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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4470 Received in Senate (RDS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4470

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2016

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To amend the Safe Drinking Water Act with respect to the requirements 
       related to lead in drinking water, 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.

    This Act may be cited as the ``Safe Drinking Water Act Improved 
Compliance Awareness Act''.

SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS.

    Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)) is amended--
            (1) in the header, by inserting ``States, the 
        Administrator, and'' before ``Persons Served'';
            (2) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``paragraph 
                (2)(E)'' and inserting ``paragraph (2)(F)''; and
                    (B) by adding at the end the following:
                    ``(D) Notice of any exceedance at the 90th 
                percentile of a lead action level in a regulation 
                promulgated under section 1412.'';
            (3) in paragraph (2)--
                    (A) in subparagraph (B), by striking ``subparagraph 
                (D)'' and inserting ``subparagraph (E)'';
                    (B) in subparagraph (C)--
                            (i) in the header, by striking 
                        ``Violations'' and inserting ``Notice of 
                        violations'';
                            (ii) in the matter preceding clause (i)--
                                    (I) by inserting ``, and each 
                                exceedance described in paragraph 
                                (1)(D),'' after ``for each violation''; 
                                and
                                    (II) by inserting ``or exceedance'' 
                                after ``Each notice of violation'';
                            (iii) by inserting ``or exceedance'' after 
                        ``the violation'' each place it appears; and
                            (iv) in clause (iv)--
                                    (I) in subclause (I), by striking 
                                ``broadcast media'' and inserting 
                                ``media, including broadcast media,'';
                                    (II) in subclause (II)--
                                            (aa) by striking ``in a 
                                        newspaper of general 
                                        circulation serving the area'' 
                                        and inserting ``for circulation 
                                        in the affected area, including 
                                        in a newspaper of general 
                                        circulation serving the 
                                        area,''; and
                                            (bb) by striking ``or the 
                                        date of publication of the next 
                                        issue of the newspaper''; and
                                    (III) in subclause (III), by 
                                striking ``in lieu of notification by 
                                means of broadcast media or 
                                newspaper'';
                    (C) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) Notice by administrator.--If, after 24 hours 
                after the Administrator's notification under subsection 
                (a)(1)(A), the State with primary enforcement 
                responsibility or the owner or operator of the public 
                water system has not issued a notice that is required 
                under subparagraph (C) for an exceedance described in 
                paragraph (1)(D), the Administrator shall issue such 
                required notice pursuant to this paragraph.'';
            (4) in paragraph (3)(B)--
                    (A) by striking ``subparagraph (A) and'' and 
                inserting ``subparagraph (A),''; and
                    (B) by striking ``subparagraph (C) or (D) of 
                paragraph (2)'' and inserting ``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 such 
                paragraph'';
            (5) in paragraph (4)(B)--
                    (A) in clause (ii), by striking ``the terms'' and 
                inserting ``the terms `action level',''; and
                    (B) in clause (iii), by striking ``and (IV)'' and 
                inserting ``(IV) the action level for the contaminant, 
                and (V)''; and
            (6) by adding at the end the following:
            ``(5) Exceedance of safe lead level.--
                    ``(A) Strategic plan.--Not later than 120 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 conduct 
                targeted outreach, education, technical assistance, and 
                risk communication to populations affected by 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 
                        epa.--If the Environmental Protection Agency 
                        develops or receives, from a source other than 
                        the State or the public water system, data, 
                        which meets the requirements of section 
                        1412(b)(3)(A)(ii), indicating that the drinking 
                        water of a person served by a public water 
                        system contains a level of lead that exceeds a 
                        lead action level promulgated under section 
                        1412, the Administrator shall require an 
                        appropriate employee of the Agency to forward 
                        such data to the owner or operator of the 
                        public water system and to the State in which 
                        the exceedance occurred within a time period 
                        established by the Administrator.
                            ``(ii) Dissemination of information by 
                        owner or operator.--If an owner or operator of 
                        a public water system receives a notice under 
                        clause (i), the owner or operator, within a 
                        time period established by the Administrator, 
                        shall disseminate to affected persons the 
                        information described in subparagraph (C).
                            ``(iii) Consultation.--
                                    ``(I) Deadline.--With respect to an 
                                exceedance at the 90th percentile of a 
                                lead action level in a regulation 
                                promulgated under section 1412, if the 
                                owner or operator of the public water 
                                system does not disseminate, in the 
                                time period established by the 
                                Administrator, the information 
                                described in subparagraph (C), as 
                                required under clause (ii), not later 
                                than 24 hours after becoming aware of 
                                such failure to disseminate, 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 such information to 
                                affected persons within 24 hours of the 
                                end of such consultation period.
                                    ``(II) Delegation.--The 
                                Administrator may only delegate the 
                                duty to consult under this clause to an 
                                employee of the Environmental 
                                Protection Agency who is working in the 
                                Office of Water, at the headquarters of 
                                the Agency, at the time of such 
                                delegation.
                            ``(iv) Dissemination by administrator.--The 
                        Administrator shall, as soon as reasonably 
                        possible, disseminate to affected persons the 
                        information described subparagraph (C) if--
                                    ``(I) the Administrator and the 
                                applicable Governor do not agree on a 
                                plan described in clause (iii)(I) 
                                during the consultation period under 
                                such clause; or
                                    ``(II) the applicable Governor does 
                                not disseminate the information within 
                                24 hours of the end of such 
                                consultation period.
                    ``(C) Information required.--Information required 
                to be disseminated under this paragraph shall include a 
                clear explanation of the exceedance of a lead action 
                level, its potential adverse effects on human health, 
                the steps that the owner or operator of the public 
                water system is taking to correct the exceedance, and 
                the necessity of seeking alternative water supplies 
                until the exceedance is corrected.
            ``(6) Privacy.--Any notice under this subsection to the 
        public or an affected person shall protect the privacy of 
        individual customer information.''.

SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.

    Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is 
amended--
            (1) by amending subsection (a)(2)(A) to read as follows:
                    ``(A) In general.--
                            ``(i) Identification and notice.--Each 
                        owner or operator of a public water system 
                        shall identify and provide notice to persons 
                        who may be affected by--
                                    ``(I) lead contamination of their 
                                drinking water where such contamination 
                                results from--
                                            ``(aa) the lead content in 
                                        the construction materials of 
                                        the public water distribution 
                                        system; or
                                            ``(bb) corrosivity of the 
                                        water supply sufficient to 
                                        cause leaching of lead; or
                                    ``(II) an exceedance at the 90th 
                                percentile of a lead action level in a 
                                regulation promulgated under section 
                                1412.
                            ``(ii) Manner and form.--Notice under this 
                        paragraph shall be provided in such manner and 
                        form as may be reasonably required by the 
                        Administrator. Notwithstanding clause (i)(II), 
                        notice under this paragraph shall be provided 
                        notwithstanding the absence of a violation of 
                        any national drinking water standard.'';
            (2) in subsection (b)(2)--
                    (A) by striking ``The requirements'' and inserting 
                the following:
                    ``(A) In general.--The requirements''; and
                    (B) by adding at the end the following: 
                ``Enforcement of such requirements shall be carried out 
                by a State with primary enforcement responsibility or 
                the Administrator, as appropriate.
                    ``(B) Notification by administrator.--In the case 
                of an exceedance described in subsection 
                (a)(2)(A)(i)(II), if the public water system or the 
                State in which the public water system is located does 
                not notify the persons who may be affected by such 
                exceedance in accordance with subsection (a)(2), the 
                Administrator shall notify such persons of such 
                exceedance in accordance with subsection (a)(2), 
                including notification of the relevant concentrations 
                of lead. Such notice shall protect the privacy of 
                individual customer information.''; and
            (3) by adding at the end the following:
    ``(f) Public Education.--
            ``(1) In general.--The Administrator shall make information 
        available to the public regarding lead in drinking water, 
        including information regarding--
                    ``(A) risks associated with lead in drinking water;
                    ``(B) the likelihood that drinking water in a 
                residence may contain lead;
                    ``(C) steps States, public water systems, and 
                consumers can take to reduce the risks of lead; and
                    ``(D) the availability of additional resources that 
                consumers can use to minimize lead exposure, including 
                information on how to sample for lead in drinking 
                water.
            ``(2) Vulnerable populations.--In making information 
        available to the public under this subsection, the 
        Administrator shall carry out targeted outreach strategies that 
        focus on educating groups within the general population that 
        may be at greater risk than the general population of adverse 
        health effects from exposure to lead in drinking water.''.

            Passed the House of Representatives February 10, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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