Unpacking the U.S. Bipartisan Infrastructure Framework: New Opportunities, Requirements, and Potential Liabilities

On November 5, 2021, the U.S. House of Representatives passed a bipartisan infrastructure bill which President Joe Biden hailed as a “monumental step forward as a nation” that he looked toward signing into law. An identical bill passed the Senate in August 2021. President Biden called the legislation a “blue-collar blueprint to rebuilding America.”

This core piece of President Biden’s domestic agenda, a 2,700+-page bill, provides significant funding for infrastructure improvements in surface transportation, energy, water, and broadband, among others. It imposes new and amends certain taxes and fees and rescinds past appropriations for COVID-19-related programs to help pay for new spending. Separately, in addition to funding projects and programs, the bill includes substantive provisions that change federal policy ranging from issuing new permits and licenses to streamlining permit application efforts to imposing new environmental and automotive safety standards and requisites to receive federal assistance.

This previous Sidley Update summarizes the provisions of the bill. It provides an overview of the new and expanded funding opportunities; new or revised permitting, leasing, and licensing opportunities and other property rights considerations; new or updated federal standards, reporting requirements, and requisites for funding; and new or amended tax liabilities and fees, and the rescission of the past appropriations for COVID-19-related programs.

Visit Sidley's Infrastructure Spending Resource Center for more information.