Bipartisan Infrastructure Law

• 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.

• 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

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.

On Friday, September 2, 2022, EPA released the final version of the Adjustment Period Waiver for the Build America, Buy America Act.  This waiver is available for any project that has initiated design prior to May 14, 2022.  Projects must provide evidence that any of the following activities took place prior to May 14, 2022:

1. Submitted preliminary engineering report, or equivalent (to the state or to the assistance recipient)
2. Issued a Request for Proposal or execution of a contract for design or engineering services (regardless of funding source)
3. Execution of an SRF assistance agreement – that includes design
4. For project designed by assistance recipient, documentation of design initiation (such as completed preliminary engineering report)
5. Solicitation of construction contract bids
6. Submitted plans and specifications (do not need to be complete) to state authority
7. Public referendum or public meeting held regarding proposed project
8. Evidence of new bonds passed or other new funding backing secured for project

If your project cannot meet one of the above activities, please contact us as we may be able to request that EPA evaluate the status of the project to determine if it still qualifies for the waiver.

Please note that American Iron and Steel requirements will still apply to all projects, regardless of their eligibility for this waiver.

More information about BABA can be found at https://www.epa.gov/cwsrf/build-america-buy-america-baba. Approved waivers can be found at https://www.epa.gov/cwsrf/build-america-buy-america-baba-approved-waivers.

EPA Fact Sheet

EPA BIL SRF Questions and Answers

EPA Memo: Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law

OMB Memo: Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure

ND SRF Stakeholder Meeting Presentation Slides

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