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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5320 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 5320

_______________________________________________________________________

                                 AN ACT

 
To amend the Safe Drinking Water Act to increase assistance for States, 
    water systems, and disadvantaged communities; to encourage good 
financial and environmental management of water systems; to strengthen 
     the Environmental Protection Agency's ability to enforce the 
     requirements of the Act; to reduce lead in drinking water; to 
  strengthen the endocrine disruptor screening program; and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Assistance, 
Quality, and Affordability Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Technical assistance for small public water systems.
Sec. 3. Prevailing wages.
Sec. 4. Use of funds.
Sec. 5. Requirements for use of American materials.
Sec. 6. Data on variances, exemptions, and persistent violations.
Sec. 7. Assistance for restructuring.
Sec. 8. Priority and weight of applications.
Sec. 9. Disadvantaged communities.
Sec. 10. Administration of State loan funds.
Sec. 11. State revolving loan funds for American Samoa, Northern 
                            Mariana Islands, Guam, and the Virgin 
                            Islands.
Sec. 12. Authorization of appropriations.
Sec. 13. Negotiation of contracts.
Sec. 14. Affordability of new standards.
Sec. 15. Focus on lifecycle costs.
Sec. 16. Enforcement.
Sec. 17. Reducing lead in drinking water.
Sec. 18. Endocrine disruptor screening program.
Sec. 19. Presence of pharmaceuticals and personal care products in 
                            sources of drinking water.
Sec. 20. Electronic reporting of compliance monitoring data to the 
                            Administrator.
Sec. 21. Budgetary effects.
    (c) References.--Except as otherwise specified, whenever in this 
Act an amendment is expressed in terms of an amendment to a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of the Safe Drinking Water Act (42 U.S.C. 
300f et seq.).

SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.

    Subsection (e) of section 1442 (42 U.S.C. 300j-1(e)) is amended to 
read as follows:
    ``(e) Technical Assistance.--
            ``(1) In general.--The Administrator, directly or through 
        grants or cooperative agreements with nonprofit organizations, 
        may provide technical assistance to small public water systems 
        to enable such systems to achieve and maintain compliance with 
        applicable national primary drinking water regulations.
            ``(2) Types of assistance.--Technical assistance under 
        paragraph (1) may include onsite technical assistance and 
        compliance assistance; circuit-rider and multi-State regional 
        technical assistance programs; training; assistance with 
        implementing source water protection programs; assistance with 
        increasing water or energy efficiency; assistance with 
        designing, installing, or operating sustainable energy 
        infrastructure to produce or capture sustainable energy on site 
        or through water transport; assistance with developing 
        technical, financial, and managerial capacity; assistance with 
        long-term infrastructure planning; assistance with applying for 
        funds from a State loan fund under section 1452; and assistance 
        with implementation of monitoring plans, rules, regulations, 
        and water security enhancements.
            ``(3) Priority.--In providing assistance under this 
        subsection, the Administrator shall give priority to assistance 
        that will promote compliance with national primary drinking 
        water standards, public health protection, and long-term 
        sustainability of small public water systems. In awarding 
        grants and cooperative assistance under paragraph (1) to 
        nonprofit organizations, the Administrator shall (subject to 
        the preceding sentence) give greater weight to nonprofit 
        organizations that, as determined by the Administrator, are 
        most qualified and most effective and that, as determined by 
        the Administrator using information where available, are 
        providing the types of technical assistance that are preferred 
        by small public water systems.
            ``(4) Competitive procedures.--It is the presumption of 
        Congress that any award of assistance under this subsection 
        will be awarded using competitive procedures based on merit. If 
        assistance is awarded under this subsection using procedures 
        other than competitive procedures, the Administrator shall 
        submit to the Congress, within 90 days of the award decision, a 
        report explaining why competitive procedures were not used.
            ``(5) Funding.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                subsection $20,000,000 for each of fiscal years 2011 
                through 2015.
                    ``(B) Prohibition on earmarks.--No funds made 
                available under this subsection may be used to carry 
                out a provision or report language included primarily 
                at the request of a Member, Delegate, Resident 
                Commissioner, or Senator providing, authorizing, or 
                recommending a specific amount of discretionary budget 
                authority, credit authority, or other spending 
                authority for a contract, loan, loan guarantee, grant, 
                loan authority, or other expenditure with or to an 
                entity, or targeted to a specific State, locality, or 
                congressional district, other than through a statutory 
                or administrative formula-driven or competitive award 
                process.
                    ``(C) Lobbying expenses.--No portion of any State 
                loan fund established under section 1452 and no portion 
                of any funds made available under this subsection may 
                be used for lobbying expenses.
                    ``(D) Indian tribes.--Of the total amount made 
                available under this section for each fiscal year, 3 
                percent shall be used for technical assistance to 
                public water systems owned or operated by Indian 
                Tribes.''.

SEC. 3. PREVAILING WAGES.

    Subsection (e) of section 1450 (42 U.S.C. 300j-9) is amended to 
read as follows:
    ``(e) Labor Standards.--
            ``(1) In general.--The Administrator shall take such action 
        as the Administrator determines to be necessary to ensure that 
        each laborer and mechanic employed by a contractor or 
        subcontractor in connection with a construction project 
        financed, in whole or in part, by a grant, loan, loan 
        guarantee, refinancing, or any other form of financial 
        assistance provided under this title (including assistance 
        provided by a State loan fund established under section 1452) 
        is paid wages at a rate of not less than the wages prevailing 
        for the same type of work on similar construction in the 
        immediate locality, as determined by the Secretary of Labor in 
        accordance with subchapter IV of chapter 31 of title 40, United 
        States Code.
            ``(2) Authority of secretary of labor.--With respect to the 
        labor standards specified in this subsection, the Secretary of 
        Labor shall have the authority and functions established in 
        Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.''.

SEC. 4. USE OF FUNDS.

    Section 1452(a)(2) (42 U.S.C. 300j-12(a)(2)) is amended--
            (1) by striking ``Except as otherwise'' and inserting the 
        following:
                    ``(A) In general.--Except as otherwise'';
            (2) by striking ``, or as a source of reserve and security 
        for leveraged loans, the proceeds of which are deposited in a 
        State loan fund established under paragraph (1),'';
            (3) by striking ``Financial assistance under this section'' 
        and inserting the following:
                    ``(B) Permissible expenditures.--Financial 
                assistance under this section'';
            (4) by striking ``The funds may also be used'' and 
        inserting the following:
                    ``(D) Certain loans.--Financial assistance under 
                this section may also be used'';
            (5) by striking ``The funds shall not be used'' and 
        inserting the following:
                    ``(E) Limitation.--Financial assistance under this 
                section shall not be used'';
            (6) by striking ``Of the amount credited'' and inserting 
        the following:
                    ``(F) Set-aside.--Of the amount credited'';
            (7) in subparagraph (B) (as designated by paragraph (3)) by 
        striking ``(not'' and inserting ``(including expenditures for 
        planning, design, siting, and associated preconstruction 
        activities, for replacing or rehabilitating aging treatment, 
        storage, or distribution facilities of public water systems, or 
        for producing or capturing sustainable energy on site or 
        through the transportation of water through the public water 
        system, but not''; and
            (8) by inserting after such subparagraph (B) the following:
                    ``(C) Sale of bonds.--If a State issues revenue or 
                general obligation bonds to provide all or part of the 
                State contribution required by subsection (e), and the 
                proceeds of the sale of such bonds will be deposited 
                into the State loan fund--
                            ``(i) financial assistance made available 
                        under this section may be used by the State as 
                        security for payment of the principal and 
                        interest on such bonds; and
                            ``(ii) interest earnings of the State loan 
                        fund may be used by the State as revenue for 
                        payment of the principal and interest on such 
                        bonds.
                Except as provided in this subparagraph, neither 
                financial assistance made available under this section 
                nor interest earnings of a State loan fund may be used 
                by a State as security for or as revenue for the 
                payment of the principal or interest on any bond, 
                including any tax exempt or tax credit bond issued by a 
                State or any political subdivision thereof.''.

SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATERIALS.

    Section 1452(a) (42 U.S.C. 300j-12(a)) is amended by adding at the 
end the following new paragraph:
            ``(4) Requirements for use of american materials.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, none of the funds made available by a 
                State loan fund as authorized under this section may be 
                used for a project for the construction, alteration, 
                maintenance, or repair of a public water system unless 
                the steel, iron, and manufactured goods used in such 
                project are produced in the United States.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                in any case in which the Administrator (in consultation 
                with the Governor of the State) finds that--
                            ``(i) applying subparagraph (A) would be 
                        inconsistent with the public interest;
                            ``(ii) steel, iron, and manufactured goods 
                        are not produced in the United States in 
                        sufficient and reasonably available quantities 
                        and of a satisfactory quality; or
                            ``(iii) inclusion of steel, iron, and 
                        manufactured goods produced in the United 
                        States will increase the cost of the overall 
                        project by more than 25 percent.
                    ``(C) Public notification and written justification 
                for waiver.--If the Administrator determines that it is 
                necessary to waive the application of subparagraph (A) 
                based on a finding under subparagraph (B), the 
                Administrator shall--
                            ``(i) not less than 15 days prior to 
                        waiving application of subparagraph (A), 
                        provide public notice and the opportunity to 
                        comment on the Administrator's intent to issue 
                        such waiver; and
                            ``(ii) upon issuing such waiver, publish in 
                        the Federal Register a detailed written 
                        justification as to why the provision is being 
                        waived.
                    ``(D) Consistency with international agreements.--
                This paragraph shall be applied in a manner consistent 
                with United States obligations under international 
                agreements.''.

SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PERSISTENT VIOLATIONS.

    Section 1452(b)(2) (42 U.S.C. 300j-12(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) a list of all water systems within the State 
                that have in effect an exemption or variance for any 
                national primary drinking water regulation or that are 
                in persistent violation of the requirements for any 
                maximum contaminant level or treatment technique under 
                a national primary drinking water regulation, including 
                identification of--
                            ``(i) the national primary drinking water 
                        regulation in question for each such exemption, 
                        variance, or violation; and
                            ``(ii) the date on which the exemption or 
                        variance came into effect or the violation 
                        began.''.

SEC. 7. ASSISTANCE FOR RESTRUCTURING.

    (a) Definition.--Section 1401 (42 U.S.C. 300f) is amended by adding 
at the end the following:
            ``(17) Restructuring.--The term `restructuring' means 
        changes in operations (including ownership, management, 
        cooperative partnerships, joint purchasing arrangements, 
        consolidation, and alternative water supply).''.
    (b) Restructuring.--Clause (ii) of section 1452(a)(3)(B) (42 U.S.C. 
300j-12(a)(3)(B)) is amended by striking ``changes in operations 
(including ownership, management, accounting, rates, maintenance, 
consolidation, alternative water supply, or other procedures)'' and 
inserting ``restructuring''.

SEC. 8. PRIORITY AND WEIGHT OF APPLICATIONS.

    (a) Priority.--Section 1452(b)(3) (42 U.S.C. 300j-12(b)(3)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) improve the ability of systems to 
                        protect human health and comply with the 
                        requirements of this title affordably in the 
                        future.'';
            (2) by redesignating subparagraph (B) as subparagraph (D);
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Affordability of new standards.--For any year 
                in which enforcement begins for a new national primary 
                drinking water standard, each State that has entered 
                into a capitalization agreement pursuant to this 
                section shall evaluate whether capital improvements 
                required to meet the standard are affordable for 
                disadvantaged communities in the State. If the State 
                finds that such capital improvements do not meet 
                affordability criteria for disadvantaged communities in 
                the State, the State's intended use plan shall provide 
                that priority for the use of funds for such year be 
                given to public water systems affected by the standard 
                and serving disadvantaged communities.
                    ``(C) Weight given to applications.--After 
                determining priority under subparagraphs (A) and (B), 
                an intended use plan shall provide that the State will 
                give greater weight to an application for assistance if 
                the application contains--
                            ``(i) a description of measures undertaken 
                        by the system to improve the management and 
                        financial stability of the system, which may 
                        include--
                                    ``(I) an inventory of assets, 
                                including a description of the 
                                condition of the assets;
                                    ``(II) a schedule for replacement 
                                of assets;
                                    ``(III) an audit of water losses;
                                    ``(IV) a financing plan that 
                                factors in all lifecycle costs 
                                indicating sources of revenue from 
                                ratepayers, grants, bonds, other loans, 
                                and other sources to meet the costs; 
                                and
                                    ``(V) a review of options for 
                                restructuring;
                            ``(ii) a demonstration of consistency with 
                        State, regional, and municipal watershed plans;
                            ``(iii) a water conservation plan 
                        consistent with guidelines developed for such 
                        plans by the Administrator under section 
                        1455(a); and
                            ``(iv) a description of measures undertaken 
                        by the system to improve the efficiency of the 
                        system or reduce the system's environmental 
                        impact, which may include--
                                    ``(I) water efficiency or 
                                conservation, including the 
                                rehabilitation or replacement of 
                                existing leaking pipes;
                                    ``(II) use of reclaimed water;
                                    ``(III) actions to increase energy 
                                efficiency;
                                    ``(IV) actions to generate or 
                                capture sustainable energy on site or 
                                through the transportation of water 
                                through the system;
                                    ``(V) actions to protect source 
                                water;
                                    ``(VI) actions to mitigate or 
                                prevent corrosion, including design, 
                                selection of materials, selection of 
                                coating, and cathodic protection; and
                                    ``(VII) actions to reduce 
                                disinfection byproducts.''; and
            (4) in subparagraph (D) (as redesignated by paragraph (2)) 
        by striking ``periodically'' and inserting ``at least 
        biennially''.
    (b) Guidance.--Section 1452 (42 U.S.C. 300j-12) is amended--
            (1) by redesignating subsection (r) as subsection (s); and
            (2) by inserting after subsection (q) the following:
    ``(r) Small System Guidance.--The Administrator may provide 
guidance and, as appropriate, tools, methodologies, or computer 
software, to assist small systems in undertaking measures to improve 
the management, financial stability, and efficiency of the system or 
reduce the system's environmental impact.''.

SEC. 9. DISADVANTAGED COMMUNITIES.

    (a) Assistance To Increase Compliance.--Section 1452(b)(3) (42 
U.S.C. 300j-12(b)(3)), as amended, is further amended by adding at the 
end the following:
                    ``(E) Assistance to increase compliance.--A State's 
                intended use plan shall provide that, of the funds 
                received by the State through a capitalization grant 
                under this section for a fiscal year, the State will, 
                to the extent that there are sufficient eligible 
                project applications, reserve not less than 6 percent 
                to be spent on assistance under subsection (d) to 
                public water systems included in the State's most 
                recent list under paragraph (2)(D).''.
    (b) Assistance for Disadvantaged Communities.--Section 1452(d) (42 
U.S.C. 300j-12(d)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``Such additional subsidization shall directly and primarily 
        benefit the disadvantaged community.''; and
            (2) in paragraph (3), by inserting ``, or portion of a 
        service area,'' after ``service area''.
    (c) Affordability Criteria.--Section 1452(d)(3) is amended by 
adding at the end: ``Each State that has entered into a capitalization 
agreement pursuant to this section shall, in establishing affordability 
criteria, consider, solicit public comment on, and include as 
appropriate--
                    ``(A) the methods or criteria that the State will 
                use to identify disadvantaged communities;
                    ``(B) a description of the institutional, 
                regulatory, financial, tax, or legal factors at the 
                Federal, State, or local level that affect identified 
                affordability criteria; and
                    ``(C) a description of how the State will use the 
                authorities and resources under this subsection to 
                assist communities meeting the identified criteria.''.

SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS.

    Section 1452(g) (42 U.S.C. 300j-12(g)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``up to 4 
                percent of the funds allotted to the State under this 
                section'' and inserting ``, for each fiscal year, an 
                amount that does not exceed the sum of the amount of 
                any fees collected by the State for use in covering 
                reasonable costs of administration of programs under 
                this section, regardless of the source, and an amount 
                equal to the greatest of $400,000, \1/5\ of one percent 
                of the current valuation of the State loan fund, or 6 
                percent of all grant awards to the State loan fund 
                under this section for the fiscal year,'';
                    (B) by striking ``1419,'' and all that follows 
                through ``1993.'' and inserting ``1419.''; and
                    (C) in the matter following subparagraph (D), by 
                striking ``2 percent'' and inserting ``4 percent''; and
            (2) by adding at the end the following:
            ``(5) Transfer of funds.--
                    ``(A) In general.--The Governor of a State may--
                            ``(i) reserve for any fiscal year not more 
                        than the lesser of--
                                    ``(I) 33 percent of a 
                                capitalization grant made under this 
                                section; or
                                    ``(II) 33 percent of a 
                                capitalization grant made under section 
                                601 of the Federal Water Pollution 
                                Control Act; and
                            ``(ii) add the funds so reserved to any 
                        funds provided to the State under this section 
                        or section 601 of the Federal Water Pollution 
                        Control Act.
                    ``(B) State matching funds.--Funds reserved under 
                this paragraph shall not be considered for purposes of 
                calculating the amount of a State contribution required 
                by subsection (e) of this section or section 602(b) of 
                the Federal Water Pollution Control Act.''.

SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN SAMOA, NORTHERN 
              MARIANA ISLANDS, GUAM, AND THE VIRGIN ISLANDS.

    Section 1452(j) (42 U.S.C. 300j-12(j)) is amended by striking 
``0.33 percent'' and inserting ``1 percent''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (m) of section 1452 (42 U.S.C. 300j-12) is amended to 
read as follows:
    ``(m) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $1,400,000,000 for fiscal year 2011;
                    ``(B) $1,600,000,000 for fiscal year 2012; and
                    ``(C) $1,800,000,000 for fiscal year 2013.
            ``(2) Availability.--Amounts made available pursuant to 
        this subsection shall remain available until expended.
            ``(3) Reservation for needs surveys.--Of the amount made 
        available under paragraph (1) to carry out this section for a 
        fiscal year, the Administrator may reserve not more than 
        $1,000,000 per year to pay the costs of conducting needs 
        surveys under subsection (h).''.

SEC. 13. NEGOTIATION OF CONTRACTS.

    Section 1452 (42 U.S.C. 300j-12), as amended, is further amended by 
adding at the end the following:
    ``(t) Negotiation of Contracts.--For community water systems 
serving communities with populations of more than 10,000 individuals, a 
contract to be carried out using funds made available through a 
capitalization grant under this section for program management, 
construction management, feasibility studies, preliminary engineering, 
design, engineering, surveying, mapping, or architectural or related 
services shall be negotiated in the same manner as--
            ``(1) a contract for architectural and engineering services 
        is negotiated under chapter 11 of title 40, United States Code; 
        or
            ``(2) a contract subject to an equivalent State or local 
        qualifications-based requirement (as determined by the Governor 
        of the State).''.

SEC. 14. AFFORDABILITY OF NEW STANDARDS.

    (a) Treatment Technologies for Small Public Water Systems.--Clause 
(ii) of section 1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)) is amended by 
adding at the end the following: ``If no technology, treatment 
technique, or other means is included in a list under this subparagraph 
for a category of small public water systems, the Administrator shall 
periodically review the list and supplement it when new technology 
becomes available.''.
    (b) Assistance for Disadvantaged Communities.--
            (1) In general.--Subparagraph (E) of section 1452(a)(1) (42 
        U.S.C. 300j-12(a)(1)) is amended--
                    (A) by striking ``except that the Administrator may 
                reserve'' and inserting ``except that--
                            ``(i) in any year in which enforcement of a 
                        new national primary drinking water standard 
                        begins, the Administrator may use the remaining 
                        amount to make grants to States whose public 
                        water systems are disproportionately affected 
                        by the new standard for the provision of 
                        assistance under subsection (d) to such public 
                        water systems;
                            ``(ii) the Administrator may reserve''; and
                    (B) by striking ``and none of the funds 
                reallotted'' and inserting ``; and
                            ``(iii) none of the funds reallotted''.
            (2) Elimination of certain provisions.--
                    (A) Section 1412(b) (42 U.S.C. 300g-1(b)) is 
                amended by striking paragraph (15).
                    (B) Section 1415 (42 U.S.C. 300g-4) is amended by 
                striking subsection (e).
            (3) Conforming amendment.--Subparagraph (B) of section 
        1414(c)(1) (42 U.S.C. 300g-3(c)(1)(B)) is amended by striking 
        ``(a)(2), or (e)'' and inserting ``or (a)(2)''.

SEC. 15. FOCUS ON LIFECYCLE COSTS.

    Section 1412(b)(4) (42 U.S.C. 300g-1(b)(4)) is amended--
            (1) in subparagraph (D), by striking ``taking cost into 
        consideration'' and inserting ``taking lifecycle costs, 
        including maintenance, replacement, and avoided costs, into 
        consideration''; and
            (2) in the matter preceding subclause (I) in subparagraph 
        (E)(ii), by inserting ``taking lifecycle costs, including 
        maintenance, replacement, and avoided costs, into 
        consideration,'' after ``as determined by the Administrator in 
        consultation with the States,''.

SEC. 16. ENFORCEMENT.

    (a) Advice and Technical Assistance.--Section 1414 (42 U.S.C. 300g-
3) is amended--
            (1) in the matter following clause (ii) in subsection 
        (a)(1)(A), by striking ``and provide such advice and technical 
        assistance to such State and public water system as may be 
        appropriate to bring the system into compliance with the 
        requirement by the earliest feasible time''; and
            (2) in subsection (a)(1), by adding at the end the 
        following:
    ``(C) At any time after providing notice of a violation to a State 
and public water system under subparagraph (A), the Administrator may 
provide such advice and technical assistance to such State and public 
water system as may be appropriate to bring the system into compliance 
with the requirement by the earliest feasible time. In deciding whether 
the provision of advice or technical assistance is appropriate, the 
Administrator may consider the potential for the violation to result in 
serious adverse effects to human health, whether the violation has 
occurred continuously or frequently, and the effectiveness of past 
technical assistance efforts.''.
    (b) Additional Inspections.--
            (1) In general.--Section 1414 (42 U.S.C. 300g-3) is 
        amended--
                    (A) by redesignating subsections (d) through (i) as 
                subsections (e) through (j), respectively; and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Additional Inspections Following Violations.--
            ``(1) In general.--The Administrator shall, by regulation, 
        and after consultation with the States, prescribe the number, 
        frequency, and type of additional inspections to follow any 
        violation requiring notice under subsection (c). Regulations 
        under this subsection shall--
                    ``(A) take into account--
                            ``(i) differences between violations that 
                        are intermittent or infrequent and violations 
                        that are continuous or frequent;
                            ``(ii) the seriousness of any potential 
                        adverse health effects that may be involved; 
                        and
                            ``(iii) the number and severity of past 
                        violations by the public water system; and
                    ``(B) specify procedures for inspections following 
                a violation by a public water system that has the 
                potential to have serious adverse effects on human 
                health as a result of short-term exposure.
            ``(2) State primary enforcement responsibility.--Nothing in 
        this subsection shall be construed or applied to modify the 
        requirements of section 1413.''.
            (2) Conforming amendments.--
                    (A) Subsections (a)(1)(B), (a)(2)(A), and (b) of 
                section 1414 (42 U.S.C. 300g-3) are amended by striking 
                ``subsection (g)'' each place it appears and inserting 
                ``subsection (h)''.
                    (B) Section 1448(a) is amended by striking 
                ``1414(g)(3)(B)'' and inserting ``1414(h)(3)(B)''.

SEC. 17. REDUCING LEAD IN DRINKING WATER.

    (a) In General.--Section 1417 (42 U.S.C. 300g-6) is amended--
            (1) by adding at the end of subsection (a) the following:
            ``(4) Exemptions.--The prohibitions in paragraphs (1) and 
        (3) shall not apply to--
                    ``(A) pipes, pipe fittings, plumbing fittings, or 
                fixtures, including backflow preventers, that are used 
                exclusively for nonpotable services such as 
                manufacturing, industrial processing, irrigation, 
                outdoor watering, or any other uses where the water is 
                not anticipated to be used for human consumption; or
                    ``(B) toilets, bidets, urinals, fill valves, 
                flushometer valves, tub fillers, shower valves, service 
                saddles, or water distribution main gate valves that 
                are 2 inches in diameter or larger.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Definition of Lead Free.--
            ``(1) In general.--For the purposes of this section, the 
        term `lead free' means--
                    ``(A) not containing more than 0.2 percent lead 
                when used with respect to solder and flux; and
                    ``(B) not more than a weighted average of 0.25 
                percent lead when used with respect to the wetted 
                surfaces of pipes, pipe fittings, plumbing fittings, 
                and fixtures.
            ``(2) Calculation.--The weighted average lead content of a 
        pipe, pipe fitting, plumbing fitting, or fixture shall be 
        calculated by using the following formula: For each wetted 
        component, the percentage of lead in the component shall be 
        multiplied by the ratio of the wetted surface area of that 
        component to the total wetted surface area of the entire 
        product to arrive at the weighted percentage of lead of the 
        component. The weighted percentage of lead of each wetted 
        component shall be added together, and the sum of these 
        weighted percentages shall constitute the weighted average lead 
        content of the product. The lead content of the material used 
        to produce wetted components shall be used to determine 
        compliance with paragraph (1)(B). For lead content of materials 
        that are provided as a range, the maximum content of the range 
        shall be used.''.
    (b) Effective Date.--The provisions of subsections (a)(4) and (d) 
of section 1417 of the Safe Drinking Water Act, as added by this 
section, apply beginning on the day that is 36 months after the date of 
the enactment of this Act.

SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM.

    Section 1457 (42 U.S.C. 300j-17) is amended to read as follows:

                ``endocrine disruptor screening program

    ``Sec. 1457.  (a) Testing of Substances.--
            ``(1) In general.--In carrying out the screening program 
        under section 408(p) of the Federal Food, Drug, and Cosmetic 
        Act, the Administrator shall provide for the testing of 
        substances described in paragraph (2) in addition to the 
        substances described in section 408(p)(3) of such Act.
            ``(2) Covered substances.--A substance is subject to 
        testing pursuant to paragraph (1) if--
                    ``(A) the substance may be found in sources of 
                drinking water; and
                    ``(B) the Administrator determines that a 
                substantial population may be exposed to such 
                substance.
            ``(3) Substances already subject to testing.--
        Notwithstanding paragraph (2), a substance is not subject to 
        testing pursuant to paragraph (1) if--
                    ``(A) the substance is already subject to 
                evaluation determined by the Administrator to be 
                equivalent to testing pursuant to paragraph (1); or
                    ``(B) the Administrator has already determined the 
                effect of the substance on the endocrine system.
            ``(4) Substances derived from degradation or metabolism of 
        another substance.--If a substance subject to testing pursuant 
        to paragraph (1) (in this paragraph referred to as the `covered 
        substance') is derived from the degradation or metabolism of 
        another substance, or is used in or generated by the 
        manufacture of another substance, the Administrator shall 
        provide for such testing of the covered substance by the 
        importer or manufacturer of the other substance.
    ``(b) Identification and Testing of Endocrine Disrupting Substances 
That May Be in Drinking Water.--
            ``(1) Identification.--Not later than 1 year after the date 
        of the enactment of the Assistance, Quality, and Affordability 
        Act of 2010, after opportunity for comment, the Administrator 
        shall publish--
                    ``(A) a list of no fewer than 100 substances for 
                testing pursuant to subsection (a)(1) (in accordance 
                with the schedule specified in paragraph (3)); and
                    ``(B) a plan for the identification of additional 
                substances for testing pursuant to subsection (a)(1), 
                and a schedule for issuing test orders for all such 
                additional substances by not later than 10 years after 
                the date of the enactment of the Assistance, Quality, 
                and Affordability Act of 2010, with the goal of 
                testing, at a minimum and consistent with subsection 
                (a), all substances that have been placed on the 
                Drinking Water Preliminary Contaminant Candidate List 
                published pursuant to section 1412(b)(1)(B)(i).
        In publishing the plan and schedule required by subparagraph 
        (B), the Administrator shall obtain advice and direction from 
        the Science Advisory Board.
            ``(2) Prioritization; considerations.--In selecting 
        substances for listing under paragraph (1)(A) or identification 
        pursuant to the plan under paragraph (1)(B), the 
        Administrator--
                    ``(A) shall prioritize the selection of substances 
                that pose the greatest public health concern, using the 
                best available science and taking into consideration 
                (among other factors of public health concern) the 
                effect of such substances on subgroups that comprise a 
                meaningful portion of the general population (such as 
                infants, children, pregnant women, the elderly, 
                individuals with a history of serious illness, and 
                other subpopulations) that are identifiable as being at 
                greater risk of adverse health effects due to exposure 
                to substances in drinking water; and
                    ``(B) shall take into consideration--
                            ``(i) available information on the extent 
                        of potential public exposures to the substances 
                        through drinking water; and
                            ``(ii) the Drinking Water Preliminary 
                        Contaminant Candidate List published pursuant 
                        to section 1412(b)(1)(B)(i).
            ``(3) Schedule.--After publication of the list under 
        paragraph (1)(A), the Administrator shall issue test orders 
        for--
                    ``(A) at least 25 substances on the list by the end 
                of each year during the 4-year period following the 
                date of the enactment of the Assistance, Quality, and 
                Affordability Act of 2010; and
                    ``(B) all substances on the list by the end of such 
                4-year period.
    ``(c) Testing Protocol Process.--
            ``(1) In general.--Not later than 2 years after the date of 
        the enactment of the Assistance, Quality, and Affordability Act 
        of 2010, the Administrator shall, after opportunity for 
        comment, and after obtaining advice and direction from the 
        Science Advisory Board, publish guidance on developing and 
        updating protocols for testing of possible endocrine disruptors 
        that may be found in sources of drinking water. The guidance 
        shall specify--
                    ``(A) the manner in which the Administrator will 
                evaluate and, where necessary, revise such protocols;
                    ``(B) the manner in which the Administrator will 
                determine when testing of substances will be required; 
                and
                    ``(C) the procedures by which other scientifically 
                relevant information can be used in lieu of some or all 
                of the information that otherwise would be collected 
                pursuant to testing under section 408(p) of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(2) Minimum contents.--The procedures specified pursuant 
        to paragraph (1)(C) shall ensure that the Administrator may use 
        information that is prepared or provided by any person 
        (including a registrant, manufacturer, or importer of a 
        substance for which testing is required, and any other entity) 
        and shall apply equally with respect to any such person.
            ``(3) Amendments.--The Administrator may, after opportunity 
        for comment, and after obtaining advice and direction from the 
        Science Advisory Board, amend any guidance published pursuant 
        to this subsection.
    ``(d) Revision of Testing Protocols.--Not later than 2 years after 
the date of the enactment of the Assistance, Quality, and Affordability 
Act of 2010, the Administrator shall, after opportunity for comment, 
determine whether sufficient scientific information has been developed 
to warrant updating the screening protocols developed under section 
408(p) of the Federal Food, Drug, and Cosmetic Act for substances that 
may be found in sources of drinking water. Not later than 5 years after 
the date of the enactment of the Assistance, Quality, and Affordability 
Act of 2010 and every 3 years thereafter, the Administrator shall 
determine, consistent with the guidance published under subsection (c), 
whether to revise screening protocols under such section for substances 
that may be found in sources of drinking water based on significant 
improvements in the sensitivity, accuracy, reliability, 
reproducibility, or efficiency of such protocols, or a reduction in the 
number of animals required to conduct such protocols. Whenever the 
Administrator revises such a protocol, the Administrator shall also 
determine, after obtaining advice and direction from the Science 
Advisory Board, whether any substance that has already been subjected 
to testing should be tested using the revised protocol.
    ``(e) Valid Scientific Data.--Any testing protocols pursuant to 
this section shall be designed to produce scientific results that are 
based on--
            ``(1) verifiable measurements with sufficiently small error 
        rates;
            ``(2) well-controlled measurements whose interpretation is 
        not confounded by extraneous influences; and
            ``(3) results that are repeatable by independent 
        scientists.
    ``(f) Results of Testing.--
            ``(1) Publication of data evaluation records.--Not later 
        than 6 months after receipt of testing results for a substance 
        that may be found in sources of drinking water, the 
        Administrator shall prepare and, consistent with subsection 
        (g), publish data evaluation records for such results in a 
        publicly searchable database.
            ``(2) Administrative action.--Not later than 6 months after 
        receipt of test results that determine the endocrine-related 
        effects caused by a substance that may be found in sources of 
        drinking water, the Administrator shall--
                    ``(A) determine whether to take action related to 
                the substance pursuant to the agency's statutory 
                authority; and
                    ``(B) consistent with subsection (g), publish such 
                determination in a publicly searchable database.
        Nothing in this section shall be construed to affect the 
        Administrator's authority to take action under other provisions 
        of law.
            ``(3) Structured evaluation framework.--To assess the 
        overall weight of the evidence and relevance to human health of 
        results of testing for substances that may be found in sources 
        of drinking water, the Administrator shall develop and use a 
        structured evaluative framework consisting of science-based 
        criteria, consistent with the protection of public health, for 
        systematically evaluating endocrine mode of action and for 
        determining data relevance, quality, and reliability.
    ``(g) Public Database.--Beginning not later than 180 days after the 
date of the enactment of the Assistance, Quality, and Affordability Act 
of 2010 and consistent with section 552 of title 5, United States Code, 
the Administrator shall publish, in electronic format, a publicly 
searchable database that contains information regarding the testing 
program. Not later than 30 days after the date on which the information 
becomes available, the Administrator shall ensure that, at a minimum, 
the database--
            ``(1) identifies the substances selected for testing under 
        the program; and
            ``(2) includes the documents and information pertaining to 
        the status of testing activities for each such substance, 
        including test orders, deadlines for submission, the 
        Environmental Protection Agency's data evaluation records, any 
        scientific information on which the Administrator based actions 
        under subsection (f), the Administrator's determination under 
        subsection (f) on whether action will be taken under other 
        statutory authority, and the summary of chemical test results.
    ``(h) Petition for Inclusion of a Substance in the Program.--
            ``(1) In general.--Any person may submit a petition to the 
        Administrator to add a substance to the list under subsection 
        (b)(1)(A) or identify a substance pursuant to the plan under 
        subsection (b)(1)(B).
            ``(2) Specification of facts.--Any petition under paragraph 
        (1) shall specify the facts that are claimed to establish that 
        an action described in paragraph (1) is warranted.
            ``(3) Administrative action.--Not later than 90 days after 
        the filing of a petition described under paragraph (1), the 
        Administrator shall determine whether the petition has 
        established that an action described in paragraph (1) is 
        warranted and shall grant or deny the petition. If the 
        Administrator grants such petition, the Administrator shall 
        promptly add the substance to the list under subsection 
        (b)(1)(A) or identify the substance pursuant to the plan under 
        subsection (b)(1)(B), as applicable. If the Administrator 
        denies the petition, the Administrator shall publish the 
        reasons for such denial in the Federal Register.
    ``(i) Coordination With Other Federal Agencies.--After the 
Administrator--
            ``(1) requires testing of a substance that may be found in 
        sources of drinking water, or
            ``(2) based in whole or in part on the results of testing 
        of such a substance, takes action related to the substance 
        pursuant to the agency's statutory authority,
the Administrator shall give notice of such testing or action to 
Federal agencies which are authorized by other provisions of law to 
regulate the substance or products, materials, medications, processes, 
or practices that use the substance.
    ``(j) Reporting Requirement.--Not later than 1 year after the date 
of the enactment of the Assistance, Quality, and Affordability Act of 
2010 and every 3 years thereafter, the Administrator shall provide a 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate that describes--
            ``(1) progress made in identifying and testing potential 
        endocrine disruptors as well as plans for future activities;
            ``(2) any change in screening or testing methodology and 
        evaluation or criteria for evaluating scientifically relevant 
        information;
            ``(3) actions taken to ensure communication and sharing of 
        scientific information with other Federal agencies and the 
        public; and
            ``(4) any deviations from the plan or schedule published 
        under subsection (b)(1)(B) as well as the reasons therefor.
    ``(k) Testing Consortia, Compensation, and Compliance.--
            ``(1) In general.--Any person required by the Administrator 
        to conduct testing of an endocrine disruptor that may be found 
        in sources of drinking water may--
                    ``(A) submit, on its own, data in response to an 
                order for such testing; and
                    ``(B) form (on a voluntary basis) a consortium in 
                order to satisfy the requirements of one or more orders 
                for such testing.
            ``(2) Reliance on consortium submissions.--Each member of a 
        consortium described in paragraph (1)(B) shall have full rights 
        to rely on all submissions of the consortium to satisfy the 
        requirements of any order for testing, but continues to be 
        individually subject to such requirements.
            ``(3) Sharing of costs.--
                    ``(A) In general.--Each member of a consortium 
                described in paragraph (1)(B) shall share the 
                applicable costs according to appropriate arrangements 
                established by the consortium members.
                    ``(B) Binding offer.--Whenever, to satisfy the 
                requirements of one or more orders for testing, any 
                person offers to form or join a consortium described in 
                paragraph (1)(B), or offers compensation to a person 
                that has already submitted data to the Administrator 
                satisfying an order for testing, such offer shall 
                constitute a binding offer to share an appropriate 
                portion of the applicable costs.
                    ``(C) Applicable costs.--In this subsection, the 
                term `applicable costs' includes the costs--
                            ``(i) incurred to generate and report 
                        information to comply with an order for 
                        testing; or
                            ``(ii) associated with the organization and 
                        administration of the consortium.
            ``(4) Dispute resolution.--
                    ``(A) In general.--In the event of any dispute 
                about an appropriate share or a fair method of 
                determining an appropriate share of applicable costs of 
                the testing requirements in a test order, any person 
                involved in the dispute may initiate binding 
                arbitration proceedings by requesting the Federal 
                Mediation and Conciliation Service to appoint an 
                arbitrator from the roster of arbitrators maintained by 
                such Service or a hearing with a regional office of the 
                American Arbitration Association. A copy of the request 
                shall be sent to each person from whom the requesting 
                party seeks compensation or who seeks compensation from 
                that party.
                    ``(B) No review of findings and determination.--The 
                findings and determination of the arbitrator in a 
                dispute initiated pursuant to subparagraph (A) shall be 
                final and conclusive, and no official or court of the 
                United States shall have power or jurisdiction to 
                review any such findings and determination, except in 
                the case of fraud, misrepresentation, or other 
                misconduct by one of the parties to the arbitration or 
                by the arbitrator.
                    ``(C) Payment of fee and expenses.--The parties to 
                arbitration initiated pursuant to subparagraph (A) 
                shall share equally in the payment of the fee and 
                expenses of the arbitrator.
            ``(5) Enforcement.--If the Administrator determines that 
        any person seeking to comply with an order for testing by 
        relying on a submission made by a consortium or an original 
        data submitter has failed to make an offer in accordance with 
        paragraph (3)(B), to participate in an arbitration proceeding 
        under paragraph (4), or to comply with the terms of an 
        agreement or arbitration decision concerning sharing of 
        applicable costs under paragraph (3), that person is deemed to 
        have failed to comply with an order under subparagraph (A) of 
        section 408(p)(5) of the Federal Food, Drug, and Cosmetic Act 
        for purposes of subparagraphs (B) and (C) of such section.
    ``(l) Definitions.--In this section:
            ``(1) The term `endocrine disruptor' means an exogenous 
        agent or mixture of agents that interferes or alters the 
        synthesis, secretion, transport, metabolism, binding action, or 
        elimination of hormones that are present in the body and are 
        responsible for homeostasis, growth, neurological signaling, 
        reproduction and developmental process, or any other effect 
        that the Administrator has designated as an `endocrine effect' 
        pursuant to section 408(p)(1) of the Federal Food, Drug, and 
        Cosmetic Act.
            ``(2) The term `testing' means the testing of a substance 
        pursuant to the screening program under section 408(p) of the 
        Federal Food, Drug, and Cosmetic Act, including a test of a 
        substance that is intended to identify substances that have the 
        potential to interact with the endocrine system or that is 
        intended to determine the endocrine-related effects caused by 
        such substance and obtain information about effects at various 
        doses.
    ``(m) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $5,000,000 for each of fiscal 
years 2011 through 2015.''.

SEC. 19. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN 
              SOURCES OF DRINKING WATER.

    Subsection (a) of section 1442 (42 U.S.C. 300j-1) is amended by 
adding at the end the following:
    ``(11) Presence of Pharmaceuticals and Personal Care Products in 
Sources of Drinking Water.--
            ``(A) Study.--The Administrator shall carry out a study on 
        the presence of pharmaceuticals and personal care products in 
        sources of drinking water, which shall--
                    ``(i) identify pharmaceuticals and personal care 
                products that have been detected in sources of drinking 
                water and the levels at which such pharmaceuticals and 
                personal care products have been detected;
                    ``(ii) identify the sources of pharmaceuticals and 
                personal care products in sources of drinking water, 
                including point sources and nonpoint sources of 
                pharmaceutical and personal care products;
                    ``(iii) identify the effects of such products on 
                humans, the environment, and the safety of drinking 
                water; and
                    ``(iv) identify methods to control, limit, treat, 
                or prevent the presence of such products.
            ``(B) Consultation.--The Administrator shall conduct the 
        study described in subparagraph (A) in consultation with the 
        Secretary of Health and Human Services (acting through the 
        Commissioner of Food and Drugs), the Director of the United 
        States Geological Survey, the heads of other appropriate 
        Federal agencies (including the National Institute of 
        Environmental Health Sciences), and other interested 
        stakeholders (including manufacturers of pharmaceuticals and 
        personal care products and consumer groups and advocates).
            ``(C) Report.--Not later than 2 years after the date of the 
        enactment of this paragraph, the Administrator shall submit to 
        the Congress a report on the results of the study carried out 
        under this paragraph.
            ``(D) Definitions.--In this paragraph:
                    ``(i) The term `personal care product' has the 
                meaning given the term `cosmetic' in section 201 of the 
                Federal Food, Drug, and Cosmetic Act.
                    ``(ii) The term `pharmaceutical' has the meaning 
                given the term `drug' in section 201 of the Federal 
                Food, Drug, and Cosmetic Act.''.

SEC. 20. ELECTRONIC REPORTING OF COMPLIANCE MONITORING DATA TO THE 
              ADMINISTRATOR.

    (a) Requirement.--Section 1414 (42 U.S.C. 300g-3), as amended, is 
further amended by adding at the end the following:
    ``(k) Electronic Reporting of Compliance Monitoring Data to the 
Administrator.--The Administrator shall by rule establish requirements 
for--
            ``(1) electronic submission by public water systems of all 
        compliance monitoring data--
                    ``(A) to the Administrator; or
                    ``(B) with respect to public water systems in a 
                State which has primary enforcement responsibility 
                under section 1413, to such State; and
            ``(2) electronic submission to the Administrator by each 
        State which has primary enforcement responsibility under 
        section 1413 of all compliance monitoring data submitted to 
        such State by public water systems pursuant to paragraph 
        (1)(B).''.
    (b) Final Rule.--Not later than 12 months after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall issue a final rule to carry out section 1414(k) 
of the Safe Drinking Water Act, as added by subsection (a).

SEC. 21. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 30 (legislative 
      day July 29), 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 5320

_______________________________________________________________________

                                 AN ACT

To amend the Safe Drinking Water Act to increase assistance for States, 
    water systems, and disadvantaged communities; to encourage good 
financial and environmental management of water systems; to strengthen 
     the Environmental Protection Agency's ability to enforce the 
     requirements of the Act; to reduce lead in drinking water; to 
  strengthen the endocrine disruptor screening program; and for other 
                               purposes.
```