Bipartisan Infrastructure Law


Congress passed the Bipartisan Infrastructure Law (BIL) on November 15, 2021.  This law will provide a significant amount of additional funding for drinking water projects through the Drinking Water State Revolving Fund (DWSRF) and wastewater projects through the Clean Water State Revolving Fund (CWSRF) over the course of five years.

Funding will be available in three “buckets” of funding:

  1. General Supplemental: any eligible DWSRF or CWSRF project
  2. Emerging Contaminants: available under both the DWSRF and CWSRF
  3. Lead: available under the DWSRF

Each bucket of funding includes the requirement that a percentage of funds be provided as additional subsidy (aka, loan forgiveness).

 

 

 

 

Planned CWSRF Schedule

  • The CWSRF FY2022 Intended Use Plan (IUP) includes projects for base grant and BIL supplemental grant.
  • Questionnaires for FY2023 IUP will be accepted in the fall of 2022. Potential borrowers are required to fill out a questionnaire about their project in order to be considered for funding through the BIL and base grants.
  • Please note that submitting a questionnaire does not obligate a potential borrower to use the CWSRF program.

Planned DWSRF Schedule

  • May 2 to July 1, 2022: accept questionnaires

Potential borrowers are required to fill out a questionnaire about their project in order to be considered for funding through the BIL.  Questionnaires will be accepted until July 1, 2022.  Please note that submitting a questionnaire does not obligate a potential borrower to use the DWSRF program. 

  • July 2022: DWSRF staff rank questionnaires and prepare Intended Use Plan (IUP)
  • Mid-August 2022: draft IUP available and public comment period opens
  • Early September 2022: public hearing
  • Late September 2022: public comment period closes
  • October 2022: State Water Commission approval and grant application submitted
  • Early 2023: funds available

Build America Buy America (BABA)

The BIL requires that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

The SRF program uses multiple sources of funds: federal capitalization grants, state match, leveraged bonds, and repayments from loans.  The SRF programs are required to apply BABA requirements to projects in an amount equal to the federal capitalization grant (also known as “equivalency projects”).  The ND SRF programs may incentivize equivalency projects to compensate for the increased administration and material costs associated with BABA.

More information about BABA can be found at https://www.epa.gov/cwsrf/build-america-buy-america-baba. Proposed waivers can be found at https://www.epa.gov/cwsrf/build-america-buy-america-baba-waivers-open-public-comment.

Stay Informed

Keep checking this website for updates. To receive email notifications, please email your contact information to ndsrf@nd.gov.