Capital Investment Grants Proposed
Interim Policy Guidance
April 15, 2015
Jeffrey F. Boothe
Copyright © 2011 Holland & Knight LLP. All Rights Reserved
Scope/Timing of Proposed Guidance
• Issued on April 6, 2015: Comments Due May 8, 2015
• Intended to begin implementation of MAP-21 changes
• Comprehensive document that encompasses all prior rulemaking and
guidance
• Project sponsors will use guidance to submit information for FY 17
Budget
• Followed by rulemaking later this year to fully implement MAP-21
•
2
Bus Rapid Transit - Eligibility
New Starts
Small Starts
•
Majority of right of way in a separated
right of way during peak periods
•
Substantial investment in defined
corridor
•
Substantial investment in defined
corridor
•
Features that emulate fixed guideway
rail service
•
Features that emulate fixed guideway
rail service
•
Defined stations – fully accessible, shelter
and next bus information
•
•
Traffic signal or preemption/queue jumps
•
Short headway bi-directional service for 14
hours weekdays/10 hours weekends and
•
Either 15 minute minimum headways or 10
minutes during peak and 20 minutes at all
other times
Defined stations – fully accessible, shelter
and next bus information
•
Traffic signal or preemption/queue jumps
•
Short headway bi-directional service for 14
hours weekdays/10 hours weekends and
•
Either 15 minute minimum headways or 10
minutes during peak and 20 minutes at all
other times
•
3
Project Development
• Pre-Project Development (PD)
– Undertake project work, identify project, community outreach – at local
expense
– Sufficient work performed to ensure meet two year window to complete PD
for New Starts
– Submit letter to FTA to request entry into PD
• Project Development
– New Starts - two years to complete NEPA, select Locally Preferred
Alternative (LPA), obtain 30 percent commitment of non-section 5309 funds
and submit information for project rating and evaluation
– Small Starts – three years to complete NEPA, select LPA, adopt project
into long-range transportation plan, obtain commitment of 50 percent of
non-section 5309 monies; complete activities to be evaluated and rated
•
Must withdraw from Small Starts if don’t meet three window
– Monies to complete this phase are eligible as local match
4
Engineering – New Starts
• Request Entry into Engineering after completing FTA templates,
providing information on legal, financial and technical capacity
• Must receive a overall project rating of Medium or higher to enter into
Engineering
• FTA locks in federal share at entry into Engineering, requiring sufficient
design and engineering to project cost, scope and schedule
• During Engineering
• Obtain commitment of 50 percent of non-section 5309 monies
• Complete phase within three years or asked to withdraw
• Use Letters of Intent to express intent to award funding
• Use Early Systems Work Agreements (ESWA) to advance of an FFGA to
promote completion of the project – FTA will fund project element under
ESWA
5
Conclusions
• BRT definitions more narrow than industry practice in defining BRT
• Enter into PD or Engineering only when you are certain work can be
completed within times allowed or face being asked to start over
• Local monies count as local match only when approved for each step
• Thus, carrying greater cost of project early and local monies for early
project work not reimbursable
6