On Wednesday July 23, the U.S. Senate Environment and Public Works Subcommittee on Transportation and Infrastructure met for a hearing entitled, “The Road Ahead: Proposals to Improve America’s Transportation Infrastructure.” The hearing featured witness testimony and discussion with members on two main issues: state flexibility in transportation investments and transportation safety around schools. The hearing also included discussion on other issues, including project delivery, and an update on the Francis Scott Key Bridge replacement project.

Witness List

Chad M. Orn P.E., Deputy Director of Planning, North Dakota Department of Transportation

Marisa Jones, Managing Director of Policy and Partnerships, Safe Routes Partnership

Samantha Biddle, Deputy Secretary, Maryland Department of Transportation

State Flexibility in Transportation Investment

Subcommittee chairman Kevin Cramer (R-ND) and Ranking member Angela Alsobrooks (D-MD) emphasized the value in empowering states to handle transportation investments. Both members referenced Senate bill S1733, the Highway Funding Transferability Improvement Act. This legislation would increase states’ flexibility in using federal highway funds by raising the permissible transfer limit from 50 percent to 75 percent. The transfer limit allows each state to transfer up to 50 percent of funds within a federal highway program to another federal highway program and to be able to spend those dollars on activities eligible under that program, which may include transit or multimodal activities; the proposed legislation raises the transfer to 75 percent. The core provision gives states flexibility to reallocate federal funds depending on their needs.

Responding to Sen. Pete Ricketts (R-NE), Orn discussed how providing states with more flexibility to decide how they spend federal dollars allows states like North Dakota a chance to react more quickly to their transportation needs. Biddle added that the provision to increase the transfer in the proposed legislation is a tool that can aid states in funding large and expensive transportation projects. According to Sen. Alsobrooks and Biddle, Maryland has multimodal transportation priorities and is embarking on a good amount of transportation projects. As such, the greater flexibility enables a state to leverage federal-aid highway funds for a larger pool of projects, which provides the state with increased certainty in funding for large projects.

Sen. Alsobrooks commended the value of the legislation in reflecting the idea that state DOTs are best suited to determine how to spend highway funding to meet their needs. However, the Ranking Member highlighted that accountability and transparency must accompany any flexibility given to states in leveraging federal funds. The Ranking Member noted that the flexibility provided in the legislation should not result in underinvestment in underserved areas. Biddle agreed, mentioning that transportation decisions must be performance-based and well-documented. Projects that are well-documented and public-facing build public trust in the state’s ability to spend federal funds on transportation projects. The core of the proposed legislation is therefore beyond providing states with a chance to spend more federal funding for transportation projects. The legislation can empower states to solve transportation problems as they see fit and address localized and unique issues within each state. As Biddle noted, “we are not just spending money, but solving problems.” The condition of accountability is a check on states to ensure that they are leveraging federal dollars carefully and not, for example, leaving underserved communities behind.

Safe Routes to Schools

According to Jones, a problem that underscores safe transportation to school is that traffic crashes are the second leading cause of fatalities in children. This is where the Safe Routes initiative comes in.

Safe Routes to Schools is a nationwide initiative dedicated to improving safety and accessibility for students who walk or bike to school. Launched in 2005, the initiative has evolved through legislative changes, including its integration into the Transportation Alternatives Program (TAP) in 2012, which combined multiple active transportation funding streams. TAP, reauthorized through 2020, distributes federal funding through state departments of transportation, which then competitively awards funds to local school systems and governments. Locally, Safe Routes efforts include educational and advocacy initiatives promoting safe walking and bicycling policies. Successful programs typically embrace a comprehensive approach known as the “Six E’s”: evaluation, education, encouragement, engineering, engagement, and equity. Since its inception, the program has supported over 14,000 schools across all 50 states, with ongoing demand particularly pronounced in low-income, rural, and minority communities facing greater infrastructure and safety challenges. According to Jones, there has been a 13 percent decline in fatalities over 20 years. Moreover, every dollar that is invested from Safe Routes program efforts returns over four dollars in safety and health benefits. Jones made a point in her opening remarks to highlight the initiative’s effectiveness in promoting safe transportation to schools.

The safety discussion during the hearing centered around proposed legislation regarding the Safe Routes program. Senate bill S1828 would require each state to appoint a statewide coordinator for their Safe Routes to School programs. Coordinators would serve as a dedicated point of contact who can assist in implementing the program and working with the state to leverage federal dollars in improving transportation safety. As noted during the hearing, states are currently not required to have a statewide Safe Routes coordinator. A rural or small community may not have the capacity or expertise to pursue available funding to implement a state’s Safe Route program’s goals. The statewide coordinator fills the role of a dedicated position to connect communities with the funding available to make safety improvements.

Responding to Sen. Ed Markey (D-MA), Jones added that a statewide coordinator can also take the experience and lessons learned from one rural community and provide it to another, acting as a source of information-sharing. The Safe Routes initiative has a vision for improving transportation safety and ensuring that school-going children are safe. Requiring a statewide coordinator is a policy aimed at making the Safe Route’s vision into a reality as the coordinator can translate the vision into policies and tap into funding available to implement policies.

In her opening remarks, Biddle referenced another piece of safety legislation, Senate bill S944: the Sarah Debbink Langenkamp Active Transportation Safety Act. Biddle voiced her support for the legislation, which aims to enhance safety for bicyclists and pedestrians. It would allow the federal highway safety funding share for safety projects related to vulnerable road users to be up to 100 percent. This legislation further strengthens states’ ability to leverage existing federal dollars in promoting transportation safety. Jones described how under this legislation, states have the flexibility to use the funds from the Highway Safety Improvement Program as a match for local Safe Routes to Schools projects. There is a wealth of federal resources available for transportation improvements. Pieces of legislation like S944 or S1733 are examples of policymaking that empowers states to take advantage of federal resources. Without the abundance of federal resources and legislation facilitating access to resources, many communities are left unable to embark on large or impactful projects on their own.

Other Issues

Members raised several additional issues during the hearing. Orn provided discussion on strategies to improve project delivery, responding to Sen. Cynthia Lummis (R-WY) and full Committee chair Shelley Moore Capito (R-WV). As with many transportation hearings, a continued focus for Republican members is simplifying regulations and streamlining the permitting process, as they point to regulations and permitting as causes of project delivery delays. According to Orn, the ability to start projects as quickly as possible is valuable. In states like North Dakota, the construction season is limited, and when a project is delayed and winter comes, the construction window is closed, and the project is delayed further.

Biddle provided the subcommittee with an update on the Francis Scott Key bridge replacement project. Following the collapse of the Key Bridge in March 2024, there have been efforts to provide emergency funding for the bridge’s replacement. According to Biddle, the replacement project is environmentally cleared, pre-construction is underway, and the project is on-track to deliver the bridge replacement. The initial cost was estimated around $1.7-1.9 billion, but the state of Maryland is working to determine the final cost estimate.