Legislative Options for Financing Water Infrastructure - R42467

Claudia Copeland
Specialist in Resources and Environmental Policy

William J. Mallett
Specialist in Transportation Policy

Steven Maguire
Acting Section Research Manager

This report addresses several options being considered by Congress to address the financing needs of local communities for wastewater and drinking water infrastructure projects and to decrease or close the gap between available funds and projected needs. Some of the options exist and are well established, but they are under discussion for expansion or modification. Other innovative policy options for water infrastructure have recently been proposed, especially to supplement or complement existing financing tools. Some are intended to provide robust, longterm revenue to support existing financing programs and mechanisms. Some are intended to encourage private participation in furnishing drinking water and wastewater services.

Six options that are reflected in recent legislative proposals, including budgetary implications, are discussed.

• Increase funding for the State Revolving Fund (SRF) programs in the Clean Water Act (H.R. 1877 in the 113th Congress) and the Safe Drinking Water Act (H.R. 5320 in the 111th Congress),

• Create a federal water infrastructure trust fund (H.R. 3582 and H.R. 1877 in the 113th Congress),

• Create a “Water Infrastructure Finance and Innovation Act” Program, or WIFIA (S. 601 and S. 335 in the 113th Congress),

• Create a national infrastructure bank (H.R. 2084, H.R. 2553, S. 1716, and H.R. 505 in the 113th Congress),

• Lift private activity bond restrictions on water infrastructure projects (included in the Administration’s FY2014 budget request and S. 939 and H.R. 1802 in the 112th Congress), and

• Reinstate authority for the issuance of Build America Bonds (included in the Administration’s FY2014 budget request and H.R. 535 and H.R. 789 in the 113th Congress).

A number of these issues and options were examined in hearings by House and Senate committees in the 112th Congress. Legislation to create a WIFIA program (S. 601) has been passed by the Senate and is being considered by a House-Senate conference committee.

Consensus exists among many stakeholders—state and local governments, equipment manufacturers and construction companies, and environmental advocates—on the need for more investment in water infrastructure. There is no consensus supporting a preferred option or policy, and many advocate a combination that will expand the financing “toolbox” for projects. Some of the options discussed in this report may be helpful, but there is no single method that will address needs fully or close the financing gap completely. For example, some may be helpful to projects in large urban or multi-jurisdictional areas, while others may be more beneficial in smaller communities. It is unlikely that any of the recently proposed options could be up and running quickly, meaning that, at least for the near term, communities will continue to rely on the existing SRF programs, tax-exempt governmental bonds, and tax-exempt private activity bonds to finance their water infrastructure needs.

Date of Report: November 27, 2013
Number of Pages: 25
Order Number: R42467
Price: $29.95

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