TOCI Frequently Asked Questions

What is the Transit Oriented Communities Infrastructure Grant Program (TOCI)?

TOCI is the shorthand name for the Transit Oriented Communities Grant Program in DOLA’s online grant portal system. TOCI was created in response to HB24-1313 (C.R.S. § 29-35-210 et seq.) and offers state assistance to local governments in upgrading infrastructure and supporting regulated affordable housing in Transit Centers and designated Neighborhood Centers within certified Transit-Oriented Communities.

What type of entities are eligible to receive a Transit Oriented Communities Infrastructure Grant award?

Eligible entities include municipalities, counties, cities, and city-counties certified by DOLA as a Transit Oriented Community. Local governments in the process of being certified as a TOC may apply for TOCI funding. However, if awarded, the grant is contingent upon obtaining TOC certification within 90 days of the award.

Could two or more jurisdictions partner on a grant application or project?

Yes! Municipalities or counties may partner on a multijurisdictional project. However, all participating jurisdictions must be certified by DOLA as TOCs. 

What does ‘regulated’ affordable housing mean?

Regulated affordable housing refers to affordable units created for the purpose of remaining affordable through a legally binding mechanism, such as a LURA, land use covenant, or other such regulatory agreement.

While there is no minimum or maximum AMI required to be considered “affordable,” the applicant must define affordability utilizing a locally accepted definition by the jurisdiction’s governing body. Additionally, the applicant should refer to a recent housing needs assessment or housing action plan, if one exists, for additional local context pertaining to affordability and housing needs. 

Are impact fees an eligible TOCI cost? 

No. Local impact fees are not eligible for TOCI reimbursement and should not be included in the grant budget as part of the grant request or matching funds. 

What qualifies as a ‘large-scale’ infill development?

What is considered ‘large-scale’ may be context-specific to each jurisdiction. Applicants should demonstrate why a project may be considered large-scale for their community using a percentage of units planned in comparison to the number of units currently existing within a specific radius of the project site. 

Does TOCI allow a jurisdiction to build infrastructure pre-emptively to enable the potential for future housing?

Yes. Housing does not have to be immediately planned for the infrastructure project to be eligible for TOCI funding. If the applicant does not have immediate plans for housing, they should communicate their plans for encouraging development and tracking future development in the area of the infrastructure project. Competitive proposals will demonstrate a partnership between the developer and the local government (such as an MOU or letter of commitment) or other evidence that the housing project is pursuing entitlements. However, it is not required to apply.

The guidelines state that work must begin within 3 months of the award or within 3 months of the certification as a TOC, whichever occurs second. Do we need to be performing infrastructure delivery within 3 months of the award?

No. “Work” may include planning phases, contractor mobilization, contractor solicitation, construction, or other means of work related directly to the milestones and timeline included in the application. To receive points for readiness, the applicant does not need to demonstrate that the project is prepared to begin site work unless that is already part of the timeline as scoped. 

Are design or other predevelopment costs eligible for TOCI funding? 

Yes. Design may be part of a proposal for TOCI, but it must have a build component in the timeline. Design-only applications will not be considered. 

Other predevelopment costs (soft costs) are also eligible for TOCI. Predevelopment costs included in the grant budget should meet the general cost principles (2 CFR Part 200 Subpart E) of necessary, allocable, reasonable, allowable, and consistent. It is suggested that no more than 25% of the total grant budget be allocated toward soft costs.

Can we partner with a contractor, developer, or other subrecipient to deliver the infrastructure project? 

Yes. the TOC may contract with another subrecipient to complete the project as designed. This may include, but is not limited to, a consultant, a developer, a contractor, or a regional entity. However, the local government certified as a TOC must be the lead applicant on the project to be eligible. Please note that, if awarded, requests for reimbursement may only come through the TOC jurisdiction, and payments from the state cannot be paid directly to any subrecipient.

What may be considered ‘emergency services infrastructure’?

Emergency Services Infrastructure may include, but is not limited to: sidewalk width for evacuation using transit, ample connections to a transit area for evacuation, visibility to and for escape routes, stairway width, sound, recording, and closed circuit TV monitoring. 

Is a project site that is only partially within a Transit Center eligible for TOCI funding?

Projects that are partially with a Transit Center or Neighborhood Center within a certified TOC community may be eligible. The TOC applicant must demonstrate that the project primarily benefits the Transit Center or Neighborhood Center. 

Does the language for the impact criterion under scoring indicate that all items in the list must apply only to regulated affordable housing? 

No. Regulated affordable housing is a standalone noun and does not apply to regulated affordable housing as an adjective to the rest of the list in the series because of commas and typical statutory construction.

Are Right of Way (ROW) acquisition costs eligible for TOCI funding? 

Although some right of way acquisition costs may be eligible, the scope of those costs must be approved by DOLA staff. Competitive applicants will already have the right of way acquired. 

Does the language for the responsiveness criterion under scoring indicate that we can only base our housing needs on income? Can we consider the need for specific types of affordable housing for adopted affordability strategies? 

Yes, specific types of affordable housing may be considered responsive. For example, affordable housing for aging adults would still qualify. 

Is onsite infrastructure eligible for TOCI funding?

Onsite infrastructure may be considered in certain circumstances, such as regulated affordable housing projects, housing authorities, and/or publicly-owned housing. However, the scope of onsite infrastructure must be approved by DOLA staff before application.

Service line extensions are considered part of housing construction and are not eligible.

When does the clock start to become certified TOC if awarded through TOCI?

Local governments in the process of being certified as a TOC may apply for TOCI funding. However, if awarded, the grant is contingent upon obtaining TOC certification within 90 days of the award. This begins at the time of contract execution, not at the time of the Notice of Award (NOA). 

Is there an award maximum?

No. DOLA has not set a cap on the maximum (or minimum) award amount for this program to allow for flexibility. The suggested maximum award amount is $4 million; however, DOLA expects most awards to fall within the $1,000,000 to $3,000,000 range. The award amount should be proportional to the impact on local housing needs, community benefits added, and/or inequities addressed. Competitive strategy can be discussed in the required pre-application meeting with DOLA.

What is the match requirement?

The specific match amount is listed in your grant agreement. A minimum of 25% local match of the total project cost is required in most cases. Local match may include a financial commitment from partners (e.g., COGs, housing authorities, developer partners, etc.). Federal funds may be used as matching funds. Other state funds may also be used as matching funds as long as they are not from other DLG grant programs. In-kind match (e.g., staff time) will not count towards the match requirement. Please note that ineligible TOCI costs cannot be used to meet match requirements.

Applicants able to provide a higher level of match may be scored more competitively, although all applicants will be evaluated on the contents and merit of their application and the intended impact of grant fund utilization towards infrastructure implementation. An applicant experiencing financial hardship may request a reduced level of matching funds upon consultation with DOLA Grants Staff before submitting their application with a reduced match.

Can you show an example of a project budget and how to calculate local match?

To clarify, the 25% match is based on 25% of the total eligible project cost, not 25% of the grant request amount. The table below shows two different example scenarios where the grant request reflects 75% of the total project cost, while the local match represents 25% of the total project cost.

• Applicants should use the TOCI budget template provided. Cost line items should be specific and include narrative details of the cost justification.
• It is acceptable to group some components under the same line item.
  • An example of this may be including different materials under “Raw Materials”. The cost justification should include how the cost was estimated and for which materials.
  • It is not acceptable, however, to overgeneralize costs. An unacceptable example might look like grouping raw materials, labor, and site grading all under one line item titled “Construction”.
• To be counted as part of the total project cost for the grant (whether as part of matching funds or the grant request), the costs must be TOCI eligible.
• Grant awards will be made in whole numbers. Figures in your budget should generally be rounded up to reflect the project cost in whole numbers.
• The application includes space for a budget narrative description. The budget narrative should describe and explain how funds will be spent.

Is the 25% cap on soft costs a required maximum?

No. It is suggested that no more than 25% of the total grant budget be allocated toward soft costs. However, a higher soft cost percentage may be considered with additional cost justification. Reviewers will consider all costs based on the project’s needs and impact, among other criteria.

How soon would we have access to these grant funds, if awarded?

Awards may take longer to announce for TOCI than some other grant programs due to the complexity, timing, and nature of these funds. Notices of awards are expected in early 2026. Applicants will receive updates on timing as they are available. Grant agreement processing typically takes 3-8 weeks, depending on how many awards are being processed and how quickly the grantee provides required paperwork. Therefore, it may be 12 or more weeks after the application process before new grantees will be able to begin project implementation.

Note: Any expenses incurred before the execution of the grant agreement cannot be reimbursed.

Are we allowed to take indirect costs using the de minimis or our NICRA?

No. Indirect costs are not eligible costs for the Transit Oriented Communities Infrastructure Grant program.

Can we hire new employees with grant funds?

No. New staff salaries and fringe benefits are not eligible costs associated with this grant. However, funding through the Local Capacity Planning Grant (LPC) may be available to fund new staff if it is a previously unbudgeted position with primary job duties that are directly related to the scope of the local government’s LPC grant award.

Can Transit Oriented Communities Infrastructure Grant funds cover existing employees’ time and effort for the applicant jurisdiction for the infrastructure project delivery?

No. Existing staff salaries and fringe benefits are not eligible costs associated with this grant.

We currently have a contract in place with a consulting firm or developer for similar infrastructure updates. Can we retain the same consultant or subrecipient to perform the work for our TOCI grant without rebidding or issuing a new RFP?

It may be acceptable for a local government grantee to use a previously engaged consultant or contractor from a different project (e.g., infrastructure delivery on the same project with a different scope or design work for other infrastructure projects) on the TOCI work.

There needs to be a nexus between the previously procured/ongoing work (e.g., infrastructure delivery) and the work that will be funded by TOCI. Similarly, the consultant needs to be appropriate and qualified for the TOCI work.

The applicant needs to provide DOLA with documentation of their original procurement process for getting the consultant, contractor, or subrecipient as part of the awarding and contracting documentation. The documentation must clearly explain that because a qualified consultant was recently retained to do similar work, the local government does not need to rebid the work.

It will be important for the consultant, subconsultant, or other subrecipient to give the work completed under TOCI a different project number (for invoice purposes) that delineates TOCI contract work from the original work. DOLA will look for this (as well as work dates) when reviewing reimbursement requests. Invoices need to be clear on which line items apply to the TOCI contract work. It's the responsibility of the local government grantee to ensure that reimbursement request documentation clearly shows what applies to the grant contract and what doesn't. For example, if there's a consultant invoice with multiple project numbers, the local government should redact or otherwise strike the work irrelevant to TOCI.

How do we submit an application?

Potential applicants must schedule a pre-application meeting with the TOCI Program Manager and DOLA technical assistance team. This meeting aims to get feedback on the proposed project and funding eligibility before applying. Jurisdictions cannot access the application in the grants portal without this meeting.

Potential applicants may indicate their interest in applying by completing this three-minute survey. Interested parties may also email Ashley Basham to get feedback on the proposed project and technical assistance before applying. The Grant Program Manager will reach out to schedule a pre-application meeting after receiving the interest form or email. 

The grant application must be submitted through the DLG Grants Portal. You will need to create an account to access the Notice of Funding Available (NOFA) for this grant program. An instructional video tutorial is available on DOLA's YouTube.

The list of application questions is posted on the DLG Grants Portal, both as a template to help applicants draft their application and as a PDF that shows the online application format. These items are provided as a helpful tool, but applications must be submitted through the grants portal.

What are the scoring criteria for this grant program? 

The project scoring criteria (80% of the total weighted score) will consider the applicant’s impact, responsiveness, readiness, local support, organizational capacity and experience, and plans for stakeholder engagement. Bonus points are available for community benefits agreements for large-scale infill developments, exceeding the jurisdiction’s Housing Opportunity Goal (HOG), and/or resiliency measures included in the project proposal. The Evaluation Criteria are published in the TOCI Guidelines with additional descriptions.

The Strategic Growth Compliance Score for the applicant jurisdiction is 20% of the total weighted score. More information about the Strategic Growth Compliance Score is available on the DOLA website. 

What kind of specific language do local governments need to have within their Resolution for the “Official Action” section of the grant application form?

The intent of the "Official Action" section of the application is to confirm that the elected body is both aware of and approves of the intent to apply for grant funds and commits to the cash match (and the proposed project therein). Official action could be a motion by the Board that is made and approved in the meeting minutes. Another option is where authorization has been delegated. Some jurisdictions will give a Town/City/County Manager the authority to submit applications up to a certain dollar amount without going to the Board; in that case, applicants would submit a letter documenting this approval and noting the authorization.

Does the date of official action need to be before the application is submitted? What if our Board/Council meeting is a few days after we want to apply?

Evidence of official action must be provided before the grant award. It is acceptable to explain in the grant application that official action is scheduled after the application deadline but will occur before the grant award. In this scenario, documentation of official action must be provided to DOLA staff as soon as it becomes available.

I checked the box to add a participating jurisdiction on the DLG Portal Application, but it would not populate the field. I expected the jurisdiction name to populate the field that says “—Select Other Eligible Organizations—“, but it didn’t appear. Is something wrong?

Nothing is wrong. The jurisdiction will be present when you submit, as long as their box is checked in the dropdown. It will appear on the application once you submit it.

How long will this funding be available?

Funding for the Transit Oriented Communities Infrastructure Grant Program is a one-time allocation. Future funding is not guaranteed. If funding for the pilot funding round is not expended in full, the remainder of the funds will be rolled into the second grant round in 2027.