By Linda Chiem

Law360 (May 12, 2020, 7:24 PM EDT) -- House Democrats' Tuesday proposal for $3 trillion in COVID-19 relief legislation includes money for state transportation and public transit agencies, along with a federal mandate requiring face masks for passengers and employees of airlines, Amtrak and mass transit.

A centerpiece of the sprawling Health and Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act, is $875 billion in state and local government aid, in addition to another round of direct relief payments, health insurance enrollment, workplace safety standards, hazard pay for essential workers, employer tax credits and immigrant protections, among other things.

The transportation-specific provisions in the HEROES Act aren't as robust as House Democrats had suggested they'd be in early April, shortly after the Coronavirus Aid, Relief, and Economic Security, or CARES, Act became law on March 27. At the time, the Democrats said they envisioned having the next COVID-19 economic relief bill anchored by a $760 billion plan aimed at rebuilding the nation's highways, railways, airports, water and broadband infrastructure while also tackling climate change.

Tuesday's proposal includes $15 billion for state departments of transportation for highway projects and $15.75 billion to help public transit agencies that have been hammered by dwindling ridership amid government stay-at-home mandates.

The American Public Transportation Association said Tuesday that the industry actually needs $23.8 billion in emergency response and recovery funding.

"It is imperative that agencies receive federal support so that they can survive and help our nation recover from the economic fallout of the pandemic," APTA President and CEO Paul P. Skoutelas said in a statement. "Without significant additional emergency funding, we will not be able to serve our essential riders, as well as help our communities recover both economically and socially."

The HEROES Act also includes $75 million to help Federal Aviation Administration operations. But the FAA would also be required to study "whether the environmental controls systems in commercial airliners recirculate pathogens in the cabin air and to assess existing and potential technological solutions to reduce pathogen recirculation and to mitigate any elevated risk of exposure to pathogens in the cabin air."

Notably, the proposed legislation also includes a broad federal mandate requiring the use of face masks for passengers and workers in commercial airlines, Amtrak and public transit. Every passenger and cabin crew member would have to wear a mask or protective face covering while onboard a flight, and every passenger and employee of Amtrak, including engineers, conductors, and on board service workers, would similarly have to wear a mask or other protective face covering while onboard an Amtrak train, according to the bill.

Although House leaders have set a vote on the bill for Friday, anticipating that it'll pass along party lines, it's just a starting point for negotiations that will likely hit a wall in the Republican-controlled Senate.

Republicans quickly shot down the plan as an unrealistic wish list.

"Instead of taking a thoughtful bipartisan approach in crafting a follow-up to the CARES Act, the speaker has chosen to roll out a costly, partisan wish list that is dead on arrival," Rep. Sam Graves, R-Mo., the ranking member of the House Transportation and Infrastructure Committee, said in a statement. "Bipartisan solutions are how we ensure our transportation sector workers can continue to move goods and people safely and get us back on the road to recovery."

--Additional reporting by Andrew Kragie. Editing by Alanna Weissman.

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