Rep. Dina Titus Introduces Bipartisan Legislation to Give Parity in Permitting for Transportation Projects

Rep. Dina Titus Introduces Bipartisan Legislation to Give Parity in Permitting for Transportation Projects

"Many folks in Southern Nevada depend on bus services to get around our community," said Congresswoman Titus. "Another emerging critical mode of transportation in our region is passenger rail. When high-speed rail comes to Southern Nevada, it will support tourism, improve air quality, and ease traffic congestion. The Modal Parity in Permitting Act will help ensure that the permitting process that allows these services to be built in our community is in line with the process for highway projects."

The Modal Parity in Permitting Act would allow sponsors of transit and passenger rail projects to acquire real property interests necessary for a project before completing the National Environmental Policy Act (NEPA) permitting process. This would give transit and passenger rail projects parity with highway construction projects during the federal permitting process.

The Modal Parity in Permitting Act is on Congresswoman Titus's list of priorities for surface transportation reauthorization. She will be pushing for its inclusion in the package as a Senior Member of the Transportation & Infrastructure Committee and the Ranking Member of the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

Representatives Rob Bresnahan (PA-08) and Laura Friedman (CA-30) are original cosponsors of this legislation.

"Reliable infrastructure starts with a process that works. Right now, unnecessary delays in permitting are holding back critical transit projects in communities like ours," said Rep. Bresnahan. "The Modal Parity in Permitting Act is a commonsense fix that allows local projects move forward without waiting on Washington every step of the way. This is about cutting red tape, supporting smart growth, and delivering the modern, connected transportation systems our region deserves."

"For too long, transit and rail projects have faced a permitting process that puts them at a disadvantage compared to highways. The Modal Parity in Permitting Act is the straightforward fix we need, allowing transit and rail projects to acquire property during the permitting process just like highway projects can, so we can build critical infrastructure faster and more affordably," said Rep. Friedman.

This legislation has been endorsed by RTC of Southern Nevada, The Bus Coalition, and the American Public Transportation Association (APTA).

"We are grateful for Congresswoman Titus' leadership in introducing this commonsense legislation," said M.J. Maynard-Carey, CEO of the Regional Transportation Commission of Southern Nevada. "The Modal Parity in Permitting Act would give transit agencies the same real property acquisition flexibility that highway project sponsors already have, strengthening project delivery for major investments like the Boulder Highway Bus Rapid Transit corridor. We appreciate Congresswoman Titus' continued commitment to Southern Nevada's transportation future."

"The Modal Parity in Permitting Act is a crucial, common sense step to reduce project delays, control costs, and speed the delivery of critical transit investments," said Ed Redfern, Executive Director of the Bus Coalition. "At a time when transit agencies are using federal investments to expand capacity and improve service reliability, this legislation will help ensure taxpayer dollars go further and projects move more efficiently from planning to deployment. This bill helps create a more predictable permitting process, which will better position agencies of all sizes to deliver the bus infrastructure and fleet improvements communities need."

"We applaud Representatives Titus (D-NV), Bresnahan (R-PA), and Friedman (D-CA) for introducing the Modal Parity in Permitting Act. For too long, public transit and passenger rail projects have faced a structural disadvantage in the permitting process - highway projects can acquire land before NEPA is complete, while FTA and FRA projects cannot. This bill levels the playing field and will help move critical public transit and passenger rail investments forward faster and more efficiently. We urge Congress to advance this legislation without delay," said APTA President and CEO, Paul P. Skoutelas.

"The Modal Parity in Permitting Act will help expand passenger rail across the United States by putting passenger rail permitting on equal footing with highway construction projects," said Brightline West President, Sarah Watterson. "Brightline West appreciates Representatives Titus, Bresnahan, and Friedman for their leadership on this important issue and urges Congress to advance this common sense bill as part of any upcoming surface transportation reauthorization package."

Background:

Under current law, Federal Transit Administration (FTA) project sponsors may purchase property prior to NEPA completion at their own risk when the property is within a planned transit corridor. While this covers many transit properties, buildings that are used for operations or maintenance may fall outside the existing "corridor." Similar limitations exist for passenger rail projects.

The permitting process is notably different for Federal Highway Administration (FHWA) projects. Highways project sponsors can purchase real property interests outside the corridor prior to completing environmental review. This often creates confusion for project sponsors who work across different modes of transportation and face different permitting regulations for each mode.

Congresswoman Titus's bill will speed up transit and passenger rail projects without undercutting the environmental and wildlife considerations that are so integral to the federal permitting process. Importantly, under Congresswoman Titus's Modal Parity in Permitting Act, project sponsors would still be prohibited from moving forward with developing any land in their possession before completing the required environmental reviews.

This bill provides a reasonable fix to the permitting procedures for all modes of transportation. As we continue to invest in our nation's transportation networks, Congresswoman Titus is highlighting the importance of putting passenger rail and transit projects on an equal playing field with highways projects.