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Overview
On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (P.L. 117-58), officially enacting the Bipartisan Infrastructure Law (BIL). This follows votes in both the U.S. House of Representatives (228-206) and the U.S. Senate (69-30).
The BIL provides $973 billion over five years from FY 2022 through FY 2026, including $550 billion in new investments for all modes of transportation, water, power and energy, environmental remediation, public lands, broadband and resilience. In addition to providing authorizations for a wide variety of programs, the BIL also makes advanced appropriations over a number of years to several federal agencies. Typically, federal appropriations are made over one fiscal year by an annual appropriations act or an omnibus.
Counties play a major role in America's transportation and infrastructure network, owning and operating 44 percent of public roads and 38 percent of bridges -- more than any other level of government. Simultaneously, counties directly support 78 percent of public transit systems and 34 percent of airports that keep our residents connected in every corner of the country. Each year, counties invest $134 billion in the construction of infrastructure and the maintenance and operation of public works.
“Counties applaud the U.S. House and Senate for this much-needed, bipartisan infrastructure bill," said Matthew Chase, NACo Executive Director. "We appreciate our House and Senate partners who worked with us to develop this comprehensive legislation. It will help rebuild our nation's infrastructure and economy by investing in locally owned infrastructure and preserving local decision-making."
View NACo's full press statement on passage of the BIL here.
BIL by the Numbers |
Overall Funding
The BIL makes funding available to several federal agencies through different mechanisms, including the:
- U.S. Department of Agriculture
- U.S. Department of Commerce
- U.S. Department of Energy
- U.S. Department of Health and Human Services (LIHEAP)
- U.S. Department of Homeland Security
- U.S. Department of the Interior
- U.S. Department of Transportation
- U.S. Environmental Protection Agency
By the Numbers: Funding by Federal AgencyView Chart
The new law distributes federal funds in one of the following three ways:
- Authorizations of contract authority from the federal Highway Trust Fund
- Authorizations of appropriations from the General Fund of the U.S. Treasury
- Advanced appropriations from the General Fund of the U.S. Treasury
New Infrastructure Investments
Of the $973 billion total over five years, $550 billion is for new investments and is broken down as follows:
- Transportation: $284 billion (U.S. Department of Transportation)
- Water: $55 billion (U.S. Environmental Protection Agency)
- Broadband: $65 billion (U.S. Department of Commerce)
- Energy & Power: $73 billion (U.S. Department of Energy)
- Environmental remediation: $21 billion (U.S. Environmental Protection Agency)
- Western water infrastructure: $8.3 billion (U.S. Department of the Interior; U.S. Department of Agriculture - U.S. Forest Service)
- Resiliency: $46 billion (U.S. Department of Homeland Security)
The BIL directs $284 billion (52 percent) of the $550 billion in new investments toward modernizing and making improvements across all modes of transportation, with the majority of funding reserved for highways, roads and bridges:
- Roads & Bridges: $110 billion
- Transit: $39 billion
- Rail: $66 billion
- Safety: $11 billion
- Airports: $25 billion
- Ports & Waterways: $17 billion
- Electric vehicle chargers: $7.5 billion
- Electric buses: $7.5 billion
- Reconnecting Communities: $1 billion
County Access to Transportation Funds
Counties can access the law's transportation funds, which account for over half of its new investments, through three general ways:
- Competitively, through federal grant programs, such as RAISE and INFRA, and competitive processes run by state departments of transportation/Metropolitan Planning Organizations, like Transportation Alternatives funding
- Suballocations based on population from state departments of transportation, such as the Surface Transportation Block Grant Program
- Federal formulas, like transit formulas and the formula (entitlement) component of the Airport Improvement Program
To view open notices for county-accessible BIL funding that is AVAILABLE NOW, and to access a funding matrix outlining all of the BIL's funding opportunities for county governments, view NACo's BIL implementation page.
Major Provisions for Counties |
- Establishes a new, long-term surface transportation reauthorization
- Raises the off-system bridge set-aside by five percent, resulting in a $330 million increase to $1.035 billion annually
- Extends the Secure Rural Schools program for three years
- Significantly increases the number of competitive grant opportunities via supplemental appropriations to the U.S. Department of Transportation
- Increases the cap on Private Activity Bonds from $15 billion to $30 billion
- Authorizes $14.65 billion for the Environmental Protection Agency's Drinking Water State Revolving Fund and the Clean Water State Revolving Fund over five years
- Provides $1 billion for the Federal Emergency Management Agency (FEMA) Building Resilient Infrastructure and Communities (BRIC) program
- Fully funds the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act, which will allow state and local governments to utilize low interest loans for pre-disaster mitigation activities
- Creates a new population band within the Surface Transportation Block Grant for communities between 50,000 and 200,000 to allow for a more equitable distribution of funds
- Establishes a new competitive grant program for local governments to address and eliminate at-grade rail crossings
- Creates a new, $40 billion Bridge Investment Program that off-system bridges will be eligible for to repair, replace and rehabilitate the nation's bridges
- Significantly expands Buy America requirements for covered infrastructure materials
- Codifies elements of "One Federal Decision" that will require one federal agency to be responsible for issuing a decision resulting from a National Environmental Policy Act (NEPA) review, among other reforms, such as limiting the allowable number of pages for a decision
- Increases project cost thresholds for categorical exclusions, thereby making more projects eligible for streamlining
- Fails to address the solvency of the Highway Trust Fund, requiring a $118 billion bailout from the general fund of the U.S. Treasury to fund highway and transit programs
- Authorizes $3.5 billion for the Weatherization Assistance Program in FY 2022
- Includes $5 billion over five years for a new grant program to support activities that reduce the likelihood and consequence of impacts to the electric grid due to extreme weather, wildfire and natural disaster
- Establishes a new State and Local Cybersecurity grant program
- Appropriates $100 million annually through FY 2025 in supplemental funding for the Low Income Home Energy Assistance Program (LIHEAP), which helps low-income households pay for heating and cooling costs. In 13 states, county governments either fully administer the LIHEAP program or share that responsibility with local community-based agencies. The supplemental LIHEAP funding will be administered through the Department of Health and Human Services (HHS) via its regular formula.
Transportation |
Funding for the U.S. Department of Transportation (USDOT)
Over five years, the BIL will provide a total of $567.47 billion in Highway Trust Fund contract authority and federal appropriations for transportation and infrastructure programs through USDOT.
Surface Transportation Reauthorization: Highways, Transit & Rail Programs | FY 2022 – FY 2026
The BIL uses S. 1931, the Surface Transportation Reauthorization Act, and S. 2016, the Surface Transportation Investment Act, as the foundation for its highway, road, bridge and rail provisions. The primary difference between S. 1931 and S. 2016 and the BIL are the funding levels, many of which have been increased in the BIL by its authorization of supplemental appropriations.
This new, five-year $477 billion reauthorization replaces the previous surface transportation law, the Fixing America’s Surface Transportation Act (FAST Act/P.L. 114-94)., that governed highway, transit and rail programs through an initial five-year authorization from FY 2016 through FY 2020, in addition to three short-term extensions through the enactment of the BIL in FY 2022. Surface transportation funding in the BIL represents a 56.4 percent increase over the FAST Act ($305 billion).
View NACo's comprehensive analysis of the Senate's highway and rail reauthorization package here.
Please note, the program totals reflected below represent authorized totals over five years. Expand program details to see programs that will be increased by supplemental appropriations.
Highways, Roads & Bridges
Authorizes Highway Trust Fund (HTF) contract authority for highways over FY 2022 to FY 2026$273.15 billion over five years31.8% increase over FAST Act |
Contract authority is authorized at the following levels over five fiscal years:
Funds will be apportioned to states through nine federal-aid highway formula programs, including two new programs:
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Makes changes to the Surface Transportation Block Grant (STBG)$72 billion over five years15.2% increase over FAST Act |
STBG FUNDS FOR LOCAL GOVERNMENTS OVER FIVE YEARS
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Significantly increases the cap on state incentive payments to local governments to address at-grade crossings |
The cap established by the Section 130 program has increased from $7,500 to $100,000. The federal cost share has also increased to 100 percent for projects eliminating at-grade rail-highway crossings. |
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Increases funding for the Nationally Significant Freight and Highway Projects (INFRA) grant program$10.9 billion over five years142% increase over FAST Act |
Counties can apply directly to USDOT for INFRA grants, which are awarded on a competitive basis, to carry out a variety of eligible projects, including for:
Additionally, to be eligible for INFRA grants, a project must reasonably be expected to have costs that equal or exceed:
Thirty percent of the funds are reserved for small projects in rural areas, and the federal share for those projects has increased from 60 to 80 percent. TOTAL FUNDING OVER FIVE YEARS
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Creates new Bridge Investment Program (BIP)$40 billion over five years ($12.51 billion competitive) |
Counties can apply directly to USDOT for the competitive portion of the BIP to carry out small and large bridge projects. Eligible projects are defined as those meeting the following goals, including:
The federal share for projects is no more than 50 percent for large projects (defined as those costing more than $100 million) and no more than 80 percent for any other project. Off-system bridges are eligible. While states will receive the BIP formula funds, the bill will create a 15 percent set-aside within the program to address off-system bridges, much like STBG. TOTAL FUNDING OVER FIVE YEARS
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Creates new Reconnecting Communities Pilot Program$500 million over five years |
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Establishes a new Wildlife Crossings Pilot Program$350 million over five years |
Counties can apply directly to USDOT for this new competitive grant program to carry out eligible projects that reduce collisions and/or improve habitat connectivity. |
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Codifies the Rural Opportunities to Use Transportation for Economic Success (ROUTES) Council |
ROUTES, an initiative of the previous administration, works to address disparities in rural transportation. Under the BIL, USDOT is required to create an internal ROUTES Council tasked with providing technical assistance to rural areas for grant applications, researching and developing strategies to resolve rural transportation issues; and gathering information from stakeholders. |
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Addresses the Manual on Uniform Traffic Control Devices (MUTCD) |
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Creates a new competitive grant program to address threats to pedestrians$25 million over five years |
Counties can apply directly to USDOT for funds for bollard installation, defined as a "project to install raised concrete or other metal posts on a sidewalk adjacent to a roadway to are designed to slow or stop a vehicle." The federal share is up to 100 percent. |
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Establishes a new Rural Surface Transportation Grant Program$2 billion over five years |
Under this new program, a rural area is defined as "an area outside an urbanized area with a population over 200,000." Eligible counties can apply directly to USDOT for these funds to carry out a wide variety of highway and bridge projects that increase connectivity, improve safety, and facilitate the movement of goods and people at a federal cost share of 80 percent. Counties can also bundle projects. No more than 10 percent of funds can be used toward project with costs less than $25 million. Finally, USDOT must reserve 15 percent annually of funds made available under this section to provide grants for eligible projects in states with rural roadway fatalities as a result of lane departures that are higher than the national average.
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Establishes new criteria for Metropolitan Planning Organizations (MPOs) to consider when designating county and other local representatives |
MPOs are required to consider the equitable and proportional representation of the population of the metropolitan area when designating officials or representatives. This section will also enhance coordination among MPOs designated within the same area. |
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Addresses the Appalachian Regional Commission and the Alaska Denali Commission |
The number of Appalachian Regional Commission (ARC) counties increase, and the ARC becomes eligible for new funding initiatives to provide technical assistance, make grants and facilitate projects to deploy broadband and improve energy and economic resilience, including the:
The law also clarifies that any funds transferred to Alaska's Denali Commission (Alaska) from another federal agency are no longer be subject to any requirements previously attached to those funds, including any regulatory actions by the transferring agency. |
Permit Streamlining
Codifies "One Federal Decision" permit streamlining provisions |
USDOT is required to take several steps to implement new streamlining policies, including:
While many of these provisions are promising, they are also avoided through include simple exemptions. For instance, a federal agency may extend a review timeline beyond two years simply by setting a new completion date.
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Expedites evaluations for projects within an operational right-of-way |
Federal agencies are required to provide, at minimum, a preliminary review of applications for projects within an operational right-of-way within 45 days of submission. Other deadlines have also been established, and federal agencies not meeting a prescribed timeline is subject to reporting requirements. |
Increases cost thresholds eligible for categorical exclusions |
For small projects, the threshold increases from $5 million to $6 million; for large projects, it increases from $30 million to $35 million, thereby making more projects eligible. |
Climate
New competitive grant programs and state sub-allocation requirements for counties to address climate change would be created.
Charging and Fueling Infrastructure Grants$2.5 billion over five years |
Counties can apply directly to USDOT for funds to carry out eligible projects that promote the deployment of infrastructure for EVs and hydrogen, propane and natural gas in designated areas. Propane refueling infrastructure is restricted to medium and heavy-duty vehicles. Fifty percent of total program funds will be distributed annually through Community Grants for the installation of EV and alternative fueling infrastructure on public roads, schools and in other publicly accessible locations. Rural areas, low- and middle-income neighborhoods, and communities with either limited parking or a high number of multiunit housing will be prioritized for awards. The federal cost share will be 80 percent, with an additional requirement that – as a condition of contracting with an eligible entity to carry out a project under this section – a private entity is responsible for the local match. |
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Reduction of Truck Emissions at Port Facilities$250 million over five years |
Counties can apply to USDOT to carry out projects that reduce port emissions, including the advancement of port electrification at an 80 percent federal cost share. USDOT will be required to issue a Notice of Funding Opportunity to solicit applications by no later than April 1 each year. TOTAL FUNDING OVER FIVE YEARS
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Carbon Reduction Formula Program$6.42 billion over five years |
A state is required to sub-allocate 65 percent of funds apportioned for this purpose on a per-capita basis to counties and other local governments in the same way STBGP funds are distributed. Eligible projects include public transit projects, trails and other projects to facilitate non-motorized users of the road, the replacement of streetlights with energy-efficient alternatives, purchase or lease of zero-emissions construction equipment, among several others. For areas of 50,000 or more, a state is required to provide obligation authority (OA). When obligation authority is provided alongside contract authority, the entity in receipt of OA is able to obligate – or spend – the funds designated for their area, versus OA remaining with the state and the state retaining control over project selection. |
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PROTECT Grant Program$8.7 billion over five years ($1.4 billion competitive) |
In addition to a formula component, the new Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program will provide competitive grants, through contract authority from the Highway Trust Fund, that counties can apply for directly through USDOT to carry out projects, including:
The program creates four subgrants to distribute the funds:
The federal cost share ranges from 80 to 100 percent for various projects eligible under this section. There are also opportunities to reduce the local match requirements by meeting a voluntary resiliency planning requirement. |
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Healthy Streets Program$500 million over five years |
Counties can apply directly to USDOT for this discretionary grant program to install cool and/or porous pavements or to expand tree cover with the goal of reducing urban heat centers and improving air quality. Priority will be given to applicants who:
The federal cost share for this program is 80 percent, with a waiver of up to 100 percent available at the discretion of USDOT. |
Rail
Establishes a new competitive grant program for infrastructure "mega projects"$10 billion over five years |
Counties can apply directly to USDOT for a new competitive program to provide single or multi-year grants at $2 billion annually over five years to carry out expensive, complex projects, referred to as "mega projects", that have the potential to generate national or regional economic mobility or safety benefits. Other federal assistance could be used to meet local match requirements, not to exceed a maximum of 80 percent federal share. Eligible projects include:
Additionally, to be eligible, project costs must reasonably be projected to either:
Certain projects can also be bundled. Eligible project costs include:
USDOT is required to ensure geographical diversity and a balance between rural and urban areas in project selections, with 50 percent of the funding reserved for projects between $100 million and $500 million. Should a project not be selected, the applicant can request technical assistance. TOTAL FUNDING OVER FIVE YEARS
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Creates a new competitive grant program to eliminate at-grade rail crossings$2.5 billion over five years |
Counties can apply directly to USDOT for these competitive grants, at an 80 percent federal cost share, to meet the following goals of:
$500 million will be provided annually for eligible projects, including:
At least 25 percent of funds set aside for planning projects in a FY must be awarded to projects in rural areas or on tribal lands. At least five percent of total grant funding is reserved for projects in counties with 20 or fewer residents per square mile. TOTAL FUNDING OVER FIVE YEARS
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Authorizes direct, flexible grant program (formerly BUILD/TIGER) for the first time$7.5 billion over five years |
The Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program is now an authorized program for the first time. This flexible, competitive grant program – formerly named both BUILD and TIGER by previous administrations – is widely utilized by counties to carry out a variety of eligible infrastructure projects at an 80 percent federal share. The share may be increased at the discretion of USDOT for projects in rural, historically disadvantaged or persistent poverty areas. Similar to current law, surface transportation projects with significant local or regional impacts are eligible, now including projects to replace and rehabilitate culverts or prevent stormwater runoff. Grant award amounts are limited to $25 million and can be no less than $5 million for urbanized areas and no less than $1 million for rural areas. The 50/50 geographical split for urban-rural project selections remain. USDOT must publish a Notice of Funding Opportunity (NOFO) for the next round of RAISE awards no later than 270 days following the date that FY 2022 appropriations are made available, the timing of which is currently unclear. USDOT has jurisdiction over the NOFO's award criteria. TOTAL FUNDING OVER FIVE YEARS
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Establishes a new culvert removal, replacement and restoration grant program$4 billion over five years |
Counties can apply directly to USDOT for a new competitive grant program to carry out eligible projects that replace, remove or repair culverts that would improve or restore fish passage for certain fish, with a priority given those species who are endangered or at risk of becoming endangered, or projects that address fresh-water runoff that impact certain marine life. USDOT is required to provide technical assistance to underserved communities. The section authorizes $800 million annually, with a federal share of no more than 80 percent. TOTAL FUNDING OVER FIVE YEARS
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Allows local public authorities to enter into multi-state freight compacts$25 million over five years |
Counties and other local public authorities, including ports, can enter into multi-state compacts to improve the movement of goods, including assembling rights-of-way and performing capital improvements. A compact could subsequently establish a multi-state advisory freight corridor advisory committee with state departments of transportation and other entities, including local governments. USDOT is required to establish a grant program to facilitate the efforts of these compacts within the first three years of their inception, authorized at $5 million annually over the life of the bill with a 50 percent non-federal match requirement. |
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Requires USDOT to establish an intergovernmental research group for freight |
USDOT is required to create a National Cooperative Freight Transportation Research Program to be administered in conjunction with the National Academy of Sciences (NAS). NAS will be required to establish an advisory committee with public and private stakeholders, including local governments and local public authorities, which will be tasked with recommending national research agenda for the program and developing a multi-year strategic plan. NACo will track the creation of this group and push for county inclusion. |
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Establishes a new rural assistance program through the Build America Bureau |
Counties located outside of an urbanized area with a population of more than 150,000 are eligible to apply directly to USDOT for a new Rural and Tribal Assistance Pilot Program. The program will provide financial, technical and legal assistance; assistance with development-phase activities; and information on innovative financing practices to rural and Tribal communities. It will sunset after five years. Funding, which will come from "any amount made available to the Secretary to provide credit assistance under an eligible program that is not otherwise obligated," will be authorized at no more than the following levels each year:
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Requires consultation with local governments to develop new routes |
Amtrak is required to consult with states, local governments including counties, relevant commuter and regional transportation authorities, host railroads, the FRA and other stakeholders on the development of new state-supported routes. |
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Creates new reporting requirements for some public transit agencies |
A public transit entity that owns infrastructure used for intercity rail passengers in the Northeast Corridor (NEC) is required to develop an asset management system to inform Amtrak's NEC capital investment program. |
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Expands eligibilities under the Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program$5 billion over five years354.5% increase from FAST Act |
CRISI program eligibilities are expanded to include eligibilities for the following:
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Extends Restoration and Enhancement grant program project timelines$250 million over five years |
The amount of time the FRA Restoration and Enhancement grant program can provide funds to support a route is extended from three to six years.
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Reforms and renames the Federal-State Partnership for State of Good Repair grant program$7.5 billion over five years150% increase over FAST Act |
The FRA Federal-State Partnership for State of Good Repair is renamed as the Federal-State Partnership for Intercity Passenger Rail grant program and project eligibilities are expanded to allow for new capacity, including by:
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Establishes a new Corridor Identification and Implementation program |
A new Corridor Identification and Development Program will be established to facilitate the development of intercity passenger rail corridors. Counties are eligible to submit corridor proposals. |
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Requires an evaluation of the Railway-Highway Crossings program |
USDOT is required to evaluate the requirements of the railway-highway crossings program and whether the structure of the program provides sufficient incentives and resources to states and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths, among other goals. |
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Establishes a blocked crossing portal pilot program |
The FRA is required to establish a blocked crossing portal to collect information about blocked highway-rail grade crossings from the public in order to identify frequent and long-duration blocked highway-rail grade crossings; conduct outreach to communities, emergency responders and railroads; support collaboration in the prevention of incidents at highway-rail grade crossings, and assess the impacts of blocked crossings. The program will last for three years.
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Establishes a new Safe Streets and Roads for All grant program$1 billion over five years |
Counties can apply directly to USDOT for competitive awards to support and implement local safety initiatives to prevent death and serious injury on roads and streets, known as Vision Zero and Toward Zero Deaths national strategies. $200 million is authorized annually to carry out the program; however, the appropriations portion of the bill will provide $1 billion annually. TOTAL FUNDING OVER FIVE YEARS
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Requires evaluation and improvement of local infrastructure data analysis tools |
The Bureau of Transportation Statistics (BTS) is directed to perform outreach to state and local planning and infrastructure decision-making officials to determine the data analysis tools needed to assist local communities in making infrastructure decisions. Based on the outreach, BTS will be required to create a plan for reviewing and updating existing data analysis tools and developing any new tools necessary to assist local communities in making infrastructure investments. |
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Establishes a new Strengthening Mobility and Revolutionizing Transportation (SMART) grant program$500 million over five years |
Counties can apply directly to USDOT for competitive awards to carry out demonstration projects focused on smart community technologies and systems, including those focused on:
Both development and construction phase activities are eligible costs. Certain restrictions apply, including:
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Establishes a new intergovernmental working group for electric vehicles (EVs) |
USDOT, in conjunction with the U.S. Department of Energy, is required to establish an EV working group tasked with making recommendations regarding the "development, adoption, and integration of light-, medium-, and heavy-duty EVs into the transportation and energy systems of the U.S." An organization representing local governments, such as NACo, will be among other required members of the group. |
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Establishes a risk and system resilience assessment intergovernmental process |
USDOT is required to work with federal, state and local agencies to develop a process for quantifying annual risk in order to increase system resilience within the nation's surface transportation system. USDOT will be instructed to provide guidance and technical assistance to state and local agencies on the process. |
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Authorizes the use of local hiring preference in federally funded infrastructure projects |
Federal transportation grant recipients, including counties, are authorized to implement a local hiring preference, including through pre-hire agreements. |
Public Transit
Authorizes Highway Trust Fund (HTF) contract authority for mass transit for FY 2022 through FY 2026$69.9 billion over five years43.5% increase over FAST Act |
Contract authority from the mass transit account of the trust fund is authorized at the following levels over five fiscal years to fund transit formula grant programs:
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Makes changes to the Capital Investment Grant (CIG) program$15 billion over five years30.3% increase over FAST Act |
The law makes several changes to the program, including:
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Provides supplemental appropriations for certain Transit Infrastructure Grants$10.25 billion over five years |
The BIL makes supplemental appropriations in equal amounts over the life of the law to three FTA transit formula grant programs:
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Increases rural set-aside for bus grants |
The Buses and Bus Facilities competitive grant set aside for rural projects is raised from 10 to 15 percent. 25 percent of the competitive funding must also go to projects related to the acquisition of low or no emission buses or bus facilities rather than zero-emission vehicles and facilities. Further, recipients of grants related to zero-emissions vehicles or related infrastructure are required to use at least 5 percent of their award to fund workforce development training to address the impact of the transition to zero-emission vehicles. |
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New requirements for federal transit fund recipients established |
URBANIZED AREA FORMULA GRANTS (5307)Section 5307 recipients serving an urbanized area with a population of 200,000 or more are now required to include in their comprehensive agency safety plan a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers. It also requires that a joint labor-management safety committee be formed to approve the safety plan. PUBLIC TRANSPORTATION EMERGENCY RELIEF (PTER)PTER applicants, including counties, are required to demonstrate proof of all necessary and required insurance coverage prior to receiving a grant. TRANSIT SAFETYRecipients of federal funding provided by the Federal Transit Administration (FTA) are required to report additional data for inclusion in the National Transit Database, including data on assaults of transit workers and bus-related fatalities. |
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New All Stations Accessibility program established$1.75 billion over five years
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Counties with legacy rail stations that are inaccessible can apply directly to USDOT for these competitive grants to carry out capital projects to upgrade access for rail fixed guideway public transit systems for people with disabilities. |
Funding & Financing
Authorizes general fund transfer to bail out the Highway Trust Fund |
The trust fund, which is facing imminent insolvency, will receive a transfer from the U.S. Treasury's general fund in the amount of $118 billion, including $90 billion for the highway account and $28 billion for the mass transit account. Shortfalls in the Highway Trust Fund: Ratio of Authorization Levels to General Fund Transfers (2005–2011)![]()
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Raises the cap on Private Activity Bonds |
The cap is increased from $15 billion to $30 billion, allowing counties to enter into additional public-private partnerships to supplement future surface transportation projects with private investments, which ultimately supports broader community and economic development. |
Makes amendments to the TIFIA program |
Several changes include:
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Makes local governments eligible for the Surface Transportation System Funding Alternatives Program |
Counties can apply directly to USDOT for funds to carry out eligible activities, including testing the design and equity of implementing an alternative user fee among income groups and rural and urban drivers and other activities associated with transitioning away from the federal gas tax. The federal cost share will be 80 percent for entities who have not received a previous grant under the program and 70 percent for those who have. |
Airports
Establishes new Airport Infrastructure Grant Program$15 billion over five years |
Counties who are eligible for Airport Improvement Program grants are eligible for these funds. $3 billion will be provided annually over FY 2022 through FY 2026 from the general fund of the U.S. Treasury and remain available for the following four years after the year in which it is provided. Funding will be distributed annually in the following ways:
The bill also clarifies that no funding provided by the program can go toward debt service. |
Creates new "groundside" competitive grant program for airport improvements$5 billion over five years |
The new program provides $1 billion annually for competitive awards to carry out eligible projects to improve the aging infrastructure of airport terminals, which will be confined to:
No more than 55 percent for large hubs, 15 percent for medium hubs; 20 percent for small hubs; and 10 percent for nonprimary airports could be awarded annually. The federal cost share of a project will be 80 percent for large and medium-size airports and 95 percent for small and nonprimary airports. Projects that would increase access and capacity will be prioritized. |
Ports
Increases funding for the Port Infrastructure Development Program$2.25 billion over five years |
$450 million will be provided annually over FY 2022 through FY 2026 from the general fund of the U.S. Treasury and remain available for the following ten years after the year in which it was provided. Newly eligible projects include:
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Energy & Environment |
Creates a new competitive grant program to enhance the resilience of the electric grid$5 billion over five years |
Counties that serve as the local electric grid operator, electric storage operator, electric generator, transmission Tower or operator, distribution provider or fuel supplier are eligible to apply for the program. USDOE would make competitive awards to carry out a variety of eligible activities to reduce the likelihood and consequence of impacts to the electric grid due to extreme weather, wildfire and natural disaster. |
Authorizes funding for the Weatherization Assistance Program$3.5 billion in FY 2022 |
Funds will remain available until expended for eligible projects that reduce energy costs for low-income households by improving energy efficiency. Counties are eligible to apply directly to the program. |
Creates a new Carbon Utilization Grant Program$310.14 million over five years |
State and local governments are eligible for new grants to procure and use products derived from captured carbon oxides. It expands the U.S. Department of Energy (USDOE) Carbon Utilization Program objectives to include developing standards and certifications to support the commercialization of carbon oxide products. Funding is authorized at the following levels:
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Creates a new competitive grant program for modernizing energy infrastructure$3 billion over five years |
Counties can apply directly to USDOE for the new Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program to carry out demonstration projects focusing on advancing smart community technologies. Selection criteria includes the extent to which an entity has:
Eligible projects include:
Certain projects will be prioritized. At the request of an applicant, USDOE will provide technical assistance. Finally, a successful applicant will be required to submit to USDOE two years after the date of award a report containing a benefit-cost analysis assessing the cost of deploying the project to the compared benefits, as well as the data supporting how an entity is meeting the project goals. |
Establishes a Carbon Dioxide Transportation Infrastructure Finance and Innovation (CIFIA) Program$2.1 billion over five years |
$600 million is authorized annually in FY 2022 and FY 2023 and $300 million in each FY 2024 through FY 2026 to establish a CIFIA loan program that will provide flexible, low-interest loans for carbon dioxide transportation infrastructure projects and grants for new infrastructure to facilitate future growth.
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Addresses needs of transmissions lines |
New revolving loan fund | $2.5 billion over five yearsUSDOE can issue loans to or enter into public-private partnerships with counties and other eligible entities to carry out replacement or enhancement projects on eligible transmission lines. New Transmission Facilitation Program | $50 million over five yearsCounties can apply directly to USDOE for these competitive funds to carry out eligible projects, including:
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Makes grants to state and local governments for battery processing$3 billion over five years |
Counties can apply directly to USDOE for these competitive grant funds that will remain available until expended to carry out eligible projects, including:
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Enhances energy efficiency in public schools$500 million over five years |
Local education agencies and public schools are eligible to apply to USDOE for competitive grants to carry out eligible activities, including:
A successful applicant will be required to, upon request of USDOE, submit a report describing how the funds were used, estimated cost-saving, metrics and other requirements outlined in the BIL. |
Expands Energy Efficiency and Conservation Block Grant Program eligibilities$550 million in FY 2022 |
Funds will remain available until expended. New eligibilities include:
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Provides resources for county-owned or -operated hydroelectric facilities$628.6 million in FY 2022 |
Hydroelectric efficiency improvement incentives: $75 million is authorized in FY 2022 for hydroelectric efficiency improvement incentives. Counties that own or operate a turbine or other generating device which generates hydroelectric energy for sale that will be added to an existing dam or conduit are eligible for these funds. Hydroelectric capital improvement incentives: $553.6 million is authorized in FY 2022 for incentive payments to the owners and operators of hydroelectric facilities for capital improvements related to maintaining and enhancing hydroelectricity generation by improvising grid resiliency, improving dam safety, and environmental improvements. Counties that are the owners or operators of hydroelectric facilities at existing dams are eligible for these payments to make the capital improvements. |
Funds Brownfields restoration projects$1.2 billion over five years |
The funds can be used to carry out Brownfields projects authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This CERCLA funding will be available in grants, interagency agreements and associated program support costs. Counties are eligible to apply for multipurpose grants, assessment grants, revolving loan fund grants, cleanup and job training grants, technical assistance, training and research grants under CERCLA.
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Public Lands & Western Water Storage |
Extends the Secure Rural Schools (SRS) program for three years |
The annual 5 percent funding reduction will end, and funding will increase for the next three years to FY 2017 levels, resulting in an increase of approximately $60 million per year compared to FY 2020 payments. A new Resource Advisory Committee (RAC) appointment pilot program is established that will allow the U.S. Forest Service Chief or the Bureau of Land Management (BLM) Director to present the Secretaries of Agriculture or Interior with recommended RAC members. The Secretaries will have 30 days to confirm or reject the appointees, who will be automatically appointed if no action is taken within that 30-day period. This is similar to an existing pilot program that allows regional foresters and BLM state directors only in Arizona and Montana to appoint RAC members, which has cut down on waiting periods from two years to a few weeks in most instances. Title III funds can be used for expanding broadband access in schools, which will be key to improving educational quality in rural areas. |
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Provides resources for wildfire risk mitigation$5.5 billion over five years |
$3.4 billion will be directed to the U.S. Forest Service and the U.S. Department of the Interior to reduce the threat of wildfire on federal lands through mechanical thinning, timber harvests, prescribed burns, community wildfire protection grants and collaborative led projects. Agencies will have to come up with a plan to treat 10 million acres of forestland by 2027 for wildfire risk reduction within the Wildland-Urban Interface and near critical drinking water sources. The law creates a new categorical exclusion for forest management activities to establish fuel breaks to protect critical infrastructure from wildfire, including roads, water infrastructure, pipelines and transmission lines. An additional $2.1 billion is provided for ecosystem restoration through Good Neighbor Agreements, invasive species eradication, cross-boundary management projects and stewardship contracts. Finally, the U.S. Department of Agriculture will have the authority to determine when an emergency situation exists on the national forests, which will allow for expanded forest management activities, such as harvesting dead or dying trees and post-fire reforestation, to be conducted on the National Forest System to meet the emergency threat. |
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Addresses U.S. Forest Service Legacy Roads and Trails$250 million over five years |
A new Forest Service Legacy Roads and Trails program is established to prioritize maintenance of authorized roads and trails within the National Forest System. Additionally, the Forest Service will be allowed to decommission existing and previously closed roads and trails after proposed closures have undergone public comment, and the agency ensures closures do not impede resource, recreational or emergency access. The Forest Service will also be able to close some unauthorized user-created roads and trails not identified on agency maps, which may create conflict with users, local governments and other interested parties. |
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Invests in western water infrastructure, expands eligible uses of American Rescue Plan county relief funds |
Counties and other entities that can demonstrate a need for a project that is technically and financially feasible, is in compliance with applicable laws and guidelines, and provides a federal benefit will be eligible to apply for $100 million in competitive grant funds for small water storage and groundwater storage projects. The law allows counties to use aid from the American Rescue Plan Act to satisfy the non-federal match requirement for Bureau of Reclamation projects.
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Drinking Water & Wastewater |
The bill uses S. 914, the Drinking Water and Wastewater Infrastructure Act of 2021, as a framework for the water infrastructure provisions. The primary differences between S. 914 and the Infrastructure Investment and Jobs Act revolve around lead service lines, emerging contaminants and PFAS.
View NACo's DWWIA analysis here.
Amends state revolving loan funds for water$29.3 billion over five years |
Counties are eligible for grants under both state revolving funds (SRFs). Investments levels for both the drinking water and clean water SRFs are authorized at the following levels:
Drinking Water State Revolving Fund: The minimum percentage of funds that must go to disadvantaged communities would increase from 6 percent to 12 percent. Buy America requirements will apply to any upgrades made with these funds. Clean Water State Revolving Fund (CWSRF): To the extent there are sufficient applications, a state will be required to use a minimum of 10 percent of CWSRF for grants, negative interest loans, and loan forgiveness, or to buy, refinance or restructure debt for disadvantaged communities as determined by the state. The amount for additional subsidies cannot exceed 30 percent. |
Addresses water contaminants |
Capitalization grants | $15 billion over five years Forty-nine percent of funds provided to states for capitalization grants will be made available through grants to counties and other local governments to address lead in drinking water by replacing service lines and carrying out associated activities that are directly connected to identifying, planning, designing, and replacing lead service lines. Emerging contaminants | $1 billion over five years Funding to address emerging contaminants will be deposited into the state revolving fund and would be provided to eligible recipients as loans with 100 percent forgiveness or as grants. PFAS | $4 billion over five years Additional funding is provided to further address emerging contaminants in drinking water, with a focus on perfluoroalkyl and polyfluoroalkyl substances (PFAS). This funding will provided to eligible recipients as loans with 100 percent forgiveness or as loans. |
Broadband |
Makes grants to states for broadband deployment$42.45 billion in FY 2022 |
The bill allocates $42.45 billion to the Broadband Equity, Access and Deployment Program, which will make grants to states. If a state fails to apply for funding, a local government could apply on their behalf.
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Creates new "middle mile" competitive grants to facilitate broadband deployment$1 billion over five years |
Counties can apply directly to the National Telecommunications and Information Administration (NTIA) for grants to construct, improve or acquire middle-mile infrastructure. Applications that connect middle mile and last mile networks or plan to provide service in unserved areas, among other criteria, will be prioritized.
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Extends the Emergency Broadband Benefit program |
The program will be renamed the "Affordable Connectivity Program," and the monthly benefit will be reduced from $50 to $30 for consumers. |
Creates a new competitive grant program for broadband$1.25 billion over five years |
A county is an eligible recipient of a subgrant, in addition to being eligible to serve as an "administering entity" for a state seeking funding under the newly established State Digital Equity Capacity Grant Program. In an administrator role, a county can do the following:
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Cybersecurity
Creates a new competitive grant program for cybersecurity$250 million over five years |
A rural electric cooperative or county-owned utility can apply directly to the USDOE for competitive grants and technical assistance, as well as to enter into cooperative agreements with other eligible entities to meet the program's goal of protecting and responding to cyber threats against electric utility systems. |
Establishes a new State and Local Cybersecurity grant program$1.3 billion over four years |
Counties are eligible for these funds as subgrantees of states following apportionments made to states by the U.S. Department of Homeland Security based on total population and rural population figures. No later than 45 days after a state received its apportionment, it will be required to obligate no less than 80 percent of grant funds to local governments. If a state fails to obligate the funds, a local government can petition DHS for direct funding. Twenty-five percent of the obligated funds are reserved for rural areas. DHS will be required to consult with local representatives in carrying out this program, which will sunset in FY 2025. |
Requires USDOT to create a cybersecurity tool for state and local public transportation authorities |
USDOT will be required to develop a tool and an office within the Department to assist public transportation agencies, an owner or operator of a highway, and manufacturers producing transportation-related products to protect against cyber incidents within two years of the bill's enactment. |
Resilience |
Amends the Stafford Act |
The Robert T. Stafford Disaster Relief and Emergency Assistance Act will be amended to expand eligibilities within the Hazard Mitigation Grant Program (HMGP) to include the replacement or installation of wildfire resilient electrical transmissions or utility poles. HMGP provides vital funding to counties following major disaster declarations to make resilience improvements. |
Establishes intergovernmental Commission on wildfire mitigation and prevention |
The Wildland Fire Mitigation and Management Commission will be made up of representatives from the Bureau of Land Management, FEMA, National Park Service, Fish and Wildfire Service and the Forest Service – to study and make recommendations to improve federal policies relating to the prevention, mitigation, suppression and management of wildland fires across the United States. The bill also specifically identifies counties as one of 18 non-federal stakeholders that will hold a place on the Commission. |
Fully funds the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act$500 million over five years |
The STORM Act will provide state and local governments with the ability to create resilience revolving loan funds for infrastructure projects.
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Funds the Building Resilient Infrastructure and Communities (BRIC) Program$1 billion over five years |
BRIC, which replaced the FEMA Pre-Disaster Mitigation Program, provides funding to states and local governments to strengthen the resilience of critical infrastructure, such as transportation, energy, water supply and communications.
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Funds Flood Mitigation Assistance Grants$3.5 billion over five years |
The competitive grant program provides funding to state and local governments for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. |
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