2023 Legislative & Regulatory Priorities
- AMAC is in strong support of a timely reauthorization of FAA Programs, including Airport Improvement Program (AIP) funding, and continuation of the DBE/ACDBE programs. Without congressional action, the authority for these programs will expire on September 30, 2023. The reauthorization of the DBE/ACDBE programs is a critical AMAC priority and we urge AMAC members to fully support their renewal.
- A key feature of the DBE/ACDBE programs is the AIP grant assurance by an airport receiving AIP funding that it will use “good faith efforts” to provide business opportunities to DBE/ACDBEs. AMAC will continue to urge Congress to retain this feature of the Airport Improvement Program.
- An increase in the Personal Net Worth (PNW) cap much higher than the current $1.32 million threshold is warranted. The substantial capital investment and higher operating costs associated with airport concessions, as well as bonding and insurance costs for capital projects affect the ability of both ACDBEs and DBEs to obtain loans and satisfy financial requirements and commitments established by airports.
- Retirement assets should be excluded from the PNW calculation.
- Reinstate the previously allowed exclusion of up to $3 million of pledged assets necessary to obtain financing or a franchise agreement for initiating or expanding an ACDBE firm.
- The ownership interest in all ACDBEs owned by the same applicant should be excluded from the PNW calculation because the common principal for all affiliates is the disadvantaged individual. The disadvantaged individual should not be penalized for segmenting risks by setting up separate companies for each business venture.
- DOT/FAA should issue guidance and clarity on the calculation for an ACDBE’s business size to ensure that only revenue attributable to an ACDBEs portion/percentage of its ownership interest is counted in that calculation, particularly as this relates to joint ventures.