PIPE Act

I 116TH CONGRESS 1ST SESSION H. R. 3254 To require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and waste- water infrastructure projects, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 13, 2019 Mr. DELGADO introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittee on Energy and Commerce, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Administrator of the Environmental Protec- tion Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Infrastruc- 4 ture and Promoting the Economy Act’’ or the ‘‘PIPE 5 Act’’. 6 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 2 •HR 3254 IH SEC. 2. DRINKING WATER AND WASTEWATER INFRASTRUC- 1 TURE DISCRETIONARY GRANT PROGRAM. 2 (a) DEFINITIONS.—In this section: 3 (1) ADMINISTRATOR.—The term ‘‘Adminis- 4 trator’’ means the Administrator of the Environ- 5 mental Protection Agency. 6 (2) PROGRAM.—The term ‘‘program’’ means 7 the drinking water and wastewater infrastructure 8 discretionary grant program established under sub- 9 section (b). 10 (b) ESTABLISHMENT OF PROGRAM.—Not later than 11 1 year after the date of enactment of this Act, the Admin- 12 istrator shall establish a drinking water and wastewater 13 discretionary grant program to provide grants on a com- 14 petitive basis to eligible entities for investments in drink- 15 ing water and wastewater infrastructure projects. 16 (c) ELIGIBLE ENTITIES.—An entity eligible to re- 17 ceive a grant under the program is— 18 (1) a State; 19 (2) a unit of local government; 20 (3) a federally recognized Indian Tribe; or 21 (4) a public or nonprofit water utility. 22 (d) ELIGIBLE PROJECTS.—A project eligible to be 23 carried out with funds under the program includes— 24 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 3 •HR 3254 IH (1) one or more activities that are eligible for 1 assistance under section 603(c) of the Federal 2 Water Pollution Control Act (33 U.S.C. 1383(c)); 3 (2) one or more activities described in section 4 1452(a)(2) of the Safe Drinking Water Act (42 5 U.S.C. 300j–12(a)(2)); and 6 (3) any other drinking water infrastructure 7 project or wastewater infrastructure project that the 8 Administrator determines to appropriate. 9 (e) APPLICATION.— 10 (1) IN GENERAL.—To be eligible to receive a 11 grant under the program, an eligible entity shall 12 submit to the Administrator an application in such 13 manner and containing such information as the Ad- 14 ministrator may require. 15 (2) BUNDLING OF PROJECTS.—An eligible enti- 16 ty may include more than 1 project in a single appli- 17 cation. 18 (3) DEADLINE.—An application shall be sub- 19 mitted to the Administrator not later than 180 days 20 after the date on which the notice of funding oppor- 21 tunity and the selection criteria are issued under 22 subsection (f)(1)(B). 23 (f) SELECTION.— 24 (1) CRITERIA.— 25 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 4 •HR 3254 IH (A) IN GENERAL.—The Administrator 1 shall establish criteria in accordance with this 2 subsection to use in selecting projects to receive 3 a grant under the program. 4 (B) PUBLICATION.—Not later than 60 5 days after the date on which funds are made 6 available to carry out the program for each fis- 7 cal year, the Administrator shall— 8 (i) issue a notice of funding oppor- 9 tunity for the program; and 10 (ii) include in the notice the selection 11 criteria established under subparagraph 12 (A). 13 (2) PRIORITY.—In selecting projects to receive 14 a grant under the program, the Administrator shall 15 give priority to projects— 16 (A) for which a Federal grant would assist 17 in completing an overall financing package for 18 the project; and 19 (B) that would help bring— 20 (i) public water systems (as defined in 21 section 1401 of the Safe Drinking Water 22 Act (42 U.S.C. 300f)) into compliance with 23 the Safe Drinking Water Act (42 U.S.C. 24 300f et seq.); or 25 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 5 •HR 3254 IH (ii) publicly owned treatment works 1 (as defined in section 212 of the Federal 2 Water Pollution Control Act (33 U.S.C. 3 1292)) into compliance with the Federal 4 Water Pollution Control Act (33 U.S.C. 5 1251 et seq.). 6 (3) GEOGRAPHICAL DISTRIBUTION.—For each 7 fiscal year, in providing grants under the program, 8 the Administrator shall ensure that the funds are 9 distributed— 10 (A) on an equitable geographical basis; and 11 (B) in a manner that balances the needs of 12 urban, suburban, and rural communities. 13 (4) DEADLINE.—Not later than 1 year after 14 the date on which funds are made available to carry 15 out the program for each fiscal year, the Adminis- 16 trator shall select projects to receive grants under 17 the program. 18 (g) REQUIREMENTS.— 19 (1) TOTAL STATE LIMIT.—For each fiscal year, 20 the total amount provided under the program for 21 projects in a single State shall not exceed 20 percent 22 of the total amount made available to carry out the 23 program. 24 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 6 •HR 3254 IH (2) FEDERAL SHARE.—The Federal share of 1 the cost of a project carried out with a grant under 2 the program shall not exceed 100 percent. 3 (h) REGULATIONS.—The Administrator may promul- 4 gate such regulations as may be necessary to carry out 5 this section. 6 (i) DAVIS-BACON.— 7 (1) IN GENERAL.—Notwithstanding any other 8 provision of law, all laborers and mechanics em- 9 ployed by contractors or subcontractors on projects 10 carried out in whole or in part using a grant under 11 the program shall be paid wages at rates not less 12 than those prevailing on projects of a similar char- 13 acter in the locality as determined by the Secretary 14 of Labor in accordance with subchapter IV of chap- 15 ter 31 of title 40, United States Code (commonly 16 known as the ‘‘Davis-Bacon Act.’’). 17 (2) AUTHORITY.—With respect to the labor 18 standards specified in paragraph (1), the Secretary 19 of Labor shall have the authority and functions set 20 forth in Reorganization Plan Numbered 14 of 1950 21 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 22 title 40, United States Code. 23 (j) BUY AMERICA.—Notwithstanding any other pro- 24 vision of law, the Administrator may not provide a grant 25 VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS 7 •HR 3254 IH under the program for a project unless the project meets 1 the requirements described in section 1452(a)(4) of the 2 Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)). 3 (k) REPORTS.—Not later than 2 years after the date 4 of enactment of this Act, the Administrator shall submit 5 to Congress and make publicly available a report on the 6 implementation of the program. 7 (l) FUNDING.— 8 (1) AUTHORIZATION OF APPROPRIATIONS.— 9 There is authorized to be appropriated to carry out 10 this section $500,000,000 for each of fiscal years 11 2020 through 2029. 12 (2) AVAILABILITY.—Funds made available to 13 carry out this section shall be available until ex- 14 pended. 15 Æ VerDate Sep 11 2014 02:23 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3254.IH H3254 kjohnson on DSK79L0C42 with BILLS