WASHINGTON, D.C. — Today, U.S. Senators Alex Padilla (D-Calif.) and John Cornyn (R-Texas), along with U.S. Representatives John Garamendi (D-Calif.-03) and Doug LaMalfa (R-Calif.-01), led a bipartisan, bicameral letter to Secretary Pete Buttigieg urging the U.S. Department of Transportation (DOT) to provide flexibility to states like California and Texas in using relief funds for transportation repair projects on roads, bridges, trails, and transit systems in the aftermath of natural disasters.

“We urge you to review and update regulations that jeopardize the availability of Emergency Relief funds in the aftermath of natural disasters and catastrophic events,” wrote the lawmakers. “Specifically, we ask that you extend the initial deadline for construction obligation to ensure our states and communities that are impacted by natural disasters have adequate time to utilize such funds to repair transportation infrastructure”

The lawmakers outline concerns about how DOT can claw back Emergency Relief program funding for highway and public transit projects if those projects do not initiate construction by the end of the second fiscal year following the year in which the disaster occurred. The letter also notes how DOT has denied states’ previous applications for extensions due to delays caused by environmental evaluation, litigation, or complex right-of-way acquisition. In 2019, the Federal Highway Administration denied 66 out of Caltrans’ 73 requests for one-year extensions to carry out projects using a total of more than $25 million in federal funding from its Emergency Relief program.

The letter requests that DOT update Emergency Relief program regulations to extend the construction start deadline to the end of the fourth fiscal year following the year in which a disaster occurred for permanent repair projects.

In the Senate, the letter is also signed by Senators Marsha Blackburn (R-Tenn.), Bob Casey (D-Penn.), Kevin Cramer (R-N.D.), Dianne Feinstein (D-Calif.), Deb Fischer (R-Neb.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Mark Kelly (D-Ariz.), Marco Rubio (R-Fla.), and Raphael Warnock (D-Ga.).

In the House of Representatives, the letter is also signed by Representatives Pete Aguilar (D-Calif.-31), Karen Bass (D-Calif.-37), Kevin Brady (R-Texas-08), Julia Brownley (D-Calif.-26), Jim Costa (D-Calif.-16), Anna Eshoo (D-Calif.-18), Brian Fitzpatrick (R-Pa.-01), Jimmy Gomez (D-Calif.-34), Jared Huffman (D-Calif.-02), Barbara Lee (D-Calif.-13), Mike Levin (D-Calif.-49), Nancy Mace (R-S.C.-01), Grace Napolitano (D-Calif.-32), Jimmy Panetta (D-Calif.-20), Scott Peters (D-Calif.-52), Maria Elvira Salazar (R-Fla.-27), Loretta Sanchez (D-Calif.-38), and Juan Vargas (D-Calif.-51).

Full text of the letter can be found here and below: 

Dear Secretary Buttigieg:

We urge you to review and update regulations that jeopardize the availability of Emergency Relief funds in the aftermath of natural disasters and catastrophic events. Specifically, we ask that you extend the initial deadline for construction obligation to ensure our states and communities that are impacted by natural disasters have adequate time to utilize such funds to repair transportation infrastructure.

Under current regulations, the Department is allowed to begin to claw back Emergency Relief funding for highway and public transit projects if those projects do not initiate construction by the end of the second fiscal year following the year in which the disaster occurred. While states can apply for extensions provided in one-year increments for delays “caused by the need for extensive environmental evaluation, litigation, or complex right-of-way acquisition,” the Department has previously denied such requests for a number of projects to repair disaster damage.

As Americans grapple with severe natural disasters and extreme weather, we believe that states and communities also need practical requirements to ensure that they have a reasonable period of time to carry out significant and often complex projects necessary to repair or reconstruct transportation assets after a disaster occurs. As such, we ask that you update Emergency Relief program regulations to extend the construction start deadline to the end of the fourth fiscal year following the year in which the disaster occurred for permanent repair projects.

Thank you for your consideration of our request. We look forward to continuing to work with you to build more resilient infrastructure and help communities recover from disasters.

Sincerely,

###