Yesterday, U.S. Rep. Dina Titus (D-Nev.) introduced the Modal Parity in Permitting Act (H.R. 8315). It would put transit and passenger-rail projects on the same permitting footing as highway projects. This is reported by the railway transport news portal Railway Supply.

House bill targets permit parity for rail, transit
House bill targets permit parity for rail, transit

How the Modal Parity in Permitting Act would work?

The bill would let sponsors obtain property interests needed for a project. That could happen before the National Environmental Policy Act (NEPA) permitting process is complete. That is outlined in a press release from Titus’s office.

Current law already allows Federal Transit Administration (FTA) project sponsors to buy property. That can happen before the NEPA process is complete. Still, it is done at their own risk. In addition, the property must be within a planned transit corridor. Buildings used for operations or maintenance may be outside that corridor.

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Current rules and industry response

Meanwhile, highway project sponsors can acquire property interests outside the corridor. That can happen before an environmental review is complete. Titus said in a press release that the gap often creates confusion. Also, sponsors working across different transportation modes face separate permitting rules for each mode.

The Modal Parity in Permitting Act is backed by the American Public Transportation Association(APTA). In addition, it is backed by others in the passenger-rail industry.

APTA President and CEO Paul Skoutelas said:

“For too long, public transit and passenger-rail projects have faced a structural disadvantage in the permitting process — highway projects can acquire land before NEPA is complete, while FTA and FRA projects cannot. This bill levels the playing field and will help move critical public transit and passenger-rail investments forward faster and more efficiently,”

Brightline West President Sarah Watterson added:

“The Modal Parity in Permitting Act will help expand passenger rail across the United States by putting passenger-rail permitting on equal footing with highway construction projects.”

Separately, the bill has been referred to the House Committee on Transportation and Infrastructure. That was reported by Progressive Railroading.

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