June 22, 2020
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HOUSE TAKES ACTION ON INFRASTRUCTURE

Last Thursday June 18th, was a big day for infrastructure in the House of Representatives, as Democrats unveiled a $1.5 Trillion infrastructure plan known as the Moving Forward Act that calls for a huge increase in funding to repair roads and bridges while expanding broadband access in rural areas.

That same day, the Transportation & Infrastructure (T&I) Committee passed the surface transportation component of that legislation. Known as the INVEST in America Act, the measure was passed by a party-line vote and would authorize $494 billion over five years, including $309 billion for highways (42% increase over current levels) and $105 billion for public transit (72% increase). The INVEST in America Act will now move to the House floor for a full vote.

UTCA provision - Included in the bill was the UTCA-driven language that would establish a marketplace for states to buy and sell unused federal toll credits. States like New Jersey earn credit from the federal government by making capital investments on tolled federal facilities such as I-95 (NJ Turnpike), that can in turn be used as a soft match for projects receiving federal funding.

UTCA has been working for several years to pass this provision, which was also included in the Senate surface transportation bill passed by the Senate Committee on Environment and Public Works in July of last year. If passed, this could be transformative as it would mean a new source of direct transportation revenue that would not be borne by our state’s traveling public.

Gateway provision - Also included in the bill was the Malinowski amendment, which would require the U.S. Department of Transportation to promptly issue Records of Decision for Environmental Impact Statements in the New Starts grant program, and to increase transparency in the Capital Investment Grant Program. These provisions would help expedite the stalled Gateway Tunnel project, whose draft EIS has been languishing at DOT for nearly three years.

So, what comes next? A floor vote, and with any luck, reciprocal action in Senate.

While we are very excited about the advancement of the surface bill and announcement of the broader infrastructure investment, its ultimate success is in the hands of Senate Majority Leader Mitch McConnell. If the upper house passes their own legislation, the two measures will be put into conference committee and a deal will be reached. Alternatively, the Senate could stall until after the election, perhaps passing a clean extension in the interim. Finally but least likely, major infrastructure investment could be included in the next round of stimulus relief, which is expected to pass before the August recess.

No matter how it plays out, we are very encouraged to see tangible change being put forth by Congress. Infrastructure has been a hot button issue since the start of the Trump Administration, yet our industry has not seen the promised uptick in infrastructure spending. As the economy begins to heal from wounds of the COVID-19 pandemic, we remain hopeful that Congress will look to infrastructure construction as an essential part of our national recovery and pass a reauthorization of the surface bill.

You can read the full analysis of the legislation HERE, thanks to our national partners at the American Road and Transportation Builders Association.


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