79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–380 

DRINKING WATER SYSTEM IMPROVEMENT ACT OF 2017 

NOVEMBER 1, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. WALDEN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 3387] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3387) to amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, 

and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as 

amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 12 

Background and Need for Legislation .................................................................... 12 

Committee Action .................................................................................................... 15 

Committee Votes ...................................................................................................... 16 

Oversight Findings and Recommendations ........................................................... 16 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 17 

Congressional Budget Office Estimate ................................................................... 17 

Federal Mandates Statement ................................................................................. 23 

Statement of General Performance Goals and Objectives .................................... 24 

Duplication of Federal Programs ............................................................................ 24 

Committee Cost Estimate ....................................................................................... 24 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 24 

Disclosure of Directed Rule Makings ..................................................................... 24 

Advisory Committee Statement .............................................................................. 24 

Applicability to Legislative Branch ........................................................................ 24 


dlhill on DSK3GLQ082PROD with HEARING
2 

Section-by-Section Analysis of the Legislation ...................................................... 24 

Changes in Existing Law Made by the Bill, as Reported ..................................... 39 

Additional Views ...................................................................................................... 99 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Drinking Water System Improvement Act of 2017’’. 

SEC. 2. IMPROVED CONSUMER CONFIDENCE REPORTS. 

Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)(4)) is 

amended— 

(1) in the heading for subparagraph (A), by striking ‘‘ANNUAL REPORTS’’ and 

inserting ‘‘REPORTS’’; 

(2) in subparagraph (A), by inserting ‘‘, or provide by electronic means,’’ after 

‘‘to mail’’; 

(3) in subparagraph (B)— 

(A) in clause (iv), by striking ‘‘the Administrator, and’’ and inserting ‘‘the 

Administrator, including corrosion control efforts, and’’; and 

(B) by adding at the end the following clause: 

‘‘(vii) Identification of, if any— 

‘‘(I) exceedances described in paragraph (1)(D) for which corrective action has been required by the Administrator or the State (in 

the case of a State exercising primary enforcement responsibility 

for public water systems) during the monitoring period covered by 

the consumer confidence report; and 

‘‘(II) violations that occurred during the monitoring period covered by the consumer confidence report.’’; and 

(4) by adding at the end the following new subparagraph: 

‘‘(F) REVISIONS.— 

‘‘(i) UNDERSTANDABILITY AND FREQUENCY.—Not later than 24 months 

after the Drinking Water System Improvement Act of 2017, the Administrator, in consultation with the parties identified in subparagraph (A), 

shall issue revisions to the regulations issued under subparagraph 

(A)— 

‘‘(I) to increase— 

‘‘(aa) the readability, clarity, and understandability of the information presented in consumer confidence reports; and 

‘‘(bb) the accuracy of information presented, and risk communication, in consumer confidence reports; and 

‘‘(II) with respect to community water systems that serve 10,000 

or more persons, to require each such community water system to 

provide, by mail, electronic means, or other methods described in 

clause (ii), a consumer confidence report to each customer of the 

system at least biannually. 

‘‘(ii) ELECTRONIC DELIVERY.—Any revision of regulations pursuant to 

clause (i) shall allow delivery of consumer confidence reports by methods consistent with methods described in the memorandum ‘Safe 

Drinking Water Act–Consumer Confidence Report Rule Delivery Options’ issued by the Environmental Protection Agency on January 3, 

2013.’’. 

SEC. 3. CONTRACTUAL AGREEMENTS. 

(a) IN GENERAL.—Section 1414(h)(1) of the Safe Drinking Water Act (42 U.S.C. 

300g–3(h)(1)) is amended— 

(1) in subparagraph (B), by striking ‘‘or’’ after the semicolon; 

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; 

and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) entering into a contractual agreement for significant management or 

administrative functions of the system to correct violations identified in the 

plan.’’. 

(b) TECHNICAL AMENDMENT.—Section 1414(i)(1) of the Safe Drinking Water Act 

(42 U.S.C. 300g–3(i)(1)) is amended by inserting a comma after ‘‘1417’’. 

SEC. 4. CONSOLIDATION. 

(a) MANDATORY ASSESSMENT AND CONSOLIDATION.—Subsection (h) of section 1414 

of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended by adding at the end 

the following: 


dlhill on DSK3GLQ082PROD with HEARING
3 

‘‘(3) AUTHORITY FOR MANDATORY ASSESSMENT AND MANDATORY CONSOLIDA- TION.— 

‘‘(A) MANDATORY ASSESSMENT.—A State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public 

water system to assess options for consolidation, or transfer of ownership 

of the system, as described in paragraph (1), if— 

‘‘(i) the public water system— 

‘‘(I) has repeatedly violated one or more national primary drinking water regulations and such repeated violations are likely to adversely affect human health; and 

‘‘(II)(aa) is unable or unwilling to take feasible and affordable actions, as identified by the State with primary enforcement responsibility or the Administrator (if the State does not have primary 

enforcement responsibility), that will result in the public water system complying with the national primary drinking water regulations described in subclause (I), including accessing technical assistance and financial assistance through the State loan fund pursuant to section 1452; or 

‘‘(bb) has already undertaken actions described in item (aa) without achieving compliance; 

‘‘(ii) such consolidation or transfer is feasible; and 

‘‘(iii) such consolidation or transfer could result in greater compliance 

with national primary drinking water regulations. 

‘‘(B) MANDATORY CONSOLIDATION.—After review of an assessment under 

subparagraph (A), a State with primary enforcement responsibility or the 

Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system that 

completed such assessment to submit a plan for consolidation, or transfer 

of ownership of the system, under paragraph (1), and complete the actions 

required under such plan if— 

‘‘(i) the owner or operator of the public water system— 

‘‘(I) has not taken steps to complete consolidation; 

‘‘(II) has not transferred ownership of the system; or 

‘‘(III) was unable to achieve compliance after taking the actions 

described in clause (i)(II)(aa) of subparagraph (A); 

‘‘(ii) since completing such assessment, the public water system has 

violated one or more national primary drinking water regulations and 

such violations are likely to adversely affect human health; and 

‘‘(iii) such consolidation or transfer is feasible. 

‘‘(4) FINANCIAL ASSISTANCE.—Notwithstanding section 1452(a)(3), a public 

water system undertaking consolidation or transfer of ownership or alternative 

actions to achieve compliance pursuant to this subsection may receive assistance under section 1452 to carry out such consolidation, transfer, or alternative 

actions. 

‘‘(5) PROTECTION OF NONRESPONSIBLE SYSTEM.— 

‘‘(A) IDENTIFICATION OF LIABILITIES.— 

‘‘(i) IN GENERAL.—An owner or operator of a public water system submitting a plan pursuant to paragraph (3) shall identify as part of such 

plan— 

‘‘(I) any potential liability for damages arising from each specific 

violation identified in the plan of which the owner or operator is 

aware; and 

‘‘(II) any funds or other assets that are available to satisfy such 

liability, as of the date of submission of such plan, to the public 

water system that committed such violation. 

‘‘(ii) INCLUSION.—In carrying out clause (i), the owner or operator 

shall take reasonable steps to ensure that all potential liabilities for 

damages arising from each specific violation identified in the plan submitted pursuant to paragraph (3) are identified. 

‘‘(B) RESERVATION OF FUNDS.—A public water system that has completed 

the actions required under a plan submitted and approved pursuant to 

paragraph (3) shall not be liable under this title for a violation of this title 

identified in the plan, except to the extent to which funds or other assets 

are identified pursuant to subparagraph (A)(i)(II) as available to satisfy 

such liability. 

‘‘(6) REGULATIONS.—Not later than 2 years after the date of enactment of the 

Drinking Water System Improvement Act of 2017, the Administrator shall promulgate regulations to implement paragraphs (3), (4), and (5).’’. 


dlhill on DSK3GLQ082PROD with HEARING
4 

(b) RETENTION OF PRIMARY ENFORCEMENT AUTHORITY.— (1) IN GENERAL.—Section 1413(a) of the Safe Drinking Water Act (42 U.S.C. 

300g–2(a)) is amended— 

(A) in paragraph (5), by striking ‘‘; and’’ and inserting a semicolon; 

(B) by redesignating paragraph (6) as paragraph (7); and 

(C) by inserting after paragraph (5) the following new paragraph: 

‘‘(6) has adopted and is implementing procedures for requiring public water 

systems to assess options for, and complete, consolidation or transfer of ownership, in accordance with the regulations issued by the Administrator under section 1414(h)(6); and’’. 

(2) CONFORMING AMENDMENT.—Section 1413(b)(1) of the Safe Drinking Water 

Act (42 U.S.C. 300g–2(b)(1)) is amended by striking ‘‘of paragraphs (1), (2), (3), 

and (4)’’. 

SEC. 5. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING DATA. 

Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended by 

adding at the end the following new subsection: 

‘‘(j) IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING DATA.— ‘‘(1) STRATEGIC PLAN.—Not later than 1 year after the date of enactment of 

this subsection, the Administrator, in coordination with States, public water 

systems, and other interested stakeholders, shall develop and provide to Congress a strategic plan for improving the accuracy and availability of monitoring 

data collected to demonstrate compliance with national primary drinking water 

regulations and submitted— 

‘‘(A) by public water systems to States; or 

‘‘(B) by States to the Administrator. 

‘‘(2) EVALUATION.—In developing the strategic plan under paragraph (1), the 

Administrator shall evaluate any challenges faced— 

‘‘(A) in ensuring the accuracy and integrity of submitted data described 

in paragraph (1); 

‘‘(B) by States and public water systems in implementing an electronic 

system for submitting such data, including the technical and economic feasibility of implementing such a system; and 

‘‘(C) by users of such electronic systems in being able to access such data. 

‘‘(3) FINDINGS AND RECOMMENDATIONS.—The Administrator shall include in 

the strategic plan provided to Congress under paragraph (1)— 

‘‘(A) a summary of the findings of the evaluation under paragraph (2); 

and 

‘‘(B) recommendations on practicable, cost-effective methods and means 

that can be employed to improve the accuracy and availability of submitted 

data described in paragraph (1). 

‘‘(4) CONSULTATION.—In developing the strategic plan under paragraph (1), 

the Administrator may, as appropriate, consult with States or other Federal 

agencies that have experience using practicable methods and means to improve 

the accuracy and availability of submitted data described in such paragraph.’’. 

SEC. 6. ASSET MANAGEMENT. 

Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g–9) is amended— 

(1) in subsection (c)(2)— 

(A) in subparagraph (D), by striking ‘‘; and’’ and inserting a semicolon; 

(B) in subparagraph (E), by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(F) a description of how the State will, as appropriate— 

‘‘(i) encourage development by public water systems of asset management plans that include best practices for asset management; and 

‘‘(ii) assist, including through the provision of technical assistance, 

public water systems in training operators or other relevant and appropriate persons in implementing such asset management plans.’’; 

(2) in subsection (c)(3), by inserting ‘‘, including efforts of the State to encourage development by public water systems of asset management plans and to assist public water systems in training relevant and appropriate persons in implementing such asset management plans’’ after ‘‘public water systems in the 

State’’; and 

(3) in subsection (d), by adding at the end the following new paragraph: 

‘‘(5) INFORMATION ON ASSET MANAGEMENT PRACTICES.—Not later than 5 years 

after the date of enactment of this paragraph, and not less often than every 5 

years thereafter, the Administrator shall review and, if appropriate, update 

educational materials, including handbooks, training materials, and technical 

information, made available by the Administrator to owners, managers, and opVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6621 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
5 

erators of public water systems, local officials, technical assistance providers 

(including nonprofit water associations), and State personnel concerning best 

practices for asset management strategies that may be used by public water 

systems.’’. 

SEC. 7. COMMUNITY WATER SYSTEM RISK AND RESILIENCE. 

(a) IN GENERAL.—Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i– 

2) is amended to read as follows: 

‘‘SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE. 

‘‘(a) RISK AND RESILIENCE ASSESSMENTS.— ‘‘(1) IN GENERAL.—Each community water system serving a population of 

greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an assessment— 

‘‘(A) shall include an assessment of— 

‘‘(i) the risk to the system from malevolent acts and natural hazards; 

‘‘(ii) the resilience of the pipes and constructed conveyances, physical 

barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other 

automated systems (including the security of such systems) which are 

utilized by the system; 

‘‘(iii) the monitoring practices of the system; 

‘‘(iv) the financial infrastructure of the system; 

‘‘(v) the use, storage, or handling of various chemicals by the system; 

and 

‘‘(vi) the operation and maintenance of the system; and 

‘‘(B) may include an evaluation of capital and operational needs for risk 

and resilience management for the system. 

‘‘(2) BASELINE INFORMATION.—The Administrator, not later than August 1, 

2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline 

information on malevolent acts of relevance to community water systems, which 

shall include consideration of acts that may— 

‘‘(A) substantially disrupt the ability of the system to provide a safe and 

reliable supply of drinking water; or 

‘‘(B) otherwise present significant public health or economic concerns to 

the community served by the system. 

‘‘(3) CERTIFICATION.— ‘‘(A) CERTIFICATION.—Each community water system described in paragraph (1) shall submit to the Administrator a certification that the system 

has conducted an assessment complying with paragraph (1). Such certification shall be made prior to— 

‘‘(i) March 31, 2020, in the case of systems serving a population of 

100,000 or more; 

‘‘(ii) December 31, 2020, in the case of systems serving a population 

of 50,000 or more but less than 100,000; and 

‘‘(iii) June 30, 2021, in the case of systems serving a population greater than 3,300 but less than 50,000. 

‘‘(B) REVIEW AND REVISION.—Each community water system described in 

paragraph (1) shall review the assessment of such system conducted under 

such paragraph at least once every 5 years after the applicable deadline for 

submission of its certification under subparagraph (A) to determine whether such assessment should be revised. Upon completion of such a review, 

the community water system shall submit to the Administrator a certification that the system has reviewed its assessment and, if applicable, revised such assessment. 

‘‘(4) CONTENTS OF CERTIFICATIONS.—A certification required under paragraph 

(3) shall contain only— 

‘‘(A) information that identifies the community water system submitting 

the certification; 

‘‘(B) the date of the certification; and 

‘‘(C) a statement that the community water system has conducted, reviewed, or revised the assessment, as applicable. 

‘‘(5) PROVISION TO OTHER ENTITIES.—No community water system shall be required under State or local law to provide an assessment described in this section (or revision thereof) to any State, regional, or local governmental entity 

solely by reason of the requirement set forth in paragraph (3) that the system 

submit a certification to the Administrator. 

‘‘(b) EMERGENCY RESPONSE PLAN.—Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency reVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
6 

sponse plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto). Each community water system shall certify to the Administrator, as soon as reasonably possible after the date 

of enactment of the Drinking Water System Improvement Act of 2017, but not later 

than 6 months after completion of the assessment under subsection (a), that the system has completed such plan. The emergency response plan shall include— 

‘‘(1) strategies and resources to improve the resilience of the system, including 

the physical security and cybersecurity of the system; 

‘‘(2) plans and procedures that can be implemented, and identification of 

equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe 

drinking water; 

‘‘(3) actions, procedures, and equipment which can obviate or significantly 

lessen the impact of a malevolent act or natural hazard on the public health 

and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers; and 

‘‘(4) strategies that can be used to aid in the detection of malevolent acts or 

natural hazards that threaten the security or resilience of the system. 

‘‘(c) COORDINATION.—Community water systems shall, to the extent possible, coordinate with existing local emergency planning committees established pursuant to 

the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 

11001 et seq.) when preparing or revising an assessment or emergency response 

plan under this section. 

‘‘(d) RECORD MAINTENANCE.—Each community water system shall maintain a 

copy of the assessment conducted under subsection (a) and the emergency response 

plan prepared under subsection (b) (including any revised assessment or plan) for 

5 years after the date on which a certification of such assessment or plan is submitted to the Administrator under this section. 

‘‘(e) GUIDANCE TO SMALL PUBLIC WATER SYSTEMS.—The Administrator shall provide guidance and technical assistance to community water systems serving a population of less than 3,300 persons on how to conduct resilience assessments, prepare 

emergency response plans, and address threats from malevolent acts and natural 

hazards that threaten to disrupt the provision of safe drinking water or significantly 

affect the public health or significantly affect the safety or supply of drinking water 

provided to communities and individuals. 

‘‘(f) ALTERNATIVE PREPAREDNESS AND OPERATIONAL RESILIENCE PROGRAMS.— 

‘‘(1) SATISFACTION OF REQUIREMENT.—A community water system that is required to comply with the requirements of subsections (a) and (b) may satisfy 

such requirements by— 

‘‘(A) using and complying with technical standards that the Administrator 

has recognized under paragraph (2); and 

‘‘(B) submitting to the Administrator a certification that the community 

water system is complying with subparagraph (A). 

‘‘(2) AUTHORITY TO RECOGNIZE.—Consistent with section 12(d) of the National 

Technology Transfer and Advancement Act of 1995, the Administrator shall recognize technical standards that are developed or adopted by third-party organizations or voluntary consensus standards bodies that carry out the objectives 

or activities required by this section as a means of satisfying the requirements 

under subsection (a) or (b). 

‘‘(g) TECHNICAL ASSISTANCE AND GRANTS.— 

‘‘(1) IN GENERAL.—The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Risk and Resilience 

Program, under which the Administrator may award grants in each of fiscal 

years 2018 through 2022 to owners or operators of community water systems 

for the purpose of increasing the resilience of such community water systems. 

‘‘(2) USE OF FUNDS.—As a condition on receipt of a grant under this section, 

an owner or operator of a community water system shall agree to use the grant 

funds exclusively to assist in the planning, design, construction, or implementation of a program or project consistent with an emergency response plan prepared pursuant to subsection (b), which may include— 

‘‘(A) the purchase and installation of equipment for detection of drinking 

water contaminants or malevolent acts; 

‘‘(B) the purchase and installation of fencing, gating, lighting, or security 

cameras; 

‘‘(C) the tamper-proofing of manhole covers, fire hydrants, and valve 

boxes; 

‘‘(D) the purchase and installation of improved treatment technologies 

and equipment to improve the resilience of the system; 


dlhill on DSK3GLQ082PROD with HEARING
7 

‘‘(E) improvements to electronic, computer, financial, or other automated 

systems and remote systems; 

‘‘(F) participation in training programs, and the purchase of training 

manuals and guidance materials, relating to security and resilience; 

‘‘(G) improvements in the use, storage, or handling of chemicals by the 

community water system; 

‘‘(H) security screening of employees or contractor support services; 

‘‘(I) equipment necessary to support emergency power or water supply, including standby and mobile sources; and 

‘‘(J) the development of alternative source water options, relocation of 

water intakes, and construction of flood protection barriers. 

‘‘(3) EXCLUSIONS.—A grant under this subsection may not be used for personnel costs, or for monitoring, operation, or maintenance of facilities, equipment, or systems. 

‘‘(4) TECHNICAL ASSISTANCE.—For each fiscal year, the Administrator may use not more than $5,000,000 from the funds made available to carry out this subsection to provide technical assistance to community water systems to assist in 

responding to and alleviating a vulnerability that would substantially disrupt 

the ability of the system to provide a safe and reliable supply of drinking water 

(including sources of water for such systems) which the Administrator determines to present an immediate and urgent need. 

‘‘(5) GRANTS FOR SMALL SYSTEMS.—For each fiscal year, the Administrator may use not more than $10,000,000 from the funds made available to carry out 

this subsection to make grants to community water systems serving a population of less than 3,300 persons, or nonprofit organizations receiving assistance 

under section 1442(e), for activities and projects undertaken in accordance with 

the guidance provided to such systems under subsection (e) of this section. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection, there are authorized to be appropriated $35,000,000 for each of fiscal years 2018 

through 2022. 

‘‘(h) DEFINITIONS.—In this section— 

‘‘(1) the term ‘resilience’ means the ability of a community water system or 

an asset of a community water system to adapt to or withstand the effects of 

a malevolent act or natural hazard without interruption to the asset’s or system’s function, or if the function is interrupted, to rapidly return to a normal 

operating condition; and 

‘‘(2) the term ‘natural hazard’ means a natural event that threatens the functioning of a community water system, including an earthquake, tornado, flood, 

hurricane, wildfire, and hydrologic changes.’’. 

(b) SENSITIVE INFORMATION.— (1) PROTECTION FROM DISCLOSURE.—Information submitted to the Administrator of the Environmental Protection Agency pursuant to section 1433 of the 

Safe Drinking Water Act, as in effect on the day before the date of enactment 

of the Drinking Water System Improvement Act of 2017, shall be protected from 

disclosure in accordance with the provisions of such section as in effect on such 

day. 

(2) DISPOSAL.—The Administrator, in partnership with community water systems (as defined in section 1401 of the Safe Drinking Water Act), shall develop 

a strategy to, in a timeframe determined appropriate by the Administrator, securely and permanently dispose of, or return to the applicable community water 

system, any information described in paragraph (1). 

SEC. 8. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS. 

Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j–2(a)(7)) is 

amended by striking ‘‘$100,000,000 for each of fiscal years 1997 through 2003’’ and 

inserting ‘‘$150,000,000 for each of fiscal years 2018 through 2022’’. 

SEC. 9. MONITORING FOR UNREGULATED CONTAMINANTS. 

(a) IN GENERAL.—Section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j– 

4) is amended by adding at the end the following: 

‘‘(j) MONITORING BY CERTAIN SYSTEMS.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2)(A), the Administrator 

shall, subject to the availability of appropriations for such purpose— 

‘‘(A) require public water systems serving between 3,300 and 10,000 persons to monitor for unregulated contaminants in accordance with this section; and 

‘‘(B) ensure that only a representative sample of public water systems 

serving less than 3,300 persons are required to monitor. 

‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take effect 3 years after the date 

of enactment of this subsection. 


dlhill on DSK3GLQ082PROD with HEARING
8 

‘‘(3) LIMITATION.—Paragraph (1) shall take effect unless the Administrator determines that there is not sufficient laboratory capacity to accommodate the 

analysis necessary to carry out monitoring required under such paragraph. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $15,000,000 in each fiscal year for which monitoring is required to be 

carried out under this subsection for the Administrator to pay the reasonable 

cost of such testing and laboratory analysis as are necessary to carry out monitoring required under this subsection.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1445(a)(2)(H) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(H)) is amended by striking ‘‘1997 through 

2003’’ and inserting ‘‘2018 through 2022’’. 

(c) INCLUSION IN DATA BASE.—Section 1445(g)(7) of the Safe Drinking Water Act 

(42 U.S.C. 300j–4(g)(7)) is amended by— 

(1) striking ‘‘and’’ at the end of subparagraph (B); 

(2) redesignating subparagraph (C) as subparagraph (D); and 

(3) inserting after subparagraph (B) the following: 

‘‘(C) if applicable, monitoring information collected by public water systems pursuant to subsection (j) that is not duplicative of monitoring information included in the data base under subparagraph (B) or (D); and’’. 

SEC. 10. STATE REVOLVING LOAN FUNDS. 

(a) USE OF FUNDS.—Section 1452(a)(2)(B) of the Safe Drinking Water Act (42 

U.S.C. 300j–12(a)(2)(B)) is amended by striking ‘‘(including expenditures for planning, design, and associated preconstruction activities, including activities relating 

to the siting of the facility, but not’’ and inserting ‘‘(including expenditures for planning, design, siting, and associated preconstruction activities, or for replacing or rehabilitating aging treatment, storage, or distribution facilities of public water systems, but not’’. 

(b) AMERICAN IRON AND STEEL PRODUCTS.—Section 1452(a)(4)(A) of the Safe 

Drinking Water Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘fiscal year 

2017’’ and inserting ‘‘fiscal years 2018 through 2022’’. 

(c) EVALUATION.—Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j– 

12(a)) is amended by adding at the end the following: 

‘‘(5) EVALUATION.—During fiscal years 2018 through 2022, a State may provide financial assistance under this section to a public water system serving a 

population of more than 10,000 for an expenditure described in paragraph (2) 

only if the public water system— 

‘‘(A) considers the cost and effectiveness of relevant processes, materials, 

techniques, and technologies for carrying out the project or activity that is 

the subject of the expenditure; and 

‘‘(B) certifies to the State, in a form and manner determined by the State, 

that the public water system has made such consideration.’’. 

(d) PREVAILING WAGES.—Section 1452(a) of the Safe Drinking Water Act (42 

U.S.C. 300j–12(a)) is further amended by adding at the end the following: 

‘‘(6) PREVAILING WAGES.—The requirements of section 1450(e) shall apply to 

any construction project carried out in whole or in part with assistance made 

available by a drinking water treatment revolving loan fund.’’. 

(e) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.—Section 1452(d)(2) of the Safe 

Drinking Water Act (42 U.S.C. 300j–12(d)(2)) is amended to read as follows: 

‘‘(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, of the amount of the 

capitalization grant received by the State for the year, the total amount of loan 

subsidies made by a State pursuant to paragraph (1)— 

‘‘(A) may not exceed 35 percent; and 

‘‘(B) to the extent that there are sufficient applications for loans to communities described in paragraph (1), may not be less than 6 percent.’’. 

(f) TYPES OF ASSISTANCE.—Section 1452(f)(1) of the Safe Drinking Water Act (42 

U.S.C. 300j–12(f)(1)) is amended— 

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), 

respectively; 

(2) by inserting after subparagraph (B) the following new subparagraph: 

‘‘(C) each loan will be fully amortized not later than 30 years after the 

completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended 

term for a loan, if the extended term— 

‘‘(i) terminates not later than the date that is 40 years after the date 

of project completion; and 

‘‘(ii) does not exceed the expected design life of the project;’’; and 

(3) in subparagraph (B), by striking ‘‘1 year after completion of the project for 

which the loan was made’’ and all that follows through ‘‘design life of the 


dlhill on DSK3GLQ082PROD with HEARING
9 

project;’’ and inserting ‘‘18 months after completion of the project for which the 

loan was made;’’. 

(g) NEEDS SURVEY.—Section 1452(h) of the Safe Drinking Water Act (42 U.S.C. 

300j–12(h)) is amended— 

(1) by striking ‘‘The Administrator’’ and inserting ‘‘(1) The Administrator’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Any assessment conducted under paragraph (1) after the date of enactment 

of the Drinking Water System Improvement Act of 2017 shall include an assessment 

of costs to replace all lead service lines (as defined in section 1459B(a)(4)) of all eligible public water systems in the United States, and such assessment shall describe 

separately the costs associated with replacing the portions of such lead service lines 

that are owned by an eligible public water system and the costs associated with replacing any remaining portions of such lead service lines, to the extent practicable.’’. 

(h) OTHER AUTHORIZED ACTIVITIES.—Section 1452(k)(1)(C) of the Safe Drinking 

Water Act (42 U.S.C. 300j–12(k)(1)(C)) is amended by striking ‘‘for fiscal years 1996 

and 1997 to delineate and assess source water protection areas in accordance with 

section 1453’’ and inserting ‘‘to delineate, assess, and update assessments for source 

water protection areas in accordance with section 1453’’. 

(i) AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES FOR STATE DRINKING

WATER TREATMENT REVOLVING LOAN FUNDS.—Section 1452(m) of the Safe Drinking 

Water Act (42 U.S.C. 300j–12(m)) is amended— 

(1) by striking the first sentence and inserting the following: 

‘‘(1) There are authorized to be appropriated to carry out the purposes of this 

section— 

‘‘(A) $1,200,000,000 for fiscal year 2018; 

‘‘(B) $1,400,000,000 for fiscal year 2019; 

‘‘(C) $1,600,000,000 for fiscal year 2020; 

‘‘(D) $1,800,000,000 for fiscal year 2021; and 

‘‘(E) $2,000,000,000 for fiscal year 2022.’’; 

(2) by striking ‘‘To the extent amounts authorized to be’’ and inserting the following: 

‘‘(2) To the extent amounts authorized to be’’; and 

(3) by striking ‘‘(prior to the fiscal year 2004)’’. 

(j) BEST PRACTICES FOR ADMINISTRATION OF STATE REVOLVING LOAN FUNDS.—Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended by adding 

after subsection (r) the following: 

‘‘(s) BEST PRACTICES FOR STATE LOAN FUND ADMINISTRATION.—The Administrator 

shall— 

‘‘(1) collect information from States on administration of State loan funds established pursuant to subsection (a)(1), including— 

‘‘(A) efforts to streamline the process for applying for assistance through 

such State loan funds; 

‘‘(B) programs in place to assist with the completion of applications for 

assistance through such State loan funds; 

‘‘(C) incentives provided to public water systems that partner with small 

public water systems to assist with the application process for assistance 

through such State loan funds; 

‘‘(D) practices to ensure that amounts in such State loan funds are used 

to provide loans, loan guarantees, or other authorized assistance in a timely 

fashion; 

‘‘(E) practices that support effective management of such State loan 

funds; 

‘‘(F) practices and tools to enhance financial management of such State 

loan funds; and 

‘‘(G) key financial measures for use in evaluating State loan fund operations, including— 

‘‘(i) measures of lending capacity, such as current assets and current 

liabilities or undisbursed loan assistance liability; and 

‘‘(ii) measures of growth or sustainability, such as return on net interest; 

‘‘(2) not later than 3 years after the date of enactment of the Drinking Water 

System Improvement Act of 2017, disseminate to the States best practices for 

administration of such State loan funds, based on the information collected pursuant to this subsection; and 

‘‘(3) periodically update such best practices, as appropriate.’’. 


dlhill on DSK3GLQ082PROD with HEARING
10 

SEC. 11. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS. 

Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j–14(e)) is amended 

by striking ‘‘1997 through 2003’’ and inserting ‘‘2018 through 2022’’. 

SEC. 12. REVIEW OF TECHNOLOGIES. 

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. 1459C. REVIEW OF TECHNOLOGIES. 

‘‘(a) REVIEW.—The Administrator, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall review (or enter into contracts or cooperative agreements to provide for 

a review of) existing and potential methods, means, equipment, and technologies (including review of cost, availability, and efficacy of such methods, means, equipment, 

and technologies) that— 

‘‘(1) ensure the physical integrity of community water systems; 

‘‘(2) prevent, detect, and respond to any contaminant for which a national primary drinking water regulation has been promulgated in community water systems and source water for community water systems; 

‘‘(3) allow for use of alternate drinking water supplies from nontraditional 

sources; and 

‘‘(4) facilitate source water assessment and protection. 

‘‘(b) INCLUSIONS.—The review under subsection (a) shall include review of methods, means, equipment, and technologies— 

‘‘(1) that are used for corrosion protection, metering, leak detection, or protection against water loss; 

‘‘(2) that are intelligent systems, including hardware, software, or other technology, used to assist in protection and detection described in paragraph (1); 

‘‘(3) that are point-of-use devices or point-of-entry devices; 

‘‘(4) that are physical or electronic systems that monitor, or assist in monitoring, contaminants in drinking water in real-time; and 

‘‘(5) that allow for the use of nontraditional sources for drinking water, including physical separation and chemical and biological transformation technologies. 

‘‘(c) AVAILABILITY.—The Administrator shall make the results of the review under 

subsection (a) available to the public. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator to carry out this section $10,000,000 for fiscal year 

2018, which shall remain available until expended.’’. 

SEC. 13. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS. 

(a) IN GENERAL.—Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS. 

‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this 

section, the Administrator shall establish a grant program to provide assistance to 

local educational agencies for the replacement of drinking water fountains manufactured prior to 1988. 

‘‘(b) USE OF FUNDS.—Funds awarded under the grant program— 

‘‘(1) shall be used to pay the costs of replacement of drinking water fountains 

in schools; and 

‘‘(2) may be used to pay the costs of monitoring and reporting of lead levels 

in the drinking water of schools of a local educational agency receiving such 

funds, as determined appropriate by the Administrator. 

‘‘(c) PRIORITY.—In awarding funds under the grant program, the Administrator 

shall give priority to local educational agencies based on economic need. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section not more than $5,000,000 for each of fiscal years 

2018 through 2022.’’. 

(b) DEFINITIONS.—Section 1461(5) of the Safe Drinking Water Act (42 U.S.C. 300j– 

21(5)) is amended by inserting ‘‘or drinking water fountain’’ after ‘‘water cooler’’ each 

place it appears. 

SEC. 14. SOURCE WATER. 

(a) ADDRESSING SOURCE WATER USED FOR DRINKING WATER.—Section 304 of the 

Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11004) 

is amended— 

(1) in subsection (b)(1), by striking ‘‘State emergency planning commission’’ 

and inserting ‘‘State emergency response commission’’; and 

(2) by adding at the end the following new subsection: 

‘‘(e) ADDRESSING SOURCE WATER USED FOR DRINKING WATER.— 


dlhill on DSK3GLQ082PROD with HEARING
11 

‘‘(1) APPLICABLE STATE AGENCY NOTIFICATION.—A State emergency response 

commission shall— 

‘‘(A) promptly notify the applicable State agency of any release that requires notice under subsection (a); 

‘‘(B) provide to the applicable State agency the information identified in 

subsection (b)(2); and 

‘‘(C) provide to the applicable State agency a written followup emergency 

notice in accordance with subsection (c). 

‘‘(2) COMMUNITY WATER SYSTEM NOTIFICATION.— 

‘‘(A) IN GENERAL.—An applicable State agency receiving notice of a release under paragraph (1) shall— 

‘‘(i) promptly forward such notice to any community water system the 

source waters of which are affected by the release; 

‘‘(ii) forward to the community water system the information provided under paragraph (1)(B); and 

‘‘(iii) forward to the community water system the written followup 

emergency notice provided under paragraph (1)(C). 

‘‘(B) DIRECT NOTIFICATION.—In the case of a State that does not have an 

applicable State agency, the State emergency response commission shall 

provide the notices and information described in paragraph (1) directly to 

any community water system the source waters of which are affected by a 

release that requires notice under subsection (a). 

‘‘(3) DEFINITIONS.—In this subsection: 

‘‘(A) COMMUNITY WATER SYSTEM.—The term ‘community water system’ 

has the meaning given such term in section 1401(15) of the Safe Drinking 

Water Act. 

‘‘(B) APPLICABLE STATE AGENCY.—The term ‘applicable State agency’ 

means the State agency that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the State.’’. 

(b) AVAILABILITY TO COMMUNITY WATER SYSTEMS.—Section 312(e) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11022(e)) is 

amended— 

(1) in paragraph (1), by striking ‘‘State emergency planning commission’’ and 

inserting ‘‘State emergency response commission’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(4) AVAILABILITY TO COMMUNITY WATER SYSTEMS.— 

‘‘(A) IN GENERAL.—An affected community water system may have access 

to tier II information by submitting a request to the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II information, the State commission or local committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the 

affected community water system. 

‘‘(B) DEFINITION.—In this paragraph, the term ‘affected community water 

system’ means a community water system (as defined in section 1401(15) 

of the Safe Drinking Water Act) that receives supplies of drinking water 

from a source water area, delineated under section 1453 of the Safe Drinking Water Act, in which a facility that is required to prepare and submit 

an inventory form under subsection (a)(1) is located.’’. 

SEC. 15. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS. 

(a) REPORT.—Not later than one year after the date of enactment of this Act, the 

Comptroller General shall submit to Congress a report containing the results of a 

study, to be conducted in consultation with the Administrator of the Environmental 

Protection Agency, any State agency that has primary responsibility to enforce the 

requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) in a State, 

and public water systems, to identify demonstrations of compliance with a State or 

local environmental law that may be substantially equivalent to any demonstration 

required by the Administrator for compliance with a Federal cross-cutting requirement. 

(b) DEFINITIONS.—In this subsection: 

(1) FEDERAL CROSS-CUTTING REQUIREMENT.—The term ‘‘Federal cross-cutting 

requirement’’ means a requirement of a Federal law or regulation, compliance 

with which is a condition on receipt of a loan or loan guarantee pursuant to 

section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), that, if applied 

with respect to projects and activities for which a public water system receives 

such a loan or loan guarantee, would be substantially equivalent to a requirement of an applicable State or local law. 


dlhill on DSK3GLQ082PROD with HEARING
12 

1http://www.infrastructurereportcard.org/wp-content/uploads/2017/01/Drinking-WaterFinal.pdf 2http://www.crs.gov/Reports/ 

RL31243?source=search&guid=c987b8c3502d477b8842999a6ea62e7a&index=10 3 American Water Works Association, Buried No Longer: Confronting American’s Water Infrastructure Challenge, 2012, http://www.awwa.org/legislation-regulation/issues/infrastructure-financing.aspx. 4Op. Cit. 

5https://www.epa.gov/sites/production/files/2015-07/documents/epa816r13006.pdf 

6http://www.crs.gov/Reports/RS22037?source=search&guid=923f50f6c1274772996da7f8f1a 

3551b&index=6#_Toc466362844 

(2) PUBLIC WATER SYSTEM.—The term ‘‘public water system’’ has the meaning 

given that term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). 

PURPOSE AND SUMMARY

The purpose of the bill is to amend the Safe Drinking Water Act 

to improve public water systems and enhance compliance with such 

Act. 

BACKGROUND AND NEED FOR LEGISLATION

The United States uses 42 billion gallons of water a day—treated 

to meet Federal drinking water standards—to support a variety of 

needs.1 According to the Congressional Research Service (CRS), 

more than 299 million Americans are served by more than 51,300 

community water systems (CWSs). Most community water systems 

(82 percent of all CWSs) are relatively small, serving 3,300 people 

or fewer; but these systems provide water to just 9 percent of the 

total population served by community water systems. In contrast, 

8 percent of all CWSs serve 82 percent of the population served.2

Treated drinking water is delivered across the United States, via 

one million miles of pipes, by privately and publicly owned water 

systems. Many of these pipes were laid in the early to mid-20th 

century and have a lifespan of 75 to 100 years.3 While the American Society of Civil Engineers (ASCE) reports the quality of drinking water in the United States remains high, ASCE and others also 

spotlight concerns directly related to water system integrity, efficiency, and affordability. Specifically, they point to an estimated 

240,000 water main breaks per year in the United States that 

waste over two trillion gallons of treated drinking water. These 

leaks waste 14 to 18 percent of treated water per day—an amount 

that could support 15 million households.4

In April 2013, the Environmental Protection Agency (EPA) published its most recent survey of capital improvement needs for 

drinking water infrastructure. That survey indicated that water 

systems need to invest $384.2 billion on infrastructure improvements over 20 years (from 2011 to 2030) to ensure the provision 

of safe tap water.5 EPA also reported that $42.0 billion (10.9 percent) of reported drinking water system needs are attributable to 

Safe Drinking Water Act (SDWA) compliance. The remaining 89.1 

percent of EPA-identified needs are for projects that are not regulatory, but are needed to meet the Act’s health protection objectives. A study by the American Water Works Association (AWWA) 

projects that restoring infrastructure and expanding water systems 

to keep up with population growth would require a nationwide investment of at least $1 trillion through 2035.6

The Congressional Budget Office reports that, in 2014, the Federal share of total public spending on water and wastewater utiliVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
13 

7 Congressional Budget Office, Public Spending on Transportation and Water Infrastructure, 

1956 to 2014, March 2015, p. 28. 8http://www2.pacinst.org/wp-content/uploads/2013/01/water-rates-affordability.pdf 

9https://www.fcwa.org/story_of_water/html/costs.htm 10https://www.awwa.org/resources-tools/water-and-wastewater-utility-management/waterwastewater-rates.aspx 11SDWA § 1412 and § 1452 12http://www.asdwa.org/document/docWindow.cfm?fuseaction=document.viewDocument& 

documentid=2683&documentFormatId=3404 13http://www.crs.gov/Reports/RL31243?source=search&guid=c987b8c3502d477b8842999 

a6ea62e7a&index=10#_Toc476131535. 

ties was 4 percent, while State and local government expenditures 

accounted for 94 percent of all public spending on this infrastructure.7

User fees, primarily in the form of water utility rates, typically 

generate funds for daily operation and maintenance and long-term 

capital investments for drinking water and wastewater systems. 

Both the EPA and the United Nation’s Development Program recommend affordability thresholds for water and wastewater services 

of 2.5 percent and 3 percent, respectively, of median household income.8 The average price of treating and distributing water in the United States is about $1.50 for 1,000 gallons—at that price, a gallon of water costs less than one penny.9 While the AWWA estimates that drinking water rates, annualized from 2004 to 2014, 

have increased 5.5 percent, AWWA also shows that water rates 

have dropped three percent between 2012 and 2014.10

However, an ongoing problem for local water systems is how to 

finance major projects—increasing rates, borrowing on the private 

market, seeking Federal or State assistance, or some combination 

of these. 

SAFE DRINKING WATER ACT

The Safe Drinking Water Act (SDWA) not only contains Federal 

authority for regulating contaminants in drinking water delivery 

systems, it also includes the Drinking Water State Revolving Fund 

(DWSRF) program.11 The DWSRF was created by Congress in the 

1996 SDWA Amendments to provide financing for infrastructure 

improvements at drinking water systems. Congress envisioned a 

program operating in perpetuity from which the principal and interest payments on old loans would be used to issue new loans, and 

from which a portion of each State’s allotment could be set aside 

for State drinking water agencies to provide regulatory oversight 

and direct assistance to water systems.12

Specifically, the DWSRF program permits EPA to make grants 

to States to capitalize DWSRFs, which States may then use to 

make low-interest loans to public water systems (PWSs) for activities EPA determines facilitate compliance or significantly further 

the SDWA’s health protection objectives. States must match 20 

percent of the Federal grant. Grants are allotted based on the results of needs surveys issued quadrennially by EPA. Each State 

and the District of Columbia must receive at least 1 percent of the 

appropriated funds.13

In addition, States must make available 15 percent of their annual DWSRF allotment for loan assistance to systems that serve 

10,000 or fewer persons to the extent that there are systems of that 

size within a State applying for funding of qualifying activities. 

States may also use up to 30 percent of their DWSRF grant to proVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
14 

14SDWA 1452(g). 15 Id. 16WIIN 2102–2105. 17Op. Cit. 18Op. Cit. 19 (P.L. 113–121, H.R. 3080) includes in Title V, Subtitle C 

vide loan subsidies (including forgiveness of principal) to help economically disadvantaged communities. Finally, States may also use 

up to 4 percent of funds for technical assistance, source water protection and capacity development programs, and operator certification.14

When last reauthorized in 1996, SDWA authorized appropriations of $599 million for fiscal year 1994 and $1 billion per year 

for fiscal year 1995 through fiscal year 2003 for DWSRF capitalization grants. Of those amounts, EPA was either directed or given 

the ability to reserve, from annual DWSRF appropriations, 0.33 

percent for financial assistance to territories and 1.5 percent for Indian tribes and Alaska Native Villages, $10 million for health effects research on drinking water contaminants, $2 million for the 

costs of monitoring for unregulated contaminants, and up to 2 percent for technical assistance. Between fiscal year 1997 and fiscal 

year 2016, Congress appropriated over $20 billion, and more than 

12,400 projects received assistance through the program.15

The Water Infrastructure Improvements for the Nation Act 

(WIIN Act, section 322 of P.L. 114–322) made several amendments 

to the DWSRF provisions. Among other changes, the amendments 

increased the portion of the annual DWSRF capitalization grants 

that States may use to cover program administration costs and authorized $300 million over five years for lead pipe replacement and 

$300 million over five years for aid to disadvantaged and underserved communities.16 Further, the WIIN Act amended SDWA to 

require, with some exceptions, that funds made available from a 

State DWSRF during fiscal year 2017 may not be used for water 

system projects unless all iron and steel products to be used in the 

project are produced in the United States. 

WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT

According to CRS, a chronic concern is the need for communities 

to address drinking water infrastructure requirements that are 

outside the scope of the DWSRF program since they are unrelated 

to SDWA compliance.17 These categories include future growth, ongoing rehabilitation, and operation and maintenance of systems. 

EPA has reported that outdated and deteriorated drinking water 

infrastructure poses a fundamental long-term threat to drinking 

water safety and that, in many communities, basic infrastructure 

costs can far exceed SDWA compliance costs. As reported in EPA’s 

most recent drinking water needs assessment, less than 11 percent 

of the 20-year estimated need is directly related to compliance with 

SDWA regulations.18

Congress enacted the Water Infrastructure Finance and Innovation Act (WIFIA) in June 2014,19 which authorized a pilot loan 

guarantee program to test the ability of innovative financing tools 

to promote increased development of, and private investment in, 

water infrastructure projects while reducing costs to the Federal 

government. The pilot program is intended to complement, and not 


dlhill on DSK3GLQ082PROD with HEARING
15 

20http://www.infrastructure reportcard.org/ wp-content/ uploads/ 2017/01/ Drinking-WaterFinal.pdf 21 Id. 22http://www.crs.gov/Reports/ RS22037? source=search&guid= 923f50f6c 1274772996 

da7f8f1a3551b& index= 6#ifn2. 23The Department of the Interior, Environment, and Related Agencies Appropriations Act, 

2006, P.L. 109–54, Title II, August 2, 2005, 119 Stat. 530, provided: ‘‘That for fiscal year 2006 

and thereafter, State authority under section 302(a) of P.L. 104–182 shall remain in effect.’’ 

replace, the clean water and drinking water SRF programs. The 

Act authorized $20 million each for fiscal year 2015 and $25 million each for fiscal year 2016 to the Secretary of the Interior and 

the EPA Administrator, with amounts increasing annually to $50 

million each for fiscal year 2019. 

Eligible projects include clean water and drinking water SRF-eligible projects and a wide range of water resource development 

projects that must generally have costs of at least $20.0 million. 

Such large projects face difficulty securing significant funding 

through the SRF programs. Moreover, unlike the SRF programs, 

WIFIA is not focused on regulatory compliance and, therefore, may 

be more available for other large-scale water infrastructure 

projects. For projects serving areas with a population of 25,000 or 

fewer individuals, eligible projects must have a total cost of at least 

$5 million. 

Congress appropriated $20 million in funds for the program in 

fiscal year 2017. It is estimated that using WIFIA’s full financial 

leveraging ability that a single dollar injected into the program can 

create $50 dollars for project lending.20 Under current appropriations, EPA estimates that current budget authority may provide 

more than $1 billion in credit assistance and may finance over $2 

billion in water infrastructure investment.21

CLEAN WATER ACT SRF

Congress provided States flexibility in setting priorities between 

the DWSRF and the Clean Water Act SRF (CWSRF) programs to 

accommodate the divergent drinking water and wastewater needs 

and priorities among the States. Section 302(a) of the 1996 SDWA 

Amendments authorized States to transfer as much as 33 percent 

of the annual DWSRF allotment to the CWSRF or an equivalent 

amount from the CWSRF to the DWSRF. The Act authorized these 

transfers through fiscal year 2001. In 2000, EPA recommended 

that Congress continue to authorize transfers between the SRF 

programs to give States flexibility to address their most pressing 

water infrastructure needs.22 Several annual appropriations acts 

authorized States to continue to transfer as much as 33 percent of 

funds between the two programs, and in the Department of Interior and Related Agencies Appropriations Act, FY 2006, Congress 

made this authority permanent.23

COMMITTEE ACTION

On May 19, 2017, the Subcommittee on the Environment held a 

hearing on a Discussion Draft, entitled ‘‘Drinking Water System 

Improvement Act.’’ The Subcommittee received testimony from: 

• Lisa Daniels, Director, Bureau of Safe Drinking Water, 

Pennsylvania Department of Environmental Protection, on behalf of the Association of State Drinking Water Administrators; 


dlhill on DSK3GLQ082PROD with HEARING
16 

• Steve Fletcher, Manager, Washington County Water Company, Nashville, IL, on behalf of the National Rural Water Association; 

• Martin Kropelnicki, President and CEO, California Water 

Service Group, on behalf of the National Association of Water 

Companies; 

• Scott Potter, Director, Nashville Metro Water Services, 

Nashville, TN, on behalf of the Association of Metropolitan 

Water Agencies; 

• James Proctor, Senior Vice President and General Counsel, McWane, Inc.; 

• Lynn Thorp, National Campaigns Director, Clean Water 

Action; and 

• Kurt Vause, Special Projects Director, Anchorage Water 

and Wastewater Utility, on behalf of the American Water 

Works Association. 

On March 16, 2017, the Subcommittee on the Environment held 

a hearing entitled, ‘‘Reinvestment and Rehabilitation of Our Nation’s Drinking Water Delivery Systems.’’ The Subcommittee received testimony from: 

• Rudolph Chow, P.E., Director, Baltimore City Department 

of Public Works, on behalf of the American Municipal Water 

Association; • Greg DiLoreto, Chairman, Committee for America’s Infrastructure, American Society of Civil Engineers; 

• John Donahue, CEO, North Park Public Water District 

(Machesney Park, IL), on behalf of the American Water Works 

Association; 

• Randy Ellingboe, Minnesota Department of Health, on behalf of the Association of State Drinking Water Administrators; 

• Martin A. Kropelnicki, President and CEO, California 

Water Service Group, on behalf of the National Association of 

Water Companies; and 

• Erik Olson, Director, Health and Environment Program, 

Natural Resources Defense Council. 

On July 13, 2017, the Subcommittee on the Environment met in 

open markup session and forwarded the Discussion Draft, entitled 

‘‘Drinking Water System Improvement Act,’’ as amended, to the 

full Committee by a voice vote. On July 25, 2017, the Drinking 

Water System Improvement Act of 2017 was introduced in the 

House as H.R. 3387. On July 27, 2017, the full Committee on Energy and Commerce met in open markup session and ordered H.R. 

3387, as amended, favorably reported to the House by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII requires the Committee to list the record 

votes on the motion to report legislation and amendments thereto. 

There were no record votes taken in connection with ordering H.R. 

3387 reported. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of rule 

XIII, the Committee held hearings and made findings that are reflected in this report. 


dlhill on DSK3GLQ082PROD with HEARING
17 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Pursuant to clause 3(c)(2) of rule XIII, the Committee finds that 

H.R. 3387 would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII, the following is the cost 

estimate provided by the Congressional Budget Office pursuant to 

section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 22, 2017. 

Hon. GREG WALDEN, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3387, the Drinking Water 

System Improvement Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jon Sperl. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 3387—Drinking Water System Improvement Act of 2017 

Summary: H.R. 3387 would authorize the appropriation of about 

$9 billion for the Environmental Protection Agency (EPA) to provide grants to public water systems, as well as to state, local, and 

tribal governments, to support drinking water infrastructure 

projects and to promote compliance with regulations that implement the Safe Drinking Water Act (SDWA). 

CBO estimates that implementing this legislation would cost 

about $6 billion over the next five years and an additional $3 billion after 2022, assuming appropriation of the authorized amounts. 

The staff of the Joint Committee on Taxation (JCT) estimates 

that enacting the bill would reduce revenues by $572 million over 

the next 10 years. Because enacting the bill would reduce revenues, 

pay-as-you-go procedures apply. Enacting the bill would not affect 

direct spending. 

CBO estimates that enacting H.R. 3387 would not increase net 

direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2028. 

H.R. 3387 would impose intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) on public and private owners and operators of public 

water systems that are regulated by the SDWA, and on other state 

and local government entities. Based on information provided by 

the EPA, public water systems, and state and local agencies, CBO 

estimates that the total cost of complying with the mandates would 

fall below the annual thresholds for intergovernmental and privateVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
18 

sector mandates established in UMRA ($78 million and $156 million in 2017, respectively, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effects of the bill are summarized in Table 1. The costs of this 

legislation fall within budget function 300 (natural resources and 

environment). 


dlhill on DSK3GLQ082PROD with HEARING
19 

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 3387 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 2022 2017– 2027 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ............................................................................................... 0 1,420 1,610 1,824 2,023 2,222 17 17 17 17 17 9,100 9,186 Estimated Outlays ................................................................................................................. 0 263 805 1,408 1,735 1,923 1,760 1,022 219 24 24 6,135 9,185 

DECREASES IN REVENUES 

Estimated Revenues .............................................................................................................. 0 * ¥3 ¥10 ¥25 ¥46 ¥72 ¥95 ¥106 ¥108 ¥107 ¥84 ¥572 

Sources: CBO and the staff of the Joint Committee on Taxation. Note: * = between zero and ¥$500,000. Details may not sum to totals because of rounding. 


dlhill on DSK3GLQ082PROD with HEARING
20 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the beginning of fiscal year 2018, that the full 

amounts authorized or estimated to be necessary will be appropriated for each year, and that outlays will follow historical patterns of spending for existing and similar programs. 

Spending subject to appropriation 

H.R. 3387 would authorize appropriations totaling about $9.1 billion over the 2018–2022 period for the EPA to administer different 

grant programs that support drinking water infrastructure and 

help public water systems comply with regulations under the Safe 

Drinking Water Act (see Table 2). 


dlhill on DSK3GLQ082PROD with HEARING
21 

TABLE 2.—AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR EPA PROGRAMS UNDER H.R. 3387 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 2022 2017– 2027 

Drinking Water SRF Grants: 

Authorization Level ............................................................................................................. 0 1,200 1,400 1,600 1,800 2,000 0 0 0 0 0 8,000 8,000 

Estimated Outlays 0 120 620 1,200 1,500 1,700 1,680 980 200 0 0 5,140 8,000 Public Water System Supervision Program: 

Authorization Level ............................................................................................................. 0 150 150 150 150 150 0 0 0 0 0 750 750 Estimated Outlays .............................................................................................................. 0 135 150 150 150 150 15 0 0 0 0 735 750 

Drinking Water Risk and Resilience Grant Program: 

Authorization Level ............................................................................................................. 0 35 35 35 35 35 0 0 0 0 0 175 175 Estimated Outlays .............................................................................................................. 0 0 11 25 35 35 35 25 11 0 0 105 175 

Source Water Petition Programs: 

Authorization Level ............................................................................................................. 0 5 5 5 5 5 0 0 0 0 0 25 25 Estimated Outlays .............................................................................................................. 0 0 2 4 5 5 5 4 2 0 0 15 25 

Drinking Water Fountain Replacement Grants: 

Authorization Level ............................................................................................................. 0 5 5 5 5 5 0 0 0 0 0 25 25 Estimated Outlays .............................................................................................................. 0 0 2 4 5 5 5 4 2 0 0 15 25 

Reauthorize Monitoring for Unregulated Contaminants: 

Authorization Level ............................................................................................................. 0 10 10 10 10 10 0 0 0 0 0 50 50 Estimated Outlays .............................................................................................................. 0 2 15 15 13 5 0 0 0 0 0 50 50 

Expand Monitoring for Unregulated Contaminants: 

Authorization Level ............................................................................................................. 0 0 0 15 15 15 15 15 15 15 15 45 120 Estimated Outlays .............................................................................................................. 0 0 0 4 21 21 18 8 4 21 21 45 120 

Technology Review: 

Authorization Level ............................................................................................................. 0 10 0 0 0 0 0 0 0 0 0 10 10 Estimated Outlays .............................................................................................................. 0 1 1 4 4 0 0 0 0 0 0 10 10 

Other Activities: 

Estimated Authorization Level ............................................................................................ 0 5 5 4 3 2 2 2 2 2 2 20 31 Estimated Outlays .............................................................................................................. 0 5 5 4 3 2 2 2 2 2 2 20 31 Total Changes:.

Estimated Authorization Level ................................................................................... 0 1,420 1,610 1,824 2,023 2,222 17 17 17 17 17 9,100 9,186 Estimated Outlays ..................................................................................................... 0 263 805 1,408 1,735 1,923 1,760 1,022 219 24 24 6,135 9,185 

Note: Details may not sum to totals because of rounding. SRF = State Revolving Fund. 


dlhill on DSK3GLQ082PROD with HEARING
22 

The bill would authorize the appropriation of $8 billion over the 

next five years for the EPA to provide capitalization grants for the 

Drinking Water State Revolving Fund (DWSRF) programs. States 

use such grants, along with their own funds, to make low-interest 

loans to communities to build or improve drinking water facilities 

and infrastructure, and for other projects that improve the quality 

of drinking water. In addition to reauthorizing federal funding for 

states’ DWSRF programs, the bill also would make several revisions to those programs, including allowing states to direct a greater percentage of funds to disadvantaged communities, extending 

the repayment terms for loans made by states, and requiring recipients of loans to certify that proposed projects meet certain costeffectiveness criteria. 

H.R. 3387 also would authorize the appropriation of about $1 billion over the next five years for the EPA implement several other 

grant programs. Specifically, the bill would authorize the appropriation of: • $750 million for state and tribal agencies to implement 

programs that enforce compliance with drinking water regulations under the SDWA and provide technical assistance to public water systems; • $175 million for grants to public water systems to implement projects that mitigate risks to drinking water from natural hazards and security threats; • $25 million to states to implement partnership programs 

with public water systems that petition the states for assistance in complying with drinking water regulations; • $25 million for local educational agencies to pay the costs 

of replacing drinking water fountains in schools and monitoring for lead contamination; • $50 million for the EPA to continue funding the laboratory 

analysis costs of monitoring for unregulated contaminants in 

drinking water systems; • Daniels, Dirthe number of small systems that monitor for 

unregulated contaminants; and 

• $10 million in 2018 for the EPA to conduct a comprehensive review of technologies, equipment, and methods that effectively detect and prevent contamination of public drinking 

water systems. 

CBO estimates that the cost to implement the remaining requirements in the bill, (for which the legislation does not specify an authorization level,) would total about $20 million over the next five 

years, assuming appropriation of the necessary amounts. That 

funding would be used for various purposes, including providing 

technical assistance to state agencies, developing guidance and updating tools for risk assessments, conducting a national inventory 

of any pipes of fittings that are used to connect buildings with the 

drinking water main supply pipes and are not lead free, and reporting on how water systems can more easily comply with crosscutting federal, state, and local requirements. 

Revenues 

H.R. 3387 would authorize the appropriation of $8 billion over 

the 2018–2022 period for the EPA to make grants to capitalize 

state revolving loan funds, from which states make loans to finance 


dlhill on DSK3GLQ082PROD with HEARING
23 

drinking water infrastructure projects. JCT expects that states 

would use a portion of those grants to leverage additional funds by 

issuing tax-exempt bonds. JCT estimates that issuing additional 

tax-exempt bonds would reduce federal revenues by $572 million 

over the next 10 years. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in revenues that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3387, AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON ENERGY AND COMMERCE ON JULY 27, 2017 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact 0 0 3 10 25 46 72 95 106 108 107 84 572 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits by more than $5 billion in any of the 

four consecutive 10-year periods beginning in 2028. 

Intergovernmental and private-sector impact: H.R. 3387 would 

impose intergovernmental and private-sector mandates as defined 

in UMRA on public and private owners and operators of public 

water systems that are regulated by the Safe Drinking Water Act. 

The bill also would impose intergovernmental mandates on state 

emergency response commissions (SERCs), local emergency planning committees, and state water agencies that are responsible for 

notifying the public in the event of a release of hazardous chemicals that affects drinking water. Based on information provided by 

the EPA, public water systems, and state and local agencies, CBO 

estimates that the total costs of complying with the mandates 

would range from $14 million to $36 million per year over the 

2018–2022 period for water systems owned by public entities; for 

water systems owned by private entities, CBO estimates the total 

costs to comply with the mandates would range from $3 million to 

$6 million per year over that period. Therefore, CBO estimates that 

the costs of the mandates would fall below the annual thresholds 

for intergovernmental and private-sector mandates established in 

UMRA ($78 million and $156 million in 2017, respectively, adjusted annually for inflation). 

Mandates that apply to both public and private entities 

The bill would impose several mandates on owners and operators 

of public water systems that are regulated by the Safe Drinking 

Water Act. Public water systems may be publicly or privately 

owned. Systems owned by local governments serve the majority of 

the U.S. population, while many smaller systems are owned by private entities. The bill would require public water systems that 

serve populations larger than 10,000 to send consumer confidence 

reports to their customers twice per year; under current law, those 

systems must send reports once per year. In addition, the bill 


dlhill on DSK3GLQ082PROD with HEARING
24 

would require all public water systems to include information in 

consumer confidence reports about actions taken to control corrosion in pipes. While an increasing number of systems send such reports electronically at low cost, the requirement would increase 

costs for systems that still send reports by mail. Based on information from public water systems and state water agencies about the 

costs of complying with current requirements, CBO estimates that 

public water systems would spend about $14 million per year to 

comply with these requirements. 

The bill would require public water systems that serve populations larger than 3,300 to conduct assessments of the risks posed 

to their systems by security threats and natural hazards and to 

prepare response plans. The bill would require those systems to 

certify to the EPA that they have conducted such assessments once 

every five years. Alternatively, systems could satisfy those requirements by certifying to the EPA that they are following consensus 

technical standards developed by the water industry and recognized by the EPA. Risk assessments are increasingly common in 

the water industry, and CBO expects that many systems, especially 

those that serve major populations, would already be in compliance 

because they follow industry standards; additional costs to them resulting from the mandate would be small. However, CBO expects 

that other systems, particularly those that are smaller in size, 

would need to conduct risk assessments and prepare response 

plans at varying costs, depending on their size and complexity. 

Based on information from the EPA and the American Water 

Works Association, CBO estimates that systems would spend an 

additional $25 million to comply with those requirements. That estimate is based on the expectation that many smaller systems 

would comply by conducting assessments at low cost using free assessment tools, while larger systems would undertake much more 

expensive and comprehensive analyses ranging into the hundreds 

of thousands of dollars. 

The bill would impose a mandate by requiring the EPA to expand the number of small public water systems (those serving 

fewer than 10,000 people) that must monitor drinking water for 

unregulated contaminants. The EPA would select a representative 

sample of those systems to conduct monitoring. The bill would authorize the appropriation of $15 million per year to cover the costs 

of laboratory analysis of samples. However, systems would incur 

costs to collect samples and to train staff. Based on information 

from public water systems and state water agencies about the costs 

of sample collection under current requirements, CBO estimates 

that systems selected for monitoring would spend, in the aggregate, 

$2 million to $3 million each year to comply with those requirements. 

Mandates on public entities 

The bill would require SERCs and local emergency planning committees to notify state water agencies whenever there is a release 

of hazardous chemicals into water bodies used for drinking water 

and also would require water agencies to in turn notify public 

water systems in the affected area. Additionally, the bill would require SERCs and local emergency planning committees to provide 

information about chemicals stored at specific facilities whenever 


dlhill on DSK3GLQ082PROD with HEARING
25 

local public water systems request that information. Because it is 

already common practice for SERCs and local emergency committees to conduct such activities, CBO estimates that the costs of 

compliance would be small. 

Other effects on public entities 

Under the bill, state and tribal agencies that have chosen to implement the Safe Drinking Water Act would likely incur additional 

costs to provide financial and technical assistance to public water 

systems that are subject to federal regulations under that act. Specifically, state and tribal water agencies would work with public 

water systems to meet requirements under the bill relating to consumer confidence reports, risk assessments, and monitoring for unregulated contaminants. Costs incurred by those agencies, however, 

would result from participation in a voluntary federal program. 

The bill also includes a provision that would provide state and 

tribal governments with the authority to compel public water systems that are out-of-compliance with federal drinking water standards to undergo consolidation with another system, or to transfer 

ownership. In cases where the targeted systems are unable to meet 

federal drinking water standards, and are either financially unable 

or unwilling to take actions that would result in compliance, states 

and tribes with primary enforcement responsibility for the SDWA 

could require the owner or operator of such a system to assess options for consolidation or transfer and then carry out those actions 

if doing so is economically feasible and likely to result in greater 

compliance with federal standards. CBO expects that state and 

tribal agencies would generally use the authority selectively to 

focus on systems that have serious violations of drinking water 

standards; however, use of this authority could result in significant 

costs for some water systems, depending on how the authority is 

exercised, and the size and complexity of the systems affected. Because state and tribal water agencies would exercise the authority 

at their discretion, any costs incurred by affected water systems 

would not stem from a federal intergovernmental mandate under 

UMRA. Based on evidence from consolidation efforts in California 

and other states, CBO expects that many state and tribal agencies 

would provide financial assistance to cover necessary interconnection, improvement, and administrative costs for systems required 

to undergo consolidation or transfer. The bill also would authorize 

states and tribes to use federal funds provided through the DWSRF 

programs to cover the costs of consolidations and transfers. 

Finally, the bill would benefit public water systems, as well as 

state, local, and tribal agencies that implement federal drinking 

water regulations, by authorizing federal financial and technical 

assistance for several drinking water grant programs. Public water 

systems would benefit from loans provided by state agencies for 

drinking water infrastructure projects. The bill would authorize the 

appropriation of $8 billion over the 2018–2022 period for the EPA 

to provide capitalization grants to DWSRFs to finance those loans. 

Any costs public entities might incur relating to grant and loan 

programs, including matching contributions, would result from conditions of federal assistance. 

Estimate prepared by: Federal spending: Jon Sperl; Federal revenues: Staff of the Joint Committee on Taxation; Impact on state, 


dlhill on DSK3GLQ082PROD with HEARING
26 

local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII, the general performance 

goal or objective of this legislation is to amend the Safe Drinking 

Water Act to improve public water systems and enhance compliance with such Act. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 3387 

is known to be duplicative of another Federal program, including 

any program that was included in a report to Congress pursuant 

to section 21 of Public Law 111–139 or the most recent Catalog of 

Federal Domestic Assistance. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as 

its own the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974. At the time this report was filed, the estimate 

was not available. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee 

finds that H.R. 3387 contains no earmarks, limited tax benefits, or 

limited tariff benefits. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, the following directed rule 

makings are contained in H.R. 3387: 

• In section 2: Revision of regulations affecting consumer 

confidence reports under the amendment to SDWA section 

1414(c)(4). 

• In section 4: Promulgation of regulations implementing 

water system consolidation mandates under the amendment to 

SDWA section 1414(h). 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 


dlhill on DSK3GLQ082PROD with HEARING
27 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 establishes the short title of the legislation as ‘‘the 

Drinking Water System Improvement Act of 2017’’. 

Section 2. Improved Consumer Confidence Reports 

Section 2 amends SDWA section 1414(c)(4) to institute certain 

changes related to requirements on the form, manner, and frequency that consumer confidence reports (CCR) are issued by community water systems. 

First, section 2 amends SDWA section 1414(c)(4)(A) to permit 

CCRs to be mailed or provided by electronic means to drinking 

water system customers. The Committee understands that Americans are increasingly going away from a paper-driven society and 

instead relying on electronic technologies to access data, including 

real-time information. The Committee also recognizes that not all 

persons have access to or are comfortable using these means and 

intends that this new option not be used as an opportunity to avoid 

making paper copies available to those customers that want them. 

Second, section 2 requires, under SDWA section 1414(c)(4)(B), 

three new types of information—relevant to the community water 

system’s reporting period—that a system must report in its CCR. 

These include: (1) its compliance with corrosion control requirements, (2) identification, if any, of system-wide exceedances of the 

lead action level that required corrective action by EPA or a State 

exercising primary enforcement responsibility, and (3) an identification, if any, of SDWA violations that occurred. 

Third, section 2 requires EPA, within 24 months of the date of 

enactment of the Drinking Water System Improvement Act, to revise the regulations implementing the CCR requirements for two 

issues: CCR content understandability and electronic delivery. Section 2 is intentionally narrow to these two issues to permit a targeted correction of these concerns and avoid reopening the entire 

rule. Specifically, in response to the December 2012 CCR Rule Retrospective Review, section 2 requires the rule revision to increase 

both the readability, clarity, and understandability of the information presented in the CCR as well as the accuracy and risk communication of the information presented. In addition, to reduce EPA’s 

burden for issuing this rule revision, section 2 permits EPA to 

allow delivery of consumer confidence reports by methods consistent with methods described in the memorandum ‘‘Safe Drinking 

Water Act—Consumer Confidence Report Rule Delivery Options’’ 

issued by the Environmental Protection Agency on January 3, 

2013. 

Finally, section 2 requires as part of the rule revision to the requirements of SDWA section 1414(c)(4)(A) that community water 

systems serving 10,000 or more persons be obligated to provide, by 

mail, electronic means, or other methods permitted by the Administrator, a CCR to each customer of the system at least biannually. 

The Committee expects that when issuing these regulations, EPA 

will include feasible implementation options that reduce the burden 


dlhill on DSK3GLQ082PROD with HEARING
28 

on community water systems, States, and other relevant parties 

subject to the new requirements while maintaining the quality and 

availability of information for community water system customers. 

Section 3. Contractual agreements 

During hearings by the Subcommittee on the Environment, the 

Subcommittee heard repeated testimony on the importance of encouraging partnerships between struggling public water systems 

and outside interests whose technical, financial, or managerial expertise would help that utility achieve compliance. Section 3 expands SDWA section 1414(h)(1) to permit an owner or operator of 

a public water system to enter into a contractual agreement for significant management or administrative functions of its public 

water system to correct its identified SDWA violations. The contract is intended to be part of a larger plan that is subject to approval by its State (if that State has primary enforcement responsibility for SDWA) or the EPA Administrator (if the State does not 

have primary enforcement responsibility). An approved plan would 

provide two years for the public water system to achieve compliance with its identified violations. 

Section 3 also makes a technical change to correct the punctuation in SDWA section 1414(i)(1). 

Section 4. Consolidation 

Section 4(a) establishes new language at the end of SDWA section 1414(h) regarding transfers of ownership or consolidations that 

will help ensure safe drinking water. Specifically, the provisions 

are focused on the use of assessments, by public water systems 

whose produced drinking water creates a public health threat, to 

determine whether it makes sense for that utility to seek a transfer 

of ownership or consolidation with another utility. 

In proposed SDWA section 1414(h)(3)(A), either a State with primary enforcement responsibility for SDWA or EPA, if the State 

does not have that authority under SDWA section 1413(a), may require the owner or operator of certain public water systems to assess their options for consolidation or transfer of ownership based 

on the presence of three conditions. 

The first condition is that the public water system in question 

has repeatedly violated one or more SDWA requirements and this 

lack of compliance is likely to adversely affect human health. In addition, the public water system in question must have unsuccessfully tried to remedy these violations using technical assistance 

and a DWSRF loan or is unable or unwilling to undertake feasible 

and affordable actions suggested by either the State with primary 

enforcement or EPA to bring the water system into compliance. 

In choosing the wording of the first prong of the first condition, 

the Committee does not intend any type of violation by a public 

water system to activate these provisions. Rather, the authority 

provided in proposed SDWA section 1414(h)(3) is limited to repeated and significant non-compliers whose systems are producing 

water that is unsafe for human consumption. The Committee does 

not intend this authority to be used for paperwork violations or 

when the water system is in significant compliance with SDWA requirements and is not producing water that threatens its customers’ health. 


dlhill on DSK3GLQ082PROD with HEARING
29 

The second condition is that a consolidation or transfer of the 

public water system is feasible, including feasibility based upon geographic considerations, technical concerns, access to capital, and 

chances for long-term success. 

The last condition is that consolidation or transfer by the public 

water system could result in greater compliance with national primary drinking water regulations. The Committee intends that this 

condition be more than theoretical and incremental. 

If all three conditions have been met and an assessment has 

been done, the State with primary enforcement responsibility or 

EPA, as appropriate, reviews the assessment. Upon completion of 

this review, under proposed SDWA section 1414(h)(3)(B), the State 

or EPA may require the owner or operator of the public water system to submit a plan for consolidation or transfer ownership. The 

plan’s implementation becomes mandatory if three conditions are 

met: (1) the owner or operator of that water system has not taken 

steps to complete consolidation, not transferred ownership of the 

system, or could not achieve compliance after receiving technical 

assistance and a DWSRF loan; (2) after completing its assessment, 

the public water system violated another national primary drinking 

in a way that makes its produced water likely to adversely affect 

human health; and (3) the consolidation or transfer is feasible. 

Section 4(a) also creates a new SDWA section 1414(h)(4) that 

permits, notwithstanding the limitation in SDWA section 

1452(a)(3), DWSRF loans to be provided to public water systems 

trying to achieve compliance under this section through consolidation, transfer of ownership, or other means. SDWA section 

1452(a)(3) generally prohibits the provision of DWSRF loans to 

public water systems in significant non-compliance or that that 

lack certain technical, managerial, or financial capabilities. 

Finally, section 4(a) contains provisions extending legal protections for non-responsible parties consolidating with or acquiring 

ownership in a non-compliant public water system. In general, section 4(a) proposes a new SDWA section 1414(h)(5) that provides 

protection from any potential liability for damages arising from violations of the Safe Drinking Water Act that are identified in a plan 

for consolidation or ownership under SDWA section 1414(h)(3)(B). 

To obtain this protection, the owner or operator of a public water 

system must take reasonable steps to identify, in the consolidation 

or ownership transfer plan they are submitting under proposed 

SDWA section 1414(h)(3), all potential violations of which they are 

aware and—as of the date the plan is submitted—any funds or 

other assets available to the public water system that committed 

such violation to satisfy its liability. 

If, as appropriate, the State or the Administrator approves the 

public water system’s plan for consolidation or transfer of ownership, under proposed SDWA section 1414(h)(5)(B), the public water 

system is not liable for a violation of the Safe Drinking Water Act 

identified in its plan, except to the extent to which funds or other 

assets have been identified in its plan to satisfy that liability. 

Section 4 contains three other features. First, it requires, in proposed SDWA section 1414(h)(6), regulations to implement the consolidation or ownership transfer provisions within proposed paragraphs (3) through (5) to SDWA section 1414(h). Second, section 

4(b) adds a new SDWA section 1413(a)(6) to require that States, as 


dlhill on DSK3GLQ082PROD with HEARING
30 

a condition of the primary enforcement delegation, have adopted 

and are implementing procedures consistent with the provisions in 

proposed paragraphs (3) through (6) to SDWA section 1414(h). 

Last, it makes a conforming amendment to SDWA section 1413(b), 

relating to EPA providing written notification to States about determinations of the primary enforcement authority status, to account for the proposed change to SDWA section 1413(a). 

Section 5. Improved accuracy and availability of compliance monitoring data 

Section 5 requires EPA, in coordination with the State, public 

water systems, and other interested stakeholders to create a strategic plan for improving the accuracy and availability of monitoring 

data collected to demonstrate SDWA compliance, particularly data 

submitted by public water systems to States and data submitted by 

States to EPA. This strategic plan, including a summary of its findings and practicable and cost-effective recommendations to improve 

accuracy and availability of monitoring data collected to demonstrate SDWA compliance, is due to Congress not later than 1 

year after the date of enactment of the Drinking Water System Improvement Act. 

Due to software compatibility, budgeting, and management 

issues the Agency and States have faced in other electronic reporting programs, like the electronic manifest program for hazardous 

water under section 3024 of the Solid Waste Disposal Act (42 

U.S.C. 6969g), the Committee is reluctant to require a solution 

without EPA working out potential issues on the front end. In developing the strategic plan and its recommendations under section 

4, the Administrator is obligated to evaluate any challenges: (1) 

faced by States and public water systems in using electronic systems for data collection and dissemination, (2) in ensuring the accuracy and integrity of submitted data, and (3) regarding access to 

information and the usability of an electronic system. The Committee hopes the Administrator will take advantage of the authorities in section 5 that permit consultation with States and other 

Federal agencies that have experience using these kinds of systems. 

Section 6. Asset management 

Section 6 amends SDWA section 1420 in three places to encourage the use of asset management by drinking water delivery systems. 

The Subcommittee on the Environment received testimony about 

the importance of asset management in helping drinking water systems become economically sustainable. At the same time, witnesses 

stated that it was better to encourage this practice rather than 

mandate its use. The Committee believes technical assistance in 

this area, especially for smaller and rural systems, will be the most 

beneficial to seeing wider deployment of these practices. 

First, section 6 requires States, as part of the Capacity Development Strategy, to consider, solicit, and include as appropriate, how 

the State will encourage the use of asset management plans and 

assist, including technical assistance, in the use of asset management best practices by public water systems as part of these plans. 

The Committee envisions that States, as appropriate, will revise 


dlhill on DSK3GLQ082PROD with HEARING
31 

their Capacity Development Strategies to incorporate this new information. 

Second, section 6 requires that when the State publishes its Capacity Development Strategy report to detail the efficacy of and 

progress made on the State’s efforts to encourage development of 

asset management plans and engage of relevant training to implement asset management plans. 

Last, section 6 requires the Administrator to, every five years, review and update, if appropriate, educational materials made available by the Agency to owners, managers, and operators of public 

water systems, local officials, technical assistance providers (including non-profit water associations), and State personnel concerning 

best practices for asset management strategies that may be used. 

Section 7. Community Water System risk and resilience 

Using much of the architecture and policy objectives contained in 

existing SDWA section 1433, section 6(a) replaces the provisions in 

SDWA section 1433 regarding the creation of risk and resilience assessments and emergency response plans by community water systems serving more than 3,300 persons. 

Proposed SDWA section 1433(a)(1) requires community water 

systems serving over 3,300 persons to assess the risks to, and resilience of, their system. Proposed SDWA section 1433(a)(1)(A) mandates that this assessment include a review of six elements. These 

include: (1) the CWS’s risk from malevolent acts and natural hazards; (2) the resilience of the pipes and constructed conveyances, 

physical barriers, source water, water collection and intake, 

pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the cyber 

security of such systems) utilized by the CWS; (3) the community 

water system’s monitoring practices; (4) the financial infrastructure 

of the community water system, including cyber protections, for infrastructure of the CWS; (5) the CWS’s use, storage, or handling 

of various chemicals; and (6) the CWS’s operation and maintenance. In addition, proposed SDWA section 1433(a)(1)(B) permits 

the CWS to include in its assessment an evaluation of capital and 

operational needs for its risk and resilience management. 

The Committee notes that proposed section 1433 uses the term 

‘‘malevolent act’’ in place of the terms ‘‘terrorist attack or other intentional acts.’’ The Committee does not intend the switching of 

these terms to be interpreted to mean that these activities are no 

longer covered. Rather, the Committee used the term ‘‘malevolent 

acts’’ to capture the term used in the drinking water utility sector 

to encompass the range of threats facings CWSs. When it comes to 

matters surrounding acts meant to substantially disrupt the ability 

of the system to provide a safe and reliable supply of drinking 

water, the Committee wants no ambiguity within the CWS sector 

about what types of assessments or responses need to be made. 

The Committee also defined and included resilience to natural 

hazards in this section because the Committee understands that 

the drinking water utility sector currently assesses and addresses 

their risks holistically, looking at both intentional acts and natural 

hazards such as extreme weather. In the wake of Hurricanes Harvey, Irma, and Maria, resilience efforts like this by drinking water 


dlhill on DSK3GLQ082PROD with HEARING
32 

systems can prepare for and mitigate help impacts from extreme 

weather. 

To aid community water systems in assessing potential risks 

from malevolent acts, proposed SDWA section 1433(a)(2) requires 

EPA, after consultation with appropriate Federal, State, and local 

departments and agencies and not later than August 1, 2019, to 

provide relevant baseline information to community water systems 

on malevolent acts that may substantially disrupt the ability of the 

CWS to provide a safe and reliable supply of drinking water or 

might otherwise present significant public health or economic concerns to the community served by the CWS. 

Proposed SDWA section 1433(a)(3)(A) requires community water 

systems serving more than more 3,300 persons to submit a certification to EPA that the CWS has completed the assessment it is 

mandated to do under proposed SDWA section 1433(a)(1). As is 

done in existing SDWA section 1433(a)(2), proposed SDWA section 

1433(a)(3)(A) creates a staggered deadline for submission of the required certification based on the size of the CWS. Specifically, 

CWSs serving a population of 100,000 or more persons must submit their certification by March 31, 2020; CWSs serving a population of between 50,000 and 99,999 persons must submit their certification by December 31, 2020; and CWSs serving a population 

between 3,301 persons and 49,999 must submit their certification 

by June 30, 2021. 

Of note, proposed SDWA section 1433(a)(3)(B) requires each 

CWS that performed a risk and resilience assessment to review 

their assessment every 5 years—from the date that its certification 

was due to EPA under proposed section 1433(a)(3)(A)—to determine whether its assessment needs to be revised. Similar to proposed SDWA section 1433(a)(3)(A), once the CWS completes its 

quintennial review of its assessment, proposed SDWA section 

1433(a)(3)(B) requires the CWS to submit a certification to EPA 

that it has reviewed its assessment and, if applicable, revised its 

risk and resilience assessment. 

Proposed SDWA section 1433(a)(4) details the contents required 

to be made a part of the certification. This section states that the 

certifications are limited to three pieces of information: (1) the 

identity of the community water system submitting the certification, (2) the date of the certification, and (3) a statement that the 

community water system has conducted, reviewed, or revised the 

assessment. Since proposed SDWA section 1433 removes the broad 

information protections in existing SDWA section 1433, any information protection afforded to a CWS will come from EPA’s determination that it meets the criteria of the Freedom of Information 

Act (FOIA). Any CWS unsure whether submitting additional information on their certification will be protected by FOIA, submits 

that data at it and its customers’ risk. 

Proposed SDWA section 1433(a)(5) also retains existing provisions in SDWA section 1433 that prevent a CWS from being required to provide, under State or local law, a risk and resilience assessment (or any revision of it) to any State, regional, or local governmental entity solely because proposed SDWA section 1433 required the CWS to submit a certification to EPA. 

The Committee believes the use of certifications in the newly proposed SDWA section 1433 represents an important compromise 


dlhill on DSK3GLQ082PROD with HEARING
33 

from existing law and one that addresses concerns about protecting 

very sensitive information from public disclosure, while at the same 

time removing obligations on EPA that made use of the information difficult and erected substantial financial, storage, and disposal challenges for the EPA. 

Section 7(a) also retains the existing SDWA requirement for 

emergency response plans. Proposed SDWA section 1433(b) requires a CWS serving more than 3,300 people to prepare or revise 

an emergency response plan that incorporates findings of its risk 

and resilience assessment under proposed SDWA section 

1433(a)(1). In the same form and manner as established under proposed SDWA section 1433(a)(3), proposed SDWA section 1433(b)(1) 

requires each CWS to certify to EPA, as soon as reasonably possible after the date of enactment of the Drinking Water System Improvement Act of 2017, but not later than six months after completion of its risk and resilience assessment, that the CWS complete 

its emergency response plan. Proposed SDWA section 1433(b) requires four elements be included in the emergency response plan: 

(1) strategies and resources to improve the resilience of the CWS, 

including the physical and cyber security of the CWS; (2) 

implementable plans and procedures and identification of equipment that can be utilized in the event of a malevolent act or natural hazard that threatens the ability of the CWS to deliver safe 

drinking water; (3) actions, procedures, and equipment that can obviate or significantly lessen the impact of a malevolent act or natural hazards on public health and the supply of drinking water; 

and (4) usable strategies to aid in the detection of malevolent acts 

or natural hazards that threaten the security or resilience of the 

CWS. 

Proposed SDWA section 1433(c) is designed to ensure a harmonized response to actual events at the CWS. Specifically, the 

CWSs is mandated, to the extent possible, to coordinate with existing local emergency planning committees established under the 

Emergency Planning and Community Right-To-Know Act of 1986 

when preparing or revising a risk and resilience assessment or 

emergency response plan. 

Newly proposed SDWA section 1433(d), which requires each 

CWS required to do a risk and resilience assessment or emergency 

response plan under section 1433 to maintain, for five years, a copy 

of the assessment and the emergency response plan (including any 

revised assessment or plan) submitted to EPA. 

Proposed SDWA section 1433(e) requires EPA to provide guidance and technical assistance to community water systems serving 

a population of less than 3,300 persons on how to conduct resilience 

assessments, prepare emergency response plans, and address 

threats from malevolent acts and natural hazards that threaten to 

disrupt the provision of safe drinking water or significantly affect 

the public health or the safety or supply of drinking water. Even 

though these sized water systems are not required to do a risk and 

resilience assessment or devise an emergency response plan, the 

Committee notes the value that programs like this provided to 

smaller utilities trying to protect themselves from malevolent acts. 

Proposed SDWA section 1433(f) creates a path to compliance 

with this section that is separate from the requirements contained 

in proposed subsections (a)(1) and (b) of SDWA section 1433. SpeVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
34 

cifically, proposed SDWA section 1433(f)(1) permits a CWS to meet 

some of its compliance obligations under this section by using and 

complying with technical standards that the EPA Administrator, 

pursuant to section 12(d) of the National Technology Transfer and 

Advancement Act of 1995, has recognized as a means of satisfying 

the requirements proposed in sections 1433(a)(1) and 1433(b). Regardless of its use of proposed section 1433(f) to satisfy compliance 

with risk and resilience assessment and emergency response plans, 

the CWS is still obligated to submit certifications to EPA acknowledging completion of the assessment and plan requirements. 

The Committee believes the alternate compliance path provided 

in proposed SDWA section 1433(f) will increase overall compliance 

by CWSs and reduce the administrative burden on EPA and regulated stakeholders. The Committee recognizes that, because of 

changes in technology and emerging threats, water systems may be 

reluctant to make upgrades if they are concerned with ensuring 

regulatory compliance. The Committee’s language intends to capitalize on efforts that have been organically occurring over the last 

10 years in the drinking water sector to improve detection and response to terrorism and other natural disasters. The Committee 

has taken specific notice of efforts taken by drinking water utilities, such as J–100, the American Water Work Association/American National Standards Institute voluntary consensus standard 

encompassing an all-hazards risk and resilience management process, and EPA’s workshops and tabletop exercises for terrorism and 

other national hazards facing drinking water systems in smaller 

and rural communities. For this reason, the language of proposed 

section 1433(f)(2) deploys the Federal government’s existing practice, under section 12(d) of the National Technology Transfer and 

Advancement Act of 1995, of recognizing technical standards developed or adopted by third-party organizations or voluntary consensus standards bodies that carry out the policy objectives of or 

activities required by Federal law. 

Proposed SDWA section 1433(g) creates an EPA program, called 

the Drinking Water Infrastructure Risk and Resilience Program, 

under which EPA can award grants to owners or operators of 

CWSs to help increase their resilience. Grants made available 

under this subsection are authorized for five years, from fiscal year 

2018 through 2022. 

Under proposed SDWA section 1433(g)(2), an owner or operator 

of a CWS receiving a grant from the Drinking Water Infrastructure 

Risk and Resilience Program is required to use the grant funds exclusively to assist in the planning, design, construction, or implementation of a program or project consistent with its emergency response plan. Eligible expenses include a range of items and activities, including the purchase and installation of equipment to detect 

drinking water contaminants or malevolent acts; fencing, gating, 

lighting, or security cameras; treatment technologies and equipment to improve drinking water system resilience; improvements to 

electronic, computer, financial, or other automated systems and remote systems; and participation in training programs, and the purchase of training manuals and guidance materials, relating to security and resilience. 

Proposed SDWA section 1433(g)(3) precludes grants awarded 

from the Drinking Water Infrastructure Risk and Resilience ProVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
35 

gram from being used for used for personnel costs, or for monitoring, operation, or maintenance of facilities, equipment, or systems. 

Proposed SDWA section 1433(h)(4) authorizes, for fiscal years 2018 through 2022, $5,000,000 from the funds provided to the 

Drinking Water Infrastructure Risk and Resilience Program to provide technical assistance to community water systems to assist in 

responding to and alleviating a vulnerability that would substantially disrupt the CWS system from providing a safe and reliable 

supply of drinking water that EPA determines to present an immediate and urgent need. 

Proposed SDWA section 1433(h)(5) authorizes, for fiscal years 2018 through 2022, $10,000,000 from the funds provided to the 

Drinking Water Infrastructure Risk and Resilience Program to provide grants to community water systems serving a population of 

less than 3,300 persons, or nonprofit organizations receiving assistance under SDWA section 1442(e), for technical assistance activities that are consistent with proposed SDWA section 1433(e). 

Proposed SDWA section 1433(h)(6) authorizes appropriations of $35,000,000 for each of fiscal years 2018 to 2022 to carry out 

SDWA section 1433(h). 

Finally, proposed section 1433(h) creates the operable definitions 

for proposed for use in SDWA section 1433. 

The term ‘‘resilience’’ means the ability of a community water 

system or an asset of a community water system to adapt to or 

withstand the effects of a malevolent act or natural hazard without 

interruption to the asset’s or system’s function, or if the function 

is interrupted, to rapidly return to a normal operating condition. 

The term ‘‘natural hazard’’ means a natural event that threatens 

the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes. 

Section 7(b)(1) makes a clarification regarding the treatment of 

information obtained by EPA under SDWA section 1433 prior to 

the date of enactment the Drinking Water System Improvement 

Act. The Committee understands that even though many years 

have passed since community water systems submitted their vulnerability information to EPA, even an accidental release of information could compromise the security of America’s water system or 

the public’s health. For this reason, section 7(b) retains, for information previously submitted to EPA pursuant to SDWA section 

1433, the protections from public disclosure that were in effect on 

the day before enactment of the Drinking Water System Improvement Act. 

Section 7(b)(2) attempts to address whether and how to dispose 

of vulnerability assessments and related information obtained by 

EPA more than 10 years ago. Due to stringent statutory requirements on access controls, handling, and providing this sensitive information submitted to others, EPA has been unable to find a costeffective way to return potentially outdated vulnerability assessments to the submitting CWS without risking unauthorized disclosure or otherwise violating the law. Section 7(b)(2) requires EPA, 

in partnership with community water systems to develop a strategy 

to, timely, securely, and permanently dispose of, or return to the 

applicable community water system, any information EPA obtained 

from it that contains protected information. 


dlhill on DSK3GLQ082PROD with HEARING
36 

Section 8. Authorization for grants for state programs 

Section 8 reauthorizes appropriations for the Public Water System Supervision grants under SDWA section 1443(a)(7) at 

$150,000,000 in each of fiscal years 2018 through 2022. 

Section 9. Monitoring for unregulated contaminants 

Section 9 amends SDWA section 1445 to require, no earlier than 

three years after the date of enactment of the Drinking Water System Improvement Act and subject to certain conditions, monitoring 

of unregulated contaminants by public water systems serving between 3,300 and 10,000 persons. 

Specifically, section 9(a) suspends the SDWA section 

1445(a)(2)(A) requirement to only require a representative sample 

of public water systems serving 10,000 persons or fewer to monitor 

for unregulated contaminants. In its place, section 9(a) requires, 

subject to the availability of appropriations and a determination of 

sufficient laboratory capacity to accommodate the additional analyses, that public water systems serving between 3,300 and 10,000 

persons be subject to monitoring requirements and that a system 

serving less than 3,300 be subject to monitoring only as part of a 

representative sample. 

Finally, section 9(c) amends SDWA section 1445(g)(7) to require 

unregulated contaminant monitoring data collected using this new, 

broader universe of systems serving between 3,300 and 10,000 persons, be included in EPA’s Unregulated Contaminants Data Base 

unless it duplicates monitoring information obtained from similarly 

sized public water systems. 

The Committee is aware of the compliance burden that new monitoring could create for many smaller public water systems, especially since utilities subject to monitoring as part of a representative sample have their mailing and testing costs paid for by the 

Federal government. The Committee took care to protect against 

this burden in two ways. First, section 9(b) does not affect the intent and operation of SDWA sections 1445(a)(2)(H) and 1452(o)— 

but extends the authorization in SDWA section 1445(a)(2)(H) 

through fiscal year 2022—and section 9(a) adds an additional authorization of $15,000,000 in appropriations for this purpose. Second, to avoid systems’ non-compliance due to their inability to afford it without Federal aid, the Committee conditioned the requirement on EPA, in proposed SDWA section 1445(j)(1), to require 

monitoring for systems serving between 3,300 and 10,000 on the 

availability of appropriations. If the appropriations are not available to address the burdens to EPA and water systems, the Committee intends that EPA revert to its existing practice of using a 

representative sample for systems serving a population of 10,000 or 

fewer. 

The Committee supports EPA’s use of high quality science in its 

work, but is concerned that invalid, incomplete, or incorrectly gathered monitoring data will compromise its value to EPA, particularly in terms of meeting EPA’s statistical modeling and analysis 

of it. Since the Committee does not wish to place water systems in 

the ‘‘Catch-22’’ position of complying with the requirement to obtain the sample, but unable to have an approved laboratory to analyze the sample; section 9(a) contains proposed SDWA section 

1445(j)(3), which permits EPA to stop these new monitoring reVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
37 

quirements if there is not sufficient laboratory capacity to carry out 

the sample analysis. Should EPA determine there is not sufficient 

laboratory capacity to handle the increase in required monitoring, 

the Committee intends that EPA revert to its existing practice of 

using a representative sample for systems serving a population of 

10,000 or fewer. 

Section 10. State Revolving Loan Funds 

Section 10 makes different amendments to provisions related to 

State Revolving Loan Funds under SDWA section 1452. 

Section 10(a) clarifies and expands the types of eligible expenditures permitted from a State DWSRF under SDWA section 

1452(a)(2)(B), conditioned on the EPA Administrator determining 

that they facilitate compliance with national primary drinking 

water standards or significantly further the public health objectives 

of the SDWA. Specifically, ‘‘siting’’ is now its own expenditure—and 

not a subset of ‘‘an associated preconstruction activity’’—and ‘‘replacing or rehabilitating aging treatment, storage, or distribution 

facilities of public water systems’’ becomes an explicit eligible use. 

Section 10(b) also amends the American Iron and Steel Products 

purchase requirements in SDWA section 1452(a)(4) by extending 

its application to fiscal years 2018 through 2022. 

Section 10(c) adds a new SDWA section 1452(a)(5) that requires, 

between fiscal years 2018 and 2022, water utilities serving a population of more than 10,000 can only obtain DWSRF funding if they 

considered the cost and effectiveness of the relevant processes, materials, techniques, and technologies for carrying out their project 

and certified this consideration to its State. 

This provision is not meant to convey a preference for any materials nor to make cost the sole feature of any consideration. Rather, 

this language is an effort to ensure DWSRF money is going to 

projects where recipients have considered both the cost as well as 

the effectiveness of the relevant processes, materials, techniques, 

and technologies that public money is purchasing. 

The Committee is aware that section 602(b)(13) of the Federal 

Water Pollution Control Act (Clean Water Act) currently contains 

a related mandate on recipients of Clean Water Act State Revolving Funds that could serve as a model. Rather than using the exact 

same mandate in the Safe Drinking Water Act, the Committee was 

worried about the potential burden this could place on States and 

those receiving assistance from the DWSRF. The Committee consciously chose to use a less prescriptive and burdensome version of 

Clean Water Act section 602(b)(13). 

Whereas the Clean Water Act language requires a waste water 

utility to ‘‘study and evaluate’’ the cost and effectiveness of the 

processes, materials, techniques, and technologies used in the 

project funded by the SRF money, section 10(c) of the Drinking 

Water System Improvement Act only requires the system to ‘‘consider’’ them. The Committee does not intend this consideration to 

be a perfunctory exercise, an endless analysis by the community, 

or litigated by goods or services providers that are not selected for 

a project. Consideration is satisfied when a community’s relevant 

authority thinks about reasonably available, technically and economically feasible products to complete the project, what their reVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
38 

spective costs might be, and whether the technical or environmental conditions merit their use. 

Importantly, the required consideration is not binding on the decision made by a community. Communities have several reasons for 

making the decisions that they do and the Committee believes 

those are discussions that need to occur between community decision makers and the users of the system. 

The Clean Water Act language places requirements on the selection of projects by SRF applicants as well as certain needs that 

must be achieved through the selection process. The language in 

section 10(c), however, intentionally omits selection criteria mandates. The Committee is concerned that doing so would sever the 

important relationship between local communities and their engineer of record in designing a water project in the manner that best 

serves the unique needs and considerations of local communities. 

Finally, section 10(c), like the Clean Water Act, requires a certification to the State—presumably the office responsible for operating 

its DWSRF—that the consideration has been made by the DWSRF 

applicant. The Committee does not intend this to be a burdensome 

or involved process and is concerned this requirement could be misunderstood and develop into an onerous approval process, which 

could unnecessarily delay projects. The Committee understands 

that some States require only a signed check list to demonstrate 

compliance to the State under the Clean Water Act; that simple arrangement would more than meet the Committee’s expectation for 

fulfillment of the certification. 

Section 10(d) institutes a new SDWA section 1452(a)(6) that applies Federal requirements regarding prevailing wage treatment for 

laborers and mechanics to drinking water loan funded construction 

under the Safe Drinking Water Act. The practical value of this provision is that it locates the prevailing wage requirement in the 

SDWA. Congress already has applied Davis-Bacon prevailing wage 

requirements through appropriations law to DWSRF program funding for fiscal year 2012 and all future years. 

Section 10(e) makes two changes to SDWA section 1452(d)(2) related to the amount of loan subsidies made available to disadvantaged communities by a State DWSRF in a fiscal year, including 

those communities a State expects to become disadvantaged because of its proposed project. 

Under section 10(e), the ceiling on the amount of DWSRF assistance used for these purposes is raised from 30 percent to 35 percent of the State’s capitalization grant. 

Additionally, section 10(e) institutes a minimum requirement 

that 6 percent of a State’s annual DWSRF capitalization grant be 

dedicated to loan subsidies made available to eligible water systems meeting the definition of a disadvantaged community under 

SDWA section 1452(d)(3). If a State does not have enough applications for DWSRF assistance from eligible disadvantaged communities that total 6 percent of the State’s annual DWSRF capitalization grant, the State may use these funds for other worthy DWSRF 

applicants. 

Section 10(f) makes changes to SDWA section 1452(f)(1) regarding repayment of principal and interest on loans issued by a State 

DWSRF. Existing law provides that principal and interest payments begin no later than one year after completion of the project; 


dlhill on DSK3GLQ082PROD with HEARING
39 

that each loan to be fully amortized within 20 years of the project’s 

completion; and that States may provide disadvantaged communities an extended loan period of 30 years after the date of project’s 

completion so long as the extended term does not exceed the expected design life of the project. 

Under section 10(f), principal and interest payments cannot 

begin later than 18 months after completion of the project on which 

the loan was made; requires each loan to be fully amortized within 

30 years of the project’s completion; and permits States to allow 

disadvantaged communities an extended loan period of 40 years 

after the date of project’s completion so long as the extended term 

does not exceed the expected design life of the project. 

Section 10(g) amends SDWA section 1452(h) to require EPA, in 

any needs assessment after the date of enactment of the Drinking 

Water System Improvement Act, to include an assessment of costs 

to replace all lead service lines (as defined in SDWA section 

1459B(a)(4)) of all eligible public water systems in the United 

States. To help provide a more granular picture of lead service 

lines, section 10(g) requires EPA’s assessment to separately describe the costs associated with replacing the portions of lead service lines that are owned by an eligible public water system and, to 

the extent practicable, the costs associated with replacing any remaining portions of lead service lines, including those owned by 

private residences. 

The Committee wishes to note here that it is aware of ongoing 

legal questions related to the ownership of lead service lines. The 

Committee does not wish to use this bill to take a position on that 

question and intentionally drafted to avoid any implication that 

Congress was taking an opinion on this matter. 

Section 10(h) removes the current restriction in SDWA section 

1452(k)(1)(C) on States using a portion of their DWSRF capitalization grant to delineate and assess source water protection areas in 

accordance with SDWA section 1453. Section 10(h) retains the requirement in SDWA section 1452(k)(1)(C) that funds set aside for 

this purpose be obligated within four fiscal years. 

Section 10(i) reauthorizes appropriations to carry out SDWA section 1452 and operation of the DWSRF, providing $8 million over 

five years. Specifically, section 10(i) authorizes $1.2 billion in fiscal 

year 2018, $1.4 billion in fiscal year 2019, $1.6 billion in fiscal year 

2020, $1.8 billion in fiscal year 2021, and $2 billion in fiscal year 

2022. 

Section 10(j) creates a new SDWA section 1452(s) related to best 

practices for the DWSRF. Specifically, EPA is authorized to collect—within three years—information from States on efforts and 

practices related to streamlining and aiding the DWSRF application process; spending of DWSRF funds and types of assistance 

granted; and enhancing management of and use of key financial 

measures for their DWSRFs. EPA is then required to take this information and make publicly available those best practices from 

among the data it has collected. 

Section 11. Authorization for Source Water Petition Programs 

Section 11 extends the reauthorization of appropriations from fiscal years 2018 through 2022 to carry out the Source Water Petition 

Program under SDWA section 1454(e). The program provides 


dlhill on DSK3GLQ082PROD with HEARING
40 

grants to States that establish a voluntary source water protection 

partnership program that meets EPA guidelines and is approved by 

the Administrator. 

Section 12. Review of technologies 

Section 12 creates a new SDWA section 1459C dedicated to innovative efforts to protect public health. This section authorizes $10 

million for EPA to review existing and potential methods, means, 

equipment, and intelligent systems or other smart smart-technology to: (1) ensure the physical integrity of a community water 

system; (2) prevent, detect, or respond in real-time to regulated 

contaminants in drinking water and source water; (3) allows for 

use of alternate drinking water supplies from non-traditional 

sources; and (4) facilitate source water assessments and protection. 

Section 13. Drinking water fountain replacement for schools 

Section 13 creates a new SDWA section 1465. Under this section, 

EPA is required to establish a grant program, authorized at 

$5,000,000 per year for fiscal years 2018 through 2022, to provide 

assistance to schools and daycare centers containing drinking 

water fountains manufactured before 1988. Specifically, the grants 

are to be used to replace those drinking water fountains and may 

be used to pay for monitoring lead levels in those schools or 

daycare centers. 

Section 13 also requires that priority for awarding these grants 

should go to schools and daycare centers based upon economic 

need. The Committee intends ‘‘economic need’’ to be interpreted to 

mean that the school or daycare would otherwise have trouble obtaining the resources to make this improvement. 

Section 14. Source water 

Section 14 amends the Emergency Planning and Community 

Right to Know Act (EPCRA) to help community water systems better understand real and potential threats to the source water they 

treat for drinking water. 

First, section 14 amends EPCRA section 304 to have a State 

emergency response commission notify the State office primarily responsible for drinking water if a regulated entity has an unauthorized release to the source water of a community water system. 

Once notified, the State office primarily responsible for drinking 

water then alerts any community water system whose source water 

is affected by such release. 

In addition, section 14 amends EPCRA section 312(e) to permit 

community water systems to have access to information on the 

types of hazardous chemicals located at facilities near the source 

water they use for drinking water. 

Section 15. Report on Federal cross-cutting requirements 

The Subcommittee on the Environment received testimony on the 

impact of cross-cutting requirements. 

Section 15 requires the Government Accountability Office, within 

one year of the date of enactment of the Drinking Water System 

Improvement Act, to conduct a study and issue a report to Congress that identifies demonstrations of compliance with a State or 

local environmental law that may be substantially equivalent to 


dlhill on DSK3GLQ082PROD with HEARING
41 

any demonstration required by the Administrator for compliance 

with a Federal cross-cutting requirement (a requirement that is a 

condition for receipt of Federal funding). The study is supposed to 

be conducted in consultation with EPA, State agencies that have 

primary enforcement responsibility for SDWA, and public water 

systems. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

SAFE DRINKING WATER ACT 

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS 

* * * * * * * 

PART B—PUBLIC WATER SYSTEMS

* * * * * * * 

STATE PRIMARY ENFORCEMENT RESPONSIBILITY

SEC. 1413. (a) For purposes of this title, a State has primary enforcement responsibility for public water systems during any period 

for which the Administrator determines (pursuant to regulations 

prescribed under subsection (b)) that such State— 

(1) has adopted drinking water regulations that are no less 

stringent than the national primary drinking water regulations 

promulgated by the Administrator under subsections (a) and 

(b) of section 1412 not later than 2 years after the date on 

which the regulations are promulgated by the Administrator, 

except that the Administrator may provide for an extension of 

not more than 2 years if, after submission and review of appropriate, adequate documentation from the State, the Administrator determines that the extension is necessary and justified; 

(2) has adopted and is implementing adequate procedures for 

the enforcement of such State regulations, including conducting such monitoring and making such inspections as the 

Administrator may require by regulation; 

(3) will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation; 

(4) if it permits variances or exemptions, or both, from the 

requirements of its drinking water regulations which meet the 

requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less 

stringent than the conditions under, and the manner in, which 

variances and exemptions may be granted under sections 1415 

and 1416; 

(5) has adopted and can implement an adequate plan for the 

provision of safe drinking water under emergency cirVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
42 

cumstances including earthquakes, floods, hurricanes, and 

other natural disasters, as appropriateø; and¿; 

(6) has adopted and is implementing procedures for requiring 

public water systems to assess options for, and complete, consolidation or transfer of ownership, in accordance with the regulations issued by the Administrator under section 1414(h)(6); 

and 

ø(6)¿ (7) has adopted authority for administrative penalties 

(unless the constitution of the State prohibits the adoption of 

the authority) in a maximum amount— 

(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and 

(B) in the case of any other system, that is adequate to 

ensure compliance (as determined by the State); 

except that a State may establish a maximum limitation on 

the total amount of administrative penalties that may be imposed on a public water system per violation. 

(b)(1) The Administrator shall, by regulation (proposed within 

180 days of the date of the enactment of this title), prescribe the 

manner in which a State may apply to the Administrator for a determination that the requirements øof paragraphs (1), (2), (3), and 

(4)¿ of subsection (a) are satisfied with respect to the State, the 

manner in which the determination is made, the period for which 

the determination will be effective, and the manner in which the 

Administrator may determine that such requirements are no longer 

met. Such regulations shall require that before a determination of 

the Administrator that such requirements are met or are no longer 

met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons 

therefor and shall provide an opportunity for public hearing on the 

determination. Such regulations shall be promulgated (with such 

modifications as the Administrator deems appropriate) within 90 

days of the publication of the proposed regulations in the Federal 

Register. The Administrator shall promptly notify in writing the 

chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the 

regulations and shall specify a State’s authority under this title 

when it is determined to have primary enforcement responsibility 

for public water systems. 

(2) When an application is submitted in accordance with the Administrator’s regulations under paragraph (1), the Administrator 

shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his 

denial. 

(c) INTERIM PRIMARY ENFORCEMENT AUTHORITY.—A State that 

has primary enforcement authority under this section with respect 

to each existing national primary drinking water regulation shall 

be considered to have primary enforcement authority with respect 

to each new or revised national primary drinking water regulation 

during the period beginning on the effective date of a regulation 

adopted and submitted by the State with respect to the new or revised national primary drinking water regulation in accordance 

with subsection (b)(1) and ending at such time as the AdminisVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
43 

trator makes a determination under subsection (b)(2)(B) with respect to the regulation. 

ENFORCEMENT OF DRINKING WATER REGULATIONS

SEC. 1414. (a)(1)(A) Whenever the Administrator finds during a 

period during which a State has primary enforcement responsibility for public water systems (within the meaning of section 

1413(a)) that any public water system— 

(i) for which a variance under section 1415 or an exemption 

under section 1416 is not in effect, does not comply with any 

applicable requirement, or 

(ii) for which a variance under section 1415 or an exemption 

under section 1416 is in effect, does not comply with any 

schedule or other requirement imposed pursuant thereto, 

he shall so notify the State and such public water system and provide such advice and technical assistance to such State and public 

water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time. 

(B) If, beyond the thirtieth day after the Administrator’s notification under subparagraph (A), the State has not commenced appropriate enforcement action, the Administrator shall issue an order 

under subsection (g) requiring the public water system to comply 

with such applicable requirement or the Administrator shall commence a civil action under subsection (b). 

(2) ENFORCEMENT IN NONPRIMACY STATES.— (A) IN GENERAL.—If, on the basis of information available to the Administrator, the Administrator finds, with 

respect to a period in which a State does not have primary 

enforcement responsibility for public water systems, that a 

public water system in the State— 

(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not 

comply with any applicable requirement; or 

(ii) for which a variance under section 1415 or an 

exemption under section 1416 is in effect, does not 

comply with any schedule or other requirement imposed pursuant to the variance or exemption; 

the Administrator shall issue an order under subsection (g) 

requiring the public water system to comply with the requirement, or commence a civil action under subsection 

(b). 

(B) NOTICE.—If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an 

appropriate local elected official, if any, with jurisdiction 

over the public water system of the action prior to the time 

that the action is taken. 

(b) The Administrator may bring a civil action in the appropriate 

United States district court to require compliance with any applicable requirement, with an order issued under subsection (g), or with 

any schedule or other requirement imposed pursuant to a variance 

or exemption granted under section 1415 or 1416 if— 

(1) authorized under paragraph (1) or (2) of subsection (a), 

or 

(2) if requested by (A) the chief executive officer of the State 

in which is located the public water system which is not in 


dlhill on DSK3GLQ082PROD with HEARING
44 

compliance with such regulation or requirement, or (B) the 

agency of such State which has jurisdiction over compliance by 

public water systems in the State with national primary drinking water regulations or State drinking water regulations. 

The court may enter, in an action brought under this subsection, 

such judgment as protection of public health may require, taking 

into consideration the time necessary to comply and the availability 

of alternative water supplies; and, if the court determines that 

there has been a violation of the regulation or schedule or other requirement with respect to which the action was brought, the court 

may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator 

a civil penalty of not to exceed $25,000 for each day in which such 

violation occurs. 

(c) NOTICE TO STATES, THE ADMINISTRATOR, AND PERSONS

SERVED.— 

(1) IN GENERAL.—Each owner or operator of a public water 

system shall give notice of each of the following to the persons 

served by the system: 

(A) Notice of any failure on the part of the public water 

system to— 

(i) comply with an applicable maximum contaminant 

level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation; or 

(ii) perform monitoring required by section 1445(a). 

(B) If the public water system is subject to a variance 

granted under subsection (a)(1)(A), (a)(2), or (e) of section 

1415 for an inability to meet a maximum contaminant 

level requirement or is subject to an exemption granted 

under section 1416, notice of— 

(i) the existence of the variance or exemption; and 

(ii) any failure to comply with the requirements of 

any schedule prescribed pursuant to the variance or 

exemption. 

(C) Notice of the concentration level of any unregulated 

contaminant for which the Administrator has required 

public notice pursuant to paragraph (2)(F). 

(D) Notice that the public water system exceeded the 

lead action level under section 141.80(c) of title 40, Code 

of Federal Regulations (or a prescribed level of lead that 

the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to 

section 1412). 

(2) FORM, MANNER, AND FREQUENCY OF NOTICE.— 

(A) IN GENERAL.—The Administrator shall, by regulation, and after consultation with the States, prescribe the 

manner, frequency, form, and content for giving notice 

under this subsection. The regulations shall— 

(i) provide for different frequencies of notice based 

on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent; and 

(ii) take into account the seriousness of any potential adverse health effects that may be involved. 


dlhill on DSK3GLQ082PROD with HEARING
45 

(B) STATE REQUIREMENTS.— 

(i) IN GENERAL.—A State may, by rule, establish alternative notification requirements— 

(I) with respect to the form and content of notice 

given under and in a manner in accordance with 

subparagraph (C); and 

(II) with respect to the form and content of notice given under subparagraph (E). 

(ii) CONTENTS.—The alternative requirements shall 

provide the same type and amount of information as 

required pursuant to this subsection and regulations 

issued under subparagraph (A). 

(iii) RELATIONSHIP TO SECTION 1413.—Nothing in this 

subparagraph shall be construed or applied to modify 

the requirements of section 1413. 

(C) NOTICE OF VIOLATIONS OR EXCEEDANCES WITH POTENTIAL TO HAVE SERIOUS ADVERSE EFFECTS ON HUMAN

HEALTH.—Regulations issued under subparagraph (A) shall 

specify notification procedures for each violation, and each 

exceedance described in paragraph (1)(D), by a public 

water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. Each notice of violation or exceedance provided 

under this subparagraph shall— 

(i) be distributed as soon as practicable, but not 

later than 24 hours, after the public water system 

learns of the violation or exceedance; 

(ii) provide a clear and readily understandable explanation of— 

(I) the violation or exceedance; 

(II) the potential adverse effects on human 

health; 

(III) the steps that the public water system is 

taking to correct the violation or exceedance; and 

(IV) the necessity of seeking alternative water 

supplies until the violation or exceedance is corrected; 

(iii) be provided to the Administrator and the head 

of the State agency that has primary enforcement responsibility under section 1413, as applicable, as soon 

as practicable, but not later than 24 hours after the 

public water system learns of the violation or exceedance; and 

(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis 

after the consultation referred to in clause (iii), considering the health risks involved— 

(I) be provided to appropriate media, including 

broadcast media; 

(II) be prominently published in a newspaper of 

general circulation serving the area not later than 

1 day after distribution of a notice pursuant to 

clause (i) or the date of publication of the next 

issue of the newspaper; or 


dlhill on DSK3GLQ082PROD with HEARING
46 

(III) be provided by posting or door-to-door notification. 

(D) NOTICE BY THE ADMINISTRATOR.—If the State with 

primary enforcement responsibility or the owner or operator of a public water system has not issued a notice under 

subparagraph (C) for an exceedance of the lead action level 

under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator 

establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) 

that has the potential to have serious adverse effects on 

human health as a result of short-term exposure, not later 

than 24 hours after the Administrator is notified of the exceedance, the Administrator shall issue the required notice 

under that subparagraph. 

(E) WRITTEN NOTICE.— 

(i) IN GENERAL.—Regulations issued under subparagraph (A) shall specify notification procedures for violations other than the violations covered by subparagraph (C). The procedures shall specify that a public 

water system shall provide written notice to each person served by the system by notice (I) in the first bill 

(if any) prepared after the date of occurrence of the 

violation, (II) in an annual report issued not later than 

1 year after the date of occurrence of the violation, or 

(III) by mail or direct delivery as soon as practicable, 

but not later than 1 year after the date of occurrence 

of the violation. 

(ii) FORM AND MANNER OF NOTICE.—The Administrator shall prescribe the form and manner of the notice to provide a clear and readily understandable explanation of the violation, any potential adverse health 

effects, and the steps that the system is taking to seek 

alternative water supplies, if any, until the violation is 

corrected. 

(F) UNREGULATED CONTAMINANTS.—The Administrator 

may require the owner or operator of a public water system to give notice to the persons served by the system of 

the concentration levels of an unregulated contaminant required to be monitored under section 1445(a). 

(3) REPORTS.— 

(A) ANNUAL REPORT BY STATE.— 

(i) IN GENERAL.—Not later than January 1, 1998, 

and annually thereafter, each State that has primary 

enforcement responsibility under section 1413 shall 

prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations 

by public water systems in the State, including violations with respect to (I) maximum contaminant levels, 

(II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to be significant by the Administrator after consultation with the States. 


dlhill on DSK3GLQ082PROD with HEARING
47 

(ii) DISTRIBUTION.—The State shall publish and distribute summaries of the report and indicate where 

the full report is available for review. 

(B) ANNUAL REPORT BY ADMINISTRATOR.—Not later than 

July 1, 1998, and annually thereafter, the Administrator 

shall prepare and make available to the public an annual 

report summarizing and evaluating reports submitted by 

States pursuant to subparagraph (A), notices submitted by 

public water systems serving Indian Tribes provided to the 

Administrator pursuant to subparagraph (C) or (E) of 

paragraph (2), and notices issued by the Administrator 

with respect to public water systems serving Indian Tribes 

under subparagraph (D) of that paragraph and making 

recommendations concerning the resources needed to improve compliance with this title. The report shall include 

information about public water system compliance on Indian reservations and about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning the resources needed to improve 

compliance with this title on Indian reservations. 

(4) CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER

SYSTEMS.— 

(A) øANNUAL REPORTS¿ REPORTS TO CONSUMERS.—The 

Administrator, in consultation with public water systems, 

environmental groups, public interest groups, risk communication experts, and the States, and other interested parties, shall issue regulations within 24 months after the 

date of enactment of this paragraph to require each community water system to mail, or provide by electronic 

means, to each customer of the system at least once annually a report on the level of contaminants in the drinking 

water purveyed by that system (referred to in this paragraph as a ‘‘consumer confidence report’’). Such regulations 

shall provide a brief and plainly worded definition of the 

terms ‘‘maximum contaminant level goal’’, ‘‘maximum contaminant level’’, ‘‘variances’’, and ‘‘exemptions’’ and brief 

statements in plain language regarding the health concerns that resulted in regulation of each regulated contaminant. The regulations shall also include a brief and 

plainly worded explanation regarding contaminants that 

may reasonably be expected to be present in drinking 

water, including bottled water. The regulations shall also 

provide for an Environmental Protection Agency toll-free 

hotline that consumers can call for more information and 

explanation. 

(B) CONTENTS OF REPORT.—The consumer confidence reports under this paragraph shall include, but not be limited to, each of the following: 

(i) Information on the source of the water purveyed. 

(ii) A brief and plainly worded definition of the 

terms ‘‘action level’’, ‘‘maximum contaminant level 

goal’’, ‘‘maximum contaminant level’’, ‘‘variances’’, and 

‘‘exemptions’’ as provided in the regulations of the Administrator. 


dlhill on DSK3GLQ082PROD with HEARING
48 

(iii) If any regulated contaminant is detected in the 

water purveyed by the public water system, a statement describing, as applicable— 

(I) the maximum contaminant level goal; 

(II) the maximum contaminant level; 

(III) the level of the contaminant in the water 

system; 

(IV) the action level for the contaminant; and 

(V) for any contaminant for which there has 

been a violation of the maximum contaminant 

level during the year concerned, a brief statement 

in plain language regarding the health concerns 

that resulted in regulation of the contaminant, as 

provided by the Administrator in regulations 

under subparagraph (A). 

(iv) Information on compliance with national primary drinking water regulations, as required by øthe 

Administrator, and¿ the Administrator, including corrosion control efforts, and notice if the system is operating under a variance or exemption and the basis on 

which the variance or exemption was granted. 

(v) Information on the levels of unregulated contaminants for which monitoring is required under section 1445(a)(2) (including levels of cryptosporidium 

and radon where States determine they may be 

found). 

(vi) A statement that the presence of contaminants 

in drinking water does not necessarily indicate that 

the drinking water poses a health risk and that more 

information about contaminants and potential health 

effects can be obtained by calling the Environmental 

Protection Agency hotline. 

(vii) Identification of, if any— 

(I) exceedances described in paragraph (1)(D) for 

which corrective action has been required by the 

Administrator or the State (in the case of a State 

exercising primary enforcement responsibility for 

public water systems) during the monitoring period covered by the consumer confidence report; 

and 

(II) violations that occurred during the monitoring period covered by the consumer confidence 

report. 

A public water system may include such additional information as it deems appropriate for public education. The 

Administrator may, for not more than 3 regulated contaminants other than those referred to in clause (iii)(V), 

require a consumer confidence report under this paragraph 

to include the brief statement in plain language regarding 

the health concerns that resulted in regulation of the contaminant or contaminants concerned, as provided by the 

Administrator in regulations under subparagraph (A). 

(C) COVERAGE.—The Governor of a State may determine 

not to apply the mailing requirement of subparagraph (A) 


dlhill on DSK3GLQ082PROD with HEARING
49 

to a community water system serving fewer than 10,000 

persons. Any such system shall— 

(i) inform, in the newspaper notice required by 

clause (iii) or by other means, its customers that the 

system will not be mailing the report as required by 

subparagraph (A); 

(ii) make the consumer confidence report available 

upon request to the public; and 

(iii) publish the report referred to in subparagraph 

(A) annually in one or more local newspapers serving 

the area in which customers of the system are located. 

(D) ALTERNATIVE TO PUBLICATION.—For any community 

water system which, pursuant to subparagraph (C), is not 

required to meet the mailing requirement of subparagraph 

(A) and which serves 500 persons or fewer, the community 

water system may elect not to comply with clause (i) or 

(iii) of subparagraph (C). If the community water system 

so elects, the system shall, at a minimum— 

(i) prepare an annual consumer confidence report 

pursuant to subparagraph (B); and 

(ii) provide notice at least once per year to each of 

its customers by mail, by door-to-door delivery, by 

posting or by other means authorized by the regulations of the Administrator that the consumer confidence report is available upon request. 

(E) ALTERNATIVE FORM AND CONTENT.—A State exercising primary enforcement responsibility may establish, 

by rule, after notice and public comment, alternative requirements with respect to the form and content of consumer confidence reports under this paragraph. 

(F) REVISIONS.— (i) UNDERSTANDABILITY AND FREQUENCY.—Not later 

than 24 months after the Drinking Water System Improvement Act of 2017, the Administrator, in consultation with the parties identified in subparagraph (A), 

shall issue revisions to the regulations issued under 

subparagraph (A)— 

(I) to increase— 

(aa) the readability, clarity, and understandability of the information presented in 

consumer confidence reports; and 

(bb) the accuracy of information presented, 

and risk communication, in consumer confidence reports; and 

(II) with respect to community water systems 

that serve 10,000 or more persons, to require each 

such community water system to provide, by mail, 

electronic means, or other methods described in 

clause (ii), a consumer confidence report to each 

customer of the system at least biannually. 

(ii) ELECTRONIC DELIVERY.—Any revision of regulations pursuant to clause (i) shall allow delivery of consumer confidence reports by methods consistent with 

methods described in the memorandum ‘‘Safe Drinking 

Water Act–Consumer Confidence Report Rule Delivery 


dlhill on DSK3GLQ082PROD with HEARING
50 

Options’’ issued by the Environmental Protection Agency on January 3, 2013. 

(5) EXCEEDANCE OF LEAD LEVEL AT HOUSEHOLDS.— 

(A) STRATEGIC PLAN.—Not later than 180 days after the 

date of enactment of this paragraph, the Administrator 

shall, in collaboration with owners and operators of public 

water systems and States, establish a strategic plan for 

how the Administrator, a State with primary enforcement 

responsibility, and owners and operators of public water 

systems shall provide targeted outreach, education, technical assistance, and risk communication to populations affected by the concentration of lead in a public water system, including dissemination of information described in 

subparagraph (C). 

(B) EPA INITIATION OF NOTICE.— 

(i) FORWARDING OF DATA BY EMPLOYEE OF THE AGENCY.—If the Agency develops, or receives from a source 

other than a State or a public water system, data that 

meets the requirements of section 1412(b)(3)(A)(ii) that 

indicates that the drinking water of a household 

served by a public water system contains a level of 

lead that exceeds the lead action level under section 

141.80(c) of title 40, Code of Federal Regulations (or a 

prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 

1412) (referred to in this paragraph as an ‘‘affected 

household’’), the Administrator shall require an appropriate employee of the Agency to forward the data, 

and information on the sampling techniques used to 

obtain the data, to the owner or operator of the public 

water system and the State in which the affected 

household is located within a time period determined 

by the Administrator. 

(ii) DISSEMINATION OF INFORMATION BY OWNER OR

OPERATOR.—The owner or operator of a public water 

system shall disseminate to affected households the 

information described in subparagraph (C) within a 

time period established by the Administrator, if the 

owner or operator— 

(I) receives data and information under clause 

(i); and 

(II) has not, since the date of the test that developed the data, notified the affected households— 

(aa) with respect to the concentration of 

lead in the drinking water of the affected 

households; and 

(bb) that the concentration of lead in the 

drinking water of the affected households exceeds the lead action level under section 

141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the 

Administrator establishes for public education 


dlhill on DSK3GLQ082PROD with HEARING
51 

or notification in a successor regulation promulgated pursuant to section 1412). 

(iii) CONSULTATION.— (I) DEADLINE.—If the owner or operator of the 

public water system does not disseminate to the 

affected households the information described in 

subparagraph (C) as required under clause (ii) 

within the time period established by the Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner 

or operator of the public water system to disseminate the information, the Administrator shall consult, within a period not to exceed 24 hours, with 

the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate 

the information to the affected households not 

later than 24 hours after the end of the consultation period. 

(II) DELEGATION.—The Administrator may only 

delegate the duty to consult under subclause (I) to 

an employee of the Agency who, as of the date of 

the delegation, works in the Office of Water at the 

headquarters of the Agency. 

(iv) DISSEMINATION BY ADMINISTRATOR.—The Administrator shall, as soon as practicable, disseminate to 

affected households the information described in subparagraph (C) if— 

(I) the owner or operator of the public water 

system does not disseminate the information to 

the affected households within the time period determined by the Administrator, as required by 

clause (ii); and 

(II)(aa) the Administrator and the applicable 

Governor do not agree on a plan described in 

clause (iii)(I) during the consultation period under 

that clause; or 

(bb) the applicable Governor does not disseminate the information within 24 hours 

after the end of the consultation period. 

(C) INFORMATION REQUIRED.—The information described 

in this subparagraph includes— 

(i) a clear explanation of the potential adverse effects on human health of drinking water that contains 

a concentration of lead that exceeds the lead action 

level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the 

Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412); 

(ii) the steps that the owner or operator of the public 

water system is taking to mitigate the concentration of 

lead; and 

(iii) the necessity of seeking alternative water supplies until the date on which the concentration of lead 

is mitigated. 


dlhill on DSK3GLQ082PROD with HEARING
52 

(6) PRIVACY.—Any notice to the public or an affected household under this subsection shall protect the privacy of individual customer information. 

(d) Whenever, on the basis of information available to him, the 

Administrator finds that within a reasonable time after national 

secondary drinking water regulations have been promulgated, one 

or more public water systems in a State do not comply with such 

secondary regulations, and that such noncompliance appears to result from a failure of such State to take reasonable action to assure 

that public water systems throughout such State meet such secondary regulations, he shall so notify the State. 

(e) Nothing in this title shall diminish any authority of a State 

or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, but no 

such law or regulation shall relieve any person of any requirement 

otherwise applicable under this title. 

(f) If the Administrator makes a finding of noncompliance (described in subparagraph (A) or (B) of subsection (a)(1)) with respect 

to a public water system in a State which has primary enforcement 

responsibility, the Administrator may, for the purpose of assisting 

that State in carrying out such responsibility and upon the petition 

of such State or public water system or persons served by such system, hold, after appropriate notice, public hearings for the purpose 

of gathering information from technical or other experts, Federal, 

State, or other public officials, representatives of such public water 

system, persons served by such system, and other interested persons on— 

(1) the ways in which such system can within the earliest 

feasible time be brought into compliance with the regulation or 

requirement with respect to which such finding was made, and 

(2) the means for the maximum feasible protection of the 

public health during any period in which such system is not in 

compliance with a national primary drinking water regulation 

or requirement applicable to a variance or exemption. 

On the basis of such hearings the Administrator shall issue recommendations which shall be sent to such State and public water 

system and shall be made available to the public and communications media. 

(g)(1) In any case in which the Administrator is authorized to 

bring a civil action under this section or under section 1445 with 

respect to any applicable requirement, the Administrator also may 

issue an order to require compliance with such applicable requirement. 

(2) An order issued under this subsection shall not take effect, 

in the case of a State having primary enforcement responsibility for 

public water systems in that State, until after the Administrator 

has provided the State with an opportunity to confer with the Administrator regarding the order. A copy of any order issued under 

this subsection shall be sent to the appropriate State agency of the 

State involved if the State has primary enforcement responsibility 

for public water systems in that State. Any order issued under this 

subsection shall state with reasonable specificity the nature of the 

violation. In any case in which an order under this subsection is 

issued to a corporation, a copy of such order shall be issued to appropriate corporate officers. 


dlhill on DSK3GLQ082PROD with HEARING
53 

(3)(A) Any person who violates, or fails or refuses to comply with, 

an order under this subsection shall be liable to the United States 

for a civil penalty of not more than $25,000 per day of violation. 

(B) In a case in which a civil penalty sought by the Adminis- trator under this paragraph does not exceed $5,000, the penalty 

shall be assessed by the Administrator after notice and opportunity 

for a public hearing (unless the person against whom the penalty 

is assessed requests a hearing on the record in accordance with section 554 of title 5, United States Code). In a case in which a civil 

penalty sought by the Administrator under this paragraph exceeds 

$5,000, but does not exceed $25,000, the penalty shall be assessed 

by the Administrator after notice and opportunity for a hearing on 

the record in accordance with section 554 of title 5, United States 

Code. 

(C) Whenever any civil penalty sought by the Administrator 

under this subsection for a violation of an applicable requirement 

exceeds $25,000, the penalty shall be assessed by a civil action 

brought by the Administrator in the appropriate United States district court (as determined under the provisions of title 28 of the 

United States Code). 

(D) If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of 

the Administrator, the Attorney General shall recover the amount 

for which such person is liable in any appropriate district court of 

the United States. In any such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. 

(h) CONSOLIDATION INCENTIVE.— 

(1) IN GENERAL.—An owner or operator of a public water system may submit to the State in which the system is located (if 

the State has primary enforcement responsibility under section 

1413) or to the Administrator (if the State does not have primary enforcement responsibility) a plan (including specific 

measures and schedules) for— 

(A) the physical consolidation of the system with 1 or 

more other systems; 

(B) the consolidation of significant management and administrative functions of the system with 1 or more other 

systems; øor¿ 

(C) the transfer of ownership of the system that may 

reasonably be expected to improve drinking water 

qualityø.¿; or 

(D) entering into a contractual agreement for significant 

management or administrative functions of the system to 

correct violations identified in the plan. 

(2) CONSEQUENCES OF APPROVAL.—If the State or the Administrator approves a plan pursuant to paragraph (1), no enforcement action shall be taken pursuant to this part with respect 

to a specific violation identified in the approved plan prior to 

the date that is the earlier of the date on which consolidation 

is completed according to the plan or the date that is 2 years 

after the plan is approved. 

(3) AUTHORITY FOR MANDATORY ASSESSMENT AND MANDATORY

CONSOLIDATION.— 


dlhill on DSK3GLQ082PROD with HEARING
54 

(A) MANDATORY ASSESSMENT.—A State with primary enforcement responsibility or the Administrator (if the State 

does not have primary enforcement responsibility) may require the owner or operator of a public water system to assess options for consolidation, or transfer of ownership of 

the system, as described in paragraph (1), if— 

(i) the public water system— 

(I) has repeatedly violated one or more national 

primary drinking water regulations and such repeated violations are likely to adversely affect 

human health; and 

(II)(aa) is unable or unwilling to take feasible 

and affordable actions, as identified by the State 

with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility), that will result in the 

public water system complying with the national 

primary drinking water regulations described in 

subclause (I), including accessing technical assistance and financial assistance through the State 

loan fund pursuant to section 1452; or 

(bb) has already undertaken actions described in 

item (aa) without achieving compliance; 

(ii) such consolidation or transfer is feasible; and 

(iii) such consolidation or transfer could result in 

greater compliance with national primary drinking 

water regulations. 

(B) MANDATORY CONSOLIDATION.—After review of an assessment under subparagraph (A), a State with primary enforcement responsibility or the Administrator (if the State 

does not have primary enforcement responsibility) may require the owner or operator of a public water system that 

completed such assessment to submit a plan for consolidation, or transfer of ownership of the system, under paragraph (1), and complete the actions required under such 

plan if— 

(i) the owner or operator of the public water system— 

(I) has not taken steps to complete consolidation; 

(II) has not transferred ownership of the system; 

or 

(III) was unable to achieve compliance after taking the actions described in clause (i)(II)(aa) of 

subparagraph (A); 

(ii) since completing such assessment, the public 

water system has violated one or more national primary drinking water regulations and such violations 

are likely to adversely affect human health; and 

(iii) such consolidation or transfer is feasible. 

(4) FINANCIAL ASSISTANCE.—Notwithstanding section 

1452(a)(3), a public water system undertaking consolidation or 

transfer of ownership or alternative actions to achieve compliance pursuant to this subsection may receive assistance under 

section 1452 to carry out such consolidation, transfer, or alternative actions. 

(5) PROTECTION OF NONRESPONSIBLE SYSTEM.— 


dlhill on DSK3GLQ082PROD with HEARING
55 

(A) IDENTIFICATION OF LIABILITIES.— 

(i) IN GENERAL.—An owner or operator of a public 

water system submitting a plan pursuant to paragraph 

(3) shall identify as part of such plan— 

(I) any potential liability for damages arising 

from each specific violation identified in the plan 

of which the owner or operator is aware; and 

(II) any funds or other assets that are available 

to satisfy such liability, as of the date of submission of such plan, to the public water system that 

committed such violation. 

(ii) INCLUSION.—In carrying out clause (i), the owner 

or operator shall take reasonable steps to ensure that 

all potential liabilities for damages arising from each 

specific violation identified in the plan submitted pursuant to paragraph (3) are identified. 

(B) RESERVATION OF FUNDS.—A public water system that 

has completed the actions required under a plan submitted 

and approved pursuant to paragraph (3) shall not be liable 

under this title for a violation of this title identified in the 

plan, except to the extent to which funds or other assets are 

identified pursuant to subparagraph (A)(i)(II) as available 

to satisfy such liability. 

(6) REGULATIONS.—Not later than 2 years after the date of 

enactment of the Drinking Water System Improvement Act of 

2017, the Administrator shall promulgate regulations to implement paragraphs (3), (4), and (5). 

(i) DEFINITION OF APPLICABLE REQUIREMENT.—In this section, 

the term ‘‘applicable requirement’’ means— 

(1) a requirement of section 1412, 1414, 1415, 1416, 1417, 

1433, 1441, or 1445; 

(2) a regulation promulgated pursuant to a section referred 

to in paragraph (1); 

(3) a schedule or requirement imposed pursuant to a section 

referred to in paragraph (1); and 

(4) a requirement of, or permit issued under, an applicable 

State program for which the Administrator has made a determination that the requirements of section 1413 have been satisfied, or an applicable State program approved pursuant to 

this part. 

(j) IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING DATA.— 

(1) STRATEGIC PLAN.—Not later than 1 year after the date of 

enactment of this subsection, the Administrator, in coordination 

with States, public water systems, and other interested stakeholders, shall develop and provide to Congress a strategic plan 

for improving the accuracy and availability of monitoring data 

collected to demonstrate compliance with national primary 

drinking water regulations and submitted— 

(A) by public water systems to States; or 

(B) by States to the Administrator. 

(2) EVALUATION.—In developing the strategic plan under 

paragraph (1), the Administrator shall evaluate any challenges 

faced— 


dlhill on DSK3GLQ082PROD with HEARING
56 

(A) in ensuring the accuracy and integrity of submitted 

data described in paragraph (1); 

(B) by States and public water systems in implementing 

an electronic system for submitting such data, including 

the technical and economic feasibility of implementing such 

a system; and 

(C) by users of such electronic systems in being able to access such data. 

(3) FINDINGS AND RECOMMENDATIONS.—The Administrator 

shall include in the strategic plan provided to Congress under 

paragraph (1)— 

(A) a summary of the findings of the evaluation under 

paragraph (2); and 

(B) recommendations on practicable, cost-effective methods and means that can be employed to improve the accuracy and availability of submitted data described in paragraph (1). 

(4) CONSULTATION.—In developing the strategic plan under 

paragraph (1), the Administrator may, as appropriate, consult 

with States or other Federal agencies that have experience using 

practicable methods and means to improve the accuracy and 

availability of submitted data described in such paragraph. 

* * * * * * * 

CAPACITY DEVELOPMENT

SEC. 1420. (a) STATE AUTHORITY FOR NEW SYSTEMS.—A State 

shall receive only 80 percent of the allotment that the State is otherwise entitled to receive under section 1452 (relating to State loan 

funds) unless the State has obtained the legal authority or other 

means to ensure that all new community water systems and new 

nontransient, noncommunity water systems commencing operation 

after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each national primary drinking 

water regulation in effect, or likely to be in effect, on the date of 

commencement of operations. 

(b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.— (1) LIST.—Beginning not later than 1 year after the date of 

enactment of this section, each State shall prepare, periodically 

update, and submit to the Administrator a list of community 

water systems and nontransient, noncommunity water systems 

that have a history of significant noncompliance with this title 

(as defined in guidelines issued prior to the date of enactment 

of this section or any revisions of the guidelines that have been 

made in consultation with the States) and, to the extent practicable, the reasons for noncompliance. 

(2) REPORT.—Not later than 5 years after the date of enactment of this section and as part of the capacity development 

strategy of the State, each State shall report to the Administrator on the success of enforcement mechanisms and initial 

capacity development efforts in assisting the public water systems listed under paragraph (1) to improve technical, managerial, and financial capacity. 

(3) WITHHOLDING.—The list and report under this subsection 

shall be considered part of the capacity development strategy 


dlhill on DSK3GLQ082PROD with HEARING
57 

of the State required under subsection (c) of this section for 

purposes of the withholding requirements of section 

1452(a)(1)(G)(i) (relating to State loan funds). 

(c) CAPACITY DEVELOPMENT STRATEGY.— (1) IN GENERAL.—Beginning 4 years after the date of enactment of this section, a State shall receive only— 

(A) 90 percent in fiscal year 2001; 

(B) 85 percent in fiscal year 2002; and 

(C) 80 percent in each subsequent fiscal year, 

of the allotment that the State is otherwise entitled to receive 

under section 1452 (relating to State loan funds), unless the 

State is developing and implementing a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. 

(2) CONTENT.—In preparing the capacity development strategy, the State shall consider, solicit public comment on, and include as appropriate— 

(A) the methods or criteria that the State will use to 

identify and prioritize the public water systems most in 

need of improving technical, managerial, and financial capacity; 

(B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local 

level that encourage or impair capacity development; 

(C) a description of how the State will use the authorities and resources of this title or other means to— 

(i) assist public water systems in complying with national primary drinking water regulations; 

(ii) encourage the development of partnerships between public water systems to enhance the technical, 

managerial, and financial capacity of the systems; and 

(iii) assist public water systems in the training and 

certification of operators; 

(D) a description of how the State will establish a baseline and measure improvements in capacity with respect to 

national primary drinking water regulations and State 

drinking water lawø; and¿; 

(E) an identification of the persons that have an interest 

in and are involved in the development and implementation of the capacity development strategy (including all appropriate agencies of Federal, State, and local governments, private and nonprofit public water systems, and 

public water system customers)ø.¿; and 

(F) a description of how the State will, as appropriate— 

(i) encourage development by public water systems of 

asset management plans that include best practices for 

asset management; and 

(ii) assist, including through the provision of technical assistance, public water systems in training operators or other relevant and appropriate persons in implementing such asset management plans. 

(3) REPORT.—Not later than 2 years after the date on which 

a State first adopts a capacity development strategy under this 

subsection, and every 3 years thereafter, the head of the State 

agency that has primary responsibility to carry out this title in 


dlhill on DSK3GLQ082PROD with HEARING
58 

the State shall submit to the Governor a report that shall also 

be available to the public on the efficacy of the strategy and 

progress made toward improving the technical, managerial, 

and financial capacity of public water systems in the State, including efforts of the State to encourage development by public 

water systems of asset management plans and to assist public 

water systems in training relevant and appropriate persons in 

implementing such asset management plans. (4) REVIEW.—The decisions of the State under this section 

regarding any particular public water system are not subject 

to review by the Administrator and may not serve as the basis 

for withholding funds under section 1452. 

(d) FEDERAL ASSISTANCE.— 

(1) IN GENERAL.—The Administrator shall support the States 

in developing capacity development strategies. 

(2) INFORMATIONAL ASSISTANCE.— 

(A) IN GENERAL.—Not later than 180 days after the date 

of enactment of this section, the Administrator shall— 

(i) conduct a review of State capacity development 

efforts in existence on the date of enactment of this 

section and publish information to assist States and 

public water systems in capacity development efforts; 

and 

(ii) initiate a partnership with States, public water 

systems, and the public to develop information for 

States on recommended operator certification requirements. 

(B) PUBLICATION OF INFORMATION.—The Administrator 

shall publish the information developed through the partnership under subparagraph (A)(ii) not later than 18 

months after the date of enactment of this section. 

(3) PROMULGATION OF DRINKING WATER REGULATIONS.—In 

promulgating a national primary drinking water regulation, 

the Administrator shall include an analysis of the likely effect 

of compliance with the regulation on the technical, financial, 

and managerial capacity of public water systems. 

(4) GUIDANCE FOR NEW SYSTEMS.—Not later than 2 years 

after the date of enactment of this section, the Administrator 

shall publish guidance developed in consultation with the 

States describing legal authorities and other means to ensure 

that all new community water systems and new nontransient, 

noncommunity water systems demonstrate technical, managerial, and financial capacity with respect to national primary 

drinking water regulations. 

(5) INFORMATION ON ASSET MANAGEMENT PRACTICES.—Not 

later than 5 years after the date of enactment of this paragraph, 

and not less often than every 5 years thereafter, the Administrator shall review and, if appropriate, update educational materials, including handbooks, training materials, and technical 

information, made available by the Administrator to owners, 

managers, and operators of public water systems, local officials, 

technical assistance providers (including nonprofit water associations), and State personnel concerning best practices for asset 

management strategies that may be used by public water systems. 


dlhill on DSK3GLQ082PROD with HEARING
59 

(e) VARIANCES AND EXEMPTIONS.—Based on information obtained 

under subsection (c)(3), the Administrator shall, as appropriate, 

modify regulations concerning variances and exemptions for small 

public water systems to ensure flexibility in the use of the 

variances and exemptions. Nothing in this subsection shall be interpreted, construed, or applied to affect or alter the requirements 

of section 1415 or 1416. 

(f) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY ASSISTANCE

CENTERS.— (1) GRANT PROGRAM.—The Administrator is authorized to 

make grants to institutions of higher learning to establish and 

operate small public water system technology assistance centers in the United States. 

(2) RESPONSIBILITIES OF THE CENTERS.—The responsibilities 

of the small public water system technology assistance centers 

established under this subsection shall include the conduct of 

training and technical assistance relating to the information, 

performance, and technical needs of small public water systems or public water systems that serve Indian Tribes. 

(3) APPLICATIONS.—Any institution of higher learning interested in receiving a grant under this subsection shall submit 

to the Administrator an application in such form and containing such information as the Administrator may require by 

regulation. 

(4) SELECTION CRITERIA.—The Administrator shall select recipients of grants under this subsection on the basis of the following criteria: 

(A) The small public water system technology assistance 

center shall be located in a State that is representative of 

the needs of the region in which the State is located for 

addressing the drinking water needs of small and rural 

communities or Indian Tribes. 

(B) The grant recipient shall be located in a region that 

has experienced problems, or may reasonably be foreseen 

to experience problems, with small and rural public water 

systems. 

(C) The grant recipient shall have access to expertise in 

small public water system technology management. 

(D) The grant recipient shall have the capability to disseminate the results of small public water system technology and training programs. 

(E) The projects that the grant recipient proposes to 

carry out under the grant are necessary and appropriate. 

(F) The grant recipient has regional support beyond the 

host institution. 

(5) CONSORTIA OF STATES.—At least 2 of the grants under 

this subsection shall be made to consortia of States with low 

population densities. 

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to make grants under this subsection 

$2,000,000 for each of the fiscal years 1997 through 1999, and 

$5,000,000 for each of the fiscal years 2000 through 2003. 

(g) ENVIRONMENTAL FINANCE CENTERS.— 

(1) IN GENERAL.—The Administrator shall provide initial 

funding for one or more university-based environmental fiVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00059 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
60 

nance centers for activities that provide technical assistance to 

State and local officials in developing the capacity of public 

water systems. Any such funds shall be used only for activities 

that are directly related to this title. 

(2) NATIONAL CAPACITY DEVELOPMENT CLEARINGHOUSE.—The 

Administrator shall establish a national public water system 

capacity development clearinghouse to receive and disseminate 

information with respect to developing, improving, and maintaining financial and managerial capacity at public water systems. The Administrator shall ensure that the clearinghouse 

does not duplicate other federally supported clearinghouse activities. 

(3) CAPACITY DEVELOPMENT TECHNIQUES.—The Administrator may request an environmental finance center funded 

under paragraph (1) to develop and test managerial, financial, 

and institutional techniques for capacity development. The 

techniques may include capacity assessment methodologies, 

manual and computer based public water system rate models 

and capital planning models, public water system consolidation 

procedures, and regionalization models. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $1,500,000 

for each of the fiscal years 1997 through 2003. 

(5) LIMITATION.—No portion of any funds made available 

under this subsection may be used for lobbying expenses. 

* * * * * * * 

PART D—EMERGENCY POWERS

* * * * * * * 

øSEC. 1433. TERRORIST AND OTHER INTENTIONAL ACTS. 

ø(a) VULNERABILITY ASSESSMENTS.—(1) Each community water 

system serving a population of greater than 3,300 persons shall 

conduct an assessment of the vulnerability of its system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the system to provide a safe and reliable supply 

of drinking water. The vulnerability assessment shall include, but 

not be limited to, a review of pipes and constructed conveyances, 

physical barriers, water collection, pretreatment, treatment, storage and distribution facilities, electronic, computer or other automated systems which are utilized by the public water system, the 

use, storage, or handling of various chemicals, and the operation 

and maintenance of such system. The Administrator, not later than 

August 1, 2002, after consultation with appropriate departments 

and agencies of the Federal Government and with State and local 

governments, shall provide baseline information to community 

water systems required to conduct vulnerability assessments regarding which kinds of terrorist attacks or other intentional acts 

are the probable threats to— 

ø(A) substantially disrupt the ability of the system to provide 

a safe and reliable supply of drinking water; or 

ø(B) otherwise present significant public health concerns. 

ø(2) Each community water system referred to in paragraph (1) 

shall certify to the Administrator that the system has conducted an 

assessment complying with paragraph (1) and shall submit to the 


dlhill on DSK3GLQ082PROD with HEARING
61 

Administrator a written copy of the assessment. Such certification 

and submission shall be made prior to: 

ø(A) March 31, 2003, in the case of systems serving a population of 100,000 or more. 

ø(B) December 31, 2003, in the case of systems serving a 

population of 50,000 or more but less than 100,000. 

ø(C) June 30, 2004, in the case of systems serving a population greater than 3,300 but less than 50,000. 

ø(3) Except for information contained in a certification under this 

subsection identifying the system submitting the certification and 

the date of the certification, all information provided to the Administrator under this subsection and all information derived therefrom shall be exempt from disclosure under section 552 of title 5 

of the United States Code. 

ø(4) No community water system shall be required under State 

or local law to provide an assessment described in this section to 

any State, regional, or local governmental entity solely by reason 

of the requirement set forth in paragraph (2) that the system submit such assessment to the Administrator. 

ø(5) Not later than November 30, 2002, the Administrator, in 

consultation with appropriate Federal law enforcement and intelligence officials, shall develop such protocols as may be necessary 

to protect the copies of the assessments required to be submitted 

under this subsection (and the information contained therein) from 

unauthorized disclosure. Such protocols shall ensure that— 

ø(A) each copy of such assessment, and all information contained in or derived from the assessment, is kept in a secure 

location; 

ø(B) only individuals designated by the Administrator may 

have access to the copies of the assessments; and 

ø(C) no copy of an assessment, or part of an assessment, or 

information contained in or derived from an assessment shall 

be available to anyone other than an individual designated by 

the Administrator. 

At the earliest possible time prior to November 30, 2002, the Administrator shall complete the development of such protocols for 

the purpose of having them in place prior to receiving any vulnerability assessments from community water systems under this subsection. 

ø(6)(A) Except as provided in subparagraph (B), any individual 

referred to in paragraph (5)(B) who acquires the assessment submitted under paragraph (2), or any reproduction of such assessment, or any information derived from such assessment, and who 

knowingly or recklessly reveals such assessment, reproduction, or 

information other than— 

ø(i) to an individual designated by the Administrator under 

paragraph (5), 

ø(ii) for purposes of section 1445 or for actions under section 

1431, or 

ø(iii) for use in any administrative or judicial proceeding to 

impose a penalty for failure to comply with this section, 

shall upon conviction be imprisoned for not more than one year or 

fined in accordance with the provisions of chapter 227 of title 18, 

United States Code, applicable to class A misdemeanors, or both, 

and shall be removed from Federal office or employment. 


dlhill on DSK3GLQ082PROD with HEARING
62 

ø(B) Notwithstanding subparagraph (A), an individual referred to 

in paragraph (5)(B) who is an officer or employee of the United 

States may discuss the contents of a vulnerability assessment submitted under this section with a State or local official. 

ø(7) Nothing in this section authorizes any person to withhold 

any information from Congress or from any committee or subcommittee of Congress. 

ø(b) EMERGENCY RESPONSE PLAN.—Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates the results of vulnerability assessments that have been 

completed. Each such community water system shall certify to the 

Administrator, as soon as reasonably possible after the enactment 

of this section, but not later than 6 months after the completion of 

the vulnerability assessment under subsection (a), that the system 

has completed such plan. The emergency response plan shall include, but not be limited to, plans, procedures, and identification of 

equipment that can be implemented or utilized in the event of a 

terrorist or other intentional attack on the public water system. 

The emergency response plan shall also include actions, procedures, and identification of equipment which can obviate or significantly lessen the impact of terrorist attacks or other intentional actions on the public health and the safety and supply of drinking 

water provided to communities and individuals. Community water 

systems shall, to the extent possible, coordinate with existing Local 

Emergency Planning Committees established under the Emergency 

Planning and Community Right-to-Know Act (42 U.S.C. 11001 et 

seq.) when preparing or revising an emergency response plan under 

this subsection. 

ø(c) RECORD MAINTENANCE.—Each community water system 

shall maintain a copy of the emergency response plan completed 

pursuant to subsection (b) for 5 years after such plan has been certified to the Administrator under this section. 

ø(d) GUIDANCE TO SMALL PUBLIC WATER SYSTEMS.—The Administrator shall provide guidance to community water systems serving a population of less than 3,300 persons on how to conduct vulnerability assessments, prepare emergency response plans, and address threats from terrorist attacks or other intentional actions designed to disrupt the provision of safe drinking water or significantly affect the public health or significantly affect the safety or 

supply of drinking water provided to communities and individuals. 

ø(e) FUNDING.—(1) There are authorized to be appropriated to 

carry out this section not more than $160,000,000 for the fiscal 

year 2002 and such sums as may be necessary for the fiscal years 

2003 through 2005. 

ø(2) The Administrator, in coordination with State and local governments, may use funds made available under paragraph (1) to 

provide financial assistance to community water systems for purposes of compliance with the requirements of subsections (a) and 

(b) and to community water systems for expenses and contracts designed to address basic security enhancements of critical importance and significant threats to public health and the supply of 

drinking water as determined by a vulnerability assessment conducted under subsection (a). Such basic security enhancements 

may include, but shall not be limited to the following: 


dlhill on DSK3GLQ082PROD with HEARING
63 

ø(A) the purchase and installation of equipment for detection 

of intruders; 

ø(B) the purchase and installation of fencing, gating, lighting, or security cameras; 

ø(C) the tamper-proofing of manhole covers, fire hydrants, 

and valve boxes; 

ø(D) the rekeying of doors and locks; 

ø(E) improvements to electronic, computer, or other automated systems and remote security systems; 

ø(F) participation in training programs, and the purchase of 

training manuals and guidance materials, relating to security 

against terrorist attacks; 

ø(G) improvements in the use, storage, or handling of various chemicals; and 

ø(H) security screening of employees or contractor support 

services. 

Funding under this subsection for basic security enhancements 

shall not include expenditures for personnel costs, or monitoring, 

operation, or maintenance of facilities, equipment, or systems. 

ø(3) The Administrator may use not more than $5,000,000 from 

the funds made available under paragraph (1) to make grants to 

community water systems to assist in responding to and alleviating 

any vulnerability to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the system to provide 

a safe and reliable supply of drinking water (including sources of 

water for such systems) which the Administrator determines to 

present an immediate and urgent security need. 

ø(4) The Administrator may use not more than $5,000,000 from 

the funds made available under paragraph (1) to make grants to 

community water systems serving a population of less than 3,300 

persons for activities and projects undertaken in accordance with 

the guidance provided to such systems under subsection (d).¿ 

SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE. 

(a) RISK AND RESILIENCE ASSESSMENTS.— (1) IN GENERAL.—Each community water system serving a 

population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an 

assessment— 

(A) shall include an assessment of— 

(i) the risk to the system from malevolent acts and 

natural hazards; 

(ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection 

and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) 

which are utilized by the system; 

(iii) the monitoring practices of the system; 

(iv) the financial infrastructure of the system; 

(v) the use, storage, or handling of various chemicals 

by the system; and 

(vi) the operation and maintenance of the system; 

and 

(B) may include an evaluation of capital and operational 

needs for risk and resilience management for the system. 


dlhill on DSK3GLQ082PROD with HEARING
64 

(2) BASELINE INFORMATION.—The Administrator, not later 

than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with 

State and local governments, shall provide baseline information 

on malevolent acts of relevance to community water systems, 

which shall include consideration of acts that may— 

(A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or 

(B) otherwise present significant public health or economic concerns to the community served by the system. 

(3) CERTIFICATION.— (A) CERTIFICATION.—Each community water system described in paragraph (1) shall submit to the Administrator 

a certification that the system has conducted an assessment 

complying with paragraph (1). Such certification shall be 

made prior to— 

(i) March 31, 2020, in the case of systems serving a 

population of 100,000 or more; 

(ii) December 31, 2020, in the case of systems serving 

a population of 50,000 or more but less than 100,000; 

and 

(iii) June 30, 2021, in the case of systems serving a 

population greater than 3,300 but less than 50,000. 

(B) REVIEW AND REVISION.—Each community water system described in paragraph (1) shall review the assessment 

of such system conducted under such paragraph at least 

once every 5 years after the applicable deadline for submission of its certification under subparagraph (A) to determine whether such assessment should be revised. Upon 

completion of such a review, the community water system 

shall submit to the Administrator a certification that the 

system has reviewed its assessment and, if applicable, revised such assessment. 

(4) CONTENTS OF CERTIFICATIONS.—A certification required 

under paragraph (3) shall contain only— 

(A) information that identifies the community water system submitting the certification; 

(B) the date of the certification; and 

(C) a statement that the community water system has 

conducted, reviewed, or revised the assessment, as applicable. 

(5) PROVISION TO OTHER ENTITIES.—No community water system shall be required under State or local law to provide an assessment described in this section (or revision thereof) to any 

State, regional, or local governmental entity solely by reason of 

the requirement set forth in paragraph (3) that the system submit a certification to the Administrator. 

(b) EMERGENCY RESPONSE PLAN.—Each community water system 

serving a population greater than 3,300 shall prepare or revise, 

where necessary, an emergency response plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto). Each community water system shall 

certify to the Administrator, as soon as reasonably possible after the 

date of enactment of the Drinking Water System Improvement Act 

of 2017, but not later than 6 months after completion of the assessVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
65 

ment under subsection (a), that the system has completed such plan. 

The emergency response plan shall include— 

(1) strategies and resources to improve the resilience of the 

system, including the physical security and cybersecurity of the 

system; 

(2) plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a 

malevolent act or natural hazard that threatens the ability of 

the community water system to deliver safe drinking water; 

(3) actions, procedures, and equipment which can obviate or 

significantly lessen the impact of a malevolent act or natural 

hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including 

the development of alternative source water options, relocation 

of water intakes, and construction of flood protection barriers; 

and 

(4) strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. 

(c) COORDINATION.—Community water systems shall, to the extent 

possible, coordinate with existing local emergency planning committees established pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) when preparing or revising an assessment or emergency response plan under 

this section. 

(d) RECORD MAINTENANCE.—Each community water system shall 

maintain a copy of the assessment conducted under subsection (a) 

and the emergency response plan prepared under subsection (b) (including any revised assessment or plan) for 5 years after the date 

on which a certification of such assessment or plan is submitted to 

the Administrator under this section. 

(e) GUIDANCE TO SMALL PUBLIC WATER SYSTEMS.—The Administrator shall provide guidance and technical assistance to community 

water systems serving a population of less than 3,300 persons on 

how to conduct resilience assessments, prepare emergency response 

plans, and address threats from malevolent acts and natural hazards that threaten to disrupt the provision of safe drinking water 

or significantly affect the public health or significantly affect the 

safety or supply of drinking water provided to communities and individuals. 

(f) ALTERNATIVE PREPAREDNESS AND OPERATIONAL RESILIENCE

PROGRAMS.— 

(1) SATISFACTION OF REQUIREMENT.—A community water system that is required to comply with the requirements of subsections (a) and (b) may satisfy such requirements by— 

(A) using and complying with technical standards that 

the Administrator has recognized under paragraph (2); and 

(B) submitting to the Administrator a certification that 

the community water system is complying with subparagraph (A). 

(2) AUTHORITY TO RECOGNIZE.—Consistent with section 12(d) 

of the National Technology Transfer and Advancement Act of 

1995, the Administrator shall recognize technical standards 

that are developed or adopted by third-party organizations or 

voluntary consensus standards bodies that carry out the objecVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00065 Fmt 6659 Sfmt 6603 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
66 

tives or activities required by this section as a means of satisfying the requirements under subsection (a) or (b). 

(g) TECHNICAL ASSISTANCE AND GRANTS.— (1) IN GENERAL.—The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Risk and Resilience Program, under which the Administrator may award grants in each of fiscal years 2018 

through 2022 to owners or operators of community water systems for the purpose of increasing the resilience of such community water systems. 

(2) USE OF FUNDS.—As a condition on receipt of a grant 

under this section, an owner or operator of a community water 

system shall agree to use the grant funds exclusively to assist 

in the planning, design, construction, or implementation of a 

program or project consistent with an emergency response plan 

prepared pursuant to subsection (b), which may include— 

(A) the purchase and installation of equipment for detection of drinking water contaminants or malevolent acts; 

(B) the purchase and installation of fencing, gating, 

lighting, or security cameras; 

(C) the tamper-proofing of manhole covers, fire hydrants, 

and valve boxes; 

(D) the purchase and installation of improved treatment 

technologies and equipment to improve the resilience of the 

system; 

(E) improvements to electronic, computer, financial, or 

other automated systems and remote systems; 

(F) participation in training programs, and the purchase 

of training manuals and guidance materials, relating to security and resilience; 

(G) improvements in the use, storage, or handling of 

chemicals by the community water system; 

(H) security screening of employees or contractor support 

services; 

(I) equipment necessary to support emergency power or 

water supply, including standby and mobile sources; and 

(J) the development of alternative source water options, 

relocation of water intakes, and construction of flood protection barriers. 

(3) EXCLUSIONS.—A grant under this subsection may not be 

used for personnel costs, or for monitoring, operation, or maintenance of facilities, equipment, or systems. 

(4) TECHNICAL ASSISTANCE.—For each fiscal year, the Administrator may use not more than $5,000,000 from the funds made 

available to carry out this subsection to provide technical assistance to community water systems to assist in responding to and 

alleviating a vulnerability that would substantially disrupt the 

ability of the system to provide a safe and reliable supply of 

drinking water (including sources of water for such systems) 

which the Administrator determines to present an immediate 

and urgent need. 

(5) GRANTS FOR SMALL SYSTEMS.—For each fiscal year, the Administrator may use not more than $10,000,000 from the 

funds made available to carry out this subsection to make 

grants to community water systems serving a population of less 


dlhill on DSK3GLQ082PROD with HEARING
67 

than 3,300 persons, or nonprofit organizations receiving assistance under section 1442(e), for activities and projects undertaken in accordance with the guidance provided to such systems 

under subsection (e) of this section. 

(6) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection, there are authorized to be appropriated $35,000,000 

for each of fiscal years 2018 through 2022. 

(h) DEFINITIONS.—In this section— 

(1) the term ‘‘resilience’’ means the ability of a community 

water system or an asset of a community water system to adapt 

to or withstand the effects of a malevolent act or natural hazard 

without interruption to the asset’s or system’s function, or if the 

function is interrupted, to rapidly return to a normal operating 

condition; and 

(2) the term ‘‘natural hazard’’ means a natural event that 

threatens the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes. 

* * * * * * * 

PART E—GENERAL PROVISIONS

* * * * * * * 

GRANTS FOR STATE PROGRAMS

SEC. 1443. (a)(1) From allotments made pursuant to paragraph 

(4), the Administrator may make grants to States to carry out public water system supervision programs. 

(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such 

form and manner as he may require. The Administrator may not 

approve an application of a State for its first grant under paragraph (1) unless he determines that the State— 

(A) has established or will establish within one year from the 

date of such grant a public water system supervision program, 

and 

(B) will, within that one year, assume primary enforcement 

responsibility for public water systems within the State. 

No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State’s first 

grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. 

The prohibitions contained in the preceding two sentences shall not 

apply to such grants when made to Indian Tribes. 

(3) A grant under paragraph (1) shall be made to cover not more 

than 75 per centum of the grant recipient’s costs (as determined 

under regulations of the Administrator) in carrying out, during the 

one-year period beginning on the date the grant is made, a public 

water system supervision program. 

(4) In each fiscal year the Administrator shall, in accordance 

with regulations, allot the sums appropriated for such year under 

paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant 

factors. No State shall receive less than 1 per centum of the annual 

appropriation for grants under paragraph (1): Provided, That the 


dlhill on DSK3GLQ082PROD with HEARING
68 

Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. 

(5) The prohibition contained in the last sentence of paragraph 

(2) may be waived by the Administrator with respect to a grant to 

a State through fiscal year 1979 but such prohibition may only be 

waived if, in the judgment of the Administrator— 

(A) the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State; 

(B) the State has made significant progress toward assuming 

and maintaining such primary enforcement responsibility; and 

(C) there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979. 

The amount of any grant awarded for the fiscal years 1978 and 

1979 pursuant to a waiver under this paragraph may not exceed 

75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such 

primary enforcement responsibility. The remaining 25 per centum 

of the amount allotted to such State for such fiscal year shall be 

retained by the Administrator, and the Administrator may award 

such amount to such State at such time as the State assumes such 

responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by 

the Administrator for any preceding fiscal year and not awarded by 

the beginning of fiscal year 1979 or 1980 to the States to which 

such amounts were originally allotted may be removed from the 

original allotment and reallotted for fiscal year 1979 or 1980 (as 

the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year. 

(6) The Administrator shall notify the State of the approval or 

disapproval of any application for a grant under this section— 

(A) within ninety days after receipt of such application, or 

(B) not later than the first day of the fiscal year for which 

the grant application is made, whichever is later. 

(7) AUTHORIZATION.—For the purpose of making grants 

under paragraph (1), there are authorized to be appropriated 

ø$100,000,000 for each of fiscal years 1997 through 2003¿ 

$150,000,000 for each of fiscal years 2018 through 2022. (8) RESERVATION OF FUNDS BY THE ADMINISTRATOR.—If the 

Administrator assumes the primary enforcement responsibility 

of a State public water system supervision program, the Administrator may reserve from funds made available pursuant 

to this subsection an amount equal to the amount that would 

otherwise have been provided to the State pursuant to this 

subsection. The Administrator shall use the funds reserved 

pursuant to this paragraph to ensure the full and effective administration of a public water system supervision program in 

the State. 

(9) STATE LOAN FUNDS.— (A) RESERVATION OF FUNDS.—For any fiscal year for 

which the amount made available to the Administrator by 

appropriations to carry out this subsection is less than the 

amount that the Administrator determines is necessary to 


dlhill on DSK3GLQ082PROD with HEARING
69 

supplement funds made available pursuant to paragraph 

(8) to ensure the full and effective administration of a public water system supervision program in a State, the Administrator may reserve from the funds made available to 

the State under section 1452 (relating to State loan funds) 

an amount that is equal to the amount of the shortfall. 

This paragraph shall not apply to any State not exercising 

primary enforcement responsibility for public water systems as of the date of enactment of the Safe Drinking 

Water Act Amendments of 1996. 

(B) DUTY OF ADMINISTRATOR.—If the Administrator reserves funds from the allocation of a State under subparagraph (A), the Administrator shall carry out in the State 

each of the activities that would be required of the State 

if the State had primary enforcement authority under section 1413. 

(b)(1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out underground 

water source protection programs. 

(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such 

form and manner as he may require. No grant may be made to any 

State under paragraph (1) unless the State has assumed primary 

enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under section 1421. The prohibition contained in the preceding sentence shall not apply to such grants 

when made to Indian Tribes. 

(3) A grant under paragraph (1) shall be made to cover not more 

than 75 per centum of the grant recipient’s costs (as determined 

under regulations of the Administrator) in carrying out, during the 

one-year period beginning on the date the grant is made, an underground water source protection program. 

(4) In each fiscal year the Administrator shall, in accordance 

with regulations, allot the sums appropriated for such year under 

paragraph (5) among the States on the basis of population, geographical area, and other relevant factors. 

(5) For purposes of making grants under paragraph (1) there are 

authorized to be appropriated $5,000,000 for the fiscal year ending 

June 30, 1976, $7,500,000 for the fiscal year ending June 30, 1977, 

$10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 

for the fiscal year ending September 30, 1980, $18,000,000 for the 

fiscal year ending September 30, 1981, and $21,000,000 for the fiscal year ending September 30, 1982. For the purpose of making 

grants under paragraph (1) there are authorized to be appropriated 

not more than the following amounts: 

Fiscal year: 

Amount 

1987 ................................................................................................. $19,700,000

1988 ................................................................................................. 19,700,000

1989 ................................................................................................. 20,850,000

1990 ................................................................................................. 20,850,000

1991 ................................................................................................. 20,850,000

1992–2003 ....................................................................................... 15,000,000. 

(c) For purposes of this section: 


dlhill on DSK3GLQ082PROD with HEARING
70 

(1) The term ‘‘public water system supervision program’’ 

means a program for the adoption and enforcement of drinking 

water regulations (with such variances and exemptions from 

such regulations under conditions and in a manner which is 

not less stringent than the conditions under, and the manner 

in, which variances and exemptions may be granted under sections 1415 and 1416) which are no less stringent than the national primary drinking water regulations under section 1412, 

and for keeping records and making reports required by section 

1413(a)(3). 

(2) The term ‘‘underground water source protection program’’ 

means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 1421 and for keeping records and making reports required 

by section 1422(b)(1)(A)(ii). Such term includes, where applicable, a program which meets the requirements of section 1425. 

(d) NEW YORK CITY WATERSHED PROTECTION PROGRAM.— 

(1) IN GENERAL.—The Administrator is authorized to provide 

financial assistance to the State of New York for demonstration projects implemented as part of the watershed program for 

the protection and enhancement of the quality of source waters 

of the New York City water supply system, including projects 

that demonstrate, assess, or provide for comprehensive monitoring and surveillance and projects necessary to comply with 

the criteria for avoiding filtration contained in 40 CFR 141.71. 

Demonstration projects which shall be eligible for financial assistance shall be certified to the Administrator by the State of 

New York as satisfying the purposes of this subsection. In certifying projects to the Administrator, the State of New York 

shall give priority to monitoring projects that have undergone 

peer review. 

(2) REPORT.—Not later than 5 years after the date on which 

the Administrator first provides assistance pursuant to this 

paragraph, the Governor of the State of New York shall submit 

a report to the Administrator on the results of projects assisted. 

(3) MATCHING REQUIREMENTS.—Federal assistance provided 

under this subsection shall not exceed 50 percent of the total 

cost of the protection program being carried out for any particular watershed or ground water recharge area. 

(4) AUTHORIZATION.—There are authorized to be appropriated to the Administrator to carry out this subsection for 

each of fiscal years 2003 through 2010, $15,000,000 for the 

purpose of providing assistance to the State of New York to 

carry out paragraph (1). 

* * * * * * * 

RECORDS AND INSPECTIONS

SEC. 1445. (a)(1)(A) Every person who is subject to any requirement of this title or who is a grantee, shall establish and maintain 

such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require 

by regulation to assist the Administrator in establishing regulations under this title, in determining whether such person has 


dlhill on DSK3GLQ082PROD with HEARING
71 

acted or is acting in compliance with this title, in administering 

any program of financial assistance under this title, in evaluating 

the health risks of unregulated contaminants, or in advising the 

public of such risks. In requiring a public water system to monitor 

under this subsection, the Administrator may take into consideration the system size and the contaminants likely to be found in 

the system’s drinking water. 

(B) Every person who is subject to a national primary drinking 

water regulation under section 1412 shall provide such information 

as the Administrator may reasonably require, after consultation 

with the State in which such person is located if such State has 

primary enforcement responsibility for public water systems, on a 

case-by-case basis, to determine whether such person has acted or 

is acting in compliance with this title. 

(C) Every person who is subject to a national primary drinking 

water regulation under section 1412 shall provide such information 

as the Administrator may reasonably require to assist the Administrator in establishing regulations under section 1412 of this title, 

after consultation with States and suppliers of water. The Administrator may not require under this subparagraph the installation of 

treatment equipment or process changes, the testing of treatment 

technology, or the analysis or processing of monitoring samples, except where the Administrator provides the funding for such activities. Before exercising this authority, the Administrator shall first 

seek to obtain the information by voluntary submission. 

(D) The Administrator shall not later than 2 years after the date 

of enactment of this subparagraph, after consultation with public 

health experts, representatives of the general public, and officials 

of State and local governments, review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator, and promulgate any necessary modifications. 

(2) MONITORING PROGRAM FOR UNREGULATED CONTAMINANTS.— 

(A) ESTABLISHMENT.—The Administrator shall promulgate regulations establishing the criteria for a monitoring 

program for unregulated contaminants. The regulations 

shall require monitoring of drinking water supplied by 

public water systems and shall vary the frequency and 

schedule for monitoring requirements for systems based on 

the number of persons served by the system, the source of 

supply, and the contaminants likely to be found, ensuring 

that only a representative sample of systems serving 

10,000 persons or fewer are required to monitor. 

(B) MONITORING PROGRAM FOR CERTAIN UNREGULATED

CONTAMINANTS.— 

(i) INITIAL LIST.—Not later than 3 years after the 

date of enactment of the Safe Drinking Water Act 

Amendments of 1996 and every 5 years thereafter, the 

Administrator shall issue a list pursuant to subparagraph (A) of not more than 30 unregulated contaminants to be monitored by public water systems and to 

be included in the national drinking water occurrence 

data base maintained pursuant to subsection (g). 

(ii) GOVERNORS’ PETITION.—The Administrator shall 

include among the list of contaminants for which monVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00071 Fmt 6659 Sfmt 6602 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
72 

itoring is required under this paragraph each contaminant recommended in a petition signed by the Governor of each of 7 or more States, unless the Administrator determines that the action would prevent the 

listing of other contaminants of a higher public health 

concern. 

(C) MONITORING PLAN FOR SMALL AND MEDIUM SYS- TEMS.— 

(i) IN GENERAL.—Based on the regulations promulgated by the Administrator, each State may develop a 

representative monitoring plan to assess the occurrence of unregulated contaminants in public water 

systems that serve a population of 10,000 or fewer in 

that State. The plan shall require monitoring for systems representative of different sizes, types, and geographic locations in the State. 

(ii) GRANTS FOR SMALL SYSTEM COSTS.—From funds 

reserved under section 1452(o) or appropriated under 

subparagraph (H), the Administrator shall pay the 

reasonable cost of such testing and laboratory analysis 

as are necessary to carry out monitoring under the 

plan. 

(D) MONITORING RESULTS.—Each public water system 

that conducts monitoring of unregulated contaminants 

pursuant to this paragraph shall provide the results of the 

monitoring to the primary enforcement authority for the 

system. 

(E) NOTIFICATION.—Notification of the availability of the 

results of monitoring programs required under paragraph 

(2)(A) shall be given to the persons served by the system. 

(F) WAIVER OF MONITORING REQUIREMENT.—The Administrator shall waive the requirement for monitoring for a 

contaminant under this paragraph in a State, if the State 

demonstrates that the criteria for listing the contaminant 

do not apply in that State. 

(G) ANALYTICAL METHODS.—The State may use screening methods approved by the Administrator under subsection (i) in lieu of monitoring for particular contaminants 

under this paragraph. 

(H) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this paragraph 

$10,000,000 for each of the fiscal years ø1997 through 

2003¿ 2018 through 2022. 

(b)(1) Except as provided in paragraph (2), the Administrator, or 

representatives of the Administrator duly designated by him, upon 

presenting appropriate credentials and a written notice to any supplier of water or other person subject to (A) a national primary 

drinking water regulation prescribed under section 1412, (B) an applicable underground injection control program, or (C) any requirement to monitor an unregulated contaminant pursuant to subsection (a), or person in charge of any of the property of such supplier or other person referred to in clause (A), (B), or (C), is authorized to enter any establishment, facility, or other property of such 

supplier or other person in order to determine whether such supplier or other person has acted or is acting in compliance with this 


dlhill on DSK3GLQ082PROD with HEARING
73 

title, including for this purpose, inspection, at reasonable times, of 

records, files, papers, processes, controls, and facilities, or in order 

to test any feature of a public water system, including its raw 

water source. The Administrator or the Comptroller General (or 

any representative designated by either) shall have access for the 

purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under 

subsection (a) or which are pertinent to any financial assistance 

under this title. 

(2) No entry may be made under the first sentence of paragraph 

(1) in an establishment, facility, or other property of a supplier of 

water or other person subject to a national primary drinking water 

regulation if the establishment, facility, or other property is located 

in a State which has primary enforcement responsibility for public 

water systems unless, before written notice of such entry is made, 

the Administrator (or his representative) notifies the State agency 

charged with responsibility for safe drinking water of the reasons 

for such entry. The Administrator shall, upon a showing by the 

State agency that such an entry will be detrimental to the administration of the State’s program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice 

under this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform 

the person whose property is proposed to be entered of the proposed entry; and if a State agency so uses such information, notice 

to the agency under this paragraph is not required until such time 

as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. 

(c) Whoever fails or refuses to comply with any requirement of 

subsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit 

or inspection authorized by subsection (b) shall be subject to a civil 

penalty of not to exceed $25,000. 

(d)(1) Subject to paragraph (2), upon a showing satisfactory to 

the Administrator by any person that any information required 

under this section from such person, if made public, would divulge 

trade secrets or secret processes of such person, the Administrator 

shall consider such information confidential in accordance with the 

purposes of section 1905 of title 18 of the United States Code. If 

the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days’ notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release 

of such information). 

(2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of 

the United States concerned with carrying out this title or to committees of the Congress, or when relevant in any proceeding under 

this title, and (B) shall be disclosed to the extent it deals with the 

level of contaminants in drinking water. For purposes of this subsection the term ‘‘information required under this section’’ means 

any papers, books, documents, or information, or any particular 


dlhill on DSK3GLQ082PROD with HEARING
74 

part thereof, reported to or otherwise obtained by the Administrator under this section. 

(e) For purposes of this section, (1) the term ‘‘grantee’’ means any 

person who applies for or receives financial assistance, by grant, 

contract, or loan guarantee under this title, and (2) the term ‘‘person’’ includes a Federal agency. 

(f) INFORMATION REGARDING DRINKING WATER COOLERS.—The 

Administrator may utilize the authorities of this section for purposes of part F. Any person who manufactures, imports, sells, or 

distributes drinking water coolers in interstate commerce shall be 

treated as a supplier of water for purposes of applying the provisions of this section in the case of persons subject to part F. 

(g) OCCURRENCE DATA BASE.— 

(1) IN GENERAL.—Not later than 3 years after the date of enactment of the Safe Drinking Water Act Amendments of 1996, 

the Administrator shall assemble and maintain a national 

drinking water contaminant occurrence data base, using information on the occurrence of both regulated and unregulated 

contaminants in public water systems obtained under subsection (a)(1)(A) or subsection (a)(2) and reliable information 

from other public and private sources. 

(2) PUBLIC INPUT.—In establishing the occurrence data base, 

the Administrator shall solicit recommendations from the 

Science Advisory Board, the States, and other interested parties concerning the development and maintenance of a national 

drinking water contaminant occurrence data base, including 

such issues as the structure and design of the data base, data 

input parameters and requirements, and the use and interpretation of data. 

(3) USE.—The data shall be used by the Administrator in 

making determinations under section 1412(b)(1) with respect to 

the occurrence of a contaminant in drinking water at a level 

of public health concern. 

(4) PUBLIC RECOMMENDATIONS.—The Administrator shall periodically solicit recommendations from the appropriate officials of the National Academy of Sciences and the States, and 

any person may submit recommendations to the Administrator, 

with respect to contaminants that should be included in the 

national drinking water contaminant occurrence data base, including recommendations with respect to additional unregulated contaminants that should be listed under subsection 

(a)(2). Any recommendation submitted under this clause shall 

be accompanied by reasonable documentation that— 

(A) the contaminant occurs or is likely to occur in drinking water; and 

(B) the contaminant poses a risk to public health. 

(5) PUBLIC AVAILABILITY.—The information from the data 

base shall be available to the public in readily accessible form. 

(6) REGULATED CONTAMINANTS.—With respect to each contaminant for which a national primary drinking water regulation has been established, the data base shall include information on the detection of the contaminant at a quantifiable level 

in public water systems (including detection of the contaminant at levels not constituting a violation of the maximum contaminant level for the contaminant). 


dlhill on DSK3GLQ082PROD with HEARING
75 

(7) UNREGULATED CONTAMINANTS.—With respect to contaminants for which a national primary drinking water regulation 

has not been established, the data base shall include— 

(A) monitoring information collected by public water systems that serve a population of more than 10,000, as required by the Administrator under subsection (a); 

(B) monitoring information collected from a representative sampling of public water systems that serve a population of 10,000 or fewer; øand¿ 

(C) if applicable, monitoring information collected by 

public water systems pursuant to subsection (j) that is not 

duplicative of monitoring information included in the data 

base under subparagraph (B) or (D); and 

ø(C)¿ (D) other reliable and appropriate monitoring information on the occurrence of the contaminants in public 

water systems that is available to the Administrator. 

(h) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECH- NOLOGIES.—For purposes of sections 1412(b)(4)(E) and 1415(e) (relating to small system variance program), the Administrator may 

request information on the characteristics of commercially available treatment systems and technologies, including the effectiveness and performance of the systems and technologies under various operating conditions. The Administrator may specify the form, 

content, and submission date of information to be submitted by 

manufacturers, States, and other interested persons for the purpose of considering the systems and technologies in the development of regulations or guidance under sections 1412(b)(4)(E) and 

1415(e). 

(i) SCREENING METHODS.—The Administrator shall review new 

analytical methods to screen for regulated contaminants and may 

approve such methods as are more accurate or cost-effective than 

established reference methods for use in compliance monitoring. 

(j) MONITORING BY CERTAIN SYSTEMS.— (1) IN GENERAL.—Notwithstanding subsection (a)(2)(A), the 

Administrator shall, subject to the availability of appropriations for such purpose— 

(A) require public water systems serving between 3,300 

and 10,000 persons to monitor for unregulated contaminants in accordance with this section; and 

(B) ensure that only a representative sample of public 

water systems serving less than 3,300 persons are required 

to monitor. 

(2) EFFECTIVE DATE.—Paragraph (1) shall take effect 3 years 

after the date of enactment of this subsection. 

(3) LIMITATION.—Paragraph (1) shall take effect unless the 

Administrator determines that there is not sufficient laboratory 

capacity to accommodate the analysis necessary to carry out 

monitoring required under such paragraph. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $15,000,000 in each fiscal year for 

which monitoring is required to be carried out under this subsection for the Administrator to pay the reasonable cost of such 

testing and laboratory analysis as are necessary to carry out 

monitoring required under this subsection. 

* * * * * * * 


dlhill on DSK3GLQ082PROD with HEARING
76 

STATE REVOLVING LOAN FUNDS

SEC. 1452. (a) GENERAL AUTHORITY.— 

(1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.— 

(A) IN GENERAL.—The Administrator shall offer to enter 

into agreements with eligible States to make capitalization 

grants, including letters of credit, to the States under this 

subsection to further the health protection objectives of 

this title, promote the efficient use of fund resources, and 

for other purposes as are specified in this title. 

(B) ESTABLISHMENT OF FUND.—To be eligible to receive 

a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a ‘‘State loan fund’’) and comply 

with the other requirements of this section. Each grant to 

a State under this section shall be deposited in the State 

loan fund established by the State, except as otherwise 

provided in this section and in other provisions of this 

title. No funds authorized by other provisions of this title 

to be used for other purposes specified in this title shall be 

deposited in any State loan fund. 

(C) EXTENDED PERIOD.—The grant to a State shall be 

available to the State for obligation during the fiscal year 

for which the funds are authorized and during the following fiscal year, except that grants made available from 

funds provided prior to fiscal year 1997 shall be available 

for obligation during each of the fiscal years 1997 and 

1998. 

(D) ALLOTMENT FORMULA.—Except as otherwise provided 

in this section, funds made available to carry out this section shall be allotted to States that have entered into an 

agreement pursuant to this section (other than the District 

of Columbia) in accordance with— 

(i) for each of fiscal years 1995 through 1997, a formula that is the same as the formula used to distribute public water system supervision grant funds 

under section 1443 in fiscal year 1995, except that the 

minimum proportionate share established in the formula shall be 1 percent of available funds and the formula shall be adjusted to include a minimum proportionate share for the State of Wyoming and the District of Columbia; and 

(ii) for fiscal year 1998 and each subsequent fiscal 

year, a formula that allocates to each State the proportional share of the State needs identified in the most 

recent survey conducted pursuant to subsection (h), 

except that the minimum proportionate share provided 

to each State shall be the same as the minimum proportionate share provided under clause (i). 

(E) REALLOTMENT.—The grants not obligated by the last 

day of the period for which the grants are available shall 

be reallotted according to the appropriate criteria set forth 

in subparagraph (D), except that the Administrator may 

reserve and allocate 10 percent of the remaining amount 

for financial assistance to Indian Tribes in addition to the 


dlhill on DSK3GLQ082PROD with HEARING
77 

amount allotted under subsection (i) and none of the funds 

reallotted by the Administrator shall be reallotted to any 

State that has not obligated all sums allotted to the State 

pursuant to this section during the period in which the 

sums were available for obligation. 

(F) NONPRIMACY STATES.—The State allotment for a 

State not exercising primary enforcement responsibility for 

public water systems shall not be deposited in any such 

fund but shall be allotted by the Administrator under this 

subparagraph. Pursuant to section 1443(a)(9)(A) such 

sums allotted under this subparagraph shall be reserved 

as needed by the Administrator to exercise primary enforcement responsibility under this title in such State and 

the remainder shall be reallotted to States exercising primary enforcement responsibility for public water systems 

for deposit in such funds. Whenever the Administrator 

makes a final determination pursuant to section 1413(b) 

that the requirements of section 1413(a) are no longer 

being met by a State, additional grants for such State 

under this title shall be immediately terminated by the 

Administrator. This subparagraph shall not apply to any 

State not exercising primary enforcement responsibility for 

public water systems as of the date of enactment of the 

Safe Drinking Water Act Amendments of 1996. 

(G) OTHER PROGRAMS.— (i) NEW SYSTEM CAPACITY.—Beginning in fiscal year 

1999, the Administrator shall withhold 20 percent of 

each capitalization grant made pursuant to this section to a State unless the State has met the requirements of section 1420(a) (relating to capacity development) and shall withhold 10 percent for fiscal year 

2001, 15 percent for fiscal year 2002, and 20 percent 

for fiscal year 2003 if the State has not complied with 

the provisions of section 1420(c) (relating to capacity 

development strategies). Not more than a total of 20 

percent of the capitalization grants made to a State in 

any fiscal year may be withheld under the preceding 

provisions of this clause. All funds withheld by the Administrator pursuant to this clause shall be reallotted 

by the Administrator on the basis of the same ratio as 

is applicable to funds allotted under subparagraph (D). 

None of the funds reallotted by the Administrator pursuant to this paragraph shall be allotted to a State unless the State has met the requirements of section 

1420 (relating to capacity development). 

(ii) OPERATOR CERTIFICATION.—The Administrator 

shall withhold 20 percent of each capitalization grant 

made pursuant to this section unless the State has 

met the requirements of 1419 (relating to operator certification). All funds withheld by the Administrator 

pursuant to this clause shall be reallotted by the Administrator on the basis of the same ratio as applicable to funds allotted under subparagraph (D). None of 

the funds reallotted by the Administrator pursuant to 

this paragraph shall be allotted to a State unless the 


dlhill on DSK3GLQ082PROD with HEARING
78 

State has met the requirements of section 1419 (relating to operator certification). 

(2) USE OF FUNDS.— (A) IN GENERAL.—Except as otherwise authorized by this 

title, amounts deposited in a State loan fund, including 

loan repayments and interest earned on such amounts, 

shall be used only for providing loans or loan guarantees, 

or as a source of reserve and security for leveraged loans, 

the proceeds of which are deposited in a State loan fund 

established under paragraph (1), or other financial assistance authorized under this section to community water 

systems and nonprofit noncommunity water systems, other 

than systems owned by Federal agencies. 

(B) LIMITATION.—Financial assistance under this section 

may be used by a public water system only for expenditures ø(including expenditures for planning, design, and 

associated preconstruction activities, including activities 

relating to the siting of the facility, but not¿ (including expenditures for planning, design, siting, and associated 

preconstruction activities, or for replacing or rehabilitating 

aging treatment, storage, or distribution facilities of public 

water systems, but not including monitoring, operation, 

and maintenance expenditures) of a type or category which 

the Administrator has determined, through guidance, will 

facilitate compliance with national primary drinking water 

regulations applicable to the system under section 1412 or 

otherwise significantly further the health protection objectives of this title. 

(C) SALE OF BONDS.—Funds may also be used by a public water system as a source of revenue (restricted solely 

to interest earnings of the applicable State loan fund) or 

security for payment of the principal and interest on revenue or general obligation bonds issued by the State to 

provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the State 

loan fund. 

(D) WATER TREATMENT LOANS.—The funds under this 

section may also be used to provide loans to a system referred to in section 1401(4)(B) for the purpose of providing 

the treatment described in section 1401(4)(B)(i)(III). 

(E) ACQUISITION OF REAL PROPERTY.—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. 

(F) LOAN ASSISTANCE.—Of the amount credited to any 

State loan fund established under this section in any fiscal 

year, 15 percent shall be available solely for providing loan 

assistance to public water systems which regularly serve 

fewer than 10,000 persons to the extent such funds can be 

obligated for eligible projects of public water systems. 

(3) LIMITATION.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), no assistance under this section shall be provided to 

a public water system that— 


dlhill on DSK3GLQ082PROD with HEARING
79 

(i) does not have the technical, managerial, and financial capability to ensure compliance with the requirements of this title; or 

(ii) is in significant noncompliance with any requirement of a national primary drinking water regulation 

or variance. 

(B) RESTRUCTURING.—A public water system described 

in subparagraph (A) may receive assistance under this section if— 

(i) the use of the assistance will ensure compliance; 

and 

(ii) if subparagraph (A)(i) applies to the system, the 

owner or operator of the system agrees to undertake 

feasible and appropriate changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or 

other procedures) if the State determines that the 

measures are necessary to ensure that the system has 

the technical, managerial, and financial capability to 

comply with the requirements of this title over the 

long term. 

(C) REVIEW.—Prior to providing assistance under this 

section to a public water system that is in significant noncompliance with any requirement of a national primary 

drinking water regulation or variance, the State shall conduct a review to determine whether subparagraph (A)(i) 

applies to the system. 

(4) AMERICAN IRON AND STEEL PRODUCTS.— 

(A) IN GENERAL.—During øfiscal year 2017¿ fiscal years 

2018 through 2022, funds made available from a State 

loan fund established pursuant to this section may not be 

used for a project for the construction, alteration, or repair 

of a public water system unless all of the iron and steel 

products used in the project are produced in the United 

States. 

(B) DEFINITION OF IRON AND STEEL PRODUCTS.—In this 

paragraph, the term ‘‘iron and steel products’’ means the 

following products made primarily of iron or steel: 

(i) Lined or unlined pipes and fittings. 

(ii) Manhole covers and other municipal castings. 

(iii) Hydrants. 

(iv) Tanks. 

(v) Flanges. 

(vi) Pipe clamps and restraints. 

(vii) Valves. 

(viii) Structural steel. 

(ix) Reinforced precast concrete. 

(x) Construction materials. 

(C) APPLICATION.—Subparagraph (A) shall be waived in 

any case or category of cases in which the Administrator 

finds that— 

(i) applying subparagraph (A) would be inconsistent 

with the public interest; 


dlhill on DSK3GLQ082PROD with HEARING
80 

(ii) iron and steel products are not produced in the 

United States in sufficient and reasonably available 

quantities and of a satisfactory quality; or 

(iii) inclusion of iron and steel products produced in 

the United States will increase the cost of the overall 

project by more than 25 percent. 

(D) WAIVER.—If the Administrator receives a request for 

a waiver under this paragraph, the Administrator shall 

make available to the public, on an informal basis, a copy 

of the request and information available to the Administrator concerning the request, and shall allow for informal 

public input on the request for at least 15 days prior to 

making a finding based on the request. The Administrator 

shall make the request and accompanying information 

available by electronic means, including on the official 

public Internet site of the Agency. 

(E) INTERNATIONAL AGREEMENTS.—This paragraph shall 

be applied in a manner consistent with United States obligations under international agreements. 

(F) MANAGEMENT AND OVERSIGHT.—The Administrator 

may retain up to 0.25 percent of the funds appropriated for 

this section for management and oversight of the requirements of this paragraph. 

(G) EFFECTIVE DATE.—This paragraph does not apply 

with respect to a project if a State agency approves the engineering plans and specifications for the project, in that 

agency’s capacity to approve such plans and specifications 

prior to a project requesting bids, prior to the date of enactment of this paragraph. 

(5) EVALUATION.—During fiscal years 2018 through 2022, a 

State may provide financial assistance under this section to a 

public water system serving a population of more than 10,000 

for an expenditure described in paragraph (2) only if the public 

water system— 

(A) considers the cost and effectiveness of relevant processes, materials, techniques, and technologies for carrying 

out the project or activity that is the subject of the expenditure; and 

(B) certifies to the State, in a form and manner determined by the State, that the public water system has made 

such consideration. 

(6) PREVAILING WAGES.—The requirements of section 1450(e) 

shall apply to any construction project carried out in whole or 

in part with assistance made available by a drinking water 

treatment revolving loan fund. 

(b) INTENDED USE PLANS.— 

(1) IN GENERAL.—After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan 

that identifies the intended uses of the amounts available to 

the State loan fund of the State. 

(2) CONTENTS.—An intended use plan shall include— 

(A) a list of the projects to be assisted in the first fiscal 

year that begins after the date of the plan, including a deVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00080 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
81 

scription of the project, the expected terms of financial assistance, and the size of the community served; 

(B) the criteria and methods established for the distribution of funds; and 

(C) a description of the financial status of the State loan 

fund and the short-term and long-term goals of the State 

loan fund. 

(3) USE OF FUNDS.— (A) IN GENERAL.—An intended use plan shall provide, to 

the maximum extent practicable, that priority for the use 

of funds be given to projects that— 

(i) address the most serious risk to human health; 

(ii) are necessary to ensure compliance with the requirements of this title (including requirements for filtration); and 

(iii) assist systems most in need on a per household 

basis according to State affordability criteria. 

(B) LIST OF PROJECTS.—Each State shall, after notice 

and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible 

for assistance under this section, including the priority assigned to each project and, to the extent known, the expected funding schedule for each project. 

(c) FUND MANAGEMENT.—Each State loan fund under this section 

shall be established, maintained, and credited with repayments 

and interest. The fund corpus shall be available in perpetuity for 

providing financial assistance under this section. To the extent 

amounts in the fund are not required for current obligation or expenditure, such amounts shall be invested in interest bearing obligations. 

(d) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.— (1) LOAN SUBSIDY.—Notwithstanding any other provision of 

this section, in any case in which the State makes a loan pursuant to subsection (a)(2) to a disadvantaged community or to 

a community that the State expects to become a disadvantaged 

community as the result of a proposed project, the State may 

provide additional subsidization (including forgiveness of principal). 

ø(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, the 

total amount of loan subsidies made by a State pursuant to 

paragraph (1) may not exceed 30 percent of the amount of the 

capitalization grant received by the State for the year.¿ 

(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, of the 

amount of the capitalization grant received by the State for the 

year, the total amount of loan subsidies made by a State pursuant to paragraph (1)— 

(A) may not exceed 35 percent; and 

(B) to the extent that there are sufficient applications for 

loans to communities described in paragraph (1), may not 

be less than 6 percent. 

(3) DEFINITION OF DISADVANTAGED COMMUNITY.—In this subsection, the term ‘‘disadvantaged community’’ means the service area of a public water system that meets affordability criteria established after public review and comment by the State 

in which the public water system is located. The Administrator 


dlhill on DSK3GLQ082PROD with HEARING
82 

may publish information to assist States in establishing affordability criteria. 

(e) STATE CONTRIBUTION.—Each agreement under subsection (a) 

shall require that the State deposit in the State loan fund from 

State moneys an amount equal to at least 20 percent of the total 

amount of the grant to be made to the State on or before the date 

on which the grant payment is made to the State, except that a 

State shall not be required to deposit such amount into the fund 

prior to the date on which each grant payment is made for fiscal 

years 1994, 1995, 1996, and 1997 if the State deposits the State 

contribution amount into the State loan fund prior to September 

30, 1999. 

(f) TYPES OF ASSISTANCE.—Except as otherwise limited by State 

law, the amounts deposited into a State loan fund under this section may be used only— 

(1) to make loans, on the condition that— 

(A) the interest rate for each loan is less than or equal 

to the market interest rate, including an interest free loan; 

(B) principal and interest payments on each loan will 

commence not later than ø1 year after completion of the 

project for which the loan was made, and each loan will be 

fully amortized not later than 20 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)), a State 

may provide an extended term for a loan, if the extended 

term—¿ 

ø(i) terminates not later than the date that is 30 

years after the date of project completion; and¿ 

ø(ii) does not exceed the expected design life of the 

project;¿ 18 months after completion of the project for 

which the loan was made; 

(C) each loan will be fully amortized not later than 30 

years after the completion of the project, except that in the 

case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended term for a 

loan, if the extended term— 

(i) terminates not later than the date that is 40 years 

after the date of project completion; and 

(ii) does not exceed the expected design life of the 

project; 

ø(C)¿ (D) the recipient of each loan will establish a dedicated source of revenue (or, in the case of a privately 

owned system, demonstrate that there is adequate security) for the repayment of the loan; and 

ø(D)¿ (E) the State loan fund will be credited with all 

payments of principal and interest on each loan; 

(2) to buy or refinance the debt obligation of a municipality 

or an intermunicipal or interstate agency within the State at 

an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after 

July 1, 1993; 

(3) to guarantee, or purchase insurance for, a local obligation 

(all of the proceeds of which finance a project eligible for assistance under this section) if the guarantee or purchase would imVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00082 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
83 

prove credit market access or reduce the interest rate applicable to the obligation; 

(4) as a source of revenue or security for the payment of 

principal and interest on revenue or general obligation bonds 

issued by the State if the proceeds of the sale of the bonds will 

be deposited into the State loan fund; and 

(5) to earn interest on the amounts deposited into the State 

loan fund. 

(g) ADMINISTRATION OF STATE LOAN FUNDS.— (1) COMBINED FINANCIAL ADMINISTRATION.—Notwithstanding 

subsection (c), a State may (as a convenience and to avoid unnecessary administrative costs) combine, in accordance with 

State law, the financial administration of a State loan fund established under this section with the financial administration 

of any other revolving fund established by the State if otherwise not prohibited by the law under which the State loan fund 

was established and if the Administrator determines that— 

(A) the grants under this section, together with loan repayments and interest, will be separately accounted for 

and used solely for the purposes specified in subsection (a); 

and 

(B) the authority to establish assistance priorities and 

carry out oversight and related activities (other than financial administration) with respect to assistance remains 

with the State agency having primary responsibility for 

administration of the State program under section 1413, 

after consultation with other appropriate State agencies 

(as determined by the State): Provided, That in nonprimacy States eligible to receive assistance under this section, the Governor shall determine which State agency will 

have authority to establish priorities for financial assistance from the State loan fund. 

(2) COST OF ADMINISTERING FUND.— (A) AUTHORIZATION.— 

(i) IN GENERAL.—For each fiscal year, a State may 

use the amount described in clause (ii)— 

(I) to cover the reasonable costs of administration of the programs under this section, including 

the recovery of reasonable costs expended to establish a State loan fund that are incurred after 

the date of enactment of this section; and 

(II) to provide technical assistance to public 

water systems within the State. 

(ii) DESCRIPTION OF AMOUNT.—The amount referred 

to in clause (i) is an amount equal to the sum of— 

(I) the amount of any fees collected by the State 

for use in accordance with clause (i)(I), regardless 

of the source; and 

(II) the greatest of— (aa) $400,000; 

(bb) 1⁄5 percent of the current valuation of 

the fund; and 

(cc) an amount equal to 4 percent of all 

grant awards to the fund under this section 

for the fiscal year. 


dlhill on DSK3GLQ082PROD with HEARING
84 

(B) ADDITIONAL USE OF FUNDS.—For fiscal year 1995 and 

each fiscal year thereafter, each State may use up to an 

additional 10 percent of the funds allotted to the State 

under this section— 

(i) for public water system supervision programs 

under section 1443(a); 

(ii) to administer or provide technical assistance 

through source water protection programs; 

(iii) to develop and implement a capacity development strategy under section 1420(c); and 

(iv) for an operator certification program for purposes of meeting the requirements of section 1419. 

(C) TECHNICAL ASSISTANCE.—An additional 2 percent of 

the funds annually allotted to each State under this section may be used by the State to provide technical assistance to public water systems serving 10,000 or fewer persons in the State. 

(D) ENFORCEMENT ACTIONS.—Funds used under subparagraph (B)(ii) shall not be used for enforcement actions. 

(3) GUIDANCE AND REGULATIONS.—The Administrator shall 

publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section, including— 

(A) provisions to ensure that each State commits and expends funds allotted to the State under this section as efficiently as possible in accordance with this title and applicable State laws; 

(B) guidance to prevent waste, fraud, and abuse; and 

(C) guidance to avoid the use of funds made available 

under this section to finance the expansion of any public 

water system in anticipation of future population growth. 

The guidance and regulations shall also ensure that the States, 

and public water systems receiving assistance under this section, use accounting, audit, and fiscal procedures that conform 

to generally accepted accounting standards. 

(4) STATE REPORT.—Each State administering a loan fund 

and assistance program under this subsection shall publish 

and submit to the Administrator a report every 2 years on its 

activities under this section, including the findings of the most 

recent audit of the fund and the entire State allotment. The 

Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established 

by the Comptroller General. 

(h) NEEDS SURVEY.—øThe Administrator¿ (1) The Administrator 

shall conduct an assessment of water system capital improvement 

needs of all eligible public water systems in the United States and 

submit a report to the Congress containing the results of the assessment within 180 days after the date of enactment of the Safe 

Drinking Water Act Amendments of 1996 and every 4 years thereafter. 

(2) Any assessment conducted under paragraph (1) after the date 

of enactment of the Drinking Water System Improvement Act of 

2017 shall include an assessment of costs to replace all lead service 

lines (as defined in section 1459B(a)(4)) of all eligible public water 

systems in the United States, and such assessment shall describe 


dlhill on DSK3GLQ082PROD with HEARING
85 

separately the costs associated with replacing the portions of such 

lead service lines that are owned by an eligible public water system 

and the costs associated with replacing any remaining portions of 

such lead service lines, to the extent practicable. 

(i) INDIAN TRIBES.— (1) IN GENERAL.—11⁄2 percent of the amounts appropriated 

annually to carry out this section may be used by the Administrator to make grants to Indian Tribes, Alaska Native villages, 

and, for the purpose of carrying out paragraph (5), intertribal 

consortia or tribal organizations, that have not otherwise received either grants from the Administrator under this section 

or assistance from State loan funds established under this section. Except as otherwise provided, the grants may only be 

used for expenditures by tribes and villages for public water 

system expenditures referred to in subsection (a)(2). 

(2) USE OF FUNDS.—Funds reserved pursuant to paragraph 

(1) shall be used to address the most significant threats to public health associated with public water systems that serve Indian Tribes, as determined by the Administrator in consultation with the Director of the Indian Health Service and Indian 

Tribes. 

(3) ALASKA NATIVE VILLAGES.—In the case of a grant for a 

project under this subsection in an Alaska Native village, the 

Administrator is also authorized to make grants to the State 

of Alaska for the benefit of Native villages. An amount not to 

exceed 4 percent of the grant amount may be used by the State 

of Alaska for project management. 

(4) NEEDS ASSESSMENT.—The Administrator, in consultation 

with the Director of the Indian Health Service and Indian 

Tribes, shall, in accordance with a schedule that is consistent 

with the needs surveys conducted pursuant to subsection (h), 

prepare surveys and assess the needs of drinking water treatment facilities to serve Indian Tribes, including an evaluation 

of the public water systems that pose the most significant 

threats to public health. 

(5) TRAINING AND OPERATOR CERTIFICATION.— (A) IN GENERAL.—The Administrator may use funds 

made available under this subsection and section 

1442(e)(7) to make grants to intertribal consortia or tribal 

organizations for the purpose of providing operations and 

maintenance training and operator certification services to 

Indian Tribes to enable public water systems that serve 

Indian Tribes to achieve and maintain compliance with applicable national primary drinking water regulations. 

(B) ELIGIBLE TRIBAL ORGANIZATIONS.—Intertribal consortia or tribal organizations eligible for a grant under 

subparagraph (A) are intertribal consortia or tribal organizations that— 

(i) as determined by the Administrator, are the most 

qualified and experienced to provide training and technical assistance to Indian Tribes; and 

(ii) the Indian Tribes find to be the most beneficial 

and effective. 

(j) OTHER AREAS.—Of the funds annually available under this 

section for grants to States, the Administrator shall make allotVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00085 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
86 

ments in accordance with section 1443(a)(4) for the Virgin Islands, 

the Commonwealth of the Northern Mariana Islands, American 

Samoa, and Guam. The grants allotted as provided in this subsection may be provided by the Administrator to the governments 

of such areas, to public water systems in such areas, or to both, to 

be used for the public water system expenditures referred to in 

subsection (a)(2). The grants, and grants for the District of Columbia, shall not be deposited in State loan funds. The total allotment 

of grants under this section for all areas described in this subsection in any fiscal year shall not exceed 0.33 percent of the aggregate amount made available to carry out this section in that fiscal 

year. 

(k) OTHER AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding subsection (a)(2), a State 

may take each of the following actions: 

(A) Provide assistance, only in the form of a loan, to one 

or more of the following: 

(i) Any public water system described in subsection 

(a)(2) to acquire land or a conservation easement from 

a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from 

contamination and to ensure compliance with national 

primary drinking water regulations. 

(ii) Any community water system to implement 

local, voluntary source water protection measures to 

protect source water in areas delineated pursuant to 

section 1453, in order to facilitate compliance with national primary drinking water regulations applicable 

to the system under section 1412 or otherwise significantly further the health protection objectives of this 

title. Funds authorized under this clause may be used 

to fund only voluntary, incentive-based mechanisms. 

(iii) Any community water system to provide funding in accordance with section 1454(a)(1)(B)(i). 

(B) Provide assistance, including technical and financial 

assistance, to any public water system as part of a capacity development strategy developed and implemented in 

accordance with section 1420(c). 

(C) Make expenditures from the capitalization grant of 

the State øfor fiscal years 1996 and 1997 to delineate and 

assess source water protection areas in accordance with 

section 1453¿ to delineate, assess, and update assessments 

for source water protection areas in accordance with section 

1453, except that funds set aside for such expenditure 

shall be obligated within 4 fiscal years. 

(D) Make expenditures from the fund for the establishment and implementation of wellhead protection programs 

under section 1428. 

(2) LIMITATION.—For each fiscal year, the total amount of assistance provided and expenditures made by a State under this 

subsection may not exceed 15 percent of the amount of the capitalization grant received by the State for that year and may 

not exceed 10 percent of that amount for any one of the following activities: 


dlhill on DSK3GLQ082PROD with HEARING
87 

(A) To acquire land or conservation easements pursuant 

to paragraph (1)(A)(i). 

(B) To provide funding to implement voluntary, incentive-based source water quality protection measures pursuant to clauses (ii) and (iii) of paragraph (1)(A). 

(C) To provide assistance through a capacity development strategy pursuant to paragraph (1)(B). 

(D) To make expenditures to delineate or assess source 

water protection areas pursuant to paragraph (1)(C). 

(E) To make expenditures to establish and implement 

wellhead protection programs pursuant to paragraph 

(1)(D). 

(3) STATUTORY CONSTRUCTION.—Nothing in this section creates or conveys any new authority to a State, political subdivision of a State, or community water system for any new regulatory measure, or limits any authority of a State, political subdivision of a State or community water system. 

(l) SAVINGS.—The failure or inability of any public water system 

to receive funds under this section or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements of this title. 

(m) AUTHORIZATION OF APPROPRIATIONS.—øThere are authorized 

to be appropriated to carry out the purposes of this section 

$599,000,000 for the fiscal year 1994 and $1,000,000,000 for each 

of the fiscal years 1995 through 2003.¿ 

(1) There are authorized to be appropriated to carry out the 

purposes of this section— (A) $1,200,000,000 for fiscal year 2018; 

(B) $1,400,000,000 for fiscal year 2019; 

(C) $1,600,000,000 for fiscal year 2020; 

(D) $1,800,000,000 for fiscal year 2021; and 

(E) $2,000,000,000 for fiscal year 2022. øTo the extent 

amounts authorized to be¿ 

(2) 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 ø(prior to the fiscal year 

2004)¿. Such sums shall remain available until expended. 

(n) HEALTH EFFECTS STUDIES.—From funds appropriated pursuant to this section for each fiscal year, the Administrator shall reserve $10,000,000 for health effects studies on drinking water contaminants authorized by the Safe Drinking Water Act Amendments 

of 1996. In allocating funds made available under this subsection, 

the Administrator shall give priority to studies concerning the 

health effects of cryptosporidium (as authorized by section 1458(c)), 

disinfection byproducts (as authorized by section 1458(c)), and arsenic (as authorized by section 1412(b)(12)(A)), and the implementation of a plan for studies of subpopulations at greater risk of adverse effects (as authorized by section 1458(a)). 

(o) MONITORING FOR UNREGULATED CONTAMINANTS.—From funds 

appropriated pursuant to this section for each fiscal year beginning 

with fiscal year 1998, the Administrator shall reserve $2,000,000 to 

pay the costs of monitoring for unregulated contaminants under 

section 1445(a)(2)(C). 


dlhill on DSK3GLQ082PROD with HEARING
88 

(p) DEMONSTRATION PROJECT FOR STATE OF VIRGINIA.—Notwithstanding the other provisions of this section limiting the use of 

funds deposited in a State loan fund from any State allotment, the 

State of Virginia may, as a single demonstration and with the approval of the Virginia General Assembly and the Administrator, 

conduct a program to demonstrate alternative approaches to intergovernmental coordination to assist in the financing of new drinking water facilities in the following rural communities in southwestern Virginia where none exists on the date of enactment of the 

Safe Drinking Water Act Amendments of 1996 and where such 

communities are experiencing economic hardship: Lee County, 

Wise County, Scott County, Dickenson County, Russell County, 

Buchanan County, Tazewell County, and the city of Norton, Virginia. The funds allotted to that State and deposited in the State 

loan fund may be loaned to a regional endowment fund for the purpose set forth in this subsection under a plan to be approved by the 

Administrator. The plan may include an advisory group that includes representatives of such counties. 

(q) SMALL SYSTEM TECHNICAL ASSISTANCE.—The Administrator 

may reserve up to 2 percent of the total funds made available to 

carry out this section for each of fiscal years 2016 through 2021 to 

carry out the provisions of section 1442(e) (relating to technical assistance for small systems), except that the total amount of funds 

made available for such purpose in any fiscal year through appropriations (as authorized by section 1442(e)) and reservations made 

pursuant to this subsection shall not exceed the amount authorized 

by section 1442(e). 

(r) EVALUATION.—The Administrator shall conduct an evaluation 

of the effectiveness of the State loan funds through fiscal year 

2001. The evaluation shall be submitted to the Congress at the 

same time as the President submits to the Congress, pursuant to 

section 1108 of title 31, United States Code, an appropriations request for fiscal year 2003 relating to the budget of the Environmental Protection Agency. 

(s) BEST PRACTICES FOR STATE LOAN FUND ADMINISTRATION.— 

The Administrator shall— 

(1) collect information from States on administration of State 

loan funds established pursuant to subsection (a)(1), including— 

(A) efforts to streamline the process for applying for assistance through such State loan funds; 

(B) programs in place to assist with the completion of applications for assistance through such State loan funds; 

(C) incentives provided to public water systems that partner with small public water systems to assist with the application process for assistance through such State loan 

funds; 

(D) practices to ensure that amounts in such State loan 

funds are used to provide loans, loan guarantees, or other 

authorized assistance in a timely fashion; 

(E) practices that support effective management of such 

State loan funds; 

(F) practices and tools to enhance financial management 

of such State loan funds; and 


dlhill on DSK3GLQ082PROD with HEARING
89 

(G) key financial measures for use in evaluating State 

loan fund operations, including— 

(i) measures of lending capacity, such as current assets and current liabilities or undisbursed loan assistance liability; and 

(ii) measures of growth or sustainability, such as return on net interest; 

(2) not later than 3 years after the date of enactment of the 

Drinking Water System Improvement Act of 2017, disseminate 

to the States best practices for administration of such State 

loan funds, based on the information collected pursuant to this 

subsection; and 

(3) periodically update such best practices, as appropriate. 

* * * * * * * 

SOURCE WATER PETITION PROGRAM

SEC. 1454. (a) PETITION PROGRAM.— (1) IN GENERAL.— 

(A) ESTABLISHMENT.—A State may establish a program 

under which an owner or operator of a community water 

system in the State, or a municipal or local government or 

political subdivision of a State, may submit a source water 

quality protection partnership petition to the State requesting that the State assist in the local development of 

a voluntary, incentive-based partnership, among the 

owner, operator, or government and other persons likely to 

be affected by the recommendations of the partnership, 

to— 

(i) reduce the presence in drinking water of contaminants that may be addressed by a petition by considering the origins of the contaminants, including to the 

maximum extent practicable the specific activities that 

affect the drinking water supply of a community; 

(ii) obtain financial or technical assistance necessary 

to facilitate establishment of a partnership, or to develop and implement recommendations of a partnership for the protection of source water to assist in the 

provision of drinking water that complies with national primary drinking water regulations with respect 

to contaminants addressed by a petition; and 

(iii) develop recommendations regarding voluntary 

and incentive-based strategies for the long-term protection of the source water of community water systems. 

(B) FUNDING.—Each State may— 

(i) use funds set aside pursuant to section 

1452(k)(1)(A)(iii) by the State to carry out a program 

described in subparagraph (A), including assistance to 

voluntary local partnerships for the development and 

implementation of partnership recommendations for 

the protection of source water such as source water 

quality assessment, contingency plans, and demonstration projects for partners within a source water area 

delineated under section 1453(a); and 


dlhill on DSK3GLQ082PROD with HEARING
90 

(ii) provide assistance in response to a petition submitted under this subsection using funds referred to in 

subsection (b)(2)(B). 

(2) OBJECTIVES.—The objectives of a petition submitted 

under this subsection shall be to— 

(A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of 

community water systems, governments, and other persons in source water areas; and 

(B) obtain assistance from the State in identifying resources which are available to implement the recommendations of the partnerships to address the origins of 

drinking water contaminants that may be addressed by a 

petition (including to the maximum extent practicable the 

specific activities contributing to the presence of the contaminants) that affect the drinking water supply of a community. 

(3) CONTAMINANTS ADDRESSED BY A PETITION.—A petition 

submitted to a State under this subsection may address only 

those contaminants— 

(A) that are pathogenic organisms for which a national 

primary drinking water regulation has been established or 

is required under section 1412; or 

(B) for which a national primary drinking water regulation has been promulgated or proposed and that are detected by adequate monitoring methods in the source 

water at the intake structure or in any collection, treatment, storage, or distribution facilities by the community 

water systems at levels— 

(i) above the maximum contaminant level; or 

(ii) that are not reliably and consistently below the 

maximum contaminant level. 

(4) CONTENTS.—A petition submitted under this subsection 

shall, at a minimum— 

(A) include a delineation of the source water area in the 

State that is the subject of the petition; 

(B) identify, to the maximum extent practicable, the origins of the drinking water contaminants that may be addressed by a petition (including to the maximum extent 

practicable the specific activities contributing to the presence of the contaminants) in the source water area delineated under section 1453; 

(C) identify any deficiencies in information that will impair the development of recommendations by the voluntary 

local partnership to address drinking water contaminants 

that may be addressed by a petition; 

(D) specify the efforts made to establish the voluntary 

local partnership and obtain the participation of— 

(i) the municipal or local government or other political subdivision of the State with jurisdiction over the 

source water area delineated under section 1453; and 

(ii) each person in the source water area delineated 

under section 1453— 

(I) who is likely to be affected by recommendations of the voluntary local partnership; and 


dlhill on DSK3GLQ082PROD with HEARING
91 

(II) whose participation is essential to the success of the partnership; 

(E) outline how the voluntary local partnership has or 

will, during development and implementation of recommendations of the voluntary local partnership, identify, 

recognize and take into account any voluntary or other activities already being undertaken by persons in the source 

water area delineated under section 1453 under Federal or 

State law to reduce the likelihood that contaminants will 

occur in drinking water at levels of public health concern; 

and 

(F) specify the technical, financial, or other assistance 

that the voluntary local partnership requests of the State 

to develop the partnership or to implement recommendations of the partnership. 

(b) APPROVAL OR DISAPPROVAL OF PETITIONS.— 

(1) IN GENERAL.—After providing notice and an opportunity 

for public comment on a petition submitted under subsection 

(a), the State shall approve or disapprove the petition, in whole 

or in part, not later than 120 days after the date of submission 

of the petition. 

(2) APPROVAL.—The State may approve a petition if the petition meets the requirements established under subsection (a). 

The notice of approval shall, at a minimum, include for informational purposes— 

(A) an identification of technical, financial, or other assistance that the State will provide to assist in addressing 

the drinking water contaminants that may be addressed 

by a petition based on— 

(i) the relative priority of the public health concern 

identified in the petition with respect to the other 

water quality needs identified by the State; 

(ii) any necessary coordination that the State will 

perform of the program established under this section 

with programs implemented or planned by other 

States under this section; and 

(iii) funds available (including funds available from 

a State revolving loan fund established under title VI 

of the Federal Water Pollution Control Act (33 U.S.C. 

1381 et seq.)) or section 1452; 

(B) a description of technical or financial assistance pursuant to Federal and State programs that is available to 

assist in implementing recommendations of the partnership in the petition, including— 

(i) any program established under the Federal 

Water Pollution Control Act (33 U.S.C. 1251 et seq.); 

(ii) the program established under section 6217 of 

the Coastal Zone Act Reauthorization Amendments of 

1990 (16 U.S.C. 1455b); 

(iii) the agricultural water quality protection program established under chapter 2 of subtitle D of title 

XII of the Food Security Act of 1985 (16 U.S.C. 3838 

et seq.); 

(iv) the sole source aquifer protection program established under section 1427; 


dlhill on DSK3GLQ082PROD with HEARING
92 

(v) the community wellhead protection program established under section 1428; 

(vi) any pesticide or ground water management 

plan; 

(vii) any voluntary agricultural resource management plan or voluntary whole farm or whole ranch 

management plan developed and implemented under a 

process established by the Secretary of Agriculture; 

and 

(viii) any abandoned well closure program; and 

(C) a description of activities that will be undertaken to 

coordinate Federal and State programs to respond to the 

petition. 

(3) DISAPPROVAL.—If the State disapproves a petition submitted under subsection (a), the State shall notify the entity 

submitting the petition in writing of the reasons for disapproval. A petition may be resubmitted at any time if— 

(A) new information becomes available; 

(B) conditions affecting the source water that is the subject of the petition change; or 

(C) modifications are made in the type of assistance 

being requested. 

(c) GRANTS TO SUPPORT STATE PROGRAMS.— 

(1) IN GENERAL.—The Administrator may make a grant to 

each State that establishes a program under this section that 

is approved under paragraph (2). The amount of each grant 

shall not exceed 50 percent of the cost of administering the 

program for the year in which the grant is available. 

(2) APPROVAL.—In order to receive grant assistance under 

this subsection, a State shall submit to the Administrator for 

approval a plan for a source water quality protection partnership program that is consistent with the guidance published 

under subsection (d). The Administrator shall approve the plan 

if the plan is consistent with the guidance published under 

subsection (d). 

(d) GUIDANCE.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with 

the States, shall publish guidance to assist— 

(A) States in the development of a source water quality 

protection partnership program; and 

(B) municipal or local governments or political subdivisions of a State and community water systems in the development of source water quality protection partnerships 

and in the assessment of source water quality. 

(2) CONTENTS OF THE GUIDANCE.—The guidance shall, at a 

minimum— 

(A) recommend procedures for the approval or disapproval by a State of a petition submitted under subsection (a); 

(B) recommend procedures for the submission of petitions developed under subsection (a); 

(C) recommend criteria for the assessment of source 

water areas within a State; and 


dlhill on DSK3GLQ082PROD with HEARING
93 

(D) describe technical or financial assistance pursuant to 

Federal and State programs that is available to address 

the contamination of sources of drinking water and to develop and respond to petitions submitted under subsection 

(a). 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $5,000,000 for each of the 

fiscal years ø1997 through 2003¿ 2018 through 2022. Each State 

with a plan for a program approved under subsection (b) shall receive an equitable portion of the funds available for any fiscal year. 

(f) STATUTORY CONSTRUCTION.—Nothing in this section— 

(1)(A) creates or conveys new authority to a State, political 

subdivision of a State, or community water system for any new 

regulatory measure; or 

(B) limits any authority of a State, political subdivision, or 

community water system; or 

(2) precludes a community water system, municipal or local 

government, or political subdivision of a government from locally developing and carrying out a voluntary, incentive-based, 

source water quality protection partnership to address the origins of drinking water contaminants of public health concern. 

* * * * * * * 

SEC. 1459C. REVIEW OF TECHNOLOGIES. 

(a) REVIEW.—The Administrator, after consultation with appropriate departments and agencies of the Federal Government and 

with State and local governments, shall review (or enter into contracts or cooperative agreements to provide for a review of) existing 

and potential methods, means, equipment, and technologies (including review of cost, availability, and efficacy of such methods, means, 

equipment, and technologies) that— 

(1) ensure the physical integrity of community water systems; 

(2) prevent, detect, and respond to any contaminant for which 

a national primary drinking water regulation has been promulgated in community water systems and source water for community water systems; 

(3) allow for use of alternate drinking water supplies from 

nontraditional sources; and 

(4) facilitate source water assessment and protection. 

(b) INCLUSIONS.—The review under subsection (a) shall include 

review of methods, means, equipment, and technologies— 

(1) that are used for corrosion protection, metering, leak detection, or protection against water loss; 

(2) that are intelligent systems, including hardware, software, 

or other technology, used to assist in protection and detection 

described in paragraph (1); 

(3) that are point-of-use devices or point-of-entry devices; 

(4) that are physical or electronic systems that monitor, or assist in monitoring, contaminants in drinking water in real-time; 

and 

(5) that allow for the use of nontraditional sources for drinking water, including physical separation and chemical and biological transformation technologies. 

(c) AVAILABILITY.—The Administrator shall make the results of 

the review under subsection (a) available to the public. 


dlhill on DSK3GLQ082PROD with HEARING
94 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Administrator to carry out this section 

$10,000,000 for fiscal year 2018, which shall remain available until 

expended. 

PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF

DRINKING WATER

DEFINITIONS

SEC. 1461. As used in this part— 

(1) DRINKING WATER COOLER.—The term ‘‘drinking water 

cooler’’ means any mechanical device affixed to drinking water 

supply plumbing which actively cools water for human consumption. 

(2) LEAD FREE.—The term ‘‘lead free’’ means, with respect to 

a drinking water cooler, that each part or component of the 

cooler which may come in contact with drinking water contains 

not more than 8 percent lead, except that no drinking water 

cooler which contains any solder, flux, or storage tank interior 

surface which may come in contact with drinking water shall 

be considered lead free if the solder, flux, or storage tank interior surface contains more than 0.2 percent lead. The Administrator may establish more stringent requirements for treating 

any part or component of a drinking water cooler as lead free 

for purposes of this part whenever he determines that any 

such part may constitute an important source of lead in drinking water. 

(3) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ means— 

(A) any local educational agency as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965, 

(B) the owner of any private, nonprofit elementary or 

secondary school building, and 

(C) the governing authority of any school operating 

under the defense dependent’s education system provided 

for under the Defense Dependent’s Education Act of 1978 

(20 U.S.C. 921 and following). 

(4) REPAIR.—The term ‘‘repair’’ means, with respect to a 

drinking water cooler, to take such corrective action as is necessary to ensure that water cooler is lead free. 

(5) REPLACEMENT.—The term ‘‘replacement’’, when used with 

respect to a drinking water cooler or drinking water fountain, 

means the permanent removal of the water cooler or drinking 

water fountain and the installation of a lead free water cooler 

or drinking water fountain. 

(6) SCHOOL.—The term ‘‘school’’ means any elementary 

school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 and any kindergarten or day care facility. 

(7) LEAD-LINED TANK.—The term ‘‘lead-lined tank’’ means a 

water reservoir container in a drinking water cooler which conVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00094 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
95 

tainer is constructed of lead or which has an interior surface 

which is not leadfree. 

* * * * * * * 

SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, the Administrator shall establish a grant 

program to provide assistance to local educational agencies for the 

replacement of drinking water fountains manufactured prior to 

1988. 

(b) USE OF FUNDS.—Funds awarded under the grant program— 

(1) shall be used to pay the costs of replacement of drinking 

water fountains in schools; and 

(2) may be used to pay the costs of monitoring and reporting 

of lead levels in the drinking water of schools of a local educational agency receiving such funds, as determined appropriate by the Administrator. 

(c) PRIORITY.—In awarding funds under the grant program, the 

Administrator shall give priority to local educational agencies based 

on economic need. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section not more than $5,000,000 

for each of fiscal years 2018 through 2022. 

EMERGENCY PLANNING AND COMMUNITY RIGHT-TOKNOW ACT OF 1986 

TITLE III—EMERGENCY PLANNING AND COMMUNITY 

RIGHT-TO-KNOW 

* * * * * * * 

Subtitle A—Emergency Planning and Notification 

SEC. 304. EMERGENCY NOTIFICATION. 

(a) TYPES OF RELEASES.— 

(1) 302 302(A) substance which requires cercla notice.—If a 

release of an extremely hazardous substance referred to in section 302(a) occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release requires a 

notification under section 103(a) of the Comprehensive Environmental Response, compensation, and Liability Act of 1980 

(hereafter in this section referred to as ‘‘CERCLA’’) (42 U.S.C. 

9601 et seq.), the owner or operator of the facility shall immediately provide notice as described in subsection (b). 

(2) OTHER 302(A) substance.—If a release of an extremely 

hazardous substance referred to in section 302(a) occurs from 

a facility at which a hazardous chemical is produced, used, or 

stored, and such release is not subject to the notification requirements under section 103(a) of CERCLA, the owner or operator of the facility shall immediately provide notice as described in subsection (b), but only if the release— 

(A) is not a federally permitted release as defined in section 101(10) of CERCLA, 


dlhill on DSK3GLQ082PROD with HEARING
96 

(B) is in an amount in excess of a quantity which the 

Administrator has determined (by regulation) requires notice, and (C) occurs in a manner which would require notification under section 103(a) of CERCLA. 

Unless and until superseded by regulations establishing a 

quantity for an extremely hazardous substance described in 

this paragraph, a quantity of 1 pound shall be deemed that 

quantity the release of which requires notice as described in 

subsection (b). 

(3) NON-302 NON-302(A) substance which requires cercla notice.—If a release of a substance which is not on the list referred to in section 302(a) occurs at a facility at which a hazardous chemical is produced, used, or stored, and such release 

requires notification under section 103(a) of CERCLA, the 

owner or operator shall provide notice as follows: 

(A) If the substance is one for which a reportable quantity has been established under section 102(a) of CERCLA, 

the owner or operator shall provide notice as described in 

subsection (b). 

(B) If the substance is one for which a reportable quantity has not been established under section 102(a) of 

CERCLA— 

(i) Until April 30, 1988, the owner or operator shall 

provide, for releases of one pound or more of the substance, the same notice to the community emergency 

coordinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the National Response Center under 

section 103(a) of CERCLA. 

(ii) On and after April 30,1988, the owner or operator shall provide, for releases of one pound or more 

of the substance, the notice as described in subsection 

(b). 

(4) EXEMPTED LEASES.—This section does not apply to any 

release which results in exposure to persons solely within the 

site or sites on which a facility is located. 

(b) NOTIFICATION.— (1) RECIPIENT OF NOTICE.—Notice required under subsection 

(a) shall be given immediately after the release by the owner 

or operator of a facility (by such means as telephone, radio, or 

in person) to the community emergency coordinator for the 

local emergency planning committees, if established pursuant 

to section 301(c), for any area likely to be affected by the release and to the øState emergency planning commission¿ State 

emergency response commission of any State likely to be affected by the release. With respect to transportation of a substance subject to the requirements of this section, or storage 

incident to such transportation, the notice requirements of this 

section with respect to a release shall be satisfied by dialing 

911 or, in the absence of a 911 emergency telephone number, 

calling the operator. 

(2) CONTENTS.—Notice required under subsection (a) shall 

include each of the following (to the extent known at the time 

of the notice and so long as no delay in responding to the emergency results): 


dlhill on DSK3GLQ082PROD with HEARING
97 

(A) The chemical name or identity of any substance involved in the release. 

(B) An indication of whether the substance is on the list 

referred to in section 302(a). 

(C) An estimate of the quantity of any such substance 

that was released into the environment. 

(D) The time and duration of the release. 

(E) The medium or media into which the release occurred. 

(F) Any known or anticipated acute or chronic health 

risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for 

exposed individuals. 

(G) Proper precautions to take as a result of the release, 

including evacuation (unless such information is readily 

available to the community emergency coordinator pursuant to the emergency plan). 

(H) The name and telephone number of the person or 

persons to be contacted for further information. 

(c) FOLLOWUP EMERGENCY NOTICE.—AS soon as practicable after 

a release which requires notice under subsection (a), such owner or 

operator shall provide a written followup emergency notice (or notices, as more information becomes available) setting forth and updating the information required under subsection (b), and including 

additional information with respect to— 

(1) actions taken to respond to and contain the release, 

(2) any known or anticipated acute or chronic health risks 

associated with the release, and 

(3) where appropriate, advice regarding medical attention 

necessary for exposed individuals. 

(d) TRANSPORTATION EXEMPTION NOT APPLICABLE.—The exemption provided in section 327 (relating to transportation) does not 

apply to this section. 

(e) ADDRESSING SOURCE WATER USED FOR DRINKING WATER.— 

(1) APPLICABLE STATE AGENCY NOTIFICATION.—A State emergency response commission shall— 

(A) promptly notify the applicable State agency of any release that requires notice under subsection (a); 

(B) provide to the applicable State agency the information identified in subsection (b)(2); and 

(C) provide to the applicable State agency a written followup emergency notice in accordance with subsection (c). 

(2) COMMUNITY WATER SYSTEM NOTIFICATION.— 

(A) IN GENERAL.—An applicable State agency receiving 

notice of a release under paragraph (1) shall— 

(i) promptly forward such notice to any community 

water system the source waters of which are affected by 

the release; 

(ii) forward to the community water system the information provided under paragraph (1)(B); and 

(iii) forward to the community water system the written followup emergency notice provided under paragraph (1)(C). 

(B) DIRECT NOTIFICATION.—In the case of a State that 

does not have an applicable State agency, the State emerVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00097 Fmt 6659 Sfmt 6603 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
98 

gency response commission shall provide the notices and information described in paragraph (1) directly to any community water system the source waters of which are affected by a release that requires notice under subsection (a). 

(3) DEFINITIONS.—In this subsection: 

(A) COMMUNITY WATER SYSTEM.—The term ‘‘community 

water system’’ has the meaning given such term in section 

1401(15) of the Safe Drinking Water Act. 

(B) APPLICABLE STATE AGENCY.—The term ‘‘applicable 

State agency’’ means the State agency that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the State. 

* * * * * * * 

Subtitle B—Reporting Requirements 

* * * * * * * 

SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY 

FORMS. 

(a) BASIC REQUIREMENT.—(1) The owner or operator of any facility which is required to prepare or have available a material safety 

data sheet for a hazardous chemical under the Occupational Safety 

and Health Act of 1970 and regulations promulgated under that 

Act shall prepare and submit an emergency and hazardous chemical inventory form (hereafter in this title referred to as an ‘‘inventory form’’) to each of the following: 

(A) The appropriate local emergency planning committee. 

(B) The State emergency response commission. 

(C) The fire department with jurisdiction over the facility. 

(2) The inventory form containing tier I information (as described 

in subsection (d)(l)) shall be submitted on or before March 1, 1988, 

and annually thereafter on March 1, and shall contain data with 

respect to the preceding calendar year. The preceding sentence 

does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier 11 information (as described in subsection (d)(2)) to the recipients described 

in paragraph (1). 

(3) An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by 

doing one of the following: 

(A) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element 

or compound at the facility is necessary. 

(B) Providing information on the inventory form on the mixture itself. 

(b) THRESHOLDS.—The Administrator may establish threshold 

quantities for hazardous chemicals covered by this section below 

which no facility shall be subject to the provisions of this section. 

The threshold quantities may, in the Administrator’s discretion, be 

based on classes of chemicals or categories of facilities. 

(c) HAZARDOUS CHEMICALS COVERED.—A hazardous chemical 

subject to the requirements of this section is any hazardous chemVerDate Sep 11 2014 06:26 Nov 03, 2017 Jkt 079006 PO 00000 Frm 00098 Fmt 6659 Sfmt 6601 E:\HR\OC\HR380.XXX HR380

dlhill on DSK3GLQ082PROD with HEARING
99 

ical for which a material safety data sheet or a listing is required 

under section 311. 

(d) CONTENTS OF FORM.— (1) TIER I INFORMATION.— (A) AGGREGATE INFORMATION BY CATEGORY.—An inventory form shall provide the information described in subparagraph (B) in aggregate terms for hazardous chemicals 

in categories of health and physical hazards as set forth 

under the Occupational Safety and Health Act of 1970 and 

regulations promulgated under that Act. 

(B) REQUIRED INFORMATION.—The information referred 

to in subparagraph (A) is the following: 

(i) An estimate (in ranges) of the maximum amount 

of hazardous chemicals in each category present at the 

facility at any time during the preceding calendar 

year. 

(ii) An estimate (in ranges) of the average daily 

amount of hazardous chemicals in each category 

present at the facility during the preceding calendar 

year. 

(iii) The general location of hazardous chemicals in 

each category. 

(C) MODIFICATIONS.—For purposes of reporting information under this paragraph, the Administrator may— 

(i) modify the categories of health and physical hazards as set forth under the Occupational Safety and 

Health Act of 1970 and regulations promulgated under 

that Act by requiring information to be reported in 

terms of groups of hazardous chemicals which present 

similar hazards in an emergency, or 

(ii) require reporting on individual hazardous chemicals of special concern to emergency response personnel. 

(2) TIER II INFORMATION.—An inventory form shall provide 

the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (e): 

(A) The chemical name or the common name of the 

chemical as provided on the material safety data sheet. 

(B) An estimate (in ranges) of the maximum amount of 

the hazardous chemical present at the facility at any time 

during the preceding calendar year. 

(C) An estimate (in ranges) of the average daily amount 

of the hazardous chemical present at the facility during 

the preceding calendar year. 

(D) A brief description of the manner of storage of the 

hazardous chemical. 

(E) The location at the facility of the hazardous chemical. 

(F) An indication of whether the owner elects to withhold location information of a specific hazardous chemical 

from disclosure to the public under section 324. 

(e) AVAILABILITY OF TIER II INFORMATION.— 

(1) AVAILABILITY TO STATE COMMISSIONS, LOCAL COMMITTEES, 

AND FIRE DEPARTMENTS.—Upon request by a øState emergency 


dlhill on DSK3GLQ082PROD with HEARING
100 

planning commission¿ State emergency response commission, a 

local emergency planning committee, or a fire department with 

jurisdiction over the facility, the owner or operator of a facility 

shall provide tier II information, as described in subsection (d), 

to the person making the request. Any such request shall be 

with respect to a specific facility. 

(2) AVAILABILITY TO OTHER STATE AND LOCAL OFFICIALS.—A 

State or local official acting in his or her official capacity may 

have access to tier II information by submitting a request to 

the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II 

information, the State commission or local committee shall, 

pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the official. 

(3) AVAILABILITY TO PUBLIC.— 

(A) IN GENERAL.—Any person may request a State emergency response commission or local emergency planning 

committee for tier II information relating to the preceding 

calendar year with respect to a facility. Any such request 

shall be in writing and shall be with respect to a specific 

facility. 

(B) AUTOMATIC PROVISION OF INFORMATION TO PUBLIC.— 

Any tier II information which a State emergency response 

commission or local emergency planning committee has in 

its possession shall be made available to a person making 

a request under this paragraph in accordance with section 

324. If the State emergency response commission or local 

emergency planning committee does not have the tier II 

information in its possession, upon a request for tier II information the State emergency response commission or 

local emergency planning committee shall, pursuant to 

paragraph (1), request the facility owner or operator for 

tier II information with respect to a hazardous chemical 

which a facility has stored in an amount in excess of 

10,000 pounds present at the facility at any time during 

the preceding calendar year and make such information 

available in accordance with section 324 to the person 

making the request. 

(C) DISCRETIONARY PROVISION OF INFORMATION TO PUBLIC.—-In the case of tier II information which is not in the 

possession of a State emergency response commission or 

local emergency planning committee and which is with respect to a hazardous chemical which a facility has stored 

in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a request from a person must include the general need for the 

information. The State emergency response commission or 

local emergency planning committee may, pursuant to 

paragraph (1), request the facility owner or operator for 

the tier II information on behalf of the person making the 

request. Upon receipt of any information requested on behalf of such person, the State emergency response commission or local emergency planning committee shall make 


dlhill on DSK3GLQ082PROD with HEARING
101 

the information available in accordance with section 324 to 

the person. 

(D) RESPONSE IN 45 DAYS.—A State emergency response 

commission or local emergency planning committee shall 

respond to a request for tier II information under this 

paragraph no later than 45 days after the date of receipt 

of the request. 

(4) AVAILABILITY TO COMMUNITY WATER SYSTEMS.— (A) IN GENERAL.—An affected community water system 

may have access to tier II information by submitting a request to the State emergency response commission or the 

local emergency planning committee. Upon receipt of a request for tier II information, the State commission or local 

committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier II information and 

make available such information to the affected community 

water system. 

(B) DEFINITION.—In this paragraph, the term ‘‘affected 

community water system’’ means a community water system (as defined in section 1401(15) of the Safe Drinking 

Water Act) that receives supplies of drinking water from a 

source water area, delineated under section 1453 of the 

Safe Drinking Water Act, in which a facility that is required to prepare and submit an inventory form under subsection (a)(1) is located. 

(f) FIRE DEPARTMENT ACCESS.—Upon request to an owner or operator of a facility which files an inventory form under this section 

by the fire department with jurisdiction over the facility, the owner 

or operator of the facility shall allow the fire department to conduct 

an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at 

the facility. 

(g) FORMAT OF FORMS.—The Administrator shall publish a uniform format for inventory forms within three months after the date 

of the enactment of this title. If the Administrator does not publish 

such forms, owners and operators of facilities subject to the requirements of this section shall provide the information required 

under this section by letter. 

* * * * * * * 


dlhill on DSK3GLQ082PROD with HEARING
(102) 

1 American Society of Civil Engineers, 2017 Report Card for America’s Infrastructure, (online 

at www.infrastructurereportcard.org). 2 Id. 

3 U.S. Environmental Protection Agency, Drinking Water Infrastructure Needs Survey and Assessment, Fifth Report to Congress (April 2013) (EPA–816–R–13–006) (online at water.epa.gov/ 

grants_funding/dwsrf/index.cfm). 4 Id. 

5 Id. 

ADDITIONAL VIEWS 

Our nation’s public drinking water systems serve over 300 million people, but aging and failing infrastructure threatens reliable 

access to safe drinking water. Earlier this year, the American Society of Civil Engineers published its periodic infrastructure report 

card, and rated our drinking water infrastructure a ‘‘D’’ grade.1

Most of the pipes in this country are between 75 and 110 years 

old—at or beyond the expected limits of their useful life. Because 

of this, an estimated 240,000 water main breaks occur every year, 

wasting money, disrupting service, and compromising water quality.2

Lead is also a significant and growing threat from our aging infrastructure. Lead is present in our drinking water distribution 

systems in service lines, solder, and fixtures. As that infrastructure 

ages and corrodes, more lead can leach into drinking water. 

To maintain safe drinking water delivery, public water systems 

will need to make significant investments to repair or replace infrastructure and equipment. EPA’s most recent needs assessment for 

drinking water infrastructure estimated that $384 billion will be 

necessary for infrastructure repairs by 2030.3 This amount grew 

significantly since the agency’s last assessment, demonstrating that 

investment has not kept pace with need.4

Delaying these investments will increase costs because repairing 

damaged pipes is more expensive than replacing them before 

breakage.5 Old pipes will continue to break resulting in massive 

quantities of lost treated water, and prompting inefficient emergency repair expenditures. These costs are then passed onto the 

consumer in higher utility bills and increased service disruptions. 

We support the Drinking Water System Improvement Act, but believe that higher funding levels will ultimately be needed to address our drinking water infrastructure needs. 

Over the course of the Committee’s consideration of this bill, provisions were added to address several serious drinking water challenges, including resiliency to extreme weather and intentional attacks, improved consumer notification requirements, and improved 

monitoring. We strongly support these provisions, but note that 

some serious drinking water challenges are still not addressed by 

the bill. In particular, the onerous and unworkable standard setting process in place since the 1996 Safe Drinking Water Act 

Amendments is not changed by this bill. That ineffectual process 


dlhill on DSK3GLQ082PROD with HEARING
103 

has prevented EPA from revising and setting needed drinking 

water standards, including standards for lead, perchlorate, 

perfluorinated chemicals, and algal toxins. 

Additionally, the impacts of Hurricanes Irma and Maria in Puerto Rico and the U.S. Virgin Islands show that the federal government must take a more active role in addressing drinking water 

needs throughout all of our nation. As we write, more than one 

month after Hurricane Maria hit Puerto Rico, roughly a quarter of 

the residents of Puerto Rico have no access to drinking water. Providing access to safe drinking water is a fundamental function of 

our government, and we must do more to meet our responsibility 

in U.S. territories. 

We hope to build on the Drinking Water System Improvement 

Act in the coming months and years to address these remaining 

challenges and remaining funding needs. 

FRANK PALLONE, Jr., 

Ranking Member, Committee 

on Energy and Commerce. 

PAUL D. TONKO, 

Ranking Member, Subcommittee on Environment. 

Æ 


dlhill on DSK3GLQ082PROD with HEARING