In 2015, the U.S. Department of Homeland Security (DHS) released a “Transportation Systems Sector-Specific Plan.” This report details how the risk management framework is implemented given the unique characteristics and risk landscape of the transportation sector. Since the outbreak of the novel coronavirus, these workers have continued to carry out essential activities.
According to the U.S. Cybersecurity and Infrastructure Security Agency (CISA), one of the 16 critical infrastructure sectors is the transportation systems sector, which consists of seven key subsectors: highways, aviation, maritime, rail, mass transit, pipelines and postal and shipping. The personnel comprising this sector come from public, private and industry organizations.
Why Is This Sector “Essential?”
The economy is heavily reliant on trade and travel occurring throughout the nation. What that means, in particular, is that the transportation sector is designed to support the safe and efficient movement of people, goods and products for business and pleasure. Even when disruptions in the supply chain do occur, this sector must respond, adapt and adjust accordingly. This sector has also played a vital role during the pandemic response, as well as in ongoing recovery and relief operations underway in states.
According to the DHS and the Centers for Disease Control and Prevention (CDC), this sector lends support to emergency managers, local governments, heads of transit authorities, federal law enforcement and local first responders, as well as long-haul truck drivers, maritime pilots, aviation and rail workers and rideshare and taxicab drivers. Without the work carried out by these unsung heroes, the response to the pandemic would have been severely limited, especially in getting essential medical supplies and equipment to public health officials on the frontlines.
Of the 42 states, the District of Columbia (D.C.), Guam, Puerto Rico and the U.S. Virgin Islands that have adopted guidance on who is considered an “essential worker,” the general elements included in the definition of “transportation and logistics” include airlines, railroads, taxis, private transportation providers and public and private mail and shipping services. For example:
- Alabama defined “infrastructure operations” to include the maintenance, operation or construction of dams, airports, ports, roads and highways and mass transit; automotive sales and repair, vehicle rental and taxi services, network providers (such as Uber and Lyft), freight and passenger rail, motor carriers, pipelines, and other transportation infrastructure and businesses, water and waste water systems, transportation companies such as airlines and bus lines, hazardous waste disposal, hotels and commercial lodging services and RV parks.
- New York defined “essential infrastructure” to include airlines/airports; commercial shipping vessels/ports and seaports and transportation infrastructure such as bus, rail, for-hire vehicles and garages.
- Washington defined “essential workers” to include employees supporting or enabling transportation functions such as dispatchers, maintenance and repair technicians and workers engaged in snow removal and avalanche control. The order also included workers such as truck drivers hauling hazardous and waste materials, as well as rideshare and taxicab, postal and shipping, mass transit, ferry, rail and air transportation workers.
- D.C. defined “transportation and logistics” to include businesses that ship or deliver groceries, food, goods or services directly to residences; taxis, ride-sharing companies and other private transportation providers providing transportation services necessary for Essential Businesses or Essential Governmental Functions and other purposes expressly authorized; businesses providing mailing and shipping services, including post office boxes and moving companies and bicycle sales, management and repair business.
A search of legislation addressing transportation and COVID-19 revealed that at least six states—Hawaii, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania—and Puerto Rico have introduced 19 pieces of legislation. At least two states—Hawaii and New York—have so far approved legislation. And, in Wisconsin, the governor recently proposed to set aside $100 million to offset costs associated with temporarily shutting down the construction industry. The bills primarily focused on pandemic response and relief efforts, essential workers and allocating resources.
SB 75 (to governor) would appropriate $14 million to the state Department of Transportation for outbreak control, contact tracing and personal protective equipment. The bill also would require a monthly report to the governor and legislature that details expenditures, effective June 1, 2020.
SD 2922 (pending) would allow school districts to honor existing vendor contracts pertaining to school transportation, food services and other contracts deemed essential by the superintendent of schools. Such vendors would also be required to maintain the same number of employees they employed before the pandemic. HB 4701 (pending) would appropriate $50 million to the “COVID-19 Regional Transport Authority Emergency Fund,” which would provide financial assistance to regional transportation authorities in high impact areas affected by COVID-19. Additionally, such assistance would include grants for loss of revenue, unexpected expenses, joint procurements and loss of other financial aid due to COVID-19.
HF 976 (failed) and SF 3255 (failed) would have required a school bus driver to activate the prewarning flashing amber signals or flashing red signals and the stop arm signal when the bus was stopped to deliver goods, schoolwork, supplies or other items for students during the pandemic. SF 3255 also would have required the state’s transportation commissioner to repot all expenditures of federal funds to the legislature by Feb. 15, 2021, regarding coronavirus relief funds. HF 1447 (failed) would have extended the expiration date for out-of-state driver’s licenses by 30 days for commercial licenses and 60 days for non-commercial licenses. The bill also would have required procedures to be established for on-road driver tests during the peacetime public health emergency and in a manner that ensured personal protective measures for applicants and examiners, as well as complied with guidance and recommendations from state and federal health agencies. Additionally, the bill would have extended the vehicle registration expiration period for registrations expired on Feb. 29, 2020, during the pandemic or any day of the month in which the peacetime public health emergency period terminates.
SF 4450 (failed) would have urged the federal government to extend the deadline for the full implementation of REAL ID provisions set to take effect on Oct. 1, 2020. SF 4515 (failed) and HF 4543 (failed) would have directed the Metropolitan Council to temporarily halt regular route transit in the metropolitan transit area to curb the spread of the novel coronavirus.
ACR 168 (pending) would urge the federal government to extend the deadline for the full implementation of REAL ID provisions set to take effect on Oct. 1, 2020. The U.S. Transportation Security Administration recently announced it would delay the deadline by a year. More specifically, beginning on Oct. 1, 2021, every air traveler 18 years of age and older will need a REAL ID-compliant credential to fly within the United States.
AB 10182 (pending) would extend the renewal of driver’s licenses, identification cards and inspections of motor vehicles for three months. AB 10303 (pending) would extend the period in which paratransit fees are suspended through Aug. 31, 2020. The bill also would require that certain drivers be provided with hand sanitizer, disposable sterile gloves, face masks and training on preventive measures. AB 10347 (pending) would create a tax deduction of up to $5,000 for the transportation and personal protective equipment expenses of health care professionals and emergency medical technicians. SB 7508 (enacted) provided the state’s fiscal year 2021 budget and included provisions allowing the state to borrow up to $10 billion to provide the spending flexibility required for the programs and capital plan. SB 8176 (pending) would authorize the state Thruway Authority to eliminate all tolls for trucks and delivery vehicles transporting essential supplies, including medicine, medical supplies, cleaning products, food, beverages and construction equipment.
Legislation considered in Pennsylvania has sought to add to the governor’s powers during a pandemic. HB 1498 (pending) would exempt persons providing essential goods and services to hospitals. This would include food and water, pharmaceuticals, medicine and acute care supplies, durable medical equipment and surgical supplies and laundry and sanitary supplies. HB 1788 (pending) would allow a vehicle operating on behalf of a perishable medical supply dealer who is hauling supplies to or from a manufacturing plant to operate on highways 24 hours a day, seven days a week. The vehicle would be required to have a decal and the gross weight of such vehicle could not exceed 80,000 pounds. HB 2400 (pending) would direct the secretary of Community and Economic Development to issue a waiver to the governor’s COVID-19 order to all public and private construction activities if social distancing and other mitigation measures by the U.S. Centers for Disease Control and Prevention are followed.
The governor proposed to borrow $100 million for expenses related to increased capital costs due to interruptions of work in the event construction was temporarily suspended during the pandemic. This proposal was not enacted into law.
HJR 638 (vetoed) would have directed the Department of Transportation and Public Works to take necessary measures to exempt toll collections during the pandemic. This bill was vetoed by the governor.