Agenda

Return

LEGISLATION COMMITTEE

Meeting Date:	03/14/2016
Subject: Federal Earmark Repurposing
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2016-09
Referral Name:	Federal Earmark Repurposing
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-335-1097

Information

Referral History:

The County's federal advocate, Paul Schlesinger, of Alcalde & Fay, brought this matter to staff's attention on Mar. 10, 2016.

On Mar. 8, 2016 the Federal Highway Administration (FHWA) released materials implementing a provision from the FY ’16 Appropriations bill aimed at “repurposing” old, unspent federal earmark funding. Our federal advocate notes that this could be a great opportunity for us.

Attached is the FHWA guidance memos and the charts of old earmarks in California.

Note that there is still some money available for projects related to Route 4, I-680, Vasco Road, Oakley, and something in the City of Richmond.

Referral Update:

The biggest legitimate argument against earmarks was that, in some cases, money was being dedicated exclusively to projects that were not going anywhere, thus making that money unavailable to help meet the very great needs facing our country.

The Transportation Appropriations bill for FY 2016 authorizes states to "repurpose" earmarks designated before September 30, 2005, administered by the Federal Highway Administration, and 1) less than 10% obligated, or 2) – essentially – completed. The repurposed funds must be used on a new or existing project within 50 miles of the original designation, and must be eligible under the Surface Transportation Block Grant Program (the most flexible of the federal transportation programs; almost anything imaginable would be eligible).

All requests for repurposing funds must be made by September 12, 2016 and obligated by September 30, 2019.

The non-federal share is the same as was associated with the original earmark.

Charts released yesterday by FHWA indicating earmarks in the State the funding of which are eligible for repurposing within 50 miles, and the amounts available, are attached. (Attachment B)

Also attached is the Guidance Memorandum and Frequently Asked Questions that FHWA released yesterday. (Attachment A)

Recommendation(s)/Next Step(s):

Our federal advocate and staff could be directed to work with CalTrans, telling them that we would like to obligate the funding we had worked for and that we do not want to see those earmarks for Contra Costa County projects repurposed to other areas.

The County should start working with CalTrans, and perhaps the Metropolitan Transportation Commission, as soon as possible to ascertain how they intend to work this process.

Fiscal Impact (if any):

Unknown at this time. Repurposing of federal earmarks could bring additional resources to Contra Costa County for transportation projects.

Attachments
Attachment A: FHWA Guidance Memo
Attachment B: CA Chart