Professional Documents
Culture Documents
Bipartisan Infrastructure Investment and Jobs Act Summary
Bipartisan Infrastructure Investment and Jobs Act Summary
1
-~ Table of Contents
TOPE SUMINALY cco ssnsmsssssssssmmmsmssomn 3
NEW SPENANE PaY-FOS rrr. 3
Survey Data: Americans Overwhelmingly SupportFixing Our Nation's Infrastructure..........
6
Roads, Bridge&s MAJOr PRICES...
PASSE ANA FIZ RAL.
PRUE TOM cocrrexcsomommessssossrssptiismssssane
——— —
||
Safety & RESEAICH....c.c.c.ocssmssrsrssessssessesmsssness r
ss 13
POMS/WALETWAYS.....vorerssssssssensesoesssoses
ET ——
-
2
- Topline Summary
+ Historic investment inthe nation's core infrastructure priorities including roads and bridg
ail, transit, ports, airports, water systems, and broadband. es,
No tax hikes on everyday Americans.
* Includes bipartisan Senate-passed Drinking Water and Wastewater Infrastructure
bipartisan committee-passed surface transportation reauthorizaiont bills from the CommAct and
Commitee and the Environment and Public Works Committee along with the Energy erce
Infrastructure Act approved by the Ener and Natural Resources Commitee
+ Improves permitting by including enhangy cements to FAST-31, which has substantially
reduced the permitting timeline for larger infrastructu re projects.
+ Includes rural infrastructure development and dedicated new funds for major projects.
+ Long-term spending for capital assets that will improve econ omic efficiency, productivity,
GDP and revenue, and will not increase inflation.
* New spending paid for with CBO/JCT scores, CBO estimates & OMB stimates.
-
4
- New Spending Pay-Fors
$205 billion from repurposingofcertain unused COVIDreliefdollars (Source: CBO
CBO estimate) score &
-~
5
- Survey Data: Americans Overwhelmingly Support Fixing
Our Nation’s Infrastructure
* The overwhelming majority of Americans — about 8 in 10 — favor plans to increase funding
for roads,bridgesand ports and for pipes that supply drinking water, according to a survey
conducted by Associated Press-NORC Center for Public Affairs Research. (Poll conducted
July 15-19, 2021)
* According to a Yahoo News YouGov poll, 6 in 10 Republican voters say they favor the new
S12 trillion infrastructure package negotiated by a bipartisan groupofsenators and endorsed
by the Biden White House. (Poll conducted June 22-24, 2021)
-~
6
- Roads, Bridges & Major Projects
Summary: The $110 billion in new spending in this section ofthe
agreement addresses the aging infrastructure needs of the natio bipartisan infrastructure
also contains the authorizations as included in the bipartisan
n’s roads & bridges. This section
EPW committee-passed Surface
Transportation Reauthorization Act and the Commerce committee-
Investment Act. passed SurfaceTransportation
7
-~ state and local govemments to enter into additional public-private partnerships to
supplement future surface transportation projects with private investment,
© University Transportation Centers - 95M
* This funding Supports the University Transportation Centers (UTC) Program,
‘which advances the state-of-the-art in transportation research and technology.
© Culvert Removal, Replacement, and Restoration - S1B
* This new program will provide grants to states for the removal, replacement, and
restorationof culverts to address flowofwater through roads, bridges, railroad
tracks, and trails.
-
8
- Passenger And Freight Rail
Summary: The U.S. ail network is central to the successofthe American cconoms,
camying
more than 1.8 billion tons of freight valued at more than $830 billion annually, and over
million passengers on Intercity Rail Passenger Transportation services. The bipartisan 32.5
infrastructure agreement provides $66 billion in new spending to address the infra
ofthe US rail network. This section also includes the Commerce Committec-passedstructure needs
Transportation Investment Act rail reauthorization, Surface
* Northeast Corridor grants - S6B
© This funding will go toward procurement & deferred maintenance backlog that
currently exists on Amtrak's Northeast Corri between Washington and Boston.
Several transit agencies operateover the corridor
Jersey and the Southeastern Pennsylvania Transdor, including NJ Transit in New
porta tion Authority (SEPTA) in
Pennsylvania and Delaware.
* Fed:State Partnership Intercity Passenger Rail- S368
© Northeast Corridor Fed-State Partnership set-aside - S248
* This program provides funding for capital projects within the United
- States to repair, replace, or rehabilitate qualified railroad assets to reduce
the state ofgood repair backlog and improve intercity passenger rail
performance.
* Amtrak National Networ-k S168
© The Amtrak National Network consists 15 long distance routes and 28 state
supported routes, onbehalfof 20 partners including 17 states. This funding will
provide the rail network with updated stati
investments including grade crossings, fencionnglocat
and
ions and modernization; safety
collision-prevention
technology.
* Consolidated Rail Infrastructure and Safety Improvement (CRISI) - S5B
© This program funds projects that improve the safety, efficiency, and reliability
intercity passenger and freight rail. This program leverages private, state and localof
investments to support safety enhancements general improvements to
infrastructure for both intercity passenger andandfreig ht railroads
* Railroad Crossing Elimination Program - S35
© This competitive grant program provides funds for the eliminationofhaza
railway-highway crossings. rds at
-
9
-
* Restoration and Enhancement Grants - S50M
© This program funds operating assistance grants for initiating, restoring, or
enhancing intercity passenger rail transportation. Projects such as additional
frequencyof current service, offering of new on board services, establishing ofa
new service, extension ofa current service are all eligible for these grants.
-~
10
~~ Public Transit
Summary: This sectionofthe bipartisan infrastructure agreement provides $39.15 billion in new
funding to address the infrastructure needs of the nation’s public transit assets. This package
includes an extension of FAST Act transit policy.
«Increased Contract Authority - $19.15 B
© The transit itl reflects an increase of 43% above baseline levels for contract
authority, for $69.9 billion over the next five years. When combined with the
supplemental appropriations of this section, this package provides an 83%
increase for transit funding compared to FAST Act levels.
«Stateof Good Repair - $4158
© US. DOT has found that an estimated 40 percentofpublic transit buses and 23
percent of rail transit assets are in marginal or poor condition, with a significant
backlog in deferred maintenance and replacement. State of Good Repair grants.
support maintenance, replacement, and rehabilitation projects. These activities
help transit agencies maintain assets in a state of good repair and develop Transit
‘Asset Management plans.
- «The Capital Investment Grants Program - SSB
© Capital Investment Grants support new and expanded commuter and light rail,
bus, and ferry service. The program includes New Starts for the construction of
new systems and expansionofexisting systems, Small starts for new systems and
expansion projects with capital costs less than $300 million, Core Capacity for
projects related to corridor development, and projects with combined system
goals
+ Enhances Mobilis for Seniors & Disabilities - $28
© The Enhances Mobility for Seniors & Disabilities program makes federal
resources available to improve mobility forseniorsand individuals with
disabilities by removing barriers to transportation service and expanding
transportation mobility options. This program supports transportation services in
all areas large urbanized, small urbanized, and rural
«+ Low-No Program- $5258
© The Low=No Program provides funding to state and local governments for the
purchase or lease of zero-emission and low-emission transit buses, including
acquisition, construction, and leasing of required supporting facilities.
-
n
-
- Safety & Research
‘Summary: The bipartisan infrastructure agreement provides $10.5 billion in new funding to
address the safety requirementsofour nation’s infrastructure. This section also includes the
Commerce Committee-passed Surface Transportation Investm ent Act safety reauthorization.
© $2.24B in increased contract authority for FMCSA and NHTSA
© Federal Motor Carrier Safety Administration (FMCSA)
* FMCSA safety grants are availableto state and local goverment agencies
working on commercial motor vehicle safety activities and demonst a
capacity to work with highway traffic safety stakeholders that focusrate
commercial motor vehicle safety and training issues, and other industrony
stakeholders.
© National Highway Traffic Safety Administration (NHTSA)
* NHTSA is charged with writing and enforcing Federal Motor Vehicle
Safety Standards as well as regulations for motor vehicle theft resistance
and fuel economy. NHTSA awards grants for occupant protection, state
traffic safety information systems, impaired driving countermeasures,
distracted driving, motorcyclist safety, state graduated driver licensin g
laws, and non-motorized safety.
-
* $827 in supplemental appropriations
© Safe Streets for all - SSB
* The Biden administration's Safe Streets for Al program funds state and
local “vision zero plans and other improvements to reduce crashes and
fatalities, especially for cyclists and pedestrians.
© SMART grant program - SS00M
+ Complement to the Federal Pell Grant Program, the National Science and
Mathematics Access to Retain Talent (SMART) Grants,
fourth, and fifth-year undergraduates who are majoring awarde dto third-,
in technical
fields, critical foreign languages, or who are in a qualifying liberal arts
program.
© NHTSA Highway Safety Programs — SIIB
* This program provides grants to states to improve driver behavior and
safety
© FMCSA Motor Carrier Safety Assistance Program — $467.5M
* The program supports State and local law enforcement agencies through
funding to mitigate crashes and hazardous materials incidents involving
- ‘commercial motor vehicles (CMV).
13
~ © High Priority Grant Program - S200M
= This competitive grant program supports commercial vehicle safety plan
activities, including data collection, public awareness campaigns.
technology demonstration, and other safety related efforts.
© PHMSA Modernization - S1B
-
14
- Airports
Funding Table:
ih RE ETE
$20.000.000,000 | Airside Projects (runways, taxiways, etc) and Terminal Projects
$5.000,000,000_| Air Traffic Control Infrastructure
Summary: This sectionof the bipartisan infrastructure agreement will address the aging
infrastructure needs of the nation’s airports and air traffic control (ATC) facilities.
* Airside projects (Runways, taxiway. etc) & Terminal projects - $20 billion total
© Formula funding: S15 billion (53 billion / year) for grants for airports to use for
Airport Improvement Program (“AIP”) projects, such as runways andtaxiways ,
terminal development projects, noise, multimodal, or airport-owned towers. This
provides flexibilityfor airports to address their specific airside or landside needs. This
funding is formula-driven and spread out over five years.
© Discretionary funding: $5 billion ($1 billion/ year) for the Airport Terminal
Program, a discretionary grant program for terminal development and other landside
projects spread out over $ years. The language ensures that terminal projects at small
‘hub airports, nonhub, and nonprimary airports will receive funding guaranteeing that
~ communitiesofal sizes benefit.
* ATC Infrastructure - $5 billion
© $5 billion for FAA's Facilities and Equipment which includes funding for FAA-
owned ATC facilities, including FAA-owned contract towers. This funding is spread
out over five years and subject to congressional approval each fiscal year.
-
15
-~ Ports/Waterways
Funding Table:
REE _______PORTS-WATERWAYS RE
Section-by-Section:
$9.55 billion for Army Corps of Engineers infrastructure priorities. This includes $5.15 billion
for construction projects to help address the huge backlogofauthorized projects that have yet to
receive funding. Included under Corps construction are specific funding set-asides for
a Navigation, Inland Waterways, Aquatic Ecosystem Restoration, Environmental Infrastructure,
Continuing Authorities Program, Shore Protection, and Remote and Subsistence Harbor
Projects. Within the $4 billion for Corps Operations and Maintenance, which would be spent
overa three-year period, there is funding for dredging Federal navigation projects and repairing
damages to Corps Projects caused by natural disasters. Similarly, under the $300 million for
Corps Mississippi Rivers and Tributaries (MRT) Projects, funding addresses emergencies for
Corps projects caused by natural disasters. There is also $200 million for Corps General
Expenses and Regulatory Needs, which is split evenly between the Ports and Waterways and
Flood Resiliency Working Groups.
$455Mper year for 5 years for Department of Transportation's Port Infrastructure
Development Program (PDP) and Marine Highways Program (MHP). $450M in funding a
‘year for PIDP will allow significant improvements to improve port facilities on our coasts, rivers
‘and Great Lakes. PIDP grants can improve port infrastructure, including intermodal connections,
orreduce or eliminate pollutants and greenhouse gas emissions. MHP funds, SSM a year for five
years, will work to expand the useofAmerica’s navigable waters, working to expand marine
highway service options and facilitate their further integration into the U.S. transportation
system.
$420M for U.S. Coast Guard infrastructure priorities. Buildingoff the Coast Guard's
unfunded priorities list, the bill contains funding for needed housing, family support and
childcare facilities, as well as shore construction infrastructure and facility deficiency needs.
-
16
- The bill contains $3.85B to modernize and improve Land Ports of Entry at our nation’s
Northern and Southwest Border. The funds are split between General Services Administration
(GSA) and Customs and Border Protection (CBP). The funds will allow GSA and CBP to
execute construction and modernization at all ports on CBP's Five-Year Plan as well as those
identified as a priority for upgrades. Port modernization improves border security while also
improving the efficient flow of travel and trade across our land border. Funds are also included
for portofeniry paving projects, the acquisitionofleased ports and Federal Motor Carrier Safety
Administration facility needs.
SOM per year for 5 years for Reduction in Truck Emissions at Ports. This program requires
the Secretaryof Transportation to coordinate and fund projects through competitive grants that
reduce port-related emissions from idling trucks. This program comes from the recent EPW.
Surface Transportation Reauthorization that passed committee unanimously. Additionally, this
section requires a study on how ports would benefit from electrification and emerging
technologies that reduces truck emissions.
S182.4M for 5 years (total $912M) for Ferry Boat and Terminal Construction. Taken from the
EPW Surface Transportation Reauthorization that passed the committee unanimously, this
increases funding for the ferry boat program, which funds the construction of ferry boats and
ferry terminal facilities.
-~
-
17
- Broadband
Summary: 19 million Americans sill lack access to high-speed intemet. It is well past time to
bridge America’s digital divide and build a 21st century broadband infrastructure that will meet
our country’s needs not only today, but for years to come. The bipartisan infrastructure plan
invests $65 billion to address our nation’s digital divide once and for all.
© This funding supports a formula-based grant program to states, territories and the
Districtof Columbia for the purposesofbroadband deployment. The program
does not favor particular technologies or providers. Projects would have to meet a
minimum download/upload build standard of 100/20 megabits per second.
© The funding includes 10% set-aside for high-cost areas and each state and
territory receives an initial minimum allocation, a portionofwhich could be used
for technical assistance and supporting or establishing a state broadband office.
© States would be required to have enforceable plans to address alloftheir unserved
areas before they are able to fund deployment projects in underserved areas. After
both unserved and underserved areas are addressed, states may use funds for
anchor institution projects.
‘© This provision would create a state grant program for the construction,
improvement or acquisition of middle-mile infrastructure. Eligible entities include
telecommunications companies, technology companies, electric utilities, utility
cooperative, etc. The “middle mile” refers to the installation ofa dedicated line
that transmits a signal to and from an internet Pointof Presence. ‘Competition of
‘middle-mile routes is necessary to serve areas, reducing capital expenditures, and
- lowering operating costs.
18
-
+ TribalGrants: 52billion
© This provision will provide additional funding to the Tribal Broadband
Connectivity Program, which was established by the December COVID-19 relief
package and is administered by NTIA. Grants from this program will be made
available to eligible Native American, Alaska Native and Native Hawaiian
entities for broadband deployment as well as for digital inclusion, workforce
development, telehealth and distance leaming.
«Inclusion: 52.75 billion
© Includes the Digital Equity Act. This legislation introduced by Senators Murray,
Portman and King establishes two NTIA-administered grant programs (formula
based and competitive) to promote digital inclusion and equity for communities
that lack the skill, technologies and support needed to take advantage of
broadband connections. The legislation also tasks NTIA with evaluating digital
inclusion projects and providing policymakers at the local, state and federal levels
with detailed information about which projects are most effective.
«Affordability
- © This provision would devote additional funds to the FCC's Emergency Broadband
Benefit (EBB) program, which subsidizes broadband service for eligible
households—defined as those that suffered income loss during the pandemic or
meet other need-based criteria, such as eligibility for school lunch programs. This
program is being renamed the Low-Income Broadband Benefit and the subsidy
will be provided at a lower rate (down to $30 fromanoriginal $50 per month), to
extend its longevity across the 5-year budget window.
-~
19
-~ Power Infrastructure
(contains allocations from power, resilience, orphan wells/AML, western water, and water)
ee
LegacyRoads |S 250000000[S$ 2500000007 |
Energy Act S_9.041.068,000| $ 8307.068,000|for out years
[TOTALENRBILL ST10828808.781|§ 105072808781] 7]
inENR bill
[Power Infrastructure Items, non-Jurisdictional to ENR, notincluded |
i |eemt
TTTTTTOYwm
po
Teme
S_ 1600.00.00| programs.
[48CTaxCredit |S 8.000,000,000|S 8000.000000]—
[2 __TOTALEXPANDEDPOWER INFRASTRUCTURE WORKING GROUP |
eee thew 1
CC TSussmsos7i[5viaen2sosrsi |
-
20
- Senate Energy and Natural Resources
Energy Infrastructure Act Section-by-Section
Sec. 1002. Hazard mitigation using disaster assistance. This section amends
the Robert T.
Stafford DisasterRelief and Emergency Assistance Act to include wildfire ‘within
the hazard
mitigation program.
Sec. 1003. Electric grid reliability and resilience research, development, and
demonstration. This section establishes the “Program Upgrading Our Electric Grid Reliability
and Resiliency” program to provide Federal financial assistance to demonstrate innovative
~ approaches to transmission, storage, and distribution infrastructure to harden resilie
nce
reliability and to demonstrate new approaches to enhance regional grid resilience, impleand
mented
through States by public and publicly regulated entities on acost-shared basis. It also
directs the
Secretary to improve resilience, safety, and reliability and environmental protection in rural or
remote areas and—in collaboration with Department of Homeland Securi
ty, theFederal Energy
Regulatory Commission (FERC), and the North American Electric Reliability Corpor ation
(NERC)—to develop a framework to assess the resilience ofenergy infrast
ructure. This section
authorizes $5,000,000,000 for the periodofFY22-26 for the Energy Infrastructure
Federal
Financial Assistance program and $1,000,000,000 for the periodof FY22-26
for Rural or
Remote Areas.
Sec. 1004. Utility demand response. This section requires State regulators to consid
er
establishing rate mechanisms to allow utilities to recover the costs of promot
ing demand-
response practices in order to encourage electrical utilities to promote the use of deman
response practices. d-
Sec. 1005. Siting of interstate electric transmission facilities. This section directs DOE to
study capacity constraints and congestion when designating National Interest Electric
Transmission Corridors (NIETC). It also adds more objective criteria to the
list ofconsiderations
the Secretary of Energy uses to select and designate an NIETC. The sectio
n adds that the FERC
may issue permits for construction or modification of certain interstate transmission
facilities if
a
state commission withholds or denies an application seeking approval for the siting of such
= facilities. It also directs FERC to consider whether the transmission permit applicant has engaged
21
—- states and non-federal entities in good faith consultations and in a timely manner before
exercising its backstop siting authority
Sec. 1006. Rulemaking to inerease the effectiveness of interregional transmission planning.
This section directs FERC to initiate a rulemaking to address the effectivenessofexisting
planning processes for interregional transmission projects, make changes to that process, and
establish a cost allocation methodology that reflects the benefits provided by interregional
transmissions solutions.
See. 1007. Transmission facilitation program. This section establishes a $2,500,000,000
revolving loan fund to allow DOEto serve as an “anchor-tenant” fora new transmission line or
an upgrade of an existing line. The section permits DOE to buy acertain portionof the planned
capacity (not more than 50%). which it then may sell after determining that the transmission
project has ensured financial viability. It also permits DOE to issue loans to or ener into public-
private partnerships with eligible transmission projects. It also authorizes $10,000,000 for each
of FY22-26 10 carry out the program.
Sec. 1008. Deployment of technologies to enhance grid flexibility. This section amends the
Energy Independence and Security Actof 2007 to include Smart Grid investments that provide
flexibility and help quickly rebalance the electrical system, facilitate the aggregation or
integration of distributed energy resources, provide energy storage to meet fluctuating, provide
voltage support, integrate intermittent generation sources, increase the network's operational
transfer capacity, and anticipate and mitigate impactsofextreme weather events or natural
~ disasters on grid resilience. The section authorizes $3,000,000,000 for the Smart Grid Investment
Matching Grant Program.
Sec. 1009. State energy security plans. This section provides assistance for the creation of State
Energy Security Plans that address all energy sources and potential hazards and providesa risk
assessment and risk mitigation approach.
See. 1010. State energy program. This section authorizes $500,000,000 for the period of FY22-
26 for the State Energy Program. It also amends the Energy Policy and Conservation Act to
require State Energy Conservation Plans to support transmission and distribution planning
activities and to allow State Energy Conservation Plans to include programs that help reduce
carbon emissions in the transportation sector and accelerate the useofalternative transportation
fuels for, and the electrification of State government vehicles, fleet vehicles, taxis, and
ridesharing services, mass transit, school buses, feries, and privately owned passenger and
medium- and heavy-duty vehicles.
See. 1011. Power Marketing Administration transmission borrowing authority. This section
increases the Bonneville Power Administration's (BPA) borrowing authority by $10,000,000.000
to assist in the financing of the construction, acquisition, and replacementofthe Federal
Columbia River Power System. It also requires BPA to issue an updated financial plan that
considers the projected and planned use and allocation of BPA's borrowing authority across its
mission responsibilities and requires BPA to engage with customers and stakeholders on its
~ financial and cost management efforts.
22
~ Sec. 1012. Study of codes and standards for useof energy storage systems across sectors.
This section dircets the Secretary of Energy to conduct a study of types and commercial
applications of codes and standards applied to stationary and mobile energy storage systems as
well as those that move between stationary and mobile applications such as EV batteries.
See. 1013. Demonstration of electric vehicle battery second-life applications for grid
services. This section directs the Secretaryof Energy to establish a demonstration project for
secondlife applications of electric vehicle batteries as aggregated energy storage installations to
provide services to the electric grid.
See. 1014. Columbia Basin power management, This section rebalances the Columbia River
Treaty by upgrading transmission capacity between Canada and the Western and Southwestern
United States and authorizes amounts equal to the aggregated amountofdownstream power
benefits that Canada is entitled to under the Columbia River Treaty ($1,000,000.000). It also
authorizes $100,000,000 to rehabilitate and enhance water storage and hydroelectric capacity,
and $10,000,000 to study better coordinationofwater and power flows between British
Columbia and the Pacific Northwest
Subtitle B—Cybersecurity
See. 1101. Enhancing grid security through public-private partnerships. This section
requires the Secretary. in consultation with State regulatory authorities, industry, the Electric
-~ Reliability Organization, and other relevant federal agencies, to carry out a program to promote
and advance the physical security and cybersecurityofelectric utilities, with priority provided to
utilities with fewer resources. This section also requires a report to Congress on improving the
cybersecurityofelectricity distribution systems.
See. 1102. Energy Cyber Sense program. This section establishes a voluntary Energy Cyber
Sense program to test the cybersecurityofproducts and technologies intended for use in the
bulk-power system.
See. 1103. Incentives for advanced cybersecurity technology investment. This section directs
FERC t0 initiate a rulemaking to develop incentives that would encourage investment in
cybersecurity technology and participation in cybersecurity threat information sharing programs.
Sec. 1104. Rural and municipal utility advanced cybersecurity grant and technological
assistance program. This section directs the Secretary of Energy 10 establish the “Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program” to provide
grants and technical assistance for utilities to detec, respond to, and recover from cybersecurity
threats. This section authorizes $250,000,000 for the period of FY22-26.
See. 1105. Enhanced grid security. This section creates a program to develop advanced
cybersecurity applications and technologies for the energy sector,a program {o enhance and test
the emergency response capabilities of DOE, and a program to increase the functional
~ preservation of electric grid operations or natural gas and oil operations in the face of threats and
23
hazards. This section authorizes $250,000,000 for the periodofFY22-26 for the Cybersecurity
~ for the Energy Sector RD&D program, $50,000,000 for the periodof FY22-26 for the Energy
Sector Operational Support for Cyberresilience Program, and $50,000,000 for the period of
FY22-26 for Modeling and Assessing Energy Infrastructure Risk.
Sec. 1106. Cybersecurity Plan. This section allows the Secretary of Energy to require that
award recipients, funded under this Act, submita cybersecurity plan that demonstrates the
entity's cybersecurity maturity in the context of the project.
See. 1107. Savings Provision. This section establishes that nothing in the sublitle affects the
authority of any other Federal department or agency.
Title [I—Supply Chains for Clean Energy Technologies
Sec. 2001. Earth Mapping Resources Initiative. This section codifies the Earth Mapping
Resources Initiative to accelerate mapping efforts at the USGS and authorizes $320,000,000 for
the periodof FY22-26 to complete an initial comprehensive national modern surface and
subsurface mapping and data integration effort to better understand our domestic mineral
resources.
See. 2002. National Cooperative Geologic Mapping Program. This section includes an
abandoned mine land and mine waste geologic mapping component in the geologic mapping
- program to ensure mine waste is catalogued and characterized for the occurrence of critical
‘minerals and extends the existing program through 2031
See. 2003. National Geological and Geophysical Data Preservation Program. This section
directs the National Geological and Geophysical Data Preservation Program to preserve samples
to track geochemical signatures from critical minerals in order to provide for provenance
tracking.
Sec. 2004. USGS energy and minerals research facility. This section authorizes $167,000,000
in funding for a USGS research facility to support energy and minerals research.
Sec. 2005. Rare earth elements demonstration facility. This section authorizes $140,000,000
for FY22 for the DepartmentofEnergy to demonstrate the feasibility of a full-scale integrated
rare earth element extraction and separation facility and refinery to strengthen domestic clean
energy supply chains and provide environmental benefits through the reuse and treatment of
waste material.
Sec. 2006. Critical minerals supply chains and reliability. This section creates improvements
10 the Federal permitting process with respect to critical mineral production on Federal land.
Sec. 2007. Battery processing and manufacturing. This section establishes a “Battery Material
Processing Grant Program” within DOE's Office of Fossil Energy to ensure the US has a viable
=~ battery materials processing industry. This section also establishes within the Office of Energy
24
~ Efficiency and Renewable Energy a battery manufacturin
support and sustain a North American battery supply chain.andThis g recycling grant program to
Sceretary to continue the Lithium-Ion Battery Recycling Prize andsectio n also directs the
battery producer requirements. This section also establishes several conve progr
ne a task force on
DepartmentofEneriy (DOE) that would provide grants for battery recyclams ing
within the
development and demonstration, States and units of local government to assistrescar in the
ch,
establishment or enhancement of State battery collection, recycling, and reprocessing programs
and retailers that sel batteries for the implementation
used batteries. This section authorizes $3,000,000,000orforestab lishmentof a system to collect
FY22-
processing grants, $3,000,000.000 for FY22-26 for battery manuf26 for battery material
actur
and $10,000,000 for FY22 for the recycling prize and $125,000,000 foringtheand recycling grants
battery recycling
programs at DOE.
Sec. 2008. Electric drive vehicle battery recyc and second-life applications program,
This section would expand an existing program ling at the DepartmentofEnergy for rescarch,
developmen, and demonstrationofelectric vehicle batter
for vehicle batteries. This scction authorizes $200,000,000y for recycling and second-life applications
each of FY22-36,
See. 2009. Advanced energy manufacturing and recycling grant program. This section
establishes a grant program focused on small- and
{o build new or retrofit existing manufacturing and mediu
indust
m-sized manufacturers to enable them
rial facilities 0 produce or recycle
advanced energy products in communities where coal mines or coal power plants have closed.
- “This section authorizes $750,000.00 for the period of FY22-26.
See. 2010. Critical minerals mining and recyeling
initiatives to address supply chain resiliency. It establresea rch. This section establishes several
and reclamation rescarch and development grant progrishes am
a critical mineral mining, recycling,
within
establisheas Critical Minerals Subcommitteeofthe National ScientheceDepar tmentofEnergy:
coordinate science and technology efforts on critical minerals includingandrecycl Technology Council to
ing and substitute
materials: and establishes a Department of Energy grant program for pilot projec
recycle, or develop critical minerals. This section authorizes $100,000,000 for thetspilot that process,
project
‘grant program for eachoffiscal years 2021 through 2024,
See. 2011. 21 Century Energy Workforee Advisory Board. This section establishes a 21°
century to support and develop a skilled energy workforce. The board would consist of between
10nd 15 members, at least oneof whom would representa labor organization.
Title I1l—Fuels and Technology Infrastructure Investments
Subtitle A—Carbon Capture, Utilization, and Storage, and Transportation
Infrastructure
Sec. 3001. Findings. This section expresses Congress’ findings regarding the importance of
- carbon capture, utilization, storage and transport technologies and infrastructure to meeting
emissions reductions goals
25
~ Sec. 3002. Carbon utilization program. This section establishes a grant program for state and
Tocal governments to procure and use products derived from captured carbon oxides. It expands
DOE's Carbon Utilization program objectives to include the developmentof standards and
certifications to support commercializationof carbon oxide products. This section authorizes
$41,000,000 for FY22, $63.250000 for FY23, $66,562,500 for FY24, $67,940,625 for FY23,
and $69,387,656 for FY26.
Sec. 3003. Carbon capture technology program. This section expands DOE's Carbon Capture
Technology program to include front-end engineering and design (FEED) for carbon dioxide
transport infrastructure necessary to deploy CCUS technologies. This section authorizes $100
million for FY22-26
Sec. 3004. Carbon dioxide transportation infrastructure finance and innovation. This
section establishes a CO2 Infrastructure Finance and Innovation Act (CIFIA) program, which
will provide flexible, low-interest loans for CO2 transport infrastructure projects and grants for
initial excess capacity on new infrastructure to facilitate future growth. CIFIA will help facilitate
private sector investment in CO2 infrastructure. This section authorizes $600,000,000 for FY22
and 23 and $300,000.000 for each of FY 24-26.
Sec. 3005. Carbon storage validation and testing. This section expands DOE's Carbon Storage
Validation and Testing program to include large-scale commercialization of new or expanded
carbon sequestration projects and associated carbon dioxide transport infrastructure. This section
~ authorizes $2.500.000,000 for FY22-26 for the program.
Sec. 3006. Secure geologic storage permitting. This section provides funding for the permitting
of wells for the geologic sequestrationofcarbon dioxide and creates a grant program for states to
establish their own Class VI permitting programs to ensure rigorous and efficient CO2 geologic
Storage site permitting. This section authorizes $75,000,000 for the period of FY22-26.
See. 3007. Geologic carbon sequestration on the outer Continental Shelf. This section allows
the Departmentofthe Interior to permit geologic carbon sequestration on the outer Continental
Shelf.
Sec. 3008. Carbon Removal. This section authorize a program for projects that contribute to the
development of four regional direct air capture hubs. This section authorizes $3,500,000,000 for
FY22-26 for direct air capture projects o establish the four regional hubs.
Subtitle B—Hydrogen Research and Development
Sec. 3101. Findings; purpose. This section expresses Congress” findings on the importance of
clean hydrogen in promoting energy security and resilience and outlines the need to accelerate
research, development, demonstration, and deploymentofhydrogen from clean energy sources.
_- Sec. 3102. Definitions. The section sets a definition for “clean hydrogen” and “hydrogen.”
26
~ Sec. 3103. Clean hydrogen research and development program. This section re-cstablishes
and expands the scopeof DOE's hydrogen research and development program to advance cross-
cutting R&D for purposes of demonstration and commercialization of clean hydrogen
production, processing, delivery and end-use application technologies.
Sec. 3104. Additional clean hydrogen programs. This section establishes clean hydrogen
programs at DOE, including:
Atleast four regional clean hydrogen hubs to demonstrate the production, processing.
delivery, storage, and end-useofclean hydrogen. This section authorizes $8.000,000,000
for the period of FY22-26.
* The development of
a national strategy and roadmap to facilitate a clean hydrogen
economy.
* A clean hydrogen manufacturing and recycling program to support a clean hydrogen
domestic supply chain. For this program, the section authorizes $50,000,000 for the
period of FY22-26.
+ A demonstration, commercialization and deployment program intended to decrease the
cost of clean hydrogen production from electrolyzers. For this program, the section
authorizes $1,000,000,000 for the period of FY22-26.
* The efficient execution of DOE's clean hydrogen program by instructing the National
Energy Technology Laboratory, the National Renewable Energy Laboratory, and Idaho
National to work in acrosscutting manner to carry out the new regional clean hydrogen
i-~ hubs and clean hydrogen manufacturing and recycling programs,
Sec. 3105. Clean Hydrogen Production Qualifications. This section directs the Secretary, in
consultation with the EPA Administrator and outside stakeholders, to develop an initial standard
for the carbon intensityof clean hydrogen production from renewable fossil fuel with CCUS,
nuclear, and other fuel sources, beginning at 2 kilograms carbon dioxide per kilogram hydrogen
(kg-CO/kg-Hz), adjusted after five years, and accounting for technological and economic
feasibility to be applied to the activities in this title.
Sec. 3202. Property interests relating to certain projects and protection of information
relating to certain agreements. This section allows the DOE to transfer fee title orproperty
interest acquired by the Secretary in relation to any project funded under the Advanced Reactor
Demonstration Program and extends the confidentialityof intellectual property associated with
the Advanced Demonstration Program from $ years to 30 years.
Sec. 3203. Civil nuclear credit program. This section provides the DOE with the authority. in
Pe. consultation with the headsofapplicable Federal agencies, to establish a process to evaluate bids
27
through an auction process and select certified nuclear reactors to be allocated credits. This
~ section authorizes $6,000,000,000 for the periodoffiscal years FY22-26.
Subtitle D—Hydropower
Sec. 3301. Hydroelectric production incentives. This section ‘authorizes $125,0
00,000 for
FY22 for hydroelectric production incentives until expended.
Sec. 3302. Hydroelectric efficiency improvement incentives. This section authorizes
$75,000,000 for FY22 for hydroelectric efficiency improvement incentives until‘ex
pended.
Sec. 3303. Maintaining and enhancing hydroelectricity incentives. This section
directs the
Secretary of Energy to make incentive payments to the owners and operators of
hydroelectric
facilities for capital improvements related to ‘maintaining and enhancing hydroel
ectricity
‘generation by improving grid resiliency. improving dam safety, and environmental
improvements. This section authorizes $53,600,000 for FY22 until expended.
-_ Sec. 330. Authority for pumped storage hydropower development using multiple Bureau
of Reclamation reservoirs. This section creates a streamlined process under the
Bureau of
Reclamation for pumped storage hydropower development projects and
clarifies that certain
pumped storage projects using multiple BOR reservoirs shall proceed through BOR's permitting
process, not through both the Federal Energy Regulatory Commission and Bureau of
Reclamation processes.
See. 3306. Limitations on issuanceofcertain leases of power privilege. This section provide
requirements for the Secretary of the Interior conceming the issuance of s
privilege for a lease ofpowe r
a proposed pumped storage project in Washington State.
Subtitle E—Miscellancous
Sec. 3401. Solar Energy Technologies on Curren t and Former Mine Land. This section
requiresthe DOE 10 create a report of the viabilityofsit ing solar energy on current former
mine land, including necessary interconnection, transmission siting, and the impact and
on local job
creation.
Sec. 3402. Clean energy demonstration program on current and former mine land. This
section establishes a program to demonstrate the technical and economic
viability of carrying out
clean energy projects on current and former mine land in a compatible manner
with any existing
operations. This section authorizes $500,000,000 for the period of
FY22-26.
-
2%
Sec. 3403. Leases, casements, and rights-of-way for energy and related purposes on the
~ Outer Continental Shelf. This section amends the Outer Continental Shelf Lands Act to permit
offshore energy storage. This will provide flexibility for the incorporationof energy storage
technologies into future offshore energy development, such as battery storage for offshore wind.
Title IV—Enabling Energy Infrastructure Investment and Data
Collection
Subtitle C—Miscellaneous
mm Sec. 4201. Consideration of measures to promote. greater electr
ification of the
transportation sector. This section directs states to consider measu
res to promote greater
electrificationof the transportation sector including the establishmen
tof rates thatpromote
affordable and equitable electric vehicle charging options, improve the
customer experience
associated with EV charging including reducing wait times, accelerate third-party
investment in
public electric vehicle charging. and appropriately recover the marginal costs of delive
electricity to electric vehicl ring
es and electric vehicle charging infrastructure.
Sec. 4204. Study and report by the Secretary of Energy on job loss and impacts
‘consumer energy costs due to the revocation of the permit for the
on
Keystone XL pipeline.
This section requires the Secretary of Energy to complete a study and
impacts on consumer energy costs due to the revocation of the permit report
for the
on the job loss and
Keystone XL
pipeline.
-~
30
- Sec. 4205. Study on impact of electric vehicles. This section requires the Secretaryof Energy
to conduct a study on the cradle to grave environmental impactof electric vehicles,
Sec. 4206. Study on impact of forced labor
This section requires the Secretary of Energy, inin China on the electric vehicle supply chain.
coordination with the Secretary of State, to
study the impact offorced labor in China on the electric vehicle supply chain
-
31
Sec. 5104. Commercial building energy consumption information sharing. This sectio
~ requires the EIA and EPA to agree to an information sharing agreement related to n
building energy consumption data.
commercial
See. 6001. Orphaned well site plugging, remediation, and restorat This section authorizes
$4,707.000,000 for programs to plug, remediate, and reclaim orphaneion.
d wells on Federal, State,
and Tribal lands.
Title VII Abandoned Mine Land Reclamation
Sec. 7001. Abandoned Mine Reclamation Fund authorization of appropriations. This
section authorizes $11,293,000,000 in funds for the Abandoned Mine Land Reclamation Fund.
Sec. 7002. Abandoned Mine Reclamation Fee. This section adjusts the rates of the Abandoned
Mine Reclamation Fee to 22.4 cents per ton of coal produced by surface mining, 9.6 cents
per tonofcoal produced by underground mining. and 6.4 cents per ton forcoallignite coal. This
section also extends the fee until 2034.
Sec. 7003. Amounts distributed from Abandoned Mine Reclamation Fund. This section
extends the dats that amounts are to be distributed until 2036,
Sec. 7004. Abandoned hardrock mine reclamation. This section establishes a new program
within the Department of the Interior to inventory, assess. decommission, reclaim,
-~ hazardous substance releases on, and remediate abandoned hardrock mine land. Thisrespond fo
section
authorizes $3.000.000,000, of which SO percent is reserved for grants to States and Tribes and 50
percent is reserved for useon Federal land.
Atle
Re
Title VIII—
so Natur
ur ce
al Resou s-
rces- Re
RelatedInfra struc
Infrasla ture,
tructu te
re, Wildfd
Wildfiire
re
Management, and Ecosystem Restoration
See. 8001. Forest Service Legacy Road and Trail Remediation Program. This section
authorizes $250,000.00 for the Forest Service's Legacy
activities to restore fish passage in streams at road and trailRoad and Trail program, which funds
crossings, decommission
unauthorized, user-created roads, decommission temporary roads, and other activites.
Sec. 8002. Study and report on feasibility of revegetating reclaimed mine
requires the Directorofthe Office of Surface Mining Reclamation to submit a sites. This section
study on the
feasibility of revegetating reclaimed mine sites
Sec. 8003. Wildfire risk reduction. This section authorizes $3,369,200,000 to the Department
of the Interior and the Forest Service for wildfire risk reductio n by
‘community wildfire defense grants, mechanical thinning, controlledprovidi ng funding for
burns, the Collaborative
Forest Restoration Program, and firefighting resources.
tn
34
-~ Sec. 8004. Ecosystem restoration. This section authorizes $2,130,000,000 for the Department
of the Interior and the Forest Service to restore the ecological healthof Federal lands and waters
andofprivate lands, through voluntary efforts, via a variety of programs, including through
‘partnering with States.
Sec. 8005. GAO Study. This section directs the Comptroller General ofthe United States to
conduct a study on the implementationof this Title and whether it effectively reduced wildfire
risk and restored ecosystems. This section authorizes $800,000 for this study.
Sec. 8006. Establishment of fuel breaks in forests and other wildland vegetation. This
section establishes a categorical exclusion for certain forest management activities from the
requirements under the National Environmental Policy Act.
Sec. 8007. Emergency actions. This section allows the Secretary to designate certain situations
as emergency situations and take authorized emergency actions in response
TitleIX—WesternWaterInfrastructure
Sec. 9001. Western water infrastructure. This section authorizes $8,300,000,000 for FY22-26
for Bureau of Reclamation western water infrastructure, including:
«$3.2 billion for aging infrastructure,
~ «$1.15 billion for water storage, groundwater storage and conveyance projects (includes
$100 million for small water storage),
«$1 billion for water recycling and reuse projects (includes $450 million for large water
recycling projects),
«$250 million for desalination projects,
« S1 bilion for rural water projects,
«$500 million for dam safety projects,
«$300 million for Drought Contingency Plan (includes $50 million for Upper Basin
States),
* $400 million for waterSMART Water and Energy Efficiency Grants (includes $100
million for natural infrastructure projects),
«$100 million for the Cooperative Watershed Management Program,
«$250 million for Aquatic Ecosystem Restoration Program,
«$100 million for multi-benefit watershed projects, and
= $50 million for Colorado River fish species recovery programs.
Sec. 9002. Water storage, groundwater storage and conveyance projects. This section
clarifies eligibility and requirements for feasibility studies and construction funding for storage
and conveyance projects.
Sec. 9003. Small water storage and groundwater storage projects. This section authorizes
~ $100 million for
a new competitive grant program for small water storage projects.
3s
~ Sec. 9004. Critical maintenance and repair. This section authorizes $100 million in funding to
support certain Bureau of Reclamation infrastructure that has failed in the last two years. This
section also authorizes $100 million in funding for dams developed under the Carey Act of 1894
Sec. 9005. Large-scale water recycling and reuse projects. This section authorizes $450
million for a new competitive grant program for large-scale water recycling and reuse projects.
Sec. 9006. Drought contingency plan funding requires. This section clarifies how the drought
contingency plan funding can be used.
Sec. 9007. Mult-benefit projects to improve watershed health. This section authorizes $100
million fora new competitive grant program for habitat restoration projects in river basins that
have been impacted by Bureau of Reclamation water projects.
Sec. 9008. Eligible desalination projets. This section provides a technical amendment to
current law.
Sec. 9009. Clarification of authority to use Coronavirus Fiscal Recovery Funds to meet a
non-federal matching requirement for authorized Bureau of Reclamation water projects.
‘The American Rescue Plan authorized State and local funds to be used broadly for water
infrastructure. This section clarifies that these funds can be used to satisfy non-Federal matching
- requirements for authorized Bureau of Reclamation projects.
Sec. 9010. Federal assistance for groundwater recharge, aquifer storage, and water source
substitution projects. This amendment authorizes the Bureau of Reclamation to provide.
technical and financial assistance for groundwater recharge, aquifer storage, and water source
substitution projects.
Title X—Authorization of Appropriations for Energy Act of 2020
Sec. 10001. Energy storage demonstration projects. This section authorizes funding for the
Encrgy Storage Demonstration Projects and Pilot Grant Program authorized by the Energy Act
02020. This section authorizes $353,000,000 for FY 22-25 for that program. This scction also
authorizes $150,000,000 for FY22-25 for a Long-duration Demonstration Initiative and Joint
Program.
Sec. 10002. Advanced reactor demonstration program. This section authorizes
$3,211,000,000 for the Advanced Reactor Demonstration Program authorized in the Energy Act
072020 for FY22-27
Sec. 10003. Mineral security projects. This section authorizes $825,668,000 in funding for FY
22-26 for the National Geological and Geophysical Data Preservation Program, Rare Earth
Mineral Security, Critical Material Innovation, Efficiency, and Altematives, and a Critical
-~ Mineral Supply Chain Research Facility authorized by the Energy Actof2020.
36
~ Sec. 10004. Carbon capture demonstration and pilot programs. This section authorizes
$3,474.000,000 for FY 22-25 for Carbon Capture Large-Scale Pilot Projects and Carbon Capture
Demonstration Projects authorized by the Energy Act of 2020.
Sec. 10005. Direct air capture technologies prize competitions. This section authorizes
$115,000,000 for FY 22-25 for the Direct Air Capture Technologies Prize Competition
authorized by the Energy Act of 2020.
Sec. 10006. Water power projets. This section authorizes $146.400,000 for FY 22-25 for
hydropower and marine energy and National Marine Energy Centers authorized by the Encrey
Actof2020.
Sec. 10007. Renewable energy projects. This section authorizes funding for the period of
FY22-25 for renewable energy demonstration projects including $84,000,000 for enhanced
‘geothermal systems, $10,000,000 for wind enerey, and $80,000,000 for solar energy authorized
by the Encrey Act of 2020. It includes a provision making it ¢lear that the authorization for wind
energy is part of the Energy Act authorization.
Sec. 10008. Industrial emissions demonstration projects. This scetion authorizes
500,000,000 for FY 22-25 for industrial emissions demonstration projets authorized by the
Energy Act of 2020.
- : N
Title XI—Wage Rate Requirements
Sec. 11001. Wage Rate Requirements. This section requires that wages for projects funded
under this Act are not less than those prevailing on similar projects in the locality
Title XII—Miscellaneous
Sec. 12001. Office of Clean Energy Demonstrations. This section establishes an
Clean Energy Demonstrations at the Department of Encrgy to coordinate actvitics Office of
relating o the
selection, project management, and assessment ofdemonstration projects funded by the
Department.
Sec. 12002. Extension of Secure Rural Schools and Community Self-Determination Act of
2000. This section extends the Secure Rural Schools and Community Self-Determination Act,
-~
37
- Dam Safety and Removal
Dam Safety and Removal: Includes funding for existing programs at FEMA, NOAA, the Army
Corps, the U.S. Forest Service, and the U.S. Fish and Wildlife Service to support dam safety
improvements, as well as for removing in-stream barriers to restore fish and wildlife passage and
dams. Includes provisions to ensure that this funding provides no new authority to remove,
breach, or otherwise alter the operations of a federal hydropower dam. Also includesprovisions.
0 ensure dam removal projects include written consentof the dam owner, if ownership is
stablished.
-
38
- 48C Tax Credit
Section-by-Section:
8 Billion in Energy-related Manufacturing and Industry:
«Available as a 30% investment tax credit to manufacturers and other industrial users to
retool, expand, or build new facilities that make or recycle energy-related products or to
reduce their process-related greenhouse gas emissions.
«Includes a $4 billion carve out for use in communities where coal mines have closed or
coal power plants have retired (that have not previously received the $45C tax credit).
Build New or Retrofit Existing Manufacturing and Industrial Facilites to Produce or
Recycle a Wide Range of Energy Products, Including:
Advanced electric grid, energy storage, and fuel cell equipment;
«Equipment for the productionoflow-carbon, low-emission fuels, chemicals and products;
«Renewable energy and energy efficiency equipment, from insulation to geothermal drills;
«Products or technologies that capture, remove, use or store carbon dioxide; and,
«Advanced light~, med-, and heavy-duty vehicles, components, and related infrastructure.
Provides Assistance to Applicants and Creates Jobs Where the Tax Credits are Applied:
Provides new guidelines and technical assistance to aid applicants in states that have not
accessed the §48C manufacturing tax credit in the past
~ + Promotes domestic job creation that draws on existing skilled workforces, particularly
workers dislocated from manufacturing, coal mining, or retired coal power plants.
Promotes reinvestment in communities experiencing high unemployment
«Enables manufacturers withlowertax liability to elect a direct pay option capped at 85%
of the tax credit amount.
-~
39
- Resiliency — Flood Mitigation
$7 billion for Army Corps of Engineers infrastructure priorities. This includes $150 million for
Corps Investigations for technical assistance and to initiate or complete previously authorized
studies. In addition. $6 billion is provided for Corps construction projets to help address the
huge backlog of authorized projects that have yet to receive funding. Included under Corps
construction are specific funding set-asides for Coastal Storm Risk Management/Hurricane and
Storm Damage Reduction Projects, Inland Flood Risk Management Projects and Aquatic
Ecosystem Restoration Projects. Within each of these construction project set-aside language is
included that clarifies that a significant amountof this funding is to be reserved for multi-
purpose projects/programs. Furthermore, Coastal Storm Risk Management/Hurricane and Storm
Damage Reduction Projects would target States that have been impacted by federally-declared
disasters over the last six years. In addition, $500 million is provided for Corps Mississippi
Rivers and Tributaries (MR&T) Projects and $251 million is available for Corps Flood Control
and Coastal Emergencies Projects. There is also $200 million for Corps General Expenses and
Regulatory Needs which is spit evenly between the Flood Resiliency and Ports and Waterways
Working Groups.
$492M for the National Oceanic and Atmospheric Administration (NOAA) National
Coastal Resiliency Fund, a partnership with the National Fish and Wildlife Foundation
(NEWE). This program improves the resilience of coastal communities to flooding and
inundation by restoring or expanding natural ecosystems, while enhancing fish and wildlife
- habitats and increasing protection for communities from coastal hazards.
$491M for the NOAA Community-Based Restoration Projet. This program helps protect the
safety and well-being of coastal communities by buffering shorelines from erosion, reducing
flooding, and removing potentially hazardous structures.
$492M for NOAA mapping, observations and modeling, Investments in NOAA flood
‘mapping and modelingprogramscan have significant benefits of protecting lives and property
during extreme weather events. Specific programs funded include the Coastal Mapping Program,
nextGen National Water Modeling framework, Atlas 14 & Probably Maximum Precipitation,
and flood inundation maps (FIM) that depict the extent and depthoffloods stemming from
actual and forecasted evens
25M for the NOAA National Mesonet Program for the acquisition and useofdata generated
by the Upper Missouri River Basin soil moisture and snowpack monitoring network, currently
being implemented by the Army Corps of Engineers. This network was authorized by the Water
Resources Development Act (WRDA) of2020. The soil in the Upper Missouri River Basin has
the capacity to store more than three times the water in the system's massive reservoirs. Without
this monitoring system, forecasters and river managers are unable to adequately assess drought
conditions or flood potential - bothofwhich are critical to the protection of life and property in
the entire Missouri River Basin.
-
40
- $3.58 for FEMA Flood Mitigation Assistance program. This program helps provide financial
and technical assistance to states and communities to reduce the risk of flood damage to homes
and businesses through buyouts, elevation and other activities. These activities protect lives and
property and help reduce future federal disaster expenditures.
-
41
-~ Resiliency — BRIC
Summary Table:
___ FEMABuilding Resilient Infrastructure andCommunities (BR i
S1.000000.000 | General Funding for BRIC
Section-by-Section:
SIB for the FEMA Building Resilient Infrastructure and Communities (BRIC) Program.
This is a pre-disaster mitigation program, supporting states, local communities, tribes and
territories undertaking hazard mitigation projects o reduce the risks they face from disasters and
natural hazards.
-~
-
42
- Resiliency — Waste Management
$75M for the RECYCLE Act (8.923), which authorizes a new $15 million per year grant
program at the EPA to help educate households and consumers about their residential and
‘community recycling program. This helps decrease contamination in the recycling stream and
helps support recycling infrastructure.
$275M for the Save Our Seas Act 2.0 Sec. 302 Post-Consumer Materials Management
Grants, at $55M per year. This would fund a new grant program to support improvements to
local post-consumer materials management, including municipal recycling program.
$100M for the EPA Pollution prevention program, where the EPA provides grants and
technical assistance to help businesses adopt pollution prevention practices.
- S10M for a bioproduct pilot program at the U.S. Departmentof Agriculture to partner with
at least one university affiliated bioproduct research facility to study the relative benefits of using.
‘materials derived from agricultural commodities in the productionofconstruction and consumer
products. The benefits to be studied include waste management cost and greenhouse gas
emission reductions and other environmental benefits.
~~
3
- Resiliency — Drought
$2.28 over § years for the Aging Infrastructure Account. The Aging Infrastructure Account
‘was created in the 2020 Consolidated Appropriations bill. Its function is to provide funds and
funding assistance to The Bureauof Reclamation for costsofcertain major, nonrecurring
‘maintenanceofbureau-owned water infrastructure at water infrastructure projects across the
West that are in needofmajor upgrades or replacement. The total number oftreatment facilities
that fall under the category the Account covers comes in at 80 percent. As those facilities, most
of which are more than 50 years old, continue to age, the issueof treating water thoroughly and
in a timely manner only increases.
SS00M over 5 years for the Western Area Power Administration's power purchase and
transmission activities. The West and Midwest have over the past year been hit by worseni
ng
drought conditions and polar vortex, which has impacted WAPA's reserve funds topurchase
power on the open market. This funding will provideacritical infusion of funds to ensure that
as.
drought conditions worsen WAPA's does not deplete their power purchase funds. A depletion
of
funds would result in significant rate increases to customers across 15 states,
S80M over 5 years for NOAA procurement of ‘high-performance computing. This funding
will allow NOAA to procure research supercomputing infrastructure used for weather and
climate model development to improve drought, flood, and wildfire prediction, detection, and
forecasting. NOAA has informed the Drought working group that this is their highest priority for
-~ ‘monitoring and responding to drought conditions.
S340M for $ years (total S17) for Indian Health Services Sanitation Facilities
Construction Enhancement. Sanitation and water infrastructure on tribal lands is
outdated, as was made clear during the COVID-19 pandemic. This funding will be severely
provided for
sanitation facilities construction within Indian Health Services at HHS. Such funds would
provide for the planning, design, construction. modernization, improvement, and renovation
water, sewer, and solid waste sanitation facilities that are funded, in whole or part,
of
by the Indian
Health Service.
SI00M over $ years for Drought Contingency Plan Funding. The Drought Contingency Plan
‘wasagreed between the 7 states of the Upper and Lower Colorado Basins, and
approved by
Congress, to prepare for increasingly harsh drought conditions. This section provides
S50M each
to the Upper and Lower Basins for drought contingency operations, such as monitoring and
reclamation at Lake Powell and Lake Mead.
S40M over years for Missouri River Basin Drought and Snowpack Monitoring. This
funding is provided to the Army Corps of ‘Engineers to carry out Soil Moisture and
Snowpack
Monitoring activities as authorized in section 4003(a) of the Water Resources
Reform and
Development Actof2014. These activities will enhance soil moisture and snowpac monitoring
iin the Upper Missouri River Basin to reduce flood risk and improve river and waterkresource
management in the Upper Missouri River Basin as extreme drought conditions spread across the
-— us.
44
~ SIM over § years for a Soil Moisture and Snowpack Monitoring Pilot Program. This
funding will support a NOAA study and pilot program with the State mesonef programs in the
Upper Missouri River Basin. The program will study soil moisture and snowpack monitoring
network in the Upper Missouri River Basin pursuant t section 311(b)3) of the Water Resources.
Development Act of2020. The study will include assessments of:
«The contribution ofthe soil moisture, snowpack, and other relevant data generated by the
network to weather, sub-seasonal and seasonal, and climate forecasting products on the
local, regional, and national levels;
+ The enhancements made to the National Integrated Drought Information System, the
National Water Model, and the United States Drought Monitor, and other relevant
nationalmodelingefforts, using data and derived data products generated by the network:
+ The contribution ofdata gencrated by the network to remote sensing products and
approaches: and
«The viabilty ofthe ownership and operational structure of the network.
S618Mover S years for USDA NRCS Watershed Programs. This section provides SS00M for
Watershed and Flood Prevention Operations (WFPO) and $118M for Watershed Rehabilitation
Programs. Both programs ar critically important to Western and Midwestern stats being hit by
drought. WFPO helps units of federal, stat, loca, and ribal governments protect
watersheds up 10 250,000 acres. This program provides for cooperation between theandFederal
restore
a ovemment and th states and their politcal subdivisions to work together
floodwater and sediment damage; to further the conservation developmen, touseprevent crosion;
and disposal of
water; and 10 further the conservation and proper use of land in authorized watersheds
The Watershed Rehabilitation Program helps project sponsors rehabilitate aging dams that are
reaching the endoftheir design lives. This rehabilitation addresses critical public health and
safety concemns. Since 1948, the Natural Resources Conservation Service NRCS has assisted
local sponsors in constructing 11,845 dam projects.
S216Mover $ years for Tribal Climate Resilience. This section provides $216 million for
tribal climate resilience, adaptation, and community relocation planning, design, and
implementation ofprojects which address th varying climate challenges facing tribal
communities across the country. Of that, S130M is for community relocation and $86M is for
climate resilience and adaptation projects
SOOM over 5 years for the Low-Income Housing Energy Assistance Program (LIHEAP).
This funding will provide low-income families in hot-weather states assistance with rising
energy prices due to extreme heat and drought.
SS00Mover S years for the STORM Act — STORM was signed into aw in January and created
anew program at FEMA to help states establish revolving loan funds that could be used by local
‘governments to carry out mitigation projects that reduce natural disaster risk. These low-interest
loans would allow local governments to invest in resiliency and mitigation projects that help
a reduce lossoflife and property, the cost of insurance, and disaster recovery payments. These
45
=~ loans would reach communities more quickly than FEMA's traditional grants
‘communities with capital necessary to inves! in more resilient infrastructure. and provide local
-~
46
-~ Resiliency — Ecosystems
BT TTT
-~
[sooo Tremitimgwscy |
[20000000 Tremitimgvorny |
-
47
- Resiliency — Wildfire Management
Authorizes and funds $5.75B for Title VIII of the Energy Infrastructure Act of 2021. as
reported outof the Energy & Natural Resources Committee, for natural resources-related
infrastructure, wildfire management, and restoration.
$35.6M per year for 5 years (total $178M) for the Department of Interior to carry out
hazardous fuels reduction projects. This amount includes S2M per year for 5 years (total
$10M) for projects authorized under the Tribal Forestry Protection Act.
$45M per year for 5 years (total $225M) for the Department of Interior to carry out Burned
‘Area Rehabilitation programs.
$102.8M per year for 5 years (total $514M) for the Forest Service to carry out hazardous fuels
reduction projects. This amount includes $8M per year for 5 years (total $40M) for projects
authorized under the Tribal Forestry Protection Act, and $13M per year for 5 years (total
$60M) for Community Wood Energy and Wood Innovation Grants.
$45M per year for 5 years (total $225M) for the Forest Service to carry out Burned Area
Rehabilitation programs.
$40M per year for 5 years (total 200M) for the Forest Service to carry out State and Private
-~ Forestry grants to states for hazardous fuel work. This includes $17.6M per year for S years
(total S88M) for State Fire Assistance Grants for hazardous fuels projects and $4M per year for 5
years (total $20M) for Volunteer Fire Assistance grants.
$100M per year for 5 years (total $300M) for Forest Service Community Defense Grants.
$20M per year for 5 years (total $100M)for the Forest Service for construction, maintenance,
and decommissioning of roads limited to forest restoration projects.
$300M over 5 years for the USDA Natural Resources Conservation Service for the
Emergency Watershed Protection Program.
$50M in FY22 to carry out Public Law 102-575, the Central Utah Project Completion Act.
$100M over 5 years for NOAA Fireweather Testbed programs. These funds will be used to
procure new systemsand recapitalize existing and outdated systems to improve wildfire
prediction, detection, observation, modeling, and forecasting.
Includes the Wildland Fire Mitigation & Management Commission Actof 2021, as
unanimously reported out ofthe Homeland Security and Government Affairs Committee, which
establishes a commission to study and recommend wildland fire prevention, mitigation,
suppression, management, and rehabilitation policies.
-
48
~ Includes the REPLANT Act (S. 866), which removes the current S30M per year cap on the
Reforestation Trust Fund, and will help the U.S. Forest Service plant 1.2 billion trees on national
forest lands and create nearly 49,000 jobs over the next decade. The Reforestation Trust Fund is
funded by tariffs collected on wood products. Currently revenues over $30M are directed to the
U.S. Treasury General Fund
-
49
-~ Resiliency — Cyber
S20M per year for§ years (total S100M) for the Cyber Response and Recovery Fund. This
provision is not law, but passed the Senate in the US Innovation and Competition Act of 2021 to
develop
a consensus on how best the U.S. can defenditselfagainst cyberattacks. The bill allows
the Secretaryof Homeland Security to declare a Significant Incident following a breach of public
and private networks and a fund that allows the CISA to provide direct support to public or
private entities as they respond and recover from significant cyberattacks and breaches. Any
unused funds remain available until expended with the program ending September 30, 202.
‘The State, Local, Tribal, and Territorial (SLTT) Grant Program will be a new authorization
‘with a total $1B allocated over
4 years (200M FY22, $400M FY23, $300M FY24, $100M
FY25). Funds are available until expended. Senator Hassan's team has received TA from Federal
Emergency Management Agency (FEMA) and CISA, and has the supportof Chairman Peters
and RM Portman for inclusion. This will establish a new grant program and guard-rails to
provide Federal assistance to SLTT entities. The current grant programs to provide cybersecurity
assistance to SLTT entities has inherent flaws that this program will address. The program will
be administered by FEMA in consultation with CISA acting as the subject matter expert.
$31.5M per year over 5 years (total $157.5M) for DHS Science and Technology Directorate
for Research and Development. These funds will include support for specific areas of research
related to risk assessments; cybersecurity vulnerability testing; and positioning, navigation, and
timing capabilities.
$35M in FY22 for CISA Sector Risk Management. This is a one-time investment for CISA to
establish a capability to oversee and execute cross-sector government critical infrastructure to
support CISA's national cross-sector coordination role, established in the FY21 NDAA.
S21M to the Office of the National Cyber Director, which will be available until September
30, 2022. The National Cyber Director was swomn in to office July 14, 2021. This office does not
currently have appropriated funds. For the Cyber Director to get to work, this language will
‘bridge a funding gap until such time asfunds are appropriated for FY22.
-
50
- Low/No Carbon Buses and Ferries
Funding Table:
-
s1
- State and Tribal Assistance Grants: Brownfields
Funding Table:
[Stateand Tribal Assistance Grants:BrownfieldsSLS billion |
$1.200,000.000_| Brownfields Competitive Grants
$30,000,000 | Brownfields Categorical Grants
Section-by-Section:
SLS billion equally distributed over § years for State and Tribal Assistance Grants:
Brownfields This sectionof the bill would provide significant investment into the Brownfields
program to help communities, States, Tribes and others to assess, safely clean up, and
sustainably reuse contaminated properties.
It provides $1.2 billion for the Brownfields competitive grants while raising grant caps for half
of the competitive grant funding under this section ($600 million).
‘The remaining $300 million has been dedicated for Brownfields categorical grants to support
the development and progress being made under state-led Brownfields efforts. All state cost
share requirements for this section have been waived.
-
-~
52
- Superfund: Remedial
Funding Table:
-
3
-~ Private Sector Leveraging Provisions in the Bipartisan
Infrastructure Framework
“This infrastructure framework creates various programs which leverage additional private sector
investment in infrastructure progra tocreate
ms jobs and strengthen the economy. These bonds
create the following benefits
«Stretches federal money by allowing private partesto issue tax-free bonds
«Brings private sector efficiency and decision-making — ensuring projects are completed
more efficiently, quickly, and for less money. This will also ensure selection of
economically efficient projects.
As currently writen, there are no Davis-Bacon® or prevailing wage provisions.
Broadband - JCT estimate S600 million
‘The bipartisan Rural Broadband Financing Flexibility Act 5.1676) is template for adding
broadband as an allowable use for private activitybonds (PAB). This the would allow states
issue PABS to finance broadband deployment, specifically for projects in rural areas wheretoa
majority of households do not haveaccessto broadband. Adding broadband build outs in
unserved arcas as a qualified use will atract capital and businesses in areas that otherwise may
not be atractiveto investment,
~ Carbon Capture — JCT estimate $242 million
‘The bipartisan Carbon Capture Improvement Act (S. 1829) allows carbon capture and direct air
capture (DAC) technologies to be eligible for PAB financing. Carbon
dioxide from an cisions stream at a power plant or industrial facilitycapture removes carbon
reducing emissions
energy-intensive industries. DAC is an innovative emerging technology that removes carbonfrom
dioxide dircetly from the atmosphere. These technologies allow us to reduce emissions
protect the environment while continuing to use our natural resources, but fist generationand
facilities can cost upwardsof$1 billion. Private activity bond financing encourages commercial
deployment, which is essential for bringing costs down and developing these technologies to
scale,
Surface Transportation — JCT estimate S500 million
‘The framework increases the current capoftax-exempt highway or surface freight transfer
facility bonds from S15 billion to $30 billion as proposed by the bipartisan BUILD Act (5.881).
Currently, $14,989,529,000 billionofthe S15 billion cap has been issued or allocated. Increasing
the cap will allow state and local governments to enter into additional public-private partnerships
to supplement future surface transportation projects with private investment.
Asset Concession Incentives:
$100 million equally distributed over $ years for technical assistance grants for organizational
capacity and grants for expert services. This funding will help communities engage
Private-Partnerships (P35) like asset recycling that generate new revenue and make ininfrastructur
Public-
more efficient. It provides $100 million for grants to facilitate access to expert services and e
54
~ ‘grants to communities to enhance their technical capacity to participate in public private
partnerships. This program wouldbeadministered by the Department of Transporta tion (DOT)
and would be used for projects eligible underthe Transportation Infrastructure Finance and
Innovation Act (TIFIA), which currently include highway, transit, railroad, intermodal freight,
and port access projects, and will include airport projects under authorization language included
elsewhere in this package. Grantees must demonstrate robust safeguards to protect consumer s
and state governments from predatory public-private-partnership agreements.
Value for Money Analysis Requirement:
Requires applicants for TIFIA and Railroad Rehabilitation & Improvement Financing loans for
projects over $750 million in costs to conduct a Value for Money (VM) analysis in order to
evaluate the benefits ofa P3 financing option for significant projects. While a majorityof states
have P3 enabling laws, financing a project through a P3 model can be complex and costly. This
leads to the underutilizationofthe P3 option. Evaluating the valueofthe P3 model is an
important step that is not always taken.
Conducting a VIM analysis helps a public entity explore the P3 model against traditional public-
sector funding and financing. Through a reviewofprojected,
VIM ensures that states and localities are giving the P3 modelrisk-adjus ted life-cycle costs, a
a fair shot. Through focusing on
those projects secking TIFIA and RRIF loans, DOT will be able to report to Congress on the true
wilizationof the P3 financing model for those projectsof which the P3 model is best suited.
-
-
ss
- Permitting Provisions
‘The permitting provisions include the following components:
“The bill includes S. 2324, the Federal Permitting Reform and Jobs Act, which will lift sunset on
FAST-41, which is set 0 expire in December 2022, and expand and improve upon is current
authorities. In 2015, Senators Portman and McCaskill co-sponsored the Federal Permitting
Improvement Act, which Congress ultimately enacted into law as Title 41 of the Fixing
America’s Surface Transportation (FAST) Act. That law, now known as FAST-41, significantly
reformed the federal infrastructure permitting process. while leaving environmental protections
in place. Most significantly, it created the Federal Permitting Improvement Steering Council
(Permitting Council), which brings together agencies at the start ofthe permitting process for
some of the largest, most complicated infrastructure projects to prepare a comprehensive plan for
the permitting process across agencies. Those projects, known as covered projects, must be
subject to NEPA and generally must be likely to require $200 million or more of investment,
unless the Permitting Council believes a project would benefit from enhanced coordination and
is likely to require authorizations from more than two federal agencies. The public can track the
permitting progress for eachof those projects at wwiw.permits performance. gov.
Since FAST-41 became law, the Permitting Council has helped more than 50 projects with their
permitting processes, saved projects more than abillion dollars, reduced permitting timelines
substantially, helped project sponsors create more than a hundred thousand jobs, and resolved
-~ numerous interagency conflicts. This bill will make FAST-41 permanent; expand FAST-41
benefits to tribal projects; set a two-year goal for permitting covered projects; encourage federal
agencies to use one document to track permitting decisions (“One Federal Decision”); and
improve the PermittingCouncil'sday-to-day operations.
The bill also includes the project delivery provisions of the Surface Transportation
Reauthorization Act of 2021, which includes numerous permitting reforms for Title 23 highway
projects. It will codify One Federal Decision for highway projects, which sets a two-year goal
for completing the environmental review and permitting process for major projects and requires.
agencies to coordinate ona predictable, joint schedule. Federal agencies are also directed to
adopt categorical exclusions that would improve the timelinessof the process. Additionally, the
Secretaryof the Department of Transportation will be charged with identifying impediments to
the permitting process, developing best practices and improving transparency
-
56
~ Cryptocurrency
The bipartisan infrastructure framework applies information reporting requirements to digita
assets (including cryptocurrency) to ensure they are properly reported to the IRS. The provi l
includes updating the definition of broker to refle sion
c the realities of how digita
and traded. The provision further makes clear that broke-to-broker reporting appli l asset s are acqui red
iransfers ofcovered securities within the meaning ofsection 6045(g)(3), including esdigita to all
l assets.
Additionally, digital assets are added to the current rules requiring businesses to repor
payments over $10,000. t cash
-
57