Sec. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM

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## SEC. 1511 STATE INFRASTRUCTURE BANK PILOT PROGRAM ###

(a)Definitions In this section: ####

(1)Other assistance The term “**other assistance**” includes any use of funds in an infrastructure bank— #####

(A)to provide credit enhancements; #####

(B)to serve as a capital reserve for bond or debt instrument financing; #####

(C)to subsidize interest rates; #####

(D)to ensure the issuance of letters of credit and credit instruments; #####

(E)to finance purchase and lease agreements with respect to transit projects; #####

(F)to provide bond or debt financing instrument security; and #####

(G)to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which the assistance is being provided. ####

(2)State The term “**State**” has the meaning given the term under section 401 of title 23, United States Code. ###

(b)Cooperative Agreements ####

(1)In general #####

(A)Purpose of agreements Subject to this section, the Secretary may enter into cooperative agreements with the States of California, Florida, Missouri, and Rhode Island, and Texas for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section, provided that Texas may not compete for funds previously allocated or appropriated to any other State. #####

(B)Contents of agreements Each cooperative agreement shall specify procedures and guidelines for establishing, operating, and providing assistance from the infrastructure bank. ####

(2)Interstate compacts If 2 or more States enter into a cooperative agreement under paragraph

(1)with the Secretary for the establishment of a multistate infrastructure bank, Congress grants consent to those States to enter into an interstate compact establishing the bank in accordance with this section. ###

(c)Funding ####

(1)Contribution Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (h)(1), a State that enters into a cooperative agreement under this section to contribute to the infrastructure bank established by the State not to exceed— #####

(A)######

(i)the total amount of funds apportioned to the State under each of paragraphs (1), (3), and

(4)of section 104(b) and section 144 of title 23, United States Code, excluding funds set aside under paragraphs

(1)and

(2)of section 133(d) of such title; and ######

(ii)the total amount of funds allocated to the State under section 105 of such title; #####

(B)the total amount of funds made available to the State or other Federal transit grant recipient for capital projects (as defined in section 5302 of title 49, United States Code) under sections 5307, 5309, and 5311 of such title; and #####

(C)the total amount of funds made available to the State under subtitle V of title 49, United States Code. ####

(2)Capitalization grant For the purposes of this section, Federal funds contributed to the infrastructure bank under this subsection shall constitute a capitalization grant for the infrastructure bank. ####

(3)Special rule for urbanized areas of over 200,000 Funds that are apportioned or allocated to a State under section 104(b)(3) of title 23, United States Code, and attributed to urbanized areas of a State with a population of over 200,000 individuals under section 133(d)(2) of such title may be used to provide assistance from an infrastructure bank under this section with respect to a project only if the metropolitan planning organization designated for the area concurs, in writing, with the provision of the assistance. ###

(d)Forms of Assistance From Infrastructure Banks ####

(1)In general An infrastructure bank established under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. ####

(2)Subordination of loans The amount of any loan or other assistance provided for the project may be subordinated to any other debt financing for the project. ####

(3)Initial assistance Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section shall not be made in the form of a grant. ###

(e)Qualifying Projects ####

(1)In general Subject to paragraph (2), funds in an infrastructure bank established under this section may be used only to provide assistance with respect to projects eligible for assistance under title 23, United States Code, for capital projects (as defined in section 5302 of title 49, United States Code), or for any other project related to surface transportation that the Secretary determines to be appropriate. ####

(2)Interstate funds Funds contributed to an infrastructure bank from funds apportioned to a State under section 104(b)(4) of title 23, United States Code, may be used only to provide assistance with respect to projects eligible for assistance under such paragraph. ####

(3)Rail program funds Funds contributed to an infrastructure bank from funds made available to a State under subtitle V of title 49, United States Code, shall be used in a manner consistent with any project description specified under the law making the funds available to the State. ###

(f)Infrastructure Bank Requirements ####

(1)In general Subject to paragraph (2), in order to establish an infrastructure bank under this section, each State establishing such a bank shall— #####

(A)contribute, at a minimum, to the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (c), except that if the State has a higher Federal share payable under section 120(b) of title 23, United States Code, the State shall be required to contribute only an amount commensurate with the higher Federal share; #####

(B)ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances and its ability to pay claims under credit enhancement programs of the bank; #####

(C)ensure that investment income generated by funds contributed to the bank will be— ######

(i)credited to the bank; ######

(ii)available for use in providing loans and other assistance to projects eligible for assistance from the bank; and ######

(iii)invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; #####

(D)ensure that any loan from the bank will bear interest at or below market rates, as determined by the State, to make the project that is the subject of the loan feasible; #####

(E)ensure that repayment of the loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later; #####

(F)ensure that the term for repaying any loan will not exceed the lesser of— ######

(i)35 years after the date of the first payment on the loan under subparagraph (E); or ######

(ii)the useful life of the investment; and #####

(G)require the bank to make a biennial report to the Secretary and to make such other reports as the Secretary may require in guidelines. ####

(2)Waivers by the secretary The Secretary may waive a requirement of any of subparagraphs

(C)through

(G)of paragraph

(1)with respect to an infrastructure bank if the Secretary determines that the waiver is consistent with the objectives of this section. ###

(g)Limitation on Repayments Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited toward the non-Federal share of the cost of any project. ###

(h)Secretarial Requirements In administering this section, the Secretary shall— ####

(1)ensure that Federal disbursements shall be at an annual rate of not more than 20 percent of the amount designated by the State for State infrastructure bank capitalization under subsection (c)(1), except that the Secretary may disburse funds to a State in an amount needed to finance a specific project; and ####

(2)revise cooperative agreements entered into with States under section 350 of the National Highway System Designation Act of 1995 (Public Law 104–59) to comply with this section. ###

(i)Applicability of Federal Law ####

(1)In general The requirements of titles 23 and 49, United States Code, that would otherwise apply to funds made available under such title and projects assisted with those funds shall apply to— #####

(A)funds made available under such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (f); and #####

(B)projects assisted by the bank through the use of the funds; except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of title 23 and section 5333 of title 49), is not consistent with the objectives of this section. ####

(2)Repayments The requirements of titles 23 and 49, United States Code, shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds. ##### United States Not Obligated ####

(1)In general The contribution of Federal funds to an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party. No third party shall have any right against the United States for payment solely by virtue of the contribution. ####

(2)Statement Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. ###

(k)Management of Federal Funds Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. ###

(l)Program Administration ####

(1)In general A State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. ####

(2)Non-federal funds The limitation described in paragraph

(1)shall not apply to non-Federal funds. ## Subtitle F High Priority Projects * * * * * * *

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Pub. L. 104-59

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Sec. 1511

STATE INFRASTRUCTURE BANK PILOT PROGRAM

Pub. L.Pub. L. 104-59

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