Last week, the US House of Representatives took a bold step in passing sweeping legislation that rethinks the US transportation framework towards fixing it first, safety over speed, connecting people to jobs and services, and going a step further towards addressing climate change plus equity and inclusion. All eyes are now on the Senate on how they package their existing subpar work on highways, decent work on passenger rail and safety, the bipartisan infrastructure framework, and the House’s INVEST Act.
The US House of Representatives took up the INVEST Act for floor consideration on June 30th, with major movement on the 149 amendments. Wrapping up amendment considerations by July 1st, the House took a vote on the INVEST Act, with a roll call vote of 221 yeas to 201 nays (with 8 not voting). With the bill’s passage, the House made a clear declaration towards fundamentally recalibrating America’s transportation program to work for the people and for the future.
Now as the House has taken their bold step towards transportation reauthorization, all eyes are on the Senate. To date, the Senate has released a highways title and a rail and safety title, but has yet to release a transit title. Adding into the reauthorization mix is the bipartisan infrastructure framework negotiated by 21 senators and the White House. What comes next for the Senate regarding transportation reauthorization is anyone’s guess at this point in time, but the clock is ticking towards the expiration of the FAST Act on September 30th, a mere 85 calendar days away.
As the focus turns to the Senate, we remain hopeful that their legislation will include concrete policies that address climate change, safety, maintenance and equity. Merely providing lip service to repair, climate, and equity while still building projects that produce the opposite would be an unjust use of taxpayer dollars, especially in our small towns plus rural and marginalized communities.
We congratulate the House of Representatives for passing the INVEST Act, a transportation bill that commits to a fix it first approach, prioritizing safety over speed, and connecting people to jobs and essential services—whether they drive or not,” said Beth Osborne, director of Transportation for America.
“Chairman DeFazio’s leadership has produced a bill that acknowledges needs—like repair, climate and equity—and seeks to fix past problems while updating the underlying programs to ensure we don’t just continue to make those problems worse. The bill commits to expanding and improving intercity rail, promoting vehicle electrification and providing more charging stations, making all users safer by establishing Complete Streets policies and approaches, and reconnecting communities divided by transportation infrastructure.
“We also want to recognize and thank Rep. Hank Johnson, who led the effort to extend transit into areas with little or no service and to provide new flexibility for transit agencies to use federal dollars to run more trains, more buses, in more places, to serve more people. We hope to work with champions like Rep. Johnson and Rep. Chuy García to strengthen our commitment to transit, invest in repairing transportation infrastructure, and make the transportation system cleaner, more efficient and more equitable.
“As the focus now turns to the Senate, we remain hopeful that their legislation will include concrete policies to address climate change, safety, maintenance and equity in the core parts of the program—not only in new add-on programs. Merely providing lip service to repair, climate, and equity while continuing to build projects that produce the opposite would be an unjust use of taxpayer dollars, especially in our small towns, rural places, and marginalized communities.”
The INVEST Act, which hits all three of Transportation for America’s three principles, is being considered this week on the House floor ahead of a final vote. There are a few key amendments being offered that could jeopardize these improvements, or further improve the already strong bill in support of our principles.
We heartily support the INVEST Act and encourage all representatives to vote for its passage, but well over 250 amendments were submitted to the INVEST Act to be considered before that final vote. We will be tracking the most notable amendments in a table below, but we want to draw your attention specifically to the seven amendments we will be paying careful attention to.
Transportation for America strongly supports five amendments to be included in the final bill:
Amendment #15 (Moulton): this amendment increases the PRIME passenger rail program funding by $5 billion total, to modernize and develop passenger rail service (especially critical and affordable interstate travel options) while also expanding existing rail corridors throughout the country.
Amendment #86 (Garcia (IL)): This amendment ensures that the street design manual used by all traffic engineers (the MUTCD) equitably accounts for all transportation users, especially cyclists and pedestrians. It furthermore directs the Secretary to update guidance on updating the MUTCD, targeting a four-year update cycle to ensure it stays current with evolving transportation needs.
The three following amendments from Rep. Hank Johnson would make changes to new and existing programs in the INVEST Act to help transit agencies run more buses and trains to serve more people. Rep. Johnson was proposing an amendment that would have created an entirely new program to fund transit operations, but it became clear that leadership is not allowing amendments to create entirely new programs at this point for the INVEST Act.
Amendment #133 (Johnson (GA)): This amendment increases the eligible funding for transit operating expenses from the Carbon Pollution Reduction Program up to 20 percent, allowing states to use these funds to make transit service more frequent and reliable—which has a notable impact on carbon reduction.
Amendment #139 (Johnson (GA)): This amendment prioritizes transit operations expenses in the Reducing Transit Deserts grant program by removing construction of maintenance facilities as an eligible expense. Maintenance facilities projects could swamp this small program and are eligible for funding elsewhere, while transit operations are harder to fund.
Amendment #148 (Johnson (GA)): This amendment makes expanding transit service hours and/or days an eligible expense for the Reducing Transit Deserts grant program. The underlying program only focuses on improving frequencies, but extending service hours is just as important for reaching more riders who need transit the most.
Transportation for America also strongly opposes two amendments and urges all reps to vote against these short-sighted proposals:
Amendment #144 (Perry (PA)): This amendment prohibits the use of funds to expand the Amtrak passenger rail network. At a time when communities across the country are clamoring for more connections and more options of all kinds—especially in places not well connected to airports or other interstates—this amendment is especially out of touch with the needs of Americans, both urban and rural alike.
Amendment #247 (Gibbs (OH)): This amendment allows state DOTs—such as the Ohio DOT in Rep. Gibbs’ home state, which spends next to nothing on transit service statewide—to seize transit funding and spend that money on highways, overriding local control and eliminating funds from documented local multimodal needs. It also prohibits using transit funds for art, non-functional landscaping, and sculptures—or for paying the cost of including an artist on the design team. This might seem pennywise but it’s incredibly pound foolish. Allowing a small amount of transit funding to support artists’ involvement leads to projects that are more responsive to their surrounding communities’ needs, better incorporate the desires of riders, and avoid a one-size-fits-all approach. Additionally, these funds support local artists’ small businesses, further benefiting the communities adjacent to transit projects.
Full table of amendments
Amendment Number
Sponsor(s)
Description
Theme
Our Position
Vote Format
Outcome
1
Langevin (RI), Titus (NV)
Requires the Department of Justice, in addition to the Secretary, to adopt the U.S. Access Board's Public Right-of-Way Accessibility Guidelines as enforceable standards. This will strongly influence the built environment to be designed and built to be more accessible and inclusive for persons with disabilities.
Equity / Accessibility
Support
En Bloc 1
PASSED
3
Espaillat (NY), Nadler (NY), DeSaulnier (CA)
Allows local transportation agencies, in addition to MPOs, to be direct aid recipients of Metropolitan Performance Program funding. This allows direct, local and regional deployment of federal funds towards transportation needs.
Local Control
Support
En Bloc 4
PASSED
10
Norcross (NJ)
Requires all Electric Vehicle Supply Equipment (EVSE) projects funded directly through the Federal Government to be performed by qualified electricians with Electric Vehicle Infrastructure Training Program certification.
Increases the Passenger Rail Improvement, Modernization, and Enhancement (PRIME) program funding by $5 billion over the life of the bill, helping to modernize and develop passenger rail service (especially critical and affordable interstate travel options) while also expanding existing rail corridors.
Passenger Rail
Support
En Bloc 4
PASSED
18
Velázquez (NY)
Revises the Climate Resilient Transportation Infrastructure Study to guarantee that residents of public housing and of other HUD-designated affordable housing programs are considered and benefit from resilient infrastructure investments. Further revises the study to consider the needs of and create opportunities for individuals registered with a one-stop career center in the climate resilient workforce.
Equity / Resiliency
Support
En Bloc 1
PASSED
28
Ocasio-Cortez (NY)
Revises SEC. 1309(g) of the Active Connected Transportation grant program to direct the Secretary of Transportation to consider the extent to which a project would serve low income residents of economically disadvantaged communities when making grants.
Equity / Active Transportation
Support
En Bloc 1
PASSED
30
Nehls (TX)
Strikes Division D of the bill (rail title). This would in essense, defund all rail infrastructure investment.
Passenger Rail
Oppose
Standalone
Not offered
33
Auchincloss (MA), Huffman (CA), Moulton (MA)
Provides municipalities with the ability to create and expand new mobility options, including on-demand public transportation projects.
Local Control
Support
En Bloc 1
PASSED
46
Perry (PA)
Strikes section 1303, which establishes a clean corridors program to provide formula funding for EV charging and hydrogen fueling infrastructure. This would in essence, would keep us running a status quo on transportation energy sources that focuses exclusively on fossil fuels.
Electric Vehicles
Oppose
En Bloc 3
Failed
55
Titus (NV), Moulton (MA)
Amends the Railroad Rehabilitation and Improvement Financing program to add rail carriers engaged in high-speed rail activities under the eligible entities for credit risk premium subsidy payments. Much like buying a home with little money down, there is a mortgage insurance premium paid; this amendment helps to provide financing to offset that insurance cost to finance passenger rail infrastructure projects.
Passenger Rail
Support
En Bloc 1
PASSED
84
Levin, Andy (MI), Ocasio-Cortez (NY)
Amends eligible project considerations under Sec. 1303 Clean Corridors Program to include considerations for promoting efficient dwell times and amends Sec. 1303 Clean Corridors Program to include requirements for the provision of information on charging station placement through mapping applications. In essence, this amendment looks to ensure that charger turnover needs are considered in the design and placement, while also publicizing location information through consumer mapping tools.
Electric Vehicles
Support
En Bloc 1
PASSED
86
Garcia, Jesús (IL)
This amendment ensures that the street design manual used by all traffic engineers (the MUTCD) equitably accounts for all transportation users, especially cyclists and pedestrians. It furthermore directs the Secretary to update guidance on updating the MUTCD, targeting a four-year update cycle to ensure it stays current with evolving transportation needs.
Safety / Equity / Standards
Support
En Bloc 4
PASSED
87
Castor (FL)
Expands the Congestion Mitigation and Air Quality Improvement (CMAQ) program to allow funding to be used to offset the incremental cost of zero-emission medium- and heavy-duty vehicles, related zero-emission operations equipment, battery electric charging or fuel cell electric refueling infrastructure, and related infrastructure investments.
Electric Vehicles
Support
En Bloc 4
PASSED
103
Torres, Norma (CA)
Raises authorization level of the Transportation Equity Research Program to $8,000,000 and gives DOT flexibility to conduct research. This will fund needed research to better understand and develop best practices on incorporating equity and inclusion into the transportation program.
Clarifies that projects to deck over a limited-access highway are eligible for funding under the Reconnecting Neighborhoods Program, a program focused on remediating economically-disadvantaged and historically excluded communities and emphasizes projects that provide for inclusive economic development.
Equity / Connectivity
Support
En Bloc 1
PASSED
118
Crow (CO), Torres, Ritchie (NY), Moore (WI)
Ensures historically excluded communities are considered in the expansion of electric vehicle charging infrastructure deployment.
Equity / Electric Vehicles
Support
En Bloc 4
PASSED
133
Johnson, Hank (GA)
This amendment increases the eligible funding for transit operating expenses from the Carbon Pollution Reduction Program up to 20 percent, allowing states to use these funds to make transit service more frequent and reliable—which has a notable impact on carbon reduction.
Public Transit
Support
En Bloc 4
PASSED
139
Johnson, Hank (GA)
This amendment prioritizes transit operations expenses in the Reducing Transit Deserts grant program by removing construction of maintenance facilities as an eligible expense. Maintenance facilities projects could swamp this small program and are eligible for funding elsewhere, while transit operations are harder to fund.
Public Transit
Support
En Bloc 4
PASSED
144
Perry (PA)
This amendment prohibits the use of funds to expand the Amtrak passenger rail network. At a time when communities across the country are clamoring for more connections and more options of all kinds—especially in places not well connected to airports or other interstates—this amendment is especially out of touch with the needs of Americans, both urban and rural alike.
Passenger Rail
Oppose
En Bloc 3
Failed
148
Johnson, Hank (GA)
This amendment makes expanding transit service hours and/or days an eligible expense for the Reducing Transit Deserts grant program. The underlying program only focuses on improving frequencies, but extending service hours is just as important for reaching more riders who need transit the most.
Public Transit
Support
En Bloc 4
PASSED
151
Perry (PA)
This amendment would strike the FTA Capital Investment Grant Program, which is used to provide funding for fixed guideway
investments such as new and expanded rapid rail, commuter rail, light rail, streetcars, bus rapid transit, and ferries, as well as corridor-based bus rapid transit investments that emulate the features of rail. This would starve public transit system of much needed capital funding to replace their assets and expand their transit network.
Passenger Rail
Oppose
En Bloc 3
Failed
157
Moore (WI)
Increases the percent set-aside for Low and Moderate Community Grant program within the Zero Emission Bus Grant Program from 10 percent to 15 percent. This will help communities tight on resources to be able to afford to purchase zero emission buses and charging infrastructure with additional federal support.
Promotes the domestic manufacture and use of advanced, fuel-efficient vehicles and zero-emission vehicles, and encourages electrification of the transportation sector. This will help promote electric vehicle technology as an augmentation of the existing vehicle experience (and getting people to touch, feel, and experience electric vehicles), while bolstering a growing domestic manufacturing industry.
Strikes Section 1201's requirements that states prioritize state of good repair needs over constructing new highway capacity. Outright bad policy to keep on building new roads while the existing roads continue to fall apart. Talk about a huge safety risk and a hit on our wallet with congestion and accelerated vehicle damage. A new road in a sea of crumbling infrastructure, it won't get you far.
Maintenance
Oppose
En Bloc 3
Failed
237
Jackson Lee (TX), Espaillat (NY)
Provides local governments more control over where the funds for the new "Safe Streets" program are spent, by requiring state Departments of Transportation to consult with the local governments before carrying out these complete streets’ projects. The “Safe Streets” program uses sets aside safety funds to reduce fatalities and serious injuries on public roads, with a focus on vulnerable road users such as pedestrians, bicyclists, scooters users, and motorcyclist. Very often, funding is steered by State DOTs without recognizing or consulting the on-the-ground local experience. This amendment looks to get local governments at the table as to where this funding is spent towards complete streets.
Local Control / Safety
Support
En Bloc 4
PASSED
247
Gibbs (OH)
This amendment allows state DOTs—such as the Ohio DOT in Rep. Gibbs’ home state, which spends next to nothing on transit service statewide—to seize transit funding and spend that money on highways, overriding local control and eliminating funds from documented local multimodal needs. It also prohibits using transit funds for art, non-functional landscaping, and sculptures—or for paying the cost of including an artist on the design team. This might seem pennywise but it’s incredibly pound foolish. Allowing a small amount of transit funding to support artists' involvement leads to projects that are more responsive to their surrounding communities' needs, better incorporate the desires of riders, and avoid a one-size-fits-all approach. Additionally, these funds support local artists' small businesses, further benefiting the communities adjacent to transit projects.
Placemaking / Local Control
Oppose
En Bloc 3
Failed
251
Brady (TX)
Revises the Railroad Rehabilitation and Improvement Financing program to add new conditions of assistance for loans and loan guarantees issued through the program. This only will add burdensome hurdles and complicate a critical program aimed to help finance rail infrastructure.
Passenger Rail
Oppose
En Bloc 3
Failed
261
Tiffany, Thomas (WI)
Stipulates that no funds made available from the Highway Trust Fund may be expended for any purpose other than road and bridge construction. This short-sighted amendment would starve off funding from a significant portion of our transportation system, including our rail network, public transportation, active transportation infrastructure. Additionally, this amendment would starve off funding from critical research and education programs that advance transportation efficiency and safety.
As more Americans begin returning to work and daily life, we need transit to be there, running reliably and frequently, getting us where we need to go. There’s an exciting new proposal to fund increased transit service across the country, but time is short to build support for this important legislation.
Photo by T4 supporter Richard Rabinowitz.
While the INVEST 2.0 awaits a vote by the full House later this month, there are ongoing efforts to make further improvements to that already strong bill. Rep. Hank Johnson’s (GA) Stronger Communities through Better Transit Act is a must-have bill that would produce higher quality transit in communities of all sizes across the country. This vital piece of legislation would create a new program to fund transit operations costs, available to all transit agencies, rural and urban, in order to:
Increase service frequency so that people don’t have to wait so long for the bus;
provide additional hours of service so that those who don’t work white-collar hours can still get to their jobs; and
add new, frequent service to underserved communities in the region.
We have a tremendous chance to build an engine for equitable economic growth across the country through more robust transit service and systems. The more support this bill gets, the more likely that House leadership will include it in whatever final transportation and infrastructure product they consider later this month.
The Stronger Communities Through Better Transit Act is a game changer: 💰Authorizes $20 billion annually for FY2023-FY2026 🚍 Requires funds be used for projects that that boost frequency of buses, trains and increases routes ✅ Requires funding go to underserved communities pic.twitter.com/Ys0MzW2M9q
— Rep. Hank Johnson (@RepHankJohnson) June 9, 2021
Why we need more funding for operating transit
For decades, not only has transit gotten only 20 percent of federal transportation funding, but that funding has been limited by Congress to only maintenance and capital needs—not the day-to-day costs of running trains and buses. This moratorium was lifted for rural transit agencies in 1998, though it’s not a big benefit to rural transit agencies to make them choose whether to fund existing service or develop additional service with their limited funds. They don’t need flexibility: they need more robust funding. Beyond these rural agencies, large and mid-sized agencies still do not receive any operating funds, which make up two-thirds of public transportation’s costs.
This has to change in order to create the equitable and sustainable transportation system necessary to connect everyone to opportunities.
It wasn’t always like this. In the 1970s and 1980s, the federal government matched as much as $1 of operating assistance to transit agencies for every $2.25 provided by local and state governments, as we wrote with partners in this report. The current federal focus on only capital needs instead of providing quality service, leads many transit agencies towards spending “large quantities of federal funds upgrading or extending a handful of routes while neglecting the broader network of service,” and as a result, “ridership stagnates or shrinks.” In fact, following the stimulus bill in 2009, numerous transit agencies received money to buy new buses or railcars at the same time they were cutting service and laying off employees because of the Great Recession, putting many agencies in the ludicrous position of having tons of money to buy vehicles they could not afford to operate.
All Americans—no matter where they live—deserve transportation options that are convenient, affordable, sustainable and safe. But this arcane policy makes it an uphill climb for transit agencies to deliver that kind of service. In fact, fewer than 10 percent of Americans live within walking distance of transit that runs every 15 minutes or less, TransitCenter found.
The lack of operating support for public transit—and the severe underfunding of transit in general—also doesn’t impact everyone equally. People of color make up 60 percent of transit riders. Of that, 24 percent are Black Americans. In addition, 19 percent of Black households have no access to a vehicle, compared to 9 percent of households nationally with no vehicle access.
“A transit system that truly works has to be frequent and reliable,” said former Transportation Secretary Rodney Slater in a recent op-ed. “People should be able to depend on a bus coming every 10 minutes, no matter where in the country they live.”
Imagine a United States where every community has convenient, reliable, frequent transit service that can safely and conveniently get you to work, school, shopping, church or anywhere else you need to go; where you don’t need to spend thousands of dollars per year owning and operating a car if you don’t want to or can’t afford to. Putting millions more Americans within reach of frequent transit service is possible, and Rep. Johnson’s bill is our best opportunity to start to realize that vision.
Use the form above to tell your representative to support this bill.
Ed. note: the second half of this post was adapted from this related post we wrote back in May.
With the House’s INVEST in America Act being considered in committee on Wednesday, it’s a good time to look at what else beyond our core three principles in the bill are worth praising and potentially even improving.
Photo of Metroway (bus rapid transit in Northern Virginia) by BeyondDC on Flickr’s Creative Commons.
Most of the time, when we evaluate long-term transportation policy proposals or infrastructure bills from Congress, we start with a “good, bad, and ugly” post, but this House bill doesn’t fit well into that rubric. There’s a lot of great, some good, a few things that could use further refinement, and a couple of missed opportunities; but nothing that falls into the category of “bad,” much less “ugly.” It also has a lot of the same language in the INVEST Act introduced in the last Congress which stalled before a Senate vote, which also went 3 for 3 (after some modifications) on our scorecard.
With that in mind, here are nine specific things in the House bill (INVEST 2.0 for shorthand) that we wanted to highlight. Bear with us, this is a longer post!
1) Avoids the Senate’s cardinal sin of creating small, new programs to fix mistakes actively being perpetuated by the larger, unchanged, status quo transportation program
The overall approach of the last 30 years has been to create small, exciting new programs to fix established problems (safety, pollution, etc) while allowing the much larger core program to exacerbate and further those same problems. This was our biggest complaint about the Senate’s bill from a few weeks ago.
If you want to create a program to fix the issues created by running interstates through neighborhoods, you should also stop actively running interstates through neighborhoods. Or consider the issues of repair and maintenance. As we noted in our scorecard post, this bill doesn’t just create some new repair programs, it requires states to produce a plan to maintain any proposed new capacity while making progress toward their state of repair goals anytime they spend money from the biggest pot of highway funding. That’s the kind of new approach that the Senate completely missed, but the House is proposing to implement for key issues like repair, climate change, and others.
2) It recognizes that transportation is primarily about people and connecting them to what they need
The current federal transportation program does not require that states actively improve access to jobs and services for the real people who use the system every day. Say what? This is why the bulk of current transportation funding goes toward increasing vehicle speed, a “goal” that focuses on concrete and steel instead of the needs of actual people and where they need to go. This House bill kickstarts a huge shift toward focusing on people instead of vehicles by instituting a new performance measure that requires project sponsors to improve access to jobs and services by all modes.
Under the House bill, state departments of transportation and regional planning organizations would have to measure whether all people traveling (not just driving) can reach jobs, schools, groceries, medical care, and other necessities. Further, states and MPOs would have to project the impact their projects would have on access and USDOT will review and publicly report their targets and progress. USDOT also has to collect that data and make it available to help with the measurement of multimodal access, and there are requirements to analyze the accuracy of the models and update direction to states and MPOs on how to improve access.
While seemingly minor and perhaps a little wonky, this would mark a big shift in how transportation projects are evaluated. Measuring access—not vehicle speed—is a people-first way to consider the impact of the billions we spend on transportation each year. With this, we can create more equitable access to economic opportunity, lower transportation costs, and reduce emissions and the damaging climate and health impacts of them.
3) Nails all three of T4America’s core principles
Click to read our scorecard post
As we’ve done with every infrastructure proposal or long-term policy proposal for the last few years, we’ve produced a scorecard to evaluate how it starts to redirect transportation policy toward T4America’s three core principles of 1) maintaining the current system, 2) protecting the safety of people on the roads, and 3) getting people to jobs, schools, groceries and health care. This bill nails all three of these principles Read more about how the House bill advances these three simple priorities in this post with the scorecard.
4) Advances our proposal to start tearing down divisive infrastructure and repairing the damage
Since 2020, with help from Third Way, T4America has been advancing a policy to undo the damage of “urban renewal” projects that have displaced more than a million Americans since construction of the Interstate Highway System and that continue to harm communities of color today. Our plan focuses heavily on creating a competitive grant program to redesign or deconstruct things like divisive highways, and creating strategies to prevent displacement so that this work generates wealth for the communities that suffered most, in addition to a few other strategies.
What the sunken, divisive Rochester Inner Loop used to look like, before being filled in and replaced with a surface boulevard. The House bill would kickstart efforts like this across the country. Flickr photo by Friscocali
The House runs with our proposal through a $3 billion ($600 million a year) Reconnecting Neighborhoods program, which is six times larger than a similar proposal in the Senate bill. This program will analyze neighborhood barriers (like interstates) and identify candidates for remediation, repurposing, or removal. In addition, part of that money can also be used to establish a community advisory board or a land trust to preserve the new wealth for those most affected by the divisive infrastructure. There are some details we’d like to enhance, but this idea has gained incredible traction over the last year and we are excited about the possibilities for the future.
5) Recognizes that you must address climate change within the entire transportation program
Download our report on lowering emissions through better land use and transportation
Transportation is the largest source of carbon emissions in the United States, and the majority of them come from driving. The bill addresses the entirety of the transportation program by establishing a new greenhouse gas performance measure and requiring states to set positive targets to reduce emissions. It gives states the latitude to figure out their own preferred path to hitting those targets, but we know that infrastructure investments that give people more options than hopping in the car are key to reducing these emissions. INVEST 2.0 creates programs to fund these projects at both the state and city levels.
While making it easier to drive less overall should be central to our short-term climate and transportation strategy, we do need to accelerate the transition to electric vehicles as well. This is why we’re part of a unique coalition called CHARGE—the only “electric vehicle” coalition where improving and expanding public transit is the first priority. This bill creates a new program to build electric vehicle charging stations along corridors and sets standards to require them to be open to the public and work with all kinds of electric vehicles.
There are also some good provisions targeted at making the transportation system more resilient to climate change and making resilience an eligible use in the largest highway programs. One place where the bill could be improved is to require resilience to be built into the design of all projects.
6) Measuring access to jobs and services is one of the best ways to address equity, but this bill includes others
As noted above, requiring agencies to measure and improve access to jobs and services for all people is perhaps the single greatest change to remake transportation policy in a more equitable way. But INVEST 2.0 would also improve equity in other ways—something we wrote about at length last summer in the context of the House’s very similar 2020 proposal. Prioritizing access, investing in more and better transit, building safer streets for people, and investing in what we have would all have an impact on equity. Considering the similarities between that bill and this year’s INVEST in America Act, that evaluation still stands.
7) Support for expanded national passenger rail
Sen. Roger Wicker (R-MS) addresses an enormous crowd in Gulfport during a rally for restoring Gulf Coast passenger service. Photo by Steve Davis / T4America
Expanding and improving our nation’s passenger rail network to bring better, more reliable passenger rail service to more people is one of the best ways to improve access for millions of Americans in big urban areas and small rural ones alike. This bill creates a new $5 billion a year program for high speed and intercity rail investments, triples the funding for the existing program for improved safety and efficiency in passenger and freight rail service, and funds Amtrak at $32 billion over the life of the bill.
The House incorporated several of our other recommendations, including updating the Amtrak Board to have better representation from riders and the national network as well as the Northeast Corridor. More importantly, it allows for the formation of more multi-state rail commissions like our partners the Southern Rail Commission, which has been the key to (almost!) restoring passenger service along the Gulf Coast, and provides funding for them to operate.
There is some opportunity to strengthen the authorities for the Federal Railroad Administration and the Surface Transportation Board to prevent the freight railroads from obstructing or interfering with that service.
8) A strong commitment to transit…
INVEST 2.0 provides over $21 billion for transit, a sizable increase over the current $13 billion program, and it also includes some funding for operations—a major win, as operations funding has typically been a no-go with federal funds. Funds from the Congestion Mitigation and Air Quality program and even the core Surface Transportation program can be used for transit operations. There’s also a new one-time competitive grant program to support capital and operations costs associated with addressing transit deserts through better, more frequent transit service.
Improving service frequency is a big focus of the bill. There is a new $100 million competitive grant program for transit agencies collaborating with state or local governments to increase bus frequency and ridership by redesigning urban streets to better move transit (and more people) in congested areas. There is also a change to the funding formula that prioritizes frequency.
9) But with opportunities for greater improvements on transit
While the bill makes some important changes and does slightly increase its share compared to highways, the bill does not hit T4America’s priorities of equalizing transit funding with highway funding, nor does it create long term support for keeping transit running. We will be once again turning to leaders on Capitol Hill to move these efforts forward. Rep. Jesus “Chuy” Garcia of Illinois has led the effort to invest in transit as strongly as we do highways, and we hope he uses this bill as an opportunity to push that effort forward.
On the operations side, Rep. Hank Johnson of Georgia is leading an effort to create a federal program for transit operating support. The Stronger Communities through Better Transit Act would create a new grant program available to all transit agencies, rural and urban, to increase service frequency so that people don’t have to wait so long for the bus; to provide additional hours of service so that those who don’t work regular hours can still get to their jobs; and to add new, frequent service in the region. We are proud supporters of that bill and we encourage you to tell your House rep to join Rep. Johnson as a sponsor.
Late last week the House released their new five-year proposal for transportation policy and spending, known as the INVEST in America Act. By focusing on making tangible progress on outcomes like repair, safety, climate change, and access to jobs and services—rather than just asking for more money for more of the status quo—House leaders have again proposed a paradigm shift in how we spend transportation dollars and measure what they accomplish.
The first, most important thing to know about the new Invest in America Act is that it’s quite similar to the INVEST Act, which was approved by the House in the last Congress but which failed to advance to the Senate. This new bill picks up where the INVEST Act left off, repeating almost all of the good provisions and making improvements. As we said in our statement last Friday about the bill, “this is a paradigm shift from the approach of the last 30 years of proposing small, exciting new programs to fix recognized problems while allowing the much larger core program to exacerbate and further those same problems.”
It’s the kind of fundamentally new approach we need.
As we’ve done with every infrastructure proposal or long-term policy proposal for the last few years, we’ve produced a scorecard for the bill to measure how the Invest in America Act starts to redirect transportation policy toward T4America’s three core principles of 1) maintaining the current system, 2) protecting the safety of people on the roads, and 3) getting people to jobs, schools, groceries and health care.
1) Prioritizes maintenance first in nearly every program
We can’t keep choosing to expand with no plan to maintain. We’ll never make progress on our infrastructure if we don’t start prioritizing the care of the valuable assets we’ve spent decades and billions of dollars building.
As we wrote last summer, we’re “expending money we don’t have to build roads we can’t afford to maintain which fail to bring the promised economic returns—all while neglecting repair needs.” While our preference would be to cut maintenance backlogs in half by dedicating formula dollars to maintenance, this bill finally brings the kind of focus on repair that we need, pushing transportation agencies to prioritize maintenance across the board in core programs—the most important way to make repair a priority—while also creating some new repair programs. This stands in sharp conflict to the Senate approach which favors providing state DOTs the flexibility to ignore their repair needs in order to build new things they can’t afford to maintain.
As an example of that approach, for one of the two largest programs typically used on highways (the National Highway Performance Program), this bill requires project sponsors to have a plan to maintain any proposed new capacity while making progress toward their state of repair goals. Overall, this bill maintains the INVEST Act’s language requiring a long-term maintenance plan for any proposed new capacity project and a record of improving their state of repair, includes a provision requiring states to spend no less than 20 percent of their main highway programs on bridge repair, creates a new programs to fix bridges and a $1 billion program for repairing rural bridges, adds a unique program to prioritize replacing the oldest buses, and creates other new programs focused on the maintenance of rail crossings, bridges, and tunnels.
2) Institutes a comprehensive approach to safety
Designing for safety over speed is our second principle, with a call to save lives with road designs that support and encourage safer, slower driving.
The conventional approach to designing highways—wide lanes and wide roads to allow for high speeds—has resulted in the highest number of people being struck and killed while walking and biking in three decades, in addition to a record rate of in-vehicle fatalities in 2020 as traffic evaporated and speeds increased. Our roads are deadly by design, and safety needs to supersede moving cars fast at all costs.
Last summer’s INVEST Act was strong on this count, and this bill maintains almost all of that positive language, which might be easiest to digest in a list of bullets:
It removes states’ current ability to set negative targets for safety, i.e, planning for more people to die on their roads next year with the money they spend. This stands in stark contrast to the Senate bill which continues to provide states with the “flexibility” to continue with this practice, with no penalties and certainly no concrete, accountable goals for saving lives and reducing deaths.
It will no longer require states to use the unreliable sorcery of traffic modeling that so often results in prioritizing speed and vehicle throughput over peoples’ lives.
The Transportation Alternatives Program, which is used to make walking and biking safer and more convenient, is popular and oversubscribed in almost every state, where localities have to apply to the state for funds. Yet some states either sit on this money or transfer it into conventional road-building projects, a practice which will be curtailed by this bill.
The Highway Safety Improvement Program (HSIP) gets a new focus on vulnerable users and a push toward what’s known as a safe systems approach.
To create plans for Complete Streets and Vision Zero plans—an effort to completely eliminate traffic fatalities, in part through street design—states would be able to use a variety of federal funds for those efforts, including the HSIP program above.
Lastly, the 85th percentile rule for setting speed limits gets tossed, and states would instead be required to set speed limits with a consideration of the community surrounding the corridor, the number of bicyclists and pedestrians, and crash statistics (as opposed to just traffic conditions). Right now (with the 85th percentile rule), speed limits are set by how people behave; so if you build a wide street and people drive too fast, the speed limit is often raised to accommodate the rule breakers, showing just how pernicious the focus on speed over safety is with the current program.
This bill will most certainly create a safer transportation system and save lives. We may dive into the safety provisions in more detail in a longer post, so stay tuned.
3) States and metro area planners must determine how well their system connects people to jobs—drivers and non-drivers alike
If the goal of transportation spending is to connect people to jobs and services, then that must be measured and considered when funding decisions are made. Our third principle is measuring transportation success by how many jobs and services people can access, rather than the blunt and outdated assumption that cars being able to drive fast on specific segments of road equals success.
As with the INVEST Act last summer and for the first time at the national level, recipients of federal transportation funding will be required to measure how well their system connects people to the things they need, whether they drive, take transit, walk or bike. State DOTs and MPOs must consider whether people traveling (not just driving) can reach jobs, schools, groceries, medical care and other necessities, collect that data, and also make it available. And they will be penalized if they fail to use federal funding to improve that access.
This is truly groundbreaking stuff, and while there’s far more under this umbrella to highlight in a longer post, this represents a massive shift to how we currently spend money on transportation, which is largely unhinged from producing any sort of measurable improvement in access for everyone who uses the system.
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We will be taking some longer looks in a follow-up post at how the bill will impact other important areas beyond our three principles, like climate, equity, transit, passenger rail, and others, so stay tuned.
The House Transportation & Infrastructure Committee’s proposal for long-term transportation policy makes repair, safety, climate change, and access to jobs and services core goals for the bill’s spending, rather than just nice add-ons— taking a dramatically different approach than the Senate’s long-term proposal.
WASHINGTON, DC — “Federal transportation policy has been on autopilot for two decades, blindly pouring money into the same old programs and hoping for miracles when it comes to producing a transportation system that works for all Americans, keeps them safe, is well maintained, and helps meet our goals for reducing emissions and addressing climate change,” said Beth Osborne, director of Transportation for America. “As with the House’s proposal in the last Congress, Chairman DeFazio once again lays the groundwork for finally updating our country’s 1950’s approach to transportation to meet 21st Century needs.
“The proposal that Chairman DeFazio released today takes last summer’s fairly groundbreaking INVEST Act and improves on it. We are particularly happy to see the inclusion of a program to address transit deserts and another program to reconnect communities divided by transportation infrastructure, like highways.
“Like last summer’s bill, this proposal includes reforms to the core, fundamental programs to ensure that states prioritize repair, make safety a primary goal, and make access to jobs and opportunities a priority for the billions we invest each year. This is a paradigm shift from the approach of the last 30 years of proposing small, exciting new programs to fix recognized problems while allowing the much larger core program to exacerbate and further those same problems.
“That’s the kind of fundamentally new approach we need, and we are excited to work with the Committee to make it even better. We hope the Senate takes some cues and that both Democrats and Republicans focus their efforts on a proposal that generates better outcomes, rather than agreeing to prop up a stale and destructive status quo,” Osborne said.