Protecting Infrastructure and Promoting the Economy Act or the PIPE Act
This bill directs the Environmental Protection Agency to establish (1) a wastewater infrastructure discretionary grant program, and (2) a drinking water infrastructure discretionary grant program. Under the programs, state, local, and tribal governments, public water utilities (e.g., systems used to treat wastewater or sewage), and certain water systems may apply for grants for infrastructure projects.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3701 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3701
To establish water infrastructure grant programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mr. Delgado (for himself, Mr. Cartwright, Ms. Norton, Ms. Sewell, and
Mr. Cohen) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish water infrastructure grant programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be sited as the ``Protecting Infrastructure and
Promoting the Economy Act'' or the ``PIPE Act''.
SEC. 2. WASTEWATER INFRASTRUCTURE DISCRETIONARY GRANT PROGRAM.
(a) Establishment.--Subject to the availability of appropriations,
not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (referred to in
this section as the ``Administrator'') shall establish a wastewater
discretionary grant program (referred to in this section as the
``program'') to provide grants, on a competitive basis, to eligible
entities described in subsection (b) for investments in wastewater
infrastructure projects.
(b) Eligible Entities.--An entity eligible to receive a grant under
the program is--
(1) a Federal, State, interstate, intermunicipal, or local
governmental entity, agency, or instrumentality;
(2) a Tribal government or consortium of Tribal
governments;
(3) a State infrastructure financing authority; and
(4) a publicly owned treatment works (as defined in section
212 of the Federal Water Pollution Control Act (33 U.S.C.
1292)).
(c) Eligible Projects.--
(1) In general.--A project eligible to be carried out with
funds under the program includes--
(A) the construction of publicly owned treatment
works;
(B) the construction, repair, or replacement of
decentralized wastewater treatment systems that treat
municipal wastewater or domestic sewage;
(C) measures to manage, reduce, treat, or recapture
stormwater of subsurface drainage water;
(D) measures to reduce the demand for publicly
owned treatment works capacity through water
conservation, efficiency, reuse, and green
infrastructure;
(E) measures to reduce energy consumption needs for
publicly owned treatment works;
(F) measures to improve the resiliency of publicly
owned treatment works to climate change, extreme
weather, sea-level rise, and other hazards;
(G) measures to reduce the discharge of
perfluoroalkyl and polyfluoroalkyl substances into the
environment through publicly owned treatment works; and
(H) any other wastewater infrastructure project the
administrator determines is appropriate.
(2) Other federal funds.--Notwithstanding any other
provision of law, a project otherwise eligible under paragraph
(1) shall not be ineligible for funding because the project
also received prior assistance--
(A) from a State drinking water treatment revolving
loan fund established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12);
(B) from a State water pollution control revolving
fund established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.); or
(C) under the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.).
(3) No increased bonding authority.--Amounts made available
under the program may not be used as a source of payment of, or
security for (directly or indirectly), in whole or in part, any
obligation the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986.
(d) Application.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the
Administrator an application in such manner and containing such
information as the Administrator may require.
(2) Bundling of projects.--An eligible entity may include
more than 1 project in a single application.
(3) Deadline.--An application shall be submitted to the
Administrator not later than 180 days after the date on which
the notice of funding opportunity and the selection criteria
are issued under subsection (e)(1)(B).
(e) Selection.--
(1) Criteria.--
(A) In general.--The Administrator shall establish
criteria in accordance with this subsection to use in
selecting projects to receive a grant under the
program.
(B) Publication.--Not later than 90 days after the
date on which funds are made available to carry out the
program for each fiscal year, the Administrator shall--
(i) issue a notice of funding opportunity
for the program; and
(ii) include in the notice the selection
criteria established under subparagraph (A).
(2) Priority.--In selecting projects to receive a grant
under the program, the Administrator shall give priority to
projects--
(A) for which a Federal grant would assist in
completing an overall financing package for the
project; and
(B) that would help bring publicly owned treatment
works (as defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)) into compliance
with the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(3) Geographical distribution.--For each fiscal year, in
providing grants under the program, the Administrator shall
ensure that the funds are distributed--
(A) on an equitable geographical basis; and
(B) in a manner that balances the needs of urban,
suburban, and rural communities.
(4) Deadline.--Not later than 18 months after the date on
which funds are made available to carry out the program for
each fiscal year, the Administrator shall select projects to
receive grants under the program.
(f) Requirements.--
(1) Total state limit.--For each fiscal year, the total
amount provided under the program for projects in a single
State shall not exceed 20 percent of the total amount made
available to carry out the program.
(2) Federal share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of a project carried out with
a grant under the program shall not exceed 80 percent.
(B) Waiver.--The Administrator may waive the
requirement of subparagraph (A).
(g) Regulations.--The Administrator may promulgate such regulations
as may be necessary to carry out this section.
(h) Labor Standards.--Notwithstanding any other provision of law,
the Administrator may not provide a grant under the program for a
project unless the project meets the requirements described in section
513 of the Federal Water Pollution Control Act (33 U.S.C. 1372).
(i) Reports.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress and make publicly
available a report on the implementation of the program.
(j) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000,000 for
each of fiscal years 2022 through 2031.
(2) Availability.--Funds made available to carry out this
section shall be available until expended.
(3) Administrative costs.--Not more than 2 percent of the
amount made available for a fiscal year under paragraph (1) may
be used by the Administrator for the administrative costs of
carrying out the program.
(k) Davis-Bacon.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors or
subcontractors on projects carried out in whole or in part
using a grant under the program shall be paid wages at rates
not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly known as the ``Davis-Bacon
Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(l) Buy America.--Notwithstanding any other provision of law, the
Administrator may not provide a grant under the program for a project
unless the project meets the requirements described in section
1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)).
SEC. 3. DRINKING WATER INFRASTRUCTURE DISCRETIONARY GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a drinking water discretionary grant
program (referred to in this section as the ``program'') to provide
grants, on a competitive basis, to eligible entities described in
subsection (b) for investments in drinking water infrastructure
projects.
(b) Eligible Entities.--An entity eligible to receive a grant under
the program is--
(1) a State, interstate, intermunicipal, or local
governmental entity, agency, or instrumentality;
(2) a Tribal government or consortium of Tribal
governments;
(3) a State infrastructure financing authority; and
(4) a community water system or nonprofit noncommunity
water system (as those terms are defined in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f)).
(c) Eligible Projects.--
(1) In general.--A project eligible to be carried out with
funds under the program includes--
(A) planning, design, siting, preconstruction and
construction activities related to replacing or
rehabilitating aging treatment, storage, or
distribution facilities of public water systems;
(B) for public water systems for which one or more
sources of drinking water is contaminated with
perfluoroalkyl or polyfluoroalkyl substances that meet
or exceed federal or state drinking water health
advisory levels or standards--
(i) treatment measures to reduce the
detectible levels of perfluoroalkyl or
polyfluoroalkyl substances; and
(ii) measures to connect the public water
system to a new drinking water source;
(C) connecting households using well water to a
public water system;
(D) replacing lead pipes or service lines;
(E) measures that would bring public water systems
into compliance with the Safe Drinking Water Act (42
U.S.C. 300f et seq.); and
(F) any other drinking water infrastructure project
that the Administrator determines to appropriate.
(2) Other federal funds.--Notwithstanding any other
provision of law, a project otherwise eligible under paragraph
(1) shall not be ineligible for funding because the project
also received prior assistance--
(A) from a State drinking water treatment revolving
loan fund established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12);
(B) from a State water pollution control revolving
fund established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.); or
(C) under the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.).
(3) No increased bonding authority.--Amounts made available
under the program may not be used as a source of payment of, or
security for (directly or indirectly), in whole or in part, any
obligation the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986.
(d) Application.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the
Administrator an application in such manner and containing such
information as the Administrator may require.
(2) Bundling of projects.--An eligible entity may include
more than 1 project in a single application.
(3) Deadline.--An application shall be submitted to the
Administrator not later than 180 days after the date on which
the notice of funding opportunity and the selection criteria
are issued under subsection (e)(1)(B).
(e) Selection.--
(1) Criteria.--
(A) In general.--The Administrator shall establish
criteria in accordance with this subsection to use in
selecting projects to receive a grant under the
program.
(B) Publication.--Not later than 90 days after the
date on which funds are made available to carry out the
program for each fiscal year, the Administrator shall--
(i) issue a notice of funding opportunity
for the program; and
(ii) include in the notice the selection
criteria established under subparagraph (A).
(2) Priority.--In selecting projects to receive a grant
under the program, the Administrator shall give priority to
projects--
(A) for which a Federal grant would assist in
completing an overall financing package for the
project; and
(B) that would help bring public water systems (as
defined in section 1401 of the Safe Drinking Water Act
(42 U.S.C. 300f)) into compliance with the Safe
Drinking Water Act (42 U.S.C. 300f et seq.).
(3) Geographical distribution.--For each fiscal year, in
providing grants under the program, the Administrator shall
ensure that the funds are distributed--
(A) on an equitable geographical basis; and
(B) in a manner that balances the needs of urban,
suburban, and rural communities.
(4) Deadline.--Not later than 18 months after the date on
which funds are made available to carry out the program for
each fiscal year, the Administrator shall select projects to
receive grants under the program.
(f) Requirements.--
(1) Total state limit.--For each fiscal year, the total
amount provided under the program for projects in a single
State shall not exceed 20 percent of the total amount made
available to carry out the program.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of a project carried out with a grant under the program
shall be not less than 20 percent.
(B) Other federal sources.--An eligible entity
receiving a grant under the program may use funds
provided from other Federal sources to meet the non-
Federal share requirement under subparagraph (A).
(g) Regulations.--The Administrator may promulgate such regulations
as may be necessary to carry out this section.
(h) Labor Standards.--Notwithstanding any other provision of law,
the Administrator may not provide a grant under the program for a
project unless the project meets the requirements described in section
1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)).
(i) Reports.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress and make publicly
available a report on the implementation of the program.
(j) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000,000 for
each of fiscal years 2022 through 2031.
(2) Availability.--Funds made available to carry out this
section shall be available until expended.
(3) Administrative costs.--Not more than 2 percent of the
amount made available for a fiscal year under paragraph (1) may
be used by the Administrator for the administrative costs of
carrying out the program.
(k) Davis-Bacon.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors or
subcontractors on projects carried out in whole or in part
using a grant under the program shall be paid wages at rates
not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code (commonly known as the ``Davis-Bacon
Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(l) Buy America.--Notwithstanding any other provision of law, the
Administrator may not provide a grant under the program for a project
unless the project meets the requirements described in section
1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and Climate Change.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line