Water Infrastructure

As stated in GCC's Equitable Adaptation Legal & Policy Toolkit, "[c]limate change already is affecting water resources across America and data suggests the change will continue and may accelerate. Frontline communities with increased exposure to environmental pollution are more likely to confront issues related to water quality, for example, exposure to contaminated water through lead poisoning or increased stormwater and flooding affecting the quantity of water. As a result, climate-change-related weather events threaten to aggravate and worsen those existing risks to water quantity and quality. Climate change also “worsens water resource risks that are often disproportionately borne by frontline communities. Frontline populations tend to disproportionately live in areas that have the greatest risk of flooding; they face the greatest financial hurdles obtaining water during shortages or even when supplies are abundant; and they can be most exposed to poor water quality,” which may be “caused by aging infrastructure (e.g., old distribution pipes) that can harm human health.”

IIJA provides a mix of funding for new and existing programs and projects related to water infrastructure. These programs are administered by the Department of the Interior, the Environmental Protection Agency (EPA), and the Department of the Army, Corps of Engineers—Civil. This section highlights the water infrastructure and clean water programs and projects that have resilience features. For example, IIJA provides $100M for grants for projects that improve watershed health, $250M for EPA to establish a competitive grant pilot program for underserved communities for projects that assist public water systems, and $125M for EPA to establish a clean water infrastructure resilience and sustainability grant program.

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of August 18, 2022.

Grant Programs

WaterSMART Grants

• Section 40901, Page 688
• Agency: Department of the Interior 
• Description: “The American West faces serious water challenges. Wide-spread drought, increased populations, aging infrastructure, and environmental requirements all strain existing water and hydropower resources. Adequate and safe water supplies are fundamental to the health, economy, and security of the country. Through WaterSMART, Reclamation will continue to work cooperatively with states, tribes, and local entities as they plan for and implement actions to increase water supply through investments to modernize existing infrastructure and avoid potential water conflicts.”^{See footnote 1}
• Funding: $400M for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364). $100M shall be made available for projects that would improve the condition of a natural feature or nature-based feature.
• Does Justice40 Apply?: Yes

Multi-Benefit Projects to Improve Watershed Health (New)

• Section 40907, Page 697
• Agency: Department of the Interior 
• Description: The Department of the Interior will “establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation.”^{See footnote 2}
• Funding: $100M 

Assistance for Small and Disadvantaged Communities Program

• Section 50104, Page 709
• Agency: Environmental Protection Agency
• Description: Amends Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a). Reauthorizes and modifies the program, which provides grants to assist public water systems that serve small and disadvantaged communities.
• Funding: $70M for fiscal year 2022; $80M for fiscal year 2023; $100M for fiscal year 2024; $120M for fiscal year 2025; $140M for fiscal year 2026.

Drinking Water Infrastructure Risk and Resiliency Program for Small Communities

• Section 50104, Page 709
• Agency: Environmental Protection Agency
• Descriptions: Amends Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a). Reauthorizes the Drinking Water Infrastructure Resilience and Sustainability program. Under the program, grants are awarded to increase resilience to natural hazards. 
• Funding: $25M for each of fiscal years 2022 through 2026. 

Connection to Public Water Systems: Competitive Grant Program (New)

• Section 50104, Page 709
• Agency: Environmental Protection Agency
• Description: Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended to require the Environmental Protection Agency to “establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.”^{See footnote 3} 
• Funding: $20M for each of fiscal years 2022 through 2026.

State Competitive Grants for Underserved Communities: Competitive Grant Pilot Program (New)

• Section 50104, Page 709
• Agency: Environmental Protection Agency
• Description: Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended to require the Environmental Protection Agency Administrator to establish State Competitive Grants for Underserved Communities with “criteria that give priority to States with a high proportion of underserved communities” for projects that assist public water systems.^{See footnote 4} 
• Funding: $50M for each of fiscal years 2022 through 2026.

Operational Sustainability of Small Public Water Systems (New)

• Section 50106, Page 714
• Agency: Environmental Protection Agency
• Description: The Environmental Protection Agency will “establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.”^{See footnote 5}
• Funding: $50M for each of fiscal years 2022 through 2026.
• Eligible Entities: States, local government, a public corporation established by a unit of local government to provide water service, a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system, a tribe that owns or operates a public water system, a nonprofit organization that provides technical assistance to public water systems, and a tribal consortium.

Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program (New)

• Section 50107, Page 716
• Agency: Environmental Protection Agency
• Description: The Environmental Protection Agency will establish the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program and award grants for projects that work towards “increasing resilience to natural hazards and extreme weather events” and “reducing cybersecurity vulnerabilities.”^{See footnote 6}
• Funding: $50M for each of fiscal years 2022 through 2026. 
• Eligible Entity: Public water system that serves a community with a population of 10,000 or more. 

Sewer Overflow and Stormwater Reuse Municipal Grants

• Section 50204, Page 732
• Agency: Environmental Protection Agency
• Description: Amends Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301). Reauthorizes and expands the Sewer Overflow and Stormwater Reuse Municipal Grants Program, which provides grants “for critical stormwater infrastructure projects in communities.”^{See footnote 7}
• Funding: $280M for each of fiscal years 2022 through 2026

Clean Water Infrastructure Resiliency and Sustainability Program (New)

• Section 50205, Page 734
• Agency: Environmental Protection Agency
• Description: The Environmental Protection Agency will establish a clean water infrastructure resilience and sustainability program. Through the program, the Environmental Protection Agency will award grants for “increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities.”^{See footnote 8}
• Funding: $25M for each of fiscal years 2022 through 2026. 

Centers of Excellence for Stormwater Control Infrastructure Technologies

• Section 50217, Page 747 
• Agency: Environmental Protection Agency
• Description: Competitive grants for establishing and maintaining at least three, but not more than five, Centers of Excellence for New and Emerging Stormwater Control Infrastructure Technologies. The Centers will be located in various regions in the United States. 
• Funding: $5M for each of fiscal years 2022 through 2026. 

Stormwater Control Infrastructure Project Grants

• Section 50217, Page 747
• Agency: Environmental Protection Agency
• Description: Competitive grants for “stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies.”^{See footnote 9}
• Funding: $10M for each of fiscal years 2022 through 2026. 

Save Our Seas 2.0 Act 

• Division J, Title VI, Page 976
• Agency: Environmental Protection Agency
• Description: Funding for grants under section 302(a) of the Save Our Seas 2.0 Act, which includes grants for improving local post-consumer materials management and assisting local waste management authorities to improve local waste management systems.  
• Funding: $55M each year for fiscal years 2022 through 2026. 

Other Programs and Projects

Cooperative Watershed Management Program

• Section 40901, Page 688
• Agency: Department of the Interior 
• Description: “The Cooperative Watershed Management Program (CWMP) contributes to the WaterSMART strategy by providing funding to watershed groups to encourage diverse stakeholders to form local solutions to address their water management needs.”^{See footnote 10}
• Funding: $100M for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.)

Drought Contingency Plan Funding Requirements

• Section 40906, Page 696 and Division J, Title III, Page 937
• Agency: Department of the Interior 
• Description: Funds for Lower Colorado River Basin projects that “establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin” or “to improve the long-term efficiency of operations in the Lower Colorado River Basin.”^{See footnote 11}
• Funding: $300M for implementing the Colorado River Basin Drought Contingency Plan. $50M for the Upper Colorado River Basin.

Drinking Water State Revolving Loan Funds

• Section 50102, Page 708 and Division J, Title VI, Pages 971, 972, and 973
• Agency: Environmental Protection Agency
• Description: The Drinking Water State Revolving Loan Fund “is a financial assistance program to help water systems and states to achieve the health protection objectives of the” Safe Drinking Water Act.^{See footnote 12}
• Funding: $11.713B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act. $15B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act funds for lead service line replacement projects. $4B for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act that address emerging contaminants. 
• Does Justice40 Apply?: Yes

Clean Water State Revolving Funds

• Section 50210, Page 741 and Division J, Title VI, Pages 971 and 973
• Agency: Environmental Protection Agency
• Description: “The Clean Water State Revolving Fund (CWSRF) program is a federal-state partnership that provides communities low-cost financing for a wide range of water quality infrastructure projects.”^{See footnote 13}
• Funding: $11.713B for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act. $1B for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act that address emerging contaminants. 
• Does Justice40 Apply?: Yes

Flood Control and Coastal Emergencies

• Division J, Title III, Page 935
• Agency: Department of the Army, Corps of Engineers—Civil
• Description: $251M for Flood Control and Coastal Emergencies projects.

Constructions

• Division J, Title III, Page 931
• Agency: Department of the Army, Corps of Engineers—Civil
• Description: $11,615,000,000, which includes:
• $1.5B for major rehabilitation, construction, and related activities for rivers and harbors
• $200M for water-related environmental infrastructure assistance
• $2.5B for construction, replacement, rehabilitation, and expansion of inland waterways projects
• $2.55B for coastal storm risk management, hurricane and storm damage reduction projects, and related activities targeting states that have been impacted by federally declared disasters over the last six years
• $200M for shore protection projects
• $2.5B for inland flood risk management projects
• Priority for projects that directly benefit economically disadvantaged communities

Miscellaneous 

Aging Infrastructure Account

• Section 40901, Page 688
• Agency: Department of the Interior 
• Description: $3.2B for the Aging Infrastructure Account for “major rehabilitation and replacement activities.”^{See footnote 14} 

Investigations 

• Division J, Title III, Page 930
• Agency: Department of the Army, Corps of Engineers—Civil
• Description: Army Corps of Engineers Investigations for technical assistance and to initiate or complete previously authorized studies. 
• Funding: $150M 

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

• Division J, Title III, Page 951
• Agency: Department of Energy
• Description: Funding for the purchase of power and transmission services. “Western Area Power Administration​'s goal is to maintain the reliability and safety of its transmission system while managing power delivery costs and meeting our repayment responsibilities. In partnership with affiliated generating agencies and customers, WAPA controls costs, coordinates funding agreements and prioritizes construction and rehabilitation projects.”^{See footnote 15}
• Funding: $500M 
• Does Justice40 Apply?: Yes