Modal Parity in Permitting Act—APTA Urges Passage of Commonsense Bill

APTA applauds Senators Angela Alsobrooks (D-MD) and Kevin Cramer (R-ND) for introducing S. 5080, the Modal Parity in Permitting Act, a Senate companion bill to bipartisan legislation introduced by Representatives Dina Titus (D-NV), Robert Bresnahan (R-PA), and Laura Friedman (D-CA). The bill would give public transit and passenger rail agencies more flexibility to acquire land and facilities, before completion of National Environmental Policy Act (NEPA) review, aligned with permitting processes for highway projects.

“Public transit and passenger rail projects deserve the same permitting opportunities as highway projects. This bipartisan legislation will help advance critical public transportation investments more efficiently. We urge Congress to pass this commonsense bill without delay,” said APTA President and CEO Paul P. Skoutelas. 

Maryland Transportation Secretary Katie Thomson said that the flexibility provided by the bill would allow agencies like the Maryland Department of Transportation to better manage project timelines, costs, and risks. Currently, FTA funds can only be used for acquisition related to rights of way before a NEPA review is completed. The bill would allow transit and passenger rail projects the ability to secure needed property for projects such as station sites, maintenance facilities, and parking areas while environmental reviews move forward rather than waiting for a complete review.

“I am proud to partner with Senator Cramer in introducing the Modal Parity in Permitting Act. This bipartisan bill will allow transit and passenger rail projects to have the same flexibility as highway projects when it comes to securing the property they need while their environmental reviews move forward. It just makes sense, let’s get this done,” said Senator Alsobrooks.

Senator Cramer said, “The Modal Parity in Permitting Act removes unnecessary permitting hurdles, allowing local agencies to spend less time navigating bureaucracy and more time delivering transportation improvements for their communities. It’s a simple change with a significant impact.”

Senator Cramer is Chairman and Senator Alsobrooks is Ranking Member of the Transportation and Infrastructure (T&I) Subcommittee, Senate Committee on Environment and Public Works (EPW).