II 

116TH CONGRESS 

2D SESSION S. 4362 

To prohibit water and power shutoffs during the COVID–19 emergency period, provide drinking and wastewater assistance to households, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2020 

Mr. MERKLEY (for himself, Ms. WARREN, Ms. HARRIS, Mrs. MURRAY, Mrs. 

GILLIBRAND, Mr. MARKEY, Mr. BLUMENTHAL, Mr. WYDEN, Mr. 

BROWN, Mr. DURBIN, and Mr. MURPHY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit water and power shutoffs during the COVID– 

19 emergency period, provide drinking and wastewater 

assistance to households, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Water and 

5 Energy is a Human Right Act’’. 

6 SEC. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) HOME ENERGY SERVICE.—The term ‘‘home 

2 energy service’’ means a service to provide home en3 ergy, as such term is defined in section 2603 of the 

4 Low-Income Home Energy Assistance Act of 1981 

5 (42 U.S.C. 8622), and electric service, as that term 

6 is used in the Public Utility Regulatory Policies Act 

7 of 1978 (16 U.S.C. 2601 et seq.) to a residential 

8 customer. 

9 (2) PUBLIC WATER SYSTEM.—The term ‘‘public 

10 water system’’ has the meaning given that term in 

11 section 1401 of the Safe Drinking Water Act (42 

12 U.S.C. 300f). 

13 (b) CONTINUITY.—Any entity receiving financial as14 sistance pursuant to this Act shall establish or maintain 

15 in effect policies to ensure that no home energy service 

16 or service of a public water system or treatment works 

17 to a residential customer, which is provided or regulated 

18 by such entity, is or remains disconnected or interrupted 

19 during the public health emergency period, as defined in 

20 section 3(m) because of nonpayment, and all reconnections 

21 of service of a water system or treatment works are con22 ducted in a manner that minimizes risk to the health of 

23 individuals receiving such service. 

24 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

25 shall be construed— 


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1 (1) to require forgiveness of outstanding debt 

2 owed to an entity or to absolve an individual of any 

3 obligation to an entity for service described in sub4 section (b); or 

5 (2) to preempt any State or local law (including 

6 a regulation) governing entities that provide such 

7 service to residential customers. 

8 SEC. 3. LOW-INCOME HOUSEHOLD DRINKING WATER AND 

9 WASTEWATER SERVICES ASSISTANCE. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $1,500,000,000 to the Sec12 retary to carry out this section. Such sum shall remain 

13 available until expended. 

14 (b) LOW-INCOME HOUSEHOLD DRINKING WATER

15 AND WASTEWATER SERVICES ASSISTANCE.—The Sec16 retary shall make grants from allotments described in sub17 section (d) to States and Indian Tribes to assist low-in18 come households, particularly those with the lowest in19 comes, that pay a high proportion of household income 

20 for household drinking water and wastewater services, by 

21 providing payments to owners or operators of public water 

22 systems or treatment works to reduce rates charged to 

23 low-income households for such services. 

24 (c) NONDUPLICATION OF EFFORT.—In carrying out 

25 a program under this section, the Secretary, States, and 


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1 Indian Tribes, as applicable, shall, as appropriate and to 

2 the extent practicable, use existing (as of the date of im3 plementation) processes, procedures, policies, and systems 

4 in place to provide assistance to low-income households, 

5 including by using existing application and approval proc6 esses. 

7 (d) ALLOTMENT.— 

8 (1) FACTORS.—The Secretary shall allot 

9 amounts appropriated to carry out this section and 

10 not reserved under paragraph (2) to a State or In11 dian Tribe taking into account— 

12 (A) the percentage of households in the 

13 State, or under the jurisdiction of the Indian 

14 Tribe, with household income equal to or less 

15 than 150 percent of the poverty line; 

16 (B) the percentage of households described 

17 in subparagraph (A) in the State, or under the 

18 jurisdiction of the Indian Tribe, that spend 

19 more than 30 percent of monthly household in20 come on housing; and 

21 (C) the extent to which the State or Indian 

22 Tribe has been affected by the public health 

23 emergency, including the rate of transmission of 

24 COVID–19 in the State or area under the juris25 diction of the Indian Tribe, the number of 


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1 COVID–19 cases in the State or area compared 

2 to the national average, and economic disrup3 tions in the State or area resulting from the 

4 public health emergency. 

5 (2) RESERVED FUNDS.—The Secretary shall re6 serve a portion of not more than 10 percent of the 

7 amounts appropriated to carry out this section and 

8 use the portion to allot funds to a State or Indian 

9 Tribe based on the economic disruptions to the State 

10 or Indian Tribe resulting from— 

11 (A) the emergency involving Federal pri12 mary responsibility declared by the President 

13 under section 501(b) of the Robert T. Stafford 

14 Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5191(b)) with respect to the 

16 Coronavirus Disease 2019 (COVID–19), during 

17 the period covered by such emergency declara18 tion; and 

19 (B) any subsequent major disaster de20 clared by the President under section 401 of 

21 such Act (42 U.S.C. 5170) during the period 

22 covered by such major disaster declaration, if 

23 that declaration supersedes such declaration. 

24 (e) DETERMINATION OF LOW-INCOME HOUSE25 HOLDS.— 


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1 (1) MINIMUM DEFINITION OF LOW-INCOME.—In 

2 determining whether a household in a State or under 

3 the jurisdiction of an Indian Tribe is considered low4 income for the purposes of this section, the State or 

5 Indian Tribe— 

6 (A) shall ensure that, at a minimum, all 

7 households with a household income equal to or 

8 less than 150 percent of the poverty line are in9 cluded as low-income households; 

10 (B) shall ensure that, at a minimum, all 

11 households with a household income equal to or 

12 less than 60 percent of the median household 

13 income in the State involved (or the State in 

14 which the Indian tribe is primarily located) are 

15 included as low-income households; 

16 (C) may include households that have been 

17 adversely economically affected by job loss or 

18 severe income loss related to the public health 

19 emergency; and 

20 (D) may include other households, includ21 ing households in which 1 or more individuals 

22 are receiving— 

23 (i) assistance under the program of 

24 block grants to States for temporary as25 sistance for needy families established 


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1 under part A of title IV of the Social Secu2 rity Act (42 U.S.C. 601 et seq.); 

3 (ii) payments under the supplemental 

4 security income program established under 

5 title XVI of the Social Security Act (42 

6 U.S.C. 1381 et seq.); 

7 (iii) benefits under the supplemental 

8 nutrition assistance program under the 

9 Food and Nutrition Act of 2008 (7 U.S.C. 

10 2011 et seq.); or 

11 (iv) payments under section 1315, 

12 1521, 1541, or 1542 of title 38, United 

13 States Code, or under section 306 of the 

14 Veterans’ and Survivors’ Pension Improve15 ment Act of 1978 (38 U.S.C. 1521 note). 

16 (2) HOUSEHOLD DOCUMENTATION REQUIRE17 MENTS.—For determining whether a household is 

18 considered low-income for the purposes of this sec19 tion, States and Indian Tribes shall— 

20 (A) to the maximum extent practicable, 

21 seek to limit the income history documentation 

22 requirements; and 

23 (B) accept proof of job loss or severe in24 come loss dated after February 29, 2020, such 

25 as a layoff or furlough notice or verification of 


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1 application for unemployment benefits, as suffi2 cient to demonstrate lack of income for an indi3 vidual in the household or for the household. 

4 (f) APPLICATIONS.—Each State or Indian Tribe de5 siring to receive a grant under this section shall submit 

6 an application to the Secretary, in such form as the Sec7 retary shall require. 

8 (g) STATE AGREEMENTS.—To the maximum extent 

9 practicable, a State that receives a grant under this sec10 tion shall enter into agreements with public water systems, 

11 treatment works, municipalities, nonprofit organizations 

12 associated with providing household drinking water and 

13 wastewater services to rural and small communities, and 

14 Indian Tribes, to assist in identifying low-income house15 holds and to carry out this section. 

16 (h) UTILITY RESPONSIBILITIES.—An owner or oper17 ator of a public water system or treatment works receiving 

18 a payment from a State or Indian Tribe pursuant to this 

19 section for the purposes of reducing rates charged to low20 income households for service shall— 

21 (1) conduct outreach activities designed to en22 sure that such households are made aware of the 

23 rate reduction assistance available pursuant to this 

24 section; 


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1 (2) charge such households, in the normal bill2 ing process, not more than the difference between 

3 the actual cost of the service provided and the 

4 amount of the household’s share of the payment 

5 made by the State or Indian Tribe pursuant to this 

6 section; and 

7 (3) within 45 days after providing assistance to 

8 a household pursuant to this section, notify in writ9 ing such household of the amount of such assistance. 

10 (i) ADMINISTRATIVE COSTS.—A State or Indian 

11 Tribe that receives a grant under this section may use up 

12 to 8 percent of the grant amounts for administrative costs 

13 of carrying out this section. 

14 (j) FEDERAL AGENCY COORDINATION.—In carrying 

15 out this section, the Secretary shall coordinate with the 

16 Administrator of the Environmental Protection Agency 

17 and consult with other Federal agencies with authority 

18 over the provision of household drinking water and waste19 water services. 

20 (k) AUDITS.—The Secretary shall require each State 

21 and Indian Tribe receiving a grant under this section to 

22 undertake periodic audits and evaluations of expenditures 

23 made by such State or Indian Tribe pursuant to this sec24 tion. 


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1 (l) REPORTS TO CONGRESS.—The Secretary shall 

2 prepare reports on the results of activities carried out pur3 suant to this section and submit the reports to Congress— 

4 (1) not later than 1 year after the date of en5 actment of this section; and 

6 (2) upon disbursement of all funds appropriated 

7 to carry out this section. 

8 (m) DEFINITIONS.—In this section: 

9 (1) HOUSEHOLD DRINKING WATER AND WASTE10 WATER SERVICES.—The term ‘‘household drinking 

11 water and wastewater services’’ has the meaning 

12 given that term in section 1459A(a)(2) of the Safe 

13 Drinking Water Act (42 U.S.C. 300j–19a(a)(2)). 

14 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

15 means any Indian Tribe, band, group, or community 

16 recognized by the Secretary of the Interior and exer17 cising governmental authority over a Federal Indian 

18 reservation, as defined in section 518(h) of the Fed19 eral Water Pollution Control Act (33 U.S.C. 1377). 

20 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

21 has the meaning given that term in section 502 of 

22 the Federal Water Pollution Control Act (33 U.S.C. 

23 1362). 

24 (4) POVERTY LINE.—The term ‘‘poverty line’’ 

25 has the meaning given that term in section 673 of 


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1 the Community Services Block Grant Act (42 U.S.C. 

2 9902). 

3 (5) PUBLIC HEALTH EMERGENCY.—The term 

4 ‘‘public health emergency’’ means the public health 

5 emergency described in section 1135(g)(1)(B) of the 

6 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)). 

7 (6) PUBLIC HEALTH EMERGENCY PERIOD.— 

8 The term ‘‘public health emergency period’’ has the 

9 meaning given that term in section 1135(g)(1)(B). 

10 (7) PUBLIC WATER SYSTEM.—The term ‘‘public 

11 water system’’ has the meaning given that term in 

12 section 1401 of the Safe Drinking Water Act (42 

13 U.S.C. 300f). 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Health and Human Services. 

16 (9) STATE.—The term ‘‘State’’ means any of 

17 the 50 States, the District of Columbia, the Com18 monwealth of Puerto Rico, the Virgin Islands of the 

19 United States, Guam, American Samoa, and the 

20 Commonwealth of the Northern Mariana Islands. 

21 (10) TREATMENT WORKS.—The term ‘‘treat22 ment works’’ has the meaning given that term in 

23 section 212 of the Federal Water Pollution Control 

24 Act (33 U.S.C. 1292). 

Æ 


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