infrastructure by providing incentives in the form of grants. Federal incentive funds will be

conditioned on achieving milestones within an identified timeframe. Accounts for 50% of total

appropriation.

A. Applies to: surface transportation, airports, passenger rail, maritime and inland

waterway ports, flood control, water supply, hydropower, water resources, drinking

water facilities, storm water facilities, Brownfield and Superfund sites

B. Eligible entities: States or groups of states, Puerto Rico, U.S. territories, metropolitan

planning organizations, units of local government or a group of local governments,

special purpose district or public authority responsible for maintaining infrastructure

facilities, public utilities, non-profits, tribal governments, multijurisdictional group of

eligible entities, private entities with sponsorship from an eligible public entity .

C. Core infrastructure projects are eligible. The lead federal agency administering the

initiative will define eligible costs and conduct audits to ensure funds are used

appropriately.

D. The lead federal agency will solicit applications every 6 months. Criteria includes:

1. Dollar value of project (weighted at 10%)

2. Evidence supporting how applicant will secure and commit new, non-federal

revenue to create sustainable, long-term funding (weighted at 50%)

3. Evidence supporting how applicant will secure and commit new, non-federal

revenue for operations, maintenance and rehabilitation (weighted at 20%)

4. Updates to procurement policies and project delivery approaches to improve

efficiency in project delivery and operations (weighted at 10%)

5. Plans to incorporate new technology (weighted at 5%)

6. Evidence to support how project will spur economic and social returns on

investment (weighted at 5%)

a. Calculated by multiplying the weighted score by the percentage of nonfederal

revenues used to fund the project

b. Lookback period:

Years Passed New Revenue Credit

Score Multiplier

>3 years 0%

2-3 30%

1-2 40%

0-1 50%

After Jan. 2018 100%

E. Grant awards can’t exceed 20% of total project cost. Any individual state can’t receive

more than 10% of the amount available

II. Transformative Projects Program: makes available federal funding and technical assistance for

innovative and transformative infrastructure projects based on competitive basis to viable

projects unable to secure financing through private sector due to the uniqueness of the program.

Applicable projects must be exploratory and ground-breaking ideas that have more risk than

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standard infrastructure projects but offer a larger reward profile. Covered sectors include:

transportation, clean water, drinking water, energy, commercial space, and telecommunications.

Accounts for 10% of total appropriation.

A. Dept. of Commerce chairs administration of the program.

B. Eligible entities: States or groups of states, Puerto Rico, U.S. territories, metropolitan

planning organizations, units of local government or a group of local governments,

special purpose district or public authority responsible for maintaining infrastructure

facilities, public utilities, non-profits, tribal governments, multijurisdictional group of

eligible entities, private entities with sponsorship from an eligible public entity.

C. Funding tracks: Applicants could apply for all or specific tracks.

1. Demonstration: funding provided for planning, construction, deployment and

evaluation of demonstration trials. Can’t be used for applied R&D activities but

instead where a prototype is operated at or near full scale. Federal funding may be

used for up to 30% of eligible costs.

2. Project Planning: funding provided for final pre-construction activities – i.e. final

design and engineering. Demonstration trial must have occurred and been

successful. Must demonstrate construction would begin within a reasonable time

frame. Federal funding may be used for up to 50% of eligible costs.

3. Capitol Construction: funding provided for capital projects having independent

utility and ready for intended use upon completion. Federal funding may be used

for up to 80% of eligible costs.

a. Under this track, applicant required to enter into a financial partnership

agreement with the Federal Government requiring that if a project begins to

generate value, the Federal Government would have rights to share in the

project value. The Federal Government would not assert first claim under

any such agreement, would not accept a seat on any company’s board of

directors, and all partnership agreements would provide that the company

retains ownership of any and all intellectual property.

D. Minimum match requirements in the form of equity investments by private or nonprofit

organizations. Applicant must demonstrate equity is committed and available.

E. Federal technical assistance available in addition to funding tracks, but no funding

provided.

F. Dept. of Commerce would administer the program with an interagency selection

committee. A notice of funding opportunity would be published in the federal register

soliciting applications on an annual basis. Cost benefit analysis is required and

applications are limited to one per lead applicant, although there would be no limit to

the number of applications on which an applicant could be listed as a partner applicant.

G. Applicants selected would enter into a partnership agreement with the Federal

Government which would specify terms and would not exceed 7 years to outlay funds.

Milestones and schedules included in the agreement, the progress for which the lead

Federal agencies would conduct regular audits.

III. Rural Infrastructure Program: designed to encourage investment to enable rural economies,

facilitate freight movement, improve access to reliable and affordable transportation, etc. States

are incentivized to partner with local and private investment for completion and operation of

projects under this program. Accounts for 25% of total appropriation.

A. Eligible entities rural programs include:

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1. Transportation - roads, bridges, public transit, rail airports, and maritime and inland

waterway ports;

2. Broadband - and other high-speed data and communication conduits;

3. Water and waste – drinking water, waste water, land revitalization, and

Brownfields;

4. Power and electric – governmental generation, transmission and distribution

facilities; and

5. Water resources – inland waterway ports, flood risk management, maritime ports

and water supply.

B. Funding:

1. 80% of funds made available for states would be provided to the Governor of each

state via the following formula:

a. Ratio based on total rural lane miles in a state in relation to total rural lane

miles in all states and a ratio based on the total adjusted rural population of

a State in relation to the total adjusted rural population of all states.

2. 20% reserved for rural performance grants

a. States encouraged to do so within 2 years of enactment

b. Grants available for up to 10 years after enactment or until funds run out.

c. To qualify, states must publish a comprehensive rural infrastructure

investment plan (RIIP) within 180 days of receipt of formula funds.

3. Funds made available would be distributed as block grants without Federal

requirements, but must be used for projects in rural areas with a population of less

than 50,000.

4. Provides investment designed to address infrastructure needs on tribal lands and

U.S. Territories.

IV. Federal Credit Programs: designed to increase the capacity of existing Federal lending programs

to increase investment. Accounts for 7.05% of total appropriation.

A. Would establish the (1) Transportation Infrastructure Finance and Innovation Act, (2)

Railroad Rehabilitation and Improvement Financing, (3) Water Infrastructure Finance

and Innovation Act, and (4) United States Department of Agriculture Rural Utilities

Lending Programs under which specific funds would be set aside and appropriated to the

relevant U.S. agency and would remain available until 2028.

V. Public Lands Infrastructure Fund: would create a new infrastructure fund in the U.S. Treasury

called the Interior Maintenance Fund comprised of additional revenues from the amounts due

and payable to the U.S. from mineral and energy development on Federal lands and waters.

VI. Disposition of Federal Real Property: would establish through executive order the authority to

allow for the disposal of Federal assets to improve the overall allocation of economic resources

in infrastructure investment.

VII. Federal Capital Financing Fund: creates a funding mechanism similar to a capital budget but that

operates within the traditional rules used for the Federal budget by establishing a mandatory

revolving fund to finance purchases of federally owned civilian real property. Once approved in

an Appropriations Act, the revolving fund would transfer money to agencies to finance largedollar

real property purchases. Purchasing agencies would then be required to repay the fund in

15 equal annual amounts using discretionary appropriations. Accounts for 5% of total

appropriation.

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VIII. Private Activity Bonds: would amend 26 U.S.C. 142 to allow broader categories of publicpurpose

infrastructure, including reconstruction projects, to take advantage of PABs would

encourage more private investment in projects to benefit the public.

A. Elimination of the AMT provision and the Advance Refunding prohibition on PABs

B. Elimination of the transportation volume caps on PABs and expend eligibility to ports

and airports

C. Removal of state volume cap on PABs

D. Provide change-of-use provisions to preserve the tax exempt status of governmental

bonds

E. Require public attributes for core public infrastructure projects

F. Provide change-of-use cures for private leasing of projects to ensure preservation of tax

exemption for core infrastructure bonds

Principles for Infrastructure Improvements

I. Transportation

A. Financing

1. Allow states flexibility to toll on interstates and reinvest toll revenues in

infrastructure

2. Reconcile the grandfathered restrictions on use of highway toll revenues with

current law

3. Extend streamlined passenger facility charge process from non-hub airports to

small hub sized airports

4. Support airport and non-federal maritime and inland water way ports financing

options through broadened TIFIA program eligibility

5. Subsidize railroad rehabilitation and improvement financing for short-line and

passenger rail

6. Provide states flexibility to commercialize interstate rest areas

7. Remove application of federal requirements for projects with de minimis Federal

share

8. Expand qualified credit assistance and other capabilities for state infrastructure

banks

B. Highways

1. Authorize federal land management agencies to use contracting methods available

to states

2. Raise the cost threshold for major project requirements to $1 billion

3. Authorize utility relocation to take place prior to NEPA completion

4. Refund of federal investment to eliminate perpetual application of federal

requirements

5. Provide small highway projects with relief from the same Federal requirements as

major projects

C. Transit

1. Require value capture financing as condition for receipt of transit funds for major

capital projects (Capital Investment Grants)

2. Eliminate constraints on use of public-private and public-public partnerships in

transit

3. Codify expedited project delivery for Capital Investment Grants pilot program

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D. Rail

1. Apply Fast Act streamlining provisions to rail projects and shorten the statute of

limitations

E. Airports

1. Create more efficient federal aviation administration oversight of non-aviation

development activities at airports

2. Reduce barriers to alternative project delivery for airports

3. Clarify authority for incentive payments under the Airport Improvement program

4. Move oversight of AIP funds to post-expenditure audits

II. Water Infrastructure

A. Financing

1. Authorize Clean Water State Revolving Fund for privately owned public purpose

treatment works

2. Expand EPA’s WIFIA authorization to include flood mitigation, navigation and

water supply

3. Eliminate requirement under WIFIA for borrowers to be community water

systems

4. Authorize Brownfield rehabilitation and clean up of superfund sites under WIFIA

5. Reduce rating agency opinions from two to one for all barrowers

6. Provide EPA authority to waive the springing lien in certain lending situations

7. Increase the base level of administrative funding authorized to ensure EPA has

sufficient funding to operate the WIFIA program

8. Remove the restriction on the ability to reimburse costs incurred prior to loan

closing under WIFIA

9. Expand the WIFIA program to authorize eligibility for credit assistance for water

systems acquisitions and restructurings.

B. Water programs

1. Remove the application of Federal requirements for de minimis Federal

involvement

2. Provide EPA infrastructure programs with “SEP-15” authorizing language

3. Apply identical regulatory requirements to privately owned “public purpose”

treatment works and publicly owned treatment works

C. Inland waterways

1. Authorize all third party construction and operation arrangements as eligible

expenses for inland waterways trust fund and treasury appropriations

2. Authorize non-federal construction and operation of inland waterways projects

D. Water infrastructure resources

1. Authorize user fee collection and retention by the Federal government and third

parties under the WRDA Section 5014 pilot program

2. Expend U.S. Army Corps of Engineers’ authority to engage in long-term contracts

3. Authorize operation and maintenance activities at hydropower facilities

4. Deauthorize certain federal civil works projects

5. Expand authority for acceptance of contributed and advanced funds

6. Retain recreation user fees for operation and maintenance of public facilities

7. Amend the Water Resources Development Act to allow for waiver of cost limits

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8. Expand WIFIA authorization to include Federal deauthorized water resource

projects

III. Veterans Affairs: designed to provide Veteran’s with state-of-the-art facilities

A. Authorize VA to retain proceeds from sales of properties

B. Authorize VA to exchange existing facilities for construction of new facilities

C. Authorize pilot for VA to exchange land or facilities for lease of space

D. Increase threshold above which VA is required to obtain Congressional authorization for

leases

IV. Land Revitalization (Brownfield/Superfund Reform)

A. Replicate the Brownfield Grant/Revolving Loan Fund program for Superfund projects

B. Clarify EPA’s ability to create special accounts for third party funds for CERCLA clean

up response without state assurances

C. Provide liability relief for states and municipalities acquiring contaminated property

through actions as sovereign governments

D. Provide EPA express settlement authority to enter into administrative agreements

E. Integrate clean up, infrastructure and long-term stewardship needs by creating flexibility

in funding and execution requirements

F. Authorize national priority list sites to be eligible for Brownfield grants

G. Clarify risks to non-liable third parties that perform superfund cleanup.

(http://www.autoadmit.com/thread.php?thread_id=3867471&forum_id=2#35210652)

(http://www.autoadmit.com/thread.php?thread_id=3867471&forum_id=2#35210660)