ASDWA Provides Support for EPA’s Build America, Buy America Waiver for WIFIA Projects with Design Already Underway

Today (May 20), ASDWA submitted comments to EPA on a waiver for the requirements under Build America, Buy America (BABA). The Agency proposed to waive BABA requirements for Water Infrastructure Finance and Innovation Act (WIFIA) borrowers that initiated project design plans prior to May 14, 2022 – the day that BABA went into effect. ASDWA’s comments support the waiver and provide additional recommendations for the Agency, including:
  • Providing additional waivers for BABA requirements, in limited circumstances, for the BIL funds moving through the drinking water state revolving fund (DWSRF) programs and consider using a population cutoff for projects to qualify.
  • Provide a more explicit explanation as to what funds must comply with the BABA requirements.
  • Consider using similar waivers for the Davis-Bacon (DB) Act requirements.
ASDWA’s letter stresses that the Association “believes in the principles of BABA and DB; however, these requirements make the DWSRF process insurmountable for many small systems that need the funding the most.”