II 

116TH CONGRESS 

1ST SESSION S. 1613 

To amend the Safe Drinking Water Act to update and modernize the reporting requirements for contaminants, including lead, in drinking water, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2019 

Mr. MARKEY (for himself, Mr. CARPER, Ms. BALDWIN, Ms. HARRIS, Ms. 

SMITH, Mr. SANDERS, Mr. WHITEHOUSE, Mr. VAN HOLLEN, Mr. 

CARDIN, Ms. DUCKWORTH, Mr. MERKLEY, Mr. BOOKER, and Mrs. 

GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Safe Drinking Water Act to update and modernize the reporting requirements for contaminants, including lead, in drinking water, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contaminant and Lead 

5 Electronic Accounting and Reporting Requirements for 

6 (CLEARR) Drinking Water Act of 2019’’. 


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1 SEC. 2. ASSISTANCE FOR SMALL AND DISADVANTAGED 

2 COMMUNITIES. 

3 Section 1459A of the Safe Drinking Water Act (42 

4 U.S.C. 300j–19a) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (B), by redesig8 nating clauses (i) through (iii) as sub9 clauses (I) through (III), respectively, and 

10 indenting appropriately; and 

11 (ii) by redesignating subparagraphs 

12 (A) and (B) as clauses (i) and (ii), respec13 tively, and indenting appropriately; 

14 (B) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively, 

16 and indenting appropriately; and 

17 (C) by striking the subsection designation 

18 and heading and all that follows through ‘‘this 

19 section:’’ and inserting the following: 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) DISADVANTAGED COMMUNITY.—The term 

22 ‘disadvantaged community’ has the meaning given 

23 the term in section 1452(d)(3). 

24 ‘‘(2) UNDERSERVED COMMUNITY.—’’; 

25 (2) in subsection (b)(2)— 


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1 (A) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (C), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

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

7 ‘‘(D) the purchase of filters certified by the 

8 National Sanitation Foundation and the Water 

9 Quality Association for the removal of contami10 nants of concern in the public water system; 

11 ‘‘(E) providing accurate and current infor12 mation about— 

13 ‘‘(i) the need for filtration, filter safe14 ty, and proper maintenance practices; and 

15 ‘‘(ii) options for replacing lead service 

16 lines (as defined in section 1459B(a)) and 

17 removing other sources of lead in water; 

18 ‘‘(F) entering into contracts with nonprofit 

19 organizations with water system technical ex20 pertise, as determined by the Administrator, to 

21 assist disadvantaged communities that are in 

22 significant noncompliance with this Act with 

23 asset management and mapping activities, if 

24 those contracts use not greater than 2 percent 


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1 of the funds awarded by a grant under this sec2 tion; and 

3 ‘‘(G) any other project or activity the Ad4 ministrator determines to be necessary and in 

5 furtherance of the purpose of assisting public 

6 water systems in meeting the requirements of 

7 this title.’’; and 

8 (3) by striking subsection (k) and inserting the 

9 following: 

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

11 are authorized to be appropriated to carry out subsections 

12 (a) through (j) of this section— 

13 ‘‘(1) $230,000,000 for fiscal year 2020; and 

14 ‘‘(2) $300,000,000 for each of fiscal years 2021 

15 through 2024.’’. 

16 SEC. 3. DRINKING WATER QUALITY IMPROVEMENT FOR MI17 NORITY, TRIBAL, AND LOW-INCOME COMMU18 NITIES. 

19 (a) COMMUNITY PARTNERSHIP.—The Administrator 

20 of the Environmental Protection Agency (referred to in 

21 this section as the ‘‘Administrator’’) may make grants to 

22 community organizations that represent, operate in, or 

23 serve a minority, Tribal, or low-income community, as de24 termined by the Administrator, to educate the residents 

25 of the community on— 


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1 (1) contaminants in drinking water that may 

2 have an adverse effect on human health; and 

3 (2) assistance that the Administrator may pro4 vide to residents to identify and address a drinking 

5 water contaminant that may have an adverse effect 

6 on human health. 

7 (b) PUBLIC INTEREST SCIENCE PARTNERSHIPS.— 

8 The Administrator may create a partnership with an aca9 demic or research institution, including another Federal 

10 agency, to conduct or promote science that serves the pub11 lic interest by sharing data or costs or engaging in any 

12 other activity of mutual benefit— 

13 (1) to identify— 

14 (A) any contaminant in drinking water 

15 that may have an adverse effect on human 

16 health; and 

17 (B) a significant public health crisis caused 

18 by any violation or contamination that— 

19 (i) has the potential to have a serious 

20 adverse effect on human health that re21 quires notice under section 1414(c)(2)(C) 

22 of the Safe Drinking Water Act (42 U.S.C. 

23 300g–3(c)(2)(C)); or 

24 (ii) may present an imminent and 

25 substantial endangerment to the health of 


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1 persons (within the meaning of section 

2 1431(a) of the Safe Drinking Water Act 

3 (42 U.S.C. 300i(a))); and 

4 (2) to measure the risk that a minority, Tribal, 

5 or low-income community faces from contaminants 

6 in drinking water that may have an adverse effect 

7 on human health. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated for the period of fiscal 

10 years 2020 through 2024— 

11 (1) to carry out subsection (a), $5,000,000; and 

12 (2) to carry out subsection (b), $10,000,000. 

13 SEC. 4. COMPLIANCE AND INSPECTIONS OF PUBLIC WATER 

14 SUPPLIES. 

15 (a) REPORTING NONCOMPLIANCE.—Section 

16 1452(b)(2) of the Safe Drinking Water Act (42 U.S.C. 

17 300j–12(b)(2)) is amended— 

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

19 the end; 

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

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

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

23 ‘‘(D) a list that includes— 

24 ‘‘(i) any public water system in the 

25 State that— 


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1 ‘‘(I) has in effect an exemption 

2 or variance for any national primary 

3 drinking water regulation; 

4 ‘‘(II) is in persistent violation of 

5 any requirement for a maximum con6 taminant level or treatment technique 

7 under a national primary drinking 

8 water regulation; or 

9 ‘‘(III) the State or Administrator 

10 determines may present an imminent 

11 and substantial endangerment to the 

12 health of persons (within the meaning 

13 of section 1431(a)); 

14 ‘‘(ii) the relevant national primary 

15 drinking regulation for the exemption, 

16 variance, or violation; and 

17 ‘‘(iii)(I) the effective date of the ex18 emption or variance; or 

19 ‘‘(II) the date on which the persistent 

20 violation began.’’. 

21 (b) ADVICE AND TECHNICAL ASSISTANCE.—Section 

22 1414(a)(1) of the Safe Drinking Water Act (42 U.S.C. 

23 300g–3(a)(1)) is amended— 

24 (1) in subparagraph (A)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘Whenever’’ and inserting ‘‘The Ad3 ministrator shall notify the State and the public 

4 water system of noncompliance by the public 

5 water system if’’; 

6 (B) in clause (ii), by striking ‘‘pursuant 

7 thereto,’’ and inserting ‘‘in accordance with 

8 that variance or exemption.’’; and 

9 (C) by striking the undesignated matter 

10 following clause (ii); and 

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

12 ‘‘(C) ADVICE AND TECHNICAL ASSIST13 ANCE.— 

14 ‘‘(i) IN GENERAL.—After providing 

15 notice of noncompliance to the State and 

16 the public water system under subpara17 graph (A), the Administrator may provide 

18 such advice and technical assistance to the 

19 State and public water system as the Ad20 ministrator determines appropriate to 

21 bring the public water system into compli22 ance with the variance or exemption by the 

23 earliest date feasible. 

24 ‘‘(ii) CONSIDERATIONS.—In making a 

25 determination to provide advice and techVerDate Sep 11 2014 03:50 May 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1613.IS S1613

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1 nical assistance under clause (i), the Ad2 ministrator may consider— 

3 ‘‘(I) the potential for the non4 compliance to result in a serious ad5 verse effect to human health; 

6 ‘‘(II) whether the noncompliance 

7 has occurred continuously or fre8 quently; and 

9 ‘‘(III) the effectiveness of any 

10 past technical assistance effort.’’. 

11 (c) ADDITIONAL INSPECTIONS.—Section 1414 of the 

12 Safe Drinking Water Act (42 U.S.C. 300g–3) is amend13 ed— 

14 (1) by redesignating subsections (d) through (j) 

15 as subsections (e) through (k), respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) ADDITIONAL INSPECTIONS AFTER A VIOLA19 TION.— 

20 ‘‘(1) IN GENERAL.—After consultation with the 

21 States, the Administrator shall, by regulation, pre22 scribe the number, frequency, and type of additional 

23 inspections that shall be carried out after any viola24 tion that requires notice under subsection (c). 


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1 ‘‘(2) REGULATIONS.—The regulations issued 

2 under paragraph (1) shall— 

3 ‘‘(A) take into account— 

4 ‘‘(i) the difference between— 

5 ‘‘(I) intermittent or infrequent 

6 violations; and 

7 ‘‘(II) continuous or frequent vio8 lations; 

9 ‘‘(ii) the seriousness of any potential 

10 adverse health effect that may be related 

11 to a violation; and 

12 ‘‘(iii) the number and severity of a 

13 past violation by a public water system; 

14 and 

15 ‘‘(B) specify the procedure for an inspec16 tion after a violation by a public water system 

17 that has the potential to cause a serious adverse 

18 effect on human health due to short-term expo19 sure to a contaminant.’’. 

20 (3) CONFORMING AMENDMENTS.— 

21 (A) Section 1414 of the Safe Drinking 

22 Water Act (42 U.S.C. 300g–3) is amended— 

23 (i) in subsection (a)— 


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1 (I) in paragraph (1)(B), by strik2 ing ‘‘subsection (g)’’ and inserting 

3 ‘‘subsection (h)’’; and 

4 (II) in paragraph (2)(A), in the 

5 undesignated matter following clause 

6 (ii), by striking ‘‘subsection (g)’’ and 

7 inserting ‘‘subsection (h)’’; and 

8 (ii) in subsection (b), in the matter 

9 preceding paragraph (1), by striking ‘‘sub10 section (g)’’ and inserting ‘‘subsection 

11 (h)’’. 

12 (B) Section 1448(a) of the Safe Drinking 

13 Water Act (42 U.S.C. 300j–7(a)) is amended in 

14 the third sentence of the undesignated matter 

15 following paragraph (2) by striking ‘‘section 

16 1414(g)(3)(B)’’ and inserting ‘‘section 

17 1414(h)(3)(B)’’. 

18 SEC. 5. ELECTRONIC REPORTING OF TEST RESULTS. 

19 Section 1414 of the Safe Drinking Water Act (42 

20 U.S.C. 300g–3) (as amended by section 4(c)(1)) is amend21 ed by adding at the end the following: 

22 ‘‘(l) ELECTRONIC REPORTING OF COMPLIANCE MON23 ITORING DATA.—Not later than 1 year after the date of 

24 enactment of this subsection, the Administrator shall issue 


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1 a final rule that establishes requirements for electronic 

2 submission— 

3 ‘‘(1) by public water systems of all compliance 

4 monitoring data— 

5 ‘‘(A) to the Administrator; or 

6 ‘‘(B) with respect to a public water system 

7 in a State that has primary enforcement re8 sponsibility under section 1413, to that State; 

9 and 

10 ‘‘(2) by each State that has primary enforce11 ment responsibility under section 1413 to the Ad12 ministrator of all compliance monitoring data sub13 mitted by a public water system to the State under 

14 paragraph (1)(B).’’. 

15 SEC. 6. NOTIFICATION TO THE CENTERS FOR DISEASE 

16 CONTROL AND PREVENTION AND STATE 

17 HEALTH AGENCIES. 

18 Section 1414(c)(2)(C) of the Safe Drinking Water 

19 Act (42 U.S.C. 300g–3(c)(2)(C)) is amended— 

20 (1) in clause (iii)— 

21 (A) by striking ‘‘Administrator and’’ and 

22 inserting ‘‘Administrator, the Director of the 

23 Centers for Disease Control and Prevention, 

24 and’’; 


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1 (B) by inserting ‘‘and the appropriate 

2 State and county health agencies’’ after ‘‘as ap3 plicable,’’; 

4 (C) by striking ‘‘and’’ at the end; 

5 (2) by redesignating clause (iv) as clause (v); 

6 and 

7 (3) by inserting after clause (iii) the following: 

8 ‘‘(iv) be provided to each person 

9 served by the public water system— 

10 ‘‘(I) in the first billing statement 

11 that the public water system prepares 

12 after the date on which the violation 

13 occurs; and 

14 ‘‘(II) in a manner consistent with 

15 clause (ii); and’’. 

16 SEC. 7. NO IMPACT ON OTHER FEDERAL FUNDING. 

17 Except for existing funds made available to carry out 

18 subsections (a) through (j) of section 1459A of the Safe 

19 Drinking Water Act (42 U.S.C. 300j–19a), no funds shall 

20 be made available— 

21 (1) to carry out this Act or the amendments 

22 made by this Act if the total amount made available 

23 for a fiscal year for the State drinking water treat24 ment revolving loan funds established under section 

25 1452 of the Safe Drinking Water Act (42 U.S.C. 


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1 300j–12) is less than the total amount made avail2 able for those funds for fiscal year 2019; and 

3 (2) to carry out this Act or the amendments 

4 made by this Act (other than the amendment made 

5 by section 2(3)) if the total amount made available 

6 for a fiscal year for assistance for small and dis7 advantaged communities under subsections (a) 

8 through (j) of section 1459A of the Safe Drinking 

9 Water Act (42 U.S.C. 300j–19a) is less than the 

10 total amount made available for that assistance for 

11 fiscal year 2019. 

Æ 


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