Bipartisan Infrastructure Law

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.

Funding Availability

Oregon BIL Appropriations (2022-2026)

Oregon BIL Subsity Requirements (2022-2026)

Increased investments around disadvantaged communities.

BIL General Supplemental: 49% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) targeting disadvantaged communities.
BIL Emerging Contaminants (EC): By law, 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.
BIL Lead Service Line Replacements (LSLR): 49% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) targeting disadvantaged communities.

BIL General Supplemental funding is a continuation of Oregon’s base DWSRF program funding.

2022 grant application for BIL General Supplemental was submitted on March 15, 2023. Visit the Intended Use Plan (IUP) web page to view the 2022 BIL General Supplemental IUP.
2023 grant application submission for BIL General Supplemental is anticipated late spring or early summer (June/July 2023).

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.
2022 grant application submission for BIL-EC is anticipated late spring or early summer (June/July 2023).

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.

To meet EPA’s October 16, 2024 deadline, current focus has been around the required lead service line inventory collections. Technical assistance for this work is planned in the future.
It has not been determined when a grant application for BIL-LSLR funding will be submitted.

Project Priority Lists

The Project Priority Lists (PPL) for each of the 3 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 3 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.

How to Apply

Project and entity eligibilities will be the same for BIL funded projects as the base DWSRF program. For eligibility details, visit OHA's DWSRF webpage, Business Oregon's SDWRLF webpage, or EPA DWSRF Eligibility Handbook, all of which are applicable to eligible applicants and project types.

To be considered for future BIL funding, eligible systems can submit a Safe Drinking Water Revolving Loan Fund Letter of Interest form anytime. Projects will be reviewed, rated, and ranked after the March 15 and September 15 Letter of Interest (LOI) submission deadlines.
For help, please locate your Regional Development Officer for your area.

More information will be provided in the coming weeks and months as OHA and Business Oregon prepare to announce more details.

Resources

Details about the law can be found at, https://www.congress.gov/bill/117th-congress/house-bill/3684/text. Referencing Division E, Title I – Drinking Water (Sections 50101 – 50115).
Oregon’s BIL Frequently Asked Questions
BIL funding for wastewater and stormwater related infrastructure improvements should be directed to Oregon's Department of Environmental Quality's Clean Water State Revolving Fund program.
EPA BIL - Water Infrastructure Investments
Federal Requirements attached to BIL funding – visit the SDWRLF Drinking Water Handbook on Business Oregon’s website for more details. Requirements will include, but not limited to:

Oregon's DWSRF Environmental Review Process,
Prohibitions for the purchase of telecommunications equipment produced by Huawei Technology Companies or ZTE corporation,
And the newest requirement that will replace American Iron and Steel (AIS) is called, "Build America Buy America" (BABA) that will expand the type of materials to be domestically sourced.

EPA BIL — SRF Memo and FAQ Materials

EPA's Bipartisan Infrastructure Law Resources for Drinking Water web page

Contacts

Business Oregon’s Regional Development Officers can assist eligible public water systems with the best funding options in their area.
Adam DeSemple, OHA’s Drinking Water State Revolving Fund Program Coordinator, at 503-956-8287, or by email at adam.desemple@oha.oregon.gov.
Nicole Bailey, Business Oregon’s Safe Drinking Water Program and Policy Coordinator, at 971-719-6862, or by email at nicole.bailey@biz.oregon.gov.
Gregg Baird, OHA's Emerging Contaminant Specialist, at 503-936-1657, or by email at gregg.c.baird@oha.oregon.gov.