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GAO Report Critiques FTA’s Failure to Implement MAP-21 and FAST Act Mandates

A new Government Accounting Office report says the Federal Transit Administration has failed to meet three statutory requirements (two from MAP-21 and one from the FAST Act) related to the Capital Investments Grant program, the primary source of federal funding for commuter, light rail, subway, ferry and bus rapid transit projects.  FTA says it has … Continue Reading

New Federal Transit Administration Rule Seeks to Remove Barriers to P3s

In an effort to promote project flexibility, funding innovation, efficiencies and timely implementation, this week the Federal Transit Administration (FTA) released its final rule regarding P3s (and other private involvement) in public transportation projects. The “primary goal” of FTA’s “Private Investment Project Procedures” (or “PIPP”), new 49 C.F.R. Part 650, is to “identify and address” … Continue Reading

FRA Releases Latest Railroad Progress Report as PTC Deadline Looms

As the December 31, 2018 deadline approaches for freight, passenger, and commuter railroads to implement Positive Train Control (“PTC”), the Federal Railroad Administration (“FRA”) is reporting on the progress of individual railroads in complying with the mandate. In 2008, Congress passed the Rail Safety Improvement Act and mandated that certain railroads carrying passengers or hazardous … Continue Reading

White House Releases Roadmap for Nation’s Infrastructure; Congress Takes the Wheel

The White House released its long-awaited infrastructure proposal to Congress this morning, along with the President’s fiscal year 2019 budget proposal. While elements have been hinted at and leaked before, the 55-page document released today provides significant new details. Though the Administration began to advance discrete priorities by executive action this past year, this broad … Continue Reading

Federal Government Repeals MPO Consolidation Rule

President Trump recently signed into law a repeal of the MPO Coordination and Planning Area Reform rule less than a year after the rule was finalized by the Obama administration’s Federal Highway Administration and Federal Transit Administration. The rule, which was largely unpopular with local metropolitan planning organizations (“MPOs”) across the country, aimed to consolidate … Continue Reading

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears Argument on AB 32 GHG Reduction Program

A three-judge panel of the California Court of Appeal for the Third District heard oral arguments last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. (California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board)  The questions most … Continue Reading

A Rise in the Tides for Water Infrastructure

It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN).  WIIN includes the Water Resources Development Act of 2016 (WRDA), together with provisions to authorize critical water projects  and improve drinking water infrastructure, water storage and supply, flood … Continue Reading

Kentucky Rolls Out its P3 Law in Lexington

The National Council for Public Private Partnerships (NCPPP) and the Kentucky Chamber of Commerce recently concluded on October 28 a very well-attended two day conference in Lexington, Kentucky on the Commonwealth’s new public-private partnership (P3) enabling legislation, the so-called “HB-309.”  HB-309’s chief drafter, Rep. Leslie Combs, was on-hand, participating in nearly every panel discussion, either as a … Continue Reading
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