APTA Endorses Bipartisan Senate Permitting Reform Bill
11/2/2026
Legislation Would Speed Delivery of Public Transit and Passenger Rail Projects
APTA endorsed S. 5653, the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), November 2, which modernizes federal environmental review and permitting. The Senate is expected to begin consideration of the bill on November 9.
Introduced by Sens. Shelley Moore Capito (R-WV), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), and Martin Heinrich (D-NM), the bipartisan leaders of the Senate Environment and Public Works and the Senate Energy and Natural Resources Committees, BAAJA amends the National Environmental Policy Act of 1969 (NEPA) to narrow the scope of environmental reviews, expand exclusions for routine projects, and shorten timelines for environmental decisions.
“Too many public transit and passenger rail projects spend years in review before construction can begin,” said APTA President and CEO Paul P. Skoutelas. “This bipartisan bill speeds up environmental reviews, sets clear deadlines, and cuts duplicative paperwork while keeping environmental safeguards in place. That means riders get safer, more reliable service faster. APTA thanks Senators Capito, Whitehouse, Lee, and Heinrich for their leadership and urges the Senate to pass this bill.”
For public transit, passenger rail, and other infrastructure projects, the bill exempts repairs or replacements of existing facilities from NEPA review if they preserve the facilities’ function and increase capacity by no more than 20 percent. It also authorizes federal agencies to accept comparable state environmental reviews that meet federal requirements, imposes enforceable deadlines on federal agencies, and limits litigation delays by allowing projects to proceed while federal agencies address court-identified deficiencies during an environmental review.
In addition, the bill streamlines the National Historic Preservation Act Section 106 review process by establishing statutory deadlines and strengthening oversight to ensure applicants and federal officials complete historic review requests efficiently.
“Every year, a project waits in review, costs go up, and riders wait longer for the service they need,” said Skoutelas. “This bill provides public transit and passenger rail agencies the certainty they need to plan, build, and maintain their systems, and deliver improvements to riders sooner. We look forward to working with Congress to get it across the finish line.”