IIJA

Total of $100 million over five years: • Fund state and local government technical, financial and legal advisory service costs for alternate project delivery; • Covers pre-implementation costs, including: Identifying appropriate assets or projects for concessions; Developing and issuing requests for proposals; Risk analysis;

• Projects sponsored by State and local governments. Up to $2m per project. State cap of $4m over 3 years. • (b) ESTABLISHMENT.—The Secretary shall establish a program to facilitate access to expert services for, and to provide grants to, eligible entities to enhance the technical capacity of eligible entities to facilitate and evaluate public-private partnerships • (B) the terms of which do not include any noncompete or exclusivity restriction (or any other, similar restriction) on the approval of another project.

Limited to Title 23 or Title 49 projects only?

Will BAB provide grant funding rather than advisors?

How Binding is the noncompete provision?

No mention in statute

How do advisors want to be impaneled?

What does guidance need to say about conflicts?

What are criteria for BAB to judge advisor qualifications?

‘‘(iii) the eligible entity and the concessionaire agree that the costs for a fiscal year of the agreement or lease, and any project carried out under the agreement or lease, shall not be shifted to any taxpayer the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset

What should guidance say about this income limitation?