Agenda - 11-22-2004-d1 - Laserfiche WebLink

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Policy Act requirements which apply to private sector entities are not eligible for CMAQ funds, However, if the private or non - profit entity is clearly exceeding its obligations under Federal law, CMAQ funds may be used for that incremental portion of the project. Decisions over which projects and programs to fund under CMAQ should continue to be made through a cooperative process involving the State departments of transportation, affected MPOs, transit agencies and State and local air quality agencies. All projects funded with CMAQ funds must be included in conforming transportation plans and TIPs in accordance with the metropolitan planning regulations (23 CFR 450.300), the transportation conformity requirements (40 CFR parts 51 and 93), and NEPA requirements. Activities eligible to be considered as meeting the local match requirements under the publicprivate partnership provisions include: • Ownership or operation of land, facilities or other physical assets; • Carrying out construction or project management; and • Other forms of participation approved by the U.S. DOT Secretary The TEA -21 also contained special provisions for alternative fuel projects that are part of a public- private partnership. For purchase of privately -owned vehicles or fleets using alternative fuels, activities eligible for CMAQ funding are limited to the Federal share of the incremental cost of an alternative fueled vehicle compared to a conventionally fueled vehicle. Further, if other Federal funds are used for vehicle purchase in addition to CMAQ funds, such Federal funds must be applied to the incremental cost before CMAQ funds are applied. Cost sharing of total project expenses, both capital and operating, is a critical element of a successful public- private venture. This is even more important if the private entity is expected to realize profits as part of the joint venture. State and local officials are urged to consider a full range of cost - sharing options when developing a public - private partnership, including a larger State /local match than the usual 20 percent required under Federal law. 5. Alternative Fuels: The purchase of publicly - owned, alternative fuel vehicles is eligible for CMAQ funding (for information on eligible public- private sector alternative fuel projects see the discussion on public - private partnerships above). Since all alternative fueled vehicles are not necessarily good for air quality, proposals for alternative fuel conversion should be coordinated with the State air agency and be aimed primarily at air quality improvement. As with all CMAQ proposals, it must be demonstrated that the proposed switch to alternative fuels is effective in reducing the specific pollutant(s) causing the air quality violation. Fleet conversions no longer need to be specifically identified or included in the SIP or maintenance plan in order to be eligible for CMAQ funding. Consideration of such projects should be coordinated with air quality agencies prior to selection for funding under the