About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (June 02, 2020)

handle is hein.crs/govdarz0001 and id is 1 raw text is: 




FF.                   ,         iE SE .$. - i ,


                                                                                             Updated June 2, 2020

WIFIA Program: Background and Recent Developments


The Water Resources Reform and Development Act of
2014 authorized the Water Infrastructure Finance and
Innovation Act (WIFIA) program to promote development
of and private investment in water infrastructure projects
(33 U.S.C. §§3901-3914). Initially established as a five-
year pilot program, WIFIA authorizes the U.S.
Environmental Protection Agency (EPA) and the U.S.
Army Corps of Engineers (USACE) to provide credit
assistance in the form of secured or direct loans for a range
of water infrastructure projects.

Capital improvements for drinking water and wastewater
systems protect public health and support local economies.
They typically require major investments. Based on its most
recent surveys, EPA estimates that the wastewater and
drinking water infrastructure capital investment needed to
meet Clean Water Act and Safe Drinking Water Act
objectives exceeds $744 billion over 20 years. This amount
does not include costs to extend services to accommodate
population growth or to repair infrastructure not linked to
compliance and related health and environmental goals.

Communities generally pay for water projects through debt
financing (e.g., municipal bonds) and revenue from user
fees. In 2017, state and local resources accounted for more
than 96% ($108.8 billion) of the public spending on water
utilities, while the federal contribution accounted for the
remaining 4% ($4.2 billion), according to the Congressional
Budget Office (CBO Publication 54539).

WIFIA complements two EPA-administered programs: the
Clean Water State Revolving Fund (SRF) and the Drinking
Water SRF. For FY2020, combined appropriations for the
SRF programs totaled $2.77 billion. In both programs, EPA
provides grants to states to capitalize their SRF loan
programs. States, in turn, use their federal grant, state
match, and sources of borrowed funds (e.g., bonds) to
provide assistance (primarily subsidized loans) to help
communities afford water infrastructure. Eligible entities
for Clean Water SRF include municipalities, state agencies,
and private and nonprofit entities. Clean Water SRF
assistance can support a range of projects needed for
constructing or upgrading (and planning and designing)
publicly owned treatment works, among other purposes.
The Drinking Water SRF provides assistance to public
water systems which may be publicly or privately
owned for projects intended to facilitate Safe Drinking
Water Act compliance or further health protection
objectives.


WIFIA appropriations primarily cover long-term credit
subsidy costs. Under the Federal Credit Reform Act of 1990


(2 U.S.C. §661(a)), the subsidy cost of federal credit
programs, such as WIFIA, accounts for potential losses to
the government as a result of loan defaults. The subsidy
cost is often presented as a percentage or a ratio (i.e.,
subsidy rate) and largely determines the amount of loans
that can be made available. For example, if the subsidy cost
of a WIFIA loan is 10%, a $1 million appropriation can
provide $10 million of loan capacity. A lower subsidy rate
would support a larger loan amount. Relative to its budget
authority ($60 million in FY2020), WIFIA appropriations
may provide a large amount of loans. In appropriations acts,
Congress has capped the amount of loans supported by
WIFIA appropriations (e.g., the cap is $11.5 billion for
FY2020). WIFIA loans, which are repaid to the U.S.
Treasury, have less of a federal budgetary effect than the
SRFs, because states do not repay capitalization grants.

Each WIFIA loan has a fixed interest rate, which is the U.S.
Treasury rate for loans with a similar maturity on the date
of loan execution. Borrowers can structure the WIFIA
repayment schedule to align with anticipated receipt of
revenue. Initial repayments of WIFIA assistance may be
deferred up to five years after project completion, and the
repayment period may be extended up to 35 years after
completion. For more information, see CRS Report
R43315, Water Infrastructure Financing: The Water
Infrastructure Finance and Innovation Act (WIFIA)
Program.


The range of eligible projects for the EPA-administered
WIFIA program is broader than for the SRF programs.
WIFIA-eligible projects include SRF projects as well as
desalination and alternative water projects, drought
mitigation, and enhanced energy efficiency projects for
drinking water systems or wastewater treatment works.

Eligible entities for WIFIA assistance include (1) a state
infrastructure financing authority (SIFA); (2) a corporation;
(3) a partnership; (4) a joint venture; (5) a trust; or (6) a
federal, state, local, or tribal government or instrumentality.
Both public and private entities can use WIFIA assistance
for eligible projects. Private entities must have a public
sponsor to be WIFIA-eligible. WIFIA establishes broad
selection criteria that EPA uses to rank projects, including
the project's national or regional significance with respect
to economic and public benefits, creditworthiness, and
readiness. To be eligible for WIFIA, projects must
generally exceed $20 million in cost. For small
communities (25,000 people or fewer), eligible projects
must exceed $5 million in cost. WIFIA directs EPA to set
aside 15% of each WIFIA appropriation to assist projects
serving small communities. If those funds remain


~dN


gognpo               goo
g
               , q
'M
M  X
11LULANJILiM,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most