No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10440 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10440
To amend the Safe Drinking Water Act to provide assistance for States,
territories, areas affected by natural disasters, and water systems and
schools affected by PFAS or lead, and to require the Environmental
Protection Agency to promulgate national primary drinking water
regulations for PFAS, microcystin toxin, and 1,4-dioxane, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2024
Mr. Tonko (for himself and Mr. Pallone) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, and Transportation and
Infrastructure, 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 amend the Safe Drinking Water Act to provide assistance for States,
territories, areas affected by natural disasters, and water systems and
schools affected by PFAS or lead, and to require the Environmental
Protection Agency to promulgate national primary drinking water
regulations for PFAS, microcystin toxin, and 1,4-dioxane, 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 ``Assistance,
Quality, and Affordability Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INFRASTRUCTURE
Sec. 101. Drinking water system resilience funding.
Sec. 102. Grants for State programs.
Sec. 103. Assistance for disadvantaged communities.
Sec. 104. Allotments for territories.
Sec. 105. Drinking water SRF funding.
Sec. 106. Lead service line replacement.
Sec. 107. Drinking water assistance to colonias.
Sec. 108. PFAS treatment grants.
Sec. 109. Grant program for installation of filtration stations at
schools and child care programs.
Sec. 110. Indian reservation drinking water program.
Sec. 111. Assistance for areas affected by natural disasters.
TITLE II--SAFETY
Sec. 201. Enabling EPA to set health protective standards for new
drinking water contaminants.
Sec. 202. Citizens' petitions for new or revised national primary
drinking water regulations.
Sec. 203. National primary drinking water regulations for PFAS.
Sec. 204. National primary drinking water regulations for microcystin
toxin.
Sec. 205. National primary drinking water regulations for 1,4-dioxane.
Sec. 206. National primary drinking water regulations for chromium-6.
Sec. 207. Elimination of small system variances.
TITLE III--AFFORDABILITY
Sec. 301. Water affordability program.
TITLE I--INFRASTRUCTURE
SEC. 101. DRINKING WATER SYSTEM RESILIENCE FUNDING.
Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)) is amended--
(1) in paragraph (1), by striking ``and 2021'' and
inserting ``through 2034''; and
(2) in paragraph (6)--
(A) by striking ``25,000,000'' and inserting
``50,000,000''; and
(B) by striking ``2020 and 2021'' and inserting
``2025 through 2034''.
SEC. 102. GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended--
(1) by striking ``125,000,000'' and inserting
``200,000,000''; and
(2) by striking ``2020 and 2021'' and inserting ``2025
through 2034''.
SEC. 103. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.
Section 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)(2)(A)) is amended by striking ``35 percent'' and inserting
``40 percent''.
SEC. 104. ALLOTMENTS FOR TERRITORIES.
Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5
percent''.
SEC. 105. DRINKING WATER SRF FUNDING.
Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)(1)) is amended--
(1) by striking subparagraphs (A) through (E);
(2) by striking subparagraph (G);
(3) by redesignating subparagraph (F) as subparagraph (A);
(4) in subparagraph (A) (as so redesignated), by striking
``; and'' and inserting a semicolon; and
(5) by adding at the end the following:
``(B) $3,250,000,000 for fiscal year 2025;
``(C) $3,750,000,000 for fiscal year 2026;
``(D) $4,140,000,000 for fiscal year 2027;
``(E) $4,800,000,000 for fiscal year 2028; and
``(F) $5,500,000,000 for each of fiscal years 2029
through 2034.''.
SEC. 106. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended by adding at the end the following:
``(u) Lead Service Line Replacement.--
``(1) In general.--In addition to the capitalization grants
to eligible States under subsection (a)(1), the Administrator
shall offer to enter into agreements with States, Indian
Tribes, and the territories described in subsection (j) to make
grants, including letters of credit, to such States, Indian
Tribes, and territories under this subsection to fund the
replacement of lead service lines.
``(2) Allotments.--
``(A) States.--
``(i) In general.--Funds made available to
carry out this subsection shall be--
``(I) subject to clause (ii),
allotted and reallotted to the extent
practicable to States as if allotted or
reallotted under subsection (a)(1) as a
capitalization grant under such
subsection; and
``(II) deposited into the State
loan fund of a State receiving such
funds pursuant to an agreement entered
into pursuant to this subsection.
``(ii) State lead service line replacement
needs.--For purposes of applying the formula
described in subsection (a)(1)(D) under clause
(i) of this subparagraph, the State needs
identified in the most recent survey conducted
pursuant to subsection (h) shall only include
the State needs identified for lead service
line replacement in such survey.
``(B) Indian tribes.--The Administrator shall set
aside 1\1/2\ percent of the amounts made available each
fiscal year to carry out this subsection to make grants
to Indian Tribes.
``(C) Other areas.--Funds made available to carry
out this subsection shall be allotted to territories
described in subsection (j) in accordance with such
subsection.
``(3) Grants.--Notwithstanding any other provision of this
section, funds made available under this subsection shall be
used only for providing grants for the full replacement of lead
service lines.
``(4) Priority.--Each State, Indian Tribe, and territory
that has entered into an agreement pursuant to this subsection
shall annually prepare a plan that identifies the intended uses
of the amounts made available to such State, Indian Tribe, or
territory under this subsection, and any such plan shall--
``(A) not be required to comply with subsection
(b)(3); and
``(B) provide, to the maximum extent practicable,
that priority for the use of funds be given to projects
that replace lead service lines serving disadvantaged
communities and environmental justice communities.
``(5) Plan for replacement.--Each State, Indian Tribe, and
territory that has entered into an agreement pursuant to this
subsection shall require each recipient of funds made available
pursuant to this subsection to submit to the State, Indian
Tribe, or territory a plan to fully replace all lead service
lines in the applicable public water system within 10 years of
receiving such funds, or sooner if required by law.
``(6) American made iron and steel and prevailing wages.--
The requirements of paragraphs (4) and (5) of subsection (a)
shall apply to any project carried out in whole or in part with
funds made available under or pursuant to this subsection.
``(7) Limitation.--
``(A) Prohibition on partial line replacement.--No
funds made available pursuant to this subsection may be
used for partial lead service line replacement if, at
the conclusion of the service line replacement,
drinking water is delivered through a publicly or
privately owned portion of a lead service line.
``(B) No private owner contribution.--In carrying
out lead service line replacement using a grant under
this subsection, a recipient of funds made available
pursuant to this subsection shall offer to replace any
privately owned portion of any lead service line at no
cost to the private owner.
``(8) Disadvantaged community assistance.--All funds made
available pursuant to this subsection to fund the replacement
of lead service lines may be used to replace lead service lines
serving disadvantaged communities.
``(9) State contribution not required.--No agreement
entered into pursuant to paragraph (1) shall require that a
State deposit, at any time, in the applicable State loan fund
from State moneys any contribution in order to receive funds
under this subsection.
``(10) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection
$3,000,000,000 for each of fiscal years 2027 through
2036. Such sums shall remain available until expended.
``(B) Additional amounts.--To the extent amounts
authorized to be appropriated under this subsection in
any fiscal year are not appropriated in that fiscal
year, such amounts are authorized to be appropriated in
a subsequent fiscal year. Such sums shall remain
available until expended.
``(11) Definitions.--For purposes of this subsection:
``(A) Disadvantaged community.--The term
`disadvantaged community' has the meaning given such
term in subsection (d)(3).
``(B) Environmental justice community.--The term
`environmental justice community' means any population
of color, community of color, indigenous community, or
low-income community that experiences a
disproportionate burden of the negative human health
and environmental impacts of pollution or other
environmental hazards.
``(C) Lead service line.--The term `lead service
line' has the meaning given such term in section
1459B(a)(4).''.
(b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G)
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.
SEC. 107. DRINKING WATER ASSISTANCE TO COLONIAS.
Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2025 through 2034''.
SEC. 108. PFAS TREATMENT GRANTS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following new section:
``SEC. 1459H. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of a
perfluoroalkyl or polyfluoroalkyl substance in water of
the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to meet all applicable
standards, and all applicable health advisories
published pursuant to section 1412(b)(1)(F), for
perfluoroalkyl and polyfluoroalkyl substances.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every 2 years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator determines are the most effective
at removing perfluoroalkyl and polyfluoroalkyl substances from drinking
water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize an affected community water system
that--
``(1) serves a disadvantaged community;
``(2) has an exceedance of an applicable maximum
contaminant level for individual or mixture of perfluoroalkyl
and polyfluoroalkyl substances;
``(3) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology;
``(4) demonstrates the capacity to maintain the eligible
treatment technology to be implemented using the grant; or
``(5) is located within an area with respect to which the
Administrator has published a determination under the first
sentence of section 1424(e) relating to an aquifer that is the
sole or principal drinking water source for the area; and
``(6) has not received monies from a settlement agreement
or consent decree related to contamination by a perfluoroalkyl
or polyfluoroalkyl substance in water in the community water
system.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for each of the
fiscal years 2025 through 2034.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of a perfluoroalkyl or polyfluoroalkyl
substance in water in the community water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).
``(4) Perfluoroalkyl or polyfluoroalkyl substance.--The
term `perfluoroalkyl or polyfluoroalkyl substance' means any
man-made chemical with at least one fully fluorinated carbon
atom.''.
SEC. 109. GRANT PROGRAM FOR INSTALLATION OF FILTRATION STATIONS AT
SCHOOLS AND CHILD CARE PROGRAMS.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended by adding at the end the following:
``(e) Grant Program for Installation and Maintenance of Filtration
Stations.--
``(1) Program.--The Administrator shall establish a program
to make grants to States to assist local educational agencies
in installation and maintenance of filtration stations at
schools and facilities used by child care programs under the
jurisdiction of the local educational agencies or other State
agencies.
``(2) Direct grants to local educational agencies.--The
Administrator may make a grant described in paragraph (1)
directly available to--
``(A) any local educational agency described in
clause (i) or (iii) of subsection (d)(1)(B) located in
a State that does not participate in the program
established under paragraph (1); or
``(B) any local educational agency described in
clause (ii) of subsection (d)(1)(B).
``(3) Use of funds.--Grants made under the program
established under this subsection may be used to pay the costs
of--
``(A) installation and maintenance of filtration
stations at schools and facilities used by child care
programs; and
``(B) annual testing of drinking water at such
schools and facilities used by child care programs
following the installation of filtration stations.
``(4) Priority.--In making grants under the program
established under this subsection, the Administrator shall give
priority to States and local educational agencies that will
assist in installation and maintenance of filtration stations
at schools and facilities used by child care programs that are
in low-income areas.
``(5) Requirement.--Filtration stations installed pursuant
to the program established under this section shall include
remote performance monitoring and automatic shut-off of the
filtration station in the event the filtration station is not
operating properly.
``(6) Guidance.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall establish
guidance to carry out the program established under this
subsection.
``(7) No prior testing required.--The program established
under this subsection shall not require testing for lead
contamination in drinking water at schools and facilities used
by child care programs prior to participation in such program.
``(8) Definitions.--In this subsection:
``(A) Child care program and local educational
agency.--The terms `child care program' and `local
educational agency' have the meaning given such terms
in subsection (d).
``(B) Filtration station.--The term `filtration
station' means an apparatus that--
``(i) is connected to building plumbing;
``(ii) is certified to the latest version
of NSF/ANSI 53 for lead reduction and NSF/ANSI
42 for particulate reduction (Class I) by a
certification body accredited by the American
National Standards Institute National
Accreditation Board;
``(iii) has an indicator to show filter
performance;
``(iv) can fill bottles or containers for
water consumption; and
``(v) allows users to drink directly from a
stream of flowing water.
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2025 through 2034.''.
SEC. 110. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001(g) of America's Water Infrastructure Act of 2018
(Public Law 115-270) is amended to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program under subsection (a) $50,000,000
for each of fiscal years 2025 through 2034.''.
SEC. 111. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
Section 2020 of America's Water Infrastructure Act of 2018 (Public
Law 115-270) is amended--
(1) in subsection (b)(1), by striking ``subsection (e)(1)''
and inserting ``subsection (f)(1)'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following:
``(c) Assistance for Territories.--The Administrator may use funds
made available under subsection (f)(1) to make grants to Guam, the
Virgin Islands, American Samoa, and the Northern Mariana Islands for
the purposes of providing assistance to eligible systems to restore or
increase compliance with national primary drinking water
regulations.''; and
(4) in subsection (f), as so redesignated--
(A) in the heading, by striking ``State Revolving
Fund Capitalization''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``and to make grants under
subsection (c) of this section,'' before ``to
be available''; and
(ii) in subparagraph (A), by inserting ``or
subsection (c), as applicable'' after
``subsection (b)(1)''.
TITLE II--SAFETY
SEC. 201. ENABLING EPA TO SET HEALTH PROTECTIVE STANDARDS FOR NEW
DRINKING WATER CONTAMINANTS.
(a) In General.--Section 1412(b)(6) of the Safe Drinking Water Act
(42 U.S.C. 300g-1(b)(6)) is repealed.
(b) Threshold.--Section 1412(b)(1)(A) of the Safe Drinking Water
Act (42 U.S.C. 300g-1(b)(1)(A)) is amended--
(1) by striking clause (iii);
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(3) by striking ``The Administrator shall'' and inserting
the following:
``(i) In general.--The Administrator
shall'';
(4) in subclause (I), as so redesignated, by striking
``persons;'' and inserting ``persons; and'';
(5) by amending subclause (II), as so redesignated, to read
as follows:
``(II) the contaminant is known to
occur or there is a substantial
likelihood that the contaminant will
occur at levels of public health
concern in public water systems serving
in total at least an estimated
1,000,000 persons or more across at
least 3 States.''; and
(6) by adding at the end the following:
``(ii) Level of public health concern.--For
purposes of this subparagraph, a contaminant
shall be considered to occur at a level of
public health concern if it exceeds a health
advisory published under subparagraph (F) or a
toxicity value established by the Administrator
or the Administrator of the Agency for Toxic
Substances Disease Registry.''.
(c) Health Advisory.--Section 1412(b)(1)(F) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)(1)(F)) is amended by adding at the end
the following: ``A determination under this subsection to publish or
establish a health advisory or toxicity value shall not be considered a
final agency action that is subject to judicial review.''.
(d) Protecting Vulnerable Populations.--Section 1412(b)(4) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(4)) is amended--
(1) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Health protection.--Notwithstanding any other
provision in this Act, each maximum contaminant level
goal and national primary drinking water regulation
established under this subsection shall be protective
of the health of subpopulations at greater risk, as
identified in section 1458.''.
(e) Conforming Amendments.--Section 1412(b) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)) is amended--
(1) in paragraph (3)(C)(i)--
(A) by striking ``paragraph (5) or (6)(A)'' and
inserting ``paragraph (5)''; and
(B) by striking ``paragraphs (4), (5), and (6)''
and inserting ``paragraphs (4) and (5)''; and
(2) in paragraph (4)(B), by striking ``paragraphs (5) and
(6)'' and inserting ``paragraph (5)''.
SEC. 202. CITIZENS' PETITIONS FOR NEW OR REVISED NATIONAL PRIMARY
DRINKING WATER REGULATIONS.
Section 1412 of Safe Drinking Water Act (42 U.S.C. 300g-1) is
amended by adding at the end the following:
``(f) Citizens' Petitions for New or Revised National Primary
Drinking Water Regulations.--
``(1) In general.--Any person may petition the
Administrator to promulgate a new or revised national primary
drinking water regulation and maximum contaminant level goal
for a contaminant in accordance with this section.
``(2) Procedures.--
``(A) Requirements for petitions.--A petition under
paragraph (1) shall--
``(i) be filed in the principal office of
the Administrator; and
``(ii) include such evidence (which shall
be based upon government or public water system
data, independent monitoring conducted using
certified laboratories, or published, peer-
reviewed literature) that supports an
applicable determination under subparagraph
(D).
``(B) Public hearing, investigation, or other
proceeding.--The Administrator--
``(i) shall issue a public notice of the
receipt of a petition under paragraph (1) not
later than 5 business days after such receipt;
and
``(ii) may conduct such investigation or
proceeding as the Administrator determines
appropriate, including holding a public
hearing, in order to determine whether to grant
or deny a petition filed under paragraph (1).
``(C) Deadline.--Not later than 180 days after a
person files a petition in accordance with subparagraph
(A), the Administrator shall either grant or deny the
petition based on--
``(i) the evidence included in the
petition; and
``(ii) any other evidence described in
subparagraph (A)(ii) that the Administrator may
possesses or that was submitted to the
Administrator not later than 30 days after the
Administrator issued a public notice of the
receipt of the petition under subparagraph
(B)(i).
``(D) Determinations.--
``(i) New regulations.--The Administrator
shall grant a petition under paragraph (1) to
promulgate a new national primary drinking
water regulation and maximum contaminant level
goal for a contaminant if the Administrator
determines that the criteria of clauses (i),
(ii), and (iii) of subsection (b)(1)(A) are
satisfied.
``(ii) Revised regulations.--The
Administrator shall grant a petition under
paragraph (1) to promulgate a revised national
primary drinking water regulation and maximum
contaminant level goal for a contaminant if the
Administrator determines a revised national
primary drinking water regulation and maximum
contaminant level goal for the contaminant will
provide for greater protection of the health of
persons.
``(E) Determination to regulate; reasons for
denial.--If the Administrator grants a petition under
subparagraph (D), such decision shall be considered a
determination to regulate a contaminant under
subsection (b)(1)(B) for purposes of subsection
(b)(1)(E). If the Administrator denies a petition under
subparagraph (D), the Administrator shall publish in
the Federal Register the Administrator's reasons for
such denial.
``(F) Civil actions.--
``(i) Denied petitions.--The denial of a
petition filed under this subsection shall be
considered an action pertaining to the
establishment of national primary drinking
water regulations under section 1448(a)(1).
``(ii) Failure to act.--If the
Administrator fails to grant or deny a petition
filed under this subsection by the 180-day
deadline described in subparagraph (C), the
petitioner may commence a civil action under
section 1449(a)(2) to order the Administrator
to grant or deny the petition.''.
SEC. 203. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) Determination.--Notwithstanding any other
deadline established in this subsection, the
Administrator shall make a determination under
paragraph (1)(A), using the criteria described in
clauses (i) through (iii) of that paragraph, whether to
publish a maximum contaminant level goal and promulgate
a national primary drinking water regulation for a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances not later
than 18 months after the later of--
``(i) the date on which the perfluoroalkyl
or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances is
listed on the list of contaminants for
consideration of regulation under paragraph
(1)(B)(i); and
``(ii) the date on which--
``(I) the Administrator has
received the results of monitoring
under section 1445(a)(2)(B) for the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(II) the Administrator has
received reliable water data or water
monitoring surveys for the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances from a
Federal or State agency that the
Administrator determines to be of a
quality sufficient to make a
determination under paragraph (1)(A).
``(B) Primary drinking water regulations.--
``(i) In general.--Notwithstanding any
other deadline established in this subsection,
for each perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the
Administrator determines to regulate under
subparagraph (A), the Administrator--
``(I) not later than 18 months
after the date on which the
Administrator makes the determination,
shall propose a national primary
drinking water regulation for the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances; and
``(II) may publish the proposed
national primary drinking water
regulation described in subclause (I)
concurrently with the publication of
the determination to regulate the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances.
``(ii) Deadline.--
``(I) In general.--Notwithstanding
any other deadline established in this
subsection, not later than 1 year after
the date on which the Administrator
publishes a proposed national primary
drinking water regulation under clause
(i)(I) and subject to subclause (II) of
this clause, the Administrator shall
take final action on the proposed
national primary drinking water
regulation.
``(II) Extension.--The
Administrator, on publication of notice
in the Federal Register, may extend the
deadline under subclause (I) by not
more than 6 months.
``(C) Alternative procedures.--
``(i) In general.--Not later than 1 year
after the validation by the Administrator of an
equally effective quality control and testing
procedure to ensure compliance with a national
primary drinking water regulation promulgated
under this paragraph to measure the levels
described in clause (ii) or other methods to
detect and monitor perfluoroalkyl or
polyfluoroalkyl substances in drinking water,
the Administrator shall add the procedure or
method as an alternative to the quality control
and testing procedure described in such
national primary drinking water regulation by
publishing the procedure or method in the
Federal Register in accordance with section
1401(1)(D).
``(ii) Levels described.--The levels
referred to in clause (i) are--
``(I) the level of a perfluoroalkyl
or polyfluoroalkyl substance;
``(II) the total levels of
perfluoroalkyl and polyfluoroalkyl
substances; and
``(III) the total levels of organic
fluorine.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a
national primary drinking water regulation under this
paragraph, the Administrator shall tailor the
monitoring requirements for public water systems that
do not detect or are reliably and consistently below
the maximum contaminant level (as defined in section
1418(b)(2)(B)) for the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances subject to the national
primary drinking water regulation.
``(E) Health risk reduction and cost analysis.--In
meeting the requirements of paragraph (3)(C), the
Administrator may rely on information available to the
Administrator with respect to one or more specific
perfluoroalkyl or polyfluoroalkyl substances to
extrapolate reasoned conclusions regarding the health
risks and effects of a class of perfluoroalkyl or
polyfluoroalkyl substances of which the specific
perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(F) Health advisory.--
``(i) In general.--Subject to clause (ii),
the Administrator shall publish a health
advisory under paragraph (1)(F) for a
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances not subject to a national primary
drinking water regulation not later than 1 year
after the later of--
``(I) the date on which the
Administrator finalizes a toxicity
value for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the
Administrator validates an effective
quality control and testing procedure
for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances.
``(ii) Waiver.--The Administrator may waive
the requirements of clause (i) with respect to
a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl and polyfluoroalkyl
substances if the Administrator determines that
there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water
with sufficient frequency to justify the
publication of a health advisory, and publishes
such determination, including the information
and analysis used, and basis for, such
determination, in the Federal Register.
``(G) Perfluoroalkyl or polyfluoroalkyl substance
defined.--In this paragraph, the term `perfluoroalkyl
or polyfluoroalkyl substance' means any man-made
chemical with at least one fully fluorinated carbon
atom.''.
SEC. 204. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR MICROCYSTIN
TOXIN.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(17) Microcystin toxin.--Notwithstanding any other
deadline established in this subsection, not later than 2 years
after the date of enactment of the Assistance, Quality, and
Affordability Act of 2024, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for microcystin toxin.''.
SEC. 205. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 1,4-DIOXANE.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(18) 1,4-dioxane.--Notwithstanding any other deadline
established in this subsection, not later than 2 years after
the date of enactment of the Assistance, Quality, and
Affordability Act of 2024, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for 1,4-dioxane.''.
SEC. 206. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR CHROMIUM-6.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(19) Chromium-6.--Notwithstanding any other deadline
established in this subsection, not later than 2 years after
the date of enactment of the Assistance, Quality, and
Affordability Act of 2024, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for chromium-6.''.
SEC. 207. ELIMINATION OF SMALL SYSTEM VARIANCES.
(a) Small System Variances.--Section 1415 (42 U.S.C. 300g-4) of the
Safe Drinking Water Act is amended by striking subsection (e).
(b) Conforming Amendments.--
(1) Section 1412(b)(15) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(15)) is amended by striking subparagraph (D).
(2) Section 1414(c)(1)(B) of the Safe Drinking Water Act
(42 U.S.C. 300g-3(c)(1)(B)) is amended by striking ``, (a)(2),
or (e)'' and inserting ``or (a)(2)''.
(3) Section 1416(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (D).
(4) Section 1445(h) of the Safe Drinking Water Act (42
U.S.C. 300j-4(h)) is amended--
(A) by striking ``sections 1412(b)(4)(E) and
1415(e) (relating to small system variance program)''
and inserting ``section 1412(b)(4)(E)''; and
(B) by striking ``guidance under sections
1412(b)(4)(E) and 1415(e)'' and inserting ``guidance
under section 1412(b)(4)(E)''.
TITLE III--AFFORDABILITY
SEC. 301. WATER AFFORDABILITY PROGRAM.
(a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is further amended by adding at the end the following:
``SEC. 1459I. WATER AFFORDABILITY PROGRAM.
``(a) Establishment.--The Administrator shall establish a program
to annually provide to States and Indian Tribes grants to develop and
carry out drinking water access programs to assist eligible households
in improving or maintaining access to affordable drinking water.
``(b) Grants to States and Indian Tribes.--
``(1) Applications.--Each fiscal year a State or Indian
Tribe may apply for a grant provided under the program
established under subsection (a) by submitting to the
Administrator an application, which shall be in such form as
the Administrator shall require and shall contain assurances
that the State or Indian Tribe will establish a program that
meets the requirements of subsection (c)(1).
``(2) Formula.--The Administrator shall determine the
amount of a grant provided under the program established under
subsection (a) based on--
``(A) the number of eligible households in the
State or under the jurisdiction of the Indian Tribe;
``(B) the number of households in the State, or
under the jurisdiction of the Indian Tribe, with an
income equal to or less than 150 percent of the poverty
level; and
``(C) the number of households in the State, or
under the jurisdiction of the Indian Tribe, that spend
more than 30 percent of the monthly income of the
household on housing.
``(3) Limitations.--
``(A) Water conservation.--Not more than 15 percent
of any grant provided under the program established
under subsection (a) may be used to support efforts to
improve water conservation and reduce water usage.
``(B) Administrative expenses.--Not more than 15
percent of any grant provided under the program
established under subsection (a) may be used to pay for
the administrative expenses of carrying out a drinking
water access program under subsection (c)(1).
``(4) Noncompliance and potential redistribution.--
``(A) Noncompliance.--
``(i) In general.--If the Administrator
determines that a State or Indian Tribe is not
using a grant in accordance with this section,
the Administrator shall provide to the State or
Indian Tribe written notice that describes the
noncompliance. Not later than 60 days of
receiving such written notice, the State or
Indian Tribe shall provide to the Administrator
a plan to remedy the noncompliance described in
the written notice.
``(ii) Noncompliance of community water
system.--If a State or Indian Tribe determines
that a community water system with which the
State or Indian Tribe entered into a contract
or other agreement under subsection (c)(2) is
not using a grant in accordance with this
section, the State or Indian Tribe shall
provide to the community water system written
notice that describes the noncompliance. If
such community water system fails to remedy the
noncompliance by not later than 90 days after
receiving such written notice, the State or
Indian Tribe shall terminate the contract or
other agreement entered into under subsection
(c)(2) and implement the drinking water access
program on behalf of the community water
system.
``(B) Potential redistribution.--The Administrator
may withhold a grant to be provided to a State or
Indian Tribe that has failed to remedy any
noncompliance described in written notice provided
under subparagraph (A) and distribute such grant among
the remaining Indian Tribes in accordance with the
formula described under paragraph (2).
``(c) Drinking Water Access Programs.--
``(1) In general.--A State or Indian Tribe that receives a
grant under the program established under subsection (a) shall
use such grant to carry out a program to assist eligible
households in improving or maintaining access to affordable
drinking water. Each such drinking water access program shall--
``(A) provide covered assistance to eligible
households to be used to improve or maintain access by
such households to affordable drinking water services;
``(B) provide for timely and meaningful public
participation in the development and implementation of
the program, including an opportunity for public
comment;
``(C) subject to the requirement of subparagraph
(H), ensure that such covered assistance is distributed
in a manner that ensures geographic distribution of
such assistance in proportion to the geographic
distribution of eligible households within the State or
under the jurisdiction of the Indian Tribe;
``(D) utilize efficient methods for determining
eligibility of households, including--
``(i) to the maximum extent feasible,
sharing of data from other income-qualified
assistance programs carried out by the State
(including any local government of the State),
the Indian Tribe, or the Federal Government to
facilitate automatic enrollment; and
``(ii) allowance for self-attestation of
income qualification;
``(E) carry out outreach and provide education to
eligible households to ensure that eligible households
are made aware of the covered assistance provided under
the drinking water access program;
``(F) support efforts to improve water conservation
and reduce water usage in residences occupied by
eligible households, including through installation of
water efficient fixtures and leak repairs;
``(G) use effective methods to promote access to
covered assistance provided under the drinking water
access program--
``(i) including by allowing utilities to
receive funds for debt reduction and directly
apply them to customer accounts, and by
allowing for electronic signature; and
``(ii) which may not include requiring in-
person enrollment appointments or asset tests;
``(H) coordinate activities carried out under the
drinking water access program with activities carried
out under similar programs administered by the Federal
Government, States, and Indian Tribes, including
programs related to low-income energy assistance; and
``(I) if such program is carried out by a State,
each fiscal year, provide as covered assistance not
less than 20 percent of such grant to eligible
households that are served by small systems within such
State.
``(2) Contracts with community water systems.--A State or
Indian Tribe may enter into a contract or other agreement with
a community water system under which the community water
system, in accordance with the applicable requirements of
paragraph (1), carries out the drinking water access program of
the State or Indian Tribe with respect to the customers of the
community water system. A contract or other agreement entered
into under this paragraph shall include terms or conditions
that the community water system--
``(A) shall maintain a--
``(i) a long-term financial plan;
``(ii) an asset management plan;
``(iii) a capital improvement plan; and
``(iv) a fiscal management plan; and
``(B) shall demonstrate capacity to create and
implement an effective community outreach plan to
inform eligible households of the availability of
covered assistance under the drinking water access
program.
``(3) Income verification.--In determining the income of a
household for purposes of determining whether the household is
an eligible household, a State, Indian Tribe, or community
water system may use procedures and policies consistent with
procedures and policies used by other low-income assistance
programs.
``(4) Reporting requirements.--As a condition of receiving
a grant under the program established under subsection (a), a
State or Indian Tribe shall submit to the Administrator, in a
manner determined by the Administrator, information regarding
the drinking water access program the State or Indian Tribe
carries out under paragraph (1) (including any part of such
program carried out pursuant to a contract or other agreement
entered into under paragraph (2)), including--
``(A) the design and implementation of the drinking
water access program, including--
``(i) the type of covered assistance
provided;
``(ii) sources of funding other than such
grant;
``(iii) the number of eligible households
that received covered assistance under the
drinking water access program, disaggregated by
type of covered assistance received; and
``(iv) drinking water access program costs;
``(B) the impacts of the drinking water access
program on community water systems and eligible
households that received covered assistance under the
drinking water access program, including--
``(i) the average amount of covered
assistance provided to such eligible
households, disaggregated by type of covered
assistance;
``(ii) the percentage of eligible
households that received covered assistance
under the drinking water access program;
``(iii) the average amount of bill debt
carried by such households before and after
enrollment in the drinking water access
program;
``(iv) the number of annual service
disconnections for nonpayment;
``(v) the resources from community water
systems used to resolve delinquent bills; and
``(vi) the percent of on-time bill
payments;
``(C) barriers to eligible households receiving
covered assistance under the drinking water access
program; and
``(D) any other relevant information the
Administrator may require.
``(5) Prohibition.--A community water system that receives
funding from a drinking water access program (directly as
covered assistance or indirectly from an eligible household
that received covered assistance and is a customer of such
system) may not disconnect or interrupt the service of any
eligible household as a result of nonpayment or arrearages
during any period of one year that begins on the date on which
the eligible household receives covered assistance under the
drinking water access program.
``(6) Non-discrimination.--No person shall on the ground of
race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under, any drinking water access program funded
in whole or in part with funds made available under this
section. Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 or with respect to
an otherwise qualified handicapped individual as provided in
section 504 of the Rehabilitation Act of 1973 also shall apply
to any such drinking water access program.
``(7) Relationship to other existing law and programs.--
``(A) Supplement not supplant.--Covered assistance
provided under a drinking water access program carried
out under paragraph (1)--
``(i) may not be used to replace funds for
any existing, similar local program to assist
households in maintaining access to affordable
drinking water; and
``(ii) may be used to supplement or enhance
such a local program.
``(B) Exemption from income tax.--For purposes of
the Internal Revenue Code of 1986, in the case of any
individual who is a member of an eligible household,
gross income shall not include assistance provided to
such individual pursuant to this section.
``(C) No effect on other benefits or assistance.--
Assistance provided to an eligible household pursuant
to this section shall not be taken into account as
income, and shall not be taken into account as
resources for the month of receipt and the following 12
months, for purposes of determining the eligibility of
such household for benefits or assistance, or the
amount or extent of benefits or assistance, under any
Federal program or under any State or local program
financed in whole or in part with Federal funds.
``(d) Technical Assistance.--
``(1) In general.--The Administrator shall, subject to the
availability of appropriations, provide technical assistance to
States, Indian Tribes, and community water systems that entered
into a contract or other agreement with a State or Indian Tribe
under this section to support the implementation of this
section. Not more than 1 percent of the amount made available
to carry out this section for a fiscal year may be used to
provide technical assistance under this paragraph.
``(2) Grants.--The Administrator may award grants to
nonprofit organizations to provide technical assistance under
paragraph (1). Each nonprofit organization receiving a grant
under this paragraph shall consult with the State, Indian
Tribe, or community water system to which the technical
assistance is to be provided before using the grant. The
Administrator shall prioritize awarding grants under this
paragraph to nonprofit organizations that, as determined by the
Administrator, are the most qualified and experienced in
providing technical assistance to community water systems.
``(e) Guidance.--The Administrator shall provide guidance to
States, Indian Tribes, and community water systems to carry out an
effective drinking water access program in accordance with subsection
(c), including effective methods to inform eligible households of the
availability of covered assistance under such a program.
``(f) Report.--Not later than 2 years after the date on which
grants are first provided to a State or Indian Tribe under the program
established under subsection (a), and each year thereafter, the
Administrator shall submit to Congress a report on the results of such
program.
``(g) Definitions.--In this section:
``(1) Covered assistance.--The term `covered assistance'
means each of the following:
``(A) Direct financial assistance.
``(B) A lifeline rate.
``(C) Bill discounting.
``(D) Special hardship provisions.
``(E) A percentage-of-income payment plan.
``(F) A payment made directly to a customer account
of arrearages or fees from nonpayment for services
provided by a community water system.
``(G) Any other form of assistance identified by
the Administrator.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Eligible household.--The term `eligible household'
means a household--
``(A) that includes an individual who is--
``(i) the holder of an account for drinking
water service that is provided to that
household by a community water system; or
``(ii) separately billed by a landlord that
holds an account with a community water system
for the cost of drinking water service provided
to that household; and
``(B)(i) that has an income that, as determined by
the State in which the household is located, does not
exceed the greater of--
``(I) an amount equal to 150 percent of the
poverty level; and
``(II) an amount equal to 60 percent of the
State median income for that State; or
``(ii) in which 1 or more individuals are
receiving--
``(I) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(II) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(III) assistance under the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.);
``(IV) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(V) payments under--
``(aa) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(bb) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588).
``(4) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income described in the
poverty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the
household.
``(5) Small system.--The term `small system' means a
community water system that serves fewer than 10,000 people.
``(6) State median income.--The term `State median income'
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$1,500,000,000 for each of fiscal years 2025 through 2034 to
carry out this section.
``(2) Set-aside for indian tribes.--The Administrator shall
ensure that not less than 3 percent of the amounts made
available to carry out this section are provided as grants to
Indian Tribes.''.
(b) Conforming Amendments.--
(1) Rural and low-income water assistance pilot program.--
The Infrastructure Investment and Jobs Act (Public Law 117-58)
is amended by striking section 50109.
(2) Definition of indian tribe.--Section 1401(14) of the
Safe Drinking Water Act (42 U.S.C. 300f(14)) is amended by
striking ``and 1459B'' and inserting ``1459B, and 1459I''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Transportation and Infrastructure, 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 Energy and Commerce, and in addition to the Committees on Ways and Means, and Transportation and Infrastructure, 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 Energy and Commerce, and in addition to the Committees on Ways and Means, and Transportation and Infrastructure, 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.
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