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Dear Chairman Schatz, Ranking Member Hyde-Smith, Chairman Cole, and Ranking Member Quigley:

On behalf of the American Public Transportation Association (APTA), which represents the $79 billion public transportation industry that provides mobility for millions of Americans each year, directly employs 430,000 people, and supports millions of private-sector jobs, thank you for your efforts to advance the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 (H.R. 4820 and H.R. 4366, Division C (including S. 2437), as passed by the Senate) (“THUD Appropriations bill”).

As you begin resolving the differences between the House and Senate THUD Appropriations bills, we urge you to fully fund public transit and passenger rail at the Fiscal Year (FY) 2024 authorized amounts: $21.6 billion for public transit and $20.2 billion for passenger rail. These amounts would honor the promise of the Bipartisan Infrastructure Law.

At a minimum, we urge the THUD Appropriations Act, together with advance appropriations of the Infrastructure Investment and Jobs Act, to provide $21.1 billion for public transit and $16.7 billion for passenger rail, as passed by the Senate with an overwhelming bipartisan vote of 82-15.¹ These investments are critical to our efforts to begin to bring public transit and passenger rail systems to a state of good repair.

Public Transit Investments
Specifically, APTA greatly appreciates that both the House and Senate THUD Appropriations bills provide $13.99 billion for public transit formula and bus and bus facility competitive grants.

In addition, APTA urges you to provide the fully authorized amount of $4.6 billion for Federal Transit Administration’s (FTA) Capital Investment Grants (CIG) to help communities meet mobility demands. At a minimum, we urge you to provide $4.05 billion for CIG, as passed by the Senate. These critical infrastructure investments help communities, large and small, design and construct new Bus Rapid Transit, commuter rail, subway, and light rail systems and extensions. Today, communities are seeking more than $45 billion of CIG funds for 68 projects across the nation. View APTA’s CIG Project Pipeline Dashboard.

APTA also greatly appreciates that both the House and Senate THUD Appropriations bills provide additional investments for specific initiatives. The Senate THUD Appropriations bill provides an additional $268 million for bus competitive and low-no emission bus grants, ferry grants, the accelerating innovative mobility initiative, and designated investments for specific public transit projects. The House THUD Appropriations bill provides $131 million for specific public transit projects. APTA strongly supports these additional public transit investments.

Passenger Rail Investments
APTA encourages you to fully fund passenger rail, including the Amtrak, Federal Railroad Administration (FRA) Federal-State Partnership for Intercity Passenger Rail, Consolidated Rail Infrastructure and Safety Improvement (CRISI), and Railroad Crossing Elimination Grants. Again, at a minimum, we urge you to provide the investment levels as passed by the Senate. APTA also strongly supports the Senate THUD Appropriations bill provision that allows CRISI grants to be used for commuter railroad projects that implement or sustain Positive Train Control systems.

National Infrastructure Investments
APTA urges you to provide the fully authorized amount of $3 billion for Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grants, including public transportation and multi-modal projects. At a minimum, we urge you to provide $2.3 billion for RAISE Grants, as passed by the Senate.

Critical Funding Limitations and Policy Provisions
The House and Senate THUD Appropriations bills also include several critical funding limitations and policy provisions. APTA greatly appreciates that section 163 of both the House and Senate THUD Appropriations bills block the Rostenkowski Test, preventing a possible across-the-board cut of FY 2024 transit formula funds to each public transit agency.

We are also encouraged that section 164 of the Senate THUD Appropriations bill prohibits the U.S. Department of Transportation (DOT) from impeding or hindering a project from advancing or approving a project seeking a CIG federal share of more than 40 percent. This provision has been included in prior THUD Appropriations Acts and APTA strongly supports it.

APTA strongly supports the Senate THUD Appropriations bill provision that expands public transit agencies’ authority to acquire land prior to completion of National Environmental Policy Act (NEPA) review. Specifically, section 168 amends 49 U.S.C. § 5323(q) by replacing the term “right-of-way” with “real property interests”, thereby expanding the opportunity for broader property acquisition prior to the completion of environmental reviews. APTA strongly supports this provision to streamline project delivery and bring FTA’s property acquisition authority into parity with Federal Highway Administration (FHWA) programs.

Finally, we are troubled by several policy riders included in the House THUD Appropriations bill. We oppose section 192 which prohibits 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. We also oppose section 126 that prohibits funding to finalize, implement, administer, or enforce the FHWA July 15, 2022 proposed rule on Greenhouse Gas Emissions Measures or a successor regulation.² In addition, APTA opposes section 153 that prohibits any funding for California’s High-Speed Rail Authority project and section 428 that prohibits any funding for activities to implement New York City’s congestion pricing under the Value Pricing Pilot Program or New York City’s Central Business District Tolling Program. APTA strongly discourages the adoption of any of these harmful funding limitations in the THUD Appropriations Act.

Thank you for your strong support for public transportation and consideration of our THUD Appropriations Act priorities. Public transportation works for everyone by helping businesses and communities flourish, creating sustainable jobs, and supporting American families. Protecting and supporting public transportation funding keeps America on track for success, so that everyone can thrive.

We look forward to continuing to work with you to improve public transportation and benefit the nation.

If you have any questions regarding APTA’s FY 2024 THUD Appropriations Act priorities, please contact Ward McCarragher, Vice President for Governmental Affairs and Advocacy, at wmccarragher@apta.com, or me.

Sincerely,

Paul P. Skoutelas
President and CEO

cc: The Honorable Patty Murray, Chair, Committee on Appropriations, U.S. Senate

The Honorable Susan M. Collins, Vice Chairman, Committee on Appropriations, U.S. Senate

The Honorable Kay Granger, Chairwoman, Committee on Appropriations,
U.S. House of Representatives

The Honorable Rosa L. DeLauro, Ranking Member, Committee on Appropriations,
U.S. House of Representatives

¹ See H.R. 4366, as passed by the Senate.

² FHWA, Notice of Final Rule; National Performance Management Measures; Assessing Performance of the National Highway System, Greenhouse Gas Emissions Measure, 88 Fed. Reg. 85364 (December 7, 2023). On October 13, 2022, APTA submitted comments in support of FHWA’s Notice of Proposed Rulemaking (NPRM) amending FHWA’s regulations governing national performance management measures and establishes a method for the measurement and reporting of greenhouse gas (GHG) emissions associated with transportation. See APTA Letter on FHWA NPRM Regarding GHG Emission Measures (October 13, 2022).