Under the provision of the Energy Act (Energy Independence and Security Act of 2007, Public Law 110-140), the federal share of CMAQ funded projects was permitted to increase up to 100 percent. The Energy Act, however, was only applicable to funds obligated during Federal Fiscal Year (FFY) 2008 through FFY 2012.
With the end of FFY 2012, how does this affect your future CMAQ projects?
The opportunity to obligate CMAQ funds on your projects with 100 percent federal reimbursement will no longer exist as we enter the new FFY. The maximim legal pro rata for CMAQ-funded project will be 88.53%. The Division of Local Assistance will not be able to process requests for authorization for any projects that refers to the provision of the Energy Act to increase federal shares.
Although CMAQ funded projects will not qualify for 100 percent federal reimbursement through the Energy Act, the use of Toll Credits still exists and may be worth considering and discussing with your MPO/RTPA.