Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program

Congressional research reportMay 1, 2019

Ask Donna

What actually matters in this document.

Text

Water Infrastructure Financing: The Water

Infrastructure Finance and Innovation Act

(WIFIA) Program

Jonathan L. Ramseur

Specialist in Environmental Policy

Mary Tiemann

Specialist in Environmental Policy

Elena H. Humphreys

Analyst in Environmental Policy

Updated May 1, 2019

Congressional Research Service

7-....

www.crs.gov

R43315

Water Infrastructure Financing: The WIFIA Program

Summary

The Water Infrastructure Finance and Innovation Act (WIFIA) program provides financial

assistance for water infrastructure projects, including projects to build and upgrade wastewater

and drinking water treatment systems. Congress established the WIFIA program in the Water

Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121).

The WIFIA concept is modeled after a similar program that finances transportation projects, the

Transportation Infrastructure Finance and Innovation Act (TIFIA) program. Proponents of the

WIFIA approach, including water utility organizations, cite several potential benefits:

WIFIA provides credit assistance to large water infrastructure projects that may

otherwise have difficulty obtaining financing.

WIFIA provides credit assistance, namely direct loans, at U.S. Treasury rates,

potentially lowering the cost of capital for borrowers.

WIFIA assistance has less of a federal budgetary effect than conventional project

grants that are not repaid, because only the subsidy cost of a loan (representing

the presumed default rate on loans) is required to be appropriated.

WIFIA support limits the federal government’s exposure to default, because

projects must be found creditworthy with a revenue stream for repayment to be

eligible for assistance.

On the other hand, opponents of the WIFIA approach, including organizations that represent state

environmental agency officials, have cited several concerns:

Federal funding for a WIFIA program could have a detrimental effect on federal

support for established State Revolving Fund (SRF) programs that provide the

largest source of water infrastructure assistance today.

If WIFIA funding resulted in a decrease in SRF assistance, smaller projects may

face financing challenges.

The Congressional Budget Office has warned that the future costs of a WIFIA

program to the federal budget may be underestimated.

America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115-270), enacted on October 23, 2018,

removed the pilot designation from the WIFIA program, reauthorized appropriations, and revised

provisions related to program administration.

Appropriations for the WIFIA program have increased since its inception, allowing EPA to

provide increasing amounts of credit assistance each year:

FY2017 appropriations totaled $30 million.

FY2018 appropriations totaled $63 million.

FY2019 appropriations totaled $68 million.

On April 5, 2019, EPA announced a third round of WIFIA funding, inviting prospective

borrowers to submit letters of interest to EPA. From these submittals, the agency will select

projects for funding. EPA estimated that its budget authority would provide approximately $6

billion in credit assistance.

Congressional Research Service

Water Infrastructure Financing: The WIFIA Program

Contents

Introduction ..................................................................................................................................... 1

Program Overview .......................................................................................................................... 2

WRRDA 2014 ........................................................................................................................... 2

AWIA 2018 ............................................................................................................................... 4

Appropriations ................................................................................................................................. 5

EPA Implementation ........................................................................................................................ 6

Selected Issues ................................................................................................................................. 9

Subsidy Amount for Credit Assistance...................................................................................... 9

Loan Interest Rates and Default Risk ...................................................................................... 10

Interactions with Existing Water Financing Programs ............................................................ 10

Potential Federal Revenue Loss from Tax-Exempt Bonds...................................................... 12

Figures

Figure 1. WIFIA Appropriations ..................................................................................................... 6

Tables

Table 1. EPA Implementation of WIFIA ......................................................................................... 8

Contacts

Author Contact Information .......................................................................................................... 13

Acknowledgments ......................................................................................................................... 13

Congressional Research Service

Water Infrastructure Financing: The WIFIA Program

Introduction

Water infrastructure issues, particularly regarding funding, continue to receive attention from

some Members of Congress and a wide array of stakeholders. Localities are primarily responsible

for providing wastewater and drinking water infrastructure services. According to the most recent

estimates by states and the U.S. Environmental Protection Agency (EPA), expected capital costs

for such facilities total $744 billion over a 20-year period.1 While some analysts and stakeholders

debate whether these estimates understate or overstate capital needs, most agree that the affected

communities face formidable challenges in providing adequate and reliable water infrastructure

services.

Capital investments in water infrastructure are necessary to maintain high quality service that

protects public health and the environment, and capital facilities are a major investment for local

governments. The vast majority of public capital projects are debt-financed (i.e., they are not

financed on a pay-as-you-go basis from ongoing revenues to the water utility). The principal

financing tool that local governments use is the issuance of tax-exempt municipal bonds. At least

70% of U.S. water utilities rely on municipal bonds and other debt to some degree to finance

capital investments.2 Beyond municipal bonds, federal assistance through grants and loans is

available for some projects but is insufficient to meet all needs. Finally, public-private

partnerships (P3s), which are long-term contractual arrangements between a public utility and a

private company, currently provide only limited capital financing in the water sector. Although

they are increasingly used in transportation and some other infrastructure sectors, especially P3s

that involve private sector debt or equity investment in a project, most P3s for water infrastructure

involve contract operations for operation and maintenance. Numerous drinking water utilities are

privately owned and make significant private capital investments in water infrastructure,3 unlike

the wastewater sector, in which facilities are generally owned by municipalities.

In recent years, Congress has considered several legislative options to help finance water

infrastructure projects, including projects to build and upgrade wastewater and drinking water

treatment facilities. Some Members have offered proposals that would amend, supplement, and/or

complement the existing clean water and drinking water State Revolving Fund (SRF) programs.4

Other proposals would address water infrastructure issues outside the framework of the SRF

programs.

1 EPA’s most recent estimate of capital needs for wastewater infrastructure was published in 2016. See EPA, Clean

Watersheds Needs Survey 2012, Report to Congress, EPA-830-R-15005, January 2016. The most recent EPA needs

estimate for drinking water infrastructure was issued in 2018. See EPA, Drinking Water Infrastructure Needs Survey

and Assessment, EPA-816-K-17-002, March 2018. Operation and maintenance (O&M) needs are not included in these

cost estimates, because the clean water and drinking water SRF programs cannot provide funding for O&M activities.

2 Testimony of Aurel Arndt, American Water Works Association, in U.S. Congress, Senate Committee on Environment

and Public Works, “The Federal Role in Keeping Water and Wastewater Infrastructure Affordable,” 114th Cong., 2nd

sess., April 7, 2016.

3 The National Association of Water Companies, representing private water companies, estimates that “its six largest

members alone are collectively investing nearly $2.7 billion each year in their water systems—and these six companies

provide service to about six percent of the U.S. population.” Testimony of Martin A. Kropelnicki, National Association

of Water Companies, before House Committee on Energy and Commerce, Subcommittee on Environment,

Reinvestment and Rehabilitation of Our Nation’s Safe Drinking Water Delivery Systems, 115th Cong., 1st sess., March

16, 2017, p. 2.

4 For more information on the SRF programs see CRS Report R44963, Wastewater Infrastructure: Overview, Funding,

and Legislative Developments, by Jonathan L. Ramseur; and CRS Report R45304, Drinking Water State Revolving

Fund (DWSRF): Overview, Issues, and Legislation, by Mary Tiemann.

Congressional Research Service

1

Water Infrastructure Financing: The WIFIA Program

In 2014, Congress established the Water Infrastructure Finance and Innovation Act (WIFIA)

program, which creates a new mechanism of providing financial assistance for water

infrastructure projects. The first section of this report provides an overview of the WIFIA

program, including its origins, scope, and applicability. The second section describes WIFIA

program appropriation levels and estimates of the amount of credit assistance the federal funding

would provide. The third section discusses EPA’s implementation of the WIFIA program,

including recent developments. The fourth section identifies selected issues that may be of

interest to policymakers.

Program Overview

The WIFIA approach for supporting investment in water infrastructure is modeled after the

Transportation Infrastructure Finance and Innovation Act (TIFIA) program, which was

established in 1998 (see textbox below for further details). As the name suggests, only

transportation projects are eligible for TIFIA assistance. The TIFIA program generated interest in

creating a similar program for water infrastructure.

As discussed below, the Water Resources Reform and Development Act of 2014 (WRRDA 2014)

established and authorized appropriations for the WIFIA program. Congress provided the first

appropriations for EPA to offer credit assistance, such as direct loans, under the WIFIA program

in FY2017. In 2018, America’s Water Infrastructure Act of 2018 (AWIA) reauthorized

appropriations for the program and amended certain WIFIA provisions.5

Transportation Infrastructure Finance and Innovation Act (TIFIA)

TIFIA was enacted as part of the Transportation Equity Act for the 21st Century (TEA-21; P.L. 105-178) and was

reauthorized in 2012 in the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141). TIFIA

provides federal credit assistance up to a maximum of 49% of project costs in the form of secured loans, loan

guarantees, and lines of credit (23 U.S.C. 601 et seq.). Transportation projects costing at least $50 million (or at

least $25 million in rural areas) are eligible for TIFIA financing. The threshold for Intelligent Transportation

Systems projects is $15 million. Projects must also have a dedicated revenue stream to be eligible for credit

assistance. TIFIA can provide senior or subordinated debt. With the enactment of MAP-21, funding authorized for

the TIFIA program increased from $122 million annually to $750 million in FY2013 and $1 billion in FY2014 and

FY2015. However, the Fixing America’s Surface Transportation Act (FAST Act, P.L. 114-94), enacted in December

2015, reduced the amount available to support TIFIA loans and other credit assistance. Under the FAST Act, the

annual amount is $275 million in each of FY2016 and FY2017, $285 million in FY2018, and $300 million in each of

FY2019 and FY2020.

WRRDA 2014

WRRDA 2014 established a five-year WIFIA pilot program.6 The act authorized (1) EPA to

provide credit assistance (loans or loan guarantees)7 for a range of drinking water and wastewater

5 The Fixing America’s Surface Transportation Act (FAST Act, P.L. 114-94) also made a change to WIFIA as

discussed below.

6 The President signed the bill into law on June 10, 2014 (P.L. 113-121). A standalone measure to create a WIFIA

program was also introduced in the 113th Congress: S. 335 proposed to empower the EPA Administrator to provide

credit assistance to drinking water and wastewater infrastructure projects. It was not a pilot program, as in P.L. 113121.

7 Although WIFIA credit assistance may include direct loans and loan guarantees, EPA stated that based on experience

from comparable government credit programs, the agency does not anticipate immediate demand for loan guarantee

instruments. See EPA, WIFIA Program Handbook, 2017, https://www.epa.gov/sites/production/files/2017-07/

documents/program_handbook_7-18-17_final.pdf.

Congressional Research Service

2

Water Infrastructure Financing: The WIFIA Program

projects and (2) the U.S. Army Corps of Engineers to provide similar assistance for water

resource projects, such as flood control or hurricane and storm damage reduction.

Congress provided appropriations to EPA to administer the WIFIA program in FY2014. Congress

has not appropriated analogous funds to the Corps (nor has the Administration requested funds for

a Corps WIFIA program) that would enable the Corps to implement a WIFIA program as laid out

in WRRDA 2014. Regardless, this section identifies WIFIA provisions relating to both EPA and

the Corps.

To implement the program, the act authorized appropriations of $175 million over five years to

both EPA and the Corps (beginning with $20 million for each agency in FY2015 and increasing

to $50 million in FY2019). Project costs must generally be $20 million or larger to be eligible for

credit assistance. For projects in less populous communities (defined by WIFIA as populations of

25,000 or less), project costs must be $5 million or more. WIFIA credit assistance is available to

state infrastructure financing authorities;8

a corporation;

a partnership;

a joint venture;

a trust; or

a federal, state, local, or tribal government (or consortium of tribal governments).

In the case of projects carried out by private entities, such projects must be publicly sponsored. To

meet this requirement, WIFIA allows a project applicant to demonstrate to the EPA or the Corps

that the affected state, local, or tribal government supports the project. The maximum amount of a

loan is 49% of eligible project costs, but the act authorizes EPA or the Corps to make available up

to 25% of available funds each year for credit assistance in excess of 49% of project costs. Except

for certain projects in rural areas, the total amount of federal assistance (i.e., WIFIA and other

sources combined) may not exceed 80% of a project’s cost.

Activities eligible for assistance under the WIFIA pilot program include project development and

planning, construction, acquisition of real property, and carrying costs during construction.

Categories eligible for assistance by EPA include

projects eligible for assistance through the clean water state revolving fund

(CWSRF) and drinking water state revolving fund (DWSRF) programs (i.e.,

wastewater treatment and community drinking water facilities);

enhanced energy efficiency of a public water system or wastewater treatment

works;

repair or rehabilitation of aging wastewater and drinking water systems;

desalination, water recycling, aquifer recharge, or development of alternative

water supplies to reduce aquifer depletion;

prevention, reduction, or mitigation of the effects of drought;9 or

a combination of eligible projects.

8 State agencies may submit one application that addresses multiple projects.

9 The WIIN Act (P.L. 114-322) expanded WIFIA eligibility to include projects involving aquifer recharge;

development of alternative water supplies to reduce aquifer depletion; and prevention, reduction, or mitigation of the

effects of drought. For more information, see CRS In Focus IF10536, Water Infrastructure Improvements for the

Nation Act (WIIN), by Nicole T. Carter et al.

Congressional Research Service

3

Water Infrastructure Financing: The WIFIA Program

Categories eligible for assistance by the Corps include

flood control or hurricane and storm damage reduction projects,

environmental restoration,

coastal or inland harbor navigation improvement, or

inland and intracoastal waterways navigation improvement.

The EPA Administrator or Secretary of the Army, as appropriate, determines project eligibility

based on creditworthiness and dedicated revenue sources for repayment. Selection criteria include

the national or regional significance of the project,

extent of public or private financing in addition to WIFIA assistance,

use of new or innovative approaches,

the amount of budget authority required to fund the WIFIA assistance,

the extent to which a project serves regions with significant energy development

or production areas, and

the extent to which a project serves regions with significant water resources

challenges.

Responding to concerns from some groups that WIFIA could impair and diminish support for

clean water and drinking water SRF programs under the Clean Water Act and Safe Drinking

Water Act (see discussion below), the act requires the EPA Administrator, when the agency

receives applications for WIFIA assistance, to notify state infrastructure financing authorities and

give them the opportunity to commit funds to the project.

WIFIA-assisted projects must use American-made iron and steel products. Projects must also

comply with the prevailing wage requirements of the Davis-Bacon Act in the same manner that

they would under the SRF provisions of the Clean Water Act.10

In addition, the act directed EPA and the Corps to provide information on a website concerning

applications and projects that have received assistance, and the Government Accountability

Office must report to Congress (four years after enactment, i.e., June 10, 2018) on the program

and provide recommendations for continuing, changing, or terminating the WIFIA program. 11 As

discussed below, AWIA extended the deadline for this report.

AWIA 2018

AWIA, enacted on October 23, 2018, amended WIFIA in several ways:12

It removed WIFIA’s designation as a pilot program.

It authorized appropriations of $50.0 million for each of FY2020 and FY2021 for

EPA program implementation.

It authorized EPA to administer the WIFIA program for relevant agencies

(through an interagency agreement), specifically directing EPA to enter into such

10 For more background on the Davis-Bacon Act, see this Department of Labor website, https://www.dol.gov/whd/

govcontracts/dbra.htm.

11 EPA’s WIFIA website is https://www.epa.gov/wifia.

12 For more information on AWIA, see CRS Report R45656, America’s Water Infrastructure Act of 2018 (P.L. 115270): Drinking Water Provisions, by Elena H. Humphreys.

Congressional Research Service

4

Water Infrastructure Financing: The WIFIA Program

an agreement with the commissioner of the Bureau of Reclamation within the

Department of the Interior.

It required the Government Accountability Office to prepare a report for

Congress by October 23, 2021.

In addition, AWIA authorized an additional $5 million in WIFIA appropriations to provide credit

assistance to state finance authorities to support combined projects eligible for assistance from the

CWSRF and DWSRF. This additional appropriation authority is available for FY2020 and

FY2021 and is available only if (1) Congress appropriates funding for both the CWSRF and the

DWSRF at FY2018 levels or 105% or more of the previous year’s funding, whichever is greater,

and (2) EPA receives at least $50.0 million in WIFIA appropriations. State financing authorities

may use funding from WIFIA appropriations to cover 100% of project costs, in contrast to the

80% federal financial assistance cap that applies to most WIFIA-financed projects.13

Appropriations

For each of FY2015 and FY2016, Congress provided $2.2 million for EPA to hire staff and

design the new water infrastructure assistance program. In FY2017, Congress provided the first

appropriations to cover the subsidy cost of the program, thus allowing implementation of WIFIA

(i.e., making project loans). Congress provided a total of $30 million for the WIFIA program for

FY2017 through two appropriations acts:

The Further Continuing and Security Assistance Appropriations Act, 2017 (P.L.

114-254), enacted on December 10, 2016, provided the first appropriation of

funds to cover the subsidy cost of the program. P.L. 114-254 appropriated $20

million to EPA to begin making loans and allowed the agency to use up to $3

million of the total for administrative purposes. The act authorized EPA to use

these appropriations to subsidize costs to provide credit assistance not to exceed

$2.1 billion.14

The Consolidated and Further Continuing Appropriations Act, 2017 (P.L. 11531), enacted on May 5, 2017, provided an additional $8 million for EPA to apply

toward loan subsidy costs and $2 million for EPA’s administrative expenses.15

The act authorized EPA to use funds to guarantee as much as $976 million in

direct loans.16

For FY2018, the Consolidated Appropriations Act, 2018 (P.L. 115-141), provided $63 million for

the WIFIA program (including $8 million for administrative costs).17 The act authorized EPA to

13 33 U.S.C. §3908(b)(9)(C). Amended by Section 4201 in America’s Water Infrastructure Act of 2018 (P.L. 115-270).

14 P.L. 114-254 §197(a).

15 The $8 million appropriation for loan subsidy costs remain available until expended and $2 million for EPA’s

administrative expenses remain available until September 30, 2018 (P.L. 115-31).

16 P.L. 115-31, Division G, Title II.

17 Prior to the enactment of P.L. 115-141, the Continuing Appropriations Act, 2018, and Supplemental Appropriations

for Disaster Relief Requirements Act, 2017 (P.L. 115-56, §133), provided to EPA for FY2018 administrative expenses

to carry out the WIFIA program “at a rate for operations of $3 million.” The $55 million appropriation for loan subsidy

costs remains available until expended and $8 million for EPA’s administrative expenses remains available until

September 30, 2019 (P.L. 115-141).

Congressional Research Service

5

Water Infrastructure Financing: The WIFIA Program

use funds to guarantee as much as $6.71 billion in direct loans.18 EPA estimated that its budget

authority ($55 million) would provide approximately $5.5 billion in credit assistance.19

For FY2019, the Consolidated Appropriations Act, 2019 (P.L. 116-6) provided $68 million for the

WIFIA program, including $8 million for administrative costs.20 The act authorized EPA to use

funds to guarantee as much as $7.31 billion in direct loans.21 EPA estimated that its budget

authority ($60 million) would provide approximately $6 billion in credit assistance.22

Figure 1 illustrates the WIFIA appropriations for administrative purposes and for loan subsidy

costs between FY2017 and FY2019. The appropriations acts for FY2017 through FY2019 state

that the appropriations for the subsidy costs would be available until expended. In contrast, fiscal

year appropriations for WIFIA administrative costs are not available after specific dates.

Figure 1. WIFIA Appropriations

in millions of dollars

Source: Prepared by CRS. FY2017 appropriations from P.L. 114-254 and P.L. 115-31. FY2018 appropriations

from P.L. 115-141. FY2019 appropriations from P.L. 116-6.

As discussed above, WRRDA 2014 authorized a parallel program for water resources projects to

be administered by the Corps. Congress has not yet appropriated funds (nor has the

Administration requested funds for a Corps WIFIA program) that would enable the Corps to

begin preparations or begin making WIFIA loans under the authority in the 2014 statute.

EPA Implementation

EPA began preparing for implementation of the WIFIA program, including through a series of

public listening sessions in several U.S. cities, in 2014. The intended audience was municipal,

18 P.L. 115-141, Division G, Title II, authorized EPA to use funds to guarantee as much as $610 million in credit

assistance, and Section 430(c) of Title IV authorized EPA to use the appropriation to guarantee as much as $6.1 billion.

19 EPA, “FY2018 Notice of Funding Availability,” https://www.epa.gov/wifia/how-apply-wifia-assistance-0#notice.

20 The $60 million appropriation for loan subsidy costs remains available until expended, and $8 million for EPA’s

administrative expenses remains available until September 30, 2020 (P.L. 116-6).

21 P.L. 116-6, Division E, Title II, authorized EPA to use funds to guarantee as much as $610 million in credit

assistance, and Section 429(c) of Title IV authorized EPA to use the appropriation to guarantee as much as $6.7 billion.

22 EPA, “FY2019 Notice of Funding Availability,” https://www.epa.gov/wifia/how-apply-wifia-assistance-0#notice.

Congressional Research Service

6

Water Infrastructure Financing: The WIFIA Program

state, and regional water utility officials; private sector financing professionals; and other

interested organizations and parties. The purpose was to discuss project ideas, potential selection

and evaluation criteria, and numerous other implementation issues.

In 2016, EPA issued two rules intended to explain and clarify some provisions of the program and

establish guidelines for the application process. One was an interim final rule that sets guidelines

for the application and selection of projects, defines the requirements for credit assistance, and

defines reporting requirements and a fee collection structure.23 In this rule, EPA said that it would

initially give funding priority to four types of projects:

1. adaptation to extreme weather and climate change;

2. enhanced energy efficiency of wastewater treatment works and public water

systems;

3. green infrastructure;24 and

4. repair, rehabilitation, and replacement of infrastructure and conveyance systems.

Through the second rulemaking, EPA proposed a fee structure for WIFIA (application fee, credit

processing fee, and servicing fee).25 EPA finalized this rule in June 2017.26 WIFIA authorizes EPA

to charge fees to recover all or a portion of the agency’s costs administering the program.27 EPA’s

final rule requires a nonrefundable fee for each project that is invited to submit a full WIFIA

application. The application fee is $100,000, or $25,000 for projects serving small communities.

The fees are not required in connection with submission of letters of interest but would be

required for projects that EPA expects might reasonably proceed to closing on a credit assistance

agreement. Enacted December 16, 2016, the Water Infrastructure Improvements for the Nation

(WIIN) Act (P.L. 114-322, Section 5008(c)) amended WIFIA to allow fees to be financed as part

of the loan at the request of an applicant.28 In 2018, AWIA amended WIFIA to clarify that state

23 EPA, “Credit Assistance for Water Infrastructure Projects, interim final rule; request for public comments,” 81

Federal Register 91822, December 19, 2016. An interim final rule is one that is adopted without prior public comment

and is made effective immediately, although federal agencies typically request comments and can alter the interim rule

if warranted by public comments.

24 In the interim final rule, EPA defines green infrastructure as follows:

Green infrastructure includes a wide array of practices at multiple scales that manage wet weather

and that maintains and restores natural hydrology by infiltrating, evapotranspiring and harvesting

and using stormwater. On a regional scale, green infrastructure is the preservation and restoration

of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such

as infill and redevelopment that reduce overall imperviousness in a watershed. On the local scale,

green infrastructure consists of site- and neighborhood-specific practices, such as bioretention,

trees, green roofs, permeable pavements and cisterns. (81 Federal Register 91828)

25 EPA, “Fees for Water Infrastructure Project Applications Under WIFIA,” Proposed Rule, 81 Federal Register

91890, December 19, 2016. EPA credits the application fee toward the credit processing fee, which is due upon the

execution of the loan agreement. The amount of the credit processing fee varies from project to project, as this fee is

intended to reimburse EPA for legal, financial, engineering, and other contracted services. If a final loan agreement is

not made, the entity must still pay relevant fees to EPA for costs incurred.

26 EPA, “Fees for Water Infrastructure Project Applications Under WIFIA, Final Rule,” 82 Federal Register 29242,

June 28, 2017.

27 33 U.S.C. §3909.

28 In the preamble to its final rule, EPA notes:

While not reflected in this rule, the ability to finance fees as part of a WIFIA loan is an option

available to applicants. EPA will publish additional information or guidance, as necessary, on its

Web site. (82 Federal Register 29242)

Congressional Research Service

7

Water Infrastructure Financing: The WIFIA Program

financing authorities cannot pass along application fees on to the parties that utilize WIFIA

assistance.

After EPA received its first appropriations to cover loan subsidy costs, it announced its first round

of funding for the WIFIA program in January 2017.29 Additional rounds of funding have followed

with each fiscal year’s enacted appropriations.

Table 1 provides details for each of EPA’s funding rounds, including the project priorities EPA

listed in its annual funding notices, the number of letters of interest submitted, selected projects,

and loans closed.

Table 1. EPA Implementation of WIFIA

Fiscal

Year

2017

2018

2019

Letters of

Interest

Selected

Projects

Loans Closed

Project priorities: Adaption to extreme

weather events and climate change, enhanced

energy efficiency of water utilities, green

infrastructure, rehabilitation, and replacement

of water infrastructure.

Published: January 10, 2017

43

12

8

Project priorities: Provide clean and safe

drinking water, including reducing exposure

to lead; repair, rehabilitate, and replace aging

water infrastructure and conveyance systems.

Published: April 12, 2018

62

39

0

Project priorities: Readiness to proceed;

provide safe drinking water, including

reducing exposure to lead and addressing

emerging contaminants such as per- and

polyfluoroalkyl substances; repair,

rehabilitate, and replace aging water

infrastructure and conveyance systems; water

reuse and recycling.

Published: April 5, 2019

Not yet available

(NYA)

NYA

NYA

Notice of Funding Availability

In aggregate, the

closed loans account

for $1.39 billion in

federal financing

Source: Compiled by CRS from EPA, “Notice of Funding Availability for Applications for Credit Assistance

Under the WIFIA Program,” 82 Federal Register 2933, January 10, 2017; EPA, “Notice of Funding Availability for

Applications for Credit Assistance Under the WIFIA Program,” 83 Federal Register 15828, April 12, 2018; EPA,

“Notice of Funding Availability for Applications for Credit Assistance Under the WIFIA Program,” 84 Federal

Register 13657, April 5, 2019; https://www.epa.gov/wifia/wifia-selected-projects and https://www.epa.gov/wifia/

wifia-letters-interest.

Notes: This information is current as of the date of this report.

29 EPA, “Notice of Funding Availability for Applications for Credit Assistance Under the WIFIA Program,” 82 Federal

Register 2933, January 10, 2017.

Congressional Research Service

8

Water Infrastructure Financing: The WIFIA Program

Selected Issues

Subsidy Amount for Credit Assistance

From the federal perspective, an advantage of the WIFIA program is that it can provide a large

amount of credit assistance relative to the amount of budget authority provided. In federal

budgetary terms, WIFIA assistance has less of an impact than a grant, which is not repaid to the

U.S. Treasury.

The volume of loans and other types of credit assistance that the program can provide is

determined by the size of congressional appropriations and calculation of the subsidy amount.

WIFIA defines the “subsidy amount” as follows:

The amount of budget authority sufficient to cover the estimated long-term cost to the

Federal Government of a Federal credit instrument, as calculated on a net present value

basis, excluding administrative costs and any incidental effects on governmental receipts

or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et

seq.).30

The subsidy amount, which is often expressed in percentage terms or as a ratio (i.e., subsidy rate),

largely determines the amount of credit assistance that can be made available to project

sponsors.31 For example, if a project’s subsidy rate is 10% and is the only charge against available

budget authority, a $20 million budgetary allocation could theoretically support a $200 million

loan. A lower subsidy rate would support a larger loan amount.

As a reference point, the Office of Management and Budget (OMB) identified a TIFIA subsidy

rate of 6.30% for direct loans in FY2020.32 Proponents of WIFIA have argued that loans for water

projects are likely to be less risky than transportation projects, because water utility collections

for services (i.e., water rates) provide an established revenue stream and repayment mechanism;

thus the subsidy cost would be lower and the amount of credit assistance higher (per dollar of

budget authority).33 Adding caution, however, analysts note that, even with stable revenue

mechanisms, some communities and water utilities have recently experienced problems with

borrowing and bond repayments, so repayment of a WIFIA loan is not a certainty.34

In the Trump Administration’s FY2020 budget proposal, OMB estimated a 0.91% subsidy rate for

WIFIA.35 This equates to a 1:110 ratio. At this subsidy rate, a $10 million appropriation could

support a direct loan (or loans) totaling $1.10 billion. However, this subsidy rate is an estimate for

30 33 U.S.C. §3901(13).

31 Douglas J. Elliott, Budgeting for Credit Programs: A Primer, Center for Federal Financial Institutions, April 2004,

http://www.coffi.org/pubs/Budgeting%20Primer.pdf.

32 OMB, Budget of the United States Government, FY2020 Supplemental Materials, Direct Loans: Subsidy Rates,

Obligations, and Average Loan Size.

33 See for example, testimony of Aurel Arndt, in U.S. Congress, House Committee on Transportation and

Infrastructure, Subcommittee on Water Resources and Environment, hearing on Innovative Funding of Water

Infrastructure of the United States, 112th Cong., 2nd sess., February 28, 2012,

http://republicans.transportation.house.gov/Media/file/TestimonyWater/2012-02-28-Arndt.pdf.

34 LaShell Stratton-Childers, “Navigating a Rough Terrain,” Water Environment and Technology, January 2012, pp.

24-29. This article describes the November 2011 bankruptcy filing by Jefferson County, AL, in part resulting from the

county’s inability to cover debts for wastewater system upgrades.

35 OMB, Budget of the United States Government, FY2019, Federal Credit Supplement, Table 1, https://www.gpo.gov/

fdsys/pkg/BUDGET-2019-FCS/pdf/BUDGET-2019-FCS.pdf.

Congressional Research Service

9

Water Infrastructure Financing: The WIFIA Program

budgetary purposes. In the context of WIFIA implementation, subsidy rates are project-specific.36

EPA stated that the subsidy rate

is used for budgetary purposes and provides an estimate for what will be available for loans

each year based on the anticipated riskiness of the future loan portfolio. The actual ratio

will be determined for each project at the time of loan obligation. Project A with a higher

credit quality would consume less of the credit subsidy than Project B with a lower credit

quality, even if the projects are otherwise identical. Each applicant will be scored

independently.37

Loan Interest Rates and Default Risk

The WIFIA program provides capital at a low cost to the borrower, because even though the

interest on 30-year Treasury securities is taxable, Treasury rates can be less expensive than rates

on traditional tax-exempt municipal debt. Moreover, WIFIA financing may be characterized as

patient capital, because loan repayment does not need to begin until five years after substantial

completion of a project, the loan can be for up to 35 years from substantial completion, and the

amortization schedule can be flexible. In addition, there is less perceived investment risk, because

the project has been determined to be creditworthy (i.e., there is a revenue stream for repayment).

Additionally, the WIFIA program has the potential to limit the federal government’s exposure to

default by relying on market discipline through creditworthiness standards and encouraging

private capital investment.

On the other hand, the Congressional Budget Office (CBO) has argued38 that the federal

government underestimates the cost of providing credit assistance under such programs because it

excludes

the cost of market risk—the compensation that investors require for the uncertainty of

expected but risky cash flows. The reason is that the [Federal Credit Reform Act] requires

analysts to calculate present values by discounting expected cash flows at the interest rate

on risk-free Treasury securities (the rate at which the government borrows money). In

contrast, private financial institutions use risk-adjusted discount rates to calculate present

values.39

In an effort to encourage nonfederal and private sector financing, WIFIA funding assistance

generally cannot exceed 49% of project costs. In addition, WIFIA limits all sources of federal

assistance to no more than 80% of a project’s cost.

Interactions with Existing Water Financing Programs

In general, the WIFIA program is designed to support larger infrastructure projects with eligible

costs exceeding $20 million. For this reason, some have argued that the WIFIA program

complements existing water infrastructure financing tools—SRF programs under the Clean Water

Act and Safe Drinking Water Act—which are often used for smaller-scale projects.

36 33 U.S.C. §3908(a)(2).

37 EPA WIFIA website, “Frequent Questions,” https://www.epa.gov/wifia/learn-about-wifia-program#questions.

38 For more on this topic generally, see CBO, Fair-Value Accounting for Federal Credit Programs, March 2012,

http://www.cbo.gov/sites/default/files/cbofiles/attachments/03-05-FairValue_Brief.pdf.

39 CBO, “Estimating the Value of Subsidies for Federal Loans and Loan Guarantees,” August 2004, p. 2,

http://www.cbo.gov/ftpdocs/57xx/doc5751/08-19-CreditSubsidies.pdf.

Congressional Research Service

10

Water Infrastructure Financing: The WIFIA Program

Policymakers set a lower minimum threshold for project costs ($5 million) for WIFIA projects in

communities with populations less than 25,000. One of 12 projects selected in the FY2017

funding round is located in a less populous community (Morro Bay, CA).40 Two of the 39 projects

in the FY2018 funding round are located in less populous communities (Frontenac, KS, and

Cortland, NY).

Generally, the level of interest from less populous communities in WIFIA financing is uncertain,

particularly considering the other financing options that may be available. The U.S. Department

of Agriculture has a variety of water and waste disposal programs to provide loans and grants for

wastewater and drinking water infrastructure in rural communities (10,000 people or fewer). In

addition, both of the SRF programs authorize states to provide subsidized financial assistance—

such as principal forgiveness, negative interest loans, or a combination—under certain

conditions.41 Appropriations acts in recent years have required states to use minimum percentages

of their federal grant amounts to provide additional subsidization. The FY2019 appropriations act

requires 10% of the CWSRF grants and 20% of the DWSRF grants to be used “to provide

additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest

loans, or grants (or any combination of these).”

WIFIA financing can potentially support smaller projects by grouping, or aggregating, them

through a single application for financial assistance. For example, during the first round of WIFIA

funding (FY2017), one of the 12 entities selected to submit a loan application was the Indiana

Finance Authority, which administers the clean water and drinking water SRF programs in

Indiana. Indiana’s prospective WIFIA loan would provide $436 million to support multiple

projects in the state.

A major source of debate among opponents and proponents has been and continues to be potential

impacts of WIFIA on funds for the Clean Water Act and Safe Drinking Water Act SRF programs.

Several groups representing state environmental officials opposed the establishment of a WIFIA

program (in the 113th Congress). They argued that WIFIA funding could result in reduced

spending on the SRF programs, which are capitalized by federal appropriations. States are

concerned that WIFIA would likely be funded (through congressional appropriations) to the

detriment of the SRF programs.42

On the other hand, water utility groups that support WIFIA have argued that it would

complement, not harm, existing SRF programs. In their view, WIFIA will provide a new funding

opportunity for large water infrastructure projects that are unlikely to receive SRF assistance.43 As

described above, in part to address concerns about impacts of WIFIA on the SRF programs,

WIFIA requires EPA to notify state infrastructure financing authorities about WIFIA application

and gives state infrastructure financing authorities an opportunity to commit funds to the project.

Nevertheless, some states and environmental advocacy groups remain concerned that WIFIA will

compete with SRFs for congressional funding and that WIFIA will not prioritize public health or

affordability, as the SRFs can. The 2016 Water Infrastructure Improvements for the Nation Act

40 See https://www.epa.gov/sites/production/files/2017-07/documents/11_morro_bay_wifiaprojectfactsheet.pdf.

41 For more information, see CRS Report RL30478, Federally Supported Water Supply and Wastewater Treatment

Programs, coordinated by Jonathan L. Ramseur.

42 Letter from Association of Clean Water Administrators et al. to Honorable Bill Shuster, chairman, Committee on

Transportation and Infrastructure, and Honorable Nick J. Rahall II, ranking member, Committee on Transportation and

Infrastructure, October 24, 2013.

43 Letter from American Water Works Association, Association of Metropolitan Water Agencies, and Water

Environment Federation to Honorable Barbara Boxer, chairwoman, Committee on Environment and Public Works,

September 9, 2013.

Congressional Research Service

11

Water Infrastructure Financing: The WIFIA Program

includes a “sense of the Congress” that WIFIA funding should be in addition to robust funding for

the SRFs.44

Potential Federal Revenue Loss from Tax-Exempt Bonds

Enacting the WIFIA program raised a federal budgetary and revenue issue. Legislation reported

by congressional committees is typically scored by the CBO for the effects on discretionary and

mandatory, or direct, spending and by the Joint Committee on Taxation (JCT) for effects on

revenue. The initial CBO cost estimate for S. 601, as approved by the Environment and Public

Works Committee in April 2013, concluded that the WIFIA provisions would cost $260 million

over five years. In addition, it would result in certain revenue loss to the U.S. Treasury; thus, payas-you-go procedures would have applied to the bill.45 CBO cited the JCT estimate that enactment

of the bill would reduce revenues by $135 million over 10 years, because states would be

expected to issue tax-exempt bonds for water projects in order to acquire additional funds not

covered by WIFIA assistance.46 To avoid the pay-as-you-go requirement in the bill, the committee

added a provision to S. 601 to prohibit recipients of WIFIA assistance from issuing tax-exempt

bonds for the non-WIFIA portions of project costs. CBO re-estimated the bill and concluded that,

because the change would make the WIFIA program less attractive to entities, most of which rely

on tax-exempt bonds for project financing, the cost of the bill would be $200 million less over

five years. CBO also said that the bill would have no impact on revenues, because the demand for

federal credit would be lower without the option of using tax-exempt financing.47 WRRDA 2014

retained the bar on tax-exempt financing for WIFIA-assisted projects. Thus, the apparent solution

to one issue in the legislation—potential revenue loss to the U.S. Treasury—raised a different

kind of issue for entities seeking WIFIA credit assistance, because tax-exempt municipal bonds

are the principal mechanism used by local governments to finance water infrastructure projects.

The restriction was widely criticized by potential users of WIFIA assistance. In their view, the

bond financing restriction in WRRDA 2014, together with the provision that caps WIFIA

assistance at 49% of project costs, would make it very difficult to finance needed projects.

Congressional interest in addressing the tax-exempt bond restriction was soon evident. For

example, H.R. 1710 in the 114th Congress proposed to make an exception from the limitation on

use of tax-exempt bonds for WIFIA loans made to finance water infrastructure projects in states

in which the governor has issued a state of drought emergency declaration.

More generally, in July 2015, the Senate passed H.R. 22, a bill to reauthorize highway and

transportation programs for six years. It included repeal of the provision in P.L. 113-121 that

limits any project receiving federal credit assistance under the WIFIA program from being

financed with tax-exempt bonds. However, repeal of the provision raised similar revenue

questions to those that arose in connection with P.L. 113-121. CBO’s report on S. 1647 (the

Senate Environment and Public Works Committee’s bill, which was the basis of Senate-passed

H.R. 22)48 stated that the Joint Committee on Taxation (JCT) estimated that repealing the WIFIA

44 P.L. 114-322, §5008(d).

45 “Pay-as-you-go,” or PAYGO, is a budget rule requiring that, relative to current law, any tax cuts or entitlement and

other mandatory spending increases must be paid for by a tax increase or a cut in mandatory spending. See CRS Report

RL31943, Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) Rule, by Bill Heniff Jr.

46 CBO, Cost Estimate for S. 601, Water Resources Development Act of 2013, April 9, 2013, p. 6.

47 CBO, Cost Estimate for S. 601, Water Resources Development Act of 2013, April 17, 2013, p. 7.

48 U.S. Congress, Senate Committee on Environment and Public Works, Developing A Reliable and Innovative Vision

for the Economy (DRIVE) Act, report to accompany S. 1647, 114th Cong., 1st sess., July 15, 2015, S.Rept. 114-80

(Washington: GPO, 2015), pp. 27-33.

Congressional Research Service

12

Water Infrastructure Financing: The WIFIA Program

limitation would increase states’ issuance of tax-exempt bonds for water projects and would

decrease federal revenues by $17 million over the FY2016-FY2025 period. Further, CBO

estimated that the change would increase demand for federal credit under the WIFIA program,

resulting in additional spending stemming from the appropriation levels authorized in P.L. 113121. Consequently, CBO estimated that implementing the WIFIA program would cost $146

million over the FY2016-FY2025 period.49

The issue of identifying offsets, or “pay-fors,” for the estimated federal revenue loss was

addressed in the conference agreement on H.R. 22, the FAST Act (P.L. 114-94). CBO estimated

that the conference agreement included offsets to fully cover the cost of the bill by reducing

spending or raising revenues.50 Thus, the enacted bill retained the provision repealing the taxexempt bond financing restriction on WIFIA assistance.

Author Contact Information

Jonathan L. Ramseur

Specialist in Environmental Policy

[redacted]@crs.loc.gov

, 7-....

Elena H. Humphreys

Analyst in Environmental Policy

[redacted]@crs.loc.gov , 7-....

Mary Tiemann

Specialist in Environmental Policy

[redacted]@crs.loc.gov, 7-....

Acknowledgments

This report was originally written by Claudia Copeland, who has retired from CRS.

49 CBO, Cost Estimate for S. 1647, Developing a Reliable and Innovative Vision for the Economy Act, July 14, 2015,

p. 3.

50 Letter from Keith Hall, director, CBO, to Honorable Bill Shuster, chairman, and Peter DeFazio, ranking member,

House Transportation and Infrastructure Committee, December 2, 2015, https://www.cbo.gov/sites/default/files/114thcongress-2015-2016/costestimate/hr22_1.pdf.

Congressional Research Service

R43315 · VERSION 41 · UPDATED

13

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted phone numbers and email addresses of analysts who

produced the reports. We also added this page to the report. We have not intentionally made any

other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

copyright on any CRS report we have republished.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.