[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8127 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8127
To reauthorize the Water Infrastructure Finance and Innovation Act of
2014, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2022
Ms. Schrier (for herself, Mr. LaMalfa, Mr. Garamendi, Mr. Newhouse, Mr.
Costa, and Ms. Davids of Kansas) 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 reauthorize the Water Infrastructure Finance and Innovation Act of
2014, and for other purposes.
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 cited as the ``Water Infrastructure Finance and
Innovation Act Amendments of 2022''.
SEC. 2. CLARIFICATION REGARDING SMALL COMMUNITIES.
(a) Definitions.--Section 5022 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3901) is amended--
(1) by redesignating paragraphs (11) through (15) as
paragraphs (13) through (17), respectively;
(2) by redesignating paragraph (10) as paragraph (11);
(3) by inserting after paragraph (9) the following:
``(10) Rural water project.--The term `rural water project'
includes--
``(A) a rural water supply project authorized under
the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401);
``(B) any project authorized under part III of
subtitle A of title X of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11), for a
federally recognized Indian Tribe; and
``(C) any rural water project or rural water supply
project authorized under--
``(i) section 1110 of title XI of division
FF of the Consolidated Appropriations Act, 2021
(Public Law 116-260); or
``(ii) any other Federal law.''; and
(4) by inserting after paragraph (11), as so redesignated,
the following:
``(12) Small community.--The term `small community' means a
city, town, or unincorporated area that has a population of not
more than 25,000 inhabitants.''.
(b) Conforming Amendment.--Section 5028(a)(2)(B) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3907(a)(2)(B))
is amended by striking ``a community of not more than 25,000
individuals'' and inserting ``a small community''.
SEC. 3. CLARIFYING ELIGIBILITY FOR CERTAIN PROJECTS.
The Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3901 et seq.) is amended--
(1) in section 5023(b)(3) (33 U.S.C. 3902(b)(3)), by
striking ``under paragraph (8) or (10)'' and inserting ``under
paragraphs (8), (10), (11), (12), or (13)''; and
(2) in section 5026 (33 U.S.C. 3905)--
(A) in paragraph (10), by striking ``or (8)'' and
inserting ``(8), (11), (12), or (13)''; and
(B) by adding at the end the following:
``(11) A State-led storage project (as such term is defined
in section 4007(a) of the Water Infrastructure Improvements for
the Nation Act (43 U.S.C. 390b note)).
``(12) Transferred works (as such term is defined in
section 9601 of the Omnibus Public Land Management Act of 2009
(43 U.S.C. 510)).
``(13) A congressionally authorized water resources
development project that is owned or operated by a non-Federal
entity.''.
SEC. 4. COLLABORATIVE PROJECT DELIVERY METHODS.
(a) In General.--Section 5028 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3907) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Collaborative Project Delivery Methods.--
``(1) Authorization.--The Secretary or the Administrator,
as applicable, may select, in accordance with this section, a
project to be carried out using a collaborative project
delivery method (consistent with any applicable State or local
law), including a construction management at-risk method and a
design-build method.
``(2) Definitions.--In this subsection:
``(A) Collaborative project delivery method.--The
term `collaborative project delivery method' means a
method for carrying out a capital project that involves
close collaboration among the eligible entity, the
owner of the project (if different from the eligible
entity), the designer of the project, and the
contractor for the project, from design through
completion of construction.
``(B) Construction management at-risk method.--The
term `construction management at-risk method' means a
collaborative project delivery method in which an
engineering firm and a construction management at-risk
firm are retained under 2 separate contracts for design
and construction, respectively.
``(C) Design-build method.--The term `design-build
method' means a collaborative project delivery method
under which a single lead contract is entered into with
a design-builder for design and construction.''.
(b) Study on the Use of Collaborative Project Delivery Methods.--
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency, in coordination
with the Regional Administrators, and the Secretary of the Army, acting
through the Chief of Engineers, shall carry out, and make public the
results of, a study that--
(1) evaluates the use of collaborative project delivery
methods in projects carried out using assistance received under
the Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3901 et seq.);
(2) determines barriers to increased use of collaborative
project delivery methods in such projects;
(3) assesses the potential benefits of using collaborative
project delivery methods in such projects; and
(4) identifies areas of need to educate agency staff in
collaborative project delivery method implementation and best
practices.
SEC. 5. MATURITY DATE.
Section 5029(b)(5) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3908(b)(5)) is amended--
(1) in subparagraph (B), by striking ``The final maturity
date'' and inserting ``Notwithstanding subparagraphs (A) and
(B), the final maturity date'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) Projects with a useful life of more than 35
years.--Notwithstanding subparagraph (A), for a project
with a useful life of more than 35 years (as determined
by the Secretary or the Administrator, as applicable),
the final maturity date of a secured loan under this
section shall be not later than the earlier of--
``(i) the date that is 55 years after the
date of substantial completion of the relevant
project (as determined by the Secretary or the
Administrator, as applicable); and
``(ii) if the useful life of the project is
less than 55 years, the useful life of the
project.''.
SEC. 6. REAUTHORIZATION OF CORPS OF ENGINEERS WATER INFRASTRUCTURE
FINANCING FUNDING.
Section 5033 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 3912) is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) Fiscal years 2022 through 2026.--There is authorized
to be appropriated to carry out this subtitle, to remain
available until expended--
``(A) $50,000,000 to the Administrator for each of
fiscal years 2022 through 2026; and
``(B) such sums as may be necessary to the
Secretary for each of fiscal years 2022 through
2026.''; and
(2) in subsection (b)(2), by striking ``the Administrator''
and inserting ``the Secretary or the Administrator, as
applicable,''.
SEC. 7. BUDGETARY TREATMENT OF CERTAIN AMOUNTS OF FINANCIAL ASSISTANCE.
The Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3901 et seq.) is amended by adding at the end the following:
``SEC. 5037. BUDGETARY TREATMENT OF CERTAIN AMOUNTS OF FINANCIAL
ASSISTANCE.
``If the recipient of financial assistance for a project under this
subtitle is an eligible entity other than a Federal entity, agency, or
instrumentality, and the dedicated sources of repayment of that
financial assistance are non-Federal revenue sources, such financial
assistance shall, for purposes of budgetary treatment under the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)--
``(1) be deemed to be non-Federal; and
``(2) be treated as a direct loan or loan guarantee (as
such terms are defined, respectively, in such Act).''.
SEC. 8. CORPS WATER INFRASTRUCTURE FINANCING PROGRAM REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Army, acting through the Chief of Engineers, shall
publish in the Federal Register a final rule, pursuant to section 5032
of the Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3911), to carry out such Act (33 U.S.C. 3901 et seq.).
SEC. 9. REPORTS TO CONGRESS.
(a) EPA Report.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report on the implementation of--
(1) section 4301 of America's Water Infrastructure Act of
2018 (33 U.S.C. 3909 note); and
(2) any agreement entered into under section 5030(g) of the
Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3909(g)) pursuant to such section 4301.
(b) Corps of Engineers Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Army, acting
through the Chief of Engineers, shall submit to Congress a report on
the implementation of the Corps Water Infrastructure Financing Program
carried out pursuant to the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.), including issues pertaining to
such implementation with respect to levees and congressionally
authorized projects described in section 5026(1) of such Act.
(c) GAO Report.--Section 5034(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3913(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 3 years
after the date of enactment of the Water Resources Development
Act of 2018'' and inserting ``Not later than 4 years after the
date of enactment of the Water Infrastructure Finance and
Innovation Act Amendments of 2022''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively, and inserting
after subparagraph (A) the following:
``(B) an evaluation of the implementation of this
subtitle by the Secretary;''; and
(B) in subparagraph (D) (as so redesignated)--
(i) by inserting ``evaluations and'' before
``recommendations''; and
(ii) by striking ``subparagraphs (A) and
(B)'' and inserting ``subparagraphs (A), (B),
and (C)''.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
The Water Resources Reform and Development Act of 2014 (33 U.S.C.
2201 et seq.) is amended--
(1) in section 1(b)--
(A) in the item relating to the heading for
subtitle C of title V, by striking ``Pilot'';
(B) in the item relating to section 5034, by
striking ``pilot''; and
(C) by inserting after the item relating to section
5035 the following:
``5036. Outreach plan.
``5037. Budgetary treatment of certain amounts of financial
assistance.'';
(2) in the heading for subtitle C of title V, by striking
``Pilot''; and
(3) in section 5022(12), by striking ``et.'' and inserting
``et''.
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