FTA Changes Matching Fund Rule

The Federal Transit Administration has made a significant rule change for projects seeking to receive Capital Investment Grant funding.

The agency no longer will prohibit grant recipients from using CIG grants as part of their local funding match when applying for grants.

That prohibition, which had been imposed during the Trump administration, has been criticized for establishing barriers to certain public transit projects.

In a letter sent this past week the FTA said it will now “rely on the CIG statutory framework”to ensure that projects have met federal transportation law, the Major Capital Investment Projects Final rule, and the CIG Final Interim Policy Guidance published in June 2016.

Some congressional Democrats had accused the Trump administration of using funding policies to delay or thwart such Northeast Corridor rail infrastructure projects as replacing the century old Portal Bridge and constructing a new tunnel linking New York City and New Jersey under the Hudson River, also known as the Gateway project.

Under the new FTA policy, states will be allowed to use federal loans to cover their share of a project’s costs, something New York and New Jersey had planned to do with their federal loans in order to meet their 50 percent match of funding for the Gateway project.

Former Secretary of Transportation Elaine Chao had in May 2018 prohibited states from using federal loans as part of their project match funding.

Although Congress a year later prohibited USDOT from doing that, the agency continued to maintain its policy of banning use of loans for state matching funds.

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