II 

115TH CONGRESS 

2D SESSION S. 2329 

To reauthorize and amend the Water Infrastructure Finance and Innovation 

Act of 2014, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2018 

Mr. HOEVEN (for himself and Mr. BOOKER) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To reauthorize and amend the Water Infrastructure Finance 

and Innovation Act of 2014, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Infrastructure 

5 Finance and Innovation Reauthorization Act of 2018’’. 

6 SEC. 2. INNOVATIVE FINANCING PILOT PROJECTS. 

7 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 

8 5023 of the Water Infrastructure Finance and Innovation 

9 Act of 2014 (33 U.S.C. 3902) is amended— 


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1 (1) in subsection (a), by striking ‘‘Secretary 

2 and the’’; and 

3 (2) by striking subsection (b) and inserting the 

4 following: 

5 ‘‘(b) REQUIRED APPROVAL OF CERTAIN PROJECTS

6 BY SECRETARY.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall ap8 prove projects under this subtitle that are eligible 

9 under section 5026(1) or, as applicable, section 

10 5026(8). 

11 ‘‘(2) GUIDANCE.—The Secretary shall issue 

12 guidance on information required to be included in 

13 applications for projects requiring approval from the 

14 Secretary under this subsection.’’. 

15 (b) APPLICATIONS.—Section 5024 of the Water In16 frastructure Finance and Innovation Act of 2014 (33 

17 U.S.C. 3903) is amended— 

18 (1) by striking subsection (a) and inserting the 

19 following: 

20 ‘‘(a) IN GENERAL.—To receive assistance under this 

21 subtitle, an eligible entity shall submit to the Adminis22 trator, and the Secretary, if applicable, an application at 

23 such time, in such manner, and containing such informa24 tion as the Administrator and the Secretary, if applicable 

25 may require.’’; and 


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1 (2) in subsection (b), by striking ‘‘Secretary or 

2 the Administrator, as applicable,’’ and inserting 

3 ‘‘Administrator, and the Secretary, if applicable,’’. 

4 (c) DETERMINATION OF ELIGIBILITY AND PROJECT

5 SELECTION.—Section 5028 of the Water Infrastructure 

6 Finance and Innovation Act of 2014 (33 U.S.C. 3907) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘Secretary or the Administrator, as appli12 cable,’’ each place it appears and inserting 

13 ‘‘Administrator’’; and 

14 (ii) by striking ‘‘Secretary or the Ad15 ministrator, as applicable.’’ and inserting 

16 ‘‘Administrator.’’; 

17 (B) in paragraph (4)(B), by striking ‘‘Sec18 retary or the Administrator, as appropriate,’’ 

19 and inserting ‘‘Administrator’’; 

20 (C) in paragraph (5)(A), by striking ‘‘the 

21 Administrator has authority under paragraph 

22 (2) or (3) of section 5023(b) and for which’’; 

23 and 

24 (D) by striking paragraph (6) and insert25 ing the following: 


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1 ‘‘(6) OPERATION AND MAINTENANCE PLAN.— 

2 The Administrator, and the Secretary, if applicable, 

3 shall determine whether an applicant for assistance 

4 under this subtitle has developed, and identified ade5 quate revenues to implement, a plan for operating, 

6 maintaining, and repairing the project over the use7 ful life of the project.’’; and 

8 (2) in subsection (b)(1), by striking ‘‘Secretary 

9 or the Administrator, as applicable,’’ and inserting 

10 ‘‘Administrator’’. 

11 (d) SECURED LOANS.—Section 5029 of the Water 

12 Infrastructure Finance and Innovation Act of 2014 (33 

13 U.S.C. 3908) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘Secretary or the Adminis16 trator, as applicable,’’ and inserting ‘‘Adminis17 trator’’; and 

18 (B) in paragraph (2), by striking ‘‘Sec19 retary or the Administrator, as applicable’’ and 

20 inserting ‘‘Administrator’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘Sec23 retary or the Administrator, as applicable,’’ and 

24 inserting ‘‘Administrator’’; 


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1 (B) in paragraph (5)(A)(ii), by striking 

2 ‘‘Secretary or the Administrator, as applicable’’ 

3 and inserting ‘‘Administrator’’; and 

4 (C) in paragraph (7), by striking ‘‘Sec5 retary or the Administrator, as applicable,’’ 

6 each place it appears and inserting ‘‘Adminis7 trator’’; 

8 (3) in subsection (c)— 

9 (A) in paragraph (1), by striking ‘‘Sec10 retary or the Administrator, as applicable,’’ and 

11 inserting ‘‘Administrator’’; 

12 (B) in paragraph (2)(A), by striking ‘‘Sec13 retary or the Administrator, as applicable’’ and 

14 inserting ‘‘Administrator’’; and 

15 (C) in paragraph (3)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘Secretary or the Administrator, as appli18 cable’’ and inserting ‘‘Administrator’’; and 

19 (ii) in subparagraph (C)(i), by strik20 ing ‘‘Secretary or the Administrator, as 

21 applicable,’’ and inserting ‘‘Adminis22 trator’’; 

23 (4) in subsection (d), by striking ‘‘Secretary or 

24 the Administrator, as applicable,’’ each place it ap25 pears and inserting ‘‘Administrator’’; and 


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1 (5) in subsection (e)— 

2 (A) in paragraph (1), by striking ‘‘Sec3 retary or the Administrator, as applicable,’’ 

4 each place it appears and inserting ‘‘Adminis5 trator’’; and 

6 (B) in paragraph (2), by striking ‘‘Sec7 retary or the Administrator, as applicable.’’ and 

8 inserting ‘‘Administrator.’’. 

9 (e) PROGRAM ADMINISTRATION.—Section 5030 of 

10 the Water Infrastructure Finance and Innovation Act of 

11 2014 (33 U.S.C. 3909) is amended— 

12 (1) by striking ‘‘Secretary or the Administrator, 

13 as applicable,’’ each place it appears and inserting 

14 ‘‘Administrator’’; and 

15 (2) in subsection (c)— 

16 (A) by striking ‘‘Secretary or the Adminis17 trator, as applicable.’’ each place it appears and 

18 inserting ‘‘Administrator.’’; and 

19 (B) in paragraph (1), by striking ‘‘to assist 

20 the Secretary or’’ and inserting ‘‘to assist’’. 

21 (f) REGULATIONS.—Section 5032 of the Water Infra22 structure Finance and Innovation Act of 2014 (33 U.S.C. 

23 3911) is amended— 

24 (1) by striking ‘‘Secretary or the Administrator, 

25 as applicable,’’ and inserting ‘‘Administrator’’; and 


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1 (2) by striking ‘‘regulations as the Secretary 

2 or’’ and inserting ‘‘regulations as the’’. 

3 (g) FUNDING.—Section 5033 of the Water Infra4 structure Finance and Innovation Act of 2014 (33 U.S.C. 

5 3912) is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘each of the Secretary and’’; 

9 (B) in paragraph (4), by striking ‘‘and’’ at 

10 the end; and 

11 (C) by striking paragraph (5) and insert12 ing the following: 

13 ‘‘(5) $90,000,000 for fiscal year 2019; 

14 ‘‘(6) $100,000,000 for fiscal year 2020; 

15 ‘‘(7) $110,000,000 for fiscal year 2021; 

16 ‘‘(8) $120,000,000 for fiscal year 2022; 

17 ‘‘(9) $130,000,000 for fiscal year 2023; and 

18 ‘‘(10) $140,000,000 for fiscal year 2024.’’; 

19 (2) by redesignating subsections (b), (c), and 

20 (d) as subsections (c), (d), and (e), respectively; 

21 (3) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) PROJECT FUNDING REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), of the funds made available to carry out 

3 this subtitle— 

4 ‘‘(A) 50 percent of the funds shall be used 

5 for projects that require the approval of the 

6 Secretary under section 5023(b)(1); and 

7 ‘‘(B) 50 percent of the funds shall be used 

8 for projects under this subtitle not described in 

9 subparagraph (A). 

10 ‘‘(2) REALLOCATION.—For any fiscal year, if 

11 amounts for projects described in paragraph (1)(A) 

12 remain available after receiving all applications sub13 mitted under section 5024, the Administrator may 

14 reallocate the amounts to be used for projects de15 scribed in paragraph (1)(B).’’; 

16 (4) in subsection (c) (as so redesignated), by 

17 striking ‘‘the Secretary or the Administrator’’ and 

18 all that follows through the period at the end and 

19 inserting ‘‘the Administrator may use for the admin20 istration of this subtitle, including for the provision 

21 of technical assistance to aid project sponsors in ob22 taining the necessary approvals for the project, not 

23 more than $3,000,000 for each of fiscal years 2015 

24 through 2024.’’; 


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1 (5) in subsection (d) (as so redesignated), by 

2 striking ‘‘Secretary or the Administrator, as applica3 ble,’’ each place it appears and inserting ‘‘Adminis4 trator’’; and 

5 (6) in subsection (e) (as so redesignated), by 

6 striking ‘‘Secretary or the Administrator, as applica7 ble,’’ and inserting ‘‘Administrator’’. 

8 (h) REPORTS ON PILOT PROGRAM IMPLEMENTA9 TION.—Section 5034 of the Water Infrastructure Finance 

10 and Innovation Act of 2014 (33 U.S.C. 3913) is amend11 ed— 

12 (1) in subsection (a), in the matter preceding 

13 paragraph (1), by striking ‘‘the Secretary and’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘4 years 

16 after the date of enactment of this Act’’ and in17 serting ‘‘2 years after the date of enactment of 

18 the Water Infrastructure Finance and Innova19 tion Reauthorization Act of 2018’’; and 

20 (B) in paragraph (2)(B)(i), by striking 

21 ‘‘Secretary or the Administrator, as applicable,’’ 

22 and inserting ‘‘Administrator’’. 

Æ 


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