[Senate Hearing 117-857] [From the U.S. Government Publishing Office] S. Hrg. 117-857 ADVANCING PUBLIC TRANSPORTATION UNDER THE BIPARTISAN INFRASTRUCTURE LAW ======================================================================= HEARING BEFORE THE COMMITTEE ON BANKING,HOUSING,AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED SEVENTEENTH CONGRESS SECOND SESSION ON EXAMINING THE BIPARTISAN INFRASTRUCTURE LAW AND THE POTENTIAL FOR JOB CREATION AND ECONOMIC GROWTH __________ MARCH 15, 2022 __________ Printed for the use of the Committee on Banking, Housing, and Urban Affairs [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available at: https://www.govinfo.gov/ __________ U.S. GOVERNMENT PUBLISHING OFFICE 55-682 PDF WASHINGTON : 2024 COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS SHERROD BROWN, Ohio, Chairman JACK REED, Rhode Island PATRICK J. TOOMEY, Pennsylvania ROBERT MENENDEZ, New Jersey RICHARD C. SHELBY, Alabama JON TESTER, Montana MIKE CRAPO, Idaho MARK R. WARNER, Virginia TIM SCOTT, South Carolina ELIZABETH WARREN, Massachusetts MIKE ROUNDS, South Dakota CHRIS VAN HOLLEN, Maryland THOM TILLIS, North Carolina CATHERINE CORTEZ MASTO, Nevada JOHN KENNEDY, Louisiana TINA SMITH, Minnesota BILL HAGERTY, Tennessee KYRSTEN SINEMA, Arizona CYNTHIA LUMMIS, Wyoming JON OSSOFF, Georgia JERRY MORAN, Kansas RAPHAEL G. WARNOCK, Georgia KEVIN CRAMER, North Dakota STEVE DAINES, Montana Laura Swanson, Staff Director Brad Grantz, Republican Staff Director Elisha Tuku, Chief Counsel Dan Sullivan, Republican Chief Counsel Cameron Ricker, Chief Clerk Shelvin Simmons, IT Director Pat Lally, Hearing Clerk (ii) C O N T E N T S ---------- TUESDAY, MARCH 15, 2022 Page Opening statement of Chairman Brown.............................. 1 Prepared statement....................................... 31 Opening statements, comments, or prepared statements of: Senator Toomey............................................... 3 Prepared statement....................................... 32 WITNESSES Joanna M. Pinkerton, President and CEO, Central Ohio Transit Authority...................................................... 6 Prepared statement........................................... 33 Responses to written questions of: Senator Toomey........................................... 50 Senator Sinema........................................... 50 Collie Greenwood, Interim General Manager and CEO, Metropolitan Atlanta Rapid Transit Authority................................ 8 Prepared statement........................................... 35 Responses to written questions of: Senator Toomey........................................... 51 Senator Sinema........................................... 52 Greg Regan, President, Transportation Trades Department, AFL-CIO. 10 Prepared statement........................................... 36 Responses to written questions of: Senator Sinema........................................... 52 Dorothy Moses Schulz, Adjunct Fellow, The Manhattan Institute.... 12 Prepared statement........................................... 39 Randal O'Toole, Director, Thoreau Institute...................... 13 Prepared statement........................................... 46 (iii) ADVANCING PUBLIC TRANSPORTATION UNDER THE BIPARTISAN INFRASTRUCTURE LAW ---------- TUESDAY, MARCH 15, 2022 U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Washington, DC. The Committee met at 2:31 p.m., via Webex and in room 538, Dirksen Senate Office Building, Hon. Sherrod Brown, Chairman of the Committee, presiding. OPENING STATEMENT OF CHAIRMAN SHERROD BROWN Chairman Brown. Senate Committee on Banking, Housing, and Urban Affairs will come to order. Welcome. The hearing, as we generally are doing, is in hybrid format. Three witnesses are in person; two are virtual. Members have the option to appear either in person or virtually. Ohioans know how we let our infrastructure languish for far too long. President after President promised infrastructure investment, promised investment in public transit. President after President failed, and this Congress failed until President Biden and until we have a new Senate. Some of the most important work we have done this Congress in the Banking, Housing Committee is writing the most significant investment ever in public transit under the bipartisan infrastructure law. It is not just about the numbers; it is about what this investment will do, how this will matter in people's lives. It will mean transit agencies can run more buses and trains, more often, in more neighborhoods. Last year, Darryl Haley with Cincinnati Metro testified at our first hearing of the year on transit. This is our first one since the bipartisan infrastructure bill passed. He talked about one worker in a restaurant in suburban Cincinnati. She had to spend her entire day's paycheck on Uber to get to work because her regular bus did not run on Sundays and her employer said, you have to show up to work on Sunday. She could not miss her shift without risking that job. The bus did not come when she needed it. It prevented an entire day's hard work from paying off. It happens to her almost every single week. Multiply that times hundreds, times thousands, times tens of thousands of low-income workers. With the infrastructure bill, we have the potential to change the lives of workers like her. We can run buses on Sunday. We can run trains more often. We can add routes. We can add stops. It will make it faster and easier for people who already use public transit to get to work. People who work long, hard days on their feet too often have to take 45-minute, 2 buses to get home and are dog tired when they are trying to care for their families. It is going to open up new job opportunities when people are not limited by where the bus or the train runs. It is going to make subways and buses and streetcars a viable option for the first time for millions of new riders. Right now, so many families feel the pain of high gas prices because of Russia's attack on Ukraine. They have no choice but to pay those high prices because they have to get to work, they have to get to school, they have to get to the grocery store. If there is a reliable bus or train, workers will not have to choose between paying for gas or making rent. It is going to make such a difference, especially in so many communities that have not had reliable transit. It is the Black and Brown communities who have been historically cutoff from job centers. It is rural workers, where walking is not an option. For our nation's seniors, a van or a bus from the local transit service is a lifeline to the doctor, for dialysis treatment, to the grocery store, to church. Because of the work we did on this Committee, not only are we going to run buses more often; they will be cleaner, they will be newer, they will be safer buses. One of our witnesses today showed me some of those buses in Columbus several months ago. More communities are going to be able to get new state-of- the-art, zero-emission buses on the road. It is going to fight climate change. It is going to clean up the air in our communities. The Administration is already accepting applications for the zero-emission bus grants we passed. I have seen how Ohio agencies like Laketran and SARTA and COTA are leading the country in deploying these pollution-free buses. Over the coming year, we will see them in communities all over my State and Georgia and all over this country. We will make sure that these workers get the training they need to work on these new buses. On this Committee and under this President, workers will always, always have a seat at the table. I want to thank the members of our Committee for their work to get this done. Republican Ranking Member Toomey and I do not see eye to eye on many issues, as we know, but we were able to reach agreement to reauthorize Federal Transit Administration programs. We can both be proud that cities, the largest metropolitan areas in our States, cities like Cleveland and Philadelphia, can replace railcars that date back literally to the Carter administration. Our Housing and Transit Subcommittee Chair, Tina Smith, and the Subcommittee's Ranking Member, Senator Rounds from South Dakota, did great work to improve rural transit and tribal transit. Senator Menendez and Senator Reed continue to be leaders in fighting for a fair share of funds for transit, making sure that that historic 20 percent figure is met or exceeded, and we exceeded it. Senator Tester, Senator Warner, Senator Sinema played a key role in ensuring the Committee's transit title moved forward in the bipartisan negotiations, working with the Republican members of the bipartisan group. Senator Warner and Senator Van Hollen fought to reauthorize funds for America's subway, the Washington, DC, metro system, and Senator Van Hollen's legislation to improve safety plans gives workers a stronger voice in safety matters. Senators Warnock and Ossoff helped us fight for better bus rapid transit and better planning. And Senator Cortez Masto contributed provisions to link transportation planning with housing needs. I want to thank Senator Warren and other members of our caucus who have continued to advocate for zero-emission buses. After the difficult times of the pandemic, the future for public transit and for infrastructure is finally brighter. I will spend the coming months working with cities and townships and counties and villages in Ohio to make sure every community knows all the opportunities available to them to improve their transit systems. Today, after meeting with some national transit officials, I met the transit leader in Perry County, a rural county southeast of Columbus. They do not have a huge bus system, but they have essential transportation for people getting food, for people to get dialysis, for people that want to go to church, that need the kinds of things in their lives that only public transit can help them do. I know many of my colleagues will do the same around the State. I look forward to hearing from witnesses about the potential for job growth and economic job creation, economic growth, that these new provisions will unleash. Senator Toomey. OPENING STATEMENT OF SENATOR PATRICK J. TOOMEY Senator Toomey. Thank you, Mr. Chairman. Welcome to our witnesses. Today's hearing is about the public transit component of the bipartisan infrastructure law. Mr. Chairman, thank you for pointing out the cooperative efforts that we engaged in. It appears to me the outcome worked out pretty well for you because there was a lot in the bill that I do not really agree with. As I have said repeatedly, we should not pay for an infrastructure package by borrowing billions and billions more dollars. Yet, that is precisely what happened with this law. It authorized so much new spending that $118 billion had to be transferred from the Treasury's general fund to the Highway Trust Fund, which is supposed to pay for mass transit and highway construction with gas tax revenue. Now some of my Democratic colleagues would make the Highway Trust Fund shortfall worse by suspending the Federal gas tax, reasoning that the solution to high gas prices is not more supply but rather more debt. I would suggest if we want to help commuters and families suffering from inflation we can start by reversing the Administration's actions which keep us from using much of our own fossil energy. But, back to infrastructure. Federal spending should be driven by a reasoned assessment of our nation's needs. However, the bipartisan infrastructure law seems to have been driven more by political imperatives. The bill funneled billions of dollars to projects that the private sector has been more than willing to fund, such as ferries and electric vehicle charging stations. Transit was given $108.1 billion over a 5-year period. To put that number into perspective, it is almost twice what transit got in the last surface transportation reauthorization. And this staggering sum will be on top of the nearly $85 billion given to transit, the vast majority of it characterized as emergency spending, to offset COVID losses from March '20 to March '21, just 1 year. In fact, this nearly $85 billion in funding that the Federal Government gave to transit agencies exceeded both the annual operating and capital costs of all the transit agencies in the United States combined in 2019. And at the time, my Democratic colleagues tried to justify paying for more than 100 percent of transit agencies' budgets by saying that transit systems could collapse from declines in ridership and State and local tax revenue. But as we know, State and local tax collection set a new record in 2020. And despite an all-time record amount of revenue collected by State and local governments, Congress gave more than $850 billion to State and local governments. Worse, billions of dollars will go to transit agencies that were facing ridership challenges well before COVID. Since reaching a high of 10.7 billion trips in 2014, transit ridership has steadily fallen. It fell by almost 8 percent in 2019, and the last 2 years saw even steeper declines. Ridership fell at some agencies by over 70 percent. Some estimates predict that ridership will never fully return to prepandemic levels. Agency leaders in New York, Pittsburgh, and Washington, DC, have all said many of the riders will not return. So why give away still more taxpayer money to agencies serving fewer riders? Well, a number of advocates suggest the solution to falling ridership is fare- free transit. Advocates claim this will increase ridership and on time performance, achieve social equity, reduce operator assaults and fare evasion. I suppose one way to reduce fare evasion, which is really theft of services, is to never charge a price in the first place. But as Milton Friedman helped to publicize, there is no such thing as a free lunch. In my view, just as car owners pay a Federal gas tax to support highways, transit riders should have to pay something to contribute their fair share, too, as should local communities. Transit systems, after all, serve a city or a metropolitan area, not the entire country. That is why Congress has traditionally helped to pay for capital needs but not operating expenses. If New York or Washington, DC, cannot or will not pay for their transit systems, why should Federal taxpayers? Now there is one other issue we must discuss, and that is the rising rate of crime in mass transit systems. Despite having far fewer riders, New York, L.A., Chicago, Philadelphia have all seen spikes in transit crime. There were 461 felony assaults in New York's Metropolitan Transportation Authority last year. That is the highest number since 1997. MTA riders are confronting fearful conditions. We have seen the news stories--hammer attacks, stabbings, multiple people pushed onto subway tracks, including in front of oncoming trains, with one woman tragically killed. Even New York City's mayor, a former cop, says he does not feel safe on the subway. Today, we will hear from two witnesses on the ongoing systemic challenges facing transit agencies that were not addressed in the bipartisan infrastructure law. Dr. Dorothy Shulz, a retired transit police captain, will testify that transit systems must address security issues that are putting rider safety at risk. And Randal O'Toole of the Thoreau Institute will testify about the long-term decline in ridership that began well before COVID. We have seen time and again that throwing extraordinary sums of taxpayer monies without serious reforms encourages transit systems to maintain the status quo. I look forward to hearing from our witnesses and discussing the question: Does mass transit continue to make sense in every U.S. city at its current scale? Thank you, Mr. Chairman. Chairman Brown. Thank you, Senator Toomey. I will introduce today's witnesses. Ms. Joanna Pinkerton is President and CEO of the Central Ohio Transit Authority, serving the Columbus region. Ms. Pinkerton is a licensed professional engineer with a history of implementing solutions that capitalize on Ohio's rich legacy of transportation manufacturing and technical resources. Ms. Pinkerton joined COTA in April 2018. Welcome. Senator Ossoff will introduce Mr. Greenwood. And I believe that Senator Warnock will have some comments later. He had a scheduling conflict but will join us later. Senator Ossoff. Senator Ossoff. Thank you, Mr. Chairman, and it is a pleasure to welcome Mr. Collie Greenwood to the Senate and to the Banking, Housing, and Urban Affairs Committee. I want to take a moment, Mr. Chairman, and acknowledge the tragic passing of MARTA's CEO and General Manager, Jeffrey Parker, who passed away this January. Jeff championed MARTA. He championed accessible public transportation in the State of Georgia. He created an expansive vision for transit in metro Atlanta. He leaves a tremendous legacy that Collie now will continue. And though Jeff is no longer with us, his work and his vision are sustained and alive with us, and we will work together to realize as much of it as we can. And if I might, Mr. Chairman, on behalf of the Committee and the Senate, extend our condolences to the whole MARTA family during this difficult time. Following Mr. Parker's passing in January, Mr. Greenwood was selected as MARTA's Interim CEO and General Manager. He brings more than 30 years of experience in transit. He served as Chief Service Officer at North America's third largest transit system, the Toronto Transit Commission, overseeing bus, rail, accessible transit, station services, transit security and maintenance. And in this interim role, Mr. Greenwood will now carry the torch forward from Mr. Parker, to lead the largest and most ambitious expansion and modernization program since MARTA's founding over 40 years, an expansion and modernization that would not be possible without this Committee and your support, Mr. Chairman. So, Mr. Greenwood, welcome to the Senate. Thank you, Mr. Chairman. Chairman Brown. Thank you, Senator Ossoff. Greg Regan is President of the Transportation Trades Department of the AFL-CIO. He is the elected President of the Transportations Trades Department, a labor organization consisting of 36 unions that represent workers in all areas of transportation. He collaborates with TDD's affiliated unions to fight for long-term investment in transportation. He works to ensure transportation jobs are safe and secure and to protect the rights working people have to a union voice. Dr. Dorothy Moses Schulz is joining us remotely. She is an adjunct fellow at the Manhattan Institute Policy and Public Safety Initiatives. She is a professor emerita at John Jay College of Criminal Justice. She was the first woman captain in the Metro North Commuter Railroad Police Department. Mr. Randal O'Toole, who is joining us remotely, is Director of the Thoreau Institute. He previously was a senior fellow at the Cato Institute, specializing in land use in transportation initiatives. Ms. Pinkerton, please begin. Thank you for joining us. STATEMENT OF JOANNA M. PINKERTON, PRESIDENT AND CEO, CENTRAL OHIO TRANSIT AUTHORITY Ms. Pinkerton. Thank you, Chair Brown and also Members of the Committee. Today, I appreciate the opportunity to testify here on the enormous opportunities that we see in central Ohio under this bipartisan infrastructure law. As previously mentioned, the legislation represents a long overdue commitment to repairing our transportation networks and, I believe, repurposing them for a future economy in ways that we may not even realize yet. It addresses many of the ill effects that we are seeing, everything from congestion to pollution, even intentionally dividing communities in our historical past. And our transportation networks have not kept pace with the rapidly evolving changes in how we live, how we work, how we do business, and they do not yet account for changes in lifestyle, including comments that have been made about declining ridership. I think there are existing advancements in new technology on the horizon which will have a direct impact and can move goods and people in a different way. With the new infrastructure funding, we can actually begin to shift our old ways of thinking to fix this. Ohio's two Senators played a central role in drafting this transformative legislation through listening at the local level and raising awareness of the investment needed to support our Nation's economy at this time. So I would like to share a few examples of how the Central Ohio Transit Authority can put these funds to use for the economy in central Ohio and the entire State. Central Ohio is a region of approximately 2.2 million people, with a unique situation where we are expected to grow to 3 million very soon. We know that, through smart growth and planning principles, transit can build communities which lead to a higher quality of life built around affordable housing, equitable access to amenities and employment and job opportunities. Our transformational LinkUS initiative is exactly that. Entities across our entire central Ohio region are collaborating on LinkUS to address our growth in a more sustainably through high capacity, high frequency transit corridors, which will support more dense, transit oriented development, and also connect to our rural communities through highway and surface transportation investments. Two of our planned corridors are already in the capital investment grant funding pipeline at the FTA. A third corridor will be submitted later this year and an expectation of two more to follow. We worked diligently to align these projects with the outcomes expected in the CIG program as written, and we expect that LinkUS will benefit greatly from the infrastructure bill's improvements, specifically to the Small Starts portion of that program, which addresses communities of our size. At COTA, we also understand and take seriously our role in protecting lives through improving air quality in our region. Our industry knows that to have a lasting impact, we must commit to converting transit vehicles to clean fuel. At COTA, we are already on track to be completely diesel-free by 2025. That is a commitment we have made in the past with our local capital programs. And we are preparing a path forward to net carbon-neutral. Last year, with the help of the Federal Low-No grant program, we proudly deployed our first electric transit vehicles, and we went a step further with our local energy providers to ensure that they are going to be powered by entirely renewable energy. The FTA just announced last week more than $1 billion in competitive funding to assist us and my colleagues with other ways to accelerate what we are already doing at the local level with our local funding. On a workforce front--I think this is important to mention our frontline operators in our fixed route, our paratransit, and our microtransit are essential to our mission. The transit industry is facing a workforce shortage like every other sector of the American economy. At COTA, we did not lay off a single transit operator during the pandemic. Yet, the current labor shortage has forced us to make service reductions. We are short almost 20 percent of the operators necessary to operate our fixed route service alone, putting a burden on our community and, as mentioned before, increasing the demands for frontline workers, who cover third shift, late shift, late night service, and weekend service. We are working on innovative recruiting and training programs, and we encourage any workforce retraining funds to be made available to transit agencies to make sure that we scale up, retool, and reimagine the workforce of the future. I would like to mention that this law will not only improve the condition of transit agencies; it will improve the condition of the roadways that we run on, and I believe it can transform how we use them. It has the potential to dramatically improve safety and increase capacity, using our existing system when it is repurposed by using more density, shared rides. In central Ohio, most of our road capacity can actually meet our future demand if we invest in emerging technology, connected vehicles. And I believe that the shared vehicle environment has the potential to make us both safer and more efficient. Our vehicle systems are increasingly generating more and more data, more than a terabyte a day, and this is a huge opportunity now that we can fund software and technology improvements through infrastructure. We are not just funding the concrete and the steel and the roads and the vehicles anymore. We are funding the systems that can connect them. We believe in central Ohio we bring a unique approach to serving our region. Our mission is to connect people to prosperity through innovation, dedication, and teamwork. We are one of the few transit agencies that has seen an increase in ridership year over year prior to the pandemic because we understand that transit has to meet the needs of the economy and the people it is serving in the ways that they are changing. We think this bill has made huge and generous strides, but it is up to us from a policy and administration and regulatory perspective to assess how we can reinvest and reimagine those systems through the policy applications. I believe the future work trends are here already and we have generations of workers who are ready to join the workforce in central Ohio through new systems invested in by this infrastructure bill. And we want to make sure that we have the American lifestyle and--quite frankly, this is not something that a transit CEO says very often--the pursuit of happiness of the American lifestyle. My community is going through a huge transformation at the moment, and we believe that this infrastructure bill can help support us to make sure we support the economy of the future. Thank you, Chair. Chairman Brown. Thank you, Ms. Pinkerton. Mr. Greenwood, welcome. STATEMENT OF COLLIE GREENWOOD, INTERIM GENERAL MANAGER AND CEO, METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Mr. Greenwood. Thank you. Good afternoon, Chairman Brown and Ranking Member Toomey and distinguished Members of the Committee. I am Collie Greenwood, Interim General Manager and CEO of the Metropolitan Atlanta Rapid Transit Agency in Atlanta, known as MARTA. I am honored to have the opportunity to appear alongside my transit agency colleagues and share our experience at MARTA and future expansion efforts made possible in part by the Congress's passage of the bipartisan infrastructure law. Serving MARTA in this role has been the culmination for me of 35 years of experience in the transit industry. I worked my way through college as a transit bus operator. At first, it was just a job that paid the bills, but at some point the mission of getting people where they needed to go became a part of me. I rose to Chief Service Officer at the Toronto Transit Commission, and I guided that agency through several transformational initiatives. In 2019, I was personally recruited by MARTA's former CEO, Jeff Parker, because of the alignment of our vision for public transit. Jeff spoke about it as lines and dots, the lines being the transit and the dots being the communities and places that we serve. MARTA is the largest public transit agency in the Southeast and one of the largest in the country, providing bus, heavy rail, paratransit, and streetcar services. And it has a robust transit-oriented development program that incorporates affordable housing and equitable access, driving economic growth and development around our rail stations. We have eagerly embarked on three expansion projects that I will briefly describe today as we hope that they will be direct beneficiaries of funding and policy changes made possible by the bipartisan infrastructure law. These expansion projects will benefit from a key change to the Small Starts program which, as you know, increases project eligibility from $300 million to $400 million. And I would like to personally thank Senators Warnock and Ossoff for their leadership on securing that change that is already having an impact for MARTA. One of the first initiatives I worked on when I arrived at MARTA was a series of improvements to bus amenities and a focus on bus service enhancements and expansion. As a former bus operator, I understand the importance of reliable bus service and that while rail may get most of the attention it is the bus that is the backbone of public transit and bus service, particularly bus rapid transit, has the potential to be transformative for a community. With that in mind, I am pleased to share that the Clayton Southlake Bus Rapid Transit project has advanced to the project development phase of the Small Starts program. The estimated $338 million project will provide high-capacity transit service connecting College Park Rail Station in the southern part of metro Atlanta, that is close to the airport, to several key destinations in Clayton County, including major commercial corridors, the hospital, and the city of Riverdale Town Center. As the first BRT in Clayton County, the project will feature 13 new branded stations with off-board fare collection, 10 branded electric vehicles and associated charging infrastructure, and the installation of transit signal priority equipment at key intersections. Another one of MARTA's highest ridership bus routes is along Campbellton Road in southwest Atlanta. In partnership with the city of Atlanta, we are investing in high-capacity transit to improve connectivity, accessibility, and mobility along this important corridor. The transit and transit-oriented development investments planned for this vibrant part of the city will support the overall economic and community development sought by the established neighborhoods along the route. One of the exciting parts of bus rapid transit is the planned use of electric buses to travel through dense urban corridors, leaving no emissions and no noise in their wake. MARTA's first six zero-emission buses will reduce our fleet emissions by approximately 935 short tons of greenhouse gases while also reducing harmful fine particle matter that is linked to a variety of health risks. The BIL's increase in funding for the new Low-No emission bus grant program will help MARTA accelerate the transition of our fleet to zero-emission buses. We are also working with the city of Atlanta on the transformation of our largest and busiest train station, Five Points, which sits at the heart of the city. MARTA will be seeking a RAISE grant and new discretionary grants to support the $150 million redevelopment of the station that is the intersection of 4 rail lines and a transfer hub for dozens of intercity bus routes that serve major Government and educational facilities, jobs centers, and Atlanta's vibrant arts and cultural scene. In closing, I want to thank you for the opportunity to present to the Committee today. I am very proud of the progress that we have made in the Atlanta region, including in very challenging circumstances while we continue to provide service during the ongoing pandemic. I am grateful for the leadership of the Georgia congressional delegation and their role in the passage of the bipartisan infrastructure law. Senators Ossoff and Warnock have provided steadfast support of MARTA and the communities that we serve. I am confident that the passage of this monumental law will contribute to our sustained growth as we expand in cost effective and practical ways, with great support from President Biden, USDOT Secretary Buttigieg, and Federal Transit Administrator Nuria Fernandez. Thank you very much, Chairman Brown and Ranking Member Toomey, for this historic legislation and all that it will do for the people and communities of the Atlanta Metro Region. Chairman Brown. Thank you, Mr. Greenwood. Mr. Regan, you are recognized for 5 minutes. Welcome. STATEMENT OF GREG REGAN, PRESIDENT, TRANSPORTATION TRADES DEPARTMENT, AFL-CIO Mr. Regan. Thank you, Chairman Brown and Ranking Member Toomey, for inviting me to testify today about the historic and long overdue investments in the bipartisan infrastructure law made in America's public transportation and, most importantly, in its frontline workforce. I am speaking today on behalf of 36 unions who collectively represent the majority of those workers. They include bus and rail transit operators, station agents, car cleaners, mechanics, and other frontline professionals. Today, we may hear from some who argue that investments in public transit are a waste of taxpayer dollars. We may hear that public transit only serves New York City while disregarding the millions of Americans in rural, small, and medium-sized cities who have always counted on public transit and who continue to count on it today. We may hear that the pandemic has doomed public transit. I want to be clear on one fact. Those claims are wrong. They are short-sighted, and they ignore the critical role of transit for millions of working people who rely on these services for most of their transportation needs. That is truer today than any time in our modern history. The American middle class has been under attack for decades while the wealthy continue to get wealthier. Nearly two-thirds of Americans now live paycheck to paycheck, and the pandemic placed even greater strain on their household budgets, which were already stretched thin, to the point of cruelty in one of the richest nations on the planet. And now because of historically high gas prices, your constituents will have to look their families in the eye while they decide whether to put gas in their car, food on their tables, pay their utilities, hire childcare, all while dealing with all the other pressures that unchecked corporate greed and rampant inequality and the erosion of worker rights have placed on their lives. Some might incorrectly respond by saying that the cost of gas is President Biden's fault. To those listening to this hearing at home, please know that these are disingenuous claims that are only meant to prey on your fears so that wealthy corporations and their allies in Congress can profit economically and politically while the American people work harder yet get poorer. I say all this to make one point. It would be a grave mistake to undermine the workers in this industry, the essential service they provide to commuters in urban and rural communities alike, and the pocketbooks of every single American by turning our back on the benefits delivered by public transit. There is only one solution to drive the prepandemic growth we saw in this industry: more service, better service, and the kind of real long-term vision delivered by President Biden, the members of this Committee, and the bill. Not only did the bill make unprecedented investments in public transportation, it also included two of transportation labor's biggest priorities, to protect workers from assault and to create new good jobs and clean transit. Two years ago, TTD's past President, Larry Willis, testified before this Committee about the horrific safety conditions faced by transit workers on the job every single day, a problem that has only grown worse during the pandemic, as has previously been noted. Thanks to the hard work of this Committee, Senator Van Hollen, transportation labor, and the unwavering support of President Biden, we will finally be able to turn the tide and ensure safety for our workers. The bill included critical reforms that require for the first time that the Federal Transit Administration collect accurate data on transit workforce assaults, reform its public transportation agency safety plan process to include worker voices, and incorporate measures to reduce the risk of assault in every single transit system in this country, and update its national safety plan to address the risk of assault and other public health concerns. While we wait for these new safety requirements to be implemented, it is deeply painful to witness transit workers still facing the threat of assaults and other unsafe conditions that place them in harm's way at the workplace. Last week, I spoke with Administrator Fernandez and her team at the FTA and am confident they are working as quickly as possible to ensure that no transit worker will ever again wake up wondering if today is the day that they wind up in the hospital or worse because their employers did not protect them. Second, the bill clearly illustrates that innovative new technologies, and the creation and maintenance of good union jobs, go hand in hand when good policy ties it together. Chair Brown fought to ensure that massive new investments in the low or no emission vehicle program were tied to truly historic investments in the incumbent and future workforce. Specifically, the bill requires transit agencies to show the workforce impacts of the transition to zero-emission buses, and it also addresses one of the largest existing skills gaps in this industry by providing millions of dedicated funding for workforce training. Tying workforce training, including labor management training programs and apprenticeships, to the adoption of new technologies will ensure a high-road labor model that provides good union jobs and is consistent with the Department of Transportation's new innovative principles which make clear that workers will have a voice at the table in the adoption of new tech. Last week, the FTA issued its first funding opportunity for the revised Low-No program. Thanks to Senator Brown's clear vision for workers and FTA Administrator Fernandez's commitment to workforce training, the FTA will guarantee that the training needs of the transit maintenance workforce will keep pace with new technology. Their careers can grow along with the advancements in tech. We thank both of you for your important work on this truly historic issue and its huge improvement for transit workers. Again, thank you both for having me, and I look forward to answering any questions you may have. Chairman Brown. Thank you, Mr. Regan. Ms. Schulz is recognized from New York. STATEMENT OF DOROTHY MOSES SCHULZ, ADJUNCT FELLOW, THE MANHATTAN INSTITUTE Ms. Schulz. Chairman Brown, Ranking Member Toomey, and Members of the Committee, thank you for the opportunity to testify. Can you hear me? I am showing as---- Chairman Brown. We can hear you perfectly, Dr. Schulz. Go ahead. Ms. Schulz. OK. So I am going to skip over most of my resume. You heard it. And as you know, I was in policing, and I have worked as a consultant for a number of transit agencies as well as having done safety and security audits for the FTA. My testimony is on crime, decriminalization of fare evasion, and the effects of fare-free transit on public order. I am very glad to follow Mr. Regan because I, too, am concerned with worker security and I know that is an issue for all the transit worker unions. Transit systems in many cities--I can name them quickly. I am from New York; I talk fast. New York, Denver, Los Angeles, Minneapolis-St. Paul, Seattle, and Portland, Oregon, amongst those, defunded police, replacing them with homeless outreach and mental health workers and with Ambassadors who, rather than issue fare evasion summonses, explained to fare beaters how to pay their fare. A recent study of 115 agencies found that 90 percent reported complaints about homeless riders. Most believe this has a negative effect on ridership and that it has increased during COVID when some systems lost more than 70 percent of their commuters. Amid this disorder, many stations have become de facto homeless shelters and drug injectionsites. Systems are finding fentanyl smokers in restrooms and on buses and trains, raising security and health concerns for riders and especially for employees. Destination-less riders and thieves and grifters are not new to transit, but passively allowing them to remain is new. There must be greater steps to maintain public order in transit. This is reflected in the broken windows theory: curtailing little offenses before they become big offenses, whether on the street, in a mall, or in a transit facility. Broken windows policing has been incorrectly described as the opposite of community policing, one tough, the other soft. This is a false dichotomy. Assuring community viability is not tough or soft. It is maintaining order to keep people safe and secure, and without it, we are threatening patrons and employees. Systems have also lessened their focus on fare evaders. They are responding to studies--many of the same cities I previously mentioned, so I will not provide a list--that indicate that young minority males are disproportionately cited for nonpayment. None of the studies, though, speculate whether the different levels of citations indicate different levels of fare compliance. But to talk about fare enforcement may be obsolete. A case in Maryland and one currently on appeal in the State of Washington are challenging the whole concept of fare sweeps and whether demanding proof of payment is a search under the Fourth Amendment. If these cases--if the Washington case is decided the same as the Maryland case, systems are likely to further curtail enforcement, effectively making transit free even if fares are not officially eliminated. There are also advocates who would see nothing wrong with this. Fare-free transit used to be called free transit before people realized that someone, even if not the riders, would be paying for it. Advocates believe fare-free transit will increase equity and decrease pollution. They rarely, if ever, discuss security. On March 4th, using ARPA funds, Boston embarked on a fare- free transit experiment on 3 bus lines. I hope they will include security in their surveys. We know bus riders are mostly lower-income women and that women increasingly work as bus operators. Their personal security must be paramount. In conclusion, transit systems have an obligation to provide a secure environment. The bipartisan infrastructure law does not do this in any way although it does finally, as Mr. Regan indicated, provide for tracking of assaults on employees. Infrastructure improvements are vital but so is assuring patrons and employees feel secure in the new or improved facilities. If transit boards continue to provide shelter to the unhoused or injectionsites for drug users, riders who can afford to will find other modes of travel and employees, as we heard, already in short supply, will find other places to work. I thank you for the opportunity to speak, and I look forward to answering any of your questions. Chairman Brown. Thank you, Dr. Schulz. Mr. O'Toole is recognized from Oregon. STATEMENT OF RANDAL O'TOOLE, DIRECTOR, THOREAU INSTITUTE Mr. O'Toole. Chairman Brown, Ranking Member Toomey, and Members of the Committee, thank you for inviting me to testify today. I am Randal O'Toole, and I am a policy analyst with nearly 50 years of experience studying transportation and land use issues. Today, you have asked how public transit can progress under the bipartisan infrastructure act. I am afraid I have bad news. It cannot, and it will not. Public transit has been declining for more than a century. For most of that time, Federal, State, and local governments have thrown increasing subsidies at transit aimed at reversing that decline. The results are a complete failure. Since Congress passed the Urban Mass Transportation Act of 1964, taxpayers have spent well over $1.5 trillion subsidizing transit. Yet, the number of transit trips taken per urban resident has fallen 40 percent, from 61 in 1964 to just 37 in 2019, the lowest in recorded history. In 2019, transit carried less than 1 percent of all U.S. passenger travel. Americans did not reject transit because of some automaker conspiracy or an irrational love affair with driving. They stopped riding transit because it is an inferior good. It is slower and more expensive than driving, and it does not go where most people want to go. In 2019, people can save money by driving instead of riding transit because average transit fares per passenger mile were 20 percent more than Americans spent per passenger mile driving their cars. On top of this, subsidies to transit were more than 100 times as much per passenger mile as subsidies to highways. Even with those subsidies, University of Minnesota researchers estimate that in 2019 the average resident of one of the nation's 50 largest urban areas could reach almost twice as many jobs in a 20-minute auto drive as in a 60-minute transit trip. Transit is so inferior, researchers found, that bicycle riders can reach more jobs in 15 minutes or less than transit riders in trips of the same length. This makes transit third class transportation. The researchers found transit was inferior even in New York City, the city with the best transit in America. The pandemic accelerated all the transit--led Americans to turn away from transit, increased telecommuting, decentralization of downtown jobs, and movement of residences to the suburbs and exurbs. The Census Bureau's American Community Survey found that increased telecommuting led to the number of people driving alone, bicycling or walking to work in 2020 to each decline by 16 percent, but the number commuting by transit fell by 41 percent, another sign of transit's inferiority. The transit industry claims that transit relieves congestion, reduces greenhouse gas emissions and helps low income people out of poverty and promotes economic development. I have discussed all of these in my written testimony, but for now I would just like to address the claim that transit promotes social justice by helping poor people and that free transit would be even more socially just. Even low income people know that transit is inferior. In 2019, only 5 percent of workers who earned less than $25,000 a year took transit to work compared with 7 percent of people who earned more than $75,000 a year. More than three-fourths of transit subsidies come from regressive taxes such as sales or property taxes. This means that 95 percent of low-income people who do not ride transit disproportionately pay taxes for transit systems that are disproportionately used by high-income people. That is the very definition of social injustice. I wonder if free transit advocates realize how racist they are when they argue that poor minorities should take third-class transportation while almost everyone else gets to take first-class transportation. American cities have a long history of throwing money at transit for no measurable benefits. The worst case is Los Angeles, which spent billions building rail transit and lost five bus riders for every rail rider it gained. Recently opened rail lines in Charlotte, Minneapolis, Portland, St. Louis, and other cities also produced no increase in riders. The only real beneficiaries of these projects are the engineering firms that designed them and the construction firms that built them. Transit agencies hope higher gas prices will encourage people to return to transit, but they will not. Between 1999 and 2011, gas prices nearly tripled after adjusting for inflation; yet, ridership grew by only 12 percent. That will not be enough to offset the effects of increased telecommuting, decentralized of jobs and housing, and people's wariness of crimes and infectious diseases associated with crowding. Transit's problem is not a shortage of funds but too much money, which transit agencies spend at projects aimed at pleasing politicians, not improving transit ridership. The bipartisan infrastructure act only made this problem worse. If the Federal Government must subsidize transit, it should make subsidies proportional to the fare revenues collected by each transit agency. That will make transit agencies responsive to transit riders rather than to engineering and construction firms that have gotten fat spending Federal transit dollars. Thank you very much. Chairman Brown. Thank you, Mr. O'Toole. Ms. Pinkerton, start with you. You talked about the population that we think is likely, maybe certain, in the Columbus region. Part of that growth obviously will result from Intel's $20 billion semiconductor plant in New Albany, 5,000 building trades workers over 10 years, ultimately creating 10,000 new jobs. We are burying the term Rust Belt in Ohio. How will COTA and the investments in the infrastructure bill contribute to that by helping more workers connect to jobs created by Intel and all of the spinoffs from Intel? Ms. Pinkerton. Thank you, Chairman, for the question. Just last Friday, I was invited, with former elected Federal officials, to the Ohio Business Roundtable, who convened the officials to look at the entire system. So when you have such massive investment, when we are already seeing growth by hundreds of thousands in our community, you have to look at the entire system. It is a systems engineering problem. I am really thrilled that COTA is invited to be at the table, and the topics last Friday were interesting. They were not things that you would normally think of being the responsibility of a Federal highway agency or a DOT or a transit agency: it was about access, affordable housing, childcare, common themes like food access. We believe that mobility is the most important component of building out a new site such as the Intel site. And when I say mobility, I mean physical and I mean digital. People have to be able to move, and they have to be able to connect. We will be part of an overall system. We already know that you cannot expand the highways enough to relieve congestion and get all people to the site. We have already built 12 lanes out that direction, so we are looking at reusing the number of lanes with more dense development and also with transit being part of the formula. COTA intends to use our LinkUS initiative and make sure that we are looking at the new trends of people coming in and out of the city to the new site, and where they are coming from across rural parts of Ohio as well, so that we can digitally connect the rural transit systems to our high-capacity systems. It does not mean we have to buy new vehicles. It means we have to upgrade the software and the hardware systems to make sure that they can talk to one another. Chairman Brown. Thanks, Ms. Pinkerton. Mr. Greenwood, what does faster, better service mean to your riders? Mr. Greenwood. To the riders, it means the world. It actually unlocks potential, unlocks opportunities for people who normally might not take transit. Having a more robust transit system that is more reliable, getting people to where they want to go sooner actually allows them the dream of chasing the job that they want, living in the places that they want. And the aspect of reliability cannot be overlooked. It is one thing to have a scheduled service but quite another to be able to stick to it. When people give their word in their daily lives, it needs to mean something. If they are relying on public transit, then we need to make sure that our word means something, too. We only get that when we invest in transit, making sure that our infrastructure is such that that level of reliability is absolutely there. Chairman Brown. Thanks. I think especially of low-income workers who do not have, frankly, much of a voice in this Congress, who work all day on their feet all day, and then they have to take a bus ride home and change buses, and it takes an hour and 10 minutes to get home, and what better, more efficient service would mean to them. Thank you. Mr. Regan, the infrastructure law invests in both zero emission buses and the workers who operate and maintain those next generation buses. I have had conversations in Akron and Canton and Cleveland and Columbus and Cincinnati and probably seven or eight transit systems in Ohio about that transition. When companies and agencies adopt new technologies, workers often get left behind or denied the training that they need. Are the bipartisan infrastructure law's transit requirements a good model for including workers in technology transitions? Walk through how we avoid some of the problems we have seen in the past, especially when you think about diesel engines to all-electric buses. Mr. Regan. Thank you for the question. Yes, I think finally for the first time in our history we are actually taking the right approach to workforce training when it comes to transit. Historically, we have spent less than 1 percent of expenditures at transit agencies on frontline worker training. This will put 5 percent of that into their overall investment in the people that are going to be operating these systems. And that is an important part. We are only going to meet the true promise of this moment, which is the real investment, if we are actually growing the workforce along with the expansion of our systems and improving service. The workforce has to be right along for the ride. Chairman Brown. Thank you. Senator Toomey. Senator Toomey. Thank you, Mr. Chairman. Mr. O'Toole, in recent years, the Federal Government was providing roughly $13 billion per year to subsidize transit. In 2020, they got their $13 billion. And then over the course of just that year they got another $70 billion, 7-0, on top of the 13. With the bipartisan infrastructure law and recently passed omnibus, transit agencies will get another $20.5 billion. And then on top of that, they will get an additional $87 billion over the next 4 fiscal years. This, of course, does not include the hundreds and hundreds of billions that the Federal Government sent to State and local governments in a year when they were setting an all-time record for tax revenue collection. So my question for you: Are you aware of any kind of logical, methodical process for determining? Is it needs-based, or is there some other mechanism that you are aware of for determining these massive amounts of money? Mr. O'Toole. No, I do not know of any reason why transit should have gotten all of that money. Transit, before the pandemic, was carrying less than 1 percent of passenger travel and no freight. Transit, during the pandemic, has been carrying less than a half a percent of passenger travel and no freight. The main transportation problem that emerged from the pandemic was a freight problem, a supply chain problem, and yet, none of the COVID relief money went to aid that supply chain problem. So by my calculation, about more than 40 percent of the money went to transit--of the transportation dollars went to transit. Senator Toomey. So the U.S. Department of Transportation has found that there is a backlog of $105.1 billion in deferred maintenance and replacement needs for mass transit. This is generally known as the state of good repair needs. Seems to me that there are project sponsors across the U.S. that are looking to have the Federal Government now fund light rail, commuter rail, heavy rail projects amid depressed and uncertain ridership. Are these transit agencies all making sure that the money they are getting is first going to deal with the state of good repair, to bring up to date the deferred maintenance and the replacement needs that have been identified? Mr. O'Toole. You know, we have many examples of transit agencies that had serious deferred maintenance needs and chose to spend Federal dollars on building new transit instead. There is the Silver Line in Washington, DC; there is the Green Line in Boston, many other examples of transit agencies with transit systems that were breaking down deciding instead to spend money on new transit. I think what transit agencies have learned from the pandemic is that it does not matter if they actually carry any transit riders. They are still going to get lots of subsidies. And that is a lesson that is very bad. It tells people that the important thing is the jobs they create, the construction that is done. What is not important is whether anybody is actually carried by them, and so transit agencies have no incentive to be responsive to rider needs. Senator Toomey. Let me turn to Dr. Schulz. As I mentioned in my opening statement, New York City Mayor Eric Adams has publically admitted to not feeling safe using his own city's subway, the MTA. Earlier this year, New York District Attorney Alvin Bragg directed his staff to withhold prosecution of ``low level'' crimes like fare evasion. The previous DA, Cy Vance, announced ending criminal prosecution for fare evasion back in 2017. So we have some years now of experience where, as a sort of de facto matter, there is kind of a no-fare ridership on the New York MTA. So at a minimum, it has actually been decriminalized as a practical matter. What has the experience been for the New York MTA? What lessons can be drawn from this history? Ms. Schulz. One of the lessons is--of course, this is also true in Brooklyn with DA Gonzalez, where it has been true for a long time. Manhattan always gets all the attention, but decriminalizing fare enforcement is nothing new in New York or anywhere. I believe the last thing I read, in New York, which has barriers, turnstiles, fare evasion is up to 40 percent. So you can only imagine what it is like in systems like Minnesota, Seattle, Portland, that basically are barrier-free and have a sign saying, you know, in effect, please remember to pay your fare. That is where the decriminalization of the fare enforcement really comes into play because particularly in these systems the fare enforcement was really the only sign of order or order maintenance that existed. And if you do away with fare enforcement, it is not just the income from your fares, which a lot of advocates say, well, it is only 10 percent of the fare box, or 20 percent, although in some cities it is as high as 40 percent. But what it does is it takes away capable guardians. There is no reason for people who represent the system to be on the trains or on the platforms. Now systems are also going more and more to automated entry and ticket, which means that not only are there no police or security personnel there are very few station agents. And so people are really left to their own devices on the system, and it discourages orderly behavior. It is not only the $1.20 or the $2.75. It is if enough people see other people who are not paying they are going to feel why should they pay, why should anyone pay, and you lose control of the system. I think what New York learned is that--it is sort of a clich?--no good deed goes unpunished. During the pandemic, because so many homeless people really had nothing--nowhere to go and there were so few riders, it sort of looked the other way and let them be. Now I do not want to single out homeless people. Many of them are victims. In New York, two or three have been killed on the transit system. But, unfortunately, their presence discourages others and helps to create the sense that there is no order. And because for many of them their behavior cannot be predicted, it adds to the fear level. So all of these things together add to a downward spiral that is going to make people who do not have to depend on the system less likely to use it. And if people only have to go to work now one or 2 days a week instead of 5 days a week, I suspect that many of them will not get out of their pajamas, as the mayor asked them to, and they will find other ways to get to their workplaces on the days that they do have to put on clothing. Chairman Brown. Thank you, Senator Toomey. Senator Tester from his office, from Montana. Senator Tester. Yeah, thank you, Mr. Chairman and Ranking Member, for having this hearing. I think it is very, very appropriate. I have got a number of questions. I am going to start with you, Ms. Pinkerton. You talked about electric buses on your route, I think. What percentage of vehicles are electric in your transit system? Ms. Pinkerton. Thank you for the question, Senator. We just launched our first two buses this year with another eight to come. And then we intend to have a capital program where, within 10 years, we would switch to primarily electric or with a mix with our compressed natural gas fleet. I previously mentioned our commitment to diesel-free by 2025. That will be achieved by entirely compressed natural gas and a mixture of EV coming into the fleet over the next 10 years. Senator Tester. So you have two electric buses. And by the way, congratulations on that. The two electric buses that you have, have been on routes how long? Ms. Pinkerton. They have been in service since last fall, sir. Senator Tester. Since last fall. So we know the advantage that I think has been pointed out already, no emissions and noise issues are minimized in a big, big way. Can you talk about any other advantages you might have other than the fact that you can potentially run these off renewable energy? Are there any disadvantages? Ms. Pinkerton. Thank you for the question. One impact I would not consider it a disadvantage. I think it is an opportunity: I mentioned the retraining and retooling of an American workforce. I have worked in the automotive industry, the DOT. And we all saw the Silver Tsunami coming, and we saw the younger generation coming up. I see an opportunity for workforce retraining. As a matter of fact, we bring 17-year-olds from high school into our facility, and we started doing this before electric vehicles came online, working on the floor for half the day in addition to taking their classes. They are paid a full wage while they are with us, and they are offered a job at the end of the 2 year training. But we are being incredibly aggressive with the opportunity not only to help the future workforce understand the electrification of transportation but the electrification and security issues we have with the national grid and our lack of a national energy policy. Also, coding technology, advanced technology systems. I mentioned a car and a bus generate a terabyte of data of day, so understanding how those systems work is vital. And one of the primary advantages we are going to see out of this is our massive state of good repair improvements. I am very fortunate. I do not have issues with state of good repair. We have significant local funding at the Central Ohio Transit Authority that ensures we are in a state of good repair at all times. But in order to do that, you have to have the data and the analytics to shift to a predictive maintenance model. We do not wait for something to break down. We predict when it is going to break down, and we fix it before it happens. And so that shift to data and analytics I think is a huge opportunity for us. Senator Tester. Thank you. Mr. Greenwood, this next question is for you because I have had a request to ask you a question, but this is my question, not the requestor's. For your work with MARTA, you are coordinating with the Federal Transit Administration, the State of Georgia, county governments, and of course, the city of Atlanta. That is a lot of layers for you to deal with and I am sure a lot of administrative headaches. While not on the same scale, I hear from Montanans about the amount of time that is required for reporting transit projects, even routine operation. So, Mr. Greenwood, could you speak a little bit about how your organization navigates these requirements, and do you see areas where it might make sense to take a different approach to some of the administrative requirements? Mr. Greenwood. Thank you for the question. We actually enjoy a good partnership with our State and city representatives. We are galvanized by the urgency of good, connective public transit. And while there may be issues administratively to be hammered out as a lot of the legislation, a lot of the grant opportunities are new, we meet quite regularly and have a deep internal commitment between the groups that we are going to sit at the table, strategize, and make sure that, you know, the winner in all of this is public transit and the communities and individuals that depend on it. Senator Tester. Thank you for that. I will just close with a comment. I live 12 miles west from a town with a population of 600. We do not have a lot of transit there. So when I came to Washington, DC, and I had the opportunity to ride the metro, I was pleasantly surprised. You pay to get on the metro, and I can tell you that it costs me more money to back my car out onto the street than it does to get a ride on the metro. So to say that driving a car is cheaper than driving transit or paying for transit, that is using some pretty funny math. With that, I yield, Mr. Chairman. Chairman Brown. Thank you, Senator Tester. Senator Smith from Minnesota is recognized from her office. Senator Smith. Thank you, Mr. Chair, and thanks. It is great to be with you. Let me just ask this. The bipartisan infrastructure bill has provisions that extend Build America/Buy America requirements for our infrastructure programs--to infrastructure programs that currently do not have them. And this means more jobs with more benefits for American workers in Minnesota, including in Minnesota's tech-med industry or for Minnesota's bus manufacturers. So, Mr. Regan, let me ask you about this. Can you speak to the importance of the Buy America provisions in the infrastructure bill, and what do you expect that effect to be for American manufacturing? Mr. Regan. Thank you, Senator. I think the Buy America provisions are vitally important to the long-term success of the investments we are making here. In particular, we have emerging, new rolling stock opportunities, a new technology that is going to be part of the system, including on EV side. That is an emerging marketplace. And there is an opportunity with the right policies to make sure that we can recapture some of that manufacturing capability that we have lost over the past and we have frankly given away. So Buy America, combined with other investments into the U.S. economy, will really go a long way to making sure that (a) we have a functioning system, we have the workforce that can provide it, and we have the supply chain here in the United States to supply our systems with all of the buses, rolling stock that they need. Senator Smith. Right. I totally agree with that. You know, Minnesota's Iron Range is a major supplier of American iron ore, which is why we care so much about Buy America standards that are focused on melted and poured in the United States. And I would, of course, representing the Iron Range, add mining to that. For the steel workers and others that are working on Minnesota's Iron Range, this is absolutely essential. So talk a little bit more about why these more detailed standards and also addressing sort of the many waivers that often had been granted in the past--why this is so important and how it addresses our competitiveness as a country as well as our ability to build out our manufacturing. Mr. Regan. Yeah. You know, the Buy America and the way it has been applied has always been slightly imperfect because you are doing it based on a percentage of the rail car. So if it is 60 percent previously, go up to 75 percent. Everyone can assign their own value based on how much the chassis truly made up of this car or how much the aluminum shells were, things like that. So having more detail and more specificity with our Buy America policies is really important and also having just more data to understand where the gaps are within our own supply chain so that we can meet those needs so that manufacturers can find the opportunities to make something that can go into these rail cars. So you know, the people that you represent up in Minnesota can know where there is going to be an opportunity to try to build something for this country and with the money that we are investing into transportation. Senator Smith. Right. And exactly those businesses that are assessing where they want to put their investment dollars will have a better understanding of where they are going to be able to get a long-term return, and those workers are going to know better where they can expect to really build a career. And all of that, it seems to me, is contributing to our competitiveness as a country and also to the long-term resilience of our supply chains. And I think at the end of the day it also can contribute to the affordability of the products that Americans are buying. Would you agree? Mr. Regan. I would completely agree with that, and I think it would. The more we invest in manufacturing and actually having a domestic supply chain, the cheaper it is going to be, the more we can actually compete around the world, frankly. And you know, if the supply chain crisis that we lived through over the past year shows anything it is that in many areas we just simply are not prepared to deal with, and to provide, some of the goods that we need in this country. Rail chassis was a huge example of that. We just did not make here, and we did not have enough here. We might have the rail cars ready to move. We might have the trucks to transport it. We did not have the chassis. And that just shows that we are unprepared for a moment like that. Senator Smith. Right. Exactly. Mr. Greenwood, let me quickly turn to you. I just have a couple more seconds. People who rely on transit--and there are millions of Americans who use transit to get to work, to school, to get to the doctor's office, to get to childcare-- they understand kind of this truism that if you care about opportunity, if you care about equity, you care about buses. You cannot really have one without the other. And so I am interested in your perspective on this as you think about running an important organization like MARTA. What do you do--how do you think about this need to really make sure that that system is working, that it is well run, that it is on time, that it works for that people that rely on it to make their lives work? Mr. Greenwood. It is integral in our daily lives as MARTA employees. Unionized employees, frontline employees, management right through and through, we have this commitment that our job is to move people. And I would go one step further and say public transit is important even if you do not ride the bus and if you do not ride the train. This pandemic showed us that, you know, the employees that we call essential employees, they have been essential all along. We have just decided to start calling them that through the pandemic. But they went to work at the hospitals, at the medical centers, you know, at the facilities that created the PPE. And they continued working, and they got there by and large via transit. So the beneficiaries of public transit go beyond the people that actually step on the vehicles. Senator Smith. Well said. Thank you very much, Mr. Chair. Chairman Brown. Thank you, Senator Smith. Senator Ossoff from Georgia is recognized. Senator Ossoff. Thank you, Mr. Chairman. And in addition to you, Mr. Greenwood, I want to welcome the members of MARTA's board in attendance. And building on my colleague Senator Smith's praise of the workers who sustain these transit systems, I want to recognize Britt Dunhams's ATU Local 732 and thank all of the transit workers in Georgia for their efforts. Mr. Greenwood, I want to begin by discussing expansion of transit service to Clayton County. Clayton County joined MARTA in 2014. And as you know, I am continuing to urge the expansion of high-capacity service to Clayton County. Will the bipartisan infrastructure law that we passed in Congress help provide MARTA with the resources and the capacity to extend that service into Clayton County. Mr. Greenwood. It absolutely will. That is our commitment. The bipartisan infrastructure law will deliver resources necessary for high-capacity transit. We acknowledge, you know, an existing challenge in making sure that expanding rail anywhere in metro Atlanta is difficult. We do have to, you know, have a lot of collaboration with our partners and cooperation with the class 1 railroads, who--you know, they have different priorities, and they are perhaps less incentivized to move people as we are. However, we will continue those conversations and those discussions. And we are, you know, reassured by the fact that we can successfully do high-capacity transit with our BRT systems. We are pursuing that right now in Clayton County, and we are also investigating bus rapid transit in Campbellton on Campbellton Road in southwest Atlanta as well as Clifton Corridor in northwest Atlanta. Northeast Atlanta. Senator Ossoff. So, Mr. Greenwood, can you give an estimate for when Clayton County residents may be able to take advantage of that planned BRT system, which will be made possible in part thanks to the bipartisan infrastructure law? Mr. Greenwood. Well, the good news is based on the support of the BIL residents in Clayton County can start to expect results as early as 2026. So our Southlake BRT will come online in 2026. The operations and maintenance facility to support that will come online in 2026. And what that means is it really unlocks transit as a force multiplier. The sooner we get these projects out of the ground and in running, you know, in situational running, the sooner the beneficiaries can start to improve their lives and contribute to the economic development that we boast about. Senator Ossoff. Thank you, Mr. Greenwood. And you mentioned in your opening remarks the Five Points Station. And MARTA is providing service across the metro Atlanta region, Mr. Chairman--Lovejoy, Riverdale, College Park, East Point, Decatur, all the way up to Sandy Springs, Dunwoody, and Alpharetta. Five Points Station is the hub. And I want to urge you, Mr. Greenwood, to submit that application for the resources to help upgrade that facility, particularly with a view toward increasing capacity and passenger safety. And I commit to you that I will do everything I can, working with Secretary Buttigieg, to see to it that we can upgrade the Five Points Station, the hub of MARTA's heavy rail system, and ensure that it is the safest and best hub possible for riders in metro Atlanta. Mr. Greenwood. Thank you, Senator Ossoff. Senator Ossoff. Thank you. I look forward to working with you on that. Finally, Mr. Greenwood, I want to ask you about planning. And you know, the President signed my Local Transit Planning Support Act into law as part of the bipartisan infrastructure law, which expands support for transit planning in low-income communities and in low-density communities. Can you please comment on how the Local Transit Planning Support Act will improve transportation around metro Atlanta but also based upon your experience for coastal Georgia, for north Georgia, for middle Georgia, for south Georgia, where there is not as robust an existing infrastructure as there is around metro Atlanta? Mr. Greenwood. Yeah, thank you for the question. I can say that, you know, MARTA enjoys, you know, a one-cent sales tax through the communities that it serves in Fulton, including the city of Atlanta and the adjacent communities. Some of our communities outside of MARTA's footprint--you know, one of the common complaints that we hear is that transit is not expanding fast enough and it is not going to the places that are developing around the current MARTA footprint. And so that legislation will enable some of the--you know, some of the agencies that do not have as much funding, do not have the formula available to do that kind of investigation. It will allow them to catch up. It will allow them to do the work necessary to actually create linkages with MARTA and better serve the region through a considered and interconnected network. Senator Ossoff. And with the Chairman's indulgence, for parts of Georgia outside of your immediate jurisdiction, for folks along the coast, south Georgia, middle Georgia, north Georgia, the Local Transit Planning Support Act will help low density communities to plan their transportation systems. Based upon your broad experience, 35 years working in transportation, how can that law impact and improve transportation for communities across the State? Mr. Greenwood. I have always looked at transit as the common thread that weaves through the fabric of any nation that it serves. And there is no point in building strong transit in one area and leaving the rest, the neighboring agencies, desolate. So transit is--we call it the equalizer because it gets you from point A to point B and from point B to point A. So that is regardless of where you live. That currency, that equity is available for you. And so that is the magic of transit is that it is a common thread through all the communities that it serves, and we will be better able to link with the other providers of transit in that common goal. Senator Ossoff. Thank you, Mr. Greenwood. Thank you, Mr. Chairman. Chairman Brown. Thank you, Senator Ossoff. Senator Menendez from New Jersey is recognized. Senator Menendez. Thank you, Mr. Chairman. Thank you for holding this hearing. I know you have many topics before you, and I appreciate it. As my colleagues have heard me say many times over, we have a program in the Northeast Corridor called the Gateway Program to modernize our century-old infrastructure between New Jersey and New York that is utilized by both New Jersey transit, Amtrak's Northeast Corridor, some of the New York transit entities, and it is absolutely vital to the future of my State, the Northeast Corridor, and our national economy. And I say the national economy because that region generates 20 percent of GDP for the entire nation and this section is incredibly important. I am happy to report that we have made significant progress on Gateway over the last year or so. The Portal North Bridge project signed a full funding agreement with the Federal Transit Administration in January of last year. That has allowed over $800 million in Federal funding to begin to flow to the project. And the Hudson River tunnels that had been stalled for years under the previous administration are moving again. Last year, the Biden administration finalized the environmental review project, and within the last few weeks the project received an improved rating from FTA that will allow it to move forwards under the Capital Investment Grants or the CIG program. And that is why I raise this because I want to talk a little bit about CIG as part of our effort. But before that, I want to thank the Chairman and other colleagues on the Committee for their work to pass a strong transit title as part of the Infrastructure Investment and Jobs Act that increased the authorization for the CIG program by 50 percent. Last week, we passed a final fiscal year '22 spending bill that included an additional $400 million for CIG, and when combined with direct appropriations, it essentially amounts to a doubling of CIG from fiscal year '21 to '22. So I would like to ask Ms. Pinkerton and Mr. Greenwood, both of your transit systems have Small Starts projects in the CIG pipeline. Can you speak about the importance of the CIG program to your respective agencies and the communities that they serve? Ms. Pinkerton. Well, thank you, Senator, for the question. Our Small Starts Capital Investment Grant applications do fall under a regional growth initiative locally that we have really put a lot of thought into over the last 5 to 10 years, so we understand where the rapid growth is and will take place. The addition of a million more people to our region could cause housing to increase and become unaffordable. We are seeing that realized today. And we are also seeing that the amount of infrastructure needed to meet these needs could cost billions. But if we build in a smaller footprint, in a more transit-oriented manner, then we have the ability to actually reduce the tax burden on our local residents. That will require investment in transit in an order of magnitude we have not done before in the central Ohio region. So the CIG program is absolutely essential to us as we transform our community from a small city into a metropolitan area. And I need to mention that, in particular, the policy changes around the Small Starts portion has been vital for communities of ours who have gone from a mid-sized city to a large city status just in the last census. Senator Menendez. Mr. Greenwood, do you want to add anything to that? Mr. Greenwood. Similarly, I would say that the improvement through the CIG of really changing our ceiling from $300 million to $400 million has really unlocked the ability for MARTA in particular to move a lot more projects through the pipeline. So we have gotten ourselves into a position where through a more agile administrative landscape, we were able to execute on multiple projects at the same time, bringing to the communities, you know, the sense of soon, certain, positive results as opposed to a landscape that normally causes people to hear about something and then wait and wait for results. They are able to get a timeline that is more in keeping with their expectations, and it allows us to more aggressively move through the process. Senator Menendez. And I assume you both believe that Congress should fully fund the Federal share of these eligible products; is that a fair statement? Mr. Greenwood. We do. Senator Menendez. One last question. I am a former mayor, and I have seen firsthand the transformative impact that access to well-planned transit can have on communities. I have long worked to provide additional resources to strengthen the linkage between affordable housing and access to transit. And I am pleased that some progress was made on that front in the Infrastructure Investment and Jobs Act, providing greater focus on transportation planning activities, including what I call livable communities or the effort of transit villages and putting it all together in terms of infrastructure. I appreciate and have worked with this on the Chairman in the past. Can you speak to the ways in which your agencies have worked, or are working, to incorporate access to affordable housing when developing and evaluating the impacts of a potential project? Mr. Greenwood. If I may begin, you know, at MARTA that has been a staple of our development. We talk about lines and dots and making sure that not only do we build the community through effective corridor planning but making sure that the dots, the stations, the areas around those stations are well supported. We firmly believe that equitable transit-oriented development is essential to the development of a community. When we speak about economic development, the intention is for people that live in the community to be able to share and contribute to that economic development. We also know that, you know, in families where rental income or rental rates are difficult it is often the case that people are moving, changing locations in order to find housing that they can afford. And the domino effect of that, of course, is that the children that are established in school and trying to, you know, demonstrate their own academic prowess end up having to change schools and relocate themselves and start over again. So we are affecting more than just, you know, the immediate members of the family that we see getting on the trains. We are affecting the entire family. So equitable transit-oriented development forces communities that--not forces, but enables communities to work together to plan deliberately to protect the interests of everyone. Senator Menendez. Thank you for your insights. Thank you, Mr. Chairman. Chairman Brown. Thank you, Senator Menendez. Senator Warnock from Georgia is recognized. I shared with Mr. Greenwood and his staff from MARTA prior to the hearing the good work you did in helping to build a strong transit title. So you are recognized. Thank you. Senator Warnock. Thank you so very much, Mr. Chairman, and it is wonderful to be a part of this hearing on public transportation and the bipartisan infrastructure bill. I often say that physical mobility and social mobility are inextricably connected. People need to be able to get where they are going to get where they are going. And so this is important work. And I am particularly proud that Mr. Collie Greenwood is here representing MARTA, which services the metro Atlanta area. Georgia has more than 15 urban transit systems and 80 rural systems serving nearly 80 percent of our 159 counties from Augusta to Valdosta. Georgia transit and MARTA's expansion plan has been top of mind for me since my first day here in the Senate, especially as we negotiated the bipartisan infrastructure package. I agree with my colleagues who have talked about the importance of CIG, and I was proud to introduce the Capital Investment Grant Improvement Act and fought to ensure that its provisions were included in the bipartisan infrastructure bill. I want to talk specifically about MARTA's work in Clayton County. Georgia creates jobs, provides commuters with more affordable mobility options--again, mobility leads to social mobility--bolstering the local economy. And that is why I was thrilled to deliver a one-two punch of funding last week for MARTA's new multipurpose operations and maintenance facility in Clayton County. I fought all year to include funding for critical Georgia projects in our annual funding package, and last week we passed it into law, good news, including $5 million I secured for MARTA's new facility. I also learned last week that MARTA will receive $15 million for that same facility through the Federal Buses and Bus Facilities Competitive Grant program. And I was proud to write in support of MARTA's application and glad that we were able to deliver on both fronts. Mr. Greenwood, could you tell me a little about the importance of this facility to MARTA and to Clayton County? Mr. Greenwood. Thank you, Senator Warnock. And we collectively at MARTA have been celebrating the good news and singing your praises and Senator Ossoff's praises just very recently about all the work that you have done to support us in this regard. The Clayton operations and maintenance facility specifically is very important to the neighborhood as well as it is to our system. It is a bricks-and-mortar representation to the people in the community that MARTA is not just passing through. We are actually -we are living here. And it is a representation to the people in the community that, yes, there are going to be 733 permanent jobs, direct and indirect, as a result of this facility being in the neighborhood, and they are jobs in operations, administration, technology, leadership and management. It is an inspiration to the community. We will have a local MPD, MARTA Police Department, precinct right there in the neighborhood. It provides all at once economic development, addresses climate change because of its green leanings, safety and security in the neighborhood, equity, pride, and inspiration in a neighborhood, and a clear example of capital investment leading to operational efficiencies in that we minimize nonproductive, what I call deadhead miles and minutes--that is time that the vehicle is not revenue service-- because the home is now inside of the community. So for all those reasons, the Clayton O&M facility is firing on all cylinders. Senator Warnock. And all of those are wonderful developments and benefits to this work. You touched on its impact on the issue of the climate and sustainability. Can you say a little bit more about how this facility impacts your effort to transition more of your bus fleet to electric? Mr. Greenwood. Sure. Thank you. I will say this. It is a purpose-built facility, and that means that we are-- yes, we are solving today's needs in terms of how many buses will we move in there and how will they be distributed throughout the system, but we are keenly aware of the fact that we will--it is incumbent on us to support today's propulsion needs and tomorrow's propulsion discoveries. We are aware of it at this--you know, it is 2022, and the technology in bearing zero emission propulsion systems is changing rapidly. And so we are making sure that this facility allows us to remain nimble, allows us to accommodate what we know about electric buses today and accommodate tomorrow the emerging developments in the future propulsion technologies. So we will have space. We will have ports. We will have roof-mount access for the batteries. We will have hoists and smart hoists and charging. We will have safety and minimal reversal moves built into the design of the system, of the facility. So it is what we need today, but it is absolutely forward-facing in a green landscape. Senator Warnock. Well, thank you very much, Mr. Greenwood. Focused on green opportunities in this work. Glad that I was able to secure $20 million for this facility. Hopefully, we can secure future investments, and I look forward to seeing this project once it is completed. Mr. Greenwood. Thank you, Senator Warnock. Senator Warnock. Thank you. Chairman Brown. Thank you, Senator Warnock. Senator Van Hollen from Maryland is recognized. Senator Van Hollen. Thank you, Mr. Chairman. Thank all of you for your testimony and your work. You know, the passage of the infrastructure modernization bill is going to be a huge boost to transit in my State of Maryland. It is going to allow us to modernize our existing transit systems, build new light rail systems. It will extend the Federal participation in our nation's metro system here, the WMATA system in Washington, the Washington region. And it will revive a chance for Baltimore to build a full metro system, which is called the Red Line, where the Federal delegation secured about a billion dollars in Federal support but the State, a number of years ago, decided not to put the matching fund in, the Governor at that time. So we think we will get that back on the list of things to do. I would like to focus briefly on an overlooked area of transit but one where we made substantial progress as part of the infrastructure modernization bill, and that is transit worker safety and workforce development and training. And, Mr. Regan, thank you and your team at the Transportation Trades Department for your input on the bill, especially those provisions. I want to start with the safety issue because I introduced a bill to support greater worker safety in response to all of the assaults that we have witnessed on our transit workers, which predated the pandemic but really came to a peak during the pandemic. And there was no sort of definition for what constituted one of these attacks. There was no recordkeeping. And there was no system in place for preventing these avoidable attacks. I am pleased that we were able to include provisions from that bill in the final product. Thank you for your support. Can you just talk about the implementation of those safety provisions and why they are important and how we can make quick progress? Mr. Regan. Of course. And first of all, thank you for your leadership on this issue. It was vital to getting us across the finish line. This has been shockingly hard to get accomplished over the years. So for us to have this finally in law is a really major win for working people. To your point, under the current definition of assault, somebody could have their nose broken while they are driving a bus and that not count as a Federal assault. So we need to make sure that the rules and reporting requirements are definitely upgraded and accurately reflect the scale of the problem as we see it. The other thing that I think is one of the most important aspects of what this bills does is it brings the workers into the safety planning process, which is--it seems so obvious. These are people who are seeing this, seeing what it is like on the ground. They are the ones who are dealing with the assaults, are the ones who know where the vulnerabilities are, and they should be at the table when they are talking to their agencies about planning for how to make a safer environment for both passengers and for the employees. So that is going to be a really big step for us toward hopefully solving this awful problem. Senator Van Hollen. Well, I look forward to working with you on the implementation phase. As you know, passing a law is one thing; implementing it is another. So we want to make sure that those changes take place as rapidly as possible for the safety of the workers. Another often overlooked area has been workforce training for transit operators and workers. I had also introduced legislation on that. I was pleased that the FTA also moved forward about the same time with a national transit workforce center and that that received additional funds as part of the infrastructure bill. Can you talk about implementation of that provision of the legislation? Mr. Regan. Yeah. Well, first of all, this is the first time we are actually putting Federal funding into frontline transit workforce training, which is a huge improvement, something that is frankly long overdue. And the funds in the infrastructure act will actually help us jumpstart that in a much more important way and not at a better--not at a moment too soon because if we do see--if my friends over here are going to be expanding service and seeing new opportunities to grow transit systems, we need to have the workers there that are ready to operate all of this. So we are looking forward to working together with agencies and with our partners in the industry, that when we are going in there to apply for funds, when people are saying, hey, FTA, this is our--this is what we plan to do with this money. Here is where we want to use X billions of dollars. Well, let us partner with that to make sure that the workforce development-- and these are the jobs we are going to create. These are how we are going to train people up. These are the new skills we are going to develop for our employees. That is going to be a really important part of making this a success across the country. Senator Van Hollen. No, I appreciate that because we often focus on the hardware of our transit systems, right-- buses, metro cars, rails, trains--which we have to do. But of course, they require a trained workforce, and we want to make sure that workforce is safe as they go about their jobs. So thank you for your work on this. It did take longer than it should have, but I am glad we were able to include those provisions in the final bill. Thank you. Thank you, Mr. Chairman. Chairman Brown. Thank you, Senator Van Hollen. Thank you to the five witnesses for joining us today, the two from New York and Oregon and the three of you that are here. This hearing showed the great benefits to the public that come from the infrastructure law's investment in public transit. We will see great benefits in other infrastructure sectors. Thanks to the witnesses for your testimony. For Senators who wish to submit questions for the hearing record, these questions are due 1 week from today, on Tuesday, March 22nd. To the five witnesses, please submit responses to questions for the record within 45 days from the day you receive them. Thank you all for joining us. The hearing is adjourned. [Whereupon, at 4:06 p.m., the hearing was adjourned.] [Prepared statements and responses to written questions supplied for the record follow:] PREPARED STATEMENT OF CHAIRMAN SHERROD BROWN Ohioans know how we let our infrastructure languish for far too long. They talked to Congress for years, trying to get Washington to listen. Presidents of both parties promised infrastructure investment. It took this president and this Congress to deliver. Some of the most important work we've done this Congress in the Banking and Housing Committee is writing the most significant investment ever in public transit under the Bipartisan Infrastructure Law. But it's not just about the numbers--it's about what that investment will do, and how this will matter in people's lives. It's going to mean transit agencies can run more buses and trains, more often, in more neighborhoods. Last year, Darryl Haley with Cincinnati Metro testified at our first hearing of the year on transit. He talked about one worker he knows at a restaurant in suburban Cincinnati--she had to spend her entire day's paycheck on an Uber to get to work, because her regular bus didn't run on Sundays. But she could not miss her shift without risking her job. The bus didn't come when she needed it, and that prevented an entire day's hard work from paying off. And it happens to her almost every single week. With the infrastructure bill, we have the potential to change the lives of workers like her. We can run buses on Sundays. We can run trains more often. We can add routes. We can add stops. That's going to make it faster and easier for people who already use public transit to get to work. It's going to open up new job opportunities, when people aren't limited by where the bus or the train runs. And it's going to going to make subways and buses and streetcars a viable option for the first time for new riders. Right now, so many families are feeling the pain of high gas prices because of Russia's attack on Ukraine. They have no choice but to pay those high prices, because they have to get to work, they have to get to school, they have to get to the grocery store. But if there's a reliable bus or train, workers won't have to choose between paying for gas or making rent. This is going to make such a difference--especially in so many communities that haven't had reliable transit. It's the Black and brown communities who have been historically cut off from job centers. It's rural areas where walking isn't an option. For our nation's seniors, a van or bus from the local transit service is a lifeline to the doctor or the grocery store or church. And because of the work we did on this committee, not only are we going to run buses more often, they're going to be cleaner, newer, and safer buses. More communities are going to be able to get new, state-of-the-art zero-emission buses on the roads. That's going to fight climate change and it's going to clean up the air in our communities. The Administration is already accepting applications for the zero emission bus grants we passed. I've seen how Ohio agencies like LakeTran, SARTA and COTA are leading the country in deploying these pollution-free buses. Over the coming year, we're going to see them in communities all over the State and the country. And we made sure that workers will get the training they need to work on these new buses. On this committee and under this president, workers will always-- always--have a seat at the table. I want to quickly thank the members of our Committee for their work to get this done. Republican Ranking Member Toomey and I don't see eye-to-eye on many issues, but we were able to reach agreement to reauthorize Federal Transit Administration programs. We can both be proud that cities like Cleveland and Philadelphia can replace rail cars that date back to the Carter Administration. Our Housing and Transit Subcommittee Chair Tina Smith and the Subcommittee's Ranking Member, Senator Rounds, did great work to improve rural transit and tribal transit. Senator Menendez and Senator Reed continue to be leaders in fighting for a fair share of funds for transit. Senator Tester, Senator Warner, and Senator Sinema played a key role in ensuring the Committee's transit title moved forward in the bipartisan negotiations, working with the Republican members of the bipartisan group. Senator Warner and Senator Van Hollen fought to reauthorize funds for ``America's Subway,'' the Washington, DC, Metro system, and Senator Van Hollen's legislation to improve agency safety plans gives workers a stronger voice in safety matters. Senators Warnock and Ossoff helped us fight for better bus rapid transit and better planning, and Senator Cortez Masto contributed provisions to link transportation planning with housing needs. I also want to thank Senator Warren and other members of our caucus who have kept advocating for zero-emission buses. After the difficult times of the pandemic, the future for public transit and for our infrastructure is finally brighter. I will spend the coming months working with Ohio cities and townships and counties and villages to make sure that every community knows all the opportunities available to them to improve their transit systems. I know many of my colleagues will be doing the same. I look forward to hearing from our witnesses today about all the potential for job creation and economic growth we can unleash. ______ PREPARED STATEMENT OF SENATOR PATRICK J. TOOMEY Today's hearing is about the public transit component of the bipartisan infrastructure law. As I've previously said, we should not pay for an infrastructure package by borrowing billions more dollars. Yet, that is precisely what happened with this law. It authorized so much new spending that $118 billion had to be transferred from the Treasury's General Fund to the Highway Trust Fund, which is supposed to pay for mass transit and highway construction with gas tax revenue. Some of my Democrat colleagues would make this shortfall worse by suspending the Federal gas tax, reasoning that the solution to high gas prices isn't more supply, but rather more debt. I'd suggest if we want to help commuters and families suffering from inflation, we can start by reversing the administration's actions that keep us from using our own fossil energy. But back to infrastructure. Federal spending should be driven by a reasoned assessment of our Nation's needs. However, the bipartisan infrastructure law seems to have been driven more by Democratic political imperatives. The bill funneled billions to projects that the private sector has been more than willing to fund, such as ferries and EV charging stations. Transit was given $108.1 billion over a 5-year period. To put that number into perspective, it's almost twice what transit got in the last surface transportation reauthorization. And this staggering sum will be on top of the nearly $85 billion given to transit, the vast majority of it categorized as ``emergency'' spending to offset COVID losses, from March 2020 to March 2021. In fact, this nearly $85 billion in funding exceeded the combined annual operating and capital costs of all transit agencies in the U.S. At the time, Democrats tried to justify paying for more than 100% of transit agency budgets by saying that transit systems would collapse from declines in ridership and State and local tax revenues. Yet, State and local tax collections set a new record in 2020. And Congress gave more than $850 billion to States and local governments for COVID relief. Worse, billions of dollars will go to transit agencies that were facing ridership challenges well before COVID. Since reaching a high of 10.7 billion trips in 2014, transit ridership has steadily fallen. It fell by almost 8% in 2019. And the last 2 years saw even steeper declines. Ridership fell at some agencies by over 70 percent. Some estimates predict ridership will never fully return to prepandemic levels. Agency leaders in New York, Pittsburgh, and Washington, DC, have all said their riders won't return. So why give away more taxpayer money to agencies serving far fewer riders? A number of advocates suggest the ``solution'' to falling ridership is fare-free transit. Advocates claim this will increase ridership and on-time performance of transit; achieve ``social equity''; and reduce operator assaults and ``fare evasion.'' I suppose one way to reduce fare evasion-which is really theft of services-is to never charge a price in the first place. But as Milton Friedman helped publicize: there's no such thing as a free lunch. In my view, just as car owners pay a Federal gas tax to support highways, transit riders should have to pay their fair share, too. As should local communities. Transit systems serve a city or metropolitan area, not the entire country. That's why Congress has traditionally helped to pay for capital needs, but not operating expenses. If New York or Washington, DC, cannot--or will not--pay for their transit systems, why should Federal taxpayers? There's one other issue we must discuss. And that's the rising rates of crime in mass transit systems. Despite having far fewer riders, New York, LA, Chicago, and Philly are all seeing spikes in transit crime. There were 461 felony assaults on New York's Metropolitan Transportation Authority last year. That's the highest number since 1997. MTA riders are confronting fearful conditions. We've seen the news stories: hammer attacks, stabbings, and multiple people pushed onto subway tracks, including in front of oncoming trains, with one woman tragically killed. Even New York City's mayor-a former cop-says he doesn't feel safe on the subway. Today, we will hear from two witnesses on the ongoing, systemic challenges facing transit agencies that were ignored by the bipartisan infrastructure law. Dr. Dorothy Schulz, a retired transit police captain, will testify that transit systems must address security issues that are putting rider safety at risk. And Randal O'Toole of the Thoreau Institute will testify about the long-term decline in ridership that began before COVID. We've seen time and again that throwing extraordinary sums of taxpayer dollars without serious reforms encourages transit systems to maintain the status quo. I look forward to hearing from our witnesses and discussing the question: does mass transit continue to make sense in every U.S. city at its current scale? ______ PREPARED STATEMENT OF JOANNA M. PINKERTON President and CEO, Central Ohio Transit Authority March 15, 2022 Thank you, Chairman Brown, for the opportunity to testify this afternoon on the enormous opportunities I see for central Ohio under the Bipartisan Infrastructure Law. This legislation represents a long-overdue commitment to repairing our transportation networks and repurposing them for a future economy, and in ways some may not realize. It addresses many of the ill effects of decisions of years past--congestion, pollution, and intentionally divided communities. Our transportation networks have not kept pace with rapidly-evolving changes in how we live, work and do business; and, they certainly do not account for the rapid and exciting advancements in technology which directly impacts the movement of goods and people. With this new infrastructure funding, we can begin to shift our old ways of thinking to fix that. Ohio's two Senators played a central role in drafting this transformative legislation through listening and raising their awareness of the necessary investment needed to support our nation's economy. I would like to share some examples of how the Central Ohio Transit Authority can put these funds to work for central Ohio. CIG Funding for LinkUS Central Ohio is a region of 2.2 million people, with an expectation to grow to 3 million in the next two decades. We know that through smart growth and planning principles, transit can build communities which lead to a higher quality of life built around affordable housing and equitable access to amenities and employment opportunities. Our transformational LinkUS initiative is exactly that. Entities across our region are collaborating to address our growth more sustainably-- through high-capacity, high frequency transit corridors that will support more dense transit-oriented development. Two of our planned corridors are already in the Capital Investment Grant (CIG) funding pipeline at the Federal Transit Administration, and a third corridor will be submitted later this year. We worked diligently to align these projects with the outcomes expected in the CIG program and expect LinkUs will benefit greatly from the infrastructure bill's improvements to the Small Starts portion of that program. Sustainability At COTA, we understand and take seriously our role in protecting lives through improving air quality in our region. Public transportation is the original ``green'' transport industry, making more efficient use of infrastructure through shared resources, shared trips, less emissions, and a smaller carbon footprint than what is required to subsidize single occupant trips. Our industry knows, that to have a lasting impact, we must commit to converting transit vehicles to clean fuel vehicles. At COTA, we are on track to meet our commitment to be diesel-free by 2025. And, we are preparing our path forward to a net carbon neutral future. Last year, with the help of a Federal low/no grant, we proudly deployed our first electric transit vehicles, and we went a step forward with our local energy providers to ensure they are powered by entirely renewable energy. The FTA just announced more than $1B in funding to assist us and others in our fleet transition, and we will work diligently to secure Federal dollars to accelerate our move to a clean-fueled fleet. Workforce Our front line operators--in our fixed route service, our on-demand microtransit COTA//Plus service, and Paratransit service--are essential to our mission. And the transit industry is facing workforce challenges like many sectors of the American economy. At COTA, we did not lay off a single transit operator during the pandemic, yet the current labor shortage has forced us to make service reductions. We are short almost 20 percent of the operators necessary to operate our fixed route service--putting a burden on our community and customers who experience service delays, and stretching our heroic frontline staff thin through overtime and aggressive work schedules. Through innovative recruiting and training, we are starting to see progress in skilling up a new generation and workforce retraining funds will be key to this momentum. Technology and Innovation This law will not only improve the condition of our roadways, it can transform how we use them. It has the potential to dramatically improve safety and increase capacity through efficiencies that do not require expansions. In central Ohio, our current highway capacity can meet even future demand--IF we invest in emerging technology and repurpose our existing assets. Connected and shared vehicles hold the potential to make moving both safer and more efficient. This will help bring us closer to the goal we all share: an end to crash-related injuries and fatalities. Our vehicle systems are connected and they each generate more than a terabyte of data each day. This creates a huge opportunity to leverage that data to solve many of the issues our inefficient transportation systems cannot handle at the moment. The new Federal investment takes bold steps to support transit agencies and other local officials in upgrading transportation technology systems. Thanks in part to an Innovative Mobility Integration (IMI) grant from the Federal Transit Administration, COTA has partnered with new artificial intelligence start-up companies to use traditional traffic management data built on old ways of operating, and coupling it with predictive analytics to increase safety and reduce travel times across our region. COTA brings a unique approach to serving our region. Our mission is to connect people to prosperity through innovation, dedication and teamwork--and, the more innovative, the better. The transportation systems built by previous generations made huge strides to bring us where we are, but it is time to re-invest and re-imagine how those systems can be utilized for future generations more equitably. The once ``future'' trends are already here--generations of workers and those soon to join the workforce want quality of life and outcomes from their services. They believe mobility should be ubiquitous and accessible in the palm of their hand--part of an American lifestyle which includes the pursuit of happiness through enriching and meaningful actions. Understanding this, we have developed partnerships with The Ohio State University Center for Automotive Research (OSU CAR), the Transportation Research Center (TRC), US 33 Smart Mobility Corridor, emerging and preemergent tech companies to see how we can better move ALL lives forward by trying new things. The newly added flexibility in this law allows--for the first time--for agencies on the cutting edge to implement recent research and successful demonstration of technology into standard every day practice. This is one of the most vital parts of the bill--just as we fund asphalt, concrete, steel, and plastic--we have to fund the digital to connect them all. When the public, private and academic sectors work together, we can create seamless networks to make the movement of people and goods easier and more cost-effective. This is exactly the type of environment needed to attract global businesses and investments. Conclusion The bipartisan infrastructure bill is exactly the type of Federal support needed for agencies pushing the envelope like ours. I appreciate the opportunity to share with you how we see this historic legislation impacting our growing region. Thank you. ______ PREPARED STATEMENT OF COLLIE GREENWOOD Interim General Manager and CEO, Metropolitan Atlanta Rapid Transit Authority March 15, 2022 Good morning, Chairman Brown and Ranking Member Toomey, and distinguished Members of the Committee. I am Collie Greenwood, Interim General Manager and CEO of the Metropolitan Atlanta Rapid Transit Authority in Atlanta, Georgia, known as MARTA. I am honored to have the opportunity to appear alongside my transit agency colleagues to share our experience at MARTA, and future expansion efforts made possible in part by the Congress's passage of the Bi-partisan Infrastructure Law. Serving MARTA in this role has been the culmination of 35 years of experience in the transit industry. I worked my way through college as a transit bus operator. At first, it was just a job that paid the bills, but at some point, the mission of getting people where they needed to go became a part of me. I rose to Chief Service Offer at Toronto Transit Commission (TTC), and I guided that agency though several transformational initiatives. In 2019, I was personally recruited by MARTA's former CEO Jeff Parker because of the alignment of our vision for public transportation. Jeff spoke about it as ``lines and dots''--the lines being the transit and the dots as the communities and places we serve. MARTA is the largest public transit agency in the southeast and one of the largest in the country, providing bus, rail, paratransit, and streetcar services, and has a robust transit-oriented development program that incorporates affordable housing and equitable access, driving economic growth and development around our rail stations. We have eagerly embarked on three expansion projects that I'll briefly describe today, as we hope they will be direct beneficiaries of funding and policy changes made possible by the Bi-Partisan Infrastructure Law. These expansion projects will benefit from a key change to the Small Starts Program--which as you know increases project eligibility from $300 million to $400 million. I'd like to personally thank Senators Warnock and Ossoff for their leadership on securing that change that is already having an impact for MARTA. One of the first initiatives I worked on when I arrived at MARTA was a series of improvements to bus amenities and a focus on bus service enhancement and expansion. As a former bus operator, I understand the importance of reliable bus service and that while rail may get most of the attention--it is the bus that is the backbone of public transit and bus service, particularly bus rapid transit, has the potential to be transformative for a community. With that in mind, MARTA is pleased to share that the Clayton Southlake Bus Rapid Transit (BRT) project has advanced to the project development phase of the Small Starts Program. The estimated $338- million-project will provide high-capacity transit service connecting College Park rail station in the southern part of metro Atlanta that is close to the airport--to several key destinations in Clayton County, including major commercial corridors, the hospital and the City of Riverdale Town Center. As the first BRT in Clayton County, the project will feature 13 new BRT-branded stations with offboard fare collection, ten BRT-branded electric buses and associated electric vehicle charging infrastructure, and the installation of transit signal priority equipment at key intersections. Additionally, the FTA recently awarded MARTA a $1 million Transit-Oriented Development Corridor Planning Grant to analyze and develop a potential project list of community developments at and around those proposed BRT stations in order to amplify the positive benefits of transit investments in the area. Another one of MARTA's highest ridership bus routes is along Campbellton Road in Southwest Atlanta. MARTA, in partnership with the City of Atlanta, is investing in high-capacity transit to improve connectivity, accessibility, and mobility along this important corridor. The transit and transit-oriented development investments planned for this vibrant part of the city will support the overall economic and community development sought by the established neighborhoods along the route. MARTA is hopeful these investments will spur the redevelopment of Greenbriar Mall and former U.S. Army facility, Fort McPherson, which in years past were significant economic drivers for this community. One of the exciting parts of bus rapid transit is the planned use of electric buses to travel through dense urban corridors--leaving no emissions or noise in their wake. In 2019, MARTA was awarded a $2.6 million FTA Low/No Emission Bus Grant to support the purchase of our first six electric buses and charging infrastructure. These buses replace six 2005 diesel buses and will be put into service on routes serving Atlanta and DeKalb County on May first. For comparison--the six diesel buses combined operate for almost 333,000 miles and consume 94,900 gallons of diesel fuel each year. These new zero-emission buses will reduce MARTA's fleet emissions by approximately 935 short tons of greenhouse gases, while also reducing harmful fine particle matter that is linked to a variety of health issues. The increase in funding for the Low/No Emission Bus Grant program will help MARTA accelerate the transition of our fleet. We are also working with the City of Atlanta on the transformation of our largest and busiest train station--Five Points--which sits in the heart of the city. MARTA will be seeking a RAISE grant and new discretionary grants to support the $150 million redevelopment of the station that is the intersection of MARTA's four rail lines and transfer hub for dozens of inter-city bus routes that serve major Government and educational facilities, job centers, and Atlanta's vibrant arts and cultural scene. MARTA is investing in the bus facilities at Five Points station to improve the customer experience by minimizing transfer time, covering waiting areas, providing better seating, signage and arrival and departure information screens. MARTA and the City of Atlanta will remove the canopy above the station to allow for the development of two mixed income affordable housing towers. There is a high demand for affordable housing units in Atlanta and particularly at those locations connected to transit, providing an ideal opportunity for MARTA and the City. Federal investment in this vital hub of the MARTA transit system has wide-reaching economic development benefits including the Summerhill BRT project for which MARTA received a U.S. Department of Transportation TIGER Grant in 2018. This BRT connects the Atlanta BeltLine, Peoplestown, Summerhill, Capitol Gateway and South Downtown and is nearing design completion with buses on the street in 2025. The Five Points transformation will enhance the area adjacent to the State of Georgia's Two Peachtree Building and Georgia State University's downtown campus while also helping to boost the convention and hospitality industries, left reeling from the pandemic. While the goal is to have the project complete in time for Atlanta to host the World Cup in 2026, the effects of the transformation will stretch well beyond that, accelerating billions in private development planned in South Downtown Atlanta. Five Points station is a landmark for Atlantans and its opening over 40 years ago placed Atlanta in the company of other world-class cities with vital transit systems. This redesign seeks to recapture that glory and reimagine the ways in which a transit hub can enhance a city center. In closing, I want to thank you for the opportunity to present to the Committee today. I'm very proud of the progress that we've made in the Atlanta region, including in very challenging circumstances while we continued to provide service during the ongoing pandemic. I'm grateful for the leadership of the Georgia congressional delegation and their role in the passage of the Bi-Partisan Infrastructure Law. Senators Ossoff and Warnock have provided steadfast support of MARTA and the communities we serve. Our leadership team here at MARTA is confident that the passage of this law will contribute to sustained growth of MARTA, as we expand in cost-effective and practicable ways with the support of the Federal Transit Administration. Thank you for your attention. ______ PREPARED STATEMENT OF GREG REGAN President, Transportation Trades Department, AFL-CIO March 15, 2022 On behalf of the Transportation Trades Department, AFL-CIO (TTD), and our 36 affiliated unions, I want to first thank Chairman Brown and Ranking Member Toomey for inviting me to testify before the Senate Banking Committee this morning about advancing public transportation under the Bipartisan Infrastructure Law. TTD and our 36 affiliated unions have long called for the historic investments that were finally delivered in the Bipartisan Infrastructure Law (BIL). We especially want to applaud the leadership of President Biden and the members of the Senate who put partisanship aside and showed Americans that we can still work together. These investments can rebuild America's shrinking middle class with good-paying union jobs in public transportation, construction, rail, aviation, maritime, manufacturing, and beyond. These investments are a promise not just to the workers we represent but also to the American people that they can feel proud of our national infrastructure--the transit systems that provide accessible and reliable service, the highways that are free from potholes, the bridges that are no longer corroding before their very eyes. These investments will also bring relief to the pocketbooks of the American people as our overstressed, inefficient transportation supply chain finally meets the growing demand of consumers. In addition to these direct and long-overdue investments in America's infrastructure, the BIL also included key transportation labor policies that have been long sought by TTD and our affiliated unions. Thanks to members of this committee, we were able to ensure that major new investments in zero emission transit were paired with workforce training policies to ensure both the incumbent and future workforce have the necessary skills to maintain complex electrical equipment. The BIL also took concrete steps to stem the scourge of unacceptable violence faced by transit workers every single day in this country by ensuring workers have a real voice in their own workplace safety. On behalf of all transportation workers in this country, I thank you for advancing investments and policies that will make a real, tangible, and immediate difference in their lives. COVID-19's Impact on Public Transportation Ridership We understand that there is still real uncertainty about the future of public transportation ridership in this country. Flexible telework policies remain in place for many businesses, and many have vowed to make flexible or full-time work from home policies permanent. Only time will fully reveal the long-term impact of this for commuters, commercial real estate, and housing. But one thing hasn't changed: the people who most depend upon public transportation. For them, it remains a critical lifeline to jobs, healthcare, groceries, and many other day-to-day needs just as much as it did before the pandemic came to America's shores. Throughout the pandemic, bus and rail transit operators, station agents, car cleaners, mechanics, and other frontline workers have bravely put their own health and safety on the line to ensure this critical lifeline still serves the public. Beyond direct investments in good jobs and affordable transportation options for millions of Americans--a benefit that will only become more important in the weeks ahead as record gas prices, generated to drive record profits for the oil companies gouging Americans at the pump, place financial strain on already struggling families--we should not overlook two other important benefits of public transportation. First, as the pandemic has laid bare, our supply chain is easily disrupted by even small inefficiencies across our ports, roads, air, and rail networks. A choke point anywhere along that system means goods don't get delivered to your constituents on time, driving up prices and creating avoidable uncertainty for American consumers. It would be a serious mistake to take millions of Americans out of mass transportation and put them into single occupancy vehicles on our already overstressed roads and highways. Commuters and freight carriers already spend hundreds of hours each year stuck in traffic, and the last thing either needs is more out of pocket costs at the pump or the market because we took a short-sighted view on supporting investments in mass transportation. Second, like all investments in our transportation infrastructure and services, we know that Federal investments have a direct multiplier impact on the economy. Beyond the direct labor income created within the industry, the Federal, State, and local investments in mass transit ensure that businesses have access to labor and ensure that customers come through their doors. In other words, this is not a public expense. It is a true, demonstrable public investment. I say all of this to make one point. While we still can't fully know the near- or long-term impacts of the pandemic on ridership and service, it would be a grave mistake to undermine the workers in this industry, the essential service they provide to commuters in urban and rural communities alike, and the pocketbooks of every single American by turning our back on the benefits delivered by public transit. There's only solution to drive the prepandemic growth we saw in this industry: more service, better service, and the kind of real long-term vision delivered by President Biden, members of this committee, and the BIL. Transit Worker Safety Two years ago, TTD's past president, Larry Willis, testified about the horrific safety conditions faced by frontline public transit employees on the job every single day--a problem that was only exacerbated by COVID-19. Thanks to the hard work of this ommittee, TTD and our affiliates, and the unwavering support of President Biden, we will finally turn the tide and ensure safety for our workers. By way of background, in 2015, transportation labor unions successfully fought for the inclusion of assault prevention language in the Fixing America's Surface Transportation (FAST) Act. This language required the Federal Transit Administration (FTA) to publish a Notice of Proposed Rulemaking (NPRM) that established safety standards, practices, or protocols for protecting transit operators from the risk of assault. Under President Donald Trump's leadership in 2019, more than four years after the passage of the law, the FTA issued a toothless suggestion that transit agencies merely examine the problem if they felt so inclined. Specifically, the notice required local transit agencies to study the problem but stopped short of requiring any meaningful action. Our unions condemned this failure of leadership at the time and Congress joined us in calling out the FTA for ignoring its obligations to the transit workforce. In the absence of clear Federal leadership under the watch of President Trump, transportation labor once again fought for a legislative remedy that would put a stop to worker assaults and secured specific worker safety requirements in the recently-passed BIL. The safety requirements passed in that law were based on the Transit Worker and Pedestrian Protection Act, which was led by Senator Chris Van Hollen, endorsed by President-elect Biden, and enjoyed strong, bipartisan support in Congress. Thanks to the actions taken by this committee, the FTA is now statutorily required to collect accurate data on transit workforce assaults, to reform its Public Transportation Agency Safety Plan (PTASP) process to include worker voices and incorporate measures to reduce the risk of assault in every transit system, and to update its national safety plan to address the risk of assault and public health concerns. But that does not mean we are in the clear. It has now been almost 4 months since the passage of the BIL and transit workers--who, like any of us, simply want to go to work each day and not worry about whether they may be attacked or killed on the job--have continued to face the threat of violence in the workplace. Consider some of the following examples:On December 4, a CTA bus driver was inspecting his bus after hearing a loud noise when he was pushed and repeatedly punched by an unknown male and female. The operator was hospitalized. Three days earlier, a CTA train operator was hospitalized after two teenagers beat him and then ran away. [Chicago Tribune, 12/12/21] On December 8, a Detroit Department of Transportation driver was stabbed by a passenger who was told to get off the bus. [The Detroit News, 12/13/21] On January 3, a Muni bus driver in San Francisco was dragged out of the bus by a passenger and was left bleeding from his nose and mouth from the assault. [Mission Local, 01/ 28/22] On February 7, a TriMet bus driver in Portland was maced by a passenger while driving the bus. This was the third time he's been attacked on the job. [KOIN Channel 6, 02/07/22] On February 10, an MTA bus driver was attacked when an assailant quickly exited the bus, picked up a tree branch from the ground, and beat her with it before fleeing the scene. [NY Post, 02/10/22] It is deeply painful to watch transit workers continue to face the threat of assaults and other unsafe conditions that place them in harm's way in their workplace while we wait for these new safety requirements to be implemented. However, I have been briefed by Administrator Fernandez and her team at the FTA, and am confident that they are working as quickly as possible to ensure no transit worker has to ever again wake up wondering if today is the day they may wind up in the hospital because their employers didn't protect them. New Technologies and Meeting the Needs of the Workforce Transportation labor has long held that new technologies and good jobs are not mutually exclusive. We were excited to see this is a value also held by Secretary Buttigieg, as demonstrated by the publication of the U.S. Department of Transportation's (DOT) Innovation Principles. Specifically, the DOT makes clear that, ``The Department will empower workers and expand access to skills, training, and the choice of a union. They will have a seat at the table in shaping innovation.'' The BIL clearly illustrates--through the Low or No Emission Vehicle Program--that innovative new technologies and the creation and maintenance of good union jobs can go hand in hand when good policy ties them together. As detailed in our policy statement on the topic, the adoption of zero emission buses posed a serious threat to good union jobs in this sector. In part, this is due to years of underinvestment in workforce training. Combined with unfocused and sometimes non-existent policies on workforce support and training, this transition places tremendous strain on the incumbent workforce who may soon be asked to maintain complex electric infrastructure and vehicles. Moreover, electric engines require fewer mechanics to maintain than their diesel and natural gas counterparts, which currently make up more than 99 percent of the domestic U.S. bus fleet. Policies that encourage or require a rapid transition to an all-electric fleet without an accompanying increase in transit service paired with strong labor protections would risk putting tens of thousands of workers on the unemployment rolls. Rather than sideline these concerns, Senator Sherrod Brown fought to ensure that massive new investments in the Low or No Emission Vehicle program were tied to truly historic investments in the incumbent and future workforce. Specifically, the BIL requires transit agencies to examine the impact of the transition to zero-emission vehicles as a part of their fleet transition plan and requires 5 percent of grants for zero-emission vehicles to address the impact of the transition to zero-emission vehicles on the applicant's current workforce unless the applicant can certify that a smaller percentage is needed to carry out their plan. Critically, transit agencies are encouraged to train the next generation of workers through apprenticeship and other labor-management training programs. These training models have a proven record of positive outcomes for worker training and retention, and their further adoption in this industry is a welcome step forward from transportation labor. The first Notice of Funding Opportunity (NOFO) for the revised Low or No Emission Vehicle Program was issued last week, on March 8, 2022. Thanks to Senator Brown's clear vision for workers and FTA Administrator Fernandez' commitment to workforce training, the NOFO included strong pro-worker language as a condition of receiving grants to ensure that the training needs of the public transit maintenance workforce will keep pace with these new technologies. We again thank both of them on this important step forward for workers. TTD has already held conversations with our partners at the American Public Transportation Association (APTA) and the International Transportation Learning Center (ITLC) to ensure that labor and management are working closely on the development of training materials, best practices, and other tools to help drive the adoption of zero emission buses forward in a way that efficiently embraces technology and ensures good union jobs. We encourage lawmakers to view the revised Low or No Emission Vehicle Program as a path forward for other technologies. Whether it's electric vehicles or automation, our workers are ready and willing to adapt, gain new skills, and integrate these technologies into their workplaces when they are given the tools they need and the protections they deserve to take on that work. On behalf of transportation workers across the country, I again want to thank the members of this committee for their commitment to the shared goals of public transportation, President Biden and Secretary Buttigieg for their clearly detailed vision for working people, and Chairman Brown and Ranking Member Toomey for inviting me to speak before you today. ______ PREPARED STATEMENT OF DOROTHY MOSES SCHULZ Adjunct Fellow, The Manhattan Institute March 15, 2022 Chairman Brown, Ranking Member Toomey, and Members of the Committee on Banking, Housing, and Urban Affairs, thank you for the opportunity to testify. My testimony will focus on transit crime, the decriminalization of fare evasion, broken windows theory, and the public safety effects of fare-free transit. --------------------------------------------------------------------------- Although I have list-I and a number of other affiliations, the views expressed are my own and do not represent of the organizations I have named. The Manhattan Institute does not take institutional positions on legislation, rules, or regulations. --------------------------------------------------------------------------- My name is Dorothy Moses Schulz. I am a retired Metro-North Railroad police captain; one of my assignments was commanding officer at New York City's landmark Grand Central Terminal. I am also a professor emerita of law and police science at John Jay College of Criminal Justice (CUNY). I have been a security consultant for U.S. transit agencies and have conducted safety and security audits on behalf of the Federal Transit Administration (FTA). I am currently an adjunct fellow at the Manhattan Institute. Transit security is complicated. While transit agencies receive Federal dollars, their budgets and priorities are set by the cities, counties, or regional boards, or a combination of these, that direct their activities. Because of these bi- or trifurcated arrangements, policies on security depend on direction from the boards, which are generally comprised of political and civic leaders, rather than transit or law enforcement professionals. That includes decisions about replacing transit police with social service workers, how or whether to eject unhoused individuals and drug users and sellers from their facilities, and how or even whether to enforce against fare evasion. Just as there is no one way to fund transit, there is no one way to police it. Most large systems, including New York's commuter rail lines, New Jersey Transit (NJT), Boston's MBTA, Philadelphia's SEPTA, San Francisco's BART, Washington, DC's, WMATA, Dallas's DART, Houston's METRO, and Atlanta's MARTA, have their own police forces. But others, including York City's subway lines, San Francisco MUNI, and Los Angeles Metro, rely for security on a combination of in-house officers, private security, and local police or sheriffs' departments. This is especially true for the light rail systems that have been developed in the last few decades. Transit policing has been affected by ``defund the police'' demands. Nearly 1,000 NYPD officers assigned to help remove homeless riders were taken from transit and the NYPD's 85-member homeless- outreach unit was disbanded.\1\ Luckily, New York City's new Mayor Eric Adams, a retired police captain whose career began in the NYPD's transit bureau, has announced a Subway Safety Plan\2\ that reverses many of these changes. Other cities, including Denver, Los Angeles, Minneapolis, Seattle, and Portland, Ore.,\3\ also cut back on policing transit, often in favor of homeless outreach and mental health workers, and by civilian ambassadors who, rather than issue fare evasion summons, explain to fare-beaters how to pay their fares. Many politicians cheered the changes. In New York and elsewhere, progressive prosecutors have declined to prosecute trespassers, fare evaders, and those arrested or issued summonses for public order offenses, including drinking, urinating, or injecting drugs in public space. Recently transit systems have reported riders smoking fentanyl in restrooms and on buses and trains, raising security and health concerns for other riders and particularly for employees.\4\ It is not coincidental that these cities face surging numbers of homeless individuals and drug users and sellers who congregate in stations and on trains and buses. Problems have been exacerbated by COVID-19-related shutdowns, as some systems report ridership losses of 70 percent or more and a sluggish return of commuters. Among them were New York's bus, subway and commuter rail lines; Boston's MBTA; Chicago's CTA and Metra commuter line; Washington, DC, WMATA; and in California, the San Diego Trolley, Los Angeles Metro, and San Francisco Muni.\5\ As a result, stations have become de facto homeless shelters and drug injection sites. A study of homelessness in transit agencies found that almost 90 percent of the 115 of the primarily U.S., but also Canadian, agencies responding reported complaints about homeless riders from other riders, especially concerning hygiene and aggressive behavior. The majority believe these riders have a negative effect on ridership, that has increased during the pandemic.\6\ It is unclear, though, whether there is an actual increase in homeless riders or whether their presence has become more noticeable in the absence of other riders. Neither destinationless riders nor people using transit facilities for nontravel purposes are new, but passively allowing them to remain is. Throughout their history, railroads hired officers to prevent harassment of and thefts from patrons, to deter human traffickers hunting for vulnerable strangers, and to protect employees and company property.\7\ These capable guardians today are part of the theory of ``broken windows,''\8\ which stresses the importance of curtailing little offenses before they become big offenses, whether on the street, in a mall, an ATM vestibule, or a transit facility. Broken windows policing has been incorrectly described as the opposite of community policing; one as tough, the other as soft. This is a false dichotomy. Assuring a community' viability isn't tough or soft; it is maintaining order to keep people safe and secure. Today, the decline in order maintenance threatens patrons and employees.\9\ Yet a recent Transit Cooperative Research Program (TCRP) report on analysis, causes, and responses to ridership declines that includes the chapter ``Possible Causes of Ridership Decline Identified in the Literature'' contains the word ``security'' only in a chart. Nowhere are crime, fear, homelessness, or drug use/sales mentioned as affecting patrons' willingness to return to transit.\10\ Another TCRP study on fare enforcement provides a different picture.\11\ It documents agencies' use of criminal, civil, or administrative penalties to address nonpayment while complying with the concerns of the many departments in a transit agency that have a say in fare policies. I served on the topic panel, and I recommend it to you to learn what agencies in your State are doing. Rather than duplicate the report, I have chosen to highlight two cities as representative of many transit systems. If you talk to agencies in your States, you are likely to hear variations of these examples. Denver Prior to COVID-19, Denver's Regional Transportation District (RTD) had successfully transformed Union Station from a deserted landmark into a hub of tourist and commuter activity. But beginning in 2020, the RTD diverted funds from security to hire mental health workers, and due to COVID-restrictions, tourists and commuters disappeared. Today the station is reeling from what Denver's Mayor Michael Hancock euphemistically called ``unwelcome activities.'' Denver police have made many more arrests than in past years, including more than 500 in less than three months this year, including almost 50 in a single day.\12\ Denver's police chief described the arrestees as homeless, addicted to substances, and facing mental health challenges. A change in penalties for drug possession, he said, contributed to ``defelonization, decriminalization [that] makes it very difficult to hold people accountable.'' RTD, which has received about $300 million in American Rescue Plan Act (ARPA) funds, decided even before the arrest blitz to close station restrooms and is now consider requiring tickets for access to the station to minimize illegal activity.\13\ But it is facing push-back. The director of the Harm Reduction Action Center criticized the police and the RTD, although conceding that Union Station had become a popular injection site primarily after the library, previously the largest injection site, locked its bathrooms to curtail drug activity.\14\ The Center, according to its website, promotes public health by ensuring those who inject drugs are educated and equipped with tools to reduce the spread of communicable disease and to eliminate the proliferation of fatal overdoses. It provides its program participants access to syringe between 9 a.m. and noon.\15\ While there is increasing advocacy around the country for safe injection sites, I believe that most people would agree this is not an appropriate role for either a library or a public transit facility. Seattle Sound Transit, which operates in Seattle and Tacoma, is, like Denver and many light rail systems, barrier free. This means there are no turnstiles limiting entry or exiting. Patrons may be asked while on board to show tickets or farecards indicating they have paid for their ride. Sound Transit in Seattle suffers from the city's crime wave and from budget cuts to the Police Department that have resulted in about 300 vacancies in the 1,000-member department. Transit bus and rail riders have asked for additional police since at least 2019. Recently there have been persistent complaints of drug use on buses and trains, including assaults on drivers by passengers high on drugs.\16\ Seattle police this month arrested a suspect for pushing a 62-year- old woman down a flight of stairs at the Chinatown-International District station. The alleged offender is also suspected of stabbing another person at a downtown bus stop.\17\ Sound Transit is facing insolvency despite receiving about $166 million in ARPA funds. Yet its CEO Peter Rogoff, who was FTA administrator, Undersecretary of Transportation under President Obama, and before that, Senate Appropriations Committee staff, including Democratic Staff Director of the Transportation Subcommittee, when it was led by Sens. Murray and Lautenberg, reported in January, just before retiring, that Sound Transit's losses have created a ``financially unsustainable'' trajectory, based in part on COVID-19 rider losses but also on an increase in non-paying passengers. ``When you've got a situation with a 98 percent chance of being out on the system and not being contacted by anybody . . . , that just lends itself to further noncompliance. We need to get back to a place where our passengers are honoring the honor system that we're using,'' he said, estimating that as many as 40 to 70 percent of riders were ``nonfare'' passengers.\18\ Only once (in 2017) has Sound Transit met its goal of farebox receipts covering 40 percent of costs. Yet Sound Transit replaced fare enforcement officers with ambassadors who provide educational materials to fare evaders rather than issue citations. This occurred following a study that found black riders received a higher percentage of citations than their percentage of riders despite what appeared to be a neutral system of having all passengers tap farecards into a reader to indicate payment.\19\ Legal Challenges to Fare Enforcement Many systems have cut back on fare enforcement based on similar equity studies, which claim that young, minority males are disproportionately cited for nonpayment. Studies in Brooklyn, NY; Minneapolis/St. Paul, Los Angeles, and Cleveland, showed similar disparities.\20\ In 2018, the Washington Lawyer's Committee for Civil Rights and Urban Affairs found that 91 percent of all citations or summonses for fare evasion issued by WMATA's Transit Police were to black riders, and that almost half the summons were to black young adults under the age of 25.\21\ None of the studies speculate whether the different levels of citations indicate different levels of fare compliance. But questions about fare enforcement may become moot. The Washington State Supreme Court is expected to decide by the end of the year whether fare enforcement by police officers constitutes a search under the Fourth Amendment. The issue in State v. Meredith,\22\ is whether by boarding a bus and accepting transportation, the rider consented to a warrantless search following a fare enforcement's officer's request for proof of payment. The rider provided a false name, but based on an onsite fingerprint check, the officer determined the rider's real name and placed him under arrest based on two existing warrants. The case turns on whether the officer's request for proof of payment qualifies as a warrantless seizure. A similar case, State of Maryland v. Kennard Carter, decided on Jan. 29, 2021, successfully challenged fare enforcement in the Baltimore's barrier-free light-rail system.\23\ Deciding against the Maryland Transit Administration (MTA), whose police officers participated in routine sweeps to check for tickets, the court found that sweeps were a warrantless seizure that passengers were unable to reject, making any further actions by the police unlawful. If the Washington case is decided in the plaintiffs' favor, together with the Maryland case, transit systems are likely to further curtail fare enforcement, effectively making transit free even if fares are not officially eliminated. Fare-Free Transit Just as some may cheer a lessening of fare enforcement, there are also many advocates for fare-free transit. The most vocal, and thus far the most successful in a large city, has been new Boston Mayor Michelle Wu, who on March 1 made three local bus lines free. The two-year pilot program is funded by $8 million of the $558 million ARPA funds that Boston received. The funding is in addition to the $500,000 in Covid-relief funds that underwrote fare- free transit on one Boston line from August 2021 until the end of the year. Smaller Massachusetts systems have also used ARPA funds to eliminate bus fares.\24\ Wu hasn't indicated a source of funding if the pilot project goes beyond two years but has implied that pandemic funding could continue to be available to fund free transit.\25\ A big part of her mayoral campaign was urging the Massachusetts Bay Transportation Authority (MBTA-or the T) to ``make the T free.'' Because the MBTA is a regional authority; no one mayor can make such a decision, but Wu is supported in her larger effort regionwide by Sen. Edward Markey (D), Rep. Ayanna Pressley (D) and by the Boston Globe. Pressley's Freedom to Move Act offers $5 billion in grants to entice transit systems to go fare-free. To qualify, transit agencies would have to improve safety and quality, particularly in low-income and historically underserved communities. Those backing Pressley's bill (and Markey's companion bill) view fare-free transit as part of a larger social-justice agenda, believing that minority males are targeted for enforcement disproportionately and that transit, like schools and libraries, should be free. Many climate advocates also believe it help to reduce pollution through reduced traffic congestion. Ridership on buses also tends toward women and minorities. For now, the focus is on buses, because they are likely to be controlled by a single city rather than by a regional board. While a few cities eliminated fares during the COVID crisis and a few are offering free or reduced fares as experiments or to lure back riders, free transit has existed primarily in resort or university towns, where riders were mostly tourists or students.\26\ Despite transit systems facing problems of crime and disorder, discussions on eliminating fares have not considered whether fare enforcement serves a positive function of providing capable guardians who in addition to checking for fares, also serve as representatives of the transit system. The existing studies on fare enforcement ignore that fare enforcement provides an opportunity to provide patrons with a visible security presence and a sense that someone is in charge of the system. While this security presence may be threatening to some, it is likely to reassure other patrons and enhance their expectations of a safe and secure ride. Surveys of riders almost universally indicate that their highest priorities are safety, travel time, and service frequency and reliability. Responses favor additional security, particularly among women riders, who, based on income and employment opportunities are often late-night and weekend riders. Women's sense of vulnerability is not misplaced. Anyone following the news in any city can see that women have more often been victims of crimes in transit systems than male patrons. A recent study in Los Angeles, a system whose former CEO called free transit a ``moral obligation,''\27\ confirmed studies that women are more likely than men to be concerned about safety on public transit.\28\ The report, ``Changing Lanes'', noted that Latina, Black, or Asian women were more likely than White women to feel unsafe. It also reinforced earlier findings that income plays a large role in transit dependency, specifically that higher-income women can leverage travel resources. They are less dependent on public transit than lower-income women. While minority groups and riders of limited financial means might see short-term benefits from reduced fare enforcement or from fare free travel, they will be sacrificing protection from the criminals, drug users, and mentally ill persons who are increasingly frequenting transit locations. Conclusion I have said little so far about the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law, because it addresses neither transit security nor crime on transit property or equipment. A review of the FTA's IIJA posting\29\ makes this clear. The words ``security'' or ``crime'' do not appear in any of the 21 factsheets explaining the law. Only assaults on transit workers are mentioned, explaining that these must now be reported to the National Transit Database (NTD), to which agencies have been required since 1974 to report safety-related incidents. But safety and security, although often used interchangeably, are differentiated in most industries, including public transportation. Safety--refers to harm from unintentional acts; not fastening bolts properly, or incorrectly installing electrical circuits. Because these acts occur without malice, we call them accidents. Security--refers to harm from intentional acts, throwing someone down a flight of stairs or taking their property, we call these crimes. In 2005, the FTA, through a Memo of Understanding (the Annex), transferred its Federal security efforts to the Department of Homeland Security (DHS), assigned primarily to its Transportation Security Administration (TSA). While TSA provides some oversight; State safety oversight agency (SSOA) managers and transit agency police/security personnel at FTA meetings I attended voiced their concerns that TSA's focus on infrastructure hardening to prevent terrorist activities does not address the daily crimes and disruptions to public order discussed here. FTA grantees, under 49 U.S. Code 5307 (urbanized area formula grants), with some exceptions, must spend 1 percent of their funds on security annually, which many include lighting, surveillance cameras, or emergency phone lines.\30\ But the FTA never directly oversaw transit agencies' security operations. FTA reviewed these indirectly through its three-year audits of SSOAs, primarily assuring that the States were reviewing agencies' security policies and documentation during the States' reviews of agencies within the States. The FTA's Office of Safety and Oversight no longer includes security in either its 3-year safety or its expenditure reviews. Some SSOAs continue to include security in their State reviews of agencies under their jurisdiction. As to fare-free transit . . . . It is unclear whether the Infrastructure Law could provide funds for fare-free transit. A Jan. 7, 2022, FTA webinar31 outlines not only safety, but also equity priorities. These include expanding access and opportunity to underserved, overburdened, and disadvantaged communities; incorporating equity into planning and funding decisions; increasing social and economic opportunity by investing in equitable transit projects, and, lastly, assuring that no less than 40 percent of the benefits of FTA investments reach underserved, overburdened, and disadvantaged communities. Although I am a transit security professional and not a transit planner, while the equity strategies do not mention fare-free travel, I suspect that a planner could easily make fare-free pilot programs fit these priorities. Recommendations I would like to leave you with the thought that despite the vast investment of Federal dollars, transit in the United States is provided locally or regionally and responds to demands at the local level. Transit systems have an obligation to their riders--and to their employees--to provide a safe and secure environment. But if managers believe that those covering their non-federally funded costs are more concerned with providing shelter to the unhoused, injection sites for drug users, and fare-free transit than they are in fixing the broken windows, patrons who can afford to will find other ways to travel and existing staffing vacancies won't get filled. Thank you for the opportunity to testify on transit policing and transit security. I am happy to answer any questions. Notes 1. Dorothy Moses Schulz, ``Going Off the Rails'', City Journal, Jan. 15, 2021. https://www.city-journal.org/crime-plagued-public- transit-hurts-city-economies 2. Subway Safety Plan. https://www1.nyc.gov/assets/home/downloads/pdf/ press-releases/2022/the-subway-safety-plan.pdf 3. Dorothy Moses Schulz, ``Will Defunding Police Hamper Post-COVID Recovery of Transit Systems?'' The Crime Report, Aug. 7, 2020. https://thecrimereport.org/2020/08/07/will-defunding-police-hamper- post-covid-recovery-of-transit-systems/ 4. See for instance (for Denver): Janet Oravetz and Jennifer Meckles, ``41 Arrests Made at Union Station as Part of Enforcement Operation'', 9News, Feb. 24, 2022. https://www.9news.com/article/ news/crime/denver-union-station-arrests/73-401142b4-0abf-4daf-8543- 0e9c6a6725da#:text=DENVER--Denver Poli.at; (for Seattle): Mike Lindblom, ``Drugs on Buses Have Become an Everyday Hazard, Seattle- Area Transit Workers Say'', The Seattle Times, Feb. 14, 2022. https://www.seattletimes.com/seattle-news/transportation/drugs-on- buses-have-become-an-everyday-hazard-seattle-area-transit-workers- say/; Eric Lendrum, ``Authorities Say Seattle's Public Transit Unusable Due to Drugs and Crime'', American Greatness, Feb. 15, 2022. https://amgreatness.com/2022/02/15/authorities-say-seattles- public-transit-is-unusable-due-to-drugs-and-crime/; Gary Horcher, ``Public Transit, The New Drug Den: What's Being Done to Keep You Safe?'' KIRO7 News, Feb. 22, 2022. https://www.kiro7.com/news/ local/public-transit-new-drug-den-whats-being-done-keep-you-safe/ X6GLQLCLXZGOXOH655KPJ23RJM/; (for Minneapolis): Eric Rasmussen, ``Reports of Drug Use, Intoxication and Overdoses Real Depth of Public Health Crisis on Light Rail'', ABC5 KSTP.com. June 8, 2021, updated Jan. 10, 2022. https://kstp.com/kstp-news/top-news/reports- of-drug-use-intoxication-and-overdoses-reveal-depth-of-public- health-crisis-on-light-rail/. A recent post on a transit police blog from a manager who asked not to be identified asked what systems were doing about employee absenteeism based on second-hand smoke from fentanyl and what steps systems were taking to air out smoke-filled train cars. One of the responses came from a firm selling solutions for smoke and vapor complaints and for handling discarded hypodermic needles on seats and floors. 5. Dorothy Moses Schulz, ``Will COVID-19 Derail Public Transit?'' National Review, May 29, 2020. https://www.nationalreview.com/2020/ 05/coronavirus-mass-transit-long-term-effect-business-model- unclear/#slide-1 6. Anastasia Loukaitou-Sideris, ``Homelessness in Transit Environments Volume I: Findings From a Survey of Public Transit Operators''. Los Angeles: UCLA Institute of Transportation Studies, December 2020. https://escholarship.org/uc/item/55d481p8 7. Dorothy Moses Schulz, ``Holdups, Hobos, and the Homeless: A Brief History of Railroad Police in North America'', Police Studies 10, (Summer) 1987, pp. 90-95. Reprinted, British Transport Police Journal, Summer 1988. 8. George L. Kelling and James Q. Wilson, ``Broken Windows: The Police and Neighborhood Safety'', The Atlantic, March 1982, https:// www.theatlantic.com/magazine/archive/1982/03/broken-windows/304465/ . For a transit-specific crime prevention strategies other than broken windows, see Dorothy Moses Schulz, ``Strategies for Combining Community Crime Prevention With Crime Prevention Through Environmental Design: The Transit Experience'', Security Journal 7, (1996), 253-257. 9. Dorothy Moses Schulz and Gareth Bryon, ``Is It Time To Bring Back `Broken Windows' Policing?'' The Crime Report, July 21, 2021. https://thecrimereport.org/2021/07/21/is-it-time-to-bring-back- broken-windows-policing/ 10. ``Recent Decline in Public Transportation Ridership: Analysis, Causes, and Responses''. TCRP Research Report 231. Washington, DC: The National Academies Press, 2022. https://doi.org/10.17226/2632 11. ``Measuring and Managing Fare Evasion''. Pre-publication draft of TCRP Research Report 234. Washington, DC: The National Academies Press, 2022. https://doi.org/10.17226/26514 12. Kyle Harris, ``Police Have Arrested More Than 500 People at Union Station So Far This Year'', Denverite, Feb. 24, 2022. https:// denverite.com/2022/02/24/police-have-arrested-more-than-500-people- at-union-station-so-far-this-year/ 13. Darius Johnson, ``Increasing Crime at Union Station Calls for New Courses of Action'', 9News, Dec. 7, 2021. https://www.9news.com/ article/news/local/increasing-crime-at-union-station/73-8a2dfda3- dc5f-4d69-b99a-e1d36b3dee37 14. Michael Roberts, ``Union Station Police Raids Are a Doomed Return to a Faded Policy'', Crime Says, Westwood, March 3, 3022. https:// www.westword.com/news/denver-union-station-police-sweeps-ripped-by- critic-13565941 15. Harm Reduction Action Center, https:// www.harmreductionactioncenter.org. Accessed March 7, 2022. 16. Mike Lindblom, ``Drugs on Buses Have Become an Everyday Hazard, Seattle-Area Transit Workers Say'', The Seattle Times, Feb. 14, 2022. https://www.seattletimes.com/seattle-news/transportation/ drugs-on-buses-have-become-an-everyday-hazard-seattle-area-transit- workers-say/ 17. Sara Jean Green, ``Seattle Police Flood Downtown After 2nd Homicide in 4 Days'', The Seattle Times, March 3, 2022. https:// www.seattletimes.com/seattle-news/law-justice/seattle-police-flood- downtown-following-2nd-homicide-in-4-days/ 18. David Kroman, ``With Fares Depressed, Sound Transit Grapples With `Financially Unsustainable' Trajectory'', The Seattle Times, Jan. 28, 2022. https://www.seattletimes.com/seattle-news/transportation/ with-fares-depressed-sound-transit-grapples-with-financially- unsustainable-trajectory/ 19. Heidi Groover, ``Black Passengers Cited, Punished Disproportionately by Sound Transit Fare Enforcement'', The Seattle Times, Oct. 4, 2019. https://www.seattletimes.com/seattle-news/ transportation/faced-with-racial-disparities-sound-transit-debates- changes-to-fare-enforcement/ 20. For a detailed discussion of the Brooklyn, NY, study and references to the other, see Harold Stolper and Jeff Jones, ``The Crime of Being Short $2.75''. New York: The Community Service Society, October. 2017. https://www.cssny.org/publications/entry/the-crime- of-being-short-2.75 21. Washington Lawyer's Committee for Civil Rights and Urban Affairs, ``UNFAIR: Disparities in Fare Enforcement by Metro Police'', September 2018. https://www.washlaw.org/unfair-disparities-in-fare- evasion-enforcement-by-metro-police/ 22. State of Washington v. Zachery Kyle Meredith, No. 81203-3-1, 492 P. 3d 198, State v. Meredith, No. 81203-3-I--Washington--Case Law-- VLEX 886949386 23. State of Maryland v. Kennard Carter, Maryland Court of Appeals, filed Jan. 29, 2021. State v. Carter, 012921 MDCA, 74-2019-- Maryland--Case Law--VLEX 856468856 24. Taylor Dolven, ``Boston City Council Approves $8 Million To Make 3 MBTA Bus Lines Fare-Free Starting Next Year'', The Boston Globe, Dec. 1, 2021. https://www.bostonglobe.com/2021/12/01/metro/boston- city-council-approves-8-million-make-three-mbta-bus-lines-fare- free-starting-next-year/?p1=Art 25. Emma Platoff, ``Federal COVID Funds Offer Boston Mayor Michelle Wu A Big Boost With Her Big Plans'', The Boston Globe, March 9. 2022. https://www.bostonglobe.com/2022/03/09/metro/federal-covid-funds- offer-michelle-wu-big-boost-with-her-big-plans/?et- rid=1011729407&s-campaig. 26. ``Implementation and Outcomes of Fare-Free Transit Systems''. Washington, DC: The National Academies Press, 2012. https:// doi.org/10.17226/22753 27. ``L.A. Metro To Study and Consider Eliminating Bus and Rail Fare'', Mass Transit, https://www.masstransitmag.com/management/press- release/21152206/los-angeles-county-metropolitan-transportation- authority-metro-la-metro-to-study-and-consider-eliminating-bus-and- rail-fares 28. ``Changing Lanes: A Gender Equity Transportation Study'', Final Report. Los Angeles: LA Department of Transportation, 2021. https:/ /ladot.lacity.org/changinglanes 29. Infrastructure Investment and Jobs Act. https:// www.transit.dot.gov/BIL 30. 49. U.S. Code 5307, Urbanized area formula grants, available at https://www.law.cornell.edu/uscode/text/49/5307. 31. Bipartisan Infrastructure Law Implementation Webinar Presentation, Jan. 7, 2022. https://www.transit.dot.gov/funding/grants/ bipartisan-infrastructure-law-implementation-webinar-presentation ______ PREPARED STATEMENT OF RANDAL O'TOOLE Director, Thoreau Institute March 15, 2022 Chairman Brown, Ranking Member Toomey, and Members of the Committee; thank you for inviting me to testify. My name is Randal O'Toole, and I am a policy analyst with nearly 50 years of experience studying transportation and land-use issues. Today I'll discuss recent transit trends, the Infrastructure Investment and Jobs Act, and the role of urban transit in a postpandemic world. Pandemics do not change things so much as they accelerate trends that were already taking place.\1\ One such trend is the decline of the importance of public transit in the day-to-day lives of most Americans, which has been going on for more than a century. The acceleration of this trend raises the question of why we continue to subsidize something that is irrelevant to the vast majority of Americans outside of New York City. In 1920, the average urban American rode transit nearly 300 times a year. In 1964, when Congress passed the Urban Mass Transportation Act, it had fallen to 62 trips per year.\2\ Over the next 55 years, Federal, State, and local governments tried to boost transit ridership with well over $1.5 trillion (after adjusting for inflation) in subsidies. This effort failed: by 2019 ridership was down to just 37 trips per urban resident.\3\ Less than 5 percent of working Americans rode transit to work, down from more than 12 percent in 1960.\4\ In recent years, transit declined not just in trips per urban resident but in total trips: between 2014 and 2019, transit systems in Miami, Cleveland, St. Louis, and several other urban areas lost 25 percent or more of their riders while transit ridership nationwide declined by 7 percent.\5\ The Infrastructure Investment and Jobs Act added another $39 billion to this record of subsidies, plus the better part of $1 billion for buying electric buses. But this is no more likely to reverse transit's fortunes than the previous $1.5 trillion did. Transit's long-term decline is due to increasing auto ownership, decentralization of jobs away from downtowns, and decentralization of residences into low-density suburbs and exurbs. More recently, the growth of telecommuting further reduced transit, as the number of people working at home exceeded the number taking transit to work for the first time in 2017.\6\ Commuters and other urban travelers have good reasons not to use transit, as it is inferior to its competitors in almost every way: it is slow, it doesn't go where most people need to go, and it is expensive. The American Public Transportation Association admits that transit vehicles average just 15 miles per hour, and that doesn't count the time required to get to a transit stop, wait for a vehicle to arrive, and then get from the transit stop to a destination.\7\ By comparison, automobiles, which can go door-to-door in most cases, average 30 to 40 miles per hour in most urban areas. Transit's slow speeds are compounded by the fact that it doesn't go where most people want to go. Most transit agencies run hub-and-spoke systems centered around downtowns. That made sense a hundred years ago when most urban jobs were in downtowns, but today only about 8 percent of urban jobs are in central city downtown areas.\8\ For many people, getting to a job or another destination by transit can be a 2-hour or more ordeal. The University of Minnesota Accessibility Observatory calculates that, in 2019, the average resident of one of the nation's 50 largest urban areas could reach nearly twice as many jobs in a 20-minute auto drive as a 60-minute transit trip. Transit is so slow that a reasonably fit bicycle rider could reach more jobs in trips of 50 minutes or less than transit riders taking the same amount of time.\9\ This makes transit third-class transportation. Finally, transit is extraordinarily expensive. In 2019, transit fares averaged 30 cents a passenger-mile.\10\ By comparison, Americans spent just 25 cents a passenger-mile driving their cars and light trucks.\11\ On top of this, subsidies to transit were more than 100 times greater, per passenger-mile, than subsidies to highways: while highway subsidies averaged about a penny per passenger-mile, transit subsidies averaged $1.08.\12\ Altogether, transit agencies spend more than five times as much money moving passenger miles as the cost of the average automobile. Despite these disadvantages, the transit industry has been very clever in coming up with reasons why taxpayers should continue to subsidize it. They claim that increasing subsidies to transit will relieve traffic congestion, reduce greenhouse gas emissions, promote economic development, and help low-income people out of poverty. None of these claims are true. Spending more money on transit can't relieve congestion if the spending doesn't result in more transit riders. In recent years, numerous urban areas including Charlotte, Minneapolis-St. Paul, Portland, St. Louis and others have spent heavily on new transit projects only to see overall transit ridership decline. Los Angeles is the worst-case example: for every new rider transit has gained from building new light-rail lines, the region has lost five bus riders, mainly because the high cost of rail transit has forced LA Metro to reduce bus service and increase fares.\13\ Even if spending money on transit increased ridership, it wouldn't necessarily reduce congestion if the transit systems end up blocking traffic. The environmental impact statement for Maryland's Purple Line, which is now under construction, calculated that the line would add millions of hours of delay to the region's commuters per year because the light-rail vehicles would occupy lanes once open to automobiles.\14\ Nor is transit environmentally friendly. Outside of New York City, San Francisco, and one or two other urban areas, transit uses far more energy and emits more greenhouse gases per passenger-mile than the average car. Diesel buses are particularly dirty, producing more greenhouse gases per passenger-mile than the average SUV.\15\ Transit agencies hope to fix this with battery-powered buses, but most electricity in this country comes from burning fossil fuels. The electricity powering the Washington Metrorail system, for example, generated 286 grams of carbon dioxide per passenger-mile in 2019, compared with 200 grams for the average car and 244 grams for the average light truck. Whenever I hear of a transit project that supposedly stimulated economic development, a little investigation reveals that this development received millions of dollars in other subsidies, usually through a mechanism called tax-increment financing (TIF). For example, a 2009 New York Times article claimed that ``new rail transit lines stimulate urban revival.''\16\ But all of the developments cited in the article actually received TIF subsidies.\17\ The city of Portland discovered in the 1990s found that TIF without transit would stimulate economic development but new transit projects without TIF failed to stimulate new development. So whenever it built a transit project, it accompanied it with TIF and then credited the new development to the transit project, never mentioning the millions or hundreds of millions of other subsidies it gave to that development.\18\ Far from helping low-income people, transit does low-income families more harm than good. In 2019, only 5 percent of people earning less than $25,000 a year took transit to work, compared with 7 percent of people earning more than $75,000 a year.\19\ At least 75 percent of taxes used to support transit are regressive.\20\ That means that the 95 percent of low-income people who don't ride transit were disproportionately paying to subsidize transit rides that were disproportionately taken by high-income workers. That makes transit one of the most socially unjust institutions we have. The pandemic has accelerated all these trends. The biggest acceleration is in the number of people working at home, as the pandemic taught both employers and employees that workers can be productive without coming into expensive downtown offices 5 days a week. Many employers are now planning for hybrid work schedules where people work at home at least 2 or 3 days a week. The best estimates are that, after the pandemic ends, about four times as many people will be working at home on any given day as before the pandemic.\21\ This will take an especially large telecommuting reduced the number of people driving alone to work by 16 percent, but it reduced the number commuting by transit by 41 percent.\22\ Transit will be especially hurt because many downtown offices will have people come in to work only a few days a week. People have a travel budget measured in time as well as dollars and on average seem to be willing to spend about five or six hours a week commuting. If they have to commute only twice a week, they will be willing to live much further from their workplace, which means transit won't work for them as well as it previously did. Due to all these factors--remote work, loss of downtown jobs, and decentralization of residences--transit will never come close to carrying as many riders as it did in 2019. Of all modes of travel, transit has been slowest to recover from the pandemic. Driving recovered to more than 100 percent of prepandemic levels as long ago as June 2021.\23\ In December 2021, domestic air travel was more than 87 percent and Amtrak more than 80 percent of prepandemic levels.\24\ Transit, however, was only 56 percent, and in January 2022 it dipped to 47 percent.\25\ I estimate that, in the long run, it will never recover more than about 75 percent of prepandemic ridership, or about 25 trips per urban resident, and even that may be optimistic. During the pandemic, transit agencies argued that they were carrying ``essential workers'' to work. If so, they weren't carrying very many of them and it would have been far less expensive to find other transportation for those people than to keep subsidizing transit. Census Bureau data indicate that only 3 percent American workers took transit to work on any given workday in 2020.\26\ Meanwhile, transit subsidies rose from $58 billion to $64 billion and will be even greater in 2021. With fewer riders, costs per passenger-mile rose to well above $2, eight times the cost of driving.\27\ The latest argument in favor of increasing transit subsidies is that it would somehow be socially just to eliminate transit fares. But it's no more socially just to increase subsidies with regressive taxes than it is to expect low-income people to live with third-class transportation while almost everyone else enjoys first-class transport. Currently, the main obstacle to auto ownership for many is the fact that banks charge up to 25 percent interest for used-car loans to people with poor or no credit ratings. If we are truly concerned about the plight of low-income people, giving them low-interest loans to buy a good used car will do more to help them out of poverty than free transit.\28\ Before the pandemic, New York City was the only American city where transit played a meaningful role in transportation. Even in cities such as Boston, Chicago, San Francisco, and Washington, transit was only really important for downtown workers. Elsewhere, transit's only relevance to the vast majority of Americans is as a tax burden. The real problem with transit is not a shortage of funds but that transit agencies have too much money and they spend that money on things that do little to help transportation uses, such as building multibillion-dollar light-rail lines and taking lanes away from automobiles on congested roads. More than a half century of growing transit subsidies should have taught us that people are not going to give up the convenience and economy of private automobiles to ride slow, inefficient mass transit where they are likely to become victims of crime and infectious diseases. At the same time, reducing subsidies would make transit agencies more dependent on fares and therefore more responsive to the needs of people who continue to ride transit. It is time to stop throwing money at an obsolete form of transportation. Ending subsidies to transit will still allow some transit to exist, but it will be more efficient, serve mainly those people who truly need it, and rely mainly on buses that share lanes with other vehicles. If transit must be subsidized, make the subsidies proportional to the fares collected by each transit agency. That will give the transit agencies powerful incentives to cater to fare-paying customers. However, if we are seriously interested in reducing greenhouse gas emissions, helping low-income people out of poverty, and solving other social problems, there are better ways of doing so than by continuing subsidies to a third-class form of transportation. Notes 1. Davies, Stephen, ``Going Viral: The History and Economics of Pandemics'' (London: Institute for Economic Affairs, 2020), p. 22, iea.org.uk/wp-content/uploads/2020/04/Going-Viral.pdf. 2. Public Transit Fact Book 2021 (Washington: American Public Transportation Association, 2021), appendix A. 3. National Transit Database 2019 (Washington: Federal Transit Administration, 2020), Service spreadsheet. 4. American Community Survey 2019 (Washington: Census Bureau, 2020), table B08301. 5. National Transit Database Historical Time Series (Washington: Federal Transit Administration, 2020), table TS2.1. 6. American Community Survey 2017 (Washington: Census Bureau, 2018), table B08301. 7. Public Transit Fact Book 2020 (Washington: American Public Transportation Association, 2021), p. 5. 8. Wendell Cox, ``United States Central Business Districts'' (Downtowns), 4th Edition (Belleville, IL: Demographia, 2020), table 1. 9. Andrew Owen and Brendan Murphy, ``Access Across America: Auto 2019'' (Minneapolis: University of Minnesota, 2021), p. 6; Andrew Owen and Brendan Murphy, ``Access Across America: Transit 2019'' (Minneapolis: University of Minnesota, 2020), p. 4; Andrew Owen and Brendan Murphy, ``Access Across America: Biking 2019'' (Minneapolis: University of Minnesota, 2020), p. 5. 10. Calculated from National Transit Database 2019, Service, Fares, Operating Expense, and Capital Expense spreadsheets. 11. Calculated by dividing expenditures on auto ownership in National Income and Product Accounts (Washington: Bureau of Economic Analysis, 2021), table 2.5.5 by automobile passenger miles in Highway Statistics 2019, table VM-1, and by average auto occupancies of 1.67 from 2017 National Household Travel Survey (Washington: Federal Highway Administration, 2018), table 16. 12. Calculated by subtracting diversions of highway user fees to transit and other non-highway uses from general funds spent on highways in Highway Statistics 2019, table HF-10 and dividing by passenger miles. 13. Thomas A. Rubin and James E. Moore, II, ``Metro's 28 by 28 Plan: A Critical Review'' (Los Angeles: Reason Foundation, 2019), chapter 3, pp. 3-4. 14. Purple Line Traffic Analysis Technical Report (Annapolis: Maryland Department of Transportation, 2008), pp. 41-42. 15. Calculated from National Transit Database 2019, Energy and Service spreadsheets. For details on methodology, see Randal O'Toole, ``Urban Transit: Browner Than Ever'' (Camp Sherman, Oregon: Thoreau Institute, 2021). 16. Amy Cortese, ``New Rail Lines Spur Urban Revival'', New York Times, June 13, 2009, http://www.nytimes.com/2009/06/14/realestate/ 14sqft.html?--r=1&scp=1&sq=urban%20revival&st=cse. 17. Randal O'Toole, ``Suckered Again'', The Antiplanner, June 15, 2009, http://ti.org/antiplanner/?p=1471. 18. Randal O'Toole, ``Debunking Portland: The City That Doesn't Work'' (Washington: Cato Institute, 2007), pp. 8-9. 19. American Community Survey 2019, table B08119. 20. National Transit Database 2019, Revenue Sources spreadsheet. 21. Jose Maria Barrero, Nicholas Bloom, and Steven J. Davis, ``Why Working at Home Will Stick'' (Cambridge: National Bureau of Economic Research, 2021), p. 30. 22. American Community Survey 2020, table XK200801; American Community Survey 2019, table B08301. 23. Traffic Volume Trends (Washington: Federal Highway Administration, June 2019 and June 2021). 24. Bureau of Transportation Statistics, ``Revenue Passenger-Miles, All Carriers--All Airports'', 2022, https://www.transtats.bts.gov/ Data--Elements.aspx?Data=3; Monthly Performance Report December 2021 (Washington: Amtrak, 2022), p. 5. 25. National Transit Database Monthly Module Adjusted Data Release (Washington: Federal Transit Administration, 2022), https:// www.transit.dot.gov/sites/fta.dot.gov/files/2022-03/ January%202022%20Ajusted%20Database.xlsx. 26. American Community Survey 2020, table XK200801. 27. National Transit Database 2019 and 2020, Fare, Operating Expense, and Capital Expense spreadsheets. 28. See Randal O'Toole, ``Reducing Poverty by Increasing Auto Ownership'', (Camp Sherman, OR: Thoreau Institute, 2020), for a review of case studies showing that auto ownership helps people out of poverty better than free transit. RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY FROM JOANNA M. PINKERTON Q.1. During your testimony, you described how the Central Ohio Transit Authority (COTA) uses coding technology and advanced technology systems to assist with predictive maintenance for the agency's state of good repair improvements. When did COTA begin to utilize advanced technology systems for predictive maintenance? A.1. COTA began a pilot of our Vehicle Intelligence Program in Spring 2021. Q.2. How has advanced technology systems helped the lifecycle of COTA's transportation assets and infrastructure? A.2. The current pilot runs the system on 10 vehicles and has prevented a minimum of 20 road calls so far. COTA has recently approved a contract to implement the Vehicle Intelligence Program to the rest of the fleet by end of the summer. We will have a dedicated team member who will consistently engage with the software. This team member will establish the parameters and monitor the alarms that help our vehicle maintenance team with true predictive maintenance. The goal of this system is to improve the reliability of the transit vehicles so that the full life cycle can be utilized and to reduce the number of road calls which can potentially disrupt service. Q.3. The Infrastructure Investment and Jobs Act (49 U.S.C. 5312(b)(4)) includes a new program-the Accelerated Implementation and Deployment of Advanced Digital Construction Management Systems-that directs the Secretary of Transportation to promote and document the application of advanced digital construction management systems, practices, performance, and benefits. Do you believe agencies like MARTA COTA may benefit from this program? If so, please explain why. A.3. I understand that the use of advanced digital construction management systems has been underway for highway construction projects for some time, supported in part by the Federal Highway Administration's focus on digital construction under Every Day Counts 6. This provision at Section 5312 is new for the Federal transit program, so I would expect to see FTA implementation guidance soon. At COTA, we are innovators, always interested in new ways to advance projects more effectively. Digital modeling can optimize maintenance and asset management--which is a priority for all transit agencies. ------ RESPONSES TO WRITTEN QUESTIONS OF SENATOR SINEMA FROM JOANNA M. PINKERTON Q.1. One way to grow an economy is to make the people that power it more productive. Could you share a bit from your perspective about the productivity gains for families, workers, and businesses that fast, safe, and effective transit authorized under our Infrastructure Investment and Jobs Act will provide? Please utilize specific examples where appropriate and valuable. A.1. First of all, I would like to thank you for your strong leadership--and bipartisan work with Senator Portman--in developing the IIJA legislation. The value of the infrastructure investment under the IIJA to Central Ohio cannot be overstated. COTA's LinkUS initiative exemplifies our belief in the power of high-frequency transit routes as a catalyst for smart development. In turn, the value of developing housing, businesses and other amenities along high-frequency transit routes comes from the improved accessibility it provides residents, customers at businesses along the route, and employees throughout the region who will benefit from safe and reliable commutes. Intel's plans for an initial investment of more than $20 billion to construct two new chip factories in Licking County, Ohio, will transform this mostly rural county, requiring considerable investment in the surrounding infrastructure to realize the full promise of this project. For projects of this magnitude, Federal support in the form of IIJA funding is essential. Transit will likely play an important role in the commutes of many of the 3,000 Intel employees that will work in the first two factories. ------ RESPONSES TO WRITTEN QUESTIONS OF SENATOR TOOMEY FROM COLLIE GREENWOOD Q.1. Has the Metropolitan Atlanta Rapid Transit Authority (MARTA) utilized any advanced technology systems to address construction, maintenance, or operations of its system? If so, please describe the tangible benefits that resulted from utilizing these systems. A.1. MARTA has two new advanced technology systems to help streamline the construction, maintenance and operations of the transit system. First, MARTA is deploying Unifier as the project lifecycle management solution from Oracle Primavera for capital planning, project delivery, cost control, and facilities and real estate management. Primavera Unifier provides governance across all project phases, from planning and building to operations and maintenance. Unifier includes unlimited storage of portfolio, program and project documents. MARTA has an ambitious capital expansion program, and Unifier tracks a project from planning through operations and management. This reduces friction between project teams as they evolve and allows us to work seamlessly with external project team members. Currently, Unifier interfaces with our Oracle Financial System which enables us to quickly and efficiently develop a More MARTA monthly report for our funding jurisdictions. MARTA has also recently deployed Bluebeam to review plans and help manage our as-built construction documents. Bluebeam is a technical tool that streamlines the ability to mark-up PDF documents both technically and administratively. Bluebeam reduces the process of Project ``redlines'' on hard copies by over 50%, saving on average three days per submittal throughout the life of a project. Our Station Rehabilitation Program has been able to document QA/QC procedures more efficiently with multiple stakeholders, consultants and contractors which reduces time spent and more importantly, risk. Q.2. The Infrastructure Investment and Jobs Act (49 U.S.C. 5312(b)(4)) includes a new program-the Accelerated Implementation and Deployment of Advanced Digital Construction Management Systems-that directs the Secretary of Transportation to promote and document the application of advanced digital construction management systems, practices, performance, and benefits. Do you believe agencies like MARTA may benefit from this program? If so, please explain why. A.2. Even if MARTA never applies for a grant under this new program, the market penetration of these new products across the industry will benefit MARTA as staff and consultants gain command over of these tools to benefit transit construction management systems across the U.S. ------ RESPONSES TO WRITTEN QUESTIONS OF SENATOR SINEMA FROM COLLIE GREENWOOD Q.1. One way to grow an economy is to make the people that power it more productive. Could you share a bit from your perspective about the productivity gains for families, workers, and businesses that fast, safe, and effective transit authorized under our Infrastructure Investment and Jobs Act will provide? Please utilize specific examples where appropriate and valuable. A.1. I began my career in transit as a bus operator, so I've seen personally how customers are impacted by the level of transit service. One of the first initiatives I worked on when I arrived at MARTA was a series of improvements to bus amenities and a focus on bus service enhancement and expansion. Bus is the backbone of public transit and bus service, particularly bus rapid transit, has the potential to be transformative for a community. MARTA's first project to enter the Capital Investment Grant Program in two decades, the Clayton Southlake Bus Rapid Transit (BRT) project, is an upgrade of one of MARTA's busiest bus routes, serving the southern portion of our service area. It is projected that the project will save a transit rider 19 minutes on the length of the trip, from College Park Station to Southlake Mall. Additionally, the FTA recently awarded MARTA a $1 million Transit-Oriented Development Corridor Planning Grant to analyze and develop a potential project list of community developments at and around those proposed BRT stations in order to amplify the positive benefits of transit investments in the area. The Infrastructure Investment and Jobs Act will amplify existing programs and create new ones that will improve efficiency and productivity, and help more destinations be in reach for metro Atlanta transit riders. ------ RESPONSES TO WRITTEN QUESTIONS OF SENATOR SINEMA FROM GREG REGAN Q.1. One way to grow an economy is to make the people that power it more productive. Could you share a bit from your perspective about the productivity gains for families, workers, and businesses that fast, safe, and effective transit authorized under our Infrastructure Investment and Jobs Act will provide? Please utilize specific examples where appropriate and valuable. A.1. Response not received in time for publication.