WASHINGTON, D.C. – U.S. Senator Kevin Cramer (R-ND), Chair of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, held a hearing on the development of the Surface Transportation Reauthorization Bill. The hearing focused specifically on three bipartisan bills Cramer led with colleagues on the EPW committee:

  • S.1733, the Highway Funding Transferability Improvement Act, which increases the percentage of funds a state Department of Transportation (DOT) can transfer between formula categories from 50% to 75% percent. This change gives state DOTs more flexibility to direct funds to high-priority infrastructure projects allowing them to make investments better reflecting local needs.
  • S.1167, the Transportation Asset Management Simplification Act, which cuts red tape for State DOTs by streamlining asset management reporting requirements. Specifically, it eliminates annual asset management compliance reports allowing state DOTs to spend more time maintaining and improving roads and bridges instead of filing redundant paperwork.
  • S.1828, the Safe Routes Improvement Act, which requires each state DOT to designate a Safe Routes to School Program coordinator. The intent is to enhance program accessibility for communities in North Dakota and nationwide.

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In his opening statement, Cramer said: “As we look toward reauthorization, I’m focused on advancing practical, bipartisan policies to improve the efficiency and effectiveness of the Federal Aid-highway program.

“As I like to say, without well-maintained routes like Interstate 94, which is made possible because of formula funding, durum wheat from North Dakota would never become pasta in New York or Los Angeles. North Dakota is low population state, but the number one producer of many commodities. Our roads can’t be relegated to gravel and expect interstate commerce to thrive. The formula system works and this committee has demonstrated a strong commitment to it over the years.

“Greater flexibility for states is precisely the goal of the Highway Funding Transferability Improvement Act, which I was happy to partner with Ranking Member Alsobrooks on. It’s a great idea and I’m glad we’re working on it. Her forward-thinking approach on this issue is refreshing. The concept with our legislation is remarkably simple, a lot of good things are, but very important. States know their needs better than any bureaucrat in Washington.

“I look forward to working with my colleagues to get this bill done and to ensure the highway program is more responsive to the needs of our constituents.

Cramer introduced Chad Orn, who serves as the Deputy Director for Planning at the North Dakota Department of Transportation, saying “Chad knows firsthand how critical transportation infrastructure is to everyday life in North Dakota. He literally works every day to ensure our roads and bridges meet the needs of communities across the state. I couldn’t ask for a better voice to bring a boots on the ground perspective to this hearing.”

 

He also introduced Marisa Jones, the Managing Director for the Safe Routes Partnership. In the last highway bill, Cramer and U.S. Senator Catherine Cortez Masto (D-NV) expanded the Safe Routes to School Program to include high school students. Earlier this year, Cramer introduced the Safe Routes Improvement Act to further enhance the Safe Routes to School Program. In her introductory remarks, Ms. Jones highlighted specific examples of how several North Dakota communities have utilized the Safe Routes to School program to advance projects. “Let’s look at North Dakota to see examples of how Safe Routes to School works in small towns and rural states. Gwinner, with population 924, built sidewalks to connect the Southside neighborhood to the school. Even Medora with just 155 residents completed a Safe Routes to School project connecting the high school to Main Street. And Minot, which I concede is a big city for North Dakota, but it’s been working on Safe Routes for 15 years, guided by a district-wide plan and building sidewalks to schools annually, funded through the transportation alternatives program.”

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Cramer first asked Orn and Samantha Biddle, the Maryland Deputy Secretary of Transportation, about specific suggestions for accelerating the delivery of infrastructure projects. Both witnesses highlighted a need to allow more projects to qualify for an expedited environmental review process. This goal aligns with the intent of the One Federal Decision which was included in the Infrastructure Investment and Jobs Act and championed by Cramer.

“We need to raise the rates on that for value engineering, and then the definition of a major project,” said Orn. “That's another thing. Even here in North Dakota, we're right up against, the definition of a major project, which, when I first started at DOT, I and I never, ever thought we would be anywhere near what cost a major project but just sheer cost of projects we’re right there.”

“Just being, you know, realistic about kind of how far we are able to stretch these dollars and then how that does also apply to the permitting landscape, I think, is a needed adjustment in thinking through those sorts of things,” responded Biddle. 

Cramer then discussed the Safe Routes to School Program. He asked Jones to explain how communities, especially in rural areas, can learn more about the program and ultimately access funds to move forward with safety projects.

“There's more funding available, but it means that in a small rural community where they might not have full time staff at all, and maybe the mayor is also the grocery clerk,” responded Jones. “They don't have the capacity or awareness, sometimes to pursue [this] funding. And so this is exactly why we need statewide routes to school coordinators to help communities, first of all, raise their awareness that this is an opportunity, and then help them navigate federal funding, apply for grants, and build projects that save lives. And we see the return on that investment in rural states in states all across the country […]These are projects that children and families love, local elected officials, love these projects. These help build economic development, improve safety, get kids physically active, and help get kids to school and time and ready to learn.”

Cramer concluded the hearing by asking witnesses about solutions to address work zone safety challenges. “As big a hurry as we are to get a highway maintained or built or fixed, we're also often in too big a hurry to get to wherever our destination is and don't pay it close enough attention to the hazard of workers right on the very highway we're driving on,” said Cramer. “Maybe you could if you have any thoughts or suggestions legislatively that we should be looking at for improvement of worker safety?”

Biddle explained how in Maryland, “We implemented legislation, through the state of Maryland, that introduced a tiered fine structure and also allows us to expand our implementation of work zone cameras. I always say that I hope we don't earn a single dollar through these programs, because it's not about generating revenue. It's about protecting our workers and saving lives.”

Orn outlined the agency’s commitment to safety and the importance of working closely with local partners. “We have a real good relationship with our AGC, our American General Contractors, so we do work with them, and [a] work zone is important, but we don't want to see a bunch of restrictions on them,” replied Orn. “We still want flexibility to be able to work with our contractors and our partners on the work zone safety. And if we hear any feedback, we make corrections. We fix it. We listen to them because we know it's critical with that. A few examples of stuff that we did in North Dakota as Samantha led to, we also just raised our fines within work zones, almost doubled them in the state, and that's going to go an effect on August 1, the state legislature does that. And another thing we do, and we've been doing for years and years and years, is we provide overtime dollars to our highway patrol, so then that they can patrol the work zone.”

Below is the opening statement of Chair Cramer, as delivered.

“This is a good hearing and a good day to discuss the road ahead for us. We’re going to discuss proposals to improve America’s transportation infrastructure. It’s an important conversation, on the EPW Committee, we’ve already begun to work to craft surface transportation reauthorization legislation for next year.

“Senator Alsobrooks and I were just visiting about how the last one passed out of the committee unanimously. Beginning work early, working together, having good witnesses helps us get to a similar goal next year.

“I commend Chairman Capito for her leadership in getting the reauthorization process started early and look forward to working with her, Ranking Member Whitehouse, Ranking Member Alsobrooks, and of course my fellow committee members to get a comprehensive, bipartisan bill across the finish line next year. 

“I also want to thank our witnesses today for being here. We appreciate your time and the insight that you bring to this conversation.

“As we look toward reauthorization, I’m focused on advancing practical, bipartisan policies to improve the efficiency and the effectiveness of the Federal Aid-highway program. Just last week, as I said, the full committee held an excellent hearing with state and local leaders, including Governor Kelly Armstrong where we talked about lessons learned in past bills and what improvements we can make. Some programs like the Bridge Formula program are a high priority for all states. Governor Armstrong spoke in strong support of it and it’s no surprise that his Department of Transportation is echoing the same strong support in your testimony today.

“But there are areas where we can improve. In recent months, I’ve introduced three bills, which I believe are all central to this effort. Each reflects direct input from states and is about getting better outcomes, without increasing the cost to the taxpayers.

“From the start, however, I need to emphasize the importance of preserving and strengthening formula funding. As I like to say, without well-maintained routes like Interstate 94, which is made possible because of formula funding, durum wheat from North Dakota would never become pasta in New York or Los Angeles, and wouldn’t that be too bad. North Dakota is low population state, but the number one producer of many agricultural commodities. Our roads can’t be relegated to gravel and expect interstate commerce to thrive. The formula system works and this committee has demonstrated a strong commitment to it over the years.

“In terms of reforms, I think we need to take a serious look at reducing the regulatory burden on states and cutting red tape within the highway program. My bill with Senator Kelly, the Transportation Asset Management Simplification Act, does just that. It’s a small fix but it supports a much bigger goal of cutting through the bureaucracy so that every dollar goes further.

“Another key principle is providing more flexibility for states to make investment decisions that better reflect local needs. Greater flexibilities for states is precisely the goal of the Highway Funding Transferability Improvement Act, which I was happy to partner with Ranking Member Alsobrooks on. It’s a great idea and I’m glad we’re working on it. Her forward-thinking approach on this issue is refreshing. The concept with our legislation is remarkably simple, a lot of good things are, but very important. States know their needs better than any bureaucrat in Washington. North Dakota and Maryland’s constituents have very different transportation needs. It turns out, when Washington gets out of the way, states know exactly what to do and deliver real results. Both Ranking Member Alsobrooks and I served in state and local government, and I think both of us would agree, the best partnerships with the federal government were those where we could be the most nimble to meet a constituent’s needs. I always tell federal witnesses and nominees: please, do not impose federal mediocrity on our state’s excellence. This bill embodies that basic principle and I look forward to hearing from both our state witnesses on this point.

“Safety, however, must also be at the forefront of everything we do. Specifically, making it safer and easier for kids to walk and bike to school. I introduced the Safe Routes to School Improvement Act with Senator Markey to do just that. This builds on bipartisan work that we did with Senator Cortez Masto in the last highway bill that expanded the Safe Routes to School program to include high schools. This bill would enhance access to the program for communities in North Dakota and nationwide by requiring states to have a specific point of contact to help local communities navigate the program and understand what exactly they are eligible to apply for. This will improve infrastructure like sidewalks and street crossings so that children who walk or bike to school are safer in that process.

“Lastly, this committee must do more to accelerate project delivery. There is a lot to be said on this, but I’d just note the One Federal Decision (OFD) framework was a strong concept under the last bipartisan infrastructure bill, but it hasn’t delivered the results we hoped for. As part of reauthorization, at minimum, we should revisit the OFD and make real improvements.

“I look forward to working with my colleagues to get this bill done and to ensure the highway program is more responsive to the needs of our constituents.”