[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>