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Project Delivery / Program Monitoring

Annual Obligations

The following documents contain lists of projects within the MTC region that have received obligation of funds by the Federal Highways Administration (FHWA) and the Federal Transit Administration (FTA) over the past few years. Most, but not all of the funds, are subject to the SAFETEA, AB-1012 and MTC Resolution 3239 and Resolution 3606 deadline requirements for the obligation of funds.

Discretionary Funding Reports

Background

Under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) legislation, which was signed into law by President George W. Bush in August 2005, two of the major funding programs, the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) maintained the same flexibility as authorized under the previous legislation, Transportation Equity Act for the 21st Century (TEA-21). This flexibility allows STP and CMAQ funds to be spent on mass transit, pedestrian and bicycle facilities, as well as on roads and highways. However, along with this funding, come strict deadlines on the obligation and reimbursement of these funds. These delivery deadlines at the federal, state and regional levels are outlined below:

Federal Requirements (SAFETEA)

STP, CMAQ, and FTA funds (among other programs) must be obligated within 4 years of apportionment. Funds not obligated are lost to the state.

State Requirements (AB-1012)

Regional STP and CMAQ funds must be obligated within 3 years of apportionment. Funds not obligated are lost to the region.

Regional Requirements (MTC Resolution No. 3606)

The Bay Area Partnership, through MTC Resolution No. 3606, has imposed additional regional requirements, including obligation, award and invoicing deadlines, to expedite project delivery and ensure funds are not lost to the region.

Project-Funding Delivery Policy (MTC Resolution No. 3606)

The STP and CMAQ Programs, as well as other federal funds, are subject to regional project delivery policies. These policies are critical to ensure that the region is able to use its federally apportioned transportation funding in a timely manner. By meeting delivery targets, the region is able to maximize its use of federal funding on transportation projects. In addition, if the region is successful in meeting state-mandated delivery deadlines, it may be rewarded with more transportation dollars.

State Legislation (AB-1012) established penalties for not delivering STP, CMAQ funded projects within certain prescribed deadlines. MTC, working with its partners, has imposed its own deadlines to ensure funds are not lost to the region. These delivery deadlines at the federal, state and regional levels are outlined below:

The region has established deadlines for funding in the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement (CMAQ) Program to ensure timely project delivery against state and federal funding deadlines. This policy establishes rules for enforcing project deadlines for these funds during the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA). 

Key elements of the proposed revised policy (MTC Resolution No. 3606) include:

  • Obligation requests must be submitted to Caltrans Local Assistance by February 1 of the year the funds are programmed in the federal Transportation Improvement Program (TIP).
  • Funds must be obligated by April 30 of the year programmed in the TIP.
  • The agency must execute and return the Program Supplement Agreement (PSA) to Caltrans within 60 days of receiving the PSA from Caltrans.
  • Once obligated, funds must be invoiced against at least once every six months.
  • For funds contracted out, a contract must be awarded within 9 months of obligation.
  • Projects must be closed out within six months of final invoice.

Funds that do not meet these deadlines are subject to deprogramming by MTC, or deobligation by Caltrans/FHWA.  There is no guarantee the funds will be available once deprogrammed or deobligated.

In addition, implementing agencies that have projects that fail to meet the requirements of the regional project delivery policy, regardless of federal fund source, will have Obligation Authority (OA) limited for subsequent projects and restrictions placed on future programming.

The intent of this regional delivery policy is to ensure implementing agencies do not lose any funds as a result of missing a federal or state funding deadline, while providing maximum flexibility in delivering transportation projects. MTC has purposefully established regional deadlines to provide the opportunity for implementing agencies, the Bay Area Congestion Management Agencies (CMAs), Caltrans, and MTC to solve potential problems in advance of losing funds due to a missed state or federal deadline.

Additional background information may be found at: Regional Project Funding Delivery Policy Supporting Documentation (PDF)