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The USDA’s ReConnect Program Is Back in the Broadband Infrastructure Funding Picture—and at a Critical Time

While the BEAD Program continues to garner most of the attention when it comes to federal funding for broadband infrastructure deployment programs, in this blog we have consistently underscored that (1) there are other sources of funding available and (2) the BEAD Program may not be the best fit for every entity and project. The … Continue Reading

Fast Forward to 2024: Latest Developments in Broadband Projects and BEAD Funding

With the start of a new year came renewed activity in the broadband space at the state and federal levels. As expected, there were developments related to the Broadband Equity, Access, and Deployment (“BEAD”) program, the federal broadband funding program administered by the National Telecommunications and Information Administration (“NTIA”). In our previous blog post in … Continue Reading

FUNDING FOR BROADBAND INFRASTRUCTURE PROJECTS: WHAT’S NEXT (PART III)

In our last post, we previewed that states would be spending the months leading to December 2023 preparing “Initial Proposals” to award the funds that the National Telecommunications and Information Administration (NTIA) allocated to them under the Broadband Equity, Access, and Deployment program (the “BEAD program”). The Initial Proposals are the documents that must (1) … Continue Reading

New Technical Assistance Resources:  If You Are Not Shovel Ready, Here’s How to Start the Process

In September, the White House released a “Fact Sheet” addressing technical resources to assist communities to unlock resources needed to take advantage of the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) and other infrastructure funding opportunities.  … Continue Reading

Best P3 Practices for the US Webinar Series

We are pleased to announce a four-part webinar series based on developing best practices for US public-private partnerships (P3s). P3s are coming into their own across the US with high expectations as to how federal and state infrastructure funds can be leveraged when partnered with the private sector. Partnerships are complex on a good day … Continue Reading

A Summer of Reform for the National Environmental Policy Act

The National Environmental Policy Act (NEPA) plays a critical role in infrastructure and energy project development. The statute requires federal agencies to consider the environmental impacts of proposed major federal actions as part of the agencies’ decision-making process. Most proposed projects that require a federal approval, such as a permit, or that receive federal financing … Continue Reading

2023 SMART Funding Open until October 10, 2023:  Check it out.

Established by the Infrastructure Investment and Jobs Act (IIJA), the Strengthening Mobility and Revolutionizing Transportation (SMART) Program awards grants to various public sector agencies – state, local, and tribal governments, public transit agencies, metropolitan planning organizations – to execute projects that use advanced technologies to improve transportation efficiency and safety. The Fiscal Year (FY) 2023 … Continue Reading

P3 State Legislation Update and Opportunities for the Private Sector

P3 state legislation continues to expand and move forward with governors signing legislation into law and sending some bills back to legislatures for review and revision. The states have in common efforts to define the breadth and depth of projects suitable for public private partnerships and many are working to establish specific offices to manage … Continue Reading

Funding for Broadband Infrastructure Projects: What’s Next (Part II)

As previewed in our earlier post, the National Telecommunications and Information Administration (“NTIA”) announced how much money each state and territory will be allocated as part of the Broadband Equity, Access and Deployment program (the “BEAD Program”). Nineteen states were allocated more than $1 billion: Alabama, Alaska, Arkansas, California, Florida, Georgia, Illinois, Kentucky, Louisiana, Michigan, … Continue Reading

Funding for Broadband Infrastructure Projects: What’s Next

Broadband maps and the promise of a boom in broadband infrastructure projects remain a focus of federal, state, and local leaders. Recently, the Federal Communications Commission (FCC) published an updated version of the National Broadband Map, which identifies all locations in the United States where broadband service is or could be available and what broadband … Continue Reading

Chasing the Infrastructure Funding, Amid Layers of Federal Requirements

With a divided U.S. Congress and presidential and congressional elections looming in 2024, U.S. President Joe Biden looks to boost labor protections using available executive and regulatory mechanisms within his control. Notably, one White House initiative will soon come into greater focus for large-scale, federally-funded construction projects – President Biden’s Executive Order (E.O.) 14063. Signed … Continue Reading

IRA Provisions for New Hydrogen Production Tax Credit

The Inflation Reduction Act (IRA) (Pub. L. 117-169) was signed into law on August 16, 2022. The IRA includes significant tax provisions, as well as nearly US$370 billion in federal funding for clean energy and environmental projects in the form of competitive grants, cooperative agreements, and loan programs. Notably, the IRA provides for a new … Continue Reading

Evolution of State of the Art Airports and the Role of Public Private Partnerships

Walking through LaGuardia Airport in 2023, you might forget that just a few years ago the terminals were woefully out of date. Featuring leaky roofs and cramped waiting areas, the Wall Street Journal commented that the old terminal B at LaGuardia was “possibly the worst major airport in the world.” To combat its woeful reputation, … Continue Reading

Public-Private Partnerships in 2023’s Economic Environment

As we end the first quarter of 2023, it’s safe to say no one could have anticipated the myriad of challenges that now face public-private partnership (“P3”) deals. Inflation continues unabated, while interest rates continue to rise. Supply chains are complicated and tangled, and the high-profile closure of Silicon Valley Bank and the two-stage rescue of First … Continue Reading

Fargo-Moorhead Flood Risk Management P3 Wins Deal of the Year

The Bond Buyer announced its annual Deals of the Year in several categories. The winner in the P3 category was a bond issuance which financed a portion of the $2.75 billion Fargo-Moorhead Metropolitan Area Flood Risk Management Project. The Fargo Moorhead project is a public-private partnership (P3), between the Red River Valley Alliance and the … Continue Reading

UK Infrastructure Bank – Now Firmly Established and Lending

Those familiar with the UK infrastructure and energy sectors will be aware be aware that a Government-owned bank, established to fund projects in these sectors, has been talked about for some years, partially as a response to Brexit and the withdrawal of the European Investment Bank from the UK market, and also following the Government’s … Continue Reading

Colorado Creates P3 Office

During the 2022 session, the Colorado legislature created a Public Private Partnership Office with the Colorado Department of Personnel & Administration. The office was created by the legislature to facilitate the use of public private partnerships as a project delivery device to develop underutilized state land, and to promote the use of P3 as a … Continue Reading

Regulation of PFAS Could Have Widespread Impacts for New Projects

As we noted in a prior post, linked here, US EPA has proposed to designate two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” CERCLA provides the Federal government with the authority to respond to releases or threatened releases of hazardous substances … Continue Reading
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