Maze of policy changes may complicate IIJA implementation, ARTBA Chair Duit tells Congress

While over 75,000 transportation improvement projects have been initiated, including one in nearly every congressional district, and 43,000 construction jobs have been created by 2021’s Infrastructure Investment and Jobs Act (IIJA), regulatory proposals threaten to hamper the law’s progress, American Road & Transportation Builders Association (ARTBA) Chair Tim Duit told a congressional panel July 24.

In testimony before the U.S. House Highways & Transit Subcommittee, Duit, president of Edmond, Okla., based Duit Construction, said regulatory proposals that are clear and well-defined can achieve their intended purpose. He cited a recent Federal Highway Administration (FHWA) proposal that placed greater emphasis on positive separation between roadway workers on construction sites and motorists. He said such a measure would improve safety for everyone.

“In other instances, however, while the road to regulation is paved with good intentions, the outcomes can cause uncertainty and a lack of clarity for the companies working on transportation projects,” Duit said, referring to a variety of proposals being implemented by federal agencies.

He outlined several major policies making it harder to initiate transportation system improvements:

• The Environmental Protection Agency (EPA)’s non-compliance with the U.S. Supreme Court’s 2023 decision on EPA’s “Waters of the United States” rule, which treats roadside ditches as protected waterways. Despite the Court’s definitive clarification, federal agencies have not fully compiled, resulting in continued confusion.
• Inconsistent implementation of the IIJA’s “Buy America” provisions, especially FHWA’s proposed rollback of its waiver for manufactured products.
• FHWA’s attempt to impose greenhouse gas performance measures on state transportation departments—a provision that members of Congress debated in a bipartisan manner and deliberately left out of the IIJA.
• A Fish and Wildlife Service proposal against accidental harming of migratory birds, which could cause work stoppages on transportation construction sites.

Duit closed by saying, “Historic levels of infrastructure investment, when accompanied by the harmonious regulatory environment intended by Congress, can result in timely completion of transportation projects that move people and products safely and efficiently.”