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Bipartisan Infrastructure Law

Image of water tower (source OHA-DWS)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

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Funding Opportunities

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 connectors. With this funding, 49% of annual state appropriations must be in the form of additional subsidy (i.e., principal forgiveness) allocated to Disadvantaged communities.

  • For a project to be considered for funding, it must be directly connected to the identification, planning, design, or replacement of lead service lines. Projects must fully replace both the public and private side up to the point of premise plumbing.

  • For a list of activities which are considered eligible or ineligible, please refer to the BIL-Lead Service Line Replacement Funding Eligibilities Handout.

  • Money will not be available prior to the required October 2024 lead service line inventory submittal deadline but can be used for future inventory related work.

  • For questions about this funding opportunity, contact: Amy Word, OHA Drinking Water Services, at 541-966-0901, or by email at amelia.a.word@oha.oregon.gov.

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.

Resources

Contacts