I 

114TH CONGRESS 

2D SESSION H. R. 4653 

To amend the Safe Drinking Water Act to increase assistance for States, 

water systems, and disadvantaged communities; to encourage good financial and environmental management of water systems; to strengthen 

the Environmental Protection Agency’s ability to enforce the requirements of the Act; and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 29, 2016 

Mr. TONKO (for himself, Mr. PALLONE, Mrs. CAPPS, Mr. CA ́RDENAS, Mr. 

GENE GREEN of Texas, and Mr. MCNERNEY) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental 

management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Assistance, Quality, and Affordability Act of 2016’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Prevailing wages. 

Sec. 3. Use of funds. 

Sec. 4. Requirements for use of American materials. 

Sec. 5. Data on variances, exemptions, and persistent violations. 

Sec. 6. Assistance for restructuring. 

Sec. 7. Priority and weight of applications. 

Sec. 8. Disadvantaged communities. 

Sec. 9. Administration of State loan funds. 

Sec. 10. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Affordability of new standards. 

Sec. 13. Focus on lifecycle costs. 

Sec. 14. Enforcement. 

Sec. 15. Presence of pharmaceuticals and personal care products in sources of 

drinking water. 

Sec. 16. Electronic reporting of compliance monitoring data to the Administrator. 

Sec. 17. Best practices for administration of State revolving loan fund programs. 

Sec. 18. Water loss and leak control technology. 

Sec. 19. Risks of drought to drinking water. 

Sec. 20. Water infrastructure resiliency and sustainability program. 

Sec. 21. Reducing lead in drinking water. 

7 (c) REFERENCES.—Except as otherwise specified, 

8 whenever in this Act an amendment is expressed in terms 

9 of an amendment to a section or other provision, the ref10 erence shall be considered to be made to a section or other 

11 provision of the Safe Drinking Water Act (42 U.S.C. 300f 

12 et seq.). 


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1 SEC. 2. PREVAILING WAGES. 

2 Subsection (e) of section 1450 (42 U.S.C. 300j–9) 

3 is amended to read as follows: 

4 ‘‘(e) LABOR STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Administrator shall 

6 take such action as the Administrator determines to 

7 be necessary to ensure that each laborer and me8 chanic employed by a contractor or subcontractor in 

9 connection with a construction project financed, in 

10 whole or in part, by a grant, loan, loan guarantee, 

11 refinancing, or any other form of financial assistance 

12 provided under this title (including assistance pro13 vided by a State loan fund established under section 

14 1452) is paid wages at a rate of not less than the 

15 wages prevailing for the same type of work on simi16 lar construction in the immediate locality, as deter17 mined by the Secretary of Labor in accordance with 

18 subchapter IV of chapter 31 of title 40, United 

19 States Code. 

20 ‘‘(2) AUTHORITY OF SECRETARY OF LABOR.— 

21 With respect to the labor standards specified in this 

22 subsection, the Secretary of Labor shall have the au23 thority and functions established in Reorganization 

24 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec25 tion 3145 of title 40, United States Code.’’. 


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1 SEC. 3. USE OF FUNDS. 

2 Section 1452(a)(2) (42 U.S.C. 300j–12(a)(2)) is 

3 amended— 

4 (1) by striking ‘‘Except as otherwise’’ and in5 serting the following: 

6 ‘‘(A) IN GENERAL.—Except as otherwise’’; 

7 (2) by striking ‘‘Financial assistance under this 

8 section’’ and inserting the following: 

9 ‘‘(B) PERMISSIBLE EXPENDITURES.—Fi10 nancial assistance under this section’’; 

11 (3) by striking ‘‘The funds may also be used’’ 

12 and inserting the following: 

13 ‘‘(D) CERTAIN LOANS.—Financial assist14 ance under this section may also be used’’; 

15 (4) by striking ‘‘The funds shall not be used’’ 

16 and inserting the following: 

17 ‘‘(E) LIMITATION.—Financial assistance 

18 under this section shall not be used’’; 

19 (5) by striking ‘‘Of the amount credited’’ and 

20 inserting the following: 

21 ‘‘(F) SET-ASIDE.—Of the amount cred22 ited’’; 

23 (6) in subparagraph (B) (as designated by 

24 paragraph (2)) by striking ‘‘(not’’ and inserting 

25 ‘‘(including expenditures for planning, design, siting, 

26 and associated preconstruction activities, for replacVerDate Sep 11 2014 02:13 Mar 01, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4653.IH H4653

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1 ing or rehabilitating aging treatment, storage, or 

2 distribution facilities of public water systems, or for 

3 producing or capturing sustainable energy on site or 

4 through the transportation of water through the 

5 public water system, but not’’; and 

6 (7) by inserting after such subparagraph (B) 

7 the following: 

8 ‘‘(C) SALE OF BONDS.—If a State issues 

9 revenue or general obligation bonds to provide 

10 all or part of the State contribution required by 

11 subsection (e), and the proceeds of the sale of 

12 such bonds will be deposited into the State loan 

13 fund— 

14 ‘‘(i) financial assistance made avail15 able under this section may be used by the 

16 State as security for payment of the prin17 cipal and interest on such bonds; and 

18 ‘‘(ii) interest earnings of the State 

19 loan fund may be used by the State as rev20 enue for payment of the principal and in21 terest on such bonds.’’. 

22 SEC. 4. REQUIREMENTS FOR USE OF AMERICAN MATE23 RIALS. 

24 Section 1452(a) (42 U.S.C. 300j–12(a)) is amended 

25 by adding at the end the following new paragraph: 


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1 ‘‘(4) REQUIREMENTS FOR USE OF AMERICAN

2 MATERIALS.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding any 

4 other provision of law, none of the funds made 

5 available by a State loan fund as authorized 

6 under this section may be used for a project for 

7 the construction, alteration, maintenance, or re8 pair of a public water system unless all of the 

9 iron and steel products used in such project are 

10 produced in the United States. 

11 ‘‘(B) APPLICATION.—Subparagraph (A) 

12 shall not apply in any case in which the Admin13 istrator (in consultation with the Governor of 

14 the State) finds that— 

15 ‘‘(i) applying subparagraph (A) would 

16 be inconsistent with the public interest; 

17 ‘‘(ii) iron and steel products are not 

18 produced in the United States in sufficient 

19 and reasonably available quantities and of 

20 a satisfactory quality; or 

21 ‘‘(iii) inclusion of iron and steel prod22 ucts produced in the United States will in23 crease the cost of the overall project by 

24 more than 25 percent. 


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1 ‘‘(C) WAIVER.—If the Administrator re2 ceives a request for a waiver under this section, 

3 the Administrator shall— 

4 ‘‘(i) make available to the public, on 

5 an informal basis, a copy of the request 

6 and information available to the Adminis7 trator concerning the request; 

8 ‘‘(ii) make the request and accom9 panying information available by electronic 

10 means, including on the official public 

11 Internet site of the Environmental Protec12 tion Agency; and 

13 ‘‘(iii) allow for informal public input 

14 on the request for at least 15 days prior to 

15 making a finding based on the request. 

16 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

17 AGREEMENTS.—This paragraph shall be applied 

18 in a manner consistent with United States obli19 gations under international agreements. 

20 ‘‘(E) DEFINITION OF IRON AND STEEL

21 PRODUCTS.—In this paragraph, the term ‘iron 

22 and steel products’ means the following prod23 ucts made primarily of iron or steel: lined or 

24 unlined pipes and fittings, manhole covers and 

25 other municipal castings, hydrants, tanks, 


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1 flanges, pipe clamps and restraints, valves, 

2 structural steel, reinforced precast concrete, 

3 and construction materials.’’. 

4 SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PER5 SISTENT VIOLATIONS. 

6 Section 1452(b)(2) (42 U.S.C. 300j–12(b)(2)) is 

7 amended— 

8 (1) in subparagraph (B), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (C), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(D) a list of all water systems within the 

14 State that have in effect an exemption or vari15 ance for any national primary drinking water 

16 regulation or that are in persistent violation of 

17 the requirements for any maximum contami18 nant level or treatment technique under a na19 tional primary drinking water regulation, in20 cluding identification of— 

21 ‘‘(i) the national primary drinking 

22 water regulation in question for each such 

23 exemption, variance, or violation; and 


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1 ‘‘(ii) the date on which the exemption 

2 or variance came into effect or the viola3 tion began.’’. 

4 SEC. 6. ASSISTANCE FOR RESTRUCTURING. 

5 (a) DEFINITION.—Section 1401 (42 U.S.C. 300f) is 

6 amended by adding at the end the following: 

7 ‘‘(17) RESTRUCTURING.—The term ‘restruc8 turing’ means changes in operations (including own9 ership, management, cooperative partnerships, joint 

10 purchasing arrangements, consolidation, and alter11 native water supply).’’. 

12 (b) RESTRUCTURING.—Clause (ii) of section 

13 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 

14 by striking ‘‘changes in operations (including ownership, 

15 management, accounting, rates, maintenance, consolida16 tion, alternative water supply, or other procedures)’’ and 

17 inserting ‘‘restructuring’’. 

18 SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS. 

19 (a) PRIORITY.—Section 1452(b)(3) (42 U.S.C. 300j– 

20 12(b)(3)) is amended— 

21 (1) in subparagraph (A)— 

22 (A) in clause (ii), by striking ‘‘and’’ at the 

23 end; 

24 (B) in clause (iii), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(iv) improve the ability of systems to 

3 protect human health and comply with the 

4 requirements of this title affordably in the 

5 future.’’; 

6 (2) by redesignating subparagraph (B) as sub7 paragraph (D); 

8 (3) by inserting after subparagraph (A) the fol9 lowing: 

10 ‘‘(B) AFFORDABILITY OF NEW STAND11 ARDS.—For any year in which enforcement be12 gins for a new national primary drinking water 

13 standard, each State that has entered into a 

14 capitalization agreement pursuant to this sec15 tion shall evaluate whether capital improve16 ments required to meet the standard are afford17 able for disadvantaged communities (as defined 

18 in subsection (d)(3)) in the State. If the State 

19 finds that such capital improvements do not 

20 meet affordability criteria for disadvantaged 

21 communities in the State, the State’s intended 

22 use plan shall provide that priority for the use 

23 of funds for such year be given to public water 

24 systems affected by the standard and serving 

25 disadvantaged communities. 


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1 ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.— 

2 After determining priority under subparagraphs 

3 (A) and (B), an intended use plan shall provide 

4 that the State will give greater weight to an ap5 plication for assistance if the application con6 tains— 

7 ‘‘(i) a description of measures under8 taken by the system to improve the man9 agement and financial stability of the sys10 tem, which may include— 

11 ‘‘(I) an inventory of assets, in12 cluding a description of the condition 

13 of the assets; 

14 ‘‘(II) a schedule for replacement 

15 of assets; 

16 ‘‘(III) an audit of water losses; 

17 ‘‘(IV) a financing plan that fac18 tors in all lifecycle costs indicating 

19 sources of revenue from ratepayers, 

20 grants, bonds, other loans, and other 

21 sources to meet the costs; and 

22 ‘‘(V) a review of options for re23 structuring; 


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1 ‘‘(ii) a demonstration of consistency 

2 with State, regional, and municipal water3 shed plans; 

4 ‘‘(iii) a water conservation plan con5 sistent with guidelines developed for such 

6 plans by the Administrator under section 

7 1455(a); and 

8 ‘‘(iv) a description of measures under9 taken by the system to improve the effi10 ciency of the system or reduce the system’s 

11 environmental impact, which may in12 clude— 

13 ‘‘(I) water efficiency or conserva14 tion, including the rehabilitation or re15 placement of existing leaking pipes; 

16 ‘‘(II) use of reclaimed water; 

17 ‘‘(III) actions to increase energy 

18 efficiency; 

19 ‘‘(IV) actions to generate or cap20 ture sustainable energy on site or 

21 through the transportation of water 

22 through the system; 

23 ‘‘(V) actions to protect source 

24 water; 


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1 ‘‘(VI) actions to mitigate or pre2 vent corrosion, including design, selec3 tion of materials, selection of coating, 

4 and cathodic protection; and 

5 ‘‘(VII) actions to reduce disinfec6 tion byproducts.’’; and 

7 (4) in subparagraph (D) (as redesignated by 

8 paragraph (2)) by striking ‘‘periodically’’ and insert9 ing ‘‘at least biennially’’. 

10 (b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) 

11 is amended— 

12 (1) by redesignating subsection (r) as sub13 section (t); and 

14 (2) by inserting after subsection (q) the fol15 lowing: 

16 ‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 

17 may provide guidance and, as appropriate, tools, meth18 odologies, or computer software, to assist small systems 

19 in undertaking measures to improve the management, fi20 nancial stability, and efficiency of the system or reduce 

21 the system’s environmental impact.’’. 

22 SEC. 8. DISADVANTAGED COMMUNITIES. 

23 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec24 tion 1452(b)(3) (42 U.S.C. 300j–12(b)(3)), as amended, 

25 is further amended by adding at the end the following: 


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1 ‘‘(E) ASSISTANCE TO INCREASE COMPLI2 ANCE.—A State’s intended use plan shall pro3 vide that, of the funds received by the State 

4 through a capitalization grant under this sec5 tion for a fiscal year, the State will, to the ex6 tent that there are sufficient eligible project ap7 plications, reserve not less than 6 percent to be 

8 spent on assistance under subsection (d) to 

9 public water systems included in the State’s 

10 most recent list under paragraph (2)(D).’’. 

11 (b) ASSISTANCE FOR DISADVANTAGED COMMU12 NITIES.—Section 1452(d) (42 U.S.C. 300j–12(d)) is 

13 amended— 

14 (1) in paragraph (1), by adding at the end the 

15 following: ‘‘Such additional subsidization shall di16 rectly and primarily benefit the disadvantaged com17 munity.’’; and 

18 (2) in paragraph (3), by inserting ‘‘, or portion 

19 of a service area,’’ after ‘‘service area’’. 

20 (c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) 

21 is amended by adding at the end: ‘‘Each State that has 

22 entered into a capitalization agreement pursuant to this 

23 section shall, in establishing affordability criteria, con24 sider, solicit public comment on, and include as appro25 priate— 


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1 ‘‘(A) the methods or criteria that the State 

2 will use to identify disadvantaged communities; 

3 ‘‘(B) a description of the institutional, reg4 ulatory, financial, tax, or legal factors at the 

5 Federal, State, or local level that affect identi6 fied affordability criteria; and 

7 ‘‘(C) a description of how the State will 

8 use the authorities and resources under this 

9 subsection to assist communities meeting the 

10 identified criteria.’’. 

11 SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS. 

12 Section 1452(g) (42 U.S.C. 300j–12(g)) is amend13 ed— 

14 (1) in paragraph (2)— 

15 (A) in the first sentence, by striking ‘‘up 

16 to 4 percent of the funds allotted to the State 

17 under this section’’ and inserting ‘‘, for each 

18 fiscal year, an amount that does not exceed the 

19 sum of the amount of any fees collected by the 

20 State for use in covering reasonable costs of ad21 ministration of programs under this section, re22 gardless of the source, and an amount equal to 

the greatest of $400,000, 1 23 ⁄5 of one percent of 

24 the current valuation of the State loan fund, or 


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1 6 percent of all grant awards to the State loan 

2 fund under this section for the fiscal year,’’; 

3 (B) by striking ‘‘1419,’’ and all that fol4 lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 

5 and 

6 (C) in the matter following subparagraph 

7 (D), by striking ‘‘2 percent’’ and inserting ‘‘4 

8 percent’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(5) TRANSFER OF FUNDS.— 

11 ‘‘(A) IN GENERAL.—The Governor of a 

12 State may— 

13 ‘‘(i) reserve for any fiscal year not 

14 more than the lesser of— 

15 ‘‘(I) 33 percent of a capitaliza16 tion grant made under this section; or 

17 ‘‘(II) 33 percent of a capitaliza18 tion grant made under section 601 of 

19 the Federal Water Pollution Control 

20 Act; and 

21 ‘‘(ii) add the funds so reserved to any 

22 funds provided to the State under this sec23 tion or section 601 of the Federal Water 

24 Pollution Control Act. 


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1 ‘‘(B) STATE MATCHING FUNDS.—Funds 

2 reserved under this paragraph shall not be con3 sidered for purposes of calculating the amount 

4 of a State contribution required by subsection 

5 (e) of this section or section 602(b) of the Fed6 eral Water Pollution Control Act.’’. 

7 SEC. 10. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

8 SAMOA, NORTHERN MARIANA ISLANDS, 

9 GUAM, AND THE VIRGIN ISLANDS. 

10 Section 1452(j) (42 U.S.C. 300j–12(j)) is amended 

11 by striking ‘‘0.33 percent’’ and inserting ‘‘1.5 percent’’. 

12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

13 Subsection (m) of section 1452 (42 U.S.C. 300j–12) 

14 is amended to read as follows: 

15 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(1) IN GENERAL.—There are authorized to be 

17 appropriated to carry out this section— 

18 ‘‘(A) $3,130,000,000 for fiscal year 2017; 

19 ‘‘(B) $3,600,000,000 for fiscal year 2018; 

20 ‘‘(C) $4,140,000,000 for fiscal year 2019; 

21 ‘‘(D) $4,800,000,000 for fiscal year 2020; 

22 and 

23 ‘‘(E) $5,500,000,000 for fiscal year 2021. 


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1 ‘‘(2) AVAILABILITY.—Amounts made available 

2 pursuant to this subsection shall remain available 

3 until expended. 

4 ‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of 

5 the amount made available under paragraph (1) to 

6 carry out this section for a fiscal year, the Adminis7 trator may reserve not more than $1,000,000 per 

8 year to pay the costs of conducting needs surveys 

9 under subsection (h).’’. 

10 SEC. 12. AFFORDABILITY OF NEW STANDARDS. 

11 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

12 WATER SYSTEMS.—Clause (ii) of section 1412(b)(4)(E) 

13 (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the 

14 end the following: ‘‘If no technology, treatment technique, 

15 or other means is included in a list under this subpara16 graph for a category of small public water systems, the 

17 Administrator shall periodically review the list and supple18 ment it when new technology becomes available.’’. 

19 (b) ASSISTANCE FOR DISADVANTAGED COMMU20 NITIES.— 

21 (1) IN GENERAL.—Subparagraph (E) of section 

22 1452(a)(1) (42 U.S.C. 300j–12(a)(1)) is amended— 

23 (A) by striking ‘‘except that the Adminis24 trator may reserve’’ and inserting ‘‘except 

25 that— 


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1 ‘‘(i) in any year in which enforcement 

2 of a new national primary drinking water 

3 standard begins, the Administrator may 

4 use the remaining amount to make grants 

5 to States whose public water systems are 

6 disproportionately affected by the new 

7 standard for the provision of assistance 

8 under subsection (d) to such public water 

9 systems; 

10 ‘‘(ii) the Administrator may reserve’’; 

11 and 

12 (B) by striking ‘‘and none of the funds re13 allotted’’ and inserting ‘‘; and 

14 ‘‘(iii) none of the funds reallotted’’. 

15 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

16 (A) Section 1412(b) (42 U.S.C. 300g– 

17 1(b)) is amended by striking paragraph (15). 

18 (B) Section 1415 (42 U.S.C. 300g–4) is 

19 amended by striking subsection (e). 

20 (3) CONFORMING AMENDMENTS.— 

21 (A) Subparagraph (B) of section 

22 1412(b)(6) (42 U.S.C. 300g–1(b)(6)) is amend23 ed— 

24 (i) by striking ‘‘experienced by—’’ and 

25 all that follows through ‘‘would justify’’ 


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1 and inserting ‘‘experienced by persons 

2 served by large public water systems would 

3 justify’’; and 

4 (ii) by striking ‘‘This subparagraph 

5 shall not apply if the contaminant is found 

6 almost exclusively in small systems eligible 

7 under section 1415(e) for a small system 

8 variance.’’. 

9 (B) Subparagraph (B) of section 

10 1414(c)(1) (42 U.S.C. 300g–3(c)(1)(B)) is 

11 amended by striking ‘‘, (a)(2), or (e)’’ and in12 serting ‘‘or (a)(2)’’. 

13 (C) Section 1416(b)(2) (42 U.S.C. 300g– 

14 5(b)(2)) is amended by striking subparagraph 

15 (D). 

16 (D) Section 1445(h) (42 U.S.C. 300j– 

17 4(h)) is amended— 

18 (i) by striking ‘‘sections 

19 1412(b)(4)(E) and 1415(e) (relating to 

20 small system variance program’’ and in21 serting ‘‘section 1412(b)(4)(E)’’; and 

22 (ii) by striking ‘‘guidance under sec23 tions 1412(b)(4)(E) and 1415(e)’’ and in24 serting ‘‘guidance under section 

25 1412(b)(4)(E)’’. 


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1 SEC. 13. FOCUS ON LIFECYCLE COSTS. 

2 Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is 

3 amended— 

4 (1) in subparagraph (D), by striking ‘‘taking 

5 cost into consideration’’ and inserting ‘‘taking 

6 lifecycle costs, including maintenance, replacement, 

7 and avoided costs, into consideration’’; and 

8 (2) in the matter preceding subclause (I) in 

9 subparagraph (E)(ii), by inserting ‘‘taking lifecycle 

10 costs, including maintenance, replacement, and 

11 avoided costs, into consideration,’’ after ‘‘as deter12 mined by the Administrator in consultation with the 

13 States,’’. 

14 SEC. 14. ENFORCEMENT. 

15 (a) ADVICE AND TECHNICAL ASSISTANCE.—Section 

16 1414 (42 U.S.C. 300g–3) is amended— 

17 (1) in the matter following clause (ii) in sub18 section (a)(1)(A), by striking ‘‘and provide such ad19 vice and technical assistance to such State and pub20 lic water system as may be appropriate to bring the 

21 system into compliance with the requirement by the 

22 earliest feasible time’’; and 

23 (2) in subsection (a)(1), by adding at the end 

24 the following: 

25 ‘‘(C) At any time after providing notice of a violation 

26 to a State and public water system under subparagraph 


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1 (A), the Administrator may provide such advice and tech2 nical assistance to such State and public water system as 

3 may be appropriate to bring the system into compliance 

4 with the requirement by the earliest feasible time. In de5 ciding whether the provision of advice or technical assist6 ance is appropriate, the Administrator may consider the 

7 potential for the violation to result in serious adverse ef8 fects to human health, whether the violation has occurred 

9 continuously or frequently, and the effectiveness of past 

10 technical assistance efforts.’’. 

11 (b) ADDITIONAL INSPECTIONS.— 

12 (1) IN GENERAL.—Section 1414 (42 U.S.C. 

13 300g–3) is amended— 

14 (A) by redesignating subsections (d) 

15 through (i) as subsections (e) through (j), re16 spectively; and 

17 (B) by inserting after subsection (c) the 

18 following: 

19 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA20 TIONS.— 

21 ‘‘(1) IN GENERAL.—The Administrator shall, 

22 by regulation, and after consultation with the States, 

23 prescribe the number, frequency, and type of addi24 tional inspections to follow any violation requiring 


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1 notice under subsection (c). Regulations under this 

2 subsection shall— 

3 ‘‘(A) take into account— 

4 ‘‘(i) differences between violations 

5 that are intermittent or infrequent and vio6 lations that are continuous or frequent; 

7 ‘‘(ii) the seriousness of any potential 

8 adverse health effects that may be in9 volved; and 

10 ‘‘(iii) the number and severity of past 

11 violations by the public water system; and 

12 ‘‘(B) specify procedures for inspections fol13 lowing a violation by a public water system that 

14 has the potential to have serious adverse effects 

15 on human health as a result of short-term expo16 sure. 

17 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI18 BILITY.—Nothing in this subsection shall be con19 strued or applied to modify the requirements of sec20 tion 1413.’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Subsections (a)(1)(B), (a)(2)(A), and 

23 (b) of section 1414 (42 U.S.C. 300g–3) are 

24 amended by striking ‘‘subsection (g)’’ each 

25 place it appears and inserting ‘‘subsection (h)’’. 


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1 (B) Section 1448(a) is amended by strik2 ing ‘‘1414(g)(3)(B)’’ and inserting 

3 ‘‘1414(h)(3)(B)’’. 

4 SEC. 15. PRESENCE OF PHARMACEUTICALS AND PERSONAL 

5 CARE PRODUCTS IN SOURCES OF DRINKING 

6 WATER. 

7 Subsection (a) of section 1442 (42 U.S.C. 300j–1) 

8 is amended by adding at the end the following: 

9 ‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER10 SONAL CARE PRODUCTS IN SOURCES OF DRINKING

11 WATER.— 

12 ‘‘(A) STUDY.—The Administrator shall carry 

13 out a study on the presence of pharmaceuticals and 

14 personal care products in sources of drinking water, 

15 which shall— 

16 ‘‘(i) identify pharmaceuticals and personal 

17 care products that have been detected in 

18 sources of drinking water and the levels at 

19 which such pharmaceuticals and personal care 

20 products have been detected; 

21 ‘‘(ii) identify the sources of pharma22 ceuticals and personal care products in sources 

23 of drinking water, including point sources and 

24 nonpoint sources of pharmaceutical and per25 sonal care products; 


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1 ‘‘(iii) identify the effects of such products 

2 on humans, the environment, and the safety of 

3 drinking water; and 

4 ‘‘(iv) identify methods to control, limit, 

5 treat, or prevent the presence of such products. 

6 ‘‘(B) CONSULTATION.—The Administrator shall 

7 conduct the study described in subparagraph (A) in 

8 consultation with the Secretary of Health and 

9 Human Services (acting through the Commissioner 

10 of Food and Drugs), the Director of the United 

11 States Geological Survey, the heads of other appro12 priate Federal agencies (including the National In13 stitute of Environmental Health Sciences), and other 

14 interested stakeholders (including manufacturers of 

15 pharmaceuticals and personal care products and 

16 consumer groups and advocates). 

17 ‘‘(C) REPORT.—Not later than 4 years after 

18 the date of the enactment of this paragraph, the Ad19 ministrator shall submit to the Congress a report on 

20 the results of the study carried out under this para21 graph. 

22 ‘‘(D) DEFINITIONS.—In this paragraph: 

23 ‘‘(i) The term ‘personal care product’ has 

24 the meaning given the term ‘cosmetic’ in section 


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1 201 of the Federal Food, Drug, and Cosmetic 

2 Act. 

3 ‘‘(ii) The term ‘pharmaceutical’ has the 

4 meaning given the term ‘drug’ in section 201 of 

5 the Federal Food, Drug, and Cosmetic Act.’’. 

6 SEC. 16. ELECTRONIC REPORTING OF COMPLIANCE MONI7 TORING DATA TO THE ADMINISTRATOR. 

8 (a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g– 

9 3), as amended, is further amended by adding at the end 

10 the following: 

11 ‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE

12 MONITORING DATA TO THE ADMINISTRATOR.—The Ad13 ministrator shall by rule establish requirements for— 

14 ‘‘(1) electronic submission by public water sys15 tems of all compliance monitoring data— 

16 ‘‘(A) to the Administrator; or 

17 ‘‘(B) with respect to public water systems 

18 in a State which has primary enforcement re19 sponsibility under section 1413, to such State; 

20 and 

21 ‘‘(2) electronic submission to the Administrator 

22 by each State which has primary enforcement re23 sponsibility under section 1413 of all compliance 

24 monitoring data submitted to such State by public 

25 water systems pursuant to paragraph (1)(B).’’. 


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1 (b) FINAL RULE.—Not later than 12 months after 

2 the date of the enactment of this Act, the Administrator 

3 of the Environmental Protection Agency shall issue a final 

4 rule to carry out section 1414(k) of the Safe Drinking 

5 Water Act, as added by subsection (a). 

6 SEC. 17. BEST PRACTICES FOR ADMINISTRATION OF STATE 

7 REVOLVING LOAN FUND PROGRAMS. 

8 Section 1452 (42 U.S.C. 300j–12) is amended by in9 serting after subsection (r), as added by section 7(b), the 

10 following: 

11 ‘‘(s) BEST PRACTICES FOR PROGRAM ADMINISTRA12 TION.—The Administrator shall— 

13 ‘‘(1) collect information from States on admin14 istration of State programs with respect to State 

15 loan funds, including— 

16 ‘‘(A) efforts to streamline the process for 

17 applying for assistance through such programs; 

18 ‘‘(B) programs in place to assist with the 

19 completion of application forms; 

20 ‘‘(C) incentives provided to systems that 

21 partner with small public water systems for the 

22 application process; and 

23 ‘‘(D) techniques to ensure that obligated 

24 balances are liquidated in a timely fashion; 


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1 ‘‘(2) not later than 3 years after the date of en2 actment of the Assistance, Quality, and Affordability 

3 Act of 2016, disseminate to the States best practices 

4 for administration of such programs, based on the 

5 information collected pursuant to this subsection; 

6 and 

7 ‘‘(3) periodically update such best practices, as 

8 appropriate.’’. 

9 SEC. 18. WATER LOSS AND LEAK CONTROL TECHNOLOGY. 

10 Part E of the Safe Drinking Water Act (42 U.S.C. 

11 300j et seq.) is amended by adding at the end the fol12 lowing: 

13 ‘‘SEC. 1460. WATER LOSS AND LEAK CONTROL TECH14 NOLOGY. 

15 ‘‘The Administrator shall— 

16 ‘‘(1) not later than 5 years after the date of en17 actment of the Assistance, Quality, and Affordability 

18 Act of 2016, develop criteria for effective water loss 

19 and leak control technology to be used by water sys20 tems; and 

21 ‘‘(2) implement a program through which a 

22 manufacturer of such technology may apply, on a 

23 voluntary basis, for certification of compliance with 

24 such criteria.’’. 


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1 SEC. 19. RISKS OF DROUGHT TO DRINKING WATER. 

2 Part E of the Safe Drinking Water Act (42 U.S.C. 

3 300j et seq.), as amended, is further amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 1460A. DROUGHT RISK ASSESSMENT AND MANAGE6 MENT. 

7 ‘‘(a) STRATEGIC PLAN.— 

8 ‘‘(1) DEVELOPMENT.—Not later than 90 days 

9 after the date of enactment of this section, the Ad10 ministrator shall develop and submit to Congress a 

11 strategic plan for assessing and managing the risks 

12 of drought to drinking water provided by public 

13 water systems. The strategic plan shall include steps 

14 and timelines to— 

15 ‘‘(A) evaluate the risks posed by drought 

16 to drinking water provided by public water sys17 tems; 

18 ‘‘(B) establish a comprehensive list of the 

19 effects of drought on drinking water provided 

20 by public water systems which the Adminis21 trator determines may have an adverse effect 

22 on human health; 

23 ‘‘(C) summarize— 

24 ‘‘(i) the known adverse human health 

25 effects resulting from the effects of 


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1 drought on drinking water included on the 

2 list established under subparagraph (B); 

3 ‘‘(ii) factors that cause drought; and 

4 ‘‘(iii) factors that exacerbate the ef5 fects of drought on drinking water pro6 vided by public water systems; 

7 ‘‘(D) with respect to the effects of drought 

8 on drinking water included on the list estab9 lished under subparagraph (B), determine 

10 whether to— 

11 ‘‘(i) establish guidance regarding fea12 sible analytical methods to quantify such 

13 effects; and 

14 ‘‘(ii) establish guidance regarding the 

15 frequency of monitoring necessary to de16 tect such effects; 

17 ‘‘(E) recommend feasible treatment op18 tions, including procedures, equipment, and 

19 source water protection practices, to mitigate 

20 such effects; and 

21 ‘‘(F) enter into cooperative agreements 

22 with, and provide technical assistance to, af23 fected States and public water systems, as iden24 tified by the Administrator, for the purpose of 


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1 managing risks associated with the effects of 

2 drought on drinking water. 

3 ‘‘(2) UPDATES.—The Administrator shall, as 

4 appropriate, update and submit to Congress the 

5 strategic plan developed under paragraph (1). 

6 ‘‘(b) INFORMATION COORDINATION.—In carrying out 

7 this section the Administrator shall— 

8 ‘‘(1) identify gaps in the Agency’s under9 standing of the effects of drought on drinking water 

10 provided by public water systems, including— 

11 ‘‘(A) the human health effects of drought; 

12 and 

13 ‘‘(B) methods and means of testing and 

14 monitoring for the effects of drought on source 

15 water of, or drinking water provided by, public 

16 water systems; 

17 ‘‘(2) as appropriate, consult with— 

18 ‘‘(A) other Federal agencies that— 

19 ‘‘(i) examine or analyze drought; or 

20 ‘‘(ii) address public health concerns 

21 related to drought; 

22 ‘‘(B) States; 

23 ‘‘(C) operators of public water systems; 

24 ‘‘(D) multinational agencies; 

25 ‘‘(E) foreign governments; 


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1 ‘‘(F) research and academic institutions; 

2 and 

3 ‘‘(G) companies that provide relevant 

4 drinking water treatment options; and 

5 ‘‘(3) assemble and publish information from 

6 each Federal agency that has— 

7 ‘‘(A) examined or analyzed drought; or 

8 ‘‘(B) addressed public health concerns re9 lated to drought. 

10 ‘‘(c) USE OF SCIENCE.—The Administrator shall 

11 carry out this section in accordance with the requirements 

12 described in section 1412(b)(3)(A), as applicable. 

13 ‘‘(d) FEASIBLE.—For purposes of this section, the 

14 term ‘feasible’ has the meaning given such term in section 

15 1412(b)(4)(D).’’. 

16 SEC. 20. DRINKING WATER INFRASTRUCTURE RESILIENCY 

17 AND SUSTAINABILITY PROGRAM. 

18 Part E of the Safe Drinking Water Act (42 U.S.C. 

19 300j et seq.), as amended, is further amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 1460B. DRINKING WATER INFRASTRUCTURE RESIL22 IENCY AND SUSTAINABILITY PROGRAM. 

23 ‘‘(a) PROGRAM.—The Administrator shall establish 

24 and implement a program, to be known as the Drinking 

25 Water Infrastructure Resiliency and Sustainability ProVerDate Sep 11 2014 02:13 Mar 01, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4653.IH H4653

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1 gram, for the purpose of increasing the resiliency or 

2 adaptability of public water systems to changing hydro3 logic conditions. The goals of such program are— 

4 ‘‘(1) to promote more efficient water use in 

5 public water systems; 

6 ‘‘(2) to promote more efficient energy use in 

7 public water systems; and 

8 ‘‘(3) to ensure that public water systems main9 tain a reliable, safe drinking water supply for their 

10 customers. 

11 ‘‘(b) GRANTS.—The Administrator shall establish cri12 teria for providing assistance and awarding grants under 

13 the program established under this section to owners and 

14 operators of public water systems to carry out eligible 

15 projects. 

16 ‘‘(c) ELIGIBLE PROJECTS.—For purposes of this sec17 tion, the term ‘eligible project’ means a project for the 

18 planning, design, construction, implementation, operation, 

19 or maintenance of an improvement to a public water sys20 tem that meets the purpose described in subsection (a) 

21 by— 

22 ‘‘(1) improving or expanding the water supply 

23 of an existing public water system, including en24 hancement of water use efficiency; 


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1 ‘‘(2) modifying or relocating existing public 

2 water system infrastructure projected to be signifi3 cantly impaired by changing hydrologic conditions; 

4 ‘‘(3) preserving or improving water quality; 

5 ‘‘(4) enhancing source water protection; 

6 ‘‘(5) enhancing energy efficiency or the use and 

7 generation of renewable energy in the conveyance or 

8 treatment of drinking water; 

9 ‘‘(6) promoting the adoption and use of water 

10 reuse and recycling by customers served by the pub11 lic water system, including the use of gray water 

12 systems; and 

13 ‘‘(7) implementing measures to increase the re14 silience of public water systems to rapid hydrologic 

15 change or a natural disaster. 

16 ‘‘(d) APPLICATION.—To seek a grant under this sec17 tion the owner or operator of a public water system shall 

18 submit to the Administrator a proposal for an eligible 

19 project that includes, as appropriate— 

20 ‘‘(1) a description of the risk to the source 

21 water or infrastructure of the public water system 

22 resulting from changes to the hydrologic system of 

23 the region in which the public water system is lo24 cated; 


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1 ‘‘(2) a description of how the proposed eligible 

2 project would address the risk due to the changes in 

3 hydrologic conditions and enhance the resiliency of 

4 the public water system; 

5 ‘‘(3) a description of how the proposed project 

6 will enhance efficiency in the use of energy by the 

7 public water system; 

8 ‘‘(4) a description of how the proposed project 

9 will enhance the quality and quantity of the water 

10 supply for the public water system; and 

11 ‘‘(5) a description of how the proposed eligible 

12 project is consistent with or contributes to any appli13 cable State, tribal, or local climate adaptation plan. 

14 ‘‘(e) PRIORITY.— 

15 ‘‘(1) DRINKING WATER SYSTEMS AT GREATEST

16 AND MOST IMMEDIATE RISK.—In awarding grants 

17 under this section, the Administrator shall give pri18 ority to public water systems that are at the greatest 

19 and most immediate risk of facing significant nega20 tive impacts due to changing hydrologic conditions. 

21 ‘‘(2) GOALS.—In selecting among public water 

22 systems described in paragraph (1), the Adminis23 trator shall ensure that, to the extent practicable, 

24 for each year, eligible projects for which grants are 

25 awarded will use innovative approaches to meet one 


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1 or more of the goals of the program described in 

2 subsection (a). 

3 ‘‘(f) COST-SHARING.— 

4 ‘‘(1) FEDERAL SHARE.—The Federal share of 

5 the cost of any eligible project for which a grant is 

6 awarded by the Administrator to an owner or oper7 ator of a public water system under this section 

8 shall not exceed 50 percent of the cost of the eligible 

9 project. 

10 ‘‘(2) CALCULATION OF NON-FEDERAL SHARE.— 

11 In calculating the non-Federal share of the cost of 

12 an eligible project, the Administrator shall— 

13 ‘‘(A) include the value of any in-kind serv14 ices that are integral to the completion of the 

15 eligible project, including reasonable adminis16 trative and overhead costs; and 

17 ‘‘(B) not include any other amount that 

18 the owner or operator of a public water system 

19 receives from the Federal Government. 

20 ‘‘(g) REPORT TO CONGRESS.—Not later than 3 years 

21 after the date of the enactment of this section, and every 

22 3 years thereafter, the Administrator shall submit to Con23 gress a report on progress in implementing this section, 

24 including information on project applications received and 

25 funded annually. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $50,000,000 for each of fiscal years 2017 through 2021.’’. 

4 SEC. 21. REDUCING LEAD IN DRINKING WATER. 

5 Section 1417 (42 U.S.C. 300g–6) is amended by add6 ing at the end the following: 

7 ‘‘(f) REPLACING LEAD SERVICE LINES.— 

8 ‘‘(1) DEFINITIONS.—In this subsection: 

9 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi10 ble entity’ means— 

11 ‘‘(i) an owner or operator of a public 

12 water system; 

13 ‘‘(ii) a qualified nonprofit organiza14 tion, as determined by the Administrator; 

15 or 

16 ‘‘(iii) a municipality or a State, inter17 state, or intermunicipal agency. 

18 ‘‘(B) LEAD PIPE REPLACEMENT PRO19 GRAM.—The term ‘lead pipe replacement pro20 gram’ means a project or activity the primary 

21 purpose of which is to eliminate lead in water 

22 for human consumption by— 

23 ‘‘(i) replacing lead service lines; 

24 ‘‘(ii) testing, planning, or carrying out 

25 other relevant activities, as determined by 


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1 the Administrator, to identify the location 

2 and condition of lead service lines; or 

3 ‘‘(iii) providing assistance to low-in4 come homeowners to replace privately 

5 owned lead service lines. 

6 ‘‘(C) LEAD SERVICE LINE.—The term 

7 ‘lead service line’ means a service line made of 

8 lead within a public water system, including 

9 pipes that connect the water main to the build10 ing inlet, privately owned lead service lines that 

11 deliver water for human consumption from a 

12 public water system to a building inlet, and any 

13 lead pigtail, gooseneck, or other fitting that is 

14 connected to such lead lines. 

15 ‘‘(D) LOW-INCOME HOMEOWNER.—The 

16 term ‘low-income homeowner’ has such meaning 

17 as may be given the term by the Governor of 

18 the applicable State. 

19 ‘‘(2) GRANT PROGRAM.— 

20 ‘‘(A) ESTABLISHMENT.—Not later than 

21 180 days after the date of enactment of this 

22 subsection, the Administrator shall establish a 

23 grant program to provide assistance to eligible 

24 entities for lead pipe replacement programs. 


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1 ‘‘(B) EVALUATION.—In determining 

2 whether to provide assistance to an eligible enti3 ty under this subsection, the Administrator 

4 shall evaluate whether the eligible entity has— 

5 ‘‘(i) a current inventory of lead service 

6 lines in the applicable public water system; 

7 ‘‘(ii) a plan to notify customers of 

8 such public water system of the replace9 ment of any publicly owned portion of a 

10 lead service line; 

11 ‘‘(iii) a plan to replace the privately 

12 owned portion of a lead service line at the 

13 cost of replacement; 

14 ‘‘(iv) a plan for a program of assist15 ance to low-income homeowners to replace 

16 the privately owned portion of lead service 

17 lines; or 

18 ‘‘(v) a plan of recommended measures 

19 to avoid exposure of the public to short20 term increases in lead levels following a 

21 lead service line replacement. 

22 ‘‘(C) PRIORITY APPLICATION.—In pro23 viding assistance under this subsection, the Ad24 ministrator shall give priority to an eligible en25 tity that— 


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1 ‘‘(i) will carry out a lead pipe replace2 ment program at a public water system 

3 that has exceeded the lead action level es4 tablished by the Administrator at any time 

5 during the 3-year period preceding the 

6 date of submission of the application of the 

7 eligible entity; 

8 ‘‘(ii) will address lead levels in water 

9 for human consumption at a school, 

10 daycare, or other facility that primarily 

11 serves children or subpopulations at great12 er risk as identified under section 1458(a); 

13 ‘‘(iii) will include in the lead pipe re14 placement program a program to provide 

15 assistance to low-income homeowners; or 

16 ‘‘(iv) addresses such priority criteria 

17 as the Administrator may establish, con18 sistent with the goal of reducing lead in 

19 water for human consumption. 

20 ‘‘(D) COST SHARING.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (ii), the non-Federal share of the total cost 

23 of a program funded by a grant provided 

24 under this subsection shall be not less than 

25 20 percent. 


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1 ‘‘(ii) WAIVER.—The Administrator 

2 may reduce or eliminate the non-Federal 

3 share required under clause (i) for reasons 

4 of affordability, as the Administrator de5 termines to be appropriate. 

6 ‘‘(E) LOW-INCOME HOMEOWNER ASSIST7 ANCE.— 

8 ‘‘(i) IN GENERAL.—Subject to clauses 

9 (ii) and (iii), an eligible entity may use a 

10 grant provided under this subsection to 

11 provide assistance to low-income home12 owners to replace privately owned lead 

13 service lines. 

14 ‘‘(ii) LOW-INCOME HOMEOWNER AS15 SISTANCE CAP.—Of the funds made avail16 able to carry out this subsection, not more 

17 than $10,000,000 may be allocated to pro18 vide assistance to low-income homeowners 

19 under this subparagraph for any fiscal 

20 year. 

21 ‘‘(iii) LIMITATION.—The amount of 

22 assistance provided to an individual low-in23 come homeowner under this subparagraph 

24 shall not exceed $10,000. 


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1 ‘‘(3) GUIDANCE.—Not later than 180 days 

2 after the date of enactment of this subsection the 

3 Administrator shall, in cooperation with States and 

4 qualified nonprofit organizations, develop guidance 

5 for owners and operators of public water systems to 

6 assist such owners and operators in the preparation 

7 of an inventory of lead service lines in their public 

8 water system. 

9 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $100,000,000 for each of fiscal years 

12 2017 through 2021.’’. 

Æ 


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