,,ii #aacth ,,congress #ast ,session ,s4 #eff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjac ,mr4 ,durbin 7for himself and ,mr4 ,kirk7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish a pilot program to evaluate the cost-effectiveness of allowing non-,federal interests to carry out certain water infrastructure projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,water ,infrastructure ,now ,public-,private ,partnership ,act or the ,,win ,p#c ,act4 #b4 ,findings ,congress finds that-- 7#a7 investment in water infrastructure is critical to protecting property and personal safety through flood1 hurricane1 and storm damage reduction activities2 7#b7 investment in infrastructure on the inland waterways of the ,united ,states is critical to the economy of the ,united ,states through the maintenance of safe1 reliable1 and efficient navigation for recreation and the movement of billions of dollars in goods each year2 7#c7 fiscal challenges facing ,federal1 ,state1 local1 and tribal governments require new and innovative financing structures to continue robust investment in public water infrastructure2 7#d7 under existing fiscal restraints and project delivery processes1 large-scale water infrastructure projects like the lock and dam modernization on the upper ,mississippi ,river and ,illinois ,river will take decades to complete1 with benefits for the lock modernization not expected to be realized until #bjdg2 7#e7 the ,corps of ,engineers has an estimated backlog of more than #fj1jjj1jjj1jjj in outstanding projects2 and 7#f7 in developing innovative financing options for water infrastructure projects1 any prior public investment in projects must be protected4 #c4 ,water infrastructure now pilot program 7a7 ,in general ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-,federal interests to carry out authorized flood damage reduction1 hurricane and storm damage reduction1 and navigation projects4 7b7 ,purposes ,the purposes of the pilot program are-- 7#a7 to identify project delivery and cost-saving alternatives that reduce the backlog of authorized ,corps of ,engineers projects2 7#b7 to evaluate the technical1 financial1 and organizational efficiencies of a non-,federal interest carrying out the design1 execution1 management1 and construction of #a or more projects2 and 7#c7 to evaluate alternatives for the decentralization of the project planning1 management1 and operational decision-making processes of the ,corps of ,engineers4 7c7 ,administration 7#a7 ,in general ,in carrying out the pilot program1 the ,secretary shall-- 7,a7 identify a total of not more than #ae flood damage reduction1 hurricane and storm damage reduction1 and navigation projects1 including levees1 floodwalls1 flood control channels1 water control structures1 and navigation locks and channels1 authorized for construction2 7,b7 notify the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives upon the identification of each project under the pilot program2 7,c7 in consultation with the non-,federal interest1 develop a detailed project management plan for each identified project that outlines the scope1 budget1 design1 and construction resource requirements necessary for the non-,federal interest to execute the project1 or a separable element of the project2 7,d7 on the request of the non-,federal interest1 enter into a project partnership agreement with the non-,federal interest for the non-,federal interest to provide full project management control for construction of the project1 or a separable element of the project1 in accordance with plans approved by the ,secretary2 7,e7 following execution of the project partnership agreement1 transfer to the non-,federal interest to carry out construction of the project1 or a separable element of the project-- 7i7 if applicable1 the balance of the unobligated amounts appropriated for the project1 except that the ,secretary shall retain sufficient amounts for the ,corps of ,engineers to carry out any responsibilities of the ,corps of ,engineers relating to the project and pilot program2 and 7ii7 additional amounts1 as determined by the ,secretary1 from amounts made available under section #e1 except that the total amount transferred to the non-,federal interest shall not exceed the estimate of the ,federal share of the cost of construction1 including any required design2 and 7,f7 regularly monitor and audit each project being constructed by a non-,federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the ,secretary and that the construction costs are reasonable4 7#b7 ,restrictions ,of the projects identified by the ,secretary-- 7,a7 not more than #ab projects shall-- 7i7 have received ,federal funds and experienced delays or missed scheduled deadlines in the #e fiscal years prior to the date of enactment of this ,act2 or 7ii7 for more than #b consecutive fiscal years1 have an unobligated funding balance for that project in the ,corps of ,engineers construction account2 and 7,b7 not more than #c projects shall-- 7i7 have not received ,federal funding for recapitalization and modernization in the period beginning on the date on which the project was authorized and ending on the date of enactment of this ,act2 and 7ii7 be1 in the determination of the ,secretary1 significant to the national economy as a result of the impact the project would have on the national transportation of goods4 7#c7 ,technical assistance ,on the request of a non-,federal interest1 the ,secretary may provide technical assistance to the non-,federal interest1 if the non-,federal interest contracts with the ,secretary for the technical assistance and compensates the ,secretary for the technical assistance1 relating to-- 7,a7 any study1 engineering activity1 and design activity for construction carried out by the non-,federal interest under this section2 and 7,b7 obtaining any permits necessary for the project4 7#d7 ,waivers 7,a7 ,in general ,for any project included in the pilot program1 the ,secretary may waive or modify any applicable ,federal regulations for that project if the ,secretary determines that such a waiver would provide public and financial benefits1 including expediting project delivery and enhancing efficiency while maintaining safety4 7,b7 ,notification ,the ,secretary shall notify the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives each time the ,secretary issues a waiver or modification under subparagraph 7,a74 7d7 ,public benefit study 7#a7 ,in general ,before entering into a project partnership agreement under this section1 the ,secretary shall enter into an arrangement with an independent third party to conduct an assessment of whether1 and provide justification that1 the proposed partnership agreement would represent a better public and financial benefit than a similar transaction using public funding or financing4 7#b7 ,contents ,the study under paragraph 7#a7 shall-- 7,a7 be completed by the third party in a timely manner and in a period of not more than #ij days2 7,b7 take into consideration any supporting materials and data submitted by the ,secretary1 the nongovernmental party to the proposed project partnership agreement1 and other stakeholders2 and 7,c7 recommend whether the project partnership agreement will be in the public interest by determining whether the agreement will provide public and financial benefits1 including expedited project delivery and savings to taxpayers4 7e7 ,cost share ,nothing in this ,act affects the cost-sharing requirement applicable on the day before the date of enactment of this ,act to a project carried out under this ,act4 7f7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report detailing the results of the pilot program carried out under this section1 including any recommendations of the ,secretary concerning whether the program or any component of the program should be implemented on a national basis4 7#b7 ,update ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an update of the report described in paragraph 7#a74 7g7 ,administration ,all laws 7including regulations7 that would apply to the ,secretary if the ,secretary were carrying out the project shall apply to a non-,federal interest carrying out a project under this ,act4 7h7 ,termination of authority ,the authority to commence a project under this ,act terminates on the date that is #e years after the date of enactment of this ,act4 #d4 ,applicability ,nothing in this ,act authorizes or permits the privatization of any ,federal asset4 #e4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this ,act such sums as are necessary4