Summary of Key Programs and Provisions in the Infrastructure Investment and Jobs Act

Just a few days ago, the House passed the Infrastructure Investment and Jobs Act (“IIJA”) which will soon head to President Biden’s desk to be signed into law. This $1.2 trillion bill—with $550 billion in new spending over the next five years—is a once-in-a-generation investment in our nation’s infrastructure and provides a multitude of funding opportunities for states, cities, businesses, and more to seek.

At a glance, IIJA investments fall into primarily three buckets:

TRANSPORTATION ($288 billion)
- Roads, Bridges, and Major Projects ($110 billion)
- Rail ($66 billion)
- Public Transit ($39 billion)
- Airports ($25 billion)
- Ports ($17 billion)
- Safety ($11 billion)
- Electric Vehicles ($8 billion)
- Electric Buses ($8 billion)
- Other ($4 billion)
ENERGY, ENVIRONMENT, CLIMATE ($191 billion)
- Power Infrastructure ($65 billion)
- Water Infrastructure ($55 billion)
- Resilience ($50 billion)
- Environmental Remediation ($21 billion)
BROADBAND ($65 billion)
OTHER ($6 billion)

But what do these numbers mean? In part, the objectives of this legislation are to:

Deliver clean water to millions of households and schools as well as replace all of the nation’s lead pipes and service lines;
Ensure every American has access to reliable, affordable high-speed internet;
Build out the first-ever national network of Electric Vehicle charging infrastructure;
Rebuild economically significant bridges in communities across the country;
Make the largest investment in public transit in history and the largest investment in rail since Amtrak’s creation;
Make our communities safer and our infrastructure more resilient to the impacts of climate change and other threats;
Build thousands of miles of new transmission power lines to facilitate the expansion of renewable energy.

The impacts of the IIJA will be felt all across the country. As examples, let’s look at Indiana, Ohio, and Illinois where Ice Miller has a particularly strong presence.

Impact of IIJA on Indiana

Roads, Bridges, and Major Projects – Based on formula funding alone, Indiana can expect to receive $6.6 billion for federal-aid highway apportioned programs and $401 million for bridge replacement and repairs over five years. Indiana can also compete for the $12.5 billion Bridge Investment Program and nearly $16 billion of national funding dedicated for major projects.
Transit – Based on formula funding alone, Indiana can expect to receive nearly $680 million over five years to improve transportation options across the state.
Electric Vehicles – Indiana can expect to receive $100 million over five years to support the expansion of an EV charging network. Indiana can also apply for the $2.5 billion in grant funding dedicated to EV charging.
Broadband – Indiana will receive a minimum allocation of $100 million to help provide broadband coverage across the state. 1,624,000 or 24% of Hoosiers will be eligible for the Affordability Connectivity Benefit, which will help low-income families afford internet access.
Resiliency – Indiana can expect to receive $20 million over five years to protect against wildfires and $20 million to protect against cyberattacks. Hoosiers will also benefit from the bill’s historic $3.5 billion investment in weatherization to reduce energy costs for families.
Water Infrastructure – Based on the formula funding, Indiana can expect to receive $751 million over five years to improve water infrastructure and ensure that clean, safe drinking water is available in all communities.
Airports – Airports in Indiana would receive approximately $170 million for infrastructure development for airports over five years.

Impact of IIJA on Ohio

Roads, Bridges, and Major Projects – Based on formula funding alone, Ohio can expect to receive $9.62 billion for federal-aid highway apportioned programs and $483 million for bridge replacement and repairs over five years. Indiana can also compete for the $12.5 billion Bridge Investment Program and nearly $16 billion of national funding dedicated for major projects.
Transit – Based on formula funding alone, Ohio can expect to receive nearly $1.2 billion over five years to improve transportation options across the state.
Electric Vehicles – Ohio can expect to receive $140 million over five years to support the expansion of an EV charging network. Ohio can also apply for the $2.5 billion in grant funding dedicated to EV charging.
Broadband – Ohio will receive a minimum allocation of $100 million to help provide broadband coverage across the state. 3,167,000 or 28% of Ohioans will be eligible for the Affordability Connectivity Benefit, which will help low-income families afford internet access.
Resiliency – Ohio can expect to receive $26 million over five years to protect against wildfires and $25 million to protect against cyberattacks. Ohioans will also benefit from the bill’s historic $3.5 billion investment in weatherization to reduce energy costs for families.
Water Infrastructure – Based on the formula funding, Indiana can expect to receive $1.4 billion million over five years to improve water infrastructure and ensure that clean, safe drinking water is available in all communities.
Airports – Airports in Indiana would receive approximately $253 million for infrastructure development for airports over five years.

Impact of IIJA on Illinois

Roads, Bridges, and Major Projects – Based on formula funding alone, Illinois can expect to receive $9.8 billion for federal-aid highway apportioned programs and $1.4 billion for bridge replacement and repairs over five years. Indiana can also compete for the $12.5 billion Bridge Investment Program and nearly $16 billion of national funding dedicated for major projects.
Transit – Based on formula funding alone, Illinois can expect to receive nearly $4 billion over five years to improve transportation options across the state.
Electric Vehicles – Illinois can expect to receive $149 million over five years to support the expansion of an EV charging network. Illinois can also apply for the $2.5 billion in grant funding dedicated to EV charging.
Broadband – Illinois will receive a minimum allocation of $100 million to help provide broadband coverage across the state. 2,926,000 or 23% of Illinoisans will be eligible for the Affordability Connectivity Benefit, which will help low-income families afford internet access.
Resiliency – Illinois can expect to receive $27 million over five years to protect against wildfires and $22 million to protect against cyberattacks. Illinoisans will also benefit from the bill’s historic $3.5 billion investment in weatherization to reduce energy costs for families.
Water Infrastructure – Based on the formula funding, Illinois can expect to receive $1.7 billion over five years to improve water infrastructure and ensure that clean, safe drinking water is available in all communities.
Airports – Airports in Illinois would receive approximately $616 million for infrastructure development for airports over five years.

For more information about federal affairs issues and how Ice Miller LLP can help you navigate funding opportunities, please contact George Hornedo, Jarrod Loadholt, and Tim Day.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.