Build America, Buy America (BABA Act)

Build America, Buy America (BABA) Act requirements

Public Law No. 117-58, Sections 70901-52 – regarding the requirement that iron, steel, manufactured products, and construction materials used in the project must be produced in the United States.

BABA applies to all “equivalency” State Revolving Fund (SRF) projects funded beginning with the State Fiscal Year 2023 Clean Water State Revolving Fund and Drinking Water State Revolving Fund Intended Use Plans, which use federal fiscal year 2022 grant funding, and subsequent state fiscal years.

BABA applies to the SRF capitalization grant awards from the federal annual appropriations and the awards from the supplemental funding from the Infrastructure Investment and Jobs Act (IIJA) of 2021, including the special funding for Lead Service Line Replacements (LSLR) and addressing Emerging Contaminants (EC).

A recipient of an applicable CWSRF or DWSRF program equivalency project must ensure that the project remains in full compliance with the BABA Act. All of the iron, steel, manufactured products, and construction materials used in the project must be produced in the United States or the project must comply with waivers granted by the U.S. Environmental Protection Agency (EPA) under the BABA Act.