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Municipal
Public Access Alert: New Law Permits Electronic Meetings, but Requires Planning
The COVID-19 pandemic upended the norm for public meetings, and what was once unthinkable – members of a governing body meeting and voting virtually – became a welcome and many times necessary option almost overnight.
We analyzed the early exceptions to public meetings starting in March, 2020.1…
New Congressional Bills Introduced to Promote Multifamily Housing and Reinstate Advance Refunding (Affordable Housing Credit Improvement Act of 2021 and Local Infrastructure Financing Tools Act)
On April 15 and 16, 2021, two complimentary bills were introduced in Congress to address the country’s shortage of affordable housing and expand bond financing opportunities for local governments and nonprofits. The bipartisan Affordable Housing Credit Improvement Act of 2021 (AHCIA) was introduced…
American Rescue Plan Act Includes Money for State and Local Governments
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA). The $1.9 trillion stimulus plan, the first major legislative achievement for the President, passed along party lines. In addition to provisions aimed at funding a national vaccination program, COVID-19 testing,…
Indy’s Amazon HQ2 Records Shielded by APRA (and What it Means for Local Economic Incentive Records)
While Amazon’s “HQ2” RFP was national in scope, highly competitive, and well-publicized, an unintended consequence of that process is now apparent – can third-parties obtain records depicting incentives offered to Amazon? The Indiana Court of Appeals recently said no, finding that Indiana’s HQ2…
Emergency Public Works Project? In Addition to Obtaining Bids, Declare the Emergency on the Record.
Political subdivisions and their agencies occasionally find themselves faced with an emergency public works project. Because time is of the essence during an emergency, it may be difficult, if not impossible, for the political subdivision or agency to comply with the typical bidding processes…
IRS Provides Further Temporary Relief for LIHTC Projects Due to COVID-19
In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2021-12, extending temporary relief from certain requirements for qualified low-income housing projects and qualified residential rental projects that was previously provided under Notice 2020-53, as reported in our …
New Markets Tax Credit and Low-Income Housing Tax Credit Provisions Included in End-of-Year Coronavirus Relief Package
On Sunday, December 27, 2020, President Trump signed into law the bipartisan Consolidated Appropriations Act, 2021 (“Act”). The 5,593-page Act provides $900 billion in coronavirus disease 2019 (“COVID-19”) pandemic relief and $1.4 trillion in government funding for the rest of fiscal year 2021.…
Local Governments at Risk if Agent Waives Notice Requirement Under the Tort Claims Act
Typically, claims against governmental entities that sound in tort, such as negligence, are subject to the Indiana Tort Claims Act (“ITCA”).1 Besides limiting recovery to $700,000.00 individually and $5,000,000.00 in the aggregate,2 a party suing a governmental entity must comply with the ITCA’s…
IRS Provides Temporary Relief for LIHTC Projects Due to COVID-19
In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2020-53 to provide temporary relief for state housing credit agencies, bond issuers, owners and operators from time-sensitive requirements for qualified low-income housing tax credit (“LIHTC”) projects under Section 42…
IRS Postpones Time-Sensitive Deadlines for New Markets Tax Credit Investments and Expenditures
As part of his emergency declaration issued in March, President Donald Trump directed the Treasury Secretary to relax tax deadlines, as appropriate, in the face of financial uncertainty surrounding the COVID-19 crisis. In accord with that declaration, the IRS released Notice 2020-49 on June 12th to…
In Response to COVID-19, IRS Extends Safe Harbors for Renewable Energy Tax Credit Projects
On May 27th the Treasury Department and IRS issued Notice 2020-41 to address the industry-wide disruptions the COVID-19 pandemic is causing on the supply chain for components needed to complete renewable energy projects eligible to claim the production tax credit (“PTC”) or the investment tax…