118 S2928 IS: Water Infrastructure Subcontractor and Taxpayer Protection Act of 2023 U.S. Senate 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2928IN THE SENATE OF THE UNITED STATESSeptember 26 (legislative day, September 22), 2023Mr. Kelly (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Water Infrastructure Finance and Innovation Act of 2014 to establish payment and performance security requirements for projects, and for other purposes.

1.

Short title

This Act may be cited as the Water Infrastructure Subcontractor and Taxpayer Protection Act of 2023.

2.

Federal requirements for WIFIA eligibility and project selection

Section 5028(a)(1)(C) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(C)) is amended—(1)by striking The Secretary and inserting the following: (i)

Financing security features

The Secretary; and(2)by adding at the end the following:(ii)

Construction payment and performance security

(I)

In general

The Secretary or the Administrator, as applicable, shall ensure that the construction of a project carried out with assistance under this subtitle has payment and performance security in accordance with this clause.(II)

Use of State or local requirements

The Secretary or the Administrator, as applicable, shall consider subclause (I) to be satisfied with respect to the construction of a project if—(aa)applicable State or local law requires payment and performance security with respect to the construction; and(bb)the amount of that payment and performance security is not less than 50 percent of the total construction contract amount.(III)

Use of bonds

With respect to the construction of a project to which no State or local payment and performance security requirements apply or for which the amount of payment and performance security under applicable State or local payment and performance requirements does not meet the requirement described in subclause (II)(bb), the Secretary or the Administrator, as applicable, shall require, for purposes of satisfying subclause (I), that the requirements described in paragraphs (1) and (2) of section 3131(b) of title 40, United States Code, be met..