I 

115TH CONGRESS 

1ST SESSION H. R. 1071 

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; and 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 15, 2017 

Mr. TONKO (for himself, Mr. PALLONE, Ms. MATSUI, Ms. NORTON, Mr. BLUMENAUER, Mr. CA ́RDENAS, Mr. SARBANES, Mrs. DINGELL, Mr. MCNERNEY, Ms. ESHOO, Mr. GENE GREEN of Texas, Mr. MICHAEL F. DOYLE

of Pennsylvania, Ms. SCHAKOWSKY, Mr. PETERS, Mr. WELCH, Ms. 

DEGETTE, and Ms. CASTOR of Florida) 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; and 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. 

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

3 ‘‘Assistance, Quality, and Affordability Act of 2017’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. Streamlining reporting and enforcement. 

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

drinking water. 

Sec. 16. Best practices for administration of State revolving loan fund programs. 

Sec. 17. Water loss and leak control technology. 

Sec. 18. Risks of drought to drinking water. 

Sec. 19. Reducing lead in drinking water. 

6 SEC. 2. PREVAILING WAGES. 

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

8 Water Act (42 U.S.C. 300j–9) is amended to read as fol9 lows: 

10 ‘‘(e) LABOR STANDARDS.— 

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

12 take such action as the Administrator determines to 

13 be necessary to ensure that each laborer and me14 chanic employed by a contractor or subcontractor in 

15 connection with a construction project financed, in 


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

2 refinancing, or any other form of financial assistance 

3 provided under this title (including assistance pro4 vided by a State loan fund established under section 

5 1452) is paid wages at a rate of not less than the 

6 prevailing wages for the same type of work on simi7 lar construction in the immediate locality, as deter8 mined by the Secretary of Labor in accordance with 

9 subchapter IV of chapter 31 of title 40, United 

10 States Code. 

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

12 With respect to the labor standards specified in this 

13 subsection, the Secretary of Labor shall have the au14 thority and functions established in Reorganization 

15 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec16 tion 3145 of title 40, United States Code.’’. 

17 SEC. 3. USE OF FUNDS. 

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

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

20 ‘‘(including expenditures for planning, design, and associ21 ated preconstruction activities, including activities relating 

22 to the siting of the facility, but not’’ and inserting ‘‘(in23 cluding expenditures for planning, design, siting, and as24 sociated preconstruction activities, for replacing or reha25 bilitating aging treatment, storage, or distribution faciliVerDate Sep 11 2014 04:43 Feb 22, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1071.IH H1071

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1 ties of public water systems, or for producing or capturing 

2 sustainable energy on site or through the transportation 

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

4 SEC. 4. REQUIREMENTS FOR USE OF AMERICAN MATE5 RIALS. 

6 Section 1452(a)(4) of the Safe Drinking Water Act 

7 (42 U.S.C. 300j–12(a)(4)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘During 

9 fiscal year 2017, funds’’ and inserting ‘‘Funds’’; and 

10 (2) by striking subparagraph (G). 

11 SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PER12 SISTENT VIOLATIONS. 

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

14 (42 U.S.C. 300j–12(b)(2)) is amended— 

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

16 the end; 

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

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

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

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

21 within the State that have in effect an exemp22 tion or variance for any national primary drink23 ing water regulation or that are in persistent 

24 violation of the requirements for any maximum 

25 contaminant level or treatment technique under 


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1 a national primary drinking water regulation, 

2 including identification of— 

3 ‘‘(i) the national primary drinking 

4 water regulation in question for each such 

5 exemption, variance, or violation; and 

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

7 or variance came into effect or the viola8 tion began.’’. 

9 SEC. 6. ASSISTANCE FOR RESTRUCTURING. 

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

11 Water Act (42 U.S.C. 300f) is amended by adding at the 

12 end the following: 

13 ‘‘(17) RESTRUCTURING.—The term ‘restruc14 turing’ means changes in operations (including own15 ership, management, cooperative partnerships, joint 

16 purchasing arrangements, consolidation, and alter17 native water supply).’’. 

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

19 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 

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

21 management, accounting, rates, maintenance, consolida22 tion, alternative water supply, or other procedures)’’ and 

23 inserting ‘‘restructuring’’. 


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1 SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS. 

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

3 Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amend4 ed— 

5 (1) in subparagraph (A)— 

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

7 end; 

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

9 the end and inserting ‘‘; and’’; and 

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

11 ‘‘(iv) improve the ability of public 

12 water systems to protect human health and 

13 comply with the requirements of this title 

14 affordably in the future.’’; 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (D); 

17 (3) by inserting after subparagraph (A) the fol18 lowing: 

19 ‘‘(B) AFFORDABILITY OF NEW STAND20 ARDS.—For any year in which enforcement be21 gins for a new national primary drinking water 

22 regulation, each State that has entered into a 

23 capitalization agreement pursuant to this sec24 tion shall evaluate whether capital improve25 ments required to meet the standard are afford26 able for disadvantaged communities (as defined 


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

2 finds that such capital improvements do not 

3 meet affordability criteria for disadvantaged 

4 communities in the State, the State’s intended 

5 use plan shall provide that priority for the use 

6 of funds for such year be given to public water 

7 systems affected by the standard and serving 

8 disadvantaged communities. 

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

10 After determining priority under subparagraphs 

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

12 that the State will give greater weight to an ap13 plication for assistance if the application con14 tains— 

15 ‘‘(i) a description of measures under16 taken by the public water system to im17 prove the management and financial sta18 bility of the public water system, which 

19 may include— 

20 ‘‘(I) an inventory of assets, in21 cluding a description of the condition 

22 of the assets; 

23 ‘‘(II) a schedule for replacement 

24 of assets; 

25 ‘‘(III) an audit of water losses; 


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1 ‘‘(IV) a financing plan that fac2 tors in all lifecycle costs indicating 

3 sources of revenue from ratepayers, 

4 grants, bonds, other loans, and other 

5 sources to meet the costs; and 

6 ‘‘(V) a review of options for re7 structuring; 

8 ‘‘(ii) a demonstration of consistency 

9 with State, regional, and municipal water10 shed plans; 

11 ‘‘(iii) a water conservation plan con12 sistent with guidelines developed for such 

13 plans by the Administrator under section 

14 1455(a); and 

15 ‘‘(iv) a description of measures under16 taken by the public water system to im17 prove the efficiency of the public water sys18 tem or reduce the public water system’s 

19 environmental impact, which may in20 clude— 

21 ‘‘(I) water efficiency or conserva22 tion, including the rehabilitation or re23 placement of existing leaking pipes; 

24 ‘‘(II) use of reclaimed water; 


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1 ‘‘(III) actions to increase energy 

2 efficiency; 

3 ‘‘(IV) actions to generate or cap4 ture sustainable energy on site or 

5 through the transportation of water 

6 through the public water system; 

7 ‘‘(V) actions to protect source 

8 water; 

9 ‘‘(VI) actions to mitigate or pre10 vent corrosion, including design, selec11 tion of materials, selection of coating, 

12 and cathodic protection; and 

13 ‘‘(VII) actions to reduce disinfec14 tion byproducts.’’; and 

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

16 paragraph (2)) by striking ‘‘periodically’’ and insert17 ing ‘‘at least biennially’’. 

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

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

20 (1) by redesignating subsection (r) as sub21 section (t); and 

22 (2) by inserting after subsection (q) the fol23 lowing: 

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

25 may provide guidance and, as appropriate, tools, methVerDate Sep 11 2014 04:43 Feb 22, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1071.IH H1071

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1 odologies, or computer software, to assist small public 

2 water systems in undertaking measures to improve the 

3 management, financial stability, and efficiency of the pub4 lic water system or reduce the public water system’s envi5 ronmental impact.’’. 

6 SEC. 8. DISADVANTAGED COMMUNITIES. 

7 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec8 tion 1452(b)(3) of the Safe Drinking Water Act (42 

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

10 by adding at the end the following: 

11 ‘‘(E) ASSISTANCE TO INCREASE COMPLI12 ANCE.—A State’s intended use plan shall pro13 vide that, of the funds received by the State 

14 through a capitalization grant under this sec15 tion for a fiscal year, the State will, to the ex16 tent that there are sufficient eligible project ap17 plications, reserve not less than 6 percent to be 

18 spent on assistance under subsection (d) to 

19 public water systems included in the State’s 

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

21 (b) ASSISTANCE FOR DISADVANTAGED COMMU22 NITIES.—Section 1452(d) of the Safe Drinking Water Act 

23 (42 U.S.C. 300j–12(d)) is amended— 


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

2 following: ‘‘Such additional subsidization shall di3 rectly and primarily benefit such community.’’; and 

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

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

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

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

8 12(d)(3)) is amended by adding at the end: ‘‘Each State 

9 that has entered into a capitalization agreement pursuant 

10 to this section shall, in establishing affordability criteria, 

11 consider, solicit public comment on, and include as appro12 priate— 

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

14 will use to identify disadvantaged communities; 

15 ‘‘(B) a description of the institutional, reg16 ulatory, financial, tax, or legal factors at the 

17 Federal, State, or local level that affect identi18 fied affordability criteria; and 

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

20 use the authorities and resources under this 

21 subsection to assist communities meeting the 

22 identified criteria.’’. 


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1 SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS. 

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

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

4 following new paragraph: 

5 ‘‘(5) TRANSFER OF FUNDS.— 

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

7 State may— 

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

9 more than the lesser of— 

10 ‘‘(I) 33 percent of a capitaliza11 tion grant made under this section; or 

12 ‘‘(II) 33 percent of a capitaliza13 tion grant made under section 601 of 

14 the Federal Water Pollution Control 

15 Act; and 

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

17 funds provided to the State under this sec18 tion or section 601 of the Federal Water 

19 Pollution Control Act. 

20 ‘‘(B) STATE MATCHING FUNDS.—Funds 

21 reserved under this paragraph shall not be con22 sidered for purposes of calculating the amount 

23 of a State contribution required by subsection 

24 (e) of this section or section 602(b) of the Fed25 eral Water Pollution Control Act.’’. 


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1 SEC. 10. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

2 SAMOA, NORTHERN MARIANA ISLANDS, 

3 GUAM, AND THE VIRGIN ISLANDS. 

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

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

6 and inserting ‘‘1.5 percent’’. 

7 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

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

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

10 follows: 

11 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to carry out this section— 

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

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

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

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

18 and 

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

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

21 pursuant to this subsection shall remain available 

22 until expended. 

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

24 the amount made available under paragraph (1) to 

25 carry out this section for a fiscal year, the Adminis26 trator may reserve not more than $1,000,000 per 


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1 year to pay the costs of conducting needs surveys 

2 under subsection (h).’’. 

3 SEC. 12. AFFORDABILITY OF NEW STANDARDS. 

4 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

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

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

7 1(b)(4)(E)) is amended by adding at the end the following: 

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

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

10 of small public water systems, the Administrator shall pe11 riodically review the list and supplement it when new tech12 nology becomes available.’’. 

13 (b) ASSISTANCE FOR DISADVANTAGED COMMU14 NITIES.— 

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

16 1452(a)(1) of the Safe Drinking Water Act (42 

17 U.S.C. 300j–12(a)(1)) is amended— 

18 (A) by striking ‘‘except that the Adminis19 trator may reserve’’ and inserting ‘‘except 

20 that— 

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

22 of a new national primary drinking water 

23 regulation begins, the Administrator may 

24 use the remaining amount to make grants 

25 to States whose public water systems are 


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1 disproportionately affected by the new reg2 ulation for the provision of assistance 

3 under subsection (d) to such public water 

4 systems; 

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

6 and 

7 (B) by striking ‘‘and none of the funds re8 allotted’’ and inserting ‘‘; and 

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

10 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

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

12 1(b)) of the Safe Drinking Water Act is amend13 ed by striking paragraph (15). 

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

15 the Safe Drinking Water Act is amended by 

16 striking subsection (e). 

17 (3) CONFORMING AMENDMENTS.— 

18 (A) Subparagraph (B) of section 

19 1414(c)(1) of the Safe Drinking Water Act (42 

20 U.S.C. 300g–3(c)(1)(B)) is amended by strik21 ing ‘‘, (a)(2), or (e)’’ and inserting ‘‘or (a)(2)’’. 

22 (B) Section 1416(b)(2) of the Safe Drink23 ing Water Act (42 U.S.C. 300g–5(b)(2)) is 

24 amended by striking subparagraph (D). 


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

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

3 (i) by striking ‘‘sections 

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

5 small system variance program’’ and in6 serting ‘‘section 1412(b)(4)(E)’’; and 

7 (ii) by striking ‘‘guidance under sec8 tions 1412(b)(4)(E) and 1415(e)’’ and in9 serting ‘‘guidance under section 

10 1412(b)(4)(E)’’. 

11 SEC. 13. FOCUS ON LIFECYCLE COSTS. 

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

13 (42 U.S.C. 300g–1(b)(4)) is amended— 

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

15 cost into consideration’’ and inserting ‘‘taking 

16 lifecycle costs, including maintenance, replacement, 

17 and avoided costs, into consideration’’; and 

18 (2) in subparagraph (E)(ii), in the matter pre19 ceding subclause (I), by inserting ‘‘taking lifecycle 

20 costs, including maintenance, replacement, and 

21 avoided costs, into consideration,’’ after ‘‘as deter22 mined by the Administrator in consultation with the 

23 States,’’. 

24 SEC. 14. 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. 15. PRESENCE OF PHARMACEUTICALS AND PERSONAL 

2 CARE PRODUCTS IN SOURCES OF DRINKING 

3 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; 

24 ‘‘(iii) identify the effects of such pharma25 ceuticals and personal care products on huVerDate Sep 11 2014 04:43 Feb 22, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1071.IH H1071

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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. 16. BEST PRACTICES FOR ADMINISTRATION OF STATE 

7 REVOLVING LOAN FUND PROGRAMS. 

8 Section 1452 of the Safe Drinking Water Act (42 

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

10 (r), as added by section 7(b), the 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 2017, 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. 17. 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. 1459C. 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 this section, develop criteria for effective 

18 water loss and leak control technology to be used by 

19 public water systems; and 

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

21 manufacturer of such technology may apply, on a 

22 voluntary basis, for certification of compliance with 

23 such criteria.’’. 


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1 SEC. 18. RISKS OF DROUGHT TO DRINKING WATER. 

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

3 300j et seq.) is further amended by adding at the end the 

4 following new section: 

5 ‘‘SEC. 1459D. 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) compile 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 compiled 

9 under subparagraph (B), determine whether 

10 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) FEASIBLE.—For purposes of this section, the 

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

12 1412(b)(4)(D).’’. 

13 SEC. 19. REDUCING LEAD IN DRINKING WATER. 

14 Section 1459B(d) of the Safe Drinking Water Act 

15 (42 U.S.C. 300j–19b(d)) is amended by striking 

16 ‘‘$60,000,000 for each of fiscal years 2017 through 2021’’ 

17 and inserting ‘‘$100,000,000 for each of fiscal years 2018 

18 through 2022’’. 

Æ 


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