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At the start of 2022, U.S. Treasury released the Final Rule governing implementation of the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. As detailed here, the new rule was considered to be a significant and crucial win for local governments working to support their constituents amidst the ongoing public health crisis.

BBK’s extensive work on behalf of municipalities nationwide provided the firm’s Telecommunications team and other firm attorneys with numerous opportunities to successfully advocate for key Final Rule changes.

BBK Partner Gerry Lederer represented a coalition that played a leading role in earning an expanded universe of broadband projects for which cities and counties can use ARPA funds. The coalition submitted a filing with suggested changes to the Interim Final Rule with Treasury on behalf of the U.S. Conference of Mayors, Montgomery County, Maryland, Texas Coalition of Cities for Utility Issues, and numerous major metropolitan cities, including Boston, Chicago and Los Angeles.

BBK has also worked closely with the National League of Cities (NLC) to develop comments for Treasury on the use of the Coronavirus State and Local Fiscal Recovery Funds. NLC’s comments and overall efforts on this issue resulted in multiple changes in the Final rule.

Additionally, the firm worked closely with a number of municipalities to submit individual comments on ARPA and the use of Coronavirus State and Local Fiscal Recovery Funds.

“We are grateful to Treasury for being so responsive to local governments’ comments as reflected in the additional flexibility to be found in the Final Rule, as this flexibility will benefit communities and their residents across the nation,” Gerry stated.

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