American Rescue Plan Act Update – Dollars for Infrastructure

September 3, 2021

By: Brenna Malouf Durden

The State of Florida, through the Department of Emergency Management (“DEM”) is in the last stages of distributing American Rescue Plan Act (“ARPA”) funds to certain local governments in Florida. Overall, Florida received $7,105,927,713.00 for metropolitan cities, counties and “non-entitlement units of local government” – those with less than 50,000 population. The U.S. Department of Treasury disbursed $5,689,502,590.00 directly to counties and metropolitan cities. The DEM recently issued its formal agreement to the “non-entitlement” local governments for adoption and execution, in order to distribute the remaining $1,416,425,123.00. Those funds will be distributed in two “tranches” (or payments) – one in the near future and the second about 12 months after the first payment is made.

Funds may only be used to cover expenses incurred by the local government by December 31, 2024 which fall under four categories, including:

  1. Public Health and Economic Impacts;
  2. Premium Pay for Essential Workers;
  3. Revenue Loss; and
  4. Investments in Infrastructure.

Of particular interest for this reading audience is the last category – Investments for Infrastructure. Funds in this category may be used to improve access to clean drinking water, improve wastewater and stormwater infrastructure systems, and provide access to high-quality broadband systems.

For additional guidance regarding eligible uses of the ARPA funds, as well as impermissible uses, see https://www.regulations.gov/document/TREAS-DO-2021-0008-0002 / Federal Register, Vol. 86, No. 93, Pg. 26786.

For more information, contact Brenna Malouf Durden at bdurden@llw-law.com.