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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 611 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 611

To provide adequate funding for water and sewer infrastructure, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2019

  Mr. Sanders (for himself and Mr. Merkley) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
To provide adequate funding for water and sewer infrastructure, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water 
Affordability, Transparency, Equity, and Reliability Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Water affordability, transparency, equity, and reliability.
Sec. 3. Report on affordability, discrimination and civil rights 
                            violations, public participation in 
                            regionalization, and data collection.
Sec. 4. Technical assistance to rural and small municipalities and 
                            Tribal governments.
Sec. 5. Residential onsite sewage disposal system improvement.
Sec. 6. Household water well systems.
Sec. 7. State water pollution control revolving funds.
Sec. 8. Use of State revolving loan funds under the Safe Drinking Water 
                            Act.
Sec. 9. Drinking water grant programs.
Sec. 10. Requirement for the use of American materials in drinking 
                            water infrastructure.
Sec. 11. Labor provisions.

SEC. 2. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY.

    (a) Clean Water Programs.--
            (1) In general.--At the beginning of each fiscal year, the 
        Administrator of the Environmental Protection Agency (referred 
        to in this section as the ``Administrator'') shall obligate, 
        for the fiscal year--
                    (A) not more than $174,250,000 for making grants 
                under section 104(b)(8) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1254(b)(8));
                    (B) not more than $522,750,000 for making grants 
                under section 106 of that Act (33 U.S.C. 1256);
                    (C) not more than $871,250,000 for making grants 
                under section 222 of that Act (as added by section 5);
                    (D) not more than $871,250,000 for making grants 
                under section 319 of that Act (33 U.S.C. 1329); and
                    (E) not more than $15,682,500,000 for making 
                capitalization grants under section 601 of that Act (33 
                U.S.C. 1381).
            (2) Funding.--On October 1 of each fiscal year, out of any 
        funds in the Treasury not otherwise appropriated, the Secretary 
        of the Treasury shall transfer to the Administrator to carry 
        out this subsection $18,122,000,000, to remain available until 
        expended.
            (3) Availability of funds.--Amounts transferred to the 
        Administrator under paragraph (2) and obligated by the 
        Administrator under paragraph (1) shall remain available to the 
        Administrator, without further appropriation or fiscal year 
        limitation, for the purposes for which the amounts were 
        obligated.
    (b) Safe Drinking Water Funding.--
            (1) In general.--At the beginning of each fiscal year, the 
        Administrator shall obligate, for the fiscal year--
                    (A) not more than $174,250,000 for providing 
                technical assistance under section 1442(e) of the Safe 
                Drinking Water Act (42 U.S.C. 300j-1(e));
                    (B) not more than $15,159,750,000 for making 
                capitalization grants under section 1452 of that Act 
                (42 U.S.C. 300j-12); and
                    (C) not more than $1,045,500,000 for making grants 
                under section 1465 of that Act (42 U.S.C. 300j-25).
            (2) Funding.--On October 1 of each fiscal year, out of any 
        funds in the Treasury not otherwise appropriated, the Secretary 
        of the Treasury shall transfer to the Administrator to carry 
        out this subsection $16,379,500,000, to remain available until 
        expended.
            (3) Availability of funds.--Amounts transferred to the 
        Administrator under paragraph (2) and obligated by the 
        Administrator under paragraph (1) shall remain available to the 
        Administrator, without further appropriation or fiscal year 
        limitation, for the purposes for which the amounts were 
        obligated.
    (c) Household Water Well Systems.--
            (1) In general.--At the beginning of each fiscal year, the 
        Secretary of Agriculture (referred to in this subsection as the 
        ``Secretary'') shall obligate, for the fiscal year, not more 
        than $348,500,000 for making grants under section 306E of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1926e).
            (2) Funding.--On October 1 of each fiscal year, out of any 
        funds in the Treasury not otherwise appropriated, the Secretary 
        of the Treasury shall transfer to the Secretary to carry out 
        this subsection $348,500,000, to remain available until 
        expended.
            (3) Availability of funds.--Amounts transferred to the 
        Secretary under paragraph (2) and obligated by the Secretary 
        under paragraph (1) shall remain available to the Secretary, 
        without further appropriation or fiscal year limitation, for 
        the purposes for which the amounts were obligated.

SEC. 3. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS 
              VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND 
              DATA COLLECTION.

    (a) Study.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') shall conduct a study on water and sewer 
        services.
            (2) Affordability.--In conducting the study under paragraph 
        (1), the Administrator shall study water affordability 
        nationwide, including--
                    (A) rates for water and sewer services, increases 
                in those rates during the 10-year period ending on the 
                date on which the Administrator begins to carry out the 
                study under paragraph (1), and water service 
                disconnections due to unpaid water service charges; and
                    (B) for promoting affordable, equitable, 
                transparent, and reliable water and sewer service, the 
                effectiveness of funding under--
                            (i) section 1452 of the Safe Drinking Water 
                        Act (42 U.S.C. 300j-12); and
                            (ii) section 601 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1381).
            (3) Discrimination and civil rights.--In conducting the 
        study under paragraph (1), the Administrator, in collaboration 
        with the Civil Rights Division of the Department of Justice, 
        shall study--
                    (A) discriminatory practices of water and sewer 
                service providers; and
                    (B) violations by water and sewer service providers 
                that receive Federal assistance of civil rights under 
                title VI of the Civil Rights Act of 1964 (42 U.S.C. 
                2000d et seq.) with respect to equal access to water 
                and sewer services.
            (4) Public participation in regionalization.--In conducting 
        the study under paragraph (1), the Administrator shall evaluate 
        efforts to regionalize public water systems, as defined in 
        section 1401 of the Safe Water Drinking Act (42 U.S.C. 300f), 
        and sewer services with respect to public participation in--
                    (A) the decision to undergo the regionalization; 
                and
                    (B) decision making by the board of directors (or 
                other governing body) of the entity that provides, or 
                oversees or coordinates the provision of, water by the 
                public water systems subject to the regionalization.
            (5) Data collection.--In conducting the study under 
        paragraph (1), the Administrator shall collect information, 
        assess the availability of information, and evaluate the 
        methodologies used to collect information, related to--
                    (A) people living without water or sewer services;
                    (B) water service disconnections due to unpaid 
                water service charges, including disconnections 
                experienced by households containing children, elderly 
                persons, disabled persons, chronically ill persons, or 
                other vulnerable populations; and
                    (C) disparate effects, on the basis of race, 
                gender, or socioeconomic status, of water service 
                disconnections and the lack of public water service.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
contains--
            (1) the results of the study under subsection (a)(1); and
            (2) recommendations for utility companies, Federal 
        agencies, and States with respect to the results of the study.

SEC. 4. TECHNICAL ASSISTANCE TO RURAL AND SMALL MUNICIPALITIES AND 
              TRIBAL GOVERNMENTS.

    Section 104(u)(7) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(u)(7)) is amended by striking ``not to exceed $25,000,000'' 
and inserting ``$175,000,000''.

SEC. 5. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEM IMPROVEMENT.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 222. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEMS.

    ``Not later than 1 year after the date of enactment of this 
section, the Administrator shall establish a grant program to make 
grants to users of a septic tank and drainage field for costs 
associated with repairing, replacing, or upgrading the septic tank and 
drainage field.''.

SEC. 6. HOUSEHOLD WATER WELL SYSTEMS.

    Section 306E(d) of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1926e(d)) is amended by striking ``$20,000,000 for each of 
fiscal years 2019 through 2023'' and inserting ``$348,500,000 for each 
fiscal year''.

SEC. 7. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

    (a) Specific Requirements.--Section 602(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
            (1) in paragraph (2), by striking ``will be made to the 
        State with funds to be made available'' and inserting ``were 
        made to the State with funds made available for fiscal year 
        2019'';
            (2) in paragraph (13)(B)(iii), by striking ``and'' at the 
        end;
            (3) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(15) the State will not provide financial assistance 
        using amounts from the fund for any project that will provide 
        substantial direct benefits to new communities, lots, or 
        subdivisions, other than a project to construct an advanced 
        decentralized wastewater system; and''.
    (b) Projects and Activities Eligible for Assistance.--Section 
603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) 
is amended--
            (1) in paragraph (11)(B), by striking ``and'' at the end;
            (2) in paragraph (12)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) to any municipality or intermunicipal, interstate, 
        or State agency for--
                    ``(A) purchasing from a willing seller a privately 
                owned treatment works for the purpose of bringing the 
                treatment works into public ownership; and
                    ``(B) expenses related to canceling a contract for 
                the operation or management of a publicly owned 
                treatment works.''.
    (c) Increasing the Amount of Additional Subsidization by the 
State.--Section 603(i)(3) of the Federal Water Pollution Control Act 
(33 U.S.C. 1383(i)(3)) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B) Additional limitation.--A State may use not 
                less than 50 percent of the total amount received by 
                the State in capitalization grants under this title for 
                a fiscal year for providing additional subsidization 
                under this subsection.''.

SEC. 8. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER 
              ACT.

    Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``publicly owned, operated, and managed'' 
                        before ``community water systems''; and
                            (ii) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) Acquisition of real property.--The funds 
                under this section may be used for--
                            ``(i) purchasing from a willing seller a 
                        privately owned community water system for the 
                        purpose of bringing the community water system 
                        into public ownership; or
                            ``(ii) for the expenses related to 
                        canceling a contract for the operation or 
                        management of a community water system.''; and
                    (B) by adding at the end the following:
            ``(6) Exception to public ownership, operation, and 
        management requirement.--Notwithstanding paragraph (2)(A), a 
        public water system that regularly serves fewer than 10,000 
        persons, and that is not owned, operated, or managed by any 
        person who owns, operates, or manages any other public water 
        system, may receive assistance under this section.'';
            (2) in subsection (d), by striking paragraph (2) and 
        inserting the following:
            ``(2) Total amount of subsidies.--To the extent that there 
        are sufficient applications for loans to the communities 
        described in paragraph (1), of the amount of the capitalization 
        grant received by a State for a fiscal year, the total amount 
        of loan subsidies made by the State for the fiscal year 
        pursuant to paragraph (1) may not be less than 50 percent.'';
            (3) in subsection (e), by striking ``to be made to the 
        State'' and inserting ``that was made to the State in fiscal 
        year 2019'';
            (4) in subsection (g)(3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) guidance--
                            ``(i) to ensure affordable, equitable, 
                        transparent and reliable water service 
                        provision;
                            ``(ii) to provide protections for 
                        households facing service disconnection due to 
                        unpaid water service charges; and
                            ``(iii) to promote universal equal access 
                        to water services.''; and
            (5) in subsection (k)(1), by adding at the end the 
        following:
                    ``(E) Provide assistance in the form of a grant to 
                owners of private property on which a lead service line 
                (as defined in section 1459B(a)) is or may be located, 
                for the purpose of replacing the lead service line with 
                a service line that is lead free (as defined in section 
                1417(d)).
                    ``(F) Provide assistance to a publicly owned, 
                operated, and managed community water system for the 
                purpose of updating a treatment plant or switching 
                water sources due to contamination from per- and 
                polyfluoroalkyl substances (commonly referred to as 
                `PFAS') (as defined by the State in which the community 
                water system is located).
                    ``(G) Provide assistance in the form of a grant to 
                an owner of a household water well that has been 
                contaminated by per- and polyfluoroalkyl substances 
                (commonly referred to as `PFAS') (as defined by the 
                State in which the household well is located) for the 
                purpose of purchasing and installing a household 
                filtration system.''.

SEC. 9. DRINKING WATER GRANT PROGRAMS.

    (a) School Drinking Water Improvement.--Section 1465 of the Safe 
Drinking Water Act (42 U.S.C. 300j-25) is amended--
            (1) in the section heading, by striking ``fountain'' and 
        inserting ``infrastructure'';
            (2) in subsection (a), by striking ``fountains manufactured 
        prior to 1988'' and inserting ``infrastructure'';
            (3) by striking subsection (b) and inserting the following:
    ``(b) Use of Funds.--Funds awarded under the grant program may be 
used to pay costs associated with--
            ``(1) installing, repairing, or replacing the 
        infrastructure necessary to ensure that drinking water 
        fountains, drinking water coolers, and bottle filling stations 
        at schools are lead free (as defined in section 1417(d)); and
            ``(2) monitoring and reporting of lead levels in the 
        drinking water of schools, as determined appropriate by the 
        Administrator.''; and
            (4) in subsection (d)--
                    (A) by striking ``$5,000,000'' and inserting 
                ``$1,050,000,000''; and
                    (B) by striking ``2021'' and inserting ``2022''.
    (b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(i)(1)) is amended, in the first sentence--
            (1) by striking ``1 1/2'' and inserting ``3''; and
            (2) by striking ``may'' and inserting ``shall''.

SEC. 10. REQUIREMENT FOR THE USE OF AMERICAN MATERIALS IN DRINKING 
              WATER INFRASTRUCTURE.

    Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019 
through 2023, funds'' and inserting ``Funds''.

SEC. 11. LABOR PROVISIONS.

    (a) Prevailing Rate of Wage.--Nothing in this Act or an amendment 
made by this Act affects the applicability of the requirements relating 
to labor standards of sections 513 and 602(b)(6) of the Federal Water 
Pollution Control Act (33 U.S.C. 1372, 1382(b)(6)) and section 1450(e) 
of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) to projects 
carried out under those Acts.
    (b) Project Labor Agreements.--
            (1) Clean water revolving funds.--Section 602(b) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1382(b)) (as 
        amended by section 7(a)) is amended by adding at the end the 
        following:
            ``(16) the State will--
                    ``(A) permit recipients of assistance under this 
                title to enter into agreements authorized under section 
                8(f) of the National Labor Relations Act (29 U.S.C. 
                158(f)) (commonly known as `project labor agreements') 
                with respect to projects for building or construction 
                carried out with that assistance; and
                    ``(B) ensure that, to the maximum extent 
                practicable, recipients of assistance under this title 
                carry out the projects through the use of the 
                agreements described in subparagraph (A).''.
            (2) Drinking water revolving funds.--Section 1452 of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12) is amended--
                    (A) in subsection (a) (as amended by section 8(1)), 
                by adding at the end the following:
            ``(7) Project labor agreements.--Each agreement under this 
        subsection shall require that the State permit recipients of 
        assistance under this section to enter into an agreement 
        authorized under section 8(f) of the National Labor Relations 
        Act (29 U.S.C. 158(f)) (commonly known as a `project labor 
        agreement') with respect to projects for building or 
        construction carried out with that assistance.''; and
                    (B) in subsection (b)(3)(A)--
                            (i) in clause (ii), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (iii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) with respect to projects for 
                        building or construction, will be carried out 
                        through the use of agreements authorized under 
                        section 8(f) of the National Labor Relations 
                        Act (29 U.S.C. 158(f)).''.
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