Highway Trust Fund Update: DOT Clarifies Need for Congressional Action

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I watched with interest when the Department of Transportation updated its Highway Trust Fund ticker and announced that the HTF funds would last until summer 2016 rather than run out in December, as had been anticipated. Sen. Jim Inhofe reportedly responded that the update wasn’t good news, as it sent a signal that urgent Congressional action on a highway bill was no longer required.

Yesterday, Secretary of Transportation Anthony Foxx responded with a message that both makes it clear that there is still an urgent need to pass a highway bill and that failure to take action will raise new concerns for state and local infrastructure planners. While projections show that the HTF may not completely run out of money until next summer, DOT clarifies that, without reauthorization by Congress this fall, it may be forced to “implement cash management procedures” by mid-November — meaning it will slow reimbursements to states and public agencies for much-needed infrastructure improvements. Those will become more draconian as the 2016 construction season approaches in the spring. Moreover, most programs funded through the HTF are only authorized through Oct. 29, so “the failure of Congress to act prior to Oct. 29 will prevent new obligations from the Highway and Transit programs — including grant awards, infrastructure loans, and even DOT payroll — and will further affect reimbursements” to states and public agencies overseeing highway and transit projects.

Outside the beltway, the need to update our nation’s aging infrastructure in a smart and innovative manner that incorporates good planning, collaboration and new and emerging technologies is seen as an issue that should transcend politics. As Washington heads toward a new fiscal cliff, it is far from clear whether a solution can be reached that allows rational transportation planning to move forward. My team and I in Washington D.C. office will monitor these issues closely and continue to pass on important information and updates concerning funding for maintaining and improving our nation’s infrastructure. In addition, we urge support for the passage of a long-term and forward-thinking transportation bill to help meet our nation’s growing transportation needs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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