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highway, infrastructure

August 18, 2021

New Bipartisan Senate Infrastructure Bill Emphasizes Reauthorization, Research, Resilience and Reliability

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NEW BIPARTISAN SENATE INFRASTRUCTURE BILL EMPHASIZES REAUTHORIZATION, RESEARCH, RESILIENCE AND RELIABILITY

On August 10, a group of 19 Republican Senators joined their Democratic colleagues in approving a bill that, if passed by the House of Representatives and signed by President Biden, would provide for more than $1 trillion in improvements to the nation’s physical infrastructure.[1]

The 6930 vote expressed strong, bipartisan support for two key imperatives that permeate the more than 2700-page bill: first, to improve the nation’s existing infrastructure, a significant portion of which is in a deficient state and has long suffered from underfunding; and second, to design, construct and/or manufacture new infrastructure, or retrofit existing infrastructure, and develop new technologies, to address the impact of climate change and the need for energy resilience and reliability.

Executive Summary

The Senate bill, titled the Infrastructure Investment and Jobs Act (the “IIJA”), largely tracks the terms set out in the bipartisan compromise plan released by a group of Democratic and Republican Senators at the end of June, which was referred to as the Bipartisan Infrastructure Framework (the “Framework”).[2] The IIJA allocates $550 billion in new infrastructure spending, which combined with baseline spending, would amount to approximately $1.2 trillion in new investment over the next eight yearssimilar in scale to the $579 billion in new spending identified in the Framework. The somewhat reduced overall spending proposal reflects a reduction in allocation to transit and a reconnecting communities initiative.

Similar to the Framework, the IIJA’s investment “uses” are broad. The bill offers $282.5 billion in new spending for transportation infrastructure, including funds for roads, bridges, transit, electric vehicle (EV) infrastructure, electric buses, airports, ports and waterways, and another $269 billion for other forms of infrastructure including water, broadband, environmental, power, and resilience infrastructure (please see the summary grid attached hereto comparing relevant proposals).

The bill also reflects the Biden administration’s and supporting Senators’ recognition of the role of private investment in facilitating or implementing necessary upgrades to public infrastructure, as several proposals either permit or require contracting with the private sector as an effective means to advance such upgrades and development of related technology, including through public-private partnerships (“P3s”).[3]

Below we outline several of the IIJA’s specific proposals that are notable for our clients, including private and public investors and lenders in the energy and infrastructure sectors.

Reauthorization and Expansion of Infrastructure Financing Programs

Several key U.S. federal government financing programs that support infrastructure development and growth receive significant attention in the IIJA, in particular the Transportation Infrastructure Finance and Innovation Act (TIFIA), the Water Infrastructure Finance and Innovation Act (WIFIA) and the newly-proposed Carbon Dioxide Transportation Infrastructure Finance and Innovation Act (CIFIA). Below we describe these material developments. Notably, one proposal in the Framework that is absent from the IIJA is a cross-sectoral Infrastructure Financing Authority, which was envisioned to supplement TIFIA, WIFIA and other federal programs.

TIFIA

The IIJA would expand the scope of the TIFIA program, which supports large-scale surface transportation projects, including highways, transit, railroad, to eligible airport-related projects, which include, among other things, airport development or planning and certain terminal development projects.[4] Funding for such airport-related projects would be capped, for each fiscal year, at 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year; and for the period of federal fiscal years (“FY”) from FY 2022 through FY 2026, 15 percent of unobligated carryover balances (as of October 1, 2021). The expansion of the scope of TIFIA eligibility to airports would be meaningful, as TIFIA has leveraged significant private investment in road, bridge, tunnel and transit projects, particularly since the passage of the “MAP-21” legislation in 2012. Even at such capped amounts, the availability of flexible long-term, low-interest-rate financing to fund airport improvements could similarly spur private investment in the sector. The IIJA also extends funding for the TIFIA program through FY 2026 at existing levels.

The IIJA indicates support for investments by TIFIA in P3s by recognizing the program’s value in supporting such investments. However, it also provides for additional Congressional oversight of such investments by requiring a “value-for-money” analysis by the public contracting authority as a condition to the extension of a TIFIA loan to a P3 project.[5] Similarly, the bill requires a value-for-money analysis for transportation projects funded by the TIFIA or Railroad Rehabilitation and Improvement Financing (RRIF) programs with project costs in excess of $750 million where the source of repayment consists of user fees or other amounts generated by the project. Such analysis would include the life-cycle cost and project delivery schedule; the costs of using public funding versus private financing for the project; a description of the key assumptions made in developing the analysis (including any federal grants or loans and subsidies received or expected; the key terms of the proposed P3 agreement, (including the expected rate of return for private debt and equity), and major compensation events; a discussion of the benefits and costs associated with the allocation of risk; the determination of risk premiums assigned to various project delivery scenarios; assumptions about use, demand, and any user fee revenue generated by the project; and any externality benefits for the public generated by the project); and a forecast of user fees and other revenues expected to be generated by the project.[6]

WIFIA and State Revolving Funds

The IIJA reauthorizes several existing programs and funds new programs in the water and waste sectors. It would extend through FY 2026 at existing levels the funding for the WIFIA program administered by the U.S. Environmental Protection Agency (EPA), which, since 2017, has offered low-interest loans to water-related infrastructure projects. This program hit the ground running and has been particularly successful, having extended more than 50 loans during this period that are providing approximately $10.5 billion in credit assistance to help finance more than $23 billion for water infrastructure.[7]

Due in part to this success, for the first time the IIJA would allocate funding to the U.S. Army Corps of Engineers (the “Army Corps”) to administer its own WIFIA program, providing $64 million to cover the cost to the government of direct loans and guaranteed loans. This allocation would permit the Army Corps to fund a portion of needed safety projects to maintain, upgrade and repair dams identified in the National Inventory of Dams where the primary owner is a state, local government, public utility or private entity. The IIJA would also provide $11 million for the Army Corps’ administrative expenses in carrying out this program.

In addition, consistent with the Senate Drinking Water and Wastewater Infrastructure Act, which was passed by the Senate earlier this year,[8] the IIJA would provide significantly increased funding for FY 2022 through FY 2026, for both the Clean Water State Revolving Loan Fund (CWSRF) program, which supports state and municipal water quality infrastructure projects, and the Drinking Water State Revolving Fund (DWSRF), which supports state and municipal drinking water infrastructure projects.

CIFIA and Other Carbon-Capture Initiatives

An entire title of the IIJA is devoted to alternative fuels and technology investments. Within that title, the bill proposes a handful of new programs to support carbon capture, utilization, storage and transportation infrastructure.[10] These programs could be meaningful to state and local governments committing to carbon-free energy goals and private entities capable of assisting such transition energy strategy.

A new loan program, the carbon dioxide transportation infrastructure finance and innovation program (CIFIA), would be established and housed at the U.S. Department of Energy (DOE). This program, which was not contemplated by the Framework, would extend loans and loan guarantees to support projects that involve the delivery of infrastructure (i.e., pipeline, shipping, rail or other infrastructure) and associated equipment for the transportation of carbon dioxide. The proposed language setting forth the requirements of this program is similar to the statutes that govern the TIFIA and WIFIA programs, including with respect to application requirements, program administration and loan parameters, such as the interest rate, maturity date and limits on subordination. However, this program specifically focuses on P3s.

Eligible CIFIA projects must have project costs in excess of $100 million and satisfy certain other requirements described in the bill. In particular, while program applications would be submitted by a public entity, the ultimate obligor must be a private entity through a P3 and the federal credit instrument must be repayable, in whole or in part, from user fees, payments owing to the obligor under the P3 or other revenue sources that also secure or fund the project obligations.

Similar to TIFIA, WIFIA and numerous federal grant programs, the maximum “federal share” of project costs is 80 percent. Funding for the CIFIA program would be $2.1 billion total, $600 million per year for FY 2022 and FY 2023 and $300 million per year for FY 2024 through FY 2026.[11]

CIFIA is consistent with the objectives of the Biden administration to mitigate the adverse effects of carbon dioxide and catalyze the transition away from fossil fuels. The program is connected with two other initiatives in the IIJA: the bill would appropriate $100 million for a front-end engineering and design program at DOE for carbon dioxide transportation projects linked to the development of capture, utilization and storage (CCUS) technologies[12] and $2.5 billion to expand DOE’s Carbon Storage Validation and Testing program to include a large-scale carbon storage commercialization program.[13] The bill would also make available $3.5 billion in grant funding to projects that facilitate carbon capture. Such projects must contribute to the development of four “regional direct air capture hubs” to be designed by DOE, which (i) facilitate the deployment of direct air capture projects, have the capacity to capture and sequester, utilize, or sequester and utilize at least 1 million metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units; (ii) demonstrate the capture, processing, delivery and sequestration or end use of captured carbon; and (iii) could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization.[14]

Electric Vehicles and Alternative Fuels

A key element of the Biden administration’s energy transition plan is a national network of 500,000 EV charging stations. The IIJA would increase the grant funding available for deployment of such stations and provide support for other forms of alternative fueling, including hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure. $7.5 billion in total would be allocated to such initiatives,[15] which are further described below. The IIJA separately allocates an additional $7.5 billion to support the production and procurement of electric vehicles and low-carbon school buses and ferries.[16]

Charging and Fueling Grant Program

Grant funding for alternative fuels, which would be in the amount of $2.5 billion and funded by the U.S. Department of Transportation (DOT), would be made available to state or local governments and other public entities. However, the public entities are required to apply such funds to contracts with private entities for the acquisition and installation of publicly accessible alternative fuel vehicle charging and fueling infrastructure that is directly related to the charging or fueling of a vehicle.

The grant application must describe how the public entities have considered the following, which support the role of the private sector in the expansion of vehicle charging and alternative fuel technology:

  • collaborative engagement with public and private stakeholders to foster enhanced, coordinated, public-private or private investment in EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure or natural gas fueling infrastructure and to expand the deployment of such infrastructure;
  • infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology and future charging methods; and
  • the long-term operation and maintenance of the EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure or natural gas fueling infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure.[17]

The infrastructure must be located on an “alternative fuel corridor” designated by DOT.[18] A portion of the grant funds may also be contributed to the private entity for operation and maintenance costs during the first five years of operations. The maximum federal share of project costs is 80 percent and the private entity, as a condition to its funding contract, must agree to cover the remaining portion of project costs not paid by the federal government.

National Electric Vehicle Formula Program[19]

The bill would establish a new program at DOT (which would be a formula program available to all states similar to other federal highway programs) dedicated to EV charging infrastructure. The funds would be used for the acquisition and installation, operation and maintenance and data sharing related to EV infrastructure. Funded projects must be directly related to the charging of a vehicle and must be open to the general public or to authorized commercial motor vehicle operators from more than one company. Similar to the Charging and Refueling Grant Program discussed above, the charging stations must be located along a designated “alternative fuel corridor” and the maximum federal share is 80 percent. While the public recipients of such grant funding would likely contract with the private sector for all or portion of the necessary equipment or services, the bill would not require them to do so.

The bill also directs states to consider measures to promote greater electrification of the transportation sector, including the establishment of rates that promote affordable and equitable electric vehicle charging options, improve the customer experience associated with EV charging, including reducing wait times, accelerate third-party investment in public EV charging, and recover the marginal costs of delivering electricity to electric vehicles and EV charging infrastructure.[20] It would also establish a Joint Office of Energy and Transportation at DOT and DOE to facilitate, among other things, technical assistance and information sharing between the two agencies related to the deployment of EV infrastructure.[21]

Clean Hydrogen Development

Similar to the carbon capture regime described above, the IIJA would provide $8 billion to establish at least four regional clean hydrogen hubs that, among other things, demonstrate the production, processing, delivery, storage and end-use of clean hydrogen. The bill would also provide $1 billion for hydrogen research and development focused on the commercialization of clean hydrogen using electrolyzers (i.e. “green hydrogen”), and $500 million for the advancement of clean hydrogen production, processing, delivery, storage and use.[22] These hydrogen development programs could be particularly significant given the current focus on ways to reduce the environmental impact associated with the production of hydrogen, which is an important alternative fuel and has various other industrial uses, including food processing, metal production and ammonia fertilizer for agricultural purposes.

Recognizing this importance to industry, the IIJA also calls on DOE, in carrying out these programs, to develop “a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage and use of clean hydrogen.”[23]

Grid Infrastructure Reliability and Resilience

The IIJA includes significant funding to increase the reliability and resilience of the electric grid and expand transmission capabilities, including through the development of new technologies and the use of renewable energy. Some of the key programs supporting these priorities are described below.

The Transmission Facilitation Program, a new initiative, would establish a revolving loan fund for the construction of new or upgraded power transmission lines. DOE would effectively serve as an “anchor-tenant” by purchasing up to 50 percent of the planned capacity of the line, which it then may sell after determining that the transmission project is financially viable. In connection with the program, DOE may also enter into P3s for eligible transmission projects.[24] In addition to allocating $2.5 billion for the fund, the IIJA would authorize $10 million for each of FY 2022 through FY 2026 to carry out the program.

The new Upgrading Our Electric Grid Reliability and Resiliency program would provide financial assistance to projects that demonstrate innovative approaches to transmission, storage and distribution infrastructure to enhance the resilience and reliability of the grid. These approaches would be implemented by state public and publicly regulated entities on a cost-sharing basis. The IIJA would authorize $5 billion for FY 2022 through FY 2026 for this program.[25]

The Smart Grid Investment Matching Grant Program is an existing program that focuses on the development of technologies to enhance the flexibility of the power grid.[26] The program provides for matching grants from the federal government to complement a host of “smart grid” initiatives, including projects that rebalance the electrical system, facilitate the aggregation or integration of distributed energy resources, provide energy storage, provide voltage support, integrate intermittent generation sources, increase the network’s operational transfer capacity, and anticipate and mitigate impacts of extreme weather events or natural disasters on grid resilience. The IIJA would authorize $3 billion for this program and would significantly expand the scope of eligible investments.[27]

The bill also includes programs to expand supply chains for clean energy technologies,[28] including two $3 billion grant programs for battery material processing and battery manufacturing and recycling.[29]

Other Transportation Funding

By reauthorizing existing surface transportation programs at current levels, the IIJA maintains traditional federal aid to states for necessary highway and other transportation spending.[30] The bill also includes new programmatic proposals for transportation. In particular, it would create a new dedicated grant program, the Bridge Investment Program, to replace and repair bridges and would increase funding or eligibility for major project competitive grant programs.[31]

The bill would also dedicate $66 billion to passenger and freight rail, including funds to eliminate Amtrak’s maintenance backlog, modernize the Northeast Corridor line and bring rail service to areas outside the northeast and mid-Atlantic regions. Although support for transit programs would be $10 billion less than under the Framework ($39 billion versus $49 billion), the IIJA would still provide the largest federal investment in public transit in history and in passenger rail since the creation of Amtrak 50 years ago.[32]

Asset Concessions and P3s

Similar to certain infrastructure plans proposed by the Trump administration, the IIJA includes measures that could incentivize private investment in public infrastructure through the monetization of the value of certain public assets through payments from private entities that would operate the asset under a long-term concession or lease.

Under the IIJA, an asset concession is described as an agreement under which an eligible entity (which are states, localities and other public entities) agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset owned, controlled, or maintained by the eligible entity. In return, the concessionaire agrees to (i) provide an “asset concession payment,” i.e., single or periodic payments for the fair market value of the asset; and (ii) maintain or exceed the condition, performance and service level of the approved infrastructure asset, as compared to the previous condition, performance and service level. In addition, the terms of the concession agreement cannot include a non-compete or exclusivity restriction (or any other similar restriction) on the approval of another project. The bill also prescribes that the costs for a fiscal year of the agreement or lease, and any project carried out under the agreement or lease, cannot be shifted to any taxpayer with an annual household income of less than $400,000 per year, including through taxes, user fees, tolls or any other measure, for use of an approved infrastructure asset, although it does not provide a methodology for avoiding this cost transfer.

The bill would provide grants of up to $2 million in technical assistance to support the organizational capacity of the eligible entity to develop, review or enter into an asset concession and another $2 million to hire experts to study the feasibility of proceeding with an asset concession.[33]

Pay Fors

The bill’s authors presented a number of proposals for the “pay fors” or “sources” to cover its cost, consisting of estimated new revenues and savings. The most significant of these sources are the repurposing of unused COVID relief funds, a delay in the payment of a rebate under a Medicare rule, the return by states of unused federal unemployment benefits and sales of future wireless spectrum auctions by the Federal Communications Commission. This analysis also includes an estimate of economic growth (which is assumed to be significant) resulting from the “return on investment” that investment in
the nation’s infrastructure will generate.[34] In a separate analysis, however, the Congressional Budget Office estimated that the draft bill would add $256 billion to the deficit over the next 10 years.[35] The pay fors will be a major discussion topic in the House and as the bill proceeds toward passage.

Next Steps

Although the IIJA reflects an agreement by the Senate on physical infrastructure, significant hurdles remain in Congress before the bill can become law. The majority of the group of progressive Democrats in the House (the Congressional Progressive Caucus) support linking passage of the infrastructure bill to a $3.5 billion social policy package that includes initiatives from President Biden’s American Families Plan, such as for childcare, elder care and education,[36] and other clean-energy priorities.[37]

Reflecting this agenda, immediately following passage of the infrastructure bill, the Senate voted along party lines, 5049, to approve a budget resolution to commence work on the $3.5 billion social policy package. Passage of such resolution by the House would facilitate passage of the social policy package in the Senate through the budget reconciliation progress, which requires only a simple majority vote.[38]

The process to finalize both bills is likely to be challenging in each chamber of Congress. An initial challenge was presented last Friday, when nine moderate Democrats in the House countered the Congressional Progressive Caucus’s stance by asserting that they would not vote for the budget resolution related to the social policy package until after the infrastructure bill is passed. These nine votes would be enough to block consideration of the budget resolution, as the Democrats hold only a slim three-seat majority in the House.[39] Our infrastructure and energy teams will continue to closely follow developments related to the infrastructure bill and related legislation and initiatives.

In the table below, we provide a comparison between President Biden’s original proposal, the Republican counterproposal, the bipartisan Framework and the IIJA

INFRASTRUCTURE PLAN COMPARISON

Biden Proposal (AJP)[40] : $2.3 trillion

Republican Proposal (Roadmap)[41] : $568 billion [Note: includes existing spending programs]

Bipartisan Framework[42] : $579 billion

Senate Bill (IIJA)[43] $550 billion

Transportation Infrastructure: $621 billion

Transportation Infrastructure: $454 billion

Transportation Infrastructure: $312 billion [Note: Includes $20 billion for an Infrastructure Financing Authority]

Transportation Infrastructure: $282.5 billion

$174 billion – EV initiatives

No funding for EV initiatives

$15 billion – EV infrastructure, electric buses and electric transit

$15 billion – EV infrastructure, electric buses and electric transit

$115 billion – highway and road repair

$299 billion – road and bridge repair

$109 billion – roads, bridges, and major projects

$109 billion – roads, bridges, and major projects

$85 billion – modernize transit facilities and fund transit expansion

$61 billion – public transit system

$49 billion – public transit

$39 billion – public transit

$80 billion for passenger and freight rail service

$20 billion – rail system

$66 billion – passenger and freight rail

$66 billion – passenger and freight rail

$20 billion – road safety initiatives

$13 billion – safety programs

$11 billion – safety programs

$11 billion – safety programs

$17 billion – inland waterways, coastal ports, land ports

$17 billion – ports and inland waterways

$16 billion – ports and waterways

$17 billion – ports and waterways

$25 billion – airports

$44 billion – airports

$25 billion – airports

$25 billion – airports

$25 billion – large, complex projects

 

$1 billion – reconnecting communities

$500 million – reconnecting communities

$20 billion – projects redressing historic transportation inequities

 

 

 

Water Infrastructure: $111 billion

Water Infrastructure: $49 billion

Water Infrastructure: $55 billion

Water Infrastructure: $55 billion

$56 billion – upgrade drinking water, wastewater and stormwater systems

$35 billion – drinking water and wastewater systems

Deliver clean drinking water to underserved communities, tribal nations and schools

Deliver clean drinking water to underserved communities, tribal nations and schools

$45 billion – eliminate all lead pipes

$14 billion – water storage

Eliminate lead pipes

Eliminate lead pipes

$10 billion – remediate chemical substances in drinking water and invest in rural systems

 

 

 

 

 

Western Water Storage: $5 billion

Western Water Storage: $8 billion

Power and Other Energy: $100 billion

 

Power and Other Energy: $73 billion

Power and Other Energy: $73 billion

Create investment tax credit to support buildout of 20 gigawatts of high-voltage transmission lines and establishment of Grid Deployment Authority at DOE

 

Upgrade power infrastructure, including the construction of new transmission lines to facilitate the expansion of renewable energy, including through a new Grid Authority

Upgrade power infrastructure, including the construction of new transmission lines to facilitate the expansion of renewable energy

Ten-year extension of investment tax credit and production tax credit for clean energy generation and storage

 

Invest in demonstration projects and research hubs for next generation technologies like clean hydrogen, carbon capture and advanced nuclear reactors

Invest in demonstration projects and research hubs for next generation technologies like clean hydrogen, carbon capture and advanced nuclear reactors

Plug orphan oil and gas wells and clean-up abandoned mines

 

 

 

Build next-generation, clean energy industries in distressed communities, including hydrogen and fuel and carbon capture deployment and storage

 

 

 

Remediate and redevelop idle industrial and energy sites in distressed and disadvantaged communities

 

 

 

Finance a Civilian Climate Corps to bolster conservation and environmental justice efforts

 

 

 

Digital Infrastructure: $100 billion

Broadband Infrastructure: $65 billion

Broadband Infrastructure: $65 billion

Broadband Infrastructure: $65 billion

Build high speed broadband infrastructure to cover 100 percent of the country

 

Connect every American to high speed internet

Connect every American to high speed internet

Reduce the cost and increase adoption of broadband internet service

 

Reduce prices for internet service and close digital divide

Reduce prices for internet service and close digital divide

Climate Resilience Infrastructure: $50 billion

 

Resilience: $47 billion

Resilience: $47 billion

Safeguard critical infrastructure and services and defend vulnerable communities

 

Prepare infrastructure for the impacts of climate change, cyber-attacks, and extreme weather events

Prepare infrastructure for the impacts of climate change, cyber-attacks, and extreme weather events

Maximize the resilience of land and water resources to protect communities and the environment

 

 

 

Social and Noncore Infrastructure: $1.36 trillion

 

Environmental remediation: $21 billion

Environmental remediation: $21 billion

 

 

Address legacy pollution through targeted clean-up efforts

Address legacy pollution through targeted clean-up efforts

Footnotes

[1] Andrew Duehren, Senate Passes Bipartisan Infrastructure Bill, The Wall Street Journal, August 10, 2021.

[2] As discussed in our prior client alert, “Bipartisan Infrastructure Framework Includes Significant Private Investment.”

[3] Mary Clare Jalonick, What’s Inside the Senate’s Bipartisan Infrastructure Bill, AP News, August 11, 2021.

[4] Infrastructure Investment and Jobs Act, H.R. 3684, Division A, Title II, Section 12001; see also 49 U.S.C. § 40117.

[5] H.R. 3684, Division A, Title XV, Section 11508.

[6] H.R. 3684, Division G, Title VII, Section 70701.

[7] U.S. Environmental Protection Agency, EPA Announces $569 Million WIFIA Loan for Flood, Climate Resilience in the Fargo-Moorhead Metropolitan Area, June 18, 2021.

[8] U.S. Senate, Drinking Water and Wastewater Infrastructure Act of 2021, April 14, 2021.

[9] H.R. 3684, Division D, Title III.

[10] H.R. 3684, Division D, Title III, Subtitle A.

[11] H.R. 3684, Division D, Title III, Section 40304.

[12] H.R. 3684, Division D, Title III, Section 40303.

[13] H.R. 3684, Division D, Title III, Section 40305.

[14] H.R. 3684, Division D, Title III, Section 40308.

[15] H.R. 3684, Division A, Title I, Section 11401.

[16] H.R. 3684, Division G, Title XI.

[17] H.R. 3684, Division A, Title I, Section 11401.

[18] 23 U.S.C. § 151; see also Federal Highway Administration, Alternative Fuel Corridors, last updated April 27, 2021.

[19] H.R. 3684, Division A, Title I, Section 11101.

[20] H.R. 3684, Division D, Title IV, Section 40431.

[21] H.R. 3684, Division A, Title I, Section 11101.

[22] H.R. 3684, Division D, Title III, Section 40313.

[23] Id.

[24] H.R. 3684, Division D, Title I, Section 40106.

[25] H.R. 3684, Division D, Title I, Section 40103.

[26] 42 U.S.C. § 17386.

[27] H.R. 3684, Division D, Title I, Section 40107.

[28] H.R. 3684, Division D, Title II.

[29] H.R. 3684, Division D, Title II, Section 40207.

[30] See H.R. 3684, Division A, Section 1001 (referred to as the Surface Transportation Reauthorization Act of 2021).

[31] The White House, Updated Fact Sheet: Bipartisan Infrastructure Investment and Jobs Act, August 2, 2021; H.R. 3684, Division A, Title I, Subtitle A, Section 1118.

[32] The White House, Updated Fact Sheet: Bipartisan Infrastructure Investment and Jobs Act, August 2, 2021.

[33] H.R. 3684, Division G, Title X, 71001.

[34] U.S. Chamber of Commerce, Bipartisan Infrastructure Investment and Jobs Act Summary: A Road to Stronger Economic Growth, available at https://static.politico.com/7e/74/659737a14980a049b2b233aa43c9/bif-summary.pdf.

[35] Andrew Duehren, CBO Estimates Infrastructure Bill Would Add $256 Billion to Deficits, The Wall Street Journal, August 6, 2021; see also Alexander Bolton, CBO Says Bipartisan Infrastructure Bill Would Add $256B to Deficit Over 10 Years, August 5, 2021.

[36] Gabriel T. Rubin et al., What’s in Biden’s American Families Plan? From Taxes to Child Care?, The Wall Street Journal, April 28, 2021.

[37] Jonathan Weisman, House Moderates Say They Won’t Back Budget Vote Until Infrastructure Bill Passes, August 13, 2021.

[38] Id.

[39] Id.

[40] The White House, Fact Sheet: The American Jobs Plan, March 31, 2021.

[41] Senate Committee on Environment and Public Works, The Republican Roadmap: A Framework to Improve the Nation’s Infrastructure. April 22, 2021.

[42] The White House, Fact Sheet: President Biden Announces Support for the Bipartisan Infrastructure Framework, June 24, 2021.

[43] U.S. Senate, Infrastructure Investment and Jobs Act, August 10, 2021.

Authors and Contributors

Paul Epstein

Partner

Project Development and Finance

+1 212 848 5266

+1 212 848 5266

New York

Jesse Van Genugten

Associate

Project Development and Finance

+1 212 848 5393

+1 212 848 5393

New York