RESILIENT Act

II 116TH CONGRESS 2D SESSION S. 4336 To provide for the improvement of rural infrastructure in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 28, 2020 Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the improvement of rural infrastructure in the United States, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Reforming, Expanding, and Simplifying Investment for 5 Local Infrastructure to Enhance our Neighborhoods and 6 Towns Act’’ or the ‘‘RESILIENT Act’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: 9 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4336 IS TITLE I—DEPARTMENT OF AGRICULTURE Sec. 101. Rural Partnerships Office. Sec. 102. Rural infrastructure partnerships. Sec. 103. Rural economic and community development. Sec. 104. Simplification of application process. TITLE II—INTERAGENCY COORDINATION Sec. 201. Rural Liaisons. Sec. 202. Interagency rural infrastructure task force. TITLE III—OTHER DEPARTMENTS AND AGENCIES Sec. 301. Rural infrastructure financing flexibility. Sec. 302. Drinking water and wastewater infrastructure. Sec. 303. Solicitation of public comment on conducting water audits with REAC inspections. TITLE IV—ADMINISTRATION Sec. 401. Effect of definition. Sec. 402. Authorization of appropriations. SEC. 2. FINDINGS. 1 Congress finds that— 2 (1) rural infrastructure, such as roads, water 3 systems, and broadband, is in dire need of upgrade 4 and repair; 5 (2) rural areas face unique challenges when ad- 6 dressing infrastructure; 7 (3) rural communities often lack staff with the 8 necessary expertise to develop major infrastructure 9 projects or to secure financing; 10 (4) many rural projects struggle to attract re- 11 gional support or private sector investment; 12 (5) revenue sources, such as taxes or user fees, 13 are limited in many rural areas; 14 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4336 IS (6) 13 percent of major rural roads are in poor 1 condition, and more than 50 percent of rural bridges 2 are considered to not be in good condition; 3 (7) only 60 percent of counties nationwide have 4 public transportation service, and over 1⁄4 of those 5 counties have very limited public transportation serv- 6 ice; 7 (8) many rural transit vehicles are still on the 8 road despite being past their useful life, which can 9 lead to costly repairs, unreliable service, and safety 10 issues; 11 (9) every day, nearly 6,000,000,000 gallons of 12 treated drinking water are lost, an amount that 13 could support 15,000,000 households; 14 (10) without a full investment in water, by 15 2040, the cumulative impact from breakdowns in 16 water supply, treatment, and wastewater capacity is 17 estimated to cost manufacturers and other busi- 18 nesses $7,500,000,000,000 in lost sales and 19 $4,100,000,000,000 in lost gross domestic product; 20 (11) Federal agencies estimate that the cost of 21 drinking water and wastewater infrastructure 22 projects in rural communities will total almost 23 $190,000,000,000 in the coming decades; 24 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4336 IS (12) small water systems reaching fewer than 1 3,300 people serve only 8 percent of the population 2 of the United States, but account for nearly 83 per- 3 cent of reported funding needs; 4 (13) Federal funding of water infrastructure 5 was 63 percent of total capital spending in 1977, 6 and was down to 9 percent in 2014; 7 (14) nearly 1 in 3 rural residents lack access to 8 basic broadband; 9 (15) every dollar spent on infrastructure gen- 10 erates up to $2.50; 11 (16) Federal, State, and local governments 12 combined spent $440,500,000,000 on infrastructure 13 in 2017, with less than 25 percent of that amount 14 provided by the Federal Government; 15 (17) fewer multidisciplinary Federal agency 16 field staff has reduced the capacity of rural commu- 17 nities to navigate complex infrastructure projects; 18 (18) lack of adequate infrastructure adversely 19 impacts the efforts of rural communities to create 20 jobs, stimulate economic growth, and diversify their 21 economies; and 22 (19) it is therefore in the national economic in- 23 terest to assist rural communities in addressing their 24 infrastructure needs. 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4336 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) INFRASTRUCTURE.—The term ‘‘infrastruc- 3 ture’’ means infrastructure for renewable or conven- 4 tional energy production, electricity transmission, 5 surface transportation, aviation, a port or waterway, 6 a water resource project, drinking water or waste- 7 water treatment, broadband, a pipeline, an elemen- 8 tary school or secondary school (as defined in section 9 8101 of the Elementary and Secondary Education 10 Act of 1965 (20 U.S.C. 7801)), and an institution 11 of higher education (as defined in section 101 of the 12 Higher Education Act of 1965 (20 U.S.C. 1001)). 13 (2) RURAL.—The term ‘‘rural’’ means any area 14 located outside— 15 (A) an urbanized area, as determined by 16 the latest available decennial census conducted 17 under section 141(a) of title 13, United States 18 Code; and 19 (B) a community or town that has a popu- 20 lation equal to or greater than 20,000 inhab- 21 itants. 22 (3) RURAL INFRASTRUCTURE PROJECT.—The 23 term ‘‘rural infrastructure project’’ means a project 24 for infrastructure in a rural area. 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4336 IS TITLE I—DEPARTMENT OF 1 AGRICULTURE 2 SEC. 101. RURAL PARTNERSHIPS OFFICE. 3 (a) ESTABLISHMENT.—Subtitle C of the Department 4 of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941 5 et seq.) is amended by adding at the end the following: 6 ‘‘SEC. 237. RURAL PARTNERSHIPS OFFICE. 7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 8 lish within the Department the Rural Partnerships Office. 9 ‘‘(b) DIRECTOR.—The Rural Partnerships Office 10 shall be headed by a Director, who shall be appointed by 11 the President. 12 ‘‘(c) FUNCTIONS.—The Secretary, acting through the 13 Director of the Rural Partnerships Office, shall carry 14 out— 15 ‘‘(1) subtitle I of the Consolidated Farm and 16 Rural Development Act; and 17 ‘‘(2) such other technical assistance relating to 18 rural infrastructure projects (as defined in section 3 19 of the Reforming, Expanding, and Simplifying In- 20 vestment for Local Infrastructure to Enhance our 21 Neighborhoods and Towns Act) as the Secretary de- 22 termines to be appropriate.’’. 23 (b) CONFORMING AMENDMENT.—Section 296(b) of 24 the Department of Agriculture Reorganization Act of 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4336 IS 1994 (7 U.S.C. 7014(b)) is amended by adding at the end 1 the following: 2 ‘‘(11) The authority of the Secretary to carry 3 out the amendments made to this title by the Re- 4 forming, Expanding, and Simplifying Investment for 5 Local Infrastructure to Enhance our Neighborhoods 6 and Towns Act.’’. 7 SEC. 102. RURAL INFRASTRUCTURE PARTNERSHIPS. 8 The Consolidated Farm and Rural Development Act 9 is amended by inserting after subtitle H (7 U.S.C. 2009cc 10 et seq.) the following: 11 ‘‘Subtitle I—Rural Infrastructure 12 Partnerships 13 ‘‘SEC. 385A. DEFINITIONS. 14 ‘‘In this subtitle: 15 ‘‘(1) INFRASTRUCTURE.—The term ‘infrastruc- 16 ture’ has the meaning given the term in section 3 of 17 the Reforming, Expanding, and Simplifying Invest- 18 ment for Local Infrastructure to Enhance our 19 Neighborhoods and Towns Act. 20 ‘‘(2) RURAL.—The term ‘rural’ has the mean- 21 ing given the term in section 3 of the Reforming, 22 Expanding, and Simplifying Investment for Local 23 Infrastructure to Enhance our Neighborhoods and 24 Towns Act. 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4336 IS ‘‘(3) RURAL INFRASTRUCTURE PROJECT.—The 1 term ‘rural infrastructure project’ has the meaning 2 given the term in section 3 of the Reforming, Ex- 3 panding, and Simplifying Investment for Local In- 4 frastructure to Enhance our Neighborhoods and 5 Towns Act. 6 ‘‘(4) RURAL LIAISON.—The term ‘Rural Liai- 7 son’ means a Rural Liaison designated under section 8 201(b)(1) of the Reforming, Expanding, and Simpli- 9 fying Investment for Local Infrastructure to En- 10 hance our Neighborhoods and Towns Act. 11 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 12 the Secretary, acting through the Director of the 13 Rural Partnerships Office. 14 ‘‘SEC. 385B. RURAL PARTNERS PROGRAM. 15 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 16 lish a Rural Partners Program (referred to in this section 17 as the ‘Program’) to provide technical assistance to im- 18 prove the delivery, financing, operations, and maintenance 19 of rural infrastructure projects. 20 ‘‘(b) COORDINATION.—In carrying out the Program, 21 the Secretary shall coordinate with— 22 ‘‘(1) technical assistance programs of the De- 23 partment of Agriculture and the Environmental Pro- 24 tection Agency; 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4336 IS ‘‘(2) the Capacity Building for Affordable 1 Housing and Community Development Program au- 2 thorized under section 4 of the HUD Demonstration 3 Act of 1993 (42 U.S.C. 9816 note; Public Law 103– 4 120); 5 ‘‘(3) the rural and Tribal passenger transpor- 6 tation technical assistance program established 7 under section 310B(c)(3)(B)(iv); and 8 ‘‘(4) any other technical assistance programs 9 that may impact rural infrastructure projects, in- 10 cluding programs operated by States. 11 ‘‘(c) TECHNICAL ASSISTANCE PROVIDERS.— 12 ‘‘(1) SELECTION.—The Secretary shall select, 13 through a competitive process, not more than 5 or- 14 ganizations to provide to rural communities technical 15 assistance under this section. 16 ‘‘(2) REQUIREMENTS.—To be eligible for selec- 17 tion under paragraph (1), an organization shall— 18 ‘‘(A) provide technical assistance nation- 19 ally; and 20 ‘‘(B) have the experience and capacity to 21 provide technical assistance in each State, the 22 Commonwealth of Puerto Rico, and the United 23 States Virgin Islands. 24 ‘‘(d) APPLICATIONS.— 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4336 IS ‘‘(1) INITIAL PROPOSAL.—To be eligible to re- 1 ceive technical assistance under this section, a rural 2 community (including a rural passenger transpor- 3 tation agency) shall submit to the Secretary an ini- 4 tial proposal containing a basic statement of— 5 ‘‘(A) a description of the technical assist- 6 ance under subsection (e) being requested; and 7 ‘‘(B) how the technical assistance would 8 improve rural infrastructure in the rural com- 9 munity. 10 ‘‘(2) APPLICATION ASSISTANCE.—The Secretary 11 shall coordinate with State offices of the rural devel- 12 opment mission area to identify a point of contact 13 who shall assist the rural community with the re- 14 mainder of the application process. 15 ‘‘(3) REQUIREMENTS.—The Secretary— 16 ‘‘(A) shall not require the initial proposal 17 under paragraph (1) to contain any information 18 not required under that paragraph; and 19 ‘‘(B) shall determine the requirements for 20 the remainder of the application process. 21 ‘‘(4) CONSULTATION.—The Secretary shall con- 22 sult with the Rural Liaison for any relevant Federal 23 agencies in reviewing applications under this sub- 24 section. 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4336 IS ‘‘(e) ELIGIBLE ACTIVITIES.—A technical assistance 1 provider selected under subsection (c) may provide to a 2 rural community the application of which is approved 3 under subsection (d) technical assistance with— 4 ‘‘(1) infrastructure project planning; 5 ‘‘(2) asset management; 6 ‘‘(3) life-cycle accounting; 7 ‘‘(4) project delivery; 8 ‘‘(5) funding and financing; 9 ‘‘(6) regional coordination; 10 ‘‘(7) project affordability; 11 ‘‘(8) broadband predevelopment work; and 12 ‘‘(9) project oversight. 13 ‘‘(f) DURATION.—The Secretary shall assign a tech- 14 nical assistance provider selected under subsection (c) to 15 a rural community the application of which is approved 16 under subsection (d) for a period that is not longer than 17 2 years. 18 ‘‘(g) ONSITE PRESENCE REQUIRED.—Personnel of a 19 technical assistance provider shall be onsite in the rural 20 community for a significant portion of the period under 21 subsection (f), as determined by the Secretary. 22 ‘‘(h) REPORTS.—A technical assistance provider shall 23 submit to the Secretary and the Rural Liaison for any 24 relevant Federal agencies quarterly reports describing the 25 VerDate Sep 11 2014 18:54 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4336.IS S4336 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4336 IS status of activities in each rural community to which the 1 provider is assigned. 2 ‘‘SEC. 385C. RURAL INFRASTRUCTURE BEST PRACTICES 3 CLEARINGHOUSE. 4 ‘‘The Secretary shall establish an online clearing- 5 house of best practices specifically targeted to rural infra- 6 structure project planning, asset management, life-cycle 7 accounting, project delivery, funding and financing, re- 8 gional coordination, affordability, and project oversight, 9 including resources prepared by Federal agencies and ex- 10 ternal resources. 11 ‘‘SEC. 385D. PREDEVELOPMENT SCOPING GRANT PRO- 12 GRAM. 13 ‘‘(a) IN GENERAL.—The Secretary shall establish a 14 predevelopment scoping grant program (referred to in this 15 section as the [Text truncated for display. Full text available on Congress.gov.]