It is hard to believe that we are already mid-way into November 2021. Virtual living seems to have distorted time. Perhaps like me, things that happened last week feel like a month ago and what happened in 2019 feels like a lifetime ago. So much has changed and is still changing, while many of us struggle in ways large and small to adjust and find our bearing.

Since the pandemic started, the cost of loss has been steep. Over 750,000 people have died from the COVID in the United States. Almost 40,000 people died in motor vehicle crashes last year, despite driving being down. We have lost too many people of color– including George Flloyd, Breanna Taylor, Adam Toledo, and Ahmaud Abery, – to racially-motivated violence. The impacts of climate change are felt in lost lives, lost homes, and a growing price tag. In 2020, natural disasters in the United States accounted for $95 billion of overall losses, compared to $51 billion the year before. Our children lost a year of their lives to the virus as many struggled to learn, grow and feel connected in a brave new world. More than 11 million people are behind on their rent and the rate of evictions is rising across the country as people lose their homes. Collectively we grapple individually and as a society with all this loss. Each loss represents multiple policy failures that we must commit to acknowledging and addressing.

President Biden signs the Bipartisan Infrastructure Investment and Job Act (Public Law 117-58) on November 15, 2021.

It feels that our society is at a crossroads. Do we learn from the trauma and injustices that have been exposed so repeatedly over the last two years, or do we hunker down and look out for own our self-interests? This dynamic seems to be playing out in every aspect of American life. But I’d like to take a minute to reflect on how this is unfolding in a small part of it that comprises much of my work: the transportation space via the recently passed Bipartisan Infrastructure Bill.

Transportation has a long history of facilitating tremendous economic growth for the nation, for regions and states, and for people individually. Economic mobility, as the name suggests, is quite literally tied to the ability to access jobs and broader elements of life easily and affordably: government services, healthcare, education, goods and services, family, faith and recreation.

Yet mobility and accessibility is not evenly shared. Take car ownership and the fact that nearly every city urban or rural now requires access to an automobile to hold a job, see a doctor, and access broader regional opportunities. While auto ownership has increased significantly over the past 40 years, almost a quarter of low-income households lack access to a car. Auto ownership by race shows additional disparities. Nationally, in 2019 only 6% of White households do not own a car, while the percentage for both Asian and Latino households is 11%; over 18% of Black households do not own or lack access to an automobile.

For decades, Black, Brown, Tribal and other communities of color have been either bypassed when it comes to adequate transportation investment and service or had the highway bypass driven through their communities creating environmental problems, displacement, and decimation. As recently detailed by transportation historian Sarah Jo Peterson, these actions are not merely unintended consequences, but explicit decisions made by planners, engineers, and perhaps most importantly policy makers.

While the past year witnessed a “racial awakening” in transportation circles, including the first ever Conference on Advancing Transportation Equity hosted by the National Transportation Research Board, few changes have thus far been manifested in transportation policy and plans.

Let’s look at the $1.2 trillion Bipartisan Infrastructure and Jobs Act signed into law by President Biden on November 15, 2021. First off, this is a huge and long overdue investment in America’s infrastructure. While the bulk of funding goes to transportation (52%), it also invests substantially in broadband, stormwater and waste water, climate resiliency and power grids. There are many important climate related provisions included as well. Analysis by the National Association of Counties highlights what opportunities the bill provides for local governments to address climate, safety and equity issues with these funds.

A significant portion of the funding included in the bill goes to reauthorize existing highway and transit programs, primarily through extension of formula funding that largely goes directly to state Departments of Transportation and local transit agencies. The bill provides $284 billion to fund a suite of investments across all modes of transportation (this is referred to as above baseline spending) including an unprecedented $100 billion in discretionary grants that USDOT will make.

Breakdown of the “above baseline” funding provided in the Bipartisan Infrastructure Bill (Brookings Institution graphic)

Among some of these new programs are opportunities to address past racial injustices that transportation created, and which continue to harm Black and Brown communities. This includes:

· $1 billion for the Reconnecting Communities grant program that will fund community engagement and capacity building, as well as planning and construction of projects to remove or retrofit infrastructure barriers like highway overpasses and depressed highways.

· $1.75 billion for an All Stations Accessibility Program to reduce the number of legacy rail transit stations that remain inaccessible to individuals with disabilities.

· $7.3 billion for the Promoting Resilient Operations for Transformative, Efficient and Cost Saving Transportation (PROTECT) program support state and local assessments, planning, and projects that reduce the vulnerability of transportation assets to natural disasters.

· $6.4 billion for a new Carbon Reduction Program within the Federal Aid Highway Program that will channel formula funding into bicycle and pedestrian trails, transit, and other energy-efficient transportation investments.

Yet to achieve transportation equity, the bulk of funding ---- and even projects funded through these new grant programs --- will require significant change in how state departments of transportation, transit agencies, metropolitan planning organizations and localities prioritize funding requests, design projects, and involve community especially those who are most impacted and that have been historically underrepresented. As noted in the New York Times piece by Zolan Kanno-Youngs and Madeleine Ngo, “Racial Equity in Infrastructure, a US Goal, is left to States.” This is putting a lot of money (and faith) in a set of players who have not historically risen to the challenge of racial equity or environmental stewardship.

Highway programs are the biggest winner in the bill, with much of this going through formulas directly to state departments of transportation. (Eno Foundation analysis by Jeff Davis)

Groups like Transportation for America and the Brookings Institution have written about the potential for peril or progress that this major funding investment presents.

As noted, most of the Bipartisan Infrastructure transportation funding goes to roads and bridges (See table at left for analysis by the Eno Foundation). Included in this is a 60% increase in funding for the transportation alternatives program (TAP) used to fund walking and bicycling infrastructure

The hope is that highway funds will be prioritized to repair and maintain existing infrastructure -- especially in disadvantaged communities where roadway conditions are worse than in more affluent exurban areas -- but such policy is not dictated in the legislation.

We do know, however, that when given the chance most DOTs use new revenues to expand the size or and number of roads exacerbating climate and environmental challenges. We also see that communities of color continue to be the victims of proposed highway expansions.

The last 50 years have seen unceasing expansion of roads at the same time that racial segregation and economic segregation have increased. This trend reflects poor transportation and land use policy.

The Bipartisan Infrastructure Bill provides the largest five-year investment in public transportation ($39 billion) to expand service, modernize transit including to purchase electric vehicles, and improve mobility for rural and suburban communities. However, missing is the inclusion of much-needed policy changes that may have better enabled beleaguered transit agencies to recover from ridership losses suffered before and especially during COVID. For instance, it fails to provide federal operating assistance enabling better pay for drivers and to make transit fares more affordable for low-income riders. This comes despite the pandemic showing how essential transit is to low-income workers. Service cuts on many bus and rail routes were devastating for these riders. Bus operators served on the front line, and too many died early in the pandemic. Today many systems are struggling to maintain and recruit new drivers as private sector employers like Amazon can offer better wages. Transit equity remains an elusive goal in almost every US city.

For transit-oriented development (TOD) fans, the increased formula funding for buses, light rail, ferries, heavy rail and expanded Capital Investment Grant program that funds transit service expansion is very good news. But little direct TOD funding is provided. Yes, it extends FTA’s TOD pilot planning program which grows from $13.1 million in FY22 to $14.4 million in FY2026. The continued funding of this program is welcome, but unfortunately it was not modified to include eligibility of existing stations and transit corridors where some of the greatest need and opportunity exists especially as low-income and BIPOC communities are trying to address displacement pressures that are pushing out many residents and small businesses and whitewashing their history and culture.

But I am encouraged to see funding increased to support state and metropolitan planning, which is essential to shaping better transportation equity projects. The Bipartisan Infrastructure bill includes $966.4 million to support Metropolitan and Statewide Planning programs. It provides a greater federal share for transportation planning activities for lower-density and lower-income portions of metropolitan areas and adjoining rural areas. To advance equity in public transportation planning, encourages metropolitan planning organizations to expand consideration of housing and planning for affordable housing in the transit planning process.

Still to be determined by Congress is the fate of the Build Back Better reconciliation package which includes several new programs at HUD and USDOT that would more directly support equitable transit oriented development (ETOD) through coordination of transit with housing and also fund some transit operations support. The House passed this historic legislation on Nov 19, 2021 (it also includes substantial funding for dealing with America’s housing, child care and workforce needs!). Its passage in the Senate is essential to ensure that transit equity needs are met, and the promise of ETOD realized.

Leadership at USDOT is laser focused on the Administration’s commitment to Justice 40: ensuring that at least 40% of overall benefits of federal investments in climate and sustainable transportation benefit disadvantaged communities. The implementation of the Bipartisan Infrastructure Bill will create its first major opportunity to do just that through the new discretionary grant programs, revised planning and program guidance, research and technical assistance it will provide.

Ultimately though, success cannot be solely dependent upon those who consider themselves transportation professionals. Transportation planning, policy making, and investment decisions need to radically reform approaches to engage and partner with other sectors and with community-based organizations (CBOs) located within disadvantaged communities. Through the SPARCC initiative, we are advocating that at least 10% of planning budgets for major infrastructure projects be allocated to community engagement and resourcing CBOs. These groups know the issues their communities face, they have trusted relationships and can be important partners to ensure that funds are spent to address local needs. National and community foundations will also need to support non-profits working to shape state, regional and local implementation to achieve transportation equity. Now is the time to mobilize.

So here we are: Investing historic amounts of funding in a transportation paradigm and institutions that we know are somewhat broken and that repeatedly generate negative equity and environmental outcomes. Some bright spots are included in the bill that create toe holds to demonstrate impact, push for reform and address current and past inequities. This includes to improve access for people with disabilities, improve resiliency, and repair communities devastated by freeways.

Against this backdrop, we must each decide what path we will take. Will we use these hard-fought new resources to create a more equitable and sustainable transportation system that benefits all, including those without access to a car? Or, will we double down on expanding a transportation system that is the largest contributor of greenhouse gas emissions, kills tens of thousands of people each year, and creates greater economic and racial segregation? I’m hopeful that past is not prologue but to realize this we must all get in the game!