What happened: The Federal Highway Administration (FHWA) Nov. 22 issued a final rule requiring states and municipalities to set performance measures for reducing greenhouse gas (GHG) emissions from transportation networks.  News coverage of the announcement, which was made just hours before the Thanksgiving holiday, cited ARTBA President and CEO Dave Bauer’s statement opposing the mandate. Bauer noted Congress omitted it from 2021’s Infrastructure Investment and Jobs Act (IIJA).

Why it matters:  The rule requires state departments of transportation to establish two- and four-year statewide emissions reduction targets and report their progress towards meeting these goals. Targets are to be initially established by Feb. 1, with subsequent targets set by Oct. 1, 2026. States not meeting their GHG reduction targets won’t be penalized by FHWA, but they will need to submit updated plans detailing planned actions to reach their respective goals.

What’s next: The rule is available in pre-publication form and will be published in the Federal Register in coming weeks, after which it becomes effective in 30 days. ARTBA is conferring with transportation agencies and affiliated chapters to assess its impact on project planning. If you have feedback, please contact ARTBA’s Prianka Sharma.

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