    [Senate Hearing 117-627]
    [From the U.S. Government Publishing Office]

                                                          S. Hrg. 117-627

    PUTTING THE BIPARTISAN INFRASTRUCTURE LAW TO WORK: THE STATE AND LOCAL
                                  PERSPECTIVES

    =======================================================================

                                    HEARING

                                   before the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION

                                   __________

                               SEPTEMBER 21, 2022

                                   __________

      Printed for the use of the Committee on Environment and Public Works

      GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

                                        ______

    	             U.S. GOVERNMENT PUBLISHING OFFICE
    	51-564 PDF          WASHINGTON : 2023

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION

                      THOMAS R. CARPER, Delaware, Chairman
    BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West
    BERNARD SANDERS, Vermont                 Virginia
    SHELDON WHITEHOUSE, Rhode Island         Ranking Member
    JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
    EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
    DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
    MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
    ALEX PADILLA, California             ROGER WICKER, Mississippi
                                         DAN SULLIVAN, Alaska
                                         JONI ERNST, Iowa
                                         LINDSEY O. GRAHAM, South Carolina

                 Mary Frances Repko, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director
                                C O N T E N T S

                                  ----------
                                                                       Page

                               SEPTEMBER 21, 2022
                               OPENING STATEMENTS

    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
    Capito, Hon. Shelley, U.S. Senator from the State of West
      Virginia.......................................................     3

                                   WITNESSES

    Majeski, Nicole, Secretary, Delaware Department of Transportation     7
        Prepared statement...........................................    10
    Romero, Hon. Regina, Mayor, City of Tucson, Arizona..............    15
        Prepared statement...........................................    17
    Wriston, Jimmy D., P.E., Secretary, West Virginia Department of
      Transportation.................................................    25
        Prepared statement...........................................    27
        Responses to additional questions from:
            Senator Ernst............................................    32
    Tymon, Jim, Executive Director, American Association of State
      Highway and Transportation Officials...........................    34
        Prepared statement...........................................    36
        Responses to additional questions from:
            Senator Carper...........................................    48
            Senator Boozman..........................................    50
            Senator Ernst............................................    50

    PUTTING THE BIPARTISAN INFRASTRUCTURE LAW TO WORK: THE STATE AND LOCAL
                                  PERSPECTIVES

                                  ----------

                         WEDNESDAY, SEPTEMBER 21, 2022

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        U.S. Senate Committee on Environment and Public Works
    Washington, DC.
        The committee, met, pursuant to notice, at 10:02 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (chairman of the committee) presiding. Present: Senators
    Carper, Capito, Cardin, Whitehouse, Kelly, Padilla, Cramer,
    Sullivan, Ernst.

              OPENING STATEMENT OF HON. THOMAS R. CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Could I ask everyone to go ahead and take
    your seats? This is a spirited group that is gathered here this
    morning. We welcome all of you.
        Today, as you know, we are here to discuss the
    implementation of maybe the most historic piece of legislation
    that Senator Capito and our colleagues here on this committee
    have ever worked on, and that is the implementation of the
    Infrastructure Investment and Jobs Act. We call it the
    Bipartisan Infrastructure Law. Specifically, we will look at
    the implementation. We want to look at the implementation
    through the eyes of our State and local partners, who are
    gathered here today.
        As I think you all know, our committee played a pivotal
    role in the development of the Bipartisan Infrastructure Law
    last year. Two pieces of legislation that we unanimously
    reported out of this committee, the Surface Transportation
    Reauthorization Act and the Drinking Water and Wastewater
    Infrastructure Act, became the foundation on which this
    Bipartisan Infrastructure Law was built. We are very proud of
    that.
        The Bipartisan Infrastructure Law was a once-in-a-
    generation investment in our Nation's infrastructure. The law
    provides more than $350 billion, my staff first wrote this, my
    statement, and they wrote $350 million. I said, no, I think
    that is a ``b,'' for billion, for our Nation's highway
    programs. It increased formula funding to the States by 34
    percent and significantly increased funding for competitive
    grant programs for States and for local governments.
        In the 10-months since President Biden signed the
    Bipartisan Infrastructure Law into law, the U.S. Department of
    Transportation has been hard at work standing up new programs
    and administering the historic amount of highway funding that
    Congress has provided through this measure.
        In March of this year, this committee held its first
    hearing on the implementation of the Bipartisan Infrastructure
    Law. During that hearing, we heard from our Secretary of
    Transportation, Pete Buttigieg, about the Department's work to
    promptly get formula funding out to the States. This is
    critical, as you know, so that the States, our States, can get
    to work on projects that will improve their highways, bridges,
    and multimodal infrastructure.
        As a recovering Governor, I also know that the hard work of
    carrying out our highway programs is not just a Federal
    responsibility. State and local agencies play critical roles in
    prioritizing and ultimately choosing the projects that are
    funded by your respective States, depending on your own unique
    needs and challenges. As recipients of Federal highway funding,
    States are on the front lines of constructing and maintaining
    our national network of highways and bridges and improving
    safety and equity for all highway roadway users.
        To that end, I have been pleased to see the U.S. Department
    of Transportation continue to roll out new programs and provide
    funding guidance to help States and local governments navigate
    our new infrastructure law. This includes guidance for the
    Promoting Resilient Operations for Transformative, Efficient,
    and Cost-Saving Transportation, there has got to be a good
    acronym there, and it is PROTECT, formula funding, which the
    committee created in the Bipartisan Infrastructure Law under
    the historic $18 billion climate title.
        The Department of Transportation released guidance for this
    program back in July. It provides nearly $7.3 billion over 5
    years to make highway infrastructure more resilient to the
    effects of climate change.
        The PROTECT program will be a game changer for States like
    mine, Delaware, which is the lowest-lying State, as my
    colleagues have heard me say repeatedly, lowest-lying State in
    the Country. Our State has highways like Route 1 which goes
    almost the length of our State from up north to all the way
    down to Maryland that are very much at increased risk of being
    washed over by storm or by a flood. Thanks to the Bipartisan
    Infrastructure Law, States like ours, Delaware, now have
    formula funding specifically dedicated to protecting our
    vulnerable coastal infrastructure.
        In addition to the critical role that States play, it is
    also important to recognize the counties, cities, and towns
    that also have unique transportation challenges, but also
    unique transportation opportunities. That is why we also
    enhanced the role of local governments in delivering federally
    funded projects to your communities in the Bipartisan
    Infrastructure Law. For example, we improved the ability of
    smaller communities to receive Transportation Alternative
    funding for bicycle and pedestrian projects.
        The law also makes State and local governments eligible
    recipients of several new discretionary grant programs,
    including the Reconnecting Communities Program and the Rural
    Surface Transportation Grant Program. These programs will help
    State and local governments meet the needs of their
    communities, whether they happen to be urban, or they happen to
    be rural, or somewhere in between, in order to better improve
    resiliency, improve equity, and safety. These were some of the
    top priorities we heard from stakeholders when developing this
    legislation.
        Given the large funding increase and the number of new
    surface transportation programs that were created, I believe
    that we need to hear the perspectives of those on the ground,
    you, those who have gathered here today. Doing so allows us to
    know what is working well and what might need some further
    attention.
        Our hearing today will allow us to hear from State and
    local leaders. It is an opportunity to ask how they are doing
    and what they are doing with the funding provided by the
    Bipartisan Infrastructure Law.
        Senator Capito and I meet almost on a weekly basis and talk
    about issues before us, priorities before us, and I appreciate
    very much her suggestion that we have this hearing. I fully
    agree that it is timely and appropriate.
        We are privileged to have a distinguished panel of State
    and local leaders with us this day. Joining us are Nicole
    Majeski, the Secretary of the Delaware Department of
    Transportation. I was saying to Nicole that sitting right out
    here last week was a fellow who used to hold your chair,
    Shailen Bhatt, who has been nominated, as you know, to be U.S.
    Highway Administrator. I thought he did a nice job. We will see
    if we can't move his nomination along.
        We are also joined by Mayor Regina Romero from the city of
    Tucson, Arizona, Senator Kelly asked and encouraged us to
    invite you, so we are happy that you could join us. Jimmy
    Wriston, the Secretary of the West Virginia Department of
    Transportation. This is a home game. He and I were talking
    about our roots, mine in Beckley and his not far from there.
    And Jim Tymon, the Executive Director of the American
    Association of State Highway and Transportation Officials,
    affectionately known as AASHTO.
        Each of these witnesses will be able to provide a unique
    and diverse perspective, including perspectives from a coastal
    State, a rural mountain State, a city in the desert southwest,
    and an organization representing State departments of
    transportation across the Country.
        I want to thank our staffs for helping to pull together
    what I think is just an excellent panel. I am particularly
    pleased to be able to welcome Nicole Majeski, who leads the
    Delaware Department of Transportation. I welcome Secretary
    Majeski and all of our witnesses here today, each and every
    one. We are delighted to see you, and we look forward to
    hearing from each of you.
        Before we do, though, we are going to hear from our Ranking
    Member and my colleague and partner in this, Senator Capito,
    for her remarks. Senator Capito?

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Yes, thank you, Chairman Carper. I want to
    thank all of our witnesses for being here today.
        I am going to issue a statement. I am going to make my
    statement, and then I have to run to another committee really
    quickly, so I am not running out on you. I will run back. I
    wanted to combine my statements to an opening statement and
    also an especially warm welcome to Secretary Wriston.
        A little bit about him. He is a dedicated public servant
    and he has served the State of West Virginia for over 25 years.
    Last year, he received a much-deserved appointment to serve as
    the Secretary of the West Virginia DOT, and because that
    doesn't keep him busy enough, he also serves as the
    commissioner of the West Virginia Division of Highways.
        Secretary Wriston began his career at the West Virginia DOT
    in the bridge department. You wonder why I am always talking
    about bridges. He then moved to the Engineering Division and,
    for the past 12 years, served as the department's Chief
    Transportation Engineer and Special Program Manager. This
    wealth of experience has positioned him perfectly to lead the
    department.
        The IIJA has provided West Virginia the opportunity to make
    major improvements in our roadway and bridge systems. The work
    of West Virginia DOT has made it possible to move projects
    forward on Corridor H, Coalfields Expressway, Jefferson Road
    expansion in South Charleston, and I-64 St. Albans-Nitro
    Bridge.
        The State has also recently received two RAISE grants for
    the Wheeling streetscape and the Morgantown Greenbag Road
    corridor projects. I appreciate your leadership, Secretary
    Wriston, on these and other projects, and look forward to our
    continued partnership.
        With the Secretary today, we know that one person can't do
    it all, he has with him Nate Tawney, who is the Department of
    Transportation General Counsel, Lorrie Hodges, who is the head
    of West Virginia legislative affairs, been with the department
    for many years, and we have worked together, and also Melissa
    Decker from the Governor's office. Thank you all for being here
    with is.
        We did learn today, because we had a little meeting before,
    that this is the first West Virginia Secretary of
    Transportation to testify before our committee, so we are very
    happy to have that historic occasion.
        It has been a year since the President signed the IIJA into
    law. We promised the American people the IIJA would deliver
    results by improving and expanding our Nation's core
    infrastructure, an investment that we all agreed was long
    overdue. This historic legislation proves that we can come
    together to develop legislation that tackles our Nation's
    pressing challenges in a bipartisan manner.
        I am proud of what we did on this committee. The foundation
    was this committee's bipartisan projects: the Surface
    Transportation Reauthorization Act and the Drinking Water and
    Wastewater Infrastructure Act of 2021, both of those. We had
    unanimous votes coming our of this committee.
        This committee now has the responsibility, I think, of
    ensuring proper implementation of the IIJA. The witnesses here
    today are direct recipients of IIJA funding, which means they
    are perfectly positioned to give us a status update.
        The timing of this conversation is particularly
    appropriate, given that just last week, we had a hearing to
    consider the President's nominee to be Administrator of the
    FHWA, Shailen Bhatt, whom many of you know because he was a
    former DOT administrator in two States, actually.
        I know the staff at the FHWA has been working hard to
    implement the IIJA, standing up new programs, getting funding
    out of the door. But it has taken a long time before we could
    get that nomination up to us. I am with you; I hope we move
    forward on that.
        I have seen some policies from FHWA that contradict the
    IIJA statutory text. I talked to Secretary Buttigieg about this
    just yesterday. I have been told that the agency is neglecting
    to implement certain provisions of the bill, mainly the project
    delivery sections. FHWA began to deviate from the law with the
    release of the December 16th FHWA memorandum to staff, Policy
    on Using the Bipartisan Infrastructure Law Resources to Build a
    Better America.
        This memorandum encourages recipients of highway funding to
    ``flex'' that funding to transit investments, discourages
    States from moving forward with projects that add highway
    capacity, and imposes a one-size-fits-all approach by
    discouraging transferring program funds to where they are need
    most, which was a flexibility that was intentionally built into
    the law, it is longstanding, to ensure that each State's unique
    needs are met. Our needs in North Dakota and West Virginia are
    much different than what you need in Arizona or California or
    other places.
        Following the memorandum, FHWA released programmatic
    guidance documents for the core highway formulaic programs that
    included the same policy directives represented in the
    memorandum. Beyond contradicting the law, these guidance
    documents have created confusion among States and the FHWA
    division offices and are leading to inconsistent
    implementation.
        The IIJA provided provisions to address climate change, as
    the Chairman said, historically, a climate change dedication in
    the bill, and the resiliency of transportation infrastructure,
    and we did this in a bipartisan way. A greenhouse emissions
    performance measure was debated and ultimately left out of the
    bipartisan IIJA. The Biden Administration decided the law
    didn't go far enough and proposed a rule to impose greenhouse
    gas emissions performance measures and associated targets on
    State departments of transportation and metropolitan planning
    organizations without any authority from this Congress.
        All of these actions follow a common theme at FHWA, which
    is implementing partisan policy priorities they wish had been
    included in the IIJA, and doing so ahead of implementing many
    of the provisions that are actually in the legislation. The
    FHWA staff has done all of this without the accountability of
    having a Senate-confirmed Administrator, which hopefully we are
    going to solve.
        I had questions for Mr. Bhatt on many issues last week.
    They are pressing for us to be able to conduct our oversight
    activities.
        With that in mind, we will look for our witnesses to tell
    us what programs and policies of the IIJA are most beneficial
    in addressing the unique challenges in your State, community,
    and member States. What is going well regarding implementation?
    It is a little bit easier to say everything that isn't going
    well. We need to hear the things that are going well, because
    that is just as important.
        I am interested in how the construction landscape is
    impacting transportation projects. Supply chain, obviously, is
    a big issue, material costs, staffing shortages, Buy America
    policies have also come up.
        The IIJA included unprecedented funding to address the
    needs of our Nation's core infrastructure, our core
    transportation infrastructure. Proper implementation of the law
    is the only way to ensure that this funding will uphold the
    promises that were made to the American people with its
    passage.
        Thank you again for being here. This is important and
    timely. I thank you, Mr. Chairman, for having this hearing.
        Senator Carper. My pleasure. Thank you very much for your
    statement.
        For our next introduction, Senator Kelly is going to be
    introducing a special guest from Tucson.
        Senator Kelly. Thank you, Mr. Chairman. This is an
    important hearing on an incredibly important piece of
    legislation, which I know all of us worked very hard on,
    especially you and your Ranking Member, the Bipartisan
    Infrastructure Law. This law has already made an impact in so
    many communities across the Country and in Arizona, including
    the community led by my friend and one of today's witnesses,
    Tucson Mayor Regina Romero.
        Mayor Romero became the first woman and first Latina to
    serve as mayor of Tucson when she was sworn in in 2019. She has
    a history of breaking barriers, becoming the first member of
    her family to vote and the first in her family to graduate from
    college.
        Before being elected mayor, she served on the Tucson City
    Council for more than a decade, where she championed issues
    like work force development and building the clean energy
    economy. As mayor, she spearheaded the city's efforts to
    rebuild its infrastructure, now supported by the Bipartisan
    Infrastructure Law.
        Mayor Romero has worked for years to address the worsening
    challenge of PFAS contamination in the city of Tucson's
    groundwater aquifer. We spoke about this yesterday in my office
    and about all the steps that she is taking to address this.
    Addressing this contamination is especially important because
    groundwater is Tucson's secondary supply of drinking water
    after water from the Colorado River. Our infrastructure law
    both makes historic investments in addressing PFAS
    contamination and making our western water infrastructure more
    resilient to drought.
        Mayor Romero has also worked to improve Tucson's
    transportation infrastructure. Just over a month ago, Mayor
    Romero and I were joined in Tucson by Secretary Buttigieg to
    announce that the structurally deficient 22d Street Bridge
    would be awarded a $25 million RAISE grant. Importantly, this
    project not only repairs a failing bridge that right now trucks
    and school buses and ambulances can't drive over, making those
    routes much longer for them, and kids have to take longer to
    get to school, but it also will help better connect several
    communities to the rest of Tucson.
        Mayor Romero has led on regional issues as well, like
    expanding transit infrastructure throughout southern Arizona,
    deploying more low-emissions buses, and even identifying ways
    to better connect Tucson and Phoenix, the two largest cities in
    the State, whether that is by widening I-10 or exploring the
    possibility of an Amtrak expansion between Phoenix and Tucson.
        Mayor Romero is a great example of how mayors, both
    Republicans and Democrats, are taking advantage of the once-in-
    a-generation opportunity here provided by our Bipartisan
    Infrastructure Law to fix our aging infrastructure and build
    resilient communities for the future.
        I would like to welcome my mayor, Mayor Romero, to today's
    hearing. I will be back a little bit later for my questions.
    Thank you very much, Mr. Chairman.
        Senator Carper. You are quite welcome. We thank you for the
    welcome to your mayor.
        Let me just ask, before we start our statements and
    questions, we have a million people who live in Delaware. I
    think I have met them all. What is the population of Tucson?
        Mayor Romero. Tucson has 560,000 residents in the city
    proper, and 1.1 million in the metropolitan area.
        Senator Carper. Got it, OK.
        Jimmy, what do you all have down in West Virginia these
    days?
        Mr. Wriston. Our entire State has a population of 1.8
    million, so all of your half a million people are welcome to
    the mountain State.
        [Laughter.]
        Senator Carper. Fair enough. We are delighted that our
    Secretary from Delaware has joined us, Nicole Majeski, and my
    recollection, I am trying to think, did you become secretary a
    year ago, in January?
        Ms. Majeski. A year and a half ago.
        Senator Carper. Yes, so how is it going?
        Ms. Majeski. It is going very well, sir.
        Senator Carper. Would you say that this is the best job you
    have ever had?
        Ms. Majeski. It is the best job I have ever had.
        Senator Carper. OK. How is the Governor doing?
        Ms. Majeski. The Governor is doing great.
        Senator Carper. Tell him we said hi.
        Before we turn to our other witnesses, I am just going to
    ask you to lead us off. We will hear your statement, and then
    also hear from Jim, you pronounce your name Tymon, right?
        Mr. Tymon. Yes, sir.
        Senator Carper. There we go. Then we will ask some
    questions.
        Secretary Majeski, please proceed.

    STATEMENT OF NICOLE MAJESKI, SECRETARY, DELAWARE DEPARTMENT OF
                             TRANSPORTATION

        Ms. Majeski. Thank you, Chairman Carper, Ranking Member
    Capito, and members of the committee for the opportunity to
    testify today.
        I am Nicole Majeski, and I have the privilege of serving as
    the Secretary of Transportation in Delaware and representing
    our more than 2,500 dedicated employees statewide.
        Senator Carper. Are you joined by any members of your staff
    today?
        Ms. Majeski. I am joined by C.R. McLeod, our Director of
    Community Relations.
        Senator Carper. Would you raise your hand, Mr. McLeod? Mr.
    McLeod used to be my driver. I tell people I drove him. We had
    600,000 miles on my Chrysler Town and Country Minivan, when I
    sold it last year for a dollar. He put about 100,000 of those
    miles on it by himself. C.R., nice to see you. Welcome.
        Ms. Majeski. I would like to thank you, sir, for this
    invitation and for your constant support of the important
    infrastructure work that we are doing in our home State.
        The Delaware Department of Transportation is committed to
    providing excellence in transportation for every trip, every
    mode, every dollar, and everyone.
        The Bipartisan Infrastructure Law is a needed investment of
    additional Federal dollars to our transportation
    infrastructure. We are grateful to the Biden Administration and
    to the Members of Congress for this historic program that will
    ensure roads and bridges are safe and well-maintained, our
    communities are better served and connected, and that we are
    making the necessary investments for the electrification of our
    infrastructure and resiliency due to climate change.
        The $1.6 billion in Federal funding that Delaware is
    receiving through BIL, along with our committed State
    resources, will allow us to deliver the largest capital program
    to date. BIL funding is instrumental to the many initiatives in
    Delaware, and I will be highlighting a few of those today.
        As the lowest-lying State, Delaware is seeing firsthand the
    effects of climate change and sea level rise. We are
    increasingly seeing roads in our coastal areas overtopped with
    water not just during significant storm events but due to tidal
    flooding on sunny days. We estimate that a billion dollars'
    worth of our existing infrastructure is vulnerable to the
    impacts of climate change.
        To address this issue, and as part of the State's Climate
    Action Plan that Governor Carney announced last fall, we
    created the Resiliency and Sustainability Division within
    DelDOT to centralize our efforts. This division is focusing on
    incorporating resiliency and sustainability measures in the
    construction and maintenance of our projects and finding ways
    to protect our existing infrastructure.
        The division is also leading our efforts on the
    electrification of our infrastructure and fleet, incorporating
    the use of alternative energy, and minimizing the impacts on
    our environment caused by the transportation system. The newly
    created formula funding through PROTECT, carbon reduction, and
    EV infrastructure will allow us to move forward with these
    critical projects.
        Additionally, Delaware is committed to reducing greenhouse
    gas emissions through our transit fleet. Delaware has benefited
    from Federal discretionary grants supporting low or no-emission
    buses. By the end of this year, 10 percent of our fixed-route
    fleet will be all-electric. Our latest Low-No Grant through the
    Bipartisan Infrastructure Law will allow us to purchase two
    hydrogen buses and install our first hydrogen fueling station.
    Federal discretionary grants have made these investments in
    alternative energy possible.
        Our efforts to improve our transportation systems extend
    beyond a focus on infrastructure alone. DelDOT is committed to
    ensuring that transportation is equitable and accessible for
    everyone. We have recently received two Federal grants for the
    Route 9 corridor near our largest urban area to assist us in
    planning transportation and transit improvements within the
    census-defined low-income area. The Areas of Persistent Poverty
    Grant and the RAISE Grant will allow us to do extensive
    community outreach, plan transit and multimodal connections,
    and look at opportunities to improve safety and public transit
    throughout this corridor.
        Last, I would be remiss if I did not talk about safety. As
    the DOT, safety is our top priority, the safety of the
    traveling public, regardless of the mode that they are using,
    and the safety of our work force that is out on our roads every
    single day.
        Last year was the deadliest year on our roadways in 15
    years, with 139 fatalities. Unfortunately, as of this morning,
    we have 109 fatalities, which is 20 percent higher than where
    we were last year at this time. We continue to work with our
    partners in law enforcement and the Office of Highway Safety to
    implement the recommendations of our State Strategic Highway
    Safety Plan. Over the next 6 years, we will invest hundreds of
    millions of dollars in projects across our State to improve
    safety for all modes, including our most vulnerable users:
    pedestrians, bicyclists, and motorcyclists.
        While the Safe Streets and Roads for All program is not
    available for State DOTs, we are pleased to be supporting the
    city of Wilmington on their application. Wilmington is the
    largest urban area in Delaware and has a high concentration of
    walking and bicycling activities while serving as the center of
    Delaware's bus and rail networks. Delaware is unique in that
    the State owns and maintains 90 percent of the roads and
    bridges, so our partnerships with our three counties and 57
    towns and municipalities is critical to improving safety for
    all of our users.
        In closing, under Governor Carney's leadership, we are
    committed to improving safety, reducing our emission levels,
    and developing a multimodal transportation system that is
    equitable. The components of the Bipartisan Infrastructure Law
    will allow us to achieve these goals.
        Thank you, again, for the opportunity to speak before the
    committee today.
        [The prepared statement of Ms. Majeski follows:]
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Great, thanks very much, Madam Secretary.
    Welcome, again.
        Now, we are going to hear from the mayor of a town with
    roughly a million people. We are happy to hear from you.
    Welcome. Very nice to meet you. Please proceed.

                   STATEMENT OF HON. REGINA ROMERO,
                         MAYOR, CITY OF TUCSON

        Mayor Romero. Thank you so much, Mr. Chairman. Good
    morning, buenos dias, Chairman Carper.
        Senator Carper. Buenos dias. Bienvenido.
        Mayor Romero. Buenos dias, Chairman Carper, Ranking Member
    Capito, and members of this committee. Thank you for inviting
    me to participate in today's hearing. I will share my views on
    the transformative impact the Bipartisan Infrastructure Law is
    having in Tucson and cities across the Nation.
        Senator Kelly, thank you so much. I appreciate your
    gracious introduction and the way you fight for Tucson.
        Tucson, the 33d largest city in the United States, is home
    to 560,000 residents and nearly 1.1 million people in the
    greater metro area. Our lands have been stewarded by the Tohono
    O'odham and Pascua Yaqui people since time immemorial.
        Through BIL funding, Tucson is building infrastructure and
    investments that heal historic wounds, reconnect communities,
    and address the challenges that result from being on the front
    lines of climate change. My vision for Tucson's future is an
    equitable, climate-resilient, desert city that sustains itself
    through conservation, investment, and good policy.
        The Bipartisan Infrastructure Law this committee so
    skillfully negotiated is crucial to meeting our goals. The
    Nation benefits when Congress sends money directly to cities.
    We know how to get it done.
        Just last month, Senator Kelly and I joined Transportation
    Secretary Buttigieg in Tucson where he announced a $25 million
    RAISE grant for Tucson's 22d Street Bridge. Using this grant,
    local, and regional funds, a structurally deficient bridge will
    be replaced. We will improve the quality of life for Tucsonans
    who have lived with safety risks, heavy trucks in their
    neighborhoods, few options for non-motorized travel, and
    separation from other neighborhoods.
        We will improve safety around railroad infrastructure,
    reduce crashes and emergency response times, and mitigate other
    safety issues. We will reduce greenhouse gas emissions and the
    vehicle miles travelled, addressing climate resiliency. And we
    will improve the ability of Union Pacific Railroad to move
    goods more efficiently, helping to address global supply
    challenges. Thank you to the US Department of Transportation
    for selecting this project.
        There are tremendous opportunities available in the BIL,
    including resources for EV infrastructure, extending
    environmental remediation and clean energy investments, and a
    streetcar-bus rapid transit expansion. We will apply for these
    funds and appreciate Congress for increasing the transit
    funding.
        However, today, I must focus on the greatest challenges to
    our water security, PFAS contamination and the persistent
    effects of drought that threaten our Colorado River supply. It
    is important to understand the history and specifics of
    groundwater contamination in Tucson to make clear how critical
    BIL-funded projects are to securing our water supply,
    supporting our economy, and protecting public health.
        Tucson's diverse water supply portfolio includes the
    Colorado River, which is experiencing unprecedented drought.
    This makes us increasingly reliant on our groundwater supply
    that is being polluted by PFAS, a forever chemical.
        In addition to PFAS, residents of Tucson's south side have
    been historically impacted by TCE and DX, believed to
    contribute to health concerns, including cancer and heart
    disease. We are spending $1 million a year to treat PFAS and
    have already spent almost $50 million so far to deal with this
    impact from our own ratepayers, who did not cause this issue.
        Tucson has lost over 10 percent of our water supply to PFAS
    contamination, and now, parts of our system rely solely on
    their backup supply. There is no redundancy. We must protect
    our water. Tucson is a sustainable desert city because we use
    reclaimed water for non-potable uses, but that water also is
    affected by PFAS, which, in our closed-basin system, puts the
    entire water system at risk. We need to act now.
        The funding available in the BIL is critical to solving
    this need. We need DOT to move fast and for EPA to push for the
    data and assistance we need. Tucson is ready to be the
    sustainable, thriving desert city of the future.
        Thank you for allowing me to speak about how BIL funding is
    making a difference to us. I welcome any questions. Thank you.
        [The prepared statement of Mayor Romero follows:]
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Mayor Romero, thanks so much for your
    testimony and for your leadership. I am delighted that you are
    here.
        Now, we are going to turn to Secretary Wriston. Mr.
    Secretary, you are recognized to proceed. We will ask Mr. Tymon
    to do the same thing, and then we will ask some questions. Go
    ahead.

      STATEMENT OF JIMMY WRISTON, SECRETARY, P.E., WEST VIRGINIA
                      DEPARTMENT OF TRANSPORTATION

        Mr. Wriston. Thank you, Mr. Chairman, Ranking Member
    Capito. I am delighted to be visiting the shining city on the
    hill today to talk to you about West Virginia's perspective.
        In particular, I do want to focus on exactly what Senator
    Capito said. I want to focus on what is working. I would be
    remiss if I didn't report on some of the difficulties that we
    are having and the challenges that we need to overcome, so I am
    going to do a little bit of that, too.
        I can tell you that I am particularly grateful for this
    committee. This committee has done a herculean task. They
    produced the most impactful transportation law that this
    Country has ever seen, I believe. This is an opportunity to
    exceed the great achievement of building the interstates across
    the Country in the last century.
        Now, the real work has to happen, and we have to move fast.
    We have to move together. We have to form partnerships to get
    this done, get it done efficiently, and take advantage of this
    great opportunity before us. We, as transportation officials,
    have to communicate, work together, and really pull the rope in
    the same direction. We have to follow the law; we have to
    understand the guidelines. We have to move within those
    guidelines to achieve a goal, not just to go through an
    exercise or a bureaucratic process, but to move the ball toward
    a predictable result that we all want to take care of.
        The mission of the IIJA is quite clear. We want to deliver
    a safe, efficient transportation system while addressing
    resiliency, equity, and environmental concerns. These things we
    can do. The Department of Transportation officials across the
    Country have been doing these very things and working toward
    these things for years and years without the resources to do
    them and to actually achieve the results. This is our
    opportunity to do so.
        West Virginia has the sixth-largest highway system in the
    Country, little West Virginia, the sixth-largest highway
    system. Like our good friends in Delaware, we take care of the
    majority of these roads. Nearly 94 percent of all the roads,
    the State is responsible for.
        We have over 7,100 bridges in West Virginia. Our bridges
    are safe. I need to make sure that everyone understands that.
    The modern inspection program was born right there in West
    Virginia, much like you were, Senator Carper.
        Senator Carper. So, it is young.
        [Laughter.]
        Mr. Wriston. The modern bridge inspection program rose out
    of the ashes of tragedy in Point Pleasant in 1967.
        Senator Carper. I remember that well.
        Mr. Wriston. Since then, there is no transportation person
    in the Country that doesn't know that story, and no bridge
    engineer that doesn't understand the weight of their
    responsibility. I am saying that our bridges are safe, but they
    need attention, and they need care, and we have to move forward
    along that and take great opportunity with this.
        The IIJA, I must admit, my first read-through of the bill
    just before it passed, I was a little skeptical of the Bridge
    Program. The Bridge Program works exceptionally well in West
    Virginia. The minimum of 15 percent for the off-system bridges,
    that worried me a little bit until I went to my bridge
    management system and had my great experts to run this for me
    and tell me, 15.2 percent of the bridges in West Virginia are
    the off-system, so that 15 percent minimum, it is right there.
    We are going to be able to operate within the guidelines of
    this Bridge Program and take care of all the bridges that are
    rated poor that are off-system. We think we can do them all in
    this timeframe with funding.
        Senator Carper. That is great news.
        Mr. Wriston. I think this is, as Shelley told you, I am a
    bridge engineer at heart, but I have had to broaden my view a
    little bit when taking this position. The Bridge Program works
    well with us.
        You know the rule provisions are tailored specifically for
    the great State of West Virginia, and we are going to take
    advantage of each and every one of those. We do have much
    concern about some of the discretionary programs. The formula
    programs work well. They are going to work well across the
    Country. I can firmly and confidently predict today, a year
    from now, we will be talking about great successes with the
    formula portions of this law.
        I will just as confidently predict absolute and nearly
    abstract failure on the discretionary side. We have got to do
    better with our Federal partners in these agencies. We need
    consistent direction, we need consistent guidelines, and we
    have to be able to understand them. The FHWA divisions need to
    be able to bring forth guidance in these areas that are
    consistent State to State, so that when we meet at an AASHTO
    conference, we all have the same information and the same
    guidance and we know that we can plan and work together.
        I understand I am working just a little long. I do have to
    mention the bumblebees on my great Corridor H project. This is
    a classic case of inconsistency in a Federal agency. We have
    worked diligently for years and years on Corridor H. This is
    why it is taking decades to finish this job. This is exactly
    what is happening today. We need consistent guidance. We need
    to do the front-end work on the front end, take care of these
    issues.
        A capture of two bumblebees 200 feet off of my studied
    corridor should not add years and decades to a project. It just
    cannot happen. We are going to fail abstractly if we don't make
    sure that we are all on the same page, get the same guidelines
    together, and communicate honestly and openly. Give us
    direction, work with us. We depend on these Federal agencies.
    We look at them not only as partners, but advocates for the
    State. I think they have lost their way.
        Thank you, Mr. Chairman.
        [The prepared statement of Mr. Wriston follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Thank you. To your last point, Senator
    Capito and I, our colleagues were well-pleased with the
    testimony of our witness, the nominee to be the Federal Highway
    Administrator, Shailen Bhatt. To the extent that we can get him
    confirmed and in place, it is taking too long to nominate him,
    but to the extent that we can get him confirmed, sooner rather
    that later, having been not just Secretary of DelDOT in our
    State, but also Secretary of Colorado. He worked in the State
    of Kentucky, at USDOT, so I think he can be very helpful on
    some of this stuff, as he is pretty good at common sense.
        I am tempted to say the best for last, Jim, you are welcome
    to chime in. Thanks for joining us today, and please proceed.

         STATEMENT OF JIM TYMON, EXECUTIVE DIRECTOR, AMERICAN
       ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS

        Mr. Tymon. Thank you, Chairman Carper, Ranking Member
    Capito, and members of the committee. I do want to thank you
    for the opportunity to appear today to discuss implementation
    of the Infrastructure Investment and Jobs Act.
        My name is Jim Tymon, and I serve as the Executive Director
    of the American Association of State Highway and Transportation
    Officials. It is my honor to testify on behalf of our members,
    the State Departments of Transportation for all 50 States, the
    District of Columbia, and Puerto Rico.
        First, let my start by saying that AASHTO applauds this
    committee for your leadership in the development and enactment
    of IIJA. We know that your work on earlier bills, like ATIA,
    laid the foundation for IIJA.
        The IIJA lines up extremely well with AASHTO's core policy
    principles adopted by our board of directors in 2019. It is a
    5-year bill. It prioritizes formula funding to State DOTs, and
    it provides States the flexibility to work with their local
    partners to choose the projects that meet the needs of their
    constituents. It recognizes that the transportations needs in
    Delaware are different than the needs in West Virginia, as well
    as in Arizona, and the program provides the flexibility for it
    to be applicable in all of those areas. We know that this
    legislation was the culmination of bipartisan negotiations in
    this committee. As such, AASHTO members have been working with
    USDOT to encourage them to implement IIJA in a manner that is
    consistent with the letter of the law and the negotiated
    balance of policy priorities that were necessary to get this
    bill to the President's desk.
        This morning, I would like to address the following topics:
    highway safety, discretionary grant programs, Buy America, and
    the impact of inflation on delivering projects.
        Last year, nearly 43,000 people died in traffic crashes
    nationwide. This is unacceptable, and we all must to better to
    address this crisis. Thanks to this committee's leadership, the
    IIJA increased funding and flexibility for the Highway Safety
    Improvement Program, which allows States to expand their
    efforts to implement projects and programs that improve highway
    safety.
        But it is also important to note that States utilize
    funding from nearly every Federal Highway category to make
    safety improvements. The overall increase in funding in IIJA
    will also provide State DOTs with additional resources to help
    reverse this trend and make progress toward out ultimate goal
    of zero roadway fatalities.
        Another significant aspect of IIJA is the historic increase
    in funding for discretionary grants. We believe the efficient
    and effective delivery of the IIJA's discretionary programs is
    critical to achieving some of Congress's most important
    priorities. Many of these programs are open to local entities
    that may struggle with the complex set of rules that go along
    with receiving Federal Highway funding. We encourage USDOT to
    simplify the requirements for all of their programs and
    eliminate as much bureaucratic red tape as possible. This will
    enable all grantees to be more successful, whether they are
    cities, counties, or State DOTs.
        Before I close, I would like to spend a few minutes
    discussing some of the challenges that we are already seeing
    with the implementation of IIJA. AASHTO and the State DOTs
    strongly support the intent behind the inclusion of the new Buy
    America requirements in IIJA. The expansion of America's
    manufacturing capacity and the creation of new domestic jobs
    will encourage economic growth and make us a stronger Nation.
        At the same time, we firmly believe it is in the public
    interest to implement these new requirements in a way that
    allows for the timely and successful delivery of critical
    infrastructure. The bottom line is, there are some of these
    materials and products that are used in transportation projects
    underway right now that are not made in the U.S., so
    transportation agencies need additional time to integrate these
    new requirements into their program and project delivery
    processes, and our private sector partners need additional time
    to revamp their business plans to be able to produce these
    products and materials domestically. Without that additional
    time, these projects may be delayed, and some may even be
    canceled.
        Finally, State DOTs continue to struggle with the
    unprecedented impacts of inflation. Huge increases in the cost
    of construction materials and severe supply chain disruptions
    are driving up the cost of projects and have the potential to
    wipe out the entire funding increase provided to State DOTs
    through IIJA. This will have negative effects throughout the
    industry. But the impacts of this will be especially
    devastating to small and disadvantaged business enterprises
    that lack the resources to absorb these unexpected cost
    increases.
        This is one of the reasons that AASHTO and 27 other
    national organizations support S. 3011, cosponsored by Senators
    Padilla and Cornyn. This bill would clarify that States and
    localities can use ARPA funds for transportation projects and
    to cover those incremental cost increases that we are seeing
    due to inflation. We feel strongly that Congress should send
    that bill to the President's desk before the end of the
    calendar year.
        In summary, AASHTO and its members are thrilled for the
    chance to implement this historic piece of legislation and to
    deliver public benefits to every corner of the Country. Thank
    you again for the opportunity to testify. I am happy to answer
    any questions.
        [The prepared statement of Mr. Tymon follows:]
      [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Thank you so much for that testimony.
        I am going to start off with Secretary Majeski. You
    mentioned the sad increase in deaths on our roads and highways
    and bridges in Delaware. For our other colleagues, I-95 is
    being reconstructed right through Wilmington, Delaware. It is
    an incredible project. The major highway in our Country
    literally goes right through Wilmington, Delaware.
        We have seen a loss of life there because of vehicles that
    are going too fast, despite the great efforts, herculean
    efforts of the Secretary and her team to address that. I was
    asked today on the train by several passengers, thank God we
    have the train because it enables us to move expeditiously up
    and down the corridor. I told people, they said, when will I-95
    reconstruction be done? I said, I think by the end of this
    year. Was that good guidance or not?
        Ms. Majeski. That is correct, sir. We hope to have all the
    major work completed by the end of this year. There will still
    be, as we call it, punch list items that will continue into
    next year. But the major impacts to the roadway will hopefully
    be completed by the end of this year.
        Senator Carper. Thanks for all the work that has gone on
    there and for your leadership, as well.
        I think it was in March of this year, our Governor, John
    Carney, announced that Delaware was going to join 13 other
    States in adopting California's zero emission vehicle
    regulations, which will make it easier for Delaware drivers to
    be able to purchase electric vehicles and save households
    anywhere from $500 to $1,000 a year on fuel costs.
        My question is, how is DelDOT supporting those commitments,
    and how will the funding from the Bipartisan Infrastructure Law
    for transportation electrification align to support those
    efforts?
        Ms. Majeski. Yes, thank you. We are working with our
    partner agency, DNREC, on developing our strategic plan on EV
    deployment throughout the State. Our NEVI plan was recently
    approved, so we are excited to be able to get started on phase
    one of that, which will focus on our alternative fuel
    corridors. Then the next phase, we will work on filling the
    gaps within our transportation system to make sure that we are
    providing EV charging to not just on the main highways, but
    throughout the State, so that communities and neighborhoods
    have access to the EV charging as well.
        We are one of the partners working, like I said, with
    DNREC, but also with the electric providers to be able to make
    sure that we have the utility access and coordination to be
    able to deploy this electrification throughout the State.
        Senator Carper. Thanks. Madam Secretary, would you share
    with our committee the Delaware Department of Transportation's
    experience in working with the U.S. Fish and Wildlife Service
    to ensure that transportation projects do not further imperil
    endangered species? How does proactive collaboration and
    conservation with the Fish and Wildlife Service help avoid
    project delays?
        Ms. Majeski. It is very critical that we have a good
    working relationship with the agency. We try to work
    collaboratively with all of our Federal agencies, especially,
    as my colleague mentioned, whenever an endangered species or
    any type of issue might come up. We want to be good stewards of
    the environment, and we want to protect our natural resources.
        Having that partnership with them is critical, especially
    if there is some sort of endangered species or there are
    limitations to when construction can occur. We have to be able
    to plan our projects accordingly so that we know when, in fact,
    construction can happen, so that we are not disturbing certain
    areas and species throughout the State. That partnership is
    critical. So far, so good, I will say, but there is a lot of
    planning and coordination. We have a 6-year capital plan that
    we develop, and so we are working in partnership with them to
    identify any potential conflicts that we may have and so we can
    adjust our construction timing accordingly.
        Senator Carper. OK, thank you.
        Question, if I could, for the mayor, Mayor Romero. Thanks
    again for your testimony especially on transportation equity
    and climate-related issues and your work to revitalize
    communities while also reducing transportation emissions. I
    believe that the funding from the Bipartisan Infrastructure
    Law, especially when paired with new funding made available in
    the Inflation Reduction Act, will make it possible for cities
    to achieve their ambitious climate goals and make long-lasting
    and transformative changes.
        Question: how are you partnering with community-based
    organizations to ensure that they are aware of and have the
    technical capacity to access the opportunities made available
    in these two laws, and what could Federal agencies do to help
    facilitate local capacity building and enable city progress on
    climate and equity goals?
        Mayor Romero. Thank you, Mr. Chairman. The city of Tucson
    has a long history of having extensive community engagement
    actions in our city. For example, right now, we are putting
    together a Climate Action Plan and making sure that we are
    getting to each and every community and in different forums.
        I believe that with the newer funds in both the Bipartisan
    Infrastructure Law and in the Inflation Reduction Act, we will
    have to receive technical assistance, maybe even for cities.
    The city of Tucson has a super competent team in our Department
    of Transportation and Mobility and other department. But
    technical assistance for us to be able to partner with other
    organizations in our city to be able to navigate the new
    programs that will hopefully exist for EV infrastructure and
    for electrification purposes, as well as being able to prepare
    and collaborate with other jurisdictions like the State and
    Pima County and the city of Tucson in partnering together to
    navigate the new programs that will exist for us to be able to
    electrify and expand different modes of transportation in our
    city.
        Capacity building, we were just at the Department of Energy
    yesterday. I think that another area to help us navigate is the
    partnerships with community colleges and universities as we
    create the green jobs of the future with the Inflation
    Reduction Act especially. Because we are moving from, for
    example, in Pima County, the city of Tucson, we have Pima
    College training automotive techs with the new technology of EV
    vehicles. I think that would be a best practice to be able to
    offer technical assistance and to move fast so that the cities
    can tap into the funds, receive the grants, and put the
    projects to work.
        Senator Carper. Good. What you are doing there is actually
    something that reflects in what we are doing in Southern
    Delaware in Georgetown with Del Tech in terms of training auto
    techs, and making sure that not only can they fix diesel and
    gasoline powered vehicles, but also electric vehicles.
        I am going to turn it over to my colleague, Senator Capito.
    I want to telegraph my next pitch when we come back, if we have
    time for another question or two. The question I am going to
    ask all of you is, what kind of advice, if you could give some
    advice to Secretary Buttigieg, what kind of advice would you be
    giving to him at this point in time. Senator Capito?
        Senator Capito. Thank you, Mr. Chairman. Yes, thank you all
    for your opening statements.
        Secretary Wriston, I wanted to ask about when we were
    negotiating the Surface Transportation Reauthorization in this
    committee, we talked a lot about greenhouse gas performance
    measures, and we decided not to give the FHWA that authority.
    But they have now, FHWA has released a proposed rulemaking to
    establish a greenhouse gas emissions performance measure
    requiring States to set declining targets.
        For our State, what is your reaction to that? Have you seen
    that? What kind of measures, since we have a diffuse
    population, obviously, our emissions are going to be a lot
    less, and so to improve those is going to be more difficult for
    us. That is the way I see it. How do you see this?
        Mr. Wriston. Yes. Here we go again. The law is clear. That
    provision is not in it. Transportation is not opposed to
    working toward reducing our greenhouse gas emissions; of course
    we are not. We are going to do anything and everything we can,
    which is exactly why the flexibility that is ingrained in the
    formula programs are so important, to be able to flex just the
    carbon reduction program.
        The rules told us clearly that we could flex up to 50
    percent of that bucket to a more flexible category. We did in
    West Virginia. The FHWA's division offices, they ran the gamut
    with guidance on that across the Country, with the 52 DOTs.
    Some States were told they could; some States were told they
    couldn't. Ours was approved for 3 months while everyone else
    was still hearing that it couldn't be done.
        The greenhouse gases, the DOTs are absolutely not opposed
    to this, but we need the flexibility to do things that will get
    a result. By moving that money into a different bucket, you
    give me the flexibility to take a holistic approach, to look at
    the overall environmental concerns and put together
    comprehensive plans to address them.
        Yes, we are going to have to use a little innovation. We
    are going to have to use some technology to deliver these
    things, absolutely. But transportation is not the worst
    offender in the world with greenhouse gases. We can take care
    of a portion of this. Transportation is not the solution to
    zero greenhouse gases. It is just not true, and it is never
    going to be true.
        We can work on this. We need flexibility to do it. A firm
    performance measure, absolutely not. The minute you give me a
    performance measure, you are telling me upfront, you are going
    to set a bar, in many cases, arbitrarily, and I am going to
    have to move that needle over time or I am going to get a
    penalty somewhere.
        Senator Capito. Right. So, it is consistency. I think that
    is what we are hearing. Mr. Tymon, what are you hearing, since
    you hear from all different? The consistency, actually, we
    emphasized this last week with the nominee to say that one
    State says yes, one State says no on exactly the same types of
    provisions or requirements. What are you hearing in a more
    general sense on this issue?
        Mr. Tymon. On the greenhouse gas?
        Senator Capito. Greenhouse gas, or the inconsistency of the
    district directors.
        Mr. Tymon. I would say, first, on the greenhouse gas
    emissions, the rulemaking is currently pending. We are putting
    together our comments. We have States probably all over the map
    on this. We have several States that will support it and a lot
    of States that will be opposed to it.
        We, as an organization, were opposed to it during the Obama
    administration when they came out with this provision mainly
    because, again, it wasn't spelled out in the law that this is
    something that they should do. With this one, I think we
    clearly have concerns about as Secretary Wriston mentioned. The
    declining targets, I think, is a problem. That is an approach
    that is not used in any of the other performance measures that
    we have.
        Then, again, the ability for State DOTs to be able to
    influence this specifically, I agree with Secretary Wriston.
    Every State in the Country wants to do everything they can to
    reduce greenhouse gas emissions. But State DOTs are probably
    limited in how they can impact this reduction specifically.
        Overall, I do think that it is a concern that we do seem to
    get different guidance from State to State on different issues.
    I think this example on the transferability of certain funds
    from different programs really came to light this summer.
    Several States had asked their division offices for the ability
    to transfer funds. Some were told yes; some were told no. Some
    were told yes, but then were sent a stern letter saying that
    they shouldn't do it. That is a concern for us. We have
    communicated that with FHWA and USDOT. They are aware that that
    is a concern.
        Senator Capito. OK, good. Thank you.
        On the guidance, and I only have a little bit of time left,
    but on the guidance that was put out by the FHWA, in terms of
    the memorandum that really discourages new construction, you
    want to go to maintenance, you want to go to transit, you want
    to go to bike paths and other things of that nature. How does
    that impact, is that impacting you, Secretary Wriston? Are you
    actually seeing it impacting your ability to get approval for
    certain projects?
        Mr. Wriston. Well, it certainly is. I have many of these
    projects with the preliminary designs done, particularly in
    bridges. If I need to add a sidewalk arbitrarily to a bridge,
    whether I need it or not, then I have to go back to the design
    and literally redesign the steel that holds that bridge up. It
    has to be resized.
        Conversely, going the other way, if I can't add capacity to
    my interstates, well, what am I doing to the next generation if
    I spend tremendous resources on a resurfacing job on I-79 in
    West Virginia and don't take care of the added capacity I know
    I am going to need in 12 or 15 years? It makes planning
    impossible.
        Senator Capito. OK. Thank you.
        Senator Carper. Thanks, Senator Capito.
        Senator Whitehouse has joined us, and we are happy that he
    is here. Sheldon, please go right ahead.
        Senator Whitehouse. Thanks.
        Let me first ask a question of Mayor Romero. I visited your
    sister city, Phoenix, not long ago, and was told by the
    emergency management city director that they were having to
    redo the staffing for all of their first responders to deal
    with the problem of operating in extreme heat environments,
    that you needed to have more people available so that you could
    rotate somebody through a fire or a crash site or whatever it
    was much more rapidly.
        In addition to the additional personnel required for that,
    they also had to have cooling crews ready to deploy when people
    were becoming overheated and needed overheating first aid. Are
    you seeing that in your city as well?
        Mayor Romero. Excellent question, Senator. Thank you.
    Climate change in Arizona is not as tangible as we see in other
    places, like hurricanes and flooding. What climate change is
    doing to our State is that we are living in the 22d year of a
    drought. We are concerned about our water supply through the
    Colorado River, and we are experiencing more days 100 plus
    degree weather throughout the State.
        In Tucson, the way we are addressing climate change is
    through acting. We are putting together a climate action plan,
    working with the community to put it together. But we also need
    Federal funds to be able to support he plans that we have as
    cities in order to protect our residents from climate change.
        We are seeing 100 plus degree days more and more throughout
    Arizona. We are experiencing wildfires that are increasingly
    coming closer to our urban cores. We are seeing more asthma and
    especially seniors dying from heat-related illnesses. Our
    workers, I would say, our first responders, our construction
    workers, people that have to work outside are at greater risks
    of heat exhaustion in our State.
        Senator Whitehouse. Particularly when they have to wear
    protective gear to accomplish their mission successfully.
        Mayor Romero. They do, or have less hours of work, or we
    would have to change the way we deliver services as a city.
    That is very expensive.
        Senator Whitehouse. Thank you. Let me stop you there so
    that I can ask Secretary Majeski a question. I really
    appreciate it.
        Mayor Romero. Thank you.
        Senator Whitehouse. On the subject of planning, as the
    Mayor mentioned, Rhode Island, like Delaware, is a coastal
    State, and we are facing basically having to redraw our
    coastline with current sea level rise projections. You
    mentioned a billion dollars in infrastructure just in Delaware
    alone at risk.
        Could you let me know how much of that you think is related
    to sea level rise risk? If you could, also comment on the need
    for planning in local communities who don't necessarily have
    the skill set to plan ahead, the tax-based problems they are
    required to confront when they do that planning and have to
    concede that things are going to be quite different, and the
    difference between wreck and repair versus plan and protect as
    strategies, and the additional expense that that creates
    upfront for our coastal communities?
        Ms. Majeski. We are seeing the direct impacts of sea level
    rise and climate change. It is real in our State. We have about
    250 miles of roadway that is overtopped with water pretty much
    year-round on sunny days, and a lot of that is due to the tidal
    flooding that we are seeing. So it is not just those strong
    storm effects. It is everyday flooding that we are seeing on
    sunny days.
        We are kind of doing a two-pronged approach here. We have
    now, with the Federal funding, we are able to kind of do
    studying. We just launched the SR1 Coastal Resiliency Study
    actually last night, where we are looking at the entire Route 1
    corridor from the beaches to the Maryland line. Because that
    stretch of roadway not only has the ocean, but it has the Bay.
    It is very vulnerable. We are looking at long-range planning,
    what we can do there.
        We are also partnering with the local universities on
    different material types and different things that we could be
    doing. We have a lot of our local small communities that are
    impacted by this flooding, as well, and so that planning and
    coordination with the local communities. We have a road in
    Bowers Beach, South Bowers. There are 30 homes. They have one
    way in and one way out, and it is overtopped with water almost
    every single day. So we are going to be using some experimental
    pavement, some pervious pavement, so we can see if that works
    so we can help this community.
        All of those things, it is going to take a lot of effort
    from us. We are partnering, as I mentioned, with the
    universities on doing roadway flooding sensors so that we can
    have better communication with our first responders and our
    school districts, as well.
        Lots of planning coordination, trying different material,
    trying to be innovative to protect the existing roadway that we
    have. But as we are planning these future projects, taking sea
    level rise into account as to what the road design is, what
    elevation should it be, and then protecting and working with
    those local communities is critical.
        Senator Whitehouse. Thank you very much.
        If I could just mention one other thing. It is not a
    question, but we just got an $82 million grant for the bridge
    that connects Aquidneck Island with the mainland through
    Jamestown. It is called the Pell Bridge after our former
    colleague, Senator Claiborne Pell.
        With climate change and with changes in humidity and
    temperature, there is more intrusion of moisture into the
    cabling and structure of the bridge, so both that bridge and
    the Mount Hope Bridge between Aquidneck Island, Portsmouth, and
    Bristol, we are having to put in very expensive repairs to
    protect those bridges to dehumidify the inside of the bridge.
    That was not something we had to think about a few years ago.
        So it is beyond just coastal flooding. Even things that
    look like really strong, fixed, stable, iconic pieces of
    infrastructure are affected, and thank goodness we got the
    biggest grant to Rhode Island transportation in Rhode Island
    history to help with that problem. Thank you.
        Senator Carper. Thank you for all those points, Sheldon.
    Next is Senator Cramer. Senator Cramer, welcome. Thanks for
    coming early and staying late. Thank you.
        Senator Cramer. Thank you. I wouldn't miss this show for
    anything. We have four really good witnesses.
        Senator Carper. Should we charge admission, what do you
    think? Maybe next time?
        Senator Cramer. I wouldn't go that far. Maybe next time.
        I have to say, listening particularly to the three local
    and State officials, your stories and your reflections and your
    experiences reflect the diversity of our great Country. I think
    serve as testimony, each together and certainly all together,
    each individual and all together, as to why flexibility is so
    darned important.
        When I hear about drought in Arizona and flooding in the
    Northeast, we hear from Sheldon and Senator Carper and our
    friends from the coast about your situation a lot. Obviously,
    the mountains, we have a diverse Country. Our geology is
    different. Our hydrology is different. Our demography is
    different. We are all different. This just speaks volumes to
    the importance of federalism and States having more control.
        All of that said, a couple of things. I was, tempted,
    frankly, to give all five of my minutes to Secretary Wriston
    because I want to hear the whole bumblebee story. But I have a
    pretty good sense of what it is about. I have a pretty good
    sense of what it is about, and it too speaks to the importance
    of getting God's human creatures higher up the food chain, if
    you will, of importance at the bureaucracy.
        You said something interesting, Mr. Wriston, that I want to
    explore a little bit. In referencing the lack of a specific
    greenhouse gas rule, you said that the law is clear, it is not
    in there, or something to that effect. The problem with the
    bureaucracy is, what they have figured out is most of the time,
    they do what we require them to, but not even that, all of the
    time. But they almost never pay attention until we tell them
    what they are prohibited from doing. Do you know what I mean?
        So, the lack of a prohibition to them is license to do
    whatever they want, and that is what you are experiencing in a
    lot of these things. In fact, Mr. Tymon, we are seeing lots, I
    have noticed, out of Transportation and the DOT, lots of
    Federal registry notices. There is an uptick in all of that, at
    a time when, I love what you said Madam Mayor, when you were
    talking about all your concerns, and you said, ``and do it
    fast.'' Fast isn't in the bureaucratic mindset.
        I want to go to something we haven't talked about that is
    law, that was in the law specifically, and that is the One
    Agency Decision rule. The reason for One Agency Decision, and
    why I think it works so well, and I spent 10 years as a
    regulator in North Dakota, One Agency Decision is not to cut
    corners. It is not designed to diminish the integrity of
    oversight or environmental protection. In fact, not at all.
        I think you can do it much, much better, much, much faster
    with more efficiency and integrity with One Agency
    Decisionmaking because if you do things, rather than doing them
    chronologically, if you do them chronologically rather than
    concurrently, you are going to add time. But if you do it
    concurrently, you are going to add synergy, not just
    efficiency, but synergy, and that is what makes sense to me.
        The bureaucracy likes chronological because it serves their
    interests best. That way, every agency can take as long as they
    want to do a simple thing, and then pass it to another agency
    to take as long as they want to do a simple thing. We are
    living at a time when we have work force shortages. It is
    getting harder to attract people to public service, just as it
    is to the private sector. I think the One Agency Decision rule
    is not being utilized, and I think it could be the answer to a
    lot of your challenges.
        I would be interested, starting with you, Mr. Tymon, from
    the Association's standpoint. Again, you represent a lot of
    diversity, and we see great examples of it sitting right next
    to you. Couldn't the One Agency Decision become part of the
    solution?
        Mr. Tymon. Thank you for that question, Senator.
        I do think that every State DOT in the Country supports
    finding ways to expedite the approval of projects and doing it
    in a responsible way where we are not harming the environment.
    I do think that the Federal One Decision provisions do carve
    out a path for there to be a more efficient decisionmaking
    process. We have been advocating for 10, 15 years for a more
    concurrent review process as opposed to consecutive. This
    provides a good foundation for us to move forward in that
    direction.
        Senator Cramer. OK, really quickly then. You talked about
    the grants, the discretionary grants, we have heard about that,
    the importance of the formula. Again, can we simplify even the
    discretionary grant programs by just applying the basics of the
    formula? They are coming out with more ways to make it harder
    rather than facilitating them, in my view.
        Mr. Tymon. Well, one thing that the Administration did do
    for several of the discretionary grants is they came up with a
    common application. I have to give them a lot of credit for
    that, because I think that did help for people that were
    potential grantees, they were able to just go to one
    application. But it wasn't for every discretionary grant that
    they have out there.
        I think that is going to be a challenge for this
    Administration moving forward, given the size of the
    discretionary grants and the number of them, how can they do
    that in an efficient manner to process those applications and
    get the dollars out on the street? I think that is going to be
    very tough over the next four and a half years.
        Senator Cramer. All of the directors are nodding their
    heads. Thank you all for being here.
        Senator Carper. Thank you.
        We have been joined by Senator Padilla from California.
    Senator Padilla, welcome. Good to see you. You are recognized.
        Senator Padilla. Thank you, Mr. Chair. Right on time, no
    less.
        Colleagues, the Bipartisan Infrastructure Law created the
    PROTECT program to fund projects that improve the resiliency of
    our surface transportation infrastructure. I was proud to
    author language that added wildfires to the list of natural
    disasters relevant to resiliency improvement grants under the
    PROTECT program. It made vegetation management practices and
    transportation rights of way eligible for grant funding and
    prioritizes resiliency improvements grants for addressing the
    vulnerabilities of surface transportation assets with a high
    risk of failure due to the impacts of wildfires, clearly,
    something that is increasingly common in California, as well as
    in your State, Mayor Romero.
        My question is to you: as the Tucson region faces continued
    wildfire threats, why are the resources that the Bipartisan
    Infrastructure Law provides central to improving the resiliency
    of our surface transportation infrastructure from wildfires and
    other natural disasters and climate vulnerabilities?
        Mayor Romero. Thank you, Senator Padilla, and thank you for
    adding wildfires to the list of natural disasters in the
    PROTECT program.
        The city of Tucson benefits from having two incredible
    national parks on both the east side of our city and the west
    boundary of our city. We have beautiful mountain ranges
    surrounding our city. We have seen wildfires in our mountain
    ranges become dangerously close to homes and residents in our
    city.
        At the same time, we must address wildland-urban interface
    issues, including risks of fires, floods, and mudslides and
    their potential impacts on both private property and public
    infrastructure.
        This is why the city of Tucson supports the inclusion of
    the PROTECT program in the BIL. It will help ensure that our
    infrastructure can stand up to such events to protect life,
    health, and property. Specifically in Tucson, we are a center
    for logistics in our region. We are 60 miles from the Mexican
    border, we have rail, we have air, we have an interState that
    connects our entire State from Tucson. Commercial activity and
    supply chain shipments move through Tucson every hour.
        Therefore, infrastructure failures in Tucson due to climate
    change can negatively impact national economic and security
    interests. The costs of these failures can be significant, so
    we need to make sure that we are putting that resiliency on our
    infrastructure so that we don't have to pay billions of dollars
    to repair. We need to be able to protect beforehand.
        Senator Padilla. I appreciate your highlighting the supply
    chain impacts, not just local geography, but once you are
    impacting supply chain and logistics of goods moving in
    addition to people moving, then we are all feeling it
    indirectly.
        My next question is in the area of flexibility and
    delivering emergency relief projects. Under current
    regulations, the Federal Highway Administration is allowed to
    being clawing back emergency relief funding if projects do not
    initiate construction by the end of the second Fiscal Year
    following the year in which the disaster occurred.
        Now, while States can apply for extensions provided in 1-
    year increments for delays caused by the need for extensive
    environmental evaluation, litigation or complex right-of-way
    acquisition, the Federal Highway Administration has previously
    denied such requests for a number of projects to repair
    disaster damage. To help ensure communities that are impacted
    by natural disasters have adequate time to utilize Federal
    funds to repair their transportation infrastructure, I led a
    bipartisan letter earlier this year urging DOT to update
    emergency program regulations to extend the construction start
    deadline by 2 years.
        The question is for Mr. Tymon. Why is this proposed update
    important to ensuring State departments of transportation have
    practical requirements in a reasonable period of time to carry
    out their significant and often complex projects to repair
    transportation assets after a disaster?
        Mr. Tymon. Thank you for that question, Senator. We are
    hearing from several States, and we have seen this over the
    last five to 8 years, that several States are getting into this
    situation where the post-disaster recovery is such a complex
    effort that they need additional time beyond those 2 years to
    be able to plan and permit the project in a way that makes the
    most sense for that specific situation.
        So we certainly support your efforts to extend that
    timeline to 4 years. We think that is the best approach. This
    2-year approach may have worked well 20, 30 years ago. But
    given the changing nature of how complex these recovery
    projects are, given climate change and some of the other
    challenges that we are seeing, I think an extension is
    absolutely appropriate.
        I do want to also take a moment to mention, we really do
    appreciate your support for S. 3011, the legislation that would
    give States the flexibility to use ARPA funds for
    transportation projects, and to cover those cost increase
    associated with inflation. Thank you for that.
        Senator Padilla. I appreciate that acknowledgement. I
    understand it came up earlier in the hearing. We are still
    trying to get it done.
        Thank you, Mr. Chairman.
        Senator Carper. Senator Padilla, thank you. Senator Kelly
    has rejoined us. Senator Kelly, thank you not only for
    rejoining us, but also for inviting Mayor Romero to come and
    testify.
        Senator Kelly. Thank you, Mr. Chairman.
        Mayor Romero, another issue that I regularly raise on this
    committee is the challenge of PFAS contamination. We spoke
    about it yesterday in my office. Most of the PFAS contamination
    in Arizona is in our groundwater, in aquifers. That poses a
    special challenge in our State, especially in Tucson, because
    groundwater is our backup supply. That is after the Colorado
    River.
        Mayor Romero, can you briefly explain where Tucson gets its
    water from, and how important a backup supply of water is given
    the cutbacks on the Colorado River?
        Mayor Romero. Thank you, Senator, for your leadership in
    really putting PFAS on the map, especially in this Bipartisan
    Infrastructure Law.
        Most of our PFAS contamination in Arizona is in our
    groundwater, in our aquifers. We are a sole source aquifer,
    which means that we get our water, our secondary supply of
    water, because our primary supply of water is from Central
    Arizona Project, which is the Colorado River water. Secondary
    source of water is our aquifer. It is a closed aquifer. That
    means that it doesn't discharge to rivers or an ocean to clean
    and remediate the PFAS from the water. It is not a recycling
    system.
        So we have to literally take our aquifer water and
    remediate it from PFAS. That is what has been taking our funds.
    We are spending a million dollars a year, we have spent almost
    $50 million in remediating PFAS. Our ratepayers did not cause
    this issue.
        With the drought, the 22-year drought that we are living in
    in Arizona, the less access to Colorado River water the more
    dependent the city of Tucson becomes on our aquifer water, on
    our secondary source. If it is contaminated with PFAS, that
    makes much less availability. Right now we are not using 10
    percent of our water supply because of PFAS contamination.
        It is incredibly important, the work that this committee
    did to include PFAS remediation and access to it for cities
    like Tucson, Arizona, because it really is our source of being
    able to continue to thrive as a city.
        Senator Kelly. Yesterday we were talking about how the
    plume in the aquifer, the PFAS plume is mobile.
        Mayor Romero. It is moving.
        Senator Kelly. It is moving, and we have to get ahead of
    it. These funds in the Infrastructure Bill allow us to fund
    that remediation effort to head it off at the pass.
        Yes, we have a lot of work to do. I want to continue to
    work with you, and we will work with the EPA on this to make
    sure everything is in place to deal with this issue.
        Another issue that I raise in this committee often is a
    transportation issue, finishing InterState I-10, actually
    expanding it between Phoenix and Tucson. It goes down to two
    lanes for 25 miles. Every day there is an accident that causes
    a backup in excess of an hour.
        The Arizona Department of Transportation has applied for a
    Mega Projects grant, which we created in the Bipartisan
    Infrastructure Law, to widen this 25-miles stretch and better
    connect our two population centers. In the remaining time here,
    Mayor, from Tucson's perspective, what are the advantages of
    expanding I-10 and improving the flow of people, goods,
    services, between our two major cities?
        Mayor Romero. Thank you for your leadership on both the
    PFAS issue and this issue, Senator. For Tucson, it is extremely
    important to be able to have access to the largest city in our
    State. There are commuters going back and forth from Phoenix to
    Tucson. It is a primary connectivity. The delay, the accidents
    on that stretch of InterState 10 that cause the flow of goods
    and services between our cities, the first and second largest
    city in the State, is very cumbersome, especially because we
    share the road with semi-trucks. That becomes another delay
    issue of supply chain services.
        We are looking forward to additional leadership from you in
    terms of the work that you have done with the possibility of
    Amtrak connecting commuters from Phoenix to Tucson. That way,
    we could remove single passenger cars from I-10, so that we
    could see those goods and services flow better. Thank you so
    much, Senator.
        Senator Kelly. Yes, Tucson is the 33d biggest city in the
    Country, Phoenix fourth or fifth, fifth biggest. Yes, we have
    to resolve these problems. It is not only 25 miles of two
    lanes, but there is also no feeder or access road. So when
    there is an accident, you have hundreds of cars often that are
    just stuck there for hours. There are major manufacturers of
    renewable energy, technology, even electric cars, and this
    potentially could shut down their production lines.
        So it is good for Arizona, it is good for individuals, and
    it is good for companies and safety as well. So thank you.
        Mayor Romero. Thank you, Senator.
        Senator Carper. Thank you, Senator Kelly. We have been
    joined by Senator Sullivan from Alaska. Senator, how are you
    doing? Welcome.
        Senator Sullivan. Thank you, Mr. Chairman. I am doing
    great.
        Senator Carper. You are recognized.
        Senator Sullivan. Madam Ranking Member, good to see you as
    well.
        Mr. Tymon, I want to talk to you about an issue I think is
    important. In your testimony you discussed AASHTO's core policy
    principles, including the increase in flexibility, reduction of
    program burdens, and improvements of project delivery. I think
    we all would agree on the importance of that.
        My question relates to the assignment of NEPA authorities
    to States, which is a really important program, certainly
    important for Alaska, and supports your core principles. The
    FHWA has been inserting language into the MOUs between States
    that would allow them to withdraw NEPA authorities from States
    upon a ``civil rights allegation.''
        Now, there is no statutory authority whatsoever. I am going
    to meet with the nominee to be the next director of the FHWA,
    he had a hearing here last week. I am going to meet with him
    this afternoon and talk about this.
        Or more broadly, if they determine that a project doesn't
    fit ``environmental justice goals.'' These are really broad
    mandates, again, not statutory at all. Not to minimize the
    seriousness of civil rights violations, I have been making a
    strong argument that the Biden Administration actually
    proactively discriminates against Alaska Native people,
    indigenous people in my State. But that is a whole other topic.
        But this certainly, from my perspective, provides potential
    for abuse of discretion by the Federal Government when the
    whole purpose of what we are trying to do here is provide more
    flexibility to the States and to be able to get a more
    streamlined permitting process that is State-focused. It is my
    understanding from reviewing comments by FHWA that they have
    already strong-armed Florida and Utah into accepting this
    language into MOUs.
        Can you comment on the potential impact of this MOU
    language change on transportation projects, delays it might
    cause, and really abuse of discretion? We don't want civil
    rights violations; we are all against that. But to try to
    insert it into the NEPA authorities for States to me is a real
    broad abuse of discretion. I would be very interested in your
    views.
        Mr. Tymon. Thank you, Senator. First, let me say that this
    program in particular I have a specific interest in. I spent 12
    years on the House Transportation Committee, part of that
    working for Chairman Don Young.
        Senator Sullivan. I know. We miss him every day.
        Mr. Tymon. This program originated really from language in
    the House back, I believe starting with SAFETEA-LU, actually,
    the first iteration of this.
        Senator Sullivan. Yes.
        Mr. Tymon. We have heard from many of the NEPA assignment
    States about their concerns with the changes in the agreement
    that FHWA is pushing for.
        Senator Sullivan. By the way, do you think FHWA has any,
    you know the staff, do you think they have any statutory
    authority to do this? I don't, but I am curious about your----
        Mr. Tymon. I think they are trying to fix a problem that
    doesn't exist. We have had extensive conversations with the
    Administration. They say that they don't see anything that has
    happened so far that would raise concern for them, but they
    want to put this in here anyway, just from a belts and
    suspenders standpoint.
        Again, I don't think this is a problem that exists that
    they need to fix.
        Senator Sullivan. Yes.
        Mr. Tymon. They have been pushing hard, you mentioned
    several States that did accept the language. Their agreements
    were expiring. They had the choice of really accepting the
    language or essentially not having----
        Senator Sullivan. Well, I know for a fact my State is very
    concerned about this. We have a strong record on all of these
    issues. But it just seems to be a broad overreach. Also, it is
    going to do what I think every panelist in this hearing is
    against, which is delay the implementation of infrastructure in
    our States.
        Would you agree with that? Certainly has the potential to
    do that. Because remember, the language is an accusation of
    civil rights violation. I mean, anyone can make an accusation.
        Mr. Tymon. Right, and when you talk to FHWA, they say they
    aren't going to utilize this in a way to delay projects. But I
    will say that States that are utilizing this program have built
    up an infrastructure to be able to take on these
    responsibilities and the delegation of that authority. In those
    States, actually FHWA has kind of reduced their presence.
        So to have to reverse this trend for States that have had
    this agreement, it would be a really tough transition to go
    back to the way things were before those States entered this
    program.
        Senator Sullivan. OK, thank you. Any other witnesses have a
    view on this? It is a very narrow topic, but it is a pretty
    important one. Again, I know my State is quite concerned about
    it. Anyone else?
        Mr. Wriston. If I may, there is also a significant issue of
    sovereign immunity and giving that up with this.
        Senator Sullivan. That is a good point.
        Mr. Wriston. That is a big part of this as well.
        Senator Sullivan. Great, thank you. Anyone else?
        Thank you, Mr. Chairman. And I think it is an important
    issue that we need to look at hard, particularly as we are
    getting ready to vote on the confirmation of the new FHWA
    Administrator.
        Senator Carper. I am glad to hear that you are going to be
    meeting with him this afternoon. We are very much interested in
    moving that along. I know you share that, too.
        Senator Sullivan. Thank you.
        Senator Carper. Senator Capito, and then if we have no one
    else, I will wrap it up. I have a couple more questions. One of
    the questions I have already telegraphed, the advice you would
    all have for Secretary Buttigieg. My other question is going to
    what questions you wish you had been asked and have not been
    asked.
        All right, Senator Capito.
        Senator Capito. Thank you, and thank you all.
        I want to end the questioning on, it is related to the
    bumblebee, but we had Director Williams from Fish and Wildlife
    who came to West Virginia, spent a whole day with us. We spent
    some time with Secretary Wriston, we spent some time with our
    DEP and with some of our stakeholders. I appreciate her visit
    very much.
        But it became very apparent that we have a communications
    problem here. At this point it was Fish and Wildlife. But what
    really struck me in terms of the One Federal Decision
    provisions, that have been in effect for a while, we simply
    codified them in this last bill, because we know that will save
    time and money and hopefully have these concurrent reviews.
        But it was almost like, well, Fish and Wildlife has this
    review, and then, well, we have Corps of Engineers over here
    and we have Federal Highway Administrator here, then we have
    West Virginia DOT here, and we have West Virginia Environmental
    Protection here. It just seemed like it was a ping-ponging of
    responsibility and a lack of communication, and not getting to
    the approvals that you need to get to to get these things
    moving forward.
        Secretary Wriston, One Federal Decision, Mr. Tymon talked
    about it a little bit. Is it actually in effect in your mind?
    Because now we are talking about, if a permitting bill comes
    up, one of the bases of this permitting bill, we think, might
    be that One Federal Decision would be extended to energy
    projects, grid projects and all these other things. We are the
    test case here in Transportation. Is it working? Is it a
    reality? What are the problems? What are the good things about
    it?
        Mr. Wriston. Well, the good things, it is the framework for
    the FHWA to be the single point, and to be the clearinghouse.
    As the Secretary of Transportation, when I assign someone a
    project, the first thing I do is put somebody in charge,
    somebody I can hold accountable. That is what we have to do
    with this process, is put somebody in charge.
        You ask if this is working; absolutely not. It has largely
    been ignored. We have had discussions at meetings that the
    Acting Director was at. There doesn't seem to be a sense of
    urgency to enact this or to even discuss it very much.
        The key to this provision in the law is going to be to act
    quickly and get it in place and address these processes. We
    have to rebuild trust between the States and these Federal
    agencies. You are right; the communication is awful. It is a
    recipe for failure. We have to address these communication
    issues. And if we can't do that, then we are going to have a
    predictable result. We are not going to like it, but we are
    going to have a predictable result.
        But no, it is absolutely not working. If we are going to
    wait 2 years into the program to do something that we need on
    the front-end of everything we are doing, how does that make
    any sense whatsoever? Once again, there is a Federal
    inconsistency there. We have to do better. We have to close
    those communication gaps.
        Senator Capito. I think that is part of the purpose of the
    hearing really today, is for us to say, these provisions of, as
    you said in your opening statement, which I thought was very,
    very impactful, when you say we have a chance here, you have
    been around a while, we have a chance here that you have never
    seen. Because now we have the money, it is not just the time,
    it is the money. We also have the will of Congress, and of the
    President to move forward on these things. I know our Governor
    certainly is very active. He wants to build or he wants to fix
    and maintain, and I know you have a lot of pressure that way.
        But if we wait until the back end, we are going to end up
    wasting money, No. 1, because we are going to end up approving
    things that maybe wouldn't have gotten approved if they had had
    the full vetting. You know how it is, you start to run out of
    money so you get a little bit panicky and you go, OK, we will
    do that, and you find out 2 years later that wasn't a good
    idea.
        That is how you get one and a half miles of Route 35 built
    and it stays like that for 25 years until you completed it,
    thank you very much, just this last year.
        So I am very concerned about this, because we want to move
    these projects. We don't want to skirt any of the environmental
    laws, absolutely. We don't want to endanger a species. But we
    want to have common sense. I was impressed to hear that the
    Secretary of Transportation in Delaware doesn't have the same
    problem.
        Maybe that goes to the inconsistencies that we have heard
    about in the hearing, one State can work very well, one State
    not so well. Then you get inconsistent opinions. You don't want
    to go one way if you are not sure that in 6 months you are
    going to get pulled back.
        For instance, you had the right to be flexible with your
    funding. You got the funding flex that you wanted in West
    Virginia, then you get a letter 3 months later saying, you
    shouldn't be doing that. That makes no sense and you wonder, is
    the right hand talking to the left hand.
        So my thing is, I think this One Federal Decision is the
    best way to go. But it has to be implemented and we, I think,
    are responsible for the oversight to make sure this is
    happening. Hopefully if we get somebody in place at Federal
    Highways, because when you don't have anybody in charge, as you
    said, when you don't have anybody in charge that is really
    accountable, it makes it more difficult to hold them
    accountable.
        Thank you all very much. I am going to have to run. But I
    did appreciate everything, and I want to thank my West
    Virginians for coming across the mountain on those beautiful
    roads. I appreciate it. Thank you.
        Senator Carper. Senator Capito, thanks so much for
    suggesting we have this hearing. This has been illuminating. I
    want to say to our friends from West Virginia what a joy it is
    working with your Senator, both your Senators, actually. Thank
    you for that.
        I mentioned earlier that I was going to ask you if you had
    any advice for Secretary Buttigieg. I mentioned earlier that I
    was going to ask you if there was a question you wish you had
    been asked that you haven't been asked. Before I do that, I
    want to go back a little bit to our earlier discussion on the
    proposed greenhouse gas performance measure. I tell you, Mayor,
    what you shared with us, you and the folks from not just your
    city but your State, really from throughout that part of our
    Country, what you are going through in terms of drought and
    temperatures is just unbelievable. Unbelievable.
        I am a big music fan, and every now and then I quote a guy
    named Stephen Stills, Crosby, Stills, Nash and Young, Buffalo
    Springfield, Stephen Stills who once wrote a song that starts
    off with these words, ``Something's happening here, just want
    it is ain't exactly clear.'' Well, in this case it is very
    clear what is going on. It is going on not just in the
    Southwest, it is not just going on in our part of the world,
    but it is going on all over the world.
        It is important that while we address the symptoms of those
    problems, we also address the root causes of those problems.
    One of the simpler ways to do that are actually embodied in the
    legislation that the President signed a year ago, the
    Bipartisan Infrastructure Law, and the legislation that he
    signed just last month, which provides a lot of ways to combat
    climate change and actually grow a lot of jobs.
        So with that, I think we ought to note that the Federal
    Highway Administration has the authority, I understand, to
    issue the rule that we have been talking about here I think
    since 2012. That rule was previously issued, and then I am told
    it was rescinded. So it had the authority to issue the rule,
    rescinded the rule. It is clear that we have to address
    transportation emissions, which are, as you know, the largest
    source of carbon emissions and greenhouse gas emissions. I
    think it is like 25, 30 percent of our greenhouse gas emissions
    are from the cars, trucks, and vans we drive. Maybe another 25
    percent comes from our generation of electricity, maybe 20
    percent or so from our cement plants, steel mills and so forth.
        It is clear that we have to address transportation
    emissions. I hope that the Infrastructure Bill that we passed
    and enacted and funded and is now being implemented will help
    our States reduce emissions. I believe the rule gives the
    States the certainty they need in order to make sure there is a
    followup with respect to the flexibility that you need.
        Now, for advice to Secretary Buttigieg. I still call him
    Mayor Pete. Actually, I call him Secretary Pete. He says no,
    you can call me Mayor Pete. So I am not sure what to call him.
    He is actually pretty good to communicate with, communicative
    and responsive and so forth. I think it comes from being a
    mayor. That is always helpful.
        I would just like to ask each of you, and Mr. Tymon, we
    will start with you, if you would like. If you could give Mayor
    Pete/Secretary Pete maybe one piece of advice that he might
    have for him and his administrators who are charged with
    standing up the new transportation programs of our Bipartisan
    Infrastructure Law, what might that be?
        Mr. Tymon. First, I would say that the Secretary I think
    has been a tremendous Ambassador for the Administration in this
    area. I think he has been extremely well received and respected
    with the industry for the work he has done here over the last
    year and a half.
        I would say, my recommendation to him and to the folks that
    work with him is to continue to respect the fact that the
    transportation needs in each State are very different.
    Providing them the flexibility to be able to address those
    needs in the way that best suits that particular State is an
    extremely important part of this bill and of these programs. It
    has really been the foundation on which the Federal
    transportation programs have been built over the last 50, 60
    years. It served it extremely well during that time period, and
    I think it will continue to serve it well in the future.
        Senator Carper. All right, good. Thank you. Secretary
    Wriston, if you could give Secretary Buttigieg one piece of
    advice with respect to actually implementing this law, standing
    it up, what might that advice be?
        Mr. Wriston. I think my advice to the Secretary would be to
    surround yourself with the very best people that you can get.
    If you walk into a room and you are the smartest person in that
    room, you are in the wrong room. That is what I would say to
    him.
        Senator Carper. I have never walked into a room where I was
    the smartest person anywhere.
        [Laughter.]
        Senator Carper. These folks on our staffs and my colleagues
    hear me say it often, I have had some success in my life, but I
    have always surrounded myself with people smarter than me. My
    wife says, it is not hard to find them.
        [Laughter.]
        Senator Carper. All right, Mayor, same question.
        Mayor Romero. Thank you, Mr. Chairman. I would say once a
    mayor, always a mayor, so you could go ahead and call Mayor
    Pete ``Mayor Pete.'' I am really happy that he is the head of
    our Department of Transportation for our Nation. As a fellow
    mayor, he understands the intricacies and the needs of the
    cities. As mayors, we have to provide the services and balance
    our budgets and run our cities smoothly to provide a quality of
    life for our residents.
        So what I would say is that the direct funding to cities is
    extremely important, because cities are a little bit different
    than State agencies. We have the capacity and we have the plans
    to institute the climate resiliency and climate adaptation
    strategies that will help reduce greenhouse gas emissions.
        For example, in the city of Tucson, we have our climate
    action and adaptation plan, we want to reduce greenhouse gas
    emissions to zero by 2030. So direct funding to our cities with
    the Federal funding is going to be super important. Because
    just as we received the $25 million from RAISE for our bridge,
    we also received $12 million to purchase zero-to-no emission
    electric buses for our transit fleet.
        So we have a plan. We know how to get it done. We would
    appreciate the Department of Transportation to be able to work
    directly with the cities, so that we can layer funding to be
    able to deliver the goals that both the city of Tucson and the
    Biden Administration and Congress have in this Bipartisan
    Infrastructure Law.
        Senator Carper. All right, thank you.
        Secretary Majeski, maybe a piece of advice for Mayor Pete,
    if you will.
        Ms. Majeski. Sure. I would say this is a historic time. We
    are going to invest more in infrastructure than ever before.
    State DOTs are going to be delivering the largest capital
    programs than we have ever done before. So I think listening to
    the States, giving States the flexibility to be able to deliver
    our programs, that is going to be key, and making sure that we
    have Federal Highway division offices in our States that want
    to work with us, that are partners that are listening to us
    that are helping us kind of get to yes as opposed to always
    kind of putting up roadblocks in our way.
        I do appreciate the work and the effort that AASHTO does
    for us. They bring us all together, and we are able to do these
    peer exchanges and find out what is working in their States,
    and we can have these open dialogs. That is where we do find
    that a lot of these inconsistencies end up happening. AASHTO
    provides a great platform for us to be able to all come
    together and have a collective voice for this. My advice would
    be to listen to the States.
        Senator Carper. That is good. When I was Governor, I loved
    being part of the National Governors Association, loved being
    part of the NGA. We learned a lot, shared a lot of ideas and
    issues with one another and worked together. I have always
    found that is a big part of what AASHTO does, it benefits us
    and I know others, every other State as well.
        This is an opportunity for you to add any thoughts or
    comments you have, if you want to put it in the form of a
    question that you were not asked, you are welcome to do that.
    Any closing thought? Mr. Tymon, we will start with you.
        Mr. Tymon. Against my better judgment, I will dip my toe in
    the water here and just say that if you would ask where
    Secretary Majeski and I had gone to college, you would find out
    that we are both proud Blue Hens.
        Senator Carper. Fighting Blue Hens?
        Mr. Tymon. Absolutely. This might be the first time that
    this panel had has two Blue Hens testifying.
        Senator Carper. Those are pretty good bookends, I like
    those bookends right here. That is great.
        [Laughter.]
        Senator Carper. My wife went to Appalachian State
    University. They have been playing, punching above their weight
    in football. My sister and a bunch of my cousins went to
    Marshall. I think I mentioned that to you, Jim. After they
    knocked off Notre Dame the first game of the year, my sister is
    hard to live with. So the Fighting Blue Hens will hopefully
    never have to play Marshall again, or Appalachian State in
    Boone, North Carolina. It is a tough thing to do.
        All right, Mr. Secretary.
        Mr. Wriston. I guess the last thing I would like to leave
    the committee with would be, we have all received grants. I
    have recently received one, $16.2 million for a project in
    Wheeling for a streetscape project. Excellent project, it is
    going to change the face of Wheeling, West Virginia. It is a
    wonderful project.
        Experience tells me, though, that the agreement process
    after that grant has been awarded to me is very cumbersome,
    very difficult, takes a lot of time. The time it takes to get
    that agreement in place is going to be longer than it was for
    me to apply for that grant and the review process, get the
    grant awarded. This project is under contract. It has been
    awarded. I have a contractor ready to go to work. I need clear
    guidance from the FHWA that I can go ahead and put the other
    pieces of the funding and start that contractor working, and
    use this.
        That is not clear to me today, whether I can do that.
    Should I wait? Should I hold up? These are the types of things
    we deal with in the discretionary arena.
        I would hope that the new FHWA Director would pay close
    attention to the agreement portion of this, not only revise
    that process, but I would recommend elimination of it
    altogether. We have a process where we were awarded a project,
    we enter the data for that project in a record system the FHWA
    has, their system, the FEMA system.
        What do we need an agreement for? We are done. Let's move
    forward. That is a process that doesn't do anything.
        That is my final word for the day.
        Senator Carper. Good. As we have said several times here, I
    pushed the Administration pretty hard to get us a nominee. And
    they have given us one, we think he is excellent. Led two
    States, he has led Delaware, Colorado, is very heavily involved
    in Kentucky and I think he has great credentials. He is also
    someone who is really good at communicating. He has sat in your
    seat not once but twice, both you and Secretary Majeski. I
    think that is very helpful.
        I don't think I mentioned this earlier. I have heard a lot
    of, been around Joe Biden for a long time and he and I have
    heard each other's favorite sayings forever. One of his
    favorite sayings is, all politics is personal, all diplomacy is
    personal. I think Shailen Bhatt gets that. And I think he will
    turn out to be a good communicator, good partner as we go
    forward. We just need to get him confirmed. Thank you.
        Mayor, please.
        Mayor Romero. Chairman Carper, I just want to thank you for
    being so generous with your time and thank this Committee for
    their incredible work. As a mayor, brand-new mayor of the city
    of Tucson, well, I can't say that any more, it has been almost
    3 years this November.
        Senator Carper. Does it seem longer?
        [Laughter.]
        Mayor Romero. What I would like to say is that I am
    incredibly lucky, and mayors across this Country are incredibly
    lucky to be able to serve during a time when the Federal
    Government is investing historic levels of funds in our
    communities. It has allowed the city of Tucson, and me as their
    mayor, to be able to plan and make transformative investments
    and change the historically disinvested neighborhoods in our
    areas in one generation.
        So I have to thank you, appreciate the incredible work that
    has been done in this committee to be able to get to a point
    where it became a bipartisan law. For me, I am looking forward
    to continue working for the quality of life of our residents on
    PFAS, on infrastructure, on greenhouse gas reduction in our
    city, and to be able to think and dream boldly in putting plans
    in front of our community for a continuation of our streetcar.
        That is the next step for us, to be able to think big,
    think bold, and think transformative in terms of the investment
    that this law can put in the hands of our cities, where we can
    do transformative change in just one generation.
        I want to thank you all for your hard work and the Biden
    Administration for believing in investing in cities directly,
    and in the infrastructure of our Nation.
        Senator Carper. Thank you for saying that. I should have
    written down the number of times people have used the word
    transformative. Almost every witness has, and it really is
    transformative. I think we are really fortunate to be in this
    situation. It is tough to be in a situation where climate
    change and global warming are the crisis, we don't want that.
    But the good news is I think we have common cause to address
    that. I think we are very much inclined to find a way to
    collaborate on the transportation side.
        Most people remember Albert Einstein saying that the
    definition of insanity is to do the same thing over and over
    again and expect a different result. A lot of people have heard
    that quote, not so much my favorite Einstein quote: ``In
    adversity lies opportunity.'' In adversity lies opportunity. We
    face great adversity, but there is real opportunity here. We
    are going to realize that opportunity by the kind of
    collaboration that I think we are all committed to.
        Last word, and I will have a little bit of a closing
    statement. Secretary Majeski, wonderful to see you. Thank you
    for your leadership and thank you for bringing that wonderful
    memory of your team sitting back there in the first and second
    row.
        Ms. Majeski. Of course, always. Thank you again for the
    opportunity to be here today and for the constant support that
    you and our entire delegation have given us and the investments
    that we are making across our State.
        I would be remiss if I didn't close with talking about
    safety. Every presentation that I have been doing for the last
    almost year now I start that presentation by showing our
    fatality chart. I get that updated chart once a week. We are
    constantly having to drive home the message of safety and the
    importance that this is not just a DOT issue, this is
    everyone's issue, and that we need everyone's participation and
    help in reducing the number of roadway fatalities and serious
    injury crashes that we are seeing on our roads.
        So we are very grateful for the additional focus that the
    Bipartisan Infrastructure Law has put on safety, because this
    is not something that is going away. It is going to be at the
    forefront of everything that we do, every single DOT. So having
    the support for Congress to provide us with the funding and the
    resources that we need, we are very grateful for that.
        Thank you, sir.
        Senator Carper. Thanks for mentioning that.
        Senator Capito and I and our team, our colleagues on this
    committee, are blessed with wonderful staff members. The woman
    sitting over my left shoulder, who is looking up now, has just
    focused again and again and again on safety, and making sure
    that when we write legislation, big bills or even not so big
    bills, that we have a huge focus on safety. It is needed.
        Let me close by again thanking all of you for joining us.
    It has been illuminating, and I think enjoyable. It was great
    to be back, Secretary Wriston, we had a family reunion back in
    Beckley, West Virginia, to celebrate the 100th anniversary of
    my mother's birthday, and the 130th anniversary of my
    grandmother's birthday. They were both born on the same day,
    August 18th.
        It was so wonderful to ride through West Virginia and be
    back in Raleigh County, where one of my great-great-great-great
    grandfathers was a co-founder of Raleigh County. I got to speak
    at a church where when I was a little boy, I used to go to
    church with my grandparents who wanted me to grow up and be a
    preacher. I wanted to be a naval flight officer, and actually
    ended up doing other things. But actually to be back in a
    church my grandfather co-founded and speak in that church was
    just wonderful, as you can imagine.
        All those great West Virginia memories.
        In closing, thanks again for not just showing up but for
    sharing your perspectives with us on the implementation of this
    Bipartisan Infrastructure Law. It is a great opportunity here;
    we don't want to blow it. One of the best ways to ensure that
    we don't is to find ways to collaborate and work together.
        A little bit of housekeeping before we adjourn. I would
    ask, this is my favorite part of the hearings, when I get to
    ask for unanimous consent to submit statements relating to
    today's hearing into the record, and there is nobody here to
    object. I can say without objection, and nobody objects. That
    is good.
        [The referenced information was not submitted at the time
    of print.]
        Senator Carper. Senators are welcomed and invited to submit
    written questions for the record through close of business on
    Wednesday, October 5th, and we will compile those questions, we
    will send them to each of you. We ask you to reply by Wednesday
    2 weeks out, Wednesday, October 19th, please.
        With that, it is a wrap. Thank you all. Have a great rest
    of your day, and we look forward to seeing you soon. Thank you.
    Hearing is adjourned.
        [Whereupon, at 11:58 a.m., the hearing was adjourned.]