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Meeting Recap
On Thursday, July 23, the Council’s Transportation and Infrastructure Committee welcomed Nate Birnbaum, Legislative Assistant to Senator Ed Markey, to discuss a variety of policy issues including surface transportation reauthorization, the Water Resources Development Act (WRDA) reauthorization, aviation, rail and transit, and infrastructure funding.
Nate discussed the current focus in Washington on the surface transportation reauthorization bill, which sets the framework for transportation and infrastructure for the next five years and beyond. He highlighted that the House Transportation and Infrastructure (T&I) Committee marked-up their version of a surface transportation reauthorization measure in May. And while they are looking at possible ways to bring the bill to the floor, there are questions about the legislation from Democrats, such as elimination of guaranteed rail funding, slashing of climate programs, cuts to walking/biking programs, and lower transit funding.
The Senate, Nate said, was not moving as quickly since three committees are charged with writing the legislation. He said that the Environment and Public Works (EPW) Committee – which primarily handles highways and bridges – was furthest along in putting forth a legislative proposal. The Banking Committee – which handles transit issues – was moving slower than the EPW Committee, and the Commerce Committee – which generally handles rail and safety issues – was moving the slowest. Nate signaled that Commerce Committee Chairman Ted Cruz (R-TX) was looking to include an autonomous vehicle title in his portion. (Note: Senator Markey sits on the EPW and Commerce Committees, and Senator Elizabeth Warren is the Ranking Member on the Banking Committee.)
As for Senator Markey’s priorities, Nate said that on surface transportation, cost and affordability are key. He pointed out that for most Americans, transportation expenses are the second-largest item for family budgets, which means investments in alternatives such as biking, walking, and transit should not be overlooked. For the Senator, a surface transportation bill is an opportunity to present a vision for a safer, more sustainable transportation system that both lowers costs over the long term and provides more immediate benefits. He wants a strong surface transportation bill that is bipartisan and which reflects the priorities of both sides, including innovations that came out of the IIJA. Nate said the Senator sent a letter with 15 Democratic colleagues outlining a broad array of items of importance, including maintaining transportation choice for consumers, making better road and rail safety a higher priority, and ensuring fair access to grants without political interference.
Nate next focused on the renewal of the Water Resources Development Act (WRDA) which needs to be reauthorized this year. Both the House T&I Committee and the Senate EPW Committee passed versions of WRDA legislation just a week earlier. A biennial bill that is generally bipartisan, WRDA authorizes projects but does not provide funds. Nate said the Senate bill will help communities meet such things as flood control and ecosystem restoration and environmental infrastructure improvements to public water projects, including combined sewer overflow considerations and wastewater management. The hope is to have WRDA renewal finished by the end of the year.
Nate further recognized that air traffic control modernization is a priority for both Republicans and Democrats but suggested that activity in Congress has cooled some while a legislative vehicle is identified.
During Q&A, Nate was asked about Transportation Secretary Sean Duffy’s effort to influence the surface transportation debate. Nate said that it appears the Secretary has looked to direct policy away from bike lanes and other community-based choices and to focus more on roads. Nate also expressed concern that the Secretary seems to want to eliminate the mass transit account and upend funding for transit. He suggested it might be a negotiating tactic. Nate was also asked about airport infrastructure investments and the possibility of IIJA-style aviation funding. Nate said he was not sure if aviation policy would make it into the Senate bill, though Democrats would like to see it happen along with advance appropriations. Nate was also asked about the gas tax and alternatives to which he replied the solvency of the highway trust fund is an issue that needs to be addressed. He said that Republicans seem to be focused on fees for electric vehicles, though that will not solve the problem. Nate was asked about digitization and digital infrastructure provisions related to drinking water and wastewater surviving a WRDA conference committee. Nate also stated that the Senate will try and conclude a surface transportation bill in 2026 but even if it extends into 2027, the mass transit account would need to use general funds. He said that Congressional Republicans likely wouldn’t let transit collapse, but allowing advance appropriations is unclear. Democrats and Republicans are at odds on the topic of advance appropriations, with the former in strong support. At the end of the day, Senator Markey truly wants a good, bipartisan measure.
After Nate’s appearance, the Committee focused on legislative items that are occurring in Congress, where things are going for the remainder of 2026, a permit reform briefing on 7/30/26, what the NEC’s T&I committee is focusing on in terms of priorities, and looking forward to a housing and transit forum in the fall.
If you have any questions about this overview, please do not hesitate to reach out to me.
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