I 

115TH CONGRESS 

1ST SESSION H. R. 1068 

To enable needed drinking water standards, reduce lead in drinking water, 

plan for and address threats from climate change, terrorism, and source 

water contamination, invest in drinking water infrastructure, increase 

compliance with drinking water standards, foster greater community right 

to know about drinking water quality, and promote technological solutions for drinking water challenges. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2017 

Mr. PALLONE (for himself, Mr. TONKO, Mr. CA ́RDENAS, Mr. BRENDAN F. 

BOYLE of Pennsylvania, Mr. BLUMENAUER, Ms. DELAURO, Mrs. DINGELL, Ms. MATSUI, Ms. DEGETTE, and Mr. MCNERNEY) introduced the 

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

A BILL 

To enable needed drinking water standards, reduce lead in 

drinking water, plan for and address threats from climate change, terrorism, and source water contamination, 

invest in drinking water infrastructure, increase compliance with drinking water standards, foster greater community right to know about drinking water quality, and 

promote technological solutions for drinking water challenges. 

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; FINDINGS. 

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

3 ‘‘Safe Drinking Water Act Amendments of 2017’’. 

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

5 this Act is as follows: 

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

TITLE I—REGULATING DANGEROUS DRINKING WATER 

CONTAMINANTS 

Sec. 101. Enabling EPA to set standards for new drinking water contaminants. 

Sec. 102. Deadlines for regulations on known dangerous contaminants. 

TITLE II—REDUCING LEAD IN DRINKING WATER 

Sec. 201. Reducing lead in drinking water. 

Sec. 202. Drinking water fountain replacement for schools. 

Sec. 203. Aligning definitions of lead free. 

Sec. 204. Guidance for schools regarding lead in drinking water. 

Sec. 205. School lead pipe replacement program. 

Sec. 206. School remedial action program. 

TITLE III—CLIMATE RESILIENCY, SECURITY, AND SOURCE 

WATER PROTECTION 

Sec. 301. Climate resiliency, security, and source water protection planning. 

Sec. 302. Regulation of hydraulic fracturing. 

Sec. 303. Risks of drought to drinking water. 

TITLE IV—AQUA ACT 

Sec. 401. Short title. 

Sec. 402. Prevailing wages. 

Sec. 403. Use of funds. 

Sec. 404. Requirements for use of American materials. 

Sec. 405. Data on variances, exemptions, and persistent violations. 

Sec. 406. Assistance for restructuring. 

Sec. 407. Priority and weight of applications. 

Sec. 408. Disadvantaged communities. 

Sec. 409. Administration of State loan funds. 

Sec. 410. State revolving loan funds for American Samoa, Northern Mariana 

Islands, Guam, and the Virgin Islands. 

Sec. 411. Authorization of appropriations. 

Sec. 412. Affordability of new standards. 

Sec. 413. Focus on lifecycle costs. 

Sec. 414. Best practices for administration of State revolving loan fund programs. 

TITLE V—INCREASING COMPLIANCE AND COMMUNITY RIGHT TO 

KNOW 

Sec. 501. Streamlining reporting and enforcement. 


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Sec. 502. Consolidation. 

Sec. 503. Water violations inventory. 

Sec. 504. Improved consumer confidence reports. 

TITLE VI—STUDIES AND TECHNOLOGY 

Sec. 601. Real-time monitoring technology research grants. 

Sec. 602. Presence of pharmaceuticals and personal care products in sources of 

drinking water. 

Sec. 603. Water loss and leak control technology. 

1 (c) FINDINGS.—The Congress finds the following: 

2 (1) The Safe Drinking Water Act has not been 

3 substantially amended in more than 20 years, during 

4 which time the challenges facing drinking water sys5 tems and customers have increased dramatically. 

6 (2) Climate change, aging infrastructure, lead 

7 contamination, and emerging contaminants threaten 

8 the public health and economic viability of cities and 

9 towns nationwide. 

10 (3) The drinking water standard-setting provi11 sions put in place in 1996 have proven unworkable, 

12 preventing the Federal Government from regulating 

13 dangerous contaminants, including perchlorate, 

14 strontium, and volatile organic compounds. 

15 (4) Compliance and enforcement with existing 

16 drinking water standards has fallen far short of 

17 what is needed and expected. 

18 (5) Increased drinking water investment is 

19 needed to address a crisis in failing infrastructure. 


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1 TITLE I—REGULATING DAN2 GEROUS DRINKING WATER 

3 CONTAMINANTS 

4 SEC. 101. ENABLING EPA TO SET STANDARDS FOR NEW 

5 DRINKING WATER CONTAMINANTS. 

6 (a) IN GENERAL.—Section 1412(b) of the Safe 

7 Drinking Water Act (42 U.S.C. 300g–1(b)) is amended— 

8 (1) by amending paragraph (1)(A) to read as 

9 follows: 

10 ‘‘(A) GENERAL AUTHORITY.—The Admin11 istrator shall publish maximum contaminant 

12 level goals and promulgate national primary 

13 drinking water regulations for each contami14 nant (other than a contaminant for which a na15 tional primary drinking water regulation has 

16 been promulgated as of the date of enactment 

17 of the Safe Drinking Water Act Amendments of 

18 2017) which, in the judgment of the Adminis19 trator, may have any adverse effect on the 

20 health of persons and which is known or antici21 pated to occur in public water systems.’’; 

22 (2) in paragraph (1)(B)(ii)(I)— 

23 (A) by striking ‘‘every 5 years’’ and insert24 ing ‘‘every 3 years’’; and 


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1 (B) by striking ‘‘5 contaminants’’ and in2 serting ‘‘10 contaminants’’; 

3 (3) in paragraph (1)(B)(ii)(II)— 

4 (A) by striking ‘‘on findings that the cri5 teria of clauses (i), (ii), and (iii)’’ and inserting 

6 ‘‘on a finding that the criteria’’; and 

7 (B) by striking ‘‘Such findings’’ and in8 serting ‘‘Such finding’’; 

9 (4) in paragraph (1)(D)— 

10 (A) by striking ‘‘paragraph (4)(C), or com11 pleting the analysis under paragraph (3)(C),’’ 

12 and inserting ‘‘subparagraph (B)(ii)’’; and 

13 (B) by striking ‘‘A determination for any 

14 contaminant in accordance with paragraph 

15 (4)(C) subject to an interim regulation under 

16 this subparagraph shall be issued, and a com17 pleted analysis meeting the requirements of 

18 paragraph (3)(C) shall be published, not later 

19 than 3 years after the date on which the regula20 tion is promulgated and the regulation shall be 

21 repromulgated, or revised if appropriate, not 

22 later than 5 years after that date.’’; 

23 (5) by amending paragraph (3) to read as fol24 lows: 


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1 ‘‘(3) AUTHORIZATION.—There are authorized to 

2 be appropriated to the Administrator, acting 

3 through the Office of Ground Water and Drinking 

4 Water, to conduct studies, assessments, and analyses 

5 in support of regulations or the development of 

6 methods, $35,000,000 for each of fiscal years 2018 

7 through 2022.’’; 

8 (6) in paragraph (4), by striking subparagraph 

9 (C); 

10 (7) by amending paragraph (6) to read as fol11 lows: 

12 ‘‘(6) EXCEPTION FOR STANDARDS WITH NO

13 FEASIBLE TECHNOLOGIES.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding para15 graph (4), if the Administrator determines that 

16 there is no feasible technology to meet a max17 imum contaminant level, the Administrator 

18 may, after notice and opportunity for public 

19 comment, promulgate a maximum contaminant 

20 level for the contaminant that maximizes health 

21 risk reduction benefits and can be met with fea22 sible technology. 

23 ‘‘(B) JUDICIAL REVIEW.—A determination 

24 by the Administrator that no feasible tech25 nology is available to meet a maximum contamiVerDate Sep 11 2014 02:44 Feb 23, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1068.IH H1068

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1 nant level shall be considered an action per2 taining to the establishment of a national pri3 mary drinking water regulation and subject to 

4 judicial review.’’; 

5 (8) in paragraph (12)(B)(ii), by inserting ‘‘(as 

6 in effect on the day before the date of enactment of 

7 the Safe Drinking Water Act Amendments of 

8 2017)’’ after ‘‘paragraph (3)(B)’’; 

9 (9) in paragraph (13)(B)(i), by inserting ‘‘(as 

10 in effect on the day before the date of enactment of 

11 the Safe Drinking Water Act Amendments of 

12 2017)’’ after ‘‘paragraph (3)’’; and 

13 (10) in paragraph (13)(C), by inserting ‘‘(as in 

14 effect on the day before the date of enactment of the 

15 Safe Drinking Water Act Amendments of 2017)’’ 

16 after ‘‘paragraph (3)(C)’’. 

17 (b) ADDITIONAL CONFORMING AMENDMENTS.— 

18 (1) Section 1459 of the Safe Drinking Water 

19 Act (42 U.S.C. 300j–19) is amended— 

20 (A) by striking subsection (c); and 

21 (B) by redesignating subsection (d) as sub22 section (c). 

23 (2) Section 1414(c)(5)(B)(i) of the Safe Drink24 ing Water Act (42 U.S.C. 300g–3(c)(5)(B)(i)) is 


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1 amended by striking ‘‘that meets the requirements 

2 of section 1412(b)(3)(A)(ii)’’. 

3 SEC. 102. DEADLINES FOR REGULATIONS ON KNOWN DAN4 GEROUS CONTAMINANTS. 

5 Section 1412(b)(2) of the Safe Drinking Water Act 

6 (42 U.S.C. 300g–1(b)(2)) is amended by adding at the 

7 end the following: 

8 ‘‘(D) LEAD AND COPPER RULE.— 

9 ‘‘(i) IN GENERAL.—Notwithstanding 

10 any other deadline established in this sub11 section, not later than 9 months after the 

12 date of enactment of the Safe Drinking 

13 Water Act Amendments of 2017, the Ad14 ministrator shall issue revised national pri15 mary drinking water regulations for lead 

16 and copper in accordance with this sub17 paragraph. 

18 ‘‘(ii) REQUIREMENTS.—The revised 

19 regulations issued under clause (i) shall 

20 ensure that— 

21 ‘‘(I) corrosion controls are re22 evaluated anytime source water or 

23 treatment is changed; 

24 ‘‘(II) test results are valid, by 

25 prohibiting techniques that artificially 


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1 lower lead levels, including flushing 

2 before samples are taken; 

3 ‘‘(III) monitoring includes school 

4 sites for all public water systems serv5 ing schools (as defined in section 

6 1461); 

7 ‘‘(IV) notification of lead prob8 lems is clear and effective; and 

9 ‘‘(V) lead service lines are fully 

10 replaced on a set timetable and when11 ever contamination is detected. 

12 ‘‘(iii) SCOPE OF LEAD LINE REPLACE13 MENT REQUIREMENTS.—Requirements to 

14 replace lead service lines under the revised 

15 regulations issued under clause (i) shall ex16 tend to all service lines controlled by public 

17 water systems, regardless of ownership. 

18 ‘‘(E) PERCHLORATE.—Notwithstanding 

19 any other deadline established in this sub20 section, not later than 12 months after the date 

21 of enactment of the Safe Drinking Water Act 

22 Amendments of 2017, the Administrator shall 

23 publish a maximum contaminant level goal and 

24 promulgate a national primary drinking water 

25 regulation for perchlorate. 


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1 ‘‘(F) PERFLUORINATED COMPOUNDS.— 

2 Notwithstanding any other deadline established 

3 in this subsection, not later than 2 years after 

4 the date of enactment of the Safe Drinking 

5 Water Act Amendments of 2017, the Adminis6 trator shall publish a maximum contaminant 

7 level goal and promulgate a national primary 

8 drinking water regulation for perfluorinated 

9 compounds. 

10 ‘‘(G) MICROCYSTIN TOXIN.—Notwith11 standing any other deadline established in this 

12 subsection, not later than 2 years after the date 

13 of enactment of the Safe Drinking Water Act 

14 Amendments of 2017, the Administrator shall 

15 publish a maximum contaminant level goal and 

16 promulgate a national primary drinking water 

17 regulation for microcystin toxin.’’. 

18 TITLE II—REDUCING LEAD IN 

19 DRINKING WATER 

20 SEC. 201. REDUCING LEAD IN DRINKING WATER. 

21 (a) AUTHORIZATION.—Section 1459B(d) of the Safe 

22 Drinking Water Act (42 U.S.C. 300j–19b(d)) is amended 

23 by striking ‘‘$60,000,000 for each of fiscal years 2017 

24 through 2021’’ and inserting ‘‘$100,000,000 for each of 

25 fiscal years 2018 through 2022’’. 


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1 (b) DEFINITION OF LEAD SERVICE LINE.— 

2 (1) IN GENERAL.—Section 1401 of the Safe 

3 Drinking Water Act (42 U.S.C. 300f) is amended by 

4 adding at the end the following: 

5 ‘‘(17) LEAD SERVICE LINE.—The term ‘lead 

6 service line’ means a pipe and its fittings, which are 

7 not lead free (as defined in section 1417(d)), that 

8 connect the drinking water main to the building 

9 inlet.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 1459B(a) of the Safe Drinking Water Act (42 

12 U.S.C. 300j–19b(a)) is amended by striking para13 graph (4). 

14 SEC. 202. DRINKING WATER FOUNTAIN REPLACEMENT FOR 

15 SCHOOLS. 

16 (a) IN GENERAL.—Part F of the Safe Drinking 

17 Water Act (42 U.S.C. 300j–21 et seq.) is amended by add18 ing at the end the following: 

19 ‘‘SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT 

20 FOR SCHOOLS. 

21 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

22 after the date of enactment of this section, the Adminis23 trator shall establish a grant program to provide assist24 ance to local educational agencies for the replacement of 

25 drinking water fountains manufactured prior to 1988. 


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

2 grant program— 

3 ‘‘(1) shall be used to pay the costs of replace4 ment of drinking water fountains in schools; and 

5 ‘‘(2) may be used to pay the costs of monitoring 

6 and reporting of lead levels in the drinking water of 

7 schools of a local educational agency receiving such 

8 funds, as determined appropriate by the Adminis9 trator. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 not more than $5,000,000 for each of fiscal years 2018 

13 through 2022.’’. 

14 (b) DEFINITIONS.—Section 1461(5) of the Safe 

15 Drinking Water Act (42 U.S.C. 300j–21(5)) is amended 

16 by inserting ‘‘or drinking water fountain’’ after ‘‘water 

17 cooler’’ each place it appears. 

18 SEC. 203. ALIGNING DEFINITIONS OF LEAD FREE. 

19 Paragraph (2) of section 1461 of the Safe Drinking 

20 Water Act (42 U.S.C. 300j–21(2)) is amended to read as 

21 follows: 

22 ‘‘(2) LEAD FREE.—The term ‘lead free’ has the 

23 meaning given such term in section 1417.’’. 


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1 SEC. 204. GUIDANCE FOR SCHOOLS REGARDING LEAD IN 

2 DRINKING WATER. 

3 (a) GUIDANCE.—Part F of the Safe Drinking Water 

4 Act (42 U.S.C. 300j–21 et seq.), as amended, is further 

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 1466. GUIDANCE FOR SCHOOLS REGARDING LEAD IN 

7 DRINKING WATER. 

8 ‘‘(a) GUIDANCE ON LEAD MONITORING.—Not later 

9 than 180 days after the date of enactment of this section, 

10 the Administrator shall publish revised guidance for school 

11 officials seeking to reduce exposure to lead from drinking 

12 water in schools. 

13 ‘‘(b) REQUIREMENTS.—The Administrator shall in14 clude in the guidance published under subsection (a)— 

15 ‘‘(1) testing protocols for schools to accurately 

16 detect lead contamination in school drinking water 

17 and its sources; 

18 ‘‘(2) recommended actions to reduce or elimi19 nate such contamination, including lead service line 

20 replacement where needed; 

21 ‘‘(3) recommendations for maintaining or re22 placing drinking water infrastructure, including 

23 pipes, pipe fittings, fixtures, solder, drinking water 

24 coolers, and drinking water fountains, when plan25 ning for or undergoing renovations of school prop26 erty; and 


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1 ‘‘(4) recommendations and forms for commu2 nicating lead testing results, potential health risks, 

3 and response actions to students, staff, parents, and 

4 communities.’’. 

5 (b) CONFORMING AMENDMENT.—Section 

6 1464(d)(5)(A)(i) of the Safe Drinking Water Act (42 

7 U.S.C. 300j–24(d)(5)(A)(i)) is amended by inserting 

8 ‘‘published under section 1466’’ after ‘‘successor guid9 ance’’. 

10 SEC. 205. SCHOOL LEAD PIPE REPLACEMENT PROGRAM. 

11 Part F of the Safe Drinking Water Act (42 U.S.C. 

12 300j–21 et seq.), as amended, is further amended by add13 ing at the end the following new section: 

14 ‘‘SEC. 1467. SCHOOL LEAD PIPE REPLACEMENT PROGRAM. 

15 ‘‘(a) ELIGIBLE ENTITY.—In this section, the term 

16 ‘eligible entity’ means— 

17 ‘‘(1) a local educational agency; or 

18 ‘‘(2) a public water system. 

19 ‘‘(b) GRANT PROGRAM.— 

20 ‘‘(1) ESTABLISHMENT.—Not later than 180 

21 days after the date of enactment of this section, the 

22 Administrator shall establish a grant program to as23 sist eligible entities in carrying out programs to re24 place lead service lines for schools and solder that is 


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1 not lead free used in the plumbing for schools. Such 

2 a program— 

3 ‘‘(A) shall include replacing lead service 

4 lines and solder that is not lead free; and 

5 ‘‘(B) may include testing, planning, or car6 rying out other relevant activities, as deter7 mined by the Administrator, to identify the lo8 cation and condition of lead service lines and 

9 solder that is not lead free. 

10 ‘‘(2) PRIORITY APPLICATION.—In providing as11 sistance under this section, the Administrator shall 

12 give priority to proposed programs for schools for 

13 which, at any time during the 3-year period pre14 ceding the date of submission of an application of 

15 the eligible entity, monitoring data has indicated ele16 vated lead levels in the school drinking water. 

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $50,000,000 for each of fiscal years 2018 through 2022.’’. 

20 SEC. 206. SCHOOL REMEDIAL ACTION PROGRAM. 

21 Section 1464(d)(7) of the Safe Drinking Water Act 

22 (42 U.S.C. 300j–24(d)) is amended— 

23 (1) by striking ‘‘$20,000,000’’ and inserting 

24 ‘‘$100,000,000’’; and 


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1 (2) by striking ‘‘2017 through 2021’’ and in2 serting ‘‘2018 through 2022’’. 

3 TITLE III—CLIMATE RESIL4 IENCY, SECURITY, AND 

5 SOURCE WATER PROTECTION 

6 SEC. 301. CLIMATE RESILIENCY, SECURITY, AND SOURCE 

7 WATER PROTECTION PLANNING. 

8 Section 1433 of the Safe Drinking Water Act (42 

9 U.S.C. 300i–2) is amended to read as follows: 

10 ‘‘SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE 

11 WATER PROTECTION. 

12 ‘‘(a) SOURCE WATER AND DISTRIBUTION SYSTEM

13 VULNERABILITY ASSESSMENTS.— 

14 ‘‘(1) IN GENERAL.—Not later than 24 months 

15 after the date of enactment of the Safe Drinking 

16 Water Act Amendments of 2017, each community 

17 water system shall submit to the Administrator 

18 source water and distribution system vulnerability 

19 assessments. 

20 ‘‘(2) IDENTIFICATION OF THREATS.—Assess21 ments submitted pursuant to paragraph (1) shall 

22 identify— 

23 ‘‘(A) threats to the community water sys24 tem’s source water from industrial activity, 

25 pipelines and storage tanks, contaminated sites, 


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1 agricultural activity, and oil and gas explo2 ration; 

3 ‘‘(B) threats to the community water sys4 tem’s source water and distribution system 

5 from climate change, extreme weather, drought, 

6 and temperature changes; and 

7 ‘‘(C) threats to the community water sys8 tem’s source water and distribution system 

9 from intentional acts, including intentional con10 tamination, sabotage, and theft of any chemical 

11 of interest (as designated under Appendix A to 

12 part 27 of title 6, Code of Federal Regulations, 

13 or any successor thereto). 

14 ‘‘(3) ASSESSMENT OF ALTERNATIVES.—Assess15 ments submitted pursuant to paragraph (1) shall in16 clude a comparison of the disinfection methods used 

17 by the community water system and reasonably 

18 available alternative disinfection methods, including 

19 a determination of whether reasonably available al20 ternative disinfection methods could reduce the com21 munity water system’s vulnerability to the threats 

22 identified pursuant to paragraph (2). 

23 ‘‘(4) PERIODIC REVIEW AND RESUBMISSION.— 

24 Each community water system submitting a vulner25 ability assessment pursuant to paragraph (1) shall 


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1 review, revise as necessary, and resubmit such as2 sessment not less often than every 5 years. 

3 ‘‘(5) GUIDANCE.—Not later than one year after 

4 the date of enactment of the Safe Drinking Water 

5 Act Amendments of 2017, the Administrator shall 

6 provide guidance to community water systems for 

7 the preparation of vulnerability assessments under 

8 this subsection. 

9 ‘‘(b) SOURCE WATER AND DISTRIBUTION SYSTEM

10 PROTECTION PLANS.— 

11 ‘‘(1) IN GENERAL.—Not later than 4 years 

12 after the date of enactment of the Safe Drinking 

13 Water Act Amendments of 2017, each community 

14 water system shall submit to the Administrator 

15 source water and distribution system protection 

16 plans. 

17 ‘‘(2) MITIGATION OF IDENTIFIED THREATS.— 

18 Plans submitted pursuant to paragraph (1) shall 

19 identify strategies and resources to mitigate the 

20 threats identified in assessments prepared pursuant 

21 to subsection (a). 

22 ‘‘(3) EMERGENCY RESPONSE PLANNING.— 

23 Plans submitted pursuant to paragraph (1) shall in24 clude specific emergency response plans for the 


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1 threats identified in assessments prepared pursuant 

2 to subsection (a). 

3 ‘‘(4) PERIODIC REVIEW AND RESUBMISSION.— 

4 Each community water system submitting a plan 

5 pursuant to paragraph (1) shall review, revise as 

6 necessary, and resubmit such plan not less often 

7 than every 5 years. 

8 ‘‘(5) GUIDANCE.—Not later than one year after 

9 the date of enactment of the Safe Drinking Water 

10 Act Amendments of 2017, the Administrator shall 

11 provide guidance to community water systems for 

12 the preparation of plans under this subsection. 

13 ‘‘(c) TECHNICAL ASSISTANCE AND GRANTS.— 

14 ‘‘(1) IN GENERAL.—The Administrator shall es15 tablish and implement a program, to be known as 

16 the Drinking Water Infrastructure Resiliency and 

17 Sustainability Program, under which the Adminis18 trator may award grants in each of fiscal years 2018 

19 through 2022 to owners or operators of community 

20 water systems for the purpose of increasing the re21 siliency or adaptability of the community water sys22 tems to threats identified pursuant to subsection (a). 

23 ‘‘(2) USE OF FUNDS.—As a condition on receipt 

24 of a grant under this section, an owner or operator 

25 of a community water system shall agree to use the 


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1 grant funds exclusively to assist in the planning, de2 sign, construction, implementation, operation, or 

3 maintenance of a program or project consistent with 

4 a plan developed pursuant to subsection (b). 

5 ‘‘(3) PRIORITY.— 

6 ‘‘(A) WATER SYSTEMS AT GREATEST AND

7 MOST IMMEDIATE RISK.—In selecting grantees 

8 under this subsection, the Administrator shall 

9 give priority to applicants that are owners or 

10 operators of community water systems that are, 

11 based on the best available research and data, 

12 at the greatest and most immediate risk of fac13 ing significant negative impacts due to threats 

14 described in subsection (a)(2). 

15 ‘‘(B) GOALS.—In selecting among appli16 cants described in subparagraph (A), the Ad17 ministrator shall ensure that, to the maximum 

18 extent practicable, the final list of applications 

19 funded for each year includes a substantial 

20 number that propose to use innovative ap21 proaches to meet one or more of the following 

22 goals: 

23 ‘‘(i) Promoting more efficient water 

24 use, water conservation, water reuse, or 

25 water recycling. 


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1 ‘‘(ii) Using decentralized, low-impact 

2 development technologies and non3 structural approaches, including practices 

4 that use, enhance, or mimic the natural 

5 hydrological cycle or protect natural flows. 

6 ‘‘(iii) Reducing stormwater runoff or 

7 flooding by protecting or enhancing nat8 ural ecosystem functions. 

9 ‘‘(iv) Modifying, upgrading, enhanc10 ing, or replacing existing community water 

11 system infrastructure in response to 

12 changing hydrologic conditions. 

13 ‘‘(v) Improving water quality or quan14 tity for agricultural and municipal uses, in15 cluding through salinity reduction. 

16 ‘‘(vi) Providing multiple benefits, in17 cluding to water supply enhancement or 

18 demand reduction, water quality protection 

19 or improvement, increased flood protection, 

20 and ecosystem protection or improvement. 

21 ‘‘(4) COST-SHARING.— 

22 ‘‘(A) FEDERAL SHARE.—The share of the 

23 cost of any activity that is the subject of a 

24 grant awarded by the Administrator to the 

25 owner or operator of a community water system 


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1 under this subsection shall not exceed 50 per2 cent of the cost of the activity. 

3 ‘‘(B) CALCULATION OF NON-FEDERAL

4 SHARE.—In calculating the non-Federal share 

5 of the cost of an activity proposed by a commu6 nity water system in an application submitted 

7 under this subsection, the Administrator shall— 

8 ‘‘(i) include the value of any in-kind 

9 services that are integral to the completion 

10 of the activity, including reasonable admin11 istrative and overhead costs; and 

12 ‘‘(ii) not include any other amount 

13 that the community water system involved 

14 receives from the Federal Government. 

15 ‘‘(5) REPORT TO CONGRESS.—Not later than 3 

16 years after the date of the enactment of the Safe 

17 Drinking Water Act Amendments of 2017, and 

18 every 3 years thereafter, the Administrator shall 

19 submit to the Congress a report on progress in im20 plementing this subsection, including information on 

21 project applications received and funded annually. 

22 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

23 To carry out this subsection, there are authorized to 

24 be appropriated $50,000,000 for each of fiscal years 

25 2018 through 2022.’’. 


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1 SEC. 302. REGULATION OF HYDRAULIC FRACTURING. 

2 (a) HYDRAULIC FRACTURING.—Section 1421(d)(1) 

3 of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) 

4 is amended by striking subparagraph (B) and inserting 

5 the following: 

6 ‘‘(B) includes the underground injection of 

7 fluids or propping agents pursuant to hydraulic 

8 fracturing operations related to oil, gas, or geo9 thermal production activities; but 

10 ‘‘(C) excludes the underground injection of 

11 natural gas for purposes of storage.’’. 

12 (b) DISCLOSURE OF HYDRAULIC FRACTURING

13 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY

14 CHEMICAL FORMULAS.—Section 1421(b) of the Safe 

15 Drinking Water Act (42 U.S.C. 300h(b)) is amended by 

16 adding at the end the following: 

17 ‘‘(4)(A) Regulations included under paragraph 

18 (1)(C) shall include the following requirements: 

19 ‘‘(i) A person conducting hydraulic frac20 turing operations shall disclose to the State (or 

21 the Administrator if the Administrator has pri22 mary enforcement responsibility in the State)— 

23 ‘‘(I) prior to the commencement of 

24 any hydraulic fracturing operations at any 

25 lease area or portion thereof, a list of 

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1 ground injection during such operations, 

2 including identification of the chemical 

3 constituents of mixtures, Chemical Ab4 stracts Service numbers for each chemical 

5 and constituent, material safety data 

6 sheets when available, and the anticipated 

7 volume of each chemical; and 

8 ‘‘(II) not later than 30 days after the 

9 end of any hydraulic fracturing operations, 

10 the list of chemicals used in each under11 ground injection during such operations, 

12 including identification of the chemical 

13 constituents of mixtures, Chemical Ab14 stracts Service numbers for each chemical 

15 and constituent, material safety data 

16 sheets when available, and the volume of 

17 each chemical used. 

18 ‘‘(ii) The State or the Administrator, as 

19 applicable, shall make the disclosure of chemical 

20 constituents referred to in clause (i) available to 

21 the public, including by posting the information 

22 on an appropriate Internet Web site. 

23 ‘‘(iii) Whenever the State or the Adminis24 trator, or a treating physician or nurse, deter25 mines that a medical emergency exists and the 


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1 proprietary chemical formula of a chemical used 

2 in hydraulic fracturing operations is necessary 

3 for medical treatment, the person conducting 

4 the hydraulic fracturing operations shall, upon 

5 request, immediately disclose the proprietary 

6 chemical formula or the specific chemical iden7 tity of a trade secret chemical to the State, the 

8 Administrator, or the treating physician or 

9 nurse, regardless of whether a written state10 ment of need or a confidentiality agreement has 

11 been provided. The person conducting the hy12 draulic fracturing operations may require a 

13 written statement of need and a confidentiality 

14 agreement as soon thereafter as circumstances 

15 permit. 

16 ‘‘(B) Subparagraphs (A)(i) and (A)(ii) do not 

17 authorize the State (or the Administrator) to require 

18 the public disclosure of proprietary chemical for19 mulas.’’. 

20 SEC. 303. RISKS OF DROUGHT TO DRINKING WATER. 

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

22 300j et seq.) is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘SEC. 1459C. DROUGHT RISK ASSESSMENT AND MANAGE2 MENT. 

3 ‘‘(a) STRATEGIC PLAN.— 

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

5 after the date of enactment of this section, the Ad6 ministrator shall develop and submit to Congress a 

7 strategic plan for assessing and managing the risks 

8 of drought to drinking water provided by public 

9 water systems. The strategic plan shall include steps 

10 and timelines to— 

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

12 to drinking water provided by public water sys13 tems; 

14 ‘‘(B) compile a comprehensive list of the 

15 effects of drought on drinking water provided 

16 by public water systems which the Adminis17 trator determines may have an adverse effect 

18 on human health; 

19 ‘‘(C) summarize— 

20 ‘‘(i) the known adverse human health 

21 effects resulting from the effects of 

22 drought on drinking water included on the 

23 list established under subparagraph (B); 

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


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1 ‘‘(iii) factors that exacerbate the ef2 fects of drought on drinking water pro3 vided by public water systems; 

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

5 on drinking water included on the list compiled 

6 under subparagraph (B), determine whether 

7 to— 

8 ‘‘(i) establish guidance regarding fea9 sible analytical methods to quantify such 

10 effects; and 

11 ‘‘(ii) establish guidance regarding the 

12 frequency of monitoring necessary to de13 tect such effects; 

14 ‘‘(E) recommend feasible treatment op15 tions, including procedures, equipment, and 

16 source water protection practices, to mitigate 

17 such effects; and 

18 ‘‘(F) enter into cooperative agreements 

19 with, and provide technical assistance to, af20 fected States and public water systems, as iden21 tified by the Administrator, for the purpose of 

22 managing risks associated with the effects of 

23 drought on drinking water. 


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

2 appropriate, update and submit to Congress the 

3 strategic plan developed under paragraph (1). 

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

5 this section the Administrator shall— 

6 ‘‘(1) identify gaps in the Agency’s under7 standing of the effects of drought on drinking water 

8 provided by public water systems, including— 

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

10 and 

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

12 monitoring for the effects of drought on source 

13 water of, or drinking water provided by, public 

14 water systems; 

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

16 ‘‘(A) other Federal agencies that— 

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

18 ‘‘(ii) address public health concerns 

19 related to drought; 

20 ‘‘(B) States; 

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

22 ‘‘(D) multinational agencies; 

23 ‘‘(E) foreign governments; 

24 ‘‘(F) research and academic institutions; 

25 and 


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1 ‘‘(G) companies that provide relevant 

2 drinking water treatment options; and 

3 ‘‘(3) assemble and publish information from 

4 each Federal agency that has— 

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

6 ‘‘(B) addressed public health concerns re7 lated to drought. 

8 ‘‘(c) FEASIBLE.—For purposes of this section, the 

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

10 1412(b)(4)(D).’’. 

11 TITLE IV—AQUA ACT 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Assistance, Quality, 

14 and Affordability Act of 2017’’. 

15 SEC. 402. PREVAILING WAGES. 

16 Subsection (e) of section 1450 of the Safe Drinking 

17 Water Act (42 U.S.C. 300j–9) is amended to read as fol18 lows: 

19 ‘‘(e) LABOR STANDARDS.— 

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

21 take such action as the Administrator determines to 

22 be necessary to ensure that each laborer and me23 chanic employed by a contractor or subcontractor in 

24 connection with a construction project financed, in 

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


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1 refinancing, or any other form of financial assistance 

2 provided under this title (including assistance pro3 vided by a State loan fund established under section 

4 1452) is paid wages at a rate of not less than the 

5 prevailing wages for the same type of work on simi6 lar construction in the immediate locality, as deter7 mined by the Secretary of Labor in accordance with 

8 subchapter IV of chapter 31 of title 40, United 

9 States Code. 

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

11 With respect to the labor standards specified in this 

12 subsection, the Secretary of Labor shall have the au13 thority and functions established in Reorganization 

14 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec15 tion 3145 of title 40, United States Code.’’. 

16 SEC. 403. USE OF FUNDS. 

17 Section 1452(a)(2)(B) of the Safe Drinking Water 

18 Act (42 U.S.C. 300j–12(a)(2)(B)) is amended by striking 

19 ‘‘(including expenditures for planning, design, and associ20 ated preconstruction activities, including activities relating 

21 to the siting of the facility, but not’’ and inserting ‘‘(in22 cluding expenditures for planning, design, siting, and as23 sociated preconstruction activities, for replacing or reha24 bilitating aging treatment, storage, or distribution facili25 ties of public water systems, or for producing or capturing 


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1 sustainable energy on site or through the transportation 

2 of water through the public water system, but not’’. 

3 SEC. 404. REQUIREMENTS FOR USE OF AMERICAN MATE4 RIALS. 

5 Section 1452(a)(4)(A) of the Safe Drinking Water 

6 Act (42 U.S.C. 300j–12(a)) is amended by striking ‘‘Dur7 ing fiscal year 2017, funds’’ and inserting ‘‘Funds’’. 

8 SEC. 405. DATA ON VARIANCES, EXEMPTIONS, AND PER9 SISTENT VIOLATIONS. 

10 Section 1452(b)(2) of the Safe Drinking Water Act 

11 (42 U.S.C. 300j–12(b)(2)) is amended— 

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

13 the end; 

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

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

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

17 ‘‘(D) a list of all public water systems 

18 within the State that have in effect an exemp19 tion or variance for any national primary drink20 ing water regulation or that are in persistent 

21 violation of the requirements for any maximum 

22 contaminant level or treatment technique under 

23 a national primary drinking water regulation, 

24 including identification of— 


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1 ‘‘(i) the national primary drinking 

2 water regulation in question for each such 

3 exemption, variance, or violation; and 

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

5 or variance came into effect or the viola6 tion began.’’. 

7 SEC. 406. ASSISTANCE FOR RESTRUCTURING. 

8 (a) DEFINITION.—Section 1401 of the Safe Drinking 

9 Water Act (42 U.S.C. 300f), as amended, is further 

10 amended by adding at the end the following: 

11 ‘‘(18) RESTRUCTURING.—The term ‘restruc12 turing’ means changes in operations (including own13 ership, management, cooperative partnerships, joint 

14 purchasing arrangements, consolidation, and alter15 native water supply).’’. 

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

17 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 

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

19 management, accounting, rates, maintenance, consolida20 tion, alternative water supply, or other procedures)’’ and 

21 inserting ‘‘restructuring’’. 

22 SEC. 407. PRIORITY AND WEIGHT OF APPLICATIONS. 

23 (a) PRIORITY.—Section 1452(b)(3) of the Safe 

24 Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amend25 ed— 


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1 (1) in subparagraph (A)— 

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

3 end; 

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

5 the end and inserting ‘‘; and’’; and 

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

7 ‘‘(iv) improve the ability of public 

8 water systems to protect human health and 

9 comply with the requirements of this title 

10 affordably in the future.’’; 

11 (2) by redesignating subparagraph (B) as sub12 paragraph (D); 

13 (3) by inserting after subparagraph (A) the fol14 lowing: 

15 ‘‘(B) AFFORDABILITY OF NEW STAND16 ARDS.—For any year in which enforcement be17 gins for a new national primary drinking water 

18 regulation, each State that has entered into a 

19 capitalization agreement pursuant to this sec20 tion shall evaluate whether capital improve21 ments required to meet the regulation are af22 fordable for disadvantaged communities (as de23 fined in subsection (d)(3)) in the State. If the 

24 State finds that such capital improvements do 

25 not meet affordability criteria for disadvantaged 


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1 communities in the State, the State’s intended 

2 use plan shall provide that priority for the use 

3 of funds for such year be given to public water 

4 systems affected by the regulation and serving 

5 disadvantaged communities. 

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

7 After determining priority under subparagraphs 

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

9 that the State will give greater weight to an ap10 plication for assistance if the application con11 tains— 

12 ‘‘(i) a description of measures under13 taken by the public water system to im14 prove the management and financial sta15 bility of the public water system, which 

16 may include— 

17 ‘‘(I) an inventory of assets, in18 cluding a description of the condition 

19 of the assets; 

20 ‘‘(II) a schedule for replacement 

21 of assets; 

22 ‘‘(III) an audit of water losses; 

23 ‘‘(IV) a financing plan that fac24 tors in all lifecycle costs indicating 

25 sources of revenue from ratepayers, 


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1 grants, bonds, other loans, and other 

2 sources to meet the costs; and 

3 ‘‘(V) a review of options for re4 structuring; 

5 ‘‘(ii) a demonstration of consistency 

6 with State, regional, and municipal water7 shed plans; 

8 ‘‘(iii) a water conservation plan con9 sistent with guidelines developed for such 

10 plans by the Administrator under section 

11 1455(a); and 

12 ‘‘(iv) a description of measures under13 taken by the public water system to im14 prove the efficiency of the public water sys15 tem or reduce the public water system’s 

16 environmental impact, which may in17 clude— 

18 ‘‘(I) water efficiency or conserva19 tion, including the rehabilitation or re20 placement of existing leaking pipes; 

21 ‘‘(II) use of reclaimed water; 

22 ‘‘(III) actions to increase energy 

23 efficiency; 

24 ‘‘(IV) actions to generate or cap25 ture sustainable energy on site or 


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1 through the transportation of water 

2 through the public water system; 

3 ‘‘(V) actions to protect source 

4 water; 

5 ‘‘(VI) actions to mitigate or pre6 vent corrosion, including design, selec7 tion of materials, selection of coating, 

8 and cathodic protection; and 

9 ‘‘(VII) actions to reduce disinfec10 tion byproducts.’’; and 

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

12 paragraph (2)) by striking ‘‘periodically’’ and insert13 ing ‘‘at least biennially’’. 

14 (b) GUIDANCE.—Section 1452 of the Safe Drinking 

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

16 (1) by redesignating subsection (r) as sub17 section (t); and 

18 (2) by inserting after subsection (q) the fol19 lowing: 

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

21 may provide guidance and, as appropriate, tools, meth22 odologies, or computer software, to assist small public 

23 water systems in undertaking measures to improve the 

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1 lic water system or reduce the public water system’s envi2 ronmental impact.’’. 

3 SEC. 408. DISADVANTAGED COMMUNITIES. 

4 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec5 tion 1452(b)(3) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–12(b)(3)), as amended, is further amended 

7 by adding at the end the following: 

8 ‘‘(E) ASSISTANCE TO INCREASE COMPLI9 ANCE.—A State’s intended use plan shall pro10 vide that, of the funds received by the State 

11 through a capitalization grant under this sec12 tion for a fiscal year, the State will, to the ex13 tent that there are sufficient eligible project ap14 plications, reserve not less than 6 percent to be 

15 spent on assistance under subsection (d) to 

16 public water systems included in the State’s 

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

18 (b) ASSISTANCE FOR DISADVANTAGED COMMU19 NITIES.—Section 1452(d) of the Safe Drinking Water Act 

20 (42 U.S.C. 300j–12(d)) is amended— 

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

22 following: ‘‘Such additional subsidization shall di23 rectly and primarily benefit such community.’’; and 

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

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


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

2 of the Safe Drinking Water Act (42 U.S.C. 300j– 

3 12(d)(3)) is amended by adding at the end: ‘‘Each State 

4 that has entered into a capitalization agreement pursuant 

5 to this section shall, in establishing affordability criteria, 

6 consider, solicit public comment on, and include as appro7 priate— 

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

9 will use to identify disadvantaged communities; 

10 ‘‘(B) a description of the institutional, reg11 ulatory, financial, tax, or legal factors at the 

12 Federal, State, or local level that affect identi13 fied affordability criteria; and 

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

15 use the authorities and resources under this 

16 subsection to assist communities meeting the 

17 identified criteria.’’. 

18 SEC. 409. ADMINISTRATION OF STATE LOAN FUNDS. 

19 Section 1452(g) of the Safe Drinking Water Act (42 

20 U.S.C. 300j–12(g)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(5) TRANSFER OF FUNDS.— 

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

24 State may— 


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

2 more than the lesser of— 

3 ‘‘(I) 33 percent of a capitaliza4 tion grant made under this section; or 

5 ‘‘(II) 33 percent of a capitaliza6 tion grant made under section 601 of 

7 the Federal Water Pollution Control 

8 Act; and 

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

10 funds provided to the State under this sec11 tion or section 601 of the Federal Water 

12 Pollution Control Act. 

13 ‘‘(B) STATE MATCHING FUNDS.—Funds 

14 reserved under this paragraph shall not be con15 sidered for purposes of calculating the amount 

16 of a State contribution required by subsection 

17 (e) of this section or section 602(b) of the Fed18 eral Water Pollution Control Act.’’. 

19 SEC. 410. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

20 SAMOA, NORTHERN MARIANA ISLANDS, 

21 GUAM, AND THE VIRGIN ISLANDS. 

22 Section 1452(j) of the Safe Drinking Water Act (42 

23 U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’ 

24 and inserting ‘‘1.5 percent’’. 


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1 SEC. 411. AUTHORIZATION OF APPROPRIATIONS. 

2 Subsection (m) of section 1452 of the Safe Drinking 

3 Water Act (42 U.S.C. 300j–12) is amended to read as 

4 follows: 

5 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

7 appropriated to carry out this section— 

8 ‘‘(A) $3,130,000,000 for fiscal year 2018; 

9 ‘‘(B) $3,600,000,000 for fiscal year 2019; 

10 ‘‘(C) $4,140,000,000 for fiscal year 2020; 

11 ‘‘(D) $4,800,000,000 for fiscal year 2021; 

12 and 

13 ‘‘(E) $5,500,000,000 for fiscal year 2022. 

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

15 pursuant to this subsection shall remain available 

16 until expended. 

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

18 the amount made available under paragraph (1) to 

19 carry out this section for a fiscal year, the Adminis20 trator may reserve not more than $1,000,000 per 

21 year to pay the costs of conducting needs surveys 

22 under subsection (h).’’. 

23 SEC. 412. AFFORDABILITY OF NEW STANDARDS. 

24 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

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

26 of the Safe Drinking Water Act (42 U.S.C. 300g– 


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1 1(b)(4)(E)) is amended by adding at the end the following: 

2 ‘‘If no technology, treatment technique, or other means 

3 is included in a list under this subparagraph for a category 

4 of small public water systems, the Administrator shall pe5 riodically review the list and supplement it when new tech6 nology becomes available.’’. 

7 (b) ASSISTANCE FOR DISADVANTAGED COMMU8 NITIES.— 

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

10 1452(a)(1) of the Safe Drinking Water Act (42 

11 U.S.C. 300j–12(a)(1)) is amended— 

12 (A) by striking ‘‘except that the Adminis13 trator may reserve’’ and inserting ‘‘except 

14 that— 

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

16 of a new national primary drinking water 

17 regulation begins, the Administrator may 

18 use the remaining amount to make grants 

19 to States whose public water systems are 

20 disproportionately affected by the new reg21 ulation for the provision of assistance 

22 under subsection (d) to such public water 

23 systems; 

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

25 and 


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1 (B) by striking ‘‘and none of the funds re2 allotted’’ and inserting ‘‘; and 

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

4 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

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

6 1(b)) of the Safe Drinking Water Act is amend7 ed by striking paragraph (15). 

8 (B) Section 1415 (42 U.S.C. 300g–4) of 

9 the Safe Drinking Water Act is amended by 

10 striking subsection (e). 

11 (3) CONFORMING AMENDMENTS.— 

12 (A) Subparagraph (B) of section 

13 1414(c)(1) of the Safe Drinking Water Act (42 

14 U.S.C. 300g–3(c)(1)(B)) is amended by strik15 ing ‘‘, (a)(2), or (e)’’ and inserting ‘‘or (a)(2)’’. 

16 (B) Section 1416(b)(2) of the Safe Drink17 ing Water Act (42 U.S.C. 300g–5(b)(2)) is 

18 amended by striking subparagraph (D). 

19 (C) Section 1445(h) of the Safe Drinking 

20 Water Act (42 U.S.C. 300j–4(h)) is amended— 

21 (i) by striking ‘‘sections 

22 1412(b)(4)(E) and 1415(e) (relating to 

23 small system variance program’’ and in24 serting ‘‘section 1412(b)(4)(E)’’; and 


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1 (ii) by striking ‘‘guidance under sec2 tions 1412(b)(4)(E) and 1415(e)’’ and in3 serting ‘‘guidance under section 

4 1412(b)(4)(E)’’. 

5 SEC. 413. FOCUS ON LIFECYCLE COSTS. 

6 Section 1412(b)(4) of the Safe Drinking Water Act 

7 (42 U.S.C. 300g–1(b)(4)) is amended— 

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

9 cost into consideration’’ and inserting ‘‘taking 

10 lifecycle costs, including maintenance, replacement, 

11 and avoided costs, into consideration’’; and 

12 (2) in subparagraph (E)(ii), in the matter pre13 ceding subclause (I), by inserting ‘‘taking lifecycle 

14 costs, including maintenance, replacement, and 

15 avoided costs, into consideration,’’ after ‘‘as deter16 mined by the Administrator in consultation with the 

17 States,’’. 

18 SEC. 414. BEST PRACTICES FOR ADMINISTRATION OF 

19 STATE REVOLVING LOAN FUND PROGRAMS. 

20 Section 1452 of the Safe Drinking Water Act (42 

21 U.S.C. 300j–12) is amended by inserting after subsection 

22 (r), as added by section 407(b), the following: 

23 ‘‘(s) BEST PRACTICES FOR PROGRAM ADMINISTRA24 TION.—The Administrator shall— 


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1 ‘‘(1) collect information from States on admin2 istration of State programs with respect to State 

3 loan funds, including— 

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

5 applying for assistance through such programs; 

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

7 completion of application forms; 

8 ‘‘(C) incentives provided to systems that 

9 partner with small public water systems for the 

10 application process; and 

11 ‘‘(D) techniques to ensure that obligated 

12 balances are liquidated in a timely fashion; 

13 ‘‘(2) not later than 3 years after the date of en14 actment of the Assistance, Quality, and Affordability 

15 Act of 2017, disseminate to the States’ best prac16 tices for administration of such programs, based on 

17 the information collected pursuant to this sub18 section; and 

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

20 appropriate.’’. 

21 TITLE V—INCREASING COMPLI22 ANCE AND COMMUNITY 

23 RIGHT TO KNOW 

24 SEC. 501. STREAMLINING REPORTING AND ENFORCEMENT. 

25 (a) ENFORCEMENT.— 


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1 (1) ADVICE AND TECHNICAL ASSISTANCE.— 

2 Section 1414(a)(1) of the Safe Drinking Water Act 

3 (42 U.S.C. 300g–3(a)(1)) is amended— 

4 (A) in subparagraph (A), in the matter fol5 lowing clause (ii), by striking ‘‘and provide such 

6 advice and technical assistance to such State 

7 and public water system as may be appropriate 

8 to bring the system into compliance with the re9 quirement by the earliest feasible time’’; and 

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

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

12 to a State and public water system under subparagraph 

13 (A), the Administrator may provide such advice and tech14 nical assistance to such State and public water system as 

15 may be appropriate to bring the system into compliance 

16 with the requirement by the earliest feasible time. In de17 ciding whether the provision of advice or technical assist18 ance is appropriate, the Administrator may consider the 

19 potential for the violation to result in serious adverse ef20 fects to human health, whether the violation has occurred 

21 continuously or frequently, and the effectiveness of past 

22 technical assistance efforts.’’. 

23 (2) ADDITIONAL INSPECTIONS.— 


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1 (A) IN GENERAL.—Section 1414 of the 

2 Safe Drinking Water Act (42 U.S.C. 300g–3) is 

3 amended— 

4 (i) by redesignating subsections (d) 

5 through (i) as subsections (e) through (j), 

6 respectively; and 

7 (ii) by inserting after subsection (c) 

8 the following: 

9 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA10 TIONS.— 

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

12 by regulation, and after consultation with the States, 

13 prescribe the number, frequency, and type of addi14 tional inspections to follow any violation requiring 

15 notice under subsection (c). Regulations under this 

16 subsection shall— 

17 ‘‘(A) take into account— 

18 ‘‘(i) differences between violations 

19 that are intermittent or infrequent and vio20 lations that are continuous or frequent; 

21 ‘‘(ii) the seriousness of any potential 

22 adverse health effects that may be in23 volved; and 

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

25 violations by the public water system; and 


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1 ‘‘(B) specify procedures for inspections fol2 lowing a violation by a public water system that 

3 has the potential to have serious adverse effects 

4 on human health as a result of short-term expo5 sure. 

6 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI7 BILITY.—Nothing in this subsection shall be con8 strued or applied to modify the requirements of sec9 tion 1413.’’. 

10 (B) CONFORMING AMENDMENTS.— 

11 (i) Subsections (a)(1)(B), (a)(2)(A), 

12 and (b) of section 1414 of the Safe Drink13 ing Water Act (42 U.S.C. 300g–3) are 

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

15 place it appears and inserting ‘‘subsection 

16 (h)’’. 

17 (ii) Section 1448(a) of the Safe 

18 Drinking Water Act (42 U.S.C. 300j–7(a)) 

19 is amended by striking ‘‘1414(g)(3)(B)’’ 

20 and inserting ‘‘1414(h)(3)(B)’’. 

21 (b) ELECTRONIC REPORTING OF COMPLIANCE MONI22 TORING DATA TO THE ADMINISTRATOR.— 

23 (1) REQUIREMENT.—Section 1414 of the Safe 

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1 ed, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE

4 MONITORING DATA TO THE ADMINISTRATOR.—The Ad5 ministrator shall by rule establish requirements for— 

6 ‘‘(1) electronic submission by public water sys7 tems of all compliance monitoring data— 

8 ‘‘(A) to the Administrator; or 

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

10 in a State which has primary enforcement re11 sponsibility under section 1413, to such State; 

12 and 

13 ‘‘(2) electronic submission to the Administrator 

14 by each State which has primary enforcement re15 sponsibility under section 1413 of all compliance 

16 monitoring data submitted to such State by public 

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

18 (2) FINAL RULE.—Not later than 12 months 

19 after the date of the enactment of this Act, the Ad20 ministrator of the Environmental Protection Agency 

21 shall issue a final rule to carry out section 1414(k) 

22 of the Safe Drinking Water Act, as added by para23 graph (1). 


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1 SEC. 502. CONSOLIDATION. 

2 (a) MANDATORY ASSESSMENT AND CONSOLIDA3 TION.—Subsection (i) of section 1414 of the Safe Drink4 ing Water Act (42 U.S.C. 300g–3), as redesignated by 

5 section 501(a)(2), is amended by adding at the end the 

6 following: 

7 ‘‘(3) AUTHORITY FOR MANDATORY ASSESSMENT

8 AND MANDATORY CONSOLIDATION.— 

9 ‘‘(A) MANDATORY ASSESSMENT.—A State 

10 with primary enforcement responsibility or the 

11 Administrator (if the State does not have pri12 mary enforcement responsibility) may require 

13 the owner or operator of a public water system 

14 to assess options for consolidation, or transfer 

15 of ownership of the system, as described in 

16 paragraph (1), if— 

17 ‘‘(i) the public water system has re18 peatedly failed to comply with one or more 

19 national primary drinking water regula20 tions; 

21 ‘‘(ii) such consolidation or transfer is 

22 feasible; and 

23 ‘‘(iii) such consolidation or transfer 

24 could result in greater compliance with na25 tional primary drinking water regulations. 


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1 ‘‘(B) MANDATORY CONSOLIDATION.—A 

2 State with primary enforcement responsibility 

3 or the Administrator (if the State does not have 

4 primary enforcement responsibility) may require 

5 the owner or operator of a public water system 

6 to submit a plan for consolidation, or transfer 

7 of ownership of the system, as described in 

8 paragraph (1), and complete the actions re9 quired under such plan if— 

10 ‘‘(i) the owner or operator of the pub11 lic water system completed the assessment 

12 required under paragraph (A), but did not 

13 complete consolidation or transfer of own14 ership; 

15 ‘‘(ii) since completing such assess16 ment, the public water system has failed to 

17 comply with one or more national primary 

18 drinking water regulations; and 

19 ‘‘(iii) such consolidation or transfer is 

20 feasible. 

21 ‘‘(C) REGULATIONS.—Not later than 2 

22 years after the date of enactment of the Safe 

23 Drinking Water Act Amendments of 2017, the 

24 Administrator shall promulgate regulations to 

25 implement this paragraph. 


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1 ‘‘(4) FINANCIAL ASSISTANCE.—Notwith2 standing section 1452(a)(3), public water systems 

3 undertaking consolidation or transfer of ownership 

4 pursuant to this section may receive assistance 

5 under section 1452 to carry out such consolidation 

6 or transfer. 

7 ‘‘(5) PROTECTION OF NON-RESPONSIBLE SYS8 TEM.— 

9 ‘‘(A) IDENTIFICATION OF LIABILITIES.— 

10 An owner or operator of a public water system 

11 submitting a plan pursuant to this section shall 

12 identify as part of such plan— 

13 ‘‘(i) any potential liability for damages 

14 arising from each specific violation identi15 fied in the plan of which the owner or op16 erator is aware or should be aware; and 

17 ‘‘(ii) any funds or other assets avail18 able to satisfy such liability that are avail19 able, as of the date of submission of such 

20 plan, to the public water system that com21 mitted such violation. 

22 ‘‘(B) RESERVATION OF FUNDS.—A public 

23 water system that has completed consolidation 

24 with another public water system pursuant to a 

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1 tion shall not be liable in a civil action for any 

2 damages arising from a specific violation identi3 fied in such plan, except to the extent to which 

4 funds or other assets are identified pursuant to 

5 subparagraph (A)(ii) as available to satisfy such 

6 liability.’’. 

7 (b) RETENTION OF PRIMARY ENFORCEMENT AU8 THORITY.— 

9 (1) IN GENERAL.—Section 1413(a) of the Safe 

10 Drinking Water Act (42 U.S.C. 300g–2(a)) is 

11 amended— 

12 (A) in paragraph (5), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (B) by redesignating paragraph (6) as 

15 paragraph (7); and 

16 (C) by inserting after paragraph (5) the 

17 following new paragraph: 

18 ‘‘(6) has adopted and is implementing proce19 dures for requiring public water systems to assess 

20 options for, and complete, consolidation or transfer 

21 of ownership, in accordance with the regulations 

22 issued by the Administrator to implement section 

23 1414(i)(3); and’’. 

24 (2) CONFORMING AMENDMENT.—Section 

25 1413(b)(1) of the Safe Drinking Water Act (42 


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1 U.S.C. 300g–2(b)(1)) is amended by striking ‘‘of 

2 paragraphs (1), (2), (3), and (4)’’. 

3 SEC. 503. WATER VIOLATIONS INVENTORY. 

4 Section 1414 of the Safe Drinking Water Act (42 

5 U.S.C. 300g–3), as amended, is further amended by add6 ing at the end the following new subsection: 

7 ‘‘(l) EPA MANAGEMENT OF DATA.— 

8 ‘‘(1) ESTABLISHMENT OF INVENTORY.—Not 

9 later than one year after the date of enactment of 

10 the Safe Drinking Water Act Amendments of 2017, 

11 the Administrator shall establish and maintain in a 

12 computer data base an inventory based on data sub13 mitted to the Administrator under this section re14 garding violations and exceedances. The Adminis15 trator shall make these data publicly accessible and 

16 searchable by zip code and county, and available in 

17 appropriate languages. 

18 ‘‘(2) REPORT ON HOT SPOTS AND DISPROPOR19 TIONATE IMPACTS.—Not later than 2 years after the 

20 date of enactment of the Safe Drinking Water Act 

21 Amendments of 2017, and annually thereafter, the 

22 Administrator shall submit to the Committee on En23 ergy and Commerce of the House of Representatives 

24 and the Committee on Environment and Public 

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1 tionate impacts on communities of particular demo2 graphic categories as shown by the data in the in3 ventory under paragraph (1).’’. 

4 SEC. 504. IMPROVED CONSUMER CONFIDENCE REPORTS. 

5 Section 1414(c)(4) of the Safe Drinking Water Act 

6 (42 U.S.C. 300g–3(c)(4)) is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(F) REVISIONS.—Not later than 24 

9 months after the date of enactment of the Safe 

10 Drinking Water Act Amendments of 2017, the 

11 Administrator, in consultation with the groups 

12 identified in subparagraph (A), shall promul13 gate revisions to the regulations issued pursu14 ant to subparagraph (A) to increase the effec15 tiveness and understandability of consumer con16 fidence reports.’’. 

17 TITLE VI—STUDIES AND 

18 TECHNOLOGY 

19 SEC. 601. REAL-TIME MONITORING TECHNOLOGY RE20 SEARCH GRANTS. 

21 (a) GRANT PROGRAM.—Not later than 1 year after 

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

23 the Environmental Protection Agency shall establish a 

24 grant program to provide funds to projects to develop 

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1 taminants. Grants awarded under this section shall be 

2 awarded on a competitive basis after solicitation and eval3 uation of proposals. 

4 (b) PROJECTS.—Projects eligible for funding under 

5 the grant program established under this section include 

6 projects for the— 

7 (1) development of new hardware and tech8 nology, or improvement of existing hardware or tech9 nology, that monitors contaminants in drinking 

10 water in real time; and 

11 (2) development of software that assists in real12 time monitoring of contaminants in drinking water. 

13 (c) REPORT TO CONGRESS.—Not later than 3 years 

14 after the date of enactment of this Act, the Administrator 

15 shall submit to the Committee on Energy and Commerce 

16 of the House of Representatives and the Committee on 

17 Environment and Public Works of the Senate a report de18 scribing the projects funded under the grant program es19 tablished under this section and the technology that has 

20 been developed as a result of such projects. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $10,000,000 for fiscal 

23 year 2018 to carry out this section, which shall remain 

24 available until expended. 


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1 SEC. 602. PRESENCE OF PHARMACEUTICALS AND PER2 SONAL CARE PRODUCTS IN SOURCES OF 

3 DRINKING WATER. 

4 Subsection (a) of section 1442 of the Safe Drinking 

5 Water Act (42 U.S.C. 300j–1) is amended by adding at 

6 the end the following: 

7 ‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER8 SONAL CARE PRODUCTS IN SOURCES OF DRINKING

9 WATER.— 

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

11 out a study on the presence of pharmaceuticals and 

12 personal care products in sources of drinking water, 

13 which shall— 

14 ‘‘(i) identify pharmaceuticals and personal 

15 care products that have been detected in 

16 sources of drinking water and the levels at 

17 which such pharmaceuticals and personal care 

18 products have been detected; 

19 ‘‘(ii) identify the sources of pharma20 ceuticals and personal care products in sources 

21 of drinking water, including point sources and 

22 nonpoint sources of pharmaceutical and per23 sonal care products; 

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1 mans, the environment, and the safety of drink2 ing water; and 

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

4 treat, or prevent the presence of such personal 

5 care pharmaceuticals and 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. 603. WATER LOSS AND LEAK CONTROL TECHNOLOGY. 

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

8 300j et seq.), as amended, is further amended by adding 

9 at the end the following: 

10 ‘‘SEC. 1459D. WATER LOSS AND LEAK CONTROL TECH11 NOLOGY. 

12 ‘‘The Administrator shall— 

13 ‘‘(1) not later than 5 years after the date of en14 actment of this section, develop criteria for effective 

15 water loss and leak control technology to be used by 

16 public water systems; and 

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

18 manufacturer of such technology may apply, on a 

19 voluntary basis, for certification of compliance with 

20 such criteria.’’. 

Æ 


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