THE LATEST: The Federal Highway Administration greenhouse gas rule would force states to spend their highway funds, meant for road and bridge construction, to pay for buses, Amtrak trains, and electric vehicle charging stations.

Tell the President and Congress to block this rule that will diverting funds earmarked for transportation construction to non-construction purposes, jeopardizing YOUR projects, jobs, and state interests.

WHAT TO DO: It takes less than 45 seconds to send the prewritten message telling the White House and Congress to block FHWA’s implementation of the rule intended to divert road funding! You can also add your own personal comments about why your state needs these funds to repair roads and bridges.

WHY IT MATTERS: This FHWA greenhouse gas performance measure rule is a one-size-fits-all mandate limiting a state’s ability to choose or invest in transportation construction projects that fit its unique needs.

This rule would require states to reduce transportation emissions. If states don’t, then they would be forced to put road and bridge projects on hold and fund initiatives that achieve emissions reductions – like adding more buses, train cars, and EV charging stations.

THE DETAILS: On November 22, FHWA released its GHG Performance Measure final rule. You might recall, AGC issued this action alert, filed comments with FHWA, and supported past congressional efforts to block the rule.

According to the rule, states and metropolitan planning organizations (MPOs) must set declining GHG targets each year for their reduction in carbon dioxide emissions. However, the Administration claims that “FHWA is neither requiring any specific targets nor mandating any penalties for failing to achieve these targets.”

While there are no explicit penalties set in the rule, it does state that “State DOTs and MPOs that set a declining target but fail to achieve their targets can satisfy regulatory requirements by documenting the actions they will take to achieve that target in its next biennial report.” It goes on to say states must “provide data-supported explanations for not achieving significant progress, and their plan to achieve said progress in the future.”

So, what does that mean? States will have to explain to FHWA how they will reduce carbon dioxide emissions—i.e., make climate friendly project selections at the behest of road and bridge projects.