On January 3, 2025, the 119th Congress convened in Washington, DC. In the House of Representatives, Republicans retained their majority, 219-215 (with one vacancy), and reelected Rep. Mike Johnson (R-LA) as Speaker of the House. In the Senate, Republicans gained the majority, 53-47, and elected Sen. John Thune (R-SD) as the new Majority Leader. The House and Senate are in the process of organizing and selecting Committee leaders and members.
On January 15, the House Committee on Transportation and Infrastructure will hold its Organizational Meeting, at 10:00 a.m. Immediately following the Organizational Meeting, the Committee on Transportation and Infrastructure will hold a hearing entitled, “America Builds: The State of the Nation’s Transportation System”. In addition, the Senate Committee on Commerce, Science, and Transportation will hold a hearing on the nomination of Sean Duffy as Secretary of Transportation.
In the coming weeks, APTA will send a letter to each Member of Congress to welcome them and discuss the benefits of investing in public transportation. APTA strongly encourages each of you to take the opportunity to meet with your Representatives and Senators and let them see firsthand how public transportation works for everyone. APTA has prepared a Site Visit Toolkit to help you effectively plan, organize, and execute an event with your elected officials, including providing sample social media posts for maximum impact.
Register for APTA’s Inflation Reduction Act Tax Credits Webinar
Tomorrow Afternoon (January 14)
The Inflation Reduction Act (IRA) expanded tax credits for various renewable and clean energy initiatives, such as investments in electric vehicles (EVs), EV charging stations, alternative fuels, and renewable technologies including solar, wind, geothermal, and battery storage.
While public transit agencies were already engaged in various clean energy projects, most were not eligible for tax credit monetization until the IRA’s adoption of a payment mechanism for non-taxpaying entities to realize the benefit of such tax credits.
Join APTA for a live webinar, Jan. 14 at 2:00 p.m. ET, when tax professionals from Plante Moran will outline the most applicable available credits, how to qualify for each credit, and the process for claiming each tax credit. The webinar will also provide a companion Energy Credit Guidebook, as well as an on-demand webinar series that dives more in-depth into each tax credit topic. Register here.
APTA Regulatory Update
APTA Urges Members to Support Its Exemption Request from FMCSA’s Commercial Driver’s License Under-the-Hood Testing Requirement
On December 26, 2024, the Federal Motor Carrier Safety Administration (FMCSA) noticed APTA’s request to allow States to waive the “under-the-hood” testing requirement for Commercial Driver’s License (CDL) applicants seeking to operate vehicles in public transportation. FMCSA is asking for comments on APTA’s application for exemption. Comments are due by January 27, 2025.
On November 4, APTA submitted a formal request to FMCSA seeking a five-year exemption from the CDL under-the-hood testing requirement for public transit operators, together with APTA’s November 2024 report, Impact of CDL Under-the-Hood Testing Requirement on Public Transit Agencies’ Ability to Hire Operators. The proposed exemption would allow States to waive the specific requirement for CDL applicants seeking to operate public transportation vehicles, including those involved in interstate transportation.
A five-year exemption from the CDL under-the-hood requirement will alleviate the critical shortage of public transit bus operators, advance equity, and achieve an equivalent or greater level of safety.
We strongly urge you to support APTA’s application for a five-year exemption to waive the under-the-hood requirement for CDL applicants seeking to operate vehicles in public transportation by sending a letter to FMCSA Docket 2024-0293. APTA has drafted a template letter for your use.
APTA Comments on DOT’s Proposed P3 Value for Money Guidance
On December 31, 2024, APTA filed comments to the U.S. Department of Transportation’s Build America Bureau on its proposed guidance for public-private partnership (P3) projects seeking credit assistance through the Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) and Railroad Rehabilitation and Improvement Financing (RRIF) programs published in the Federal Register on November 13, 2024.
APTA’s comments praised BAB for its efforts to increase access to TIFIA and RRIF but noted that the proposed guidance would present an obstacle for public transportation-related P3 projects due to such projects’ unique timelines and life cycles. APTA urged BAB to alter the proposed guidance such that public transportation-related P3 projects receive a different schedule for Value for Money (VfM) analyses. In addition, APTA proposed only requiring a VfM analysis for projects with costs exceeding $750 million if the user fees associated with the project result in net revenue generation. Finally, APTA urged BAB to not require additional information beyond what is already required by statute.
On January 4, 2025, APTA submitted comments in support of the Federal Transit Administration’s (FTA) Notice of Proposed Buy America Waiver for Battery Electric Minibuses.
The waiver aims to promote domestic manufacturing by including a three-year phase-in period, allowing manufacturers time to establish domestic sourcing and production capabilities that meet FTA’s Buy America rolling stock standards for smaller buses. APTA’s comments highlight the critical role of battery electric minibuses in on-demand, paratransit, and other specialized services, as well as helping transit agencies meet State zero-emission and climate mandates. Lastly, APTA commends FTA for its efforts and looks forward to working together to build a more competitive, financially stable, and Buy America-compliant bus and minivan capacity.
APTA Urges NHTSA to Fully Consider Autonomous Vehicle Petitions
On January 7, APTA wrote to the National Highway Traffic Safety Administration (NHTSA) urging the agency to fully consider a HOLON U.S. Inc. petition currently being considered. HOLON U.S. Inc. is seeking a temporary exemption from various requirements of the Federal Motor Vehicle Safety Standards for an automated driving system (ADS)-equipped vehicle.
APTA stated its strong support for public transit agencies’ ability to deploy innovative technologies and services that assist in advancing mobility. Public transit agencies are working to advance autonomous vehicles as one of the most potentially impactful mobility innovations. Autonomous vehicles present new opportunities for APTA member agencies to expand their service.
However, current regulations hamper public agencies from fully utilizing autonomous vehicles. HOLON and HOLON U.S. Inc. are seeking a waiver from several Federal Motor Vehicle Safety Standards to build and operate its “automated electric bus,” which is a vehicle equipped with an ADS, in the U.S. APTA urged NHTSA to fully consider this and similar petitions.
APTA also urged NHTSA to update its regulations to provide a comprehensive Federal framework to allow more public transit agencies to use autonomous vehicles to provide safe, sustainable, accessible, and convenient public transportation.
To track Federal Register notices and APTA docket submissions on public transportation, please view APTA’s Regulatory Matrix.
APTA Adopts Surface Transportation Authorization
Recommendations Package 1
The Infrastructure Investment and Jobs Act authorizes public transit, passenger rail, and other Department of Transportation programs through Fiscal Year 2026. On December 5, 2024, the APTA Legislative Committee voted to approve the first package of APTA Surface Transportation Authorization Recommendations (APTA Surface Transportation Authorization Recommendations Package 1).
The Legislative Committee is soliciting recommendations from APTA members to help the Committee identify, develop, and prioritize proposals for the next Surface Transportation Authorization bill. If you have any recommendations that you would like to forward to the Legislative Steering Committee and Legislative Committee for consideration, please fill out APTA’s Surface Transportation Authorization Form.