that will continue polluting for a decade or more, and slowing the development of an EV transit bus supply chain.

How did the 25 percent requirement come to be?

In 2015, the law that outlined the details of the Low or No Emission Vehicle program was passed by the U.S. Congress and Senate. Senator Toomey of Pennsylvania argued for a mandate to require funds be reserved for low-emission vehicles in the legislation. He successfully included a statutory requirement that 25 percent of the Low No program funding go to projects using low-emission fuels, such as CNG, a key product of Pennsylvania, whose natural gas production is second only to Texas. This statutory requirement to subsidize fossil fuels in an age of energy transition leads the IIJA to invest 1.4 billion over this 5 year authorization period in buses that still pollute.

Change the status quo

The Low No and the Bus and Bus Facilities programs are essential to ensuring American transit agencies can replace their aging bus fleets with low and zero-emission vehicles, and transit agencies are clearly eager to rise to the challenge. Congress can do more to ensure that these programs are working to accomplish emission reduction goals. They could start by eliminating the outdated and arbitrary requirement that 25 percent of Low No funding goes to low-emission vehicles. But they should go further: increasing funding for both programs to meet the overall demand for buses and facilities; creating incentives for both programs to leverage other funding sources; and increasing transparency of the program by making basic application and award information available on FTA’s website and looking for ways to simplify the application process. 

Ultimately, Congress and FTA should work together to form a vision for how the Low No and Bus and Bus Facilities programs can support American transit agencies in providing excellent transit service in our communities and converting their operations to zero-emissions rapidly enough to meet greenhouse gas reduction goals and improve air quality in the communities they serve.

Greener Fleets: Meeting the demand for cleaner transit

For more information on this problem and how to solve it, read Greener Fleets: Meeting the demand for cleaner transit.

A proposed bridge is haunting the Bay Area

A sunny hill filled with cheerful homes framed by a palm tree and blue sky

The Southern Crossing over the San Francisco Bay, proposed repeatedly over the past 77 years, has been rejected over and over again. Even as Reconnecting Communities funds will help Oakland study repairing the damage resulting from the interstate spur rammed through the heart of Oakland to serve as the eastern approach for this never-built bridge, the Southern Crossing shows how past choices continue to haunt the present—and future.

A sunny hill filled with cheerful homes framed by a palm tree and blue sky
The beautiful hillsides of the Bayview residential neighborhood in San Francisco. Image Source: Bayview Hunters Point Community Advocates

History of the Southern Crossing

The Southern Crossing is an additional Bay bridge highway crossing that has been proposed over a dozen times since the plan was developed (in 1946) by various departments of California’s state government. The proposed bridge would be the fourth bridge to cross the San Francisco Bay, partner to the built “northern crossing” pictured above in yellow. As shown above, the “southern crossing” would originate from the east side near Bay Farm Island (fed by a new interstate, I-980), cross to the west side, and land on the San Francisco peninsula in the Bayview neighborhood, at Hunters Point. The vision was to provide East Bay motorists on I-580 and Highway 24 with a direct connection to I-280.

Historical map of proposed Bay bridges. Description in first paragraph under "History of the Southern Crossing"
Map of proposed Southern Crossing Highway Bridge: Source: Wikimedia Commons

In 1961, the Southern Crossing bridge came close to construction, but white environmental activists concerned about the environmental degradation of the Bay prevented the project from moving forward. Even though the bridge was dead (for now), construction of I-980 moved ahead in the heart of Oakland, starting over two decades of work that would ultimately divide Black residents in West Oakland from downtown and demolish over 500 homes and nearly two dozen businesses and churches

Simple map with I-980 in red slicing between West Oakland and downtown Oakland
I-980 separates West Oakland residents from downtown. Image by OpenStreetMap.

In 1971, a bill for the construction of the Southern Crossing was passed in the California State Assembly by both houses but vetoed by then-Governor Ronald Reagan, who believed that the citizens of the Bay Area should weigh in on the decision to construct such an expensive and controversial infrastructure project. Voters rejected a bond measure in 1972 that would have paid for the construction of the bridge via a toll increase on existing bridge infrastructure by a three-to-one margin. Without the bridge, the finally completed, roughly two-mile stretch of I-980 ended abruptly at 18th Street, and in the decades that followed, the underused strip became little more than a redundant eyesore.

Every iteration of the Southern Crossing proposed across nearly eight decades has failed due to costs, environmental concerns, or interference with air flight operations from the nearby but now-decommissioned Naval Air Stations of Treasure Island and Alameda. But notably, never because of the desires of the low-income, historically Black and brown communities on either side of the Bay, as they have always been excluded from the project’s discussion and decision-making process.

State departments of transportation in the U.S. have a documented history of systematically targeting low-income communities of color, wiping them out with highway infrastructure construction. These development patterns have been repeated since the 1950s under the guise of urban renewal.  I-280 and U.S. Route 101 already surround the historically Black neighborhoods of Hunters Point and Bayview on the San Francisco side of the Bay, subjecting them to air pollution and water runoff and cutting them off from the rest of San Francisco. 

Hunters Point and Bayview collectively have 110,200 residents within approximately nine square miles—a population density of 12,762 people per square mile. The median home was built in 1966 and is valued at $690K. The construction of the Southern Crossing bridge could destroy hundreds of those homes and local businesses, a disproportionate number of which belong to low-income residents of color.

A path forward

Picture taken through a bus front window of a street lined with vehicles leading to the hills of Bayview and Hunters Point
Highway 101 and Interstate 280 separate Hunters Point and Bayview from much of San Francisco. T4A photo by Benito Pérez.

The San Francisco Bay has five highway bridges and an underwater tube carrying BART trains in each direction in separate tunnels. Billions of dollars have been spent to build this infrastructure, along with miles and miles of other interstates, highway connections, and arterial roadways. Even so, a 2017 Metropolitan Transit Commission (MTC) study found that Bay Area traffic congestion has only increased, going up by 80 percent from 2010-2017. Leaders continue to turn to new vehicle lanes to solve the congestion problem. Though the Southern Crossing proposal has never garnered the political support needed to proceed, since its inception in 1946, it’s been raised again and again to “solve” San Francisco’s traffic.

In 2017, Senator Dianne Feinstein (D-CA) revived the Southern Crossing proposal. The resulting 2019 joint study between the MTC and the Association of Bay Area Governments considered seven different scenarios to relieve traffic congestion based on growth projections by 2050. Only three of the options involved new bridges for vehicle travel, while six of the seven options were scenarios that involved transit solutions. The study found that the most cost-effective options were transit-only solutions, recommending these over the Southern Crossing highway bridge. 

Still, nearly eight decades later, no full, final decision has been made on the Southern Crossing bridge, which keeps the specter of a massive, destructive project hanging over both the region and specific neighborhoods.

Induced demand is the phenomenon where an increase in supply results in a decline in price and an increase in consumption. To frame this within the context of highway construction, adding more lanes to a roadway creates more space for vehicle travel, attracting more cars, and ultimately exacerbating traffic congestion. Learn more in our report The Congestion Con, and use the SHIFT calculator to find out how much more driving new lanes can produce.

In Oakland, residents like the advocates at ConnectOakland have pushed for years for a project to reconnect low-income communities of color divided by I-980,  which was intended primarily as a connection for the Southern Crossing. The Reconnecting Communities Program recently granted the city and Caltrans (California’s department of transportation) $680,000 to study possible projects to tackle the divisive and underused highway, including the possibility of removal, though that’s not necessarily the stated purpose of the project at this point. Clearly, once built, highways are difficult and expensive to remove—even when built to connect to a bridge that has ultimately never been built. But this study, funded by the first-ever federal program of its kind, is an important step towards repairing the damage wrought by I-980 and closing the longstanding divide.

Aerial view of I-980 with arrows showing possible connections across the entire route. Get a full description of the plan at the link in the caption below.
Proposed plan to reconnect West Oakland, from ConnectOakland.

Even as I-980 gets a chance at a new fate, as long as the Southern Crossing bridge refuses to die, it could threaten the best efforts to reconnect Oakland. Even as all facts point to the contrary, some are likely to say that this underutilized highway is still needed to feed an unbuilt bridge. To get the most out of the Reconnecting Communities dollars they’ve received, decision makers will need to stand firm in what has already been proven time and again—it’s time to put the Southern Crossing to bed.

Lessons for Community Connectors

Even when it’s over…it’s not always over. It can feel like a victory when a divisive infrastructure project is halted, but proposed projects like the Southern Crossing won’t always go away after being stopped once. Once these lines get drawn on official maps and planning documents, these projects are never truly dead—they’re just waiting for a different leader (or the availability of new funding, as with the infrastructure law) to bring them back to life. It’s hard to stop a proposed infrastructure project, but it’s even harder to stop one permanently.

Black man in hoodie walks down a long crosswalk in a wide open street, hemmed by the elevated I-980
Pedestrians navigate intersections surrounding I-980, elevated to the left, and the nearby arterial Martin Luther King Jr Way. Image from Google Maps street view.

The mere suggestion of divisive infrastructure can lead to harm. I-980 would likely have never been built without the proposal for the additional Bay bridge, Southern Crossing. This is one example of how divisive infrastructure can harm a community even before it’s built, or if it’s never built at all (here’s another example from Shreveport). Notably, the Hunters Point and Bayview neighborhoods on the San Francisco side of the Bay have survived decades of Southern Crossing proposals and still managed to attract investment such as the T-Third light rail line and the Indian Basin Waterfront Park, but original residents haven’t been properly protected and many were ultimately displaced by rising property values as demand for the area grew.

Include the voices of the community being impacted. As decision-makers weigh the options to reconnect communities divided by I-980 in Oakland, they should learn from their recent and past mistakes. Whether West Oakland or the Bayview and Hunters Point neighborhoods were destroyed or allowed to flourish, the residents of color that called these communities home were never included in the decision-making process. Any reconnection projects should include the voices and perspectives of Black and brown residents and ensure that these residents are able to benefit from the changes that are made.

Community Connectors: tools for advocates

You may be fighting against a freeway expansion. You may be trying to advance a Reconnecting Communities project to remove an old highway. You might be just trying to make wide, dangerous arterial roads a little safer for people to cross. This Community Connectors portal explains common terms, decodes the processes, clarifies the important actors, and inspires with helpful real-world stories.

Eliminating driver error doesn’t work. What does? Part III: The Seven E’s

Cities across the world are arriving at the same conclusion: the only acceptable number of pedestrian crash-related deaths is zero. How can state departments of transportation be part of the solution? In this third part of our blog series, we explore the seven E’s state DOTs should consider when making pedestrian safety infrastructure improvements.

When you are driving down a road that looks like the one above from Memphis, TN, what are you most likely to do? Increase your speed or drive slowly? T4America photo by Forever Ready Production

Changing roadway safety in design will take a change of culture in how Americans view pedestrians from behind the wheel. An essential part of this change in culture will come from how practitioners design our nation’s roadways. Who are we truly designing our roads for? For vehicles or for people?

This post is part III of a blog series, Eliminating driver error doesn’t work. What does? See parts I and II.

The Seven E’s

A comprehensive strategy is necessary to change our approach to road design. To guide state DOT safety efforts, some transportation professionals have suggested seven guidelines, or seven E’s. In part I of this blog series, our post covered the downfalls and areas of improvement for two of those E’s—education and enforcement. While education and enforcement have their place in roadway safety, they cannot be the top priority in a DOT’s approach. The remaining five E’s, evaluation, engagement, engineering, encouragement, and equity, are vital to our roadway’s safety-centric transformation.  

Proper evaluation of America’s roadways is required to create a foundation for change. Currently, there are no national standards for data collection and reporting of pedestrian crash-related deaths that are comprehensive and set tolerable safety goals. Without proper data collection standards, state DOTs are not able to fully comprehend the severity of the issue, or have insight into where the most dangerous roads are located. 

Community engagement has the potential to create inclusive, equitable grassroots movements that are fundamental in igniting the reform of state DOTs to create safer roads for all users, including pedestrians. When state DOTs engage with the local communities identified in their evaluation efforts, a more inclusive design process can evolve to meet the needs of those specific communities, in addition to their safety.

An example of effective community-generated programming is the 11th Street Bridge Park project. Throughout that project, which will build a pedestrian bridge over the Anacostia River, community engagement has been the central focus of the District’s DOT (DDOT). DDOT brought community members in from the very beginning and factored their feedback into the design process. The resulting community-generated programming of the pedestrian bridge includes outdoor performance spaces, playgrounds, urban agriculture, an Environmental Education Center with classrooms to teach students about river systems, public art that tells the rich history of the region, and kayak and canoe launches. 

The engineering of roads and streets directly impacts pedestrian safety and crash-related deaths. While there are myriad factors involved in these pedestrian crash deaths, our streets are designed to move many cars quickly at the expense of the safety of everyone who uses them. Roadway design strongly impacts how people drive, and it’s often more influential on driver behavior than the posted speed limit.

Smart Growth America’s Dangerous by Design report clearly outlines the American epidemic of deaths while walking and its direct relationship to the design of our roads.

Some DOTs, like NYCDOT, have been spurred on by the Vision Zero movement (read more about that movement in this prior blog post) and started implementing design-centered solutions to traffic deaths. NYCDOT’s recent report includes evaluations of specific design interventions and their impact on pedestrian safety. The image on the left recommends design schemes engineered to improve pedestrian safety and reduce crash-related deaths. 

Road designs that are engineered with safety as their priority complemented by transparent data reporting on their related reduced crash deaths are likely to encourage adoption across cities and states. Additionally, federal and state governments could financially incentivize the adoption of such road designs to further encourage safety improvements. 

Last and most definitely not least is the common thread that connects all of these themes together: equity. Everyone, no matter where they live, their income level, or the color of their skin should be safe while walking. When our streets are dangerous, the heaviest burden falls on communities of color. SGA’s Dangerous by Design report found that Black Americans and Indigenous Americans are particularly affected by unsafe roads for pedestrians, indicative of the road safety inequities these populations experience in their communities. To address these equity concerns, DOTs should prioritize change in communities that are most at risk.

What’s next?

State DOTs need to reprioritize how they think about public safety and the purpose of road design. Moving vehicles quickly at the expense of human life is not acceptable. The seven E’s can be repeated and contextualized across state DOTs, creating a framework for evaluating and responding to the endemic of pedestrian deaths. Collecting insights transparently, using the collected data to inform road design and safety improvements, and doing so in a systematic way, while prioritizing equity in all solutions, will help bring needed change.

You can learn more about how state DOTs can help create a transportation system that works better for everyone in Smart Growth America’s report Building a Better State DOT.

The incoming Congress still has plenty of transportation work to do

As the sun sets on the 117th Congress with the bipartisan infrastructure law under their belts, it is up to the 118th Congress to deliver meaningful oversight and leadership on implementing those funds and guide the future of America’s transportation system.

Legislators like Rep. Peter DeFazio (in focus) retired in 2023, turning leadership over to other members of the House Transportation and Infrastructure Committee. Source: Flickr/Committee on Transportation and Infrastructure Democrats

What did the 117th Congress accomplish?

When it comes to transportation policy, the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) collectively authorize nearly $700 billion in programs that directly touch America’s transportation industry or play a supporting role. 

The Infrastructure Investment and Jobs Act

The Infrastructure Investment and Jobs Act, known as the IIJA or 2021 infrastructure law, provides around $643 billion in new federal funding for a wide range of surface transportation infrastructure projects. (Get everything you need to know on this law here.) Congressional appropriators now decide (each year) how much of the law’s annual funding is allocated to its programs. While parts of the funding are virtually guaranteed by statutory formulas, legislators have some discretion and congressional appropriators are already maintaining the status quo at the expense of needed change.

For example, while the highway formula program received nearly all of its funding commitment (97 percent of the funds promised by the IIJA), other vital programs did not. The Active Transportation Infrastructure investment program would fund pedestrian sidewalks and cycling infrastructure, providing more choices in transportation, but it received $0 of the $200 million committed in the IIJA in fiscal year 2022 (FY22) and only $45 million funded in fiscal year 2023 (FY23). The Amtrak Northeast Corridor also received only 80 percent of what IIJA committed, while the national passenger rail network received only 66 percent of its expected funds.

While it’s good news that transit formula funds were at nearly 100 percent of the IIJA funding commitment, overall transit funding is still too low to keep up with the extensive transit repair backlog or the operational cost needed to fund America’s transit system. 

The Inflation Reduction Act

The IRA’s primary focus is on economic investment and innovation in reducing America’s carbon emissions, focusing on electric vehicles, buses, and other freight trucks. Electrifying our many different vehicle fleets is necessary, but this is not a sufficient step to curb our emissions without other investments in transit and changes to the transportation network overall. (Don’t miss the new report on that very topic from the CHARGE Coalition, of which T4America is a core member.) In this regard, the 117th Congress has failed to ensure a secure and efficient future for American transportation. The IRA’s goals for electrification will only be attainable if other policies are tapped to produce fewer and shorter vehicle trips, and fewer cars on the roads overall due to improved alternative modes of transportation. 

However, the IRA also codified the $3 billion Neighborhood Access and Equity Program, which can be used to cover highways or convert them into boulevards, add bike lanes or sound barriers, provide better connections to transit, build green stormwater infrastructure, and make roadway safety improvements. These programs build on the momentum of past projects that have reconnected communities, like this one in Milwaukee.

Click here to learn more about the IRA.

Transportation work is not over for Congress — far from it

While we now have a long-term authorization in place that shapes the broad contours of funding and policy, the members of the 118th Congress do not have the luxury of checking out on transportation. They have ample opportunities to build upon the previous Congress’s successes—and even improve upon their work and make up for past mistakes. Here’s where they can start:

Even in a divided and polarized House, there could still be opportunities to work together

The 118th Congress was sworn in on January, 7th, 2023 after a slight delay, as House Republicans struggled to cooperate to elect a new Speaker. However, in the compromise to elect Speaker McCarthy, a new House rule was adopted that will allow representatives to debate bills on the House floor before being called to a vote.

Given the realities of the slim majority Republicans possess in the House (eight seats, five of which are held by far-right representatives) analysts believe this rule could provide opportunities for moderate Republicans to reach across the aisle and work with Democrats on key transportation legislation and IIJA appropriations, which will continue to be debated year after year during the IIJA’s five-year lifespan. What gets 100 percent of the funding spelled out in the IIJA, and what gets a reduced share? Congress will decide.

Set better goals, measure progress

Congressional oversight is one of their most important responsibilities. To pass bipartisan legislation, Congress should strive for goal-oriented oversight. For example, the House Committee on Transportation and Infrastructure has an important role as a watchdog, and should be regularly asking whether or not this historic infusion of infrastructure funding is actually producing what was promised by their predecessors when it comes to the state of good repair, improving access and mobility, and other goals. Legislators (and the president) made hefty promises what this funding would accomplish, and this Congress should be asking hard questions about where the money is going.

They should also clearly define the transportation problems facing Americans, clearly restate the implementation goals of the federal transportation program, and investigate solutions supported by the programs in the IIJA and IRA. One smart way for Congress to accomplish this is through fact-finding oversight hearings. Fact-finding hearings feature one or more panels of witnesses who are selected for their expertise or their representation of a particular group. Developing goal-oriented policy in this manner could cultivate a collaborative atmosphere in Congress as they pass appropriations during these next two years of the IIJA’s funding lifespan. 

Take advantage of new opportunities

A proposal from Congressman Hank Johnson focuses on allocating funds to the operational budgets of transit systems to improve services and boost ridership. $20 billion provided annually over four years would provide more frequent service on bus and rail lines and prioritize improving service in areas where it is currently subpar, in disadvantaged communities, and in areas of persistent poverty. Funding under this bill would make “substantial improvements to transit service” working towards a more equitable America. 

Federal Aviation Administration (FAA) funding is set to expire in FY23 and should be low-hanging fruit for bipartisan action. While T4America focuses specifically on surface transportation, FAA authorization does present opportunities to integrate America’s airports with their surrounding urban transit, active transportation, and intercity passenger rail systems and leverage other funding provided through the IIJA.   

The bottom line

The next two years of this new Congress will help determine whether or not the historic funds in the IIJA and the IRA result in changes to our deeply embedded car-centric transportation network. 

The ability to capitalize on this moment of inflection depends on the House and Senate’s ability to collaborate and pass bipartisan legislation to meet the needs of the American people. Over the next two years, Congress should work together to increase funding for projects that advance mobility choice (i.e. rail, transit, and active transportation) while also addressing important issues of safety, equity, and reducing emissions. 

A new program to help communities thrive

For the Biden administration to achieve its goals, all communities will need to be able to take advantage of federal funds. But some cities, towns, and territories with limited resources face a steeper hurdle to accessing these dollars. The Thriving Communities Program is a small step in the right direction to ensure every community is set up for success.

All communities deserve an equal opportunity to obtain federal funds. Flickr photo by Ken Lund.

The 2021 infrastructure law, called the Infrastructure Investment and Jobs Act or IIJA, provides a wide range of funding opportunities for communities to access and leverage at their discretion. Given this structure, the IIJA has the potential to increase direct funding to local, tribal, and regional government entities. Direct access to funds could empower communities to pursue dedicated funding for projects most important to them at the local level, such as advancing equity, sustainability, safety, and connected communities. 

There are various requirements to be eligible to access the IIJA’s funds. These requirements are intended to ensure federal funds are used responsibly and with accountability. However, they also cause grant applications to be costly and time-consuming tasks.

This rigorous application process can exclude the very communities that need federal funding the most. That poses a challenge for the Biden administration, particularly in their ability to reach their goal laid out under the Justice40 initiative, which states that 40 percent of the benefits of certain federal investments will go to communities that are marginalized, underserved, and overburdened by pollution.

Even if a disadvantaged community is able to overcome the barriers of federal grant applications, having the resources to execute the funded project is a second hurdle to overcome. When a disadvantaged community lacks the resources to effectively administer their awarded grant, they risk being disqualified for future funding opportunities due to poor grant management. 

In order to make good on its goals for the transportation system, how is the administration closing these funding gaps?

Enter the Thriving Communities Program

To address the inequities in the grant applications process, the Biden administration created the Thriving Communities Program. Funded with $25 million through the Consolidated Appropriations Act of 2022, the U.S. Department of Transportation’s new Thriving Communities Program (TCP) aims to ensure that disadvantaged communities adversely or disproportionately affected by environmental, climate, economic, and human health policy outcomes have the technical tools and organizational capacity to compete for federal aid and deliver quality infrastructure projects that enable their communities and neighborhoods to thrive.

In addition to assisting with writing IIJA grant applications, the TCP will provide technical assistance, planning, and capacity building support to teams of communities who have historically experienced underinvestment and are awarded a grant. This will provide underinvested communities with the staffing or technical expertise required to scope, fund, and develop infrastructure projects that advance the community’s needs. The TCP will provide two years of deep-dive assistance to communities awarded IIJA funds. 

In total, the U.S. Department of Transportation (DOT) anticipates that its Thriving Communities Program will be able to fund and assist a minimum of 30 disadvantaged communities. The White House Council on Environmental Quality indicates that 30 percent of America’s population resides in what is defined as disadvantaged communities, based on socioeconomic, environmental, health, climate, energy, and infrastructure indicators.

The professional services offered by the TCP to selected communities would help community partners to plan and develop a pipeline of comprehensive transportation, housing, and community revitalization activities. There is no cost to receive these professional services and project planning support. However,  interested applicants must identify community partners and submit a Letter of Interest (LOI) by December 6, 2022 to be considered for selection.

The bottom line

The minimum 30 communities the USDOT anticipates funding through the TCP would only be a drop in the bucket, but it’s a small step in a positive direction for our nation’s communities. To build on these small beginnings, future federal appropriations should be allocated to expand upon this progress.

Without programs such as the TCP, the federal government would be unable to count on communities to help achieve fundamental goals, like Justice40. But in four years, the IIJA will expire, and the TCP could expire with it. To sustain local capacity building, the TCP should be permanently absorbed into the federal transportation program as part of the next infrastructure law. This will help ensure that federal funding is distributed equitably—not skewed to the communities with the most resources.

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