Water Affordability, Transparency, Equity, and Reliability Act of 2021
This bill increases funding for water infrastructure, including funding for several programs related to controlling water pollution or protecting drinking water.
Specifically, it establishes a Water Affordability, Transparency, Equity, and Reliability Trust Fund. The fund may be used for specified grant programs.
The bill increases the corporate income tax rate to 24.5% to provide revenues for the fund.
In addition, the bill revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF. It also creates or reauthorizes several grant programs for water infrastructure.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1352 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1352
To establish a trust fund to provide for adequate funding for water and
sewer infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mrs. Lawrence (for herself, Mr. Khanna, Mr. Michael F. Doyle of
Pennsylvania, Mr. Gallego, Ms. Pingree, Mrs. Watson Coleman, Ms.
Barragan, Mr. Levin of Michigan, Ms. Norton, Mr. Jones, Ms. Houlahan,
Miss Rice of New York, Mr. Johnson of Georgia, Mr. Nadler, Mr. Carson,
Ms. Stevens, Ms. Schakowsky, Mr. Casten, Mrs. Beatty, Ms. Johnson of
Texas, Mr. Raskin, Ms. Moore of Wisconsin, Ms. Velazquez, Ms. Newman,
Mr. Foster, Mr. Hastings, Mr. Cohen, Mr. Espaillat, Mr. Connolly, Mr.
Kim of New Jersey, Mr. Neal, Ms. Meng, Mr. DeSaulnier, Ms. Matsui, Mr.
Huffman, Mrs. Bustos, Mr. Delgado, Mr. Welch, Mr. Sires, Mr. Lawson of
Florida, Ms. Chu, Mr. Suozzi, Mrs. Carolyn B. Maloney of New York, Mr.
Thompson of Mississippi, Mr. Yarmuth, Mr. Grijalva, Mr. Rush, Ms.
Ocasio-Cortez, Ms. Jayapal, Ms. Bush, Mr. Mfume, Ms. Slotkin, Ms.
Clarke of New York, Ms. Dean, Ms. Omar, Mr. Cicilline, Mr. Cartwright,
Mr. Lieu, Mr. Brendan F. Boyle of Pennsylvania, Mrs. Hayes, Mr. Bowman,
Ms. Pressley, Ms. Bass, Ms. Tlaib, Mr. Pocan, Mr. Ruppersberger, Ms.
Blunt Rochester, Mr. Lowenthal, Mrs. Napolitano, Ms. Lee of California,
Mr. Auchincloss, Ms. Leger Fernandez, and Ms. Bonamici) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Energy and
Commerce, Ways and Means, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a trust fund to provide for adequate funding for water and
sewer infrastructure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Affordability, Transparency, Equity, and Reliability Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.
Sec. 3. Report on affordability, discrimination and civil rights
violations, public participation in
regionalization, and data collection.
Sec. 4. Technical assistance to rural and small municipalities and
tribal governments.
Sec. 5. Residential onsite sewage disposal system improvement.
Sec. 6. Household water well systems.
Sec. 7. State water pollution control revolving funds.
Sec. 8. Use of State revolving loan funds under the Safe Drinking Water
Act.
Sec. 9. Drinking water grant programs.
Sec. 10. Requirement for the use of American materials in drinking
water.
Sec. 11. Labor provisions.
SEC. 2. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
TRUST FUND.
(a) Establishment.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 9512. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Water
Affordability, Transparency, Equity, and Reliability Trust Fund'
(referred to in this section as the `Trust Fund'), consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
``(b) Transfers to Fund.--
``(1) In general.--There are hereby appropriated to the
Trust Fund such amounts as the Secretary from time to time
estimates are equal to the increase in Federal revenues
attributable to the amendment made by section 2(b) of the Water
Affordability, Transparency, Equity, and Reliability Act of
2021.
``(2) Limitation.--The sum of the amounts appropriated
under paragraph (1) during any fiscal year shall not exceed
$34,850,000,000.
``(c) Expenditures.--Amounts in the Trust Fund are available,
without further appropriation and without fiscal year limitation, for
the purposes described in section 2(c) of the Water Affordability,
Transparency, Equity, and Reliability Act of 2021.''.
(2) Clerical amendment.--The table of parts for subchapter
A of chapter 98 of such Code is amended by inserting after the
item relating to section 9511 the following new item:
``Sec. 9512. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.''.
(b) Imposition of Tax.--
(1) In general.--Section 11(b) of the Internal Revenue Code
of 1986 is amended by striking ``21'' and inserting ``24.5''.
(2) Effective date.--The amendments made by this Act shall
apply to taxable years beginning after December 31, 2020.
(c) Allocation of Funds.--The Administrator of the Environmental
Protection Agency and the Secretary of Agriculture shall allocate, for
a fiscal year, the funds available, at the beginning of such fiscal
year, in the Water Affordability, Transparency, Equity, and Reliability
Trust Fund, established by section 9512 of the Internal Revenue Code of
1986, as follows:
(1) Clean water programs.--Of such amount, the
Administrator shall make available--
(A) 0.5 percent for making grants under section
104(b)(8) of the Federal Water Pollution Control Act;
(B) 1.5 percent for making grants under section 106
of such Act (33 U.S.C. 1256);
(C) 2.5 percent for making grants under section 222
of such Act;
(D) 2.5 percent for making grants under section 319
of such Act (33 U.S.C. 1329); and
(E) 45 percent for making capitalization grants
under section 601 of such Act (33 U.S.C. 1381).
(2) Safe drinking water funding.--Of such amount, the
Administrator shall make available--
(A) 0.5 percent for providing technical assistance
under section 1442(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-1(e));
(B) 43.5 percent for making capitalization grants
under section 1452 of such Act (42 U.S.C. 300j-12); and
(C) 3 percent for making grants under section 1465
of such Act.
(3) Household water well systems.--Of such amount, the
Secretary shall make available 1 percent for making grants
under section 306E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926e).
SEC. 3. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND
DATA COLLECTION.
(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall conduct a study on water and sewer
services, in accordance with this subsection.
(2) Affordability.--In conducting the study under paragraph
(1), the Administrator shall study water affordability
nationwide, including--
(A) rates for water and sewer services, increases
in such rates during the ten-year period preceding such
study, and water service disconnections due to unpaid
water service charges; and
(B) the effectiveness of funding under section 1452
of the Safe Drinking Water Act and under section 601 of
the Federal Water Pollution Control Act for promoting
affordable, equitable, transparent, and reliable water
and sewer service.
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Administrator, in collaboration
with the Civil Rights Division of the United States Department
of Justice, shall study--
(A) discriminatory practices of water and sewer
service providers; and
(B) violations by such service providers that
receive Federal assistance of civil rights under title
VI of the Civil Rights Act of 1964 with regard to equal
access to water and sewer services.
(4) Public participation in regionalization.--In conducting
the study under paragraph (1), the Administrator shall evaluate
efforts to regionalize public water systems, as defined in
section 1401 of the Safe Water Drinking Act, and sewer services
with respect to public participation in--
(A) the decision to undergo such regionalization;
and
(B) decision making by the board of directors (or
other governing body) of the entity that provides, or
oversees or coordinates the provision of, water by the
public water systems subject to such regionalization.
(5) Data collection.--In conducting the study under
paragraph (1), the Administrator shall collect information,
assess the availability of information, and evaluate the
methodologies used to collect information, related to--
(A) people living without water or sewer services;
(B) water service disconnections due to unpaid
water service charges, including disconnections
experienced by households containing children, elderly
persons, disabled persons, chronically ill persons, or
other vulnerable populations; and
(C) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections and the lack of public water service.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that contains--
(1) the results of the study conducted under subsection
(a)(1); and
(2) recommendations for utility companies, Federal
agencies, and States relating to such results.
SEC. 4. TECHNICAL ASSISTANCE TO RURAL AND SMALL MUNICIPALITIES AND
TRIBAL GOVERNMENTS.
Section 104(u) of the Federal Water Pollution Control Act (33
U.S.C. 1254(u)) is amended by striking ``not to exceed $25,000,000 for
each of fiscal years 2019 through 2023'' and inserting ``$175,000,000
for each of fiscal years 2021 through 2026''.
SEC. 5. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEM IMPROVEMENT.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEMS.
``Not later than the date that is 1 year after the date of the
enactment of this section, the Administrator shall establish a grant
program to make grants to users of a septic tank and drainage field for
costs associated with repairing, replacing, or upgrading such tank and
such field.''.
SEC. 6. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``$20,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$348,500,000 for each
fiscal year''.
SEC. 7. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (2), by striking ``will be made to the
State with funds to be made available'' and inserting ``were
made to the State with funds made available for fiscal year
2019'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(15) the State will not provide financial assistance
using amounts from the fund for any project that will provide
substantial direct benefits to new communities, lots, or
subdivisions, other than a project to construct an advanced
decentralized wastewater system; and''.
(b) Projects and Activities Eligible for Assistance.--Section
603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c))
is amended--
(1) in paragraph (11)(B), by striking ``and'' at the end;
(2) in paragraph (12)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) to any municipality or intermunicipal, interstate,
or State agency for--
``(A) purchasing from a willing or unwilling seller
a privately owned treatment works; and
``(B) expenses related to canceling a contract for
the operation or management of a publicly owned
treatment works.''.
(c) Increasing the Amount of Additional Subsidization by the
State.--Section 603(i)(3)(B) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(i)(3)(B)) is amended to read as follows:
``(B) Additional limitation.--A State may use not
less than 50 percent of the total amount received by
the State in capitalization grants under this title for
a fiscal year for providing additional subsidization
under this subsection.''.
SEC. 8. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER
ACT.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``publicly owned, operated, and managed''
before ``community water systems''; and
(ii) in subparagraph (E), by striking ``The
funds under this section shall not be used for
the acquisition of real property or interests
therein, unless the acquisition is integral to
a project authorized by this paragraph and the
purchase is from a willing seller.'' and
inserting ``The funds may also be used for
purchasing from a willing or unwilling seller a
privately owned community water system, or for
the expenses related to canceling a contract
for the operation or management of a community
water system.''; and
(B) by adding at the end the following new
paragraph:
``(6) Exception to public ownership, operation, and
management requirement.--Notwithstanding paragraph (2)(A),
public water systems that regularly serve fewer than 10,000
persons, and which are not owned, operated, or managed by any
person who owns, operates, or manages any other public water
system, may receive assistance under this section.'';
(2) by amending subsection (d)(2) to read as follows:
``(2) Total amount of subsidies.--To the extent that there
are sufficient applications for loans to communities described
in paragraph (1), of the amount of the capitalization grant
received by a State in a fiscal year, the total amount of loan
subsidies made by the State in the fiscal year pursuant to
paragraph (1) may not be less than 50 percent.'';
(3) in subsection (e), by striking ``to be made to the
State'' and inserting ``that was made to the State in fiscal
year 2021'';
(4) in subsection (g)(3)--
(A) in paragraph (B), by striking ``and'' at the
end;
(B) in paragraph (C), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after subparagraph (C) the
following:
``(D) guidance to ensure affordable, equitable,
transparent and reliable water service provision, to
provide protections for households facing service
disconnection due to unpaid water service charges, and
to promote universal equal access to water services.'';
and
(5) in subsection (k)(1), by adding at the end the
following:
``(E) Provide assistance in the form of a grant to
owners of private property on which a lead service line
(as defined in section 1459B) is or may be located, for
the purpose of replacing the lead service line with a
service line that is lead-free (as defined in section
1417(d)).
``(F) Provide assistance to a publicly owned,
operated, and managed community water system for the
purpose of updating treatment plants or switching water
sources due to contamination from per- and
polyfluoroalkyl substances (PFAS) (as defined by the
State in which the community water system is located).
``(G) Provide assistance in the form of a grant to
owners of a household water well that has been
contaminated by per- and polyfluoroalkyl substances
(PFAS) (as defined by the State in which the household
well is located), for the purpose of purchasing and
installing a household filtration system.''.
SEC. 9. DRINKING WATER GRANT PROGRAMS.
(a) School Drinking Water Improvement.--Section 1465 of the Safe
Drinking Water Act (42 U.S.C. 300j-25) is amended--
(1) in the section header, by striking ``fountain'' and
inserting ``infrastructure'';
(2) in subsection (a), by striking ``fountains manufactured
prior to 1988'' and inserting ``infrastructure'';
(3) by amending subsection (b) to read as follows:
``(b) Use of Funds.--Funds awarded under the grant program may be
used to pay costs associated with--
``(1) installing, repairing, or replacing the
infrastructure necessary to ensure that drinking water
fountains, drinking water coolers, and bottle filling stations
at schools are lead free; and
``(2) monitoring and reporting of lead levels in the
drinking water of schools, as determined appropriate by the
Administrator.''; and
(4) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$1,050,000,000''; and
(B) by striking ``2021'' and inserting ``2024''.
(b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(i)(1)) is amended, in the first sentence--
(1) by striking ``1 1/2'' and inserting ``Three''; and
(2) by striking ``may'' and inserting ``shall''.
SEC. 10. REQUIREMENT FOR THE USE OF AMERICAN MATERIALS IN DRINKING
WATER.
Section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(4)) is amended by striking ``During fiscal years 2019 through
2023, funds'' and inserting ``Funds''.
SEC. 11. LABOR PROVISIONS.
(a) Prevailing Rate of Wage.--Nothing in this Act shall affect the
applicability of the requirements relating to labor standards of
sections 513 and 602(b)(6) of the Federal Water Pollution Control Act
(33 U.S.C. 1372, 1382(b)(6)) and section 1450(e) of the Safe Drinking
Water Act (42 U.S.C. 300j-9(e)) to projects carried out under those
Acts.
(b) Project Labor Agreements.--
(1) Clean water revolving funds.--Section 602(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1382(b)), as
amended by section 7, is further amended by adding at the end
the following:
``(16) the State will--
``(A) permit recipients of assistance under this
title to enter into agreements authorized under section
8(f) of the National Labor Relations Act (commonly
known as `project labor agreements') with respect to
projects for building or construction carried out with
such assistance; and
``(B) ensure that, to the maximum extent
practicable, recipients of assistance under this title
carry out such projects through the use of such
agreements.''.
(2) Drinking water revolving funds.--Section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) is amended--
(A) in subsection (a), by adding at the end the
following:
``(7) Project labor agreements.--Each agreement under this
subsection shall require that the State permit recipients of
assistance under this section to enter into agreements
authorized under section 8(f) of the National Labor Relations
Act (commonly known as `project labor agreements') with respect
to projects for building or construction carried out with such
assistance.''; and
(B) in subsection (b)(3)(A)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) with respect to projects for
building or construction, will be carried out
through the use of agreements authorized under
section 8(f) of the National Labor Relations
Act.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and Climate Change.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Subcommittee on Conservation and Forestry.