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 from this historic investment in water infrastructure. Therefore, BIL mandates that a significant portion of funds be provided as grants or forgivable loans to disadvantaged communities.

Funding Availability

Oregon Allocation of Appropriations for FFY2022 (Year 1 of 5) include:

DWSRF (supplemental BIL stimulus) = up to $23.6 million
DWSRF (lead service line replacements) = up to $37.2 million
DWSRF (emerging contaminants) = up to $9.9 million

OHA will be submitting its yearly grant applications to EPA for Supplemental funds by the end of the calendar year with the grant being awarded to Oregon between February or March.
Grant applications to EPA for Lead Service Line Replacement and Emerging Contaminants grant funding will depend on project/LOI submittals by eligible water systems.

Project Priority List

Project Priority List (PPL) is coming soon. The PPL will be located in the Infrastructure Project Priority List section within the Project Priority Lists and Public Notices web page.

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@dhsoha.state.or.us.
Jon Unger, Business Oregon’s Safe Drinking Water Program and Policy Coordinator, at 503-507-7107, or by email at jon.unger@biz.oregon.gov.