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Slicing Up the Federally Subsidized Infrastructure Finance Pie

A more rational pie starts with WIFIA amendments

When Coke, Pepsi and Dr Pepper battle each other for market share, it might result in an improvement in one or more of the products (Schumpeter’s ‘creative destruction’) or, more likely for such similar items, a zero-sum outcome that’s a win for some shareholders and a loss for others. Fine — that’s how profit-maximizing private-sector markets work.

But when three federally subsidized infrastructure financing ‘products’ — WIFIA loans, SRF loans and tax-exempt bonds — have such a degree of overlap that they compete with each other for ‘market share’ in US water capex, how should we view that? Federal taxpayers are the ‘shareholders’ in all three with respect to subsidies [1] and their goal is not profit-maximization but ‘national public good’ maximization. Obviously, an intentional and unified federal policy was not responsible for this ‘Coke-Pepsi-Dr Pepper’ outcome — it was the result of organic and siloed development. But now that the outcome is clear, especially in light of WIFIA’s eight-years of operation, what should be done to improve federal taxpayers’ return in terms of public good maximization?

In theory, I suppose, you could argue that allowing the three financing ‘products’ to continue competing might have some value with respect to ultimate policy design — a kind of creative destruction phase for policymakers to observe what works and what doesn’t. But is that useful at this point? We’re talking about basic water projects, long-established water agency borrowers, and straightforward project financing principles. To the extent any ‘experimentation’ was necessary, WIFIA’s interaction with SRFs and bonds for the last eight years provides sufficient — and in retrospect, entirely predictable — evidence that if displacement among the products can happen, it will, and in accordance with simple observable factors like borrower cost and levels of federal funding. No mysteries there.

More realistically, the status quo will lead to zero-sum outcomes — pointless competition influenced primarily by ‘advertising’ and ‘branding narratives’ pushed by lobbyists and interest groups, without any improvement in the ostensible objective of all three, US water infrastructure as a national public good.

Well, so what? Federal taxpayers are not exactly ‘activist shareholders’ when it comes to such relatively minor and highly technocratic matters as US federally subsidized water infrastructure finance. The zero-sum status quo is safe in their hands.

But what about the ‘consumers’ — US water sector agencies and stakeholders? In happier times, they might not have cared too much, either. As long as the three products remained on offer, and they could take advantage of periodic ‘specials’ that favored one product over another (e.g., due to atypical interest rates or a big dollop of federal funding), the state of the overall ‘market’ wasn’t their concern.

With harder times, that indifference is likely to change, for two reasons. First, although federal taxpayers will remain oblivious, federal policymakers looking for couch change or motivated by ideology can attack apparently ‘duplicative’ programs, as has already been seen in the WH FY2026 Budget Proposal.

Second, and much more substantively, borrowers facing increasingly difficult funding challenges will start looking for federally subsidized financing ‘products’ which not only have the traditional lower interest rate but can facilitate more affordable hikes in taxes and water rates through loan features (e.g., slower amortization, debt service deferral, etc.). When they become aware that WIFIA loan terms are relatively easy to redesign and amend for that purpose, the contours of the larger ‘market’ in which WIFIA loans interact with SRF loans and bonds will also be more relevant. If WIFIA is significantly improved, potential synergies between the now-differentiated ‘products’ will become more apparent, and borrowers may be motivated to seek improvements in the other two, though that’s more difficult [2].

WIFIA improvement is necessary in itself, of course. But the process can be a bridge to a more unified and rational approach to the whole federally subsidized water infrastructure finance ‘marketplace’. Stakeholders and their advocacy groups should consider the value of this proactively, as it’s in the interest of both water sector borrowers and federal taxpayers [3]. Even policymakers seeking to find budgetary couch change or score ideological points might find some things they like in it.

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Notes

[1] Tax-exempt bond investors are ‘shareholders’ in the non-subsidized part of the bond ‘product’. But they are ‘consumers’ of the federal subsidy via tax shelter, and their interest in that subsidy is not aligned with either federal taxpayers or bond issuers: They maximize profits by gaining the biggest possible tax-exemption from the former, while sharing the least possible part of the value of it with the latter.

[2] The SRF statutory framework is long-established and covers a huge amount of ground — perhaps the best that can be done there is to consider the importance of predictable funding and encourage leverage, including by improved SWIFIA loans. Tax-exempt bond change through tax-code amendment is a whole other world.

[3] The interest of tax-exempt bond investors is more complicated. Their profit-maximizing goal would be best achieved by a monopoly on the ‘market’, so ideas about improving the public good by making other federally subsidized finance sources more useful (and hence more competitive with bonds) will be quietly (or even surreptitiously) resisted. Perhaps the prospect of synergies leading to a win-win outcome (a bigger US water capex pie) could soften their resistance? Or, more subtly, that a clear (even dominant) role in an intentional federal water finance policy might be a good defense against future 2017-type cuts? I don’t know.

Senate S.3293’s Non-FCRA Provisos and HR. 6229’s FCRA Amendment — Good Faith Policy or End Run?

S.3293-EW-Appropriations-Act-2026-WIFIA-Account-Language-Related-to-CWIFP-Loans-to-Dams-and-Levees-InRecap-121725-v1.0

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The 12/1/2025 Senate E&W bill, S.3293, appears to be taking a non-FCRA path to ‘bulletproofing’ restrictions on the ability of CWIFP to make loans to non-federal cost shares in dams and levees that have any federal ‘ownership’. Presumably, this is a preemptive move against the possibility that HR. 6229‘s FCRA amendment (either with original language or variation thereof) is enacted and the FCRA Criteria are subsequently revised or superseded.

In one sense, this is a positive development — a non-FCRA approach to the issue seems an acknowledgement that the FCRA Criteria ploy was a too-clever-by-half gimmick. More importantly, now the debate is back in the real world, away from the mysteries of federal budgeting and FCRA law, and back to considering the actual pros and cons of CWIFP finance for genuinely non-federal cost shares in federally involved projects, including those which involve the Corps in a major role.

And S. 3293’s provisos might be seen as a good-faith invitation to have that debate. The restrictive language is focused on current federal ‘ownership’ of a project, not past ownership or the nebulous ‘involvement’ standard of the FCRA Criteria. There might be valid policy (or even ideological) reasons that dams and levees important enough for a local community that they’re looking to federally finance a big cost-share in them ought not to be permanently owned by the federal government. The subject is above my pay grade, but I can see why there might be equally well-intentioned, if differing, perspectives on it.

Still — the hint of a ‘white whale’ obsession lingers. Could it be that S. 3293’s provisos are simply an end run around the likelihood that a FCRA amendment will sooner or later be enacted, to prepare a new ‘front’ in the battle to severely restrict CWIFP eligibility to its most natural borrowers? Just to win the battle, not for a policy perspective, but for some unfathomable private reason or (at this point) no reason at all. The $5m funding for dams and levees, which CWIFP doesn’t need, looks suspiciously like a pretext to add provisos, some of which are retrospective to CWIFP’s carryover funding. The relentless repetition of lists and multiple ways to restrict federal ownership (including amending the definition of ‘project — really?) seem to go beyond lawyerly practice and into some sort of, well, ‘pounding’ on a hated object.

I really don’t know — it’ll be interesting to see how this develops.

WIFIA Reform: Now the Time Has Come

Serious, Perhaps Fatal, Issues

Here’s a summary of the serious issues facing the WIFIA Loan Program, as outlined in two recent WFM articles and various posts:

Explaining the Decline in WIFIA Loan Volume: Part 1

  • Dramatic 63% decline in loan volume 2022-2024, completely unrelated to Trump 2.0.
  • Decline is most likely the result of displacement by two other federally subsidized sources of water infrastructure finance.

Explaining the Decline in WIFIA Loan Volume: Part 2

  • WIFIA growth 2018-2021 was also likely due to displacement by the Program of the other two federally subsidized sources, with no apparent real-world impact on US water capex.
  • Overlap of WIFIA loan features with those of SRF loans and tax-exempt bonds, a concern when the Program was being developed in 2014, appears to have been confirmed by actual history 2018-2024.
  • Displacement and overlap are not consistent with OMB’s standard policy for federal credit programs as specified in Circular A-129.

WIFIA Mandatory Spending

  • WIFIA’s mandatory spending for FCRA interest rate re-estimates is now over $2 billion, or 9% of the Program’s current $22 billion portfolio. Another $600 million is likely to be required in 2026.
  • This amount is far in excess of WIFIA’s discretionary funding. Although FCRA re-estimates are highly technical, the cost to taxpayers is real and the scale could be the basis of a Solyndra-type narrative.
  • Large mandatory spending was a predictable result of the way WIFIA borrowers were using the Program’s interest rate management features, especially in 2019-2021.

The Time Has Come for Major Reform

After eight years of operational results, the time has come for WIFIA stakeholders and policymakers to recognize the reality of WIFIA’s position and begin a process of major reform. The Program has immense potential, not only for the US water sector but as a model for federal infrastructure credit in general. This potential, or perhaps even the Program’s continued existence, will not be realized without fundamental reform.

Reform is the context in which the recently re-introduced Water Infrastructure Finance and Innovation Act (WIFIA) Amendments of 2025 bill should be viewed. Major reform was not the intent, nor will this bill address many of WIFIA’s issues. But its enactment would be a recognition of the need for statutory improvement, a statement of broad stakeholder support and, perhaps most importantly, a visible first step in the process.

WIFIA Decline: Harder Questions

The first part of this WFM article raised awkward questions about WIFIA’s decline 2022-2024.

The second part goes further:

  • If WIFIA’s growth and subsequent decline was primarily the result of displacement of two other sources of federally supported finance, then what’s the additionality of the Program? Total capex trends don’t seem to reflect any.
  • WIFIA loan overlap with SRFs and tax-exempt bonds was recognized at the outset of the Program in 2014 — now that actual results 2018-2024 seem to confirm that overlap, what’s next? This is fine?
  • OMB Circular A-129 is pretty specific about additionality and non-overlap as requirements for federal credit programs. How was WIFIA in compliance with these requirements? Under the current administration, can non-compliance be ignored for the next three years?

Now add this to the mix — WIFIA Mandatory Spending — and an open-ended question must be asked: What, if anything, can be done?

Reform.