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Transportation Funding

Transportation funding exists at the local, regional, state and federal levels. Different levels of government in California have authority to raise revenues or receive state or federal funds for transportation projects. Our attorneys are well-acquainted with the primary transportation funding sources associated with the Federal Transit Administration and the California Transit Authority. Meyers Nave helps clients understand the wide range of opportunities to fund transportation projects and how projects can be designed to take advantage of multiple sources of funding.

We advise clients on meeting the requisite guidelines and following best practices to receive funding from numerous agencies. For example, we have issued legal opinions and advised clients in connection with grant applications for state and federal transportation funding from programs such as the federal FAST Act, state Infill Infrastructure Grant program, Transportation Investment Generating Economic Recovery program, Transit-Oriented Development program, California LTF and STA programs, HOME Investment Partnerships program, and Neighborhood Stabilization Program, among many others.

Our public finance attorneys have special expertise with transportation revenue sources at the local level, including allocations, development agreements, development impact fees, parking pricing, school bonds, and voter-approved local sales tax measures with detailed plans for spending on specified transportation projects. We also work extensively with metropolitan planning organizations (MPOs), regional transportation planning agencies (RTPAs) and county transportation commissions as they plan, coordinate and distribute funds for the local and regional projects listed in their regional transportation plans (RTP) and regional transportation improvement programs (RTIP).

Meyers Nave understands the complex regulatory landscape that impacts transportation planning and requires local agencies and their legal advisors to address a myriad of funding, permitting and environmental review requirements. We have represented public entities in matters that must comply with the California Department of Transportation (Caltrans) Manual, in dealings with the California Transportation Commission, and in establishing and enforcing regional transportation development fee programs that address a wide range of infrastructure needs. We also provide legal support on a variety of transportation programs and related agreements that are associated with Agency fund administration.

Our regional, state and federal grants and funding program experience also includes the Active Transportation Program, Congestion Mitigation and Air Quality Improvement Program, Environmental Justice and Community-Based Transportation Planning Grants, Highway Safety Improvement Program, Regional Surface Transportation Program, Safe Routes to School Program, State Transportation Improvement Program, Sustainable Communities Planning Grants, and Transportation Alternatives Program.

Examples of our experience include:

  • Regional Transportation Projects and JPA in Alameda and Contra Costa Counties
    We assisted several agencies in preparing a joint powers agreement with the cities of Livermore, Pleasanton, San Ramon and Danville and the counties of Alameda and Contra Costa to jointly provide funding for a number of regional transportation projects, including the I-580/I-680 interchange, which needed local funding to obtain state or federal funding. We drafted the joint powers agreement, helped review the expenditure plan (which described the improvements to be funded) and prepared the documents that impose a fee on new development to fund the improvements. Each of the entities adopted the same fee and the fee revenues have been used to complete the reconstruction of the I-580/I-680 interchange along with other projects.
  • Funding Projects for the Ventura County Transportation Commission
    In our role as General Counsel to the VCTC, we have advised on federal highway grant funding agreements, applications for TIGER grants, and funding agreements for freeway improvements related to increasing transportation efficiency (carpool lanes and HOT lanes). Meyers Nave also regularly counsels Commission staff regarding grant, contract and allocation agreements pertaining to PTMISEA funds.