The Federal Highway Administration greenhouse gas rule would force states to spend their highway funds, meant for road and bridge construction, to pay for buses, Amtrak trains, and electric vehicle charging stations.
This FHWA greenhouse gas performance measure rule is a one-size-fits-all mandate limiting a state’s ability to choose or invest in transportation construction projects that fit its unique needs.
This rule would require states to reduce transportation emissions. If states don’t, then they would be forced to put road and bridge projects on hold and fund initiatives that achieve emissions reductions – like adding more buses, train cars, and EV charging stations.
Background: On November 22, FHWA released its GHG Performance Measure final rule. According to the rule, states and metropolitan planning organizations (MPOs) must set declining GHG targets each year for their reduction in carbon dioxide emissions. However, the Administration claims that “FHWA is neither requiring any specific targets nor mandating any penalties for failing to achieve these targets.”
While there are no explicit penalties set in the rule, it does state that “State DOTs and MPOs that set a declining target but fail to achieve their targets can satisfy regulatory requirements by documenting the actions they will take to achieve that target in its next biennial report.” It goes on to say states must “provide data-supported explanations for not achieving significant progress, and their plan to achieve said progress in the future.”
So, what does that mean? States will have to explain to FHWA how they will reduce carbon dioxide emissions—i.e., make climate friendly project selections at the behest of road and bridge projects.