AASHTO IMPLEMENTATION OUTLINE FOR INFRASTRUCTURE ...

1 AASHTO IMPLEMENTATION OUTLINE FOR. INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA). INTRODUCTION AND GOALS. On November 15, 2021, President Biden signed into law the Bipartisan INFRASTRUCTURE Bill formally known as the INFRASTRUCTURE Investment and Jobs Act (IIJA) that includes a five-year reauthorization of federal highway, highway safety, transit, and rail programs for fiscal years 2022 through 2026. The IIJA. represents a historic investment in all forms of INFRASTRUCTURE , with $567 billion in Highway Trust Fund and General Fund resources provided to the US Department of transportation . In order to immediately deliver on the public benefits of the IIJA and to advance AASHTO 's vision of providing improved quality of life through leadership in transportation as articulated in the 2021-2026. Strategic Plan, the AASHTO transportation Policy Forum has established three overarching goals for the Association's IIJA IMPLEMENTATION Plan which will be dual-tracked.

2 Once developed, this Plan will be updated continuously as the IIJA IMPLEMENTATION progresses. Track One: By December 10, 2021. 1. Briefly identify most urgent IMPLEMENTATION priorities while the full IIJA IMPLEMENTATION Plan is developed. Track Two: By January 14, 2022. 2. For relevant bill sections, recommend optimal program design for quick and effective deployment. o Formula programs o Discretionary grant programs (program-specific issues to be overseen by TPF; overall discretionary grant management process to be overseen by the AASHTO Strategic Management Committee). o Research and policy studies 3. Recommend administrative solutions to address IIJA provisions of concern to state DOTs. In addition, the following considerations are offered to AASHTO 's key IMPLEMENTATION partners at the federal executive branch agencies: AASHTO strongly urges federal partners to implement the law as soon as practicable.

3 Where a range of possible legislative interpretations exist, USDOT and other federal partners should provide flexibility that best meets unique needs of each state. AASHTO membership input is critical not just for this IMPLEMENTATION plan, but for the full duration of IIJA, including in development of regulations, guidance, and policies. AASHTO COUNCILS AND COMMITTEES. AASHTO 's IIJA IMPLEMENTATION Plan relies on the unparalleled policy and technical expertise residing in each of the Association's modal Council and Committees. Based on AASHTO 's committee structure, the Councils and Committees are requested to provide input using the template at the end of this document. Please note that while each Council and Committee is invited provide their input, they can choose to either answer all questions, just some of the questions, or none of the questions in the template. Recommended five-digit bill section numbers for review by the Councils and Committees are denoted below.

4 Councils and Committees do not need to address every assigned section; rather, only the sections on which they wish to provide specific input. Cross-cutting/Interdisciplinary transportation Policy Forum: 11105, 11109, 11110, 11111, 11114, 11115, 11118, 11133, 11401, 11402, 11403, 11404, 11405, 21201, 21202, 21203, 24112, 25010, National INFRASTRUCTURE Investments (p. 984). Modal Councils Council on Active transportation : 11109, 11134, 11135, 11406, 11502, 11529. Council on Highways and Streets: 11107, 11118, 11129, 11136, 11302, 11304, 11307, 11308, 11309, 11401, 11403, 11404, 11405, 11513, 11517, 70914, 70915, 70916, 70921, 70922, 70923, 70935, Bridge Formula (p. 992), EV Charging Formula (p. 993), Bridge Investment Program (p. 999). Council on Public transportation : 11130, 21303, 30005, 30006, 30007, 30008, 30009, 30011, 30012, 30014, 30015, 30016, 30017, 30018, All Stations Accessibility (p.)

5 1011). Council on Rail transportation : 11108, 21301, 22101, 22102, 22103, 22104, 22105, 22106, 22211, 22301, 22302, 22303, 22304, 22305, 22307, 22413. Council on Water transportation : 11121, Lo/no Ferry (p. 1012), Rural Ferry (p. 1013), Port INFRASTRUCTURE (p. 1014). Special Committees Special Committee on Freight: 11110, 11114, 11402, 21101, 21102, 21103, 21104, 21105, 21106, 21107, 21204, 80403. Special Committee on Research and Innovation: 13005, 13006, 13008, 22412, 25001, 25002, 25005, 25006, 25012, 25013, 25014, 25015, 25016, 25017, SMART Grants (p. 986). Program Delivery and Operations Committees Committee on Bridges and Structures: 11118, Bridge Formula (p. 992), Bridge Investment Program (p. 999). Committee on Construction: 25019, Culvert Removal (p. 985). Committee on Design Committee on Environment and Sustainability: 11115, 11123, 11301, 11312, 11313, 11314, 11316, 11317, 11401, 11403, 11405, 11520, 11521, 11522, 25009, Culvert Removal (p.

6 985), EV Charging Formula (p. 993). Committee on Maintenance Committee on Materials and Pavements: 11518. Committee on Planning: 11201, 11202, 11204, 11205, 11206, 13010, 30002, 30003, 30004. PAGE 2. Committee on Right-of-way, Utilities, and Outdoor Advertising Control: 11315, 11401, 11528. Committee on Traffic Engineering Committee on transportation System Operation: 11302, 11303, 11504, 11515, 25008. Enterprise/Cross Discipline Committees Committee on Communications Committee on Data Management and Analytics: 13004, 25003, 25004, 30014. Committee on Funding and Finance: 11101, 11104, 11107, 11117, 11118, 11120, 11132, 11133, 11202, 11204, 11310, 11404, 11405, 11501, 11503, 11508, 11523, 11530, 12001, 12002, 13001, 13002, 21301, 70701, 71001, 80101, 80102, 80103, 80403, FHWA Advance Appropriations (p. 991). Committee on Performance-based Management: 13003. Committee on Safety: 11111, 11119, 11122, 11123, 22104, 22305, 22401, 24112, 25011, 30012, Safe Streets and Roads for All Grants (p.

7 985). Committee on transportation System Security and Resilience: 11106, 11505, 11519, 13009, 25007, 27003, 30011. Agency Administration Agency Administration Managing Committee: 11203, 13007, 25020. Committee on Civil Rights: 11509, Reconnecting Communities (p. 999), Division K-Minority Business Development (p. 1017). Committee on Human Resources Committee on Internal and External Audit Committee on Knowledge Management TIMELINE. November 18, 2021: Introduce IIJA IMPLEMENTATION at TPF Monthly Meeting including assignment to individual councils and committees. December 10, 2021: Councils and committees to submit their OUTLINE of most urgent IMPLEMENTATION priorities. December 16, 2021: TPF Monthly Meeting with USDOT leadership on IIJA IMPLEMENTATION . January 14, 2022: Council and committees to submit their individual IIJA IMPLEMENTATION plans. January 20, 2022: Introduce the full draft IIJA IMPLEMENTATION Plan at TPF Monthly Meeting and solicit membership input.

8 February 7, 2022: Finalize initial edition of the AASHTO IIJA IMPLEMENTATION Plan and transmit to the Biden Administration and Congress. To be continuously updated as necessary. PAGE 3. BILL RESOURCES. In developing AASHTO 's IIJA IMPLEMENTATION Plan, the following resources are available at the AASHTO . IIJA IMPLEMENTATION Webpage: Bill Text and AASHTO Analyses IIJA Bill Text - November 2021. AASHTO Comprehensive Summary and Analysis of IIJA September 2021. AASHTO Policy Recommendations on Key Surface transportation Priorities (Version 2) October 2021. Funding Tables AASHTO Comprehensive IIJA Funding Table September 2021. IIJA Authorized Highway programs August 2021. IIJA Highway Apportionment Estimates August 2021. IIJA Authorized Transit programs August 2021. IIJA Transit Apportionment Estimates August 2021. Current Law and Regulations (for cross-referencing purposes). United States Code Code of Federal Regulations PAGE 4.

9 O **This is a template to show example responses to each question**. AASHTO IIJA IMPLEMENTATION PLAN FOR. COMMITTEE ON FUNDING AND FINANCE. DRAFT [DATE]. Track 1: Due by December 10, 2021. 1. OUTLINE OF MOST URGENT IMPLEMENTATION PRIORITIES. What is the current estimated timeline for distribution of funds for existing and new IIJA programs ? o Will existing formula dollars receive contract authority apportionments first, or all formula programs including Carbon Reduction and PROTECT receive CA at the same time? o Recognizing advance General Fund appropriations programs do not require full-year FY 2022. appropriations, when can funds for these programs be expected? What is the anticipated timing of the $118 billion General Fund transfer into the Highway Trust Fund? IIJA requires FAST Act extension dollars to be rescinded by September 30, 2022. When does USDOT. plan to implement this rescission?

10 Track 2: Due by January 14, 2022. 2. RECOMMENDED PROGRAM DESIGN. Formula programs Section 11107. Federal share payable o At AASHTO 's recommendation, Congress created the Federal Share Flexibility Pilot Program which provides increased flexibility in allowing participating States to fund individual projects at 100 percent federal share if federal share for the funding program as a whole meets the traditional federal share typically at 80 percent. Multistate pooled-fund research programs receive 100 percent federal share as recommended by AASHTO . o Up to ten states can apply to USDOT by providing an application containing such information as the Secretary may require. AASHTO recommends the only application criteria should be what is written in IIJA: have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program. USDOT.