[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5664 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5664

 To reauthorize the Water Infrastructure Finance and Innovation Act of 
                     2014, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2023

Ms. Schrier (for herself, Mr. Newhouse, Mr. Garamendi, Mr. LaMalfa, Mr. 
 Costa, Mrs. Chavez-DeRemer, 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 2023''.

SEC. 2. CLARIFICATIONS REGARDING SMALL COMMUNITIES AND RURAL WATER 
              PROJECTS.

    (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) Eligible Project Costs.--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 ``$5,000,000'' and inserting ``$1,000,000''.
    (c) Authority To Provide Assistance for Project Development.--
Section 5023 of the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3902) is amended by adding at the end the following:
    ``(c) Technical Assistance to Small Communities.--
            ``(1) In general.--The Administrator may provide technical 
        assistance to small communities to aid such communities in 
        developing a proposal for an eligible project and seeking 
        assistance under this subtitle to carry out such project.
            ``(2) Types of assistance.--Assistance under paragraph (1) 
        may be in the form of engineering and financial planning 
        assistance.''.
    (d) Conforming Amendments.--
            (1) Eligible project costs.--Section 5028(a)(2)(B) of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3907(a)(2)(B)) is further amended by striking ``a community of 
        not more than 25,000 individuals'' and inserting ``a small 
        community''.
            (2) Funding.--Section 5033 of the Water Resources Reform 
        and Development Act of 2014 (33 U.S.C. 3912) is amended--
                    (A) in subsection (b)(2) by inserting ``(other than 
                technical assistance under section 5023(c))'' after 
                ``technical assistance''; and
                    (B) in subsection (c)(1) by inserting ``and for 
                technical assistance to small communities under section 
                5023(c)'' before the period at the end.
            (3) Outreach plans.--Section 5036 of the Water Resources 
        Reform and Development Act of 2014 (33 U.S.C. 3915) is amended 
        to read as follows:

``SEC. 5036. OUTREACH PLAN TO SMALL COMMUNITIES.

    ``Not later than 180 days after the date of enactment of the Water 
Infrastructure Finance and Innovation Act Amendments of 2023, the 
Administrator, in consultation with relevant Federal agencies, shall 
develop and begin implementation of an outreach plan to promote 
financial assistance available under this subtitle to small 
communities.''.

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 further amended--
            (1) by amending subsection (a)(3) to read as follows:
            ``(3) Fiscal years 2023 through 2027.--There is authorized 
        to be appropriated to carry out this subtitle, to remain 
        available until expended--
                    ``(A) $68,000,000 to the Administrator for each of 
                fiscal years 2023 through 2027; and
                    ``(B) $15,000,000 to the Secretary for each of 
                fiscal years 2023 through 2027.''; 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. 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 2023''; 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. 9. 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 to small communities.
``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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