Regulatory Alert: FAA Releases BIL Implementation FAQs Update; Guidance on Preventing PFAS Runoff at Airports Act
The Federal Aviation Administration (FAA) on March 17 released an updated frequently asked questions (FAQ) document that provides information for airport sponsors on the $20 billion that FAA is administering over five years for airport infrastructure improvements under the Infrastructure and Investment and Jobs Act (IIJA), popularly known as the Bipartisan Infrastructure Law (BIL).
In addition, FAA published a Program Guidance Letter (PGL) that provides guidance to airports on how the agency is implementing the Preventing PFAS Runoff at Airports Act, which temporarily increases to 100 percent the federal cost share of acquiring input-based aqueous film forming foam (AFFF) testing equipment. The legislation, which AAAE supported, was signed into law by President Biden in December 2022.
A brief overview of both documents is provided below.
Updated FAQ Guidance on BIL Implementation
Originally released in March 2022, the FAQs cover a wide range of questions regarding the Airport Infrastructure Grant (AIG) Program, which provides $15 billion ($3 billion annually) via formula grants to airports; the Airport Terminal Program (ATP), which provides $5 billion ($1 billion annually) to airports via discretionary, competitive grants for eligible terminal projects; and the FAA Contract Tower (FCT) Competitive Grant Program, which provides $100 million ($20 million annually) via discretionary, competitive grants for airports that own an FCT air traffic control tower.
In the updated document, FAA made one notable change to question U-16, which addresses whether an airport sponsor with multiple airports receiving AIG Program funds can transfer such funds between its airports. Previously, FAA noted that these funds may be moved between airports within the system. Under the new guidance, FAA provided further clarification:
Q-U16: Can an airport sponsor that owns multiple airports transfer AIG Allocated funds between its airports?
A: Yes with limitations. BIL specifically limits the amount of funding available for primary and nonprimary airports each fiscal year. BIL Airport Infrastructure allocated funds are airport sponsor specific funds, which can only be transferred between airports of the same funding type. Primary AIG allocations can only be transferred to an airport that was classified as primary in the year of the allocation. Similarly, nonprimary AIG allocations can only be transferred to an airport that was classified as nonprimary in the year of allocation.
For example: airport A is classified as primary in FY22 and nonprimary in FY23 while airport B is classified as primary in FY22 and FY23. Airport A can transfer FY22 money to airport B in FY 22 but not FY23. These funds can be transferred in any year until expired.
FAA Guidance on Preventing PFAS Runoff at Airports Act
Background. Under the Preventing PFAS Runoff at Airports Act, Congress temporarily increased the federal cost share to 100 percent for acquiring input-based AFFF testing systems, which eliminate the need for PFAS-containing firefighting foam to be discharged onto the ground or into a collection and containment vessel. The law also directed FAA to brief Congress on options to reimburse airports that already acquired equipment without, or with reduced, federal funding. President Biden signed the bill into law on December 20, 2022.
Summary of FAA's PGL. In the PGL, FAA provided some additional details on how airports can take advantage of the new increase in federal cost share for this equipment.
• Funding Sources: Airports must use funding made available in fiscal year 2023 (FY23) or later until the authority expires. FAA explained that there will be no local match requirement and equipment will be fully funded by FAA if an airport uses FY23 funds to procure the equipment, which includes FY23 AIP funds or FY23 BIL AIG funds.
• Eligible Equipment: FAA noted that eligible equipment includes AFFF testing systems based on the criteria and conditions outlined in PGL 19-01. That guidance allows for one set of external equipment per airport and also allows for other types of input-based testing when acquiring new airport rescue and firefighting (ARFF) vehicles.
• Expiration of Authority: FAA's new authority to temporarily increase the federal cost share to 100 percent for input-based AFFF testing systems will expire on April 29, 2024.
