On November 15, 2021, the
Infrastructure Investment and Jobs Act (H.R. 3684)
, commonly referred to as the
Bipartisan Infrastructure Law (BIL)
was signed into law. BIL is a federally funded infrastructure package covering multiple critical infrastructure sectors throughout the U.S., including drinking water. The law provides the US Environmental Protection Agency (EPA) with grant funds that can be appropriated to states for investments in drinking water infrastructure over the next five years (2022 – 2026).
BIL funding will be available to communities through the state’s existing Drinking Water State Revolving Fund (DWSRF), implemented jointly by Business Oregon and OHA Drinking Water Services. BIL authorizes increases to Oregon’s existing base
DWSRF program and includes appropriations for Supplemental DWSRF funding for infrastructure improvements, funding for identifying and replacing lead service lines and gooseneck connectors, and funding to address emerging contaminants (e.g., PFAS or other unregulated contaminants).
A key priority of BIL is to ensure that
disadvantaged communities benefit equitably, therefore, federal funding requirements stipulate that a significant portion of funds be provided in the form of loan subsidy.
BIL General Supplemental:
BIL authorizes increases to Oregon's existing base DWSRF program with supplemental appropriations for infrastructure improvements. With this funding, 49% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) targeting disadvantaged communities.
Project and entity eligibilities for BIL General Supplemental are the same as the base DWSRF program.
Visit the Intended Use Plan (IUP) web page to view the 2022 BIL General Supplemental IUP.
BIL Emerging Contaminants (BIL-EC):
BIL authorizes increased funding to address emerging contaminants (e.g., PFAS or other unregulated contaminants). With this funding, 100% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) with at least 25% of the funds going towards disadvantaged communities or public water systems serving fewer than 25,000 people.
For a project to be considered under the BIL-EC funding, the primary purpose of the project must be to address and/or mitigate people's exposure to EC in drinking water with priorities on perfluoroalkyl and polyfluoroalkyl substances (PFAS). Projects that address and/or mitigate EC that are listed on any of EPA's
Contaminant Candidate Lists (CCL1 - CCL5) are recognized as eligible.
- Currently, Oregon BIL-EC project priorities include: (1) PFAS, (2) Manganese, and (3) Cyanotoxins.
- Public water systems that cannot provide data indicating they have detected an emerging contaminant are not eligible for BIL-EC funding at this time.
- Prior to awarding BIL-EC funding for construction activities, public water systems must provide a completed feasibility study which addresses the contaminant of concern, including project alternatives, feasibility and estimated project costs. This feasibility study may be funded through the BIL-EC funding program or by applying to the DWSRF
Sustainable Infrastructure Planning Projects (SIPP) program.
Visit the Intended Use Plan (IUP) web page to view the 2022 BIL Emerging Contaminants IUP.
In addition to the BIL-EC funding program, the new Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) grant program will provide states and territories with grants to public water systems in small or disadvantaged communities to address emerging contaminants. OHA is in the process of determining the best path forward to apply for this new federal grant. For more information visit EPA's EC-SDC website.
BIL Lead Service Line Replacements (BIL-LSLR):
BIL authorizes increased funding for identifying and replacing lead service lines and gooseneck connectors. With this funding, 49% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) targeting disadvantaged communities.
For a project to be considered under the BIL-LSLR funding, the project must replace the entire lead service line, not just a portion, unless a portion has already been replaced.
How to Apply
Project Priority Lists
The Project Priority Lists (PPL) for each of the three BIL funding programs will be located on the
Project Priority Lists and Public Notices web page. A PPL is a list of proposed drinking water projects submitted by an eligible public water system that has been reviewed, rated, and ranked against strict public health criteria. Oregon’s DWSRF program rating and ranking criteria prioritizes projects that address risks to human health, compliance to the Safe Drinking Water Act, and is affordable to the applicant. The PPL is a major component of each grant application’s Intended Use Plan (IUP).
Intended Use Plans
The Intended Use Plans (IUP) for each of the three BIL funding programs will be located on the
Intended Use Plan (IUP)
web page. An IUP describes how Oregon intends to use these funds and is the primary narrative for each grant application. The IUP is a federal grant requirement as part of each state’s grant application.