George Stringham, U.S. Army Corps of EngineersThe stop-and-start nature of Congress is on full display for civil engineers eagerly awaiting passage of two pieces of legislation that will greatly impact them in the coming years.
For months, members of the profession waited for progress on surface transportation reauthorization and the Water Resources Development Act of 2026. As the long days of summer began running out, a burst of hope emerged, but now it’s back to the waiting game.
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The Infrastructure Investment and Jobs Act, the five-year law that authorized federal surface transportation programs, was set to expire Sept. 30, but legislators passed a short-term extension that was signed into law by President Trump on Sept. 2.
This will keep programs running through Dec. 11, though it does not extend the IIJA’s advance appropriations funding, resulting in lower funding levels than under the original law. Barring another extension, a surface transportation bill will need to pass by then to keep funding in place for U.S. highways, transit, passenger rail, highway safety programs, and more.
Meanwhile, WRDA overwhelmingly passed in the House of Representatives on Sept. 16 after a lengthy wait. The Senate Committee on Environment and Public Works moved its bill forward in July, but there has been no vote in the full Senate.
Momentum has stalled for now.
The House is in recess, and the Senate, which is working on judicial nominations, will also adjourn Oct. 2. Both bodies are scheduled to return Nov. 9, following the Nov. 3 election. That means the two key pieces of legislation will need to be passed in a lame-duck session that itself will be stop-and-start due to the holiday season.
WRDA has been on a regular two-year cycle of passage since 2014, last passing in late 2024. As Congress began negotiating WRDA, ASCE spelled out its priorities. Among those included in the House and Senate bills are:
- Reauthorization of the Federal Emergency Management Agency’s Rehabilitation of High Hazard Potential Dams Grant Program
- Revision of the National Dam Safety Program State Assistance Grant formula to better reflect current dam safety regulatory structure
- Addressing the water resources project backlog at the U.S. Army Corps of Engineers, which totals at least $100 billion
‘This isn’t a political issue’
Del Shannon, P.E., M.ASCE, who leads the dam and hydropower practice at Knight Piesold USA, said passing WRDA in a timely fashion is a necessity.
“There is no substitute for water, and ensuring this irreplaceable resource continues to provide for the ongoing safety and security of all our lives isn’t negotiable,” he said. “This isn’t a political issue. All of us, regardless of who you are and what you may or may not believe, are reliant on these water systems that provide for us all.”
As for surface transportation reauthorization, neither house has passed a bill. The House Committee on Transportation and Infrastructure voted to send the bill to the floor in May, but it has not been voted on yet. The Senate has yet to release a bill.
The BUILD America 250 Act would largely continue funding for surface transportation programs at levels comparable to those under the IIJA, when adjusted for inflation. But unlike the IIJA, which reached beyond transportation by providing funding for things such as broadband, drinking water, and wastewater, the House legislation focuses almost exclusively on core surface transportation programs.
Uncertainty about funding can make civil engineering work more complicated – if not impossible.
“Planning surface transportation projects depends on knowing what programs are out there to receive funding, how they are structured, and how much funding is available,” said Mike Pniewski, P.E., P.S., F.ASCE, the engineer for Lucas County, Ohio. “Once a surface transportation bill expires, it is difficult to know where the funding needed to develop our transportation system will come from and what elements of that system will be prioritized.
“Uncertainty could cause critical projects to be delayed, have cost overruns as a result of delay, or not happen at all.”
ASCE has long called for legislation to better support the Highway Trust Fund. The fund would be a big beneficiary if the bill passes, as it includes federal fees on electric and plug-in hybrid vehicles for the first time. Dozens of states have similar fees for EVs and plug-in hybrids.
Under the House bill, EV owners would pay $130 a year, and hybrid drivers would pay $35. But receiving 60 votes in the Senate on a bill with this provision might be an uphill climb.
The Highway Trust Fund faces numerous challenges, including:
- The federal gas tax being frozen since 1993
- The growing popularity of EVs and hybrids
- Increasingly fuel-efficient internal combustion vehicles
A potential boon for bridges
Bridges would benefit if the BUILD America 250 Act passes as written. The legislation would consolidate IIJA bridge programs into a $9.2 billion Highway Trust Fund-managed formula program.
The program would feature a formula guaranteeing at least $75 million annually for all states, ensuring states receive at least what they did under the IIJA. Remaining funds would be distributed using a formula based on total bridge deck area and the share classified as being in poor condition by the National Bridge Inventory.
Additionally, 20% of each state’s funding would go to off-system bridges, meaning bridges that are not on the Federal-aid Highway System.
But it’s imperative that things move quickly, said Sarah Klarich, P.E., ENV SP, M.ASCE, a senior engineer with Denver’s Department of Transportation and Infrastructure.
“If Congress isn’t prudent about passing the transportation reauthorization before it expires, state and local governments will lose funding they rely on to complete larger capital projects as well as regular maintenance to ensure public safety,” she said. “The extension of the original version helps us in the meantime, but it doesn’t incorporate the new funding and initiatives in the reauthorization and is only a temporary fix.
“We’re running out of time. Without a transportation infrastructure reauthorization, many of our federally supported state and local projects lose their financing immediately, disrupting projects that people across the country could rely on to safely get around for their everyday needs.”
Also of note
- The Environmental Protection Agency repealed limits on greenhouse gas emissions from power plants running on fossil fuels. Previous regulations required certain coal and new natural-gas-fired plants to cut carbon dioxide emissions by 90% by 2032. The EPA said its repeal would save $310 billion and boost coal production significantly.
- ASCE submitted comments to the Department of Housing and Urban Development opposing its proposed rescission of a 2024 rule implementing the Federal Flood Risk Management Standards, which adjusted standards for housing construction in floodplains. The Society provided comments supporting the rule in 2023, identifying several ASCE codes and standards that should be used in construction.
- The EPA and the U.S. Army Corps of Engineers are seeking further input on a proposed rule that would redefine “Waters of the United States,” which are subject to regulation under the Clean Water Act. Last year, the agencies proposed narrowing the definition of WOTUS by reducing the number of wetlands subject to protection. ASCE’s January comments expressed concern over eliminating wetlands protections and other provisions.
What’s Your Big Idea?
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Registration is open for ASCE2027: The Infrastructure and Engineering Experience, a first-of-its-kind event bringing together big thinkers from all across the infrastructure space, March 1-5, 2027, in Philadelphia. Pack your big ideas and join the discussion.
Learn more about ASCE2027: The Infrastructure and Engineering Experience.
