Connecticut State Department of Public Health

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Bipartisan Infrastructure Law

The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure and Investments and Jobs Act (IIJA), was signed by President Biden on November 15, 2021. The BIL will provide additional federal funding for eligible Drinking Water State Revolving Fund (DWSRF) infrastructure projects in Connecticut over five (5) federal fiscal years (Fiscal Years 2022 – 2026). In addition, the BIL included the Build America, Buy America Act (BABA). On March 8, 2022 the U.S. Environmental Protection Agency (EPA) released BIL implementation guidance for Clean and Drinking Water State Revolving Fund Programs. For the most up to date information on BIL, please visit EPA’s BIL website (see also other resources further on).

The BIL provides for three (3) additional DWSRF awards to states in each of Federal Fiscal Years 2022-2026:
  1. Supplemental Capitalization Award – an additional capitalization grant that can be used for any eligible DWSRF drinking water project
  2. Lead Service Line Replacement Award – a capitalization grant that can be used only for drinking water lead service line replacement (LSLR) projects including LSL inventories
  3. Emerging Contaminant Award – a capitalization grant that can be used only to address emerging contaminants in drinking water with a focus on poly and perfluoroalkyl substances (PFAS/PFOA)
The BIL funding will be incorporated into the existing DWSRF program. The annual Intended Use Plan (IUP) will include the BIL funds along with the annual DWSRF funding. The new federal BIL awards require a portion of the funding be used to subsidize loans for eligible drinking water infrastructure projects. Disadvantaged communities are a priority under BIL funding to ensure equitable access to SRF funding, including subsidy. The method for determining qualification and levels of subsidy that will be available to DWSRF loan applicants for their specific projects will be published in the annual Draft IUP. The Draft IUP will be made available for a minimum 30-day public review and comment period which will be followed by a public hearing to receive testimony on it before it is finalized.

Who can apply for BIL Funding? Only Community and Non-Profit Non-Community Public Water Systems are eligible for BIL funding. This is the same eligibility as it is for the DPH’s base DWSRF Program.

Application Process: Eligible public water systems may submit DWSRF eligibility applications for funding requests during our annual DWSRF Call for Projects. Applications may also be submitted at any time of the year. Those received outside of the annual call for projects will be periodically added to the IUP via an amendment, as explained in the IUP. The DPH will determine which projects will be eligible to receive funding from these new federal awards based on EPA's guidance on eligibility requirements.

NEW Requirements for the DWSRF:

Build America Buy America: Division G of the BIL includes a Build America, Buy America Act (BABA) provision that will expand the current American Iron and Steel provisions within the DWSRF and include a domestic preference requirement for “manufactured goods”. The new BABA requirement became effective May 14, 2022, and will apply to all DWSRF funding from that point forward, unless a project qualifies for a waiver or one is specifically granted. The federal Office of Management and Budget (OMB) issued Guidance on Implementing BABA on April 18, 2022. EPA issued the BABA Implementation Procedures Memo on November 3, 2022 to provide further guidance. For additional information on BABA, please visit:

Justice40: The DWSRF is a pilot program for the federal Justice40 initiative. The goal of this initiative is to deliver at least 40% of the benefits of federal investments to disadvantaged communities. OMB and EPA are currently preparing guidance for states on this initiative, and it may require states to update their Disadvantaged Community Assistance Programs (DCAP) for consistency with Justice40. Connecticut’s DCAP for the DWSRF is provided as an attachment in our annual DWSRF IUP.

Links to Additional Information:

DPH Circular Letter 2022-03 - Bipartisan Infrastructure Law (BIL) Funding for State Drinking Water State Revolving Fund (DWSRF) Programs

DPH Circular Letter 2022-17 - Environmental Protection Agency issues Bipartisan Infrastructure Law (BIL) Implementation Memo and Fact Sheet
H.R. 3684 Infrastructure Investment and Jobs Act (full text)

Association of State Drinking Water Administrators (ASDWA) Summary of BIL

Council of Infrastructure Finance Authority’s (CIFA) Summary of BIL