APTA to Congress: Support THUD Appropriations Act

(Amtrak Photograph)

House and Senate Appropriations Committee leaders on March 3 released the final, bipartisan THUD Appropriations Act (Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024) (H.R. 4366, Division F) as part of a “minibus” bill of six appropriations acts (the Consolidated Appropriations Act, 2024), which the House is expected to consider March 6. The THUD Appropriations Act will provide “the critical investments needed to improve our nation’s public transit, passenger rail and multimodal infrastructure,” according to the American Public Transportation Association (APTA).

Under the expected House of Representatives procedure, it will take a two-thirds vote to pass the minibus bill; the Senate will consider the bill after House passage, according to APTA.

“The goal is to get the bill to the President’s desk by Friday, March 8,” the association said. “Under the existing Continuing Resolution (P.L. 118-40), U.S. Department of Transportation (DOT) funding expires on Friday.”

The final, bipartisan THUD Appropriations Act “provides the overwhelming majority” of public transit and passenger rail investments authorized in the Infrastructure Investment and Jobs Act (IIJA), according to APTA, which said it strongly supports the bill.

The THUD Appropriations Act, together with the IIJA’s advance appropriations, provides $20.9 billion for public transit in FY 2024, which is $364 million (2%) less than the FY 2023 enacted level, the association reported. This total funding represents 96% of the amount authorized in the IIJA.

Additionally, the FY 2024 THUD Appropriations bill and IIJA provide $16.3 billion for passenger and freight rail in FY 2024, which is $383 million (2%) less than the FY 2023 enacted level, according to APTA. This total funding represents 80% of the amount authorized in the IIJA.

“These investments are critical to bringing public transit and passenger rail systems to a state of good repair for the millions of Americans in cities, suburbs and rural communities who rely on public transit and passenger rail every day for access to jobs, education and health care,” APTA President and CEO Paul P. Skoutelas said March 4. “APTA strongly supports the final, bipartisan bill which provides essential funding that will help make public transit and passenger rail faster, more modern, frequent, and reliable while tackling climate change, advancing equity, and providing communities with sustainable mobility choices.”

“The funding levels proposed by the House and Senate Appropriations Committees will enable Amtrak to continue connecting America with safe, reliable, and efficient train service in Fiscal Year 2024,” Amtrak said in a March 4 statement. “Throughout the Northeast Corridor and across the national network—from Maine to Oklahoma, Mississippi to California and along the Pacific Northwest to our Chicago Hub—this spending bill will help Amtrak passengers travel get where they need to go. We thank Congress and the Administration for their strong support of Amtrak, especially given the challenging fiscal environment, and we, in collaboration with our many partners across the network, look forward to continuing to work with them in the future to usher in a new era of intercity passenger rail for America.”

APTA has provided a breakdown of the THUD Appropriations Act for both public transit and passenger rail, plus RAISE grants and DOT policy provisions, which Railway Age reproduces below, in full.

Public Transit

“The THUD Appropriations Act and IIJA provide $20.9 billion for public transit in FY 2024, which is $364 million (2%) less than the FY 2023 enacted level. This total funding represents 96% of the amount authorized in the IIJA.

“The bill fully funds the public transit contract authority of $14 billion as provided by the IIJA. This funding represents a $356 million increase from the FY 2023 enacted level.

“The THUD Appropriations bill, together with the IIJA advance appropriations, provides $3.8 billion for Capital Investment Grants (CIG), which is $430 million less than the FY 2023 enacted level. This total CIG funding represents 83% of the amount authorized in the IIJA. Currently, communities are requesting more than $45.1 billion of CIG funds in FY 2024 and subsequent years to fund construction of 66 projects in 24 states. View APTA’s CIG Project Pipeline Dashboard.

“The THUD Appropriations Act also provides an additional $252 million for specific initiatives, including: $20 million for Passenger Ferry grants; $20 million for Rural Ferry grants; and $207 million for Congressionally directed spending on designated public transit projects.

“Furthermore, the bill includes several important policy provisions. Section 163 of the bill blocks the Rostenkowski Test, preventing a possible across-the-board cut of FY 2024 transit formula funds to each public transit agency. Section 164 prohibits DOT from impeding or hindering a project from advancing or approving a project seeking a CIG federal share of more than 40%. Finally, the legislation authorizes projects in the Expedited Project Delivery for CIG Pilot Program to be eligible for funding under the CIG program without further evaluation or rating.

“The bill does not include the following Senate THUD Appropriations bill provisions:

• “Expanding public transit agencies’ authority to acquire land prior to completion of National Environmental Policy Act (NEPA) review. APTA strongly supported this provision to bring Federal Transit Administration’s property acquisition authority into parity with Federal Highway Administration programs. View APTA’s Fact Sheet on Real Property Acquisition.
• “Authorizing a 100% Federal share for § 5310 Enhanced Mobility of Seniors & Individuals with Disabilities and § 5311 Rural Area formula grants obligated in FY 2024.
• “For Indian Tribes, authorizing a 100% Federal share for Buses and Bus Facilities Competitive Grants and Low-No Emission Bus Grants.

“View APTA’s Public Transit Funding Table of the THUD Appropriations Act.”

Passenger Rail

“The THUD Appropriations Act and IIJA provide $16.3 billion for passenger and freight rail in FY 2024, which is $383 million (or 2%) less than the FY 2023 enacted level. This total funding represents 80% of the amount authorized in the IIJA. The THUD Appropriations Act and IIJA provide a total of $16.3 billion for passenger rail investments, including:

• “$7.3 billion for Federal-State Partnership for Intercity Passenger Rail grants;
• “$6.8 billion for Amtrak grants ($4.5 billion for National Network grants and $2.3 billion for the Northeast Corridor);
• “$1.2 billion for Consolidated Rail Infrastructure and Safety Improvement (CRISI) grants (including $99 million for specific Congressionally directed CRISI projects); and
• “$600 million for Railroad Crossing Elimination grants.

“Within Amtrak National Network funding, the THUD Appropriations Act provides up to $66 million for corridor development activities and $40 million to improve Chicago Union Station’s concourse and related infrastructure.

“The THUD Appropriations Act authorizes CRISI grants for commuter railroad projects that implement or sustain positive train control systems. It also authorizes CRISI grants for passenger rail planning and project development activities (e.g., preliminary engineering).

“The bill does not include the House THUD provision prohibiting any funding for the California High-Speed Rail Authority project. APTA strongly opposed this provision.

“View APTA’s Passenger Rail Funding Table of the THUD Appropriations Act.”

RAISE Grants, DOT Policy Provisions

“The THUD Appropriations Act and IIJA provide $1.8 billion for Rebuilding American Infrastructure with Sustainability and Equity (RAISE) competitive grants for surface transportation projects, including public transportation and multi-modal projects. The bill sets aside five% of these funds for grants for historically disadvantaged communities or areas of persistent poverty.

“Section 426 of the bill prohibits DOT from enforcing a mask mandate in response to the COVID-19 virus in FY 2024.

“The bill does not include the following House THUD Appropriations bill provisions, which APTA strongly opposed:

• “Prohibiting any funding to finalize, implement, or enforce the Federal Highway Administration’s July 15, 2022, proposed rule on Greenhouse Gas Emissions Measures. See October 13, 2022 APTA Comment on FHWA Notice of Proposed Rulemaking Regarding National Performance Management Measures; Assessing Performance of the National Highway System, Greenhouse Gas Emissions Measure (87 FR 42401);
• “Prohibiting any funding to require any information or reporting with respect to any DOT grant program in accordance with an equity action plan, including the DOT Equity Action Plan published in January 2022; and
• “Prohibiting any funding for activities to implement New York City congestion pricing under the Value Pricing Pilot Program or New York City’s Central Business District Tolling Program.

“View the THUD Appropriations Act (Division F) of H.R. 4366, the Consolidated Appropriations Act, 2024 and the accompanying Joint Explanatory Statement, which includes the list of Congressionally directed spending on designated transportation projects.”