II 

116TH CONGRESS 

1ST SESSION S. 2466 

To provide supplemental appropriations for safe and secure water, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2019 

Mr. SCHUMER (for Ms. HARRIS) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL 

To provide supplemental appropriations for safe and secure 

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; TABLE OF CONTENTS. 

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

5 ‘‘Water Justice Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DRINKING WATER INFRASTRUCTURE EMERGENCY 

Sec. 101. Findings. 

Sec. 102. Definitions. 


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Sec. 103. Supplemental appropriations for the drinking water infrastructure 

emergency. 

TITLE II—WATER ACCESSIBILITY AND AFFORDABILITY 

Sec. 201. Findings. 

Sec. 202. Drinking water, wastewater, and stormwater services assistance 

needs-based program. 

Sec. 203. Establishment of Federal grant program for drinking water treatment works operation and maintenance. 

TITLE III—INVESTMENTS IN NATIONWIDE WATER 

INFRASTRUCTURE AND SUSTAINABILITY 

Sec. 301. Findings. 

Sec. 302. Reclamation infrastructure finance and innovation pilot program. 

Sec. 303. Water recycling and reuse projects. 

Sec. 304. Mandatory spending for water infrastructure programs. 

Sec. 305. Expanding and increasing funding for rural individual and connected 

water systems programs. 

Sec. 306. Increased funding for water management improvement. 

Sec. 307. Water Efficiency and Conservation Block Grant Program. 

Sec. 308. Rural water supply program reauthorization. 

Sec. 309. Combating PFAS. 

Sec. 310. Multi-benefit projects to improve watershed health. 

1 TITLE I—DRINKING WATER 

2 INFRASTRUCTURE EMERGENCY 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 

5 (1)(A) everyone has the right to clean and safe 

6 drinking water and appropriate sanitation services; 

7 and 

8 (B) the Federal Government has the responsi9 bility to ensure that the rights described in subpara10 graph (A) are realized; 

11 (2) the American Society of Civil Engineers as12 signed a ‘‘D’’ grade to the drinking water infrastruc13 ture of the United States and the American Water 

14 Works Association estimated that 


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1 $1,000,000,000,000 is necessary to maintain and ex2 pand service during the 25-year period beginning on 

3 the date of enactment of this Act; 

4 (3) deterioration and aging of the water infra5 structure of the United States has resulted in mil6 lions of people of the United States being exposed to 

7 unsafe drinking water, including lead contamination; 

8 (4) exposure to lead can cause serious health 

9 problems, especially to young children and pregnant 

10 women, including damage to the brain and nervous 

11 system, kidney problems, and high blood pressure; 

12 (5) the Government Accountability Office esti13 mates that 43 percent of school districts, serving 

14 35,000,000 students, tested for lead in school drink15 ing water in 2016 or 2017; 

16 (6) of the schools that tested for lead as de17 scribed in paragraph (5), an estimated 37 percent 

18 found levels of lead above the threshold of the school 

19 district for taking remedial action; 

20 (7) according to the American Water Works As21 sociation, approximately 30 percent of surveyed com22 munity water systems in the United States reported 

23 having some lead-containing service lines; 

24 (8) the continuing emergency of drinking water 

25 contamination in communities like Flint, Michigan, 


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1 demonstrates the severity of this crisis across the 

2 United States; 

3 (9) many rural areas across the United States 

4 also face severe drinking water challenges, as the 

5 community water systems serving small populations 

6 in the United States often lack sufficient financial 

7 and technical resources; 

8 (10) boil water advisories are a daily occurrence 

9 in the United States, and those advisories dispropor10 tionately impact small drinking water systems, with 

11 some advisories in rural areas lasting for years; 

12 (11) it is estimated that 13,000,000 households 

13 in the United States rely on well water, with no Fed14 eral regulation or testing of contaminants; 

15 (12) past appropriations for the Environmental 

16 Protection Agency grant programs that address 

17 school drinking water and drinking water contami18 nation in high-risk communities are not sufficient to 

19 address the tremendous need throughout the United 

20 States; 

21 (13) investments in infrastructure create jobs 

22 while fulfilling critical needs in communities 

23 throughout the United States; 

24 (14) it is estimated that nearly 17,200,000 

25 workers, about 12 percent of the United States 


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1 workforce, were employed in infrastructure jobs in 

2 2018; 

3 (15) infrastructure occupations often provide 

4 more competitive and equitable wages in comparison 

5 to all jobs nationally, consistently paying up to 30 

6 percent more to workers at lower ends of the income 

7 scale; 

8 (16) the sixth national assessment by the Envi9 ronmental Protection Agency of drinking water in10 frastructure needs shows a total 20-year capital im11 provement need of $472,600,000,000 for public 

12 water systems; 

13 (17) emergency supplemental appropriations for 

14 the Environmental Protection Agency, provided in 

15 addition to other appropriations and not subject to 

16 sequestration, will improve drinking water in schools 

17 and high-risk communities and create jobs through18 out the United States without reducing funding for 

19 other domestic priorities; 

20 (18) appropriating $50,000,000,000 in fiscal 

21 year 2020 for the Environmental Protection Agency, 

22 and allowing the funds to remain available for 5 

23 years, will enable States to begin to immediately ex24 pand investments in addressing drinking water 


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1 needs in schools and in high-risk communities 

2 throughout the United States; 

3 (19) a $50,000,000,000 investment in drinking 

4 water infrastructure could create 1,250,000 jobs; 

5 (20) an emergency supplemental appropriation 

6 of $50,000,000,000 for the Environmental Protec7 tion Agency, to be made available in fiscal year 

8 2020, and to remain available for 5 years, will allow 

9 States to begin immediately to distribute funds to el10 igible schools and high-risk communities to develop 

11 and implement plans to improve drinking water in12 frastructure, through accelerated and expanded re13 placement of lead-based service lines and other crit14 ical infrastructure improvements, ensuring an effi15 cient use of funds and timely job creation; 

16 (21) emergency supplemental appropriations for 

17 remediating the drinking water infrastructure emer18 gency in the United States can be leveraged— 

19 (A) to create high-quality union jobs; and 

20 (B) to expand minority-owned businesses 

21 to support the next generation of water infra22 structure contractors; and 

23 (22) an emergency supplemental appropriation 

24 of $50,000,000,000 for the Environmental Protec25 tion Agency would allow numerous communities to 


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1 address the water infrastructure needs of those com2 munities and begin to combat the crisis in the 

3 United States. 

4 SEC. 102. DEFINITIONS. 

5 In this title: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) DISADVANTAGED COMMUNITY.—The term 

10 ‘‘disadvantaged community’’ has the meaning given 

11 the term in section 1452(d)(3) of the Safe Drinking 

12 Water Act (42 U.S.C. 300j–12(d)(3)). 

13 (3) HIGH-RISK COMMUNITY.—The term ‘‘high14 risk community’’ means— 

15 (A) a disadvantaged community in which 

16 drinking water has tested for levels of contami17 nants, such as lead, copper, mercury, organic 

18 chemicals, and other substances, above the con19 taminant levels allowed under the applicable na20 tional primary drinking water regulations (as 

21 defined in section 1401 of the Safe Drinking 

22 Water Act (42 U.S.C. 300f)); or 

23 (B) in States in which State drinking 

24 water contaminant requirements are stricter 

25 than the applicable national primary drinking 


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1 water regulations (as defined in section 1401 of 

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

3 300f)), a disadvantaged community in which 

4 drinking water has tested for levels of contami5 nants at levels higher than allowed under the 

6 applicable State contaminant requirement. 

7 SEC. 103. SUPPLEMENTAL APPROPRIATIONS FOR THE 

8 DRINKING WATER INFRASTRUCTURE EMER9 GENCY. 

10 Out of any funds in the Treasury not otherwise ap11 propriated, for the fiscal year ending September 30, 2020, 

12 $50,000,000,000, to remain available until September 30, 

13 2024, is appropriated to the Administrator for an addi14 tional amount for lead reduction investments through the 

15 Environmental Protection Agency (including programs 

16 such as the State response to contaminants grant program 

17 under section 1459A(j) of the Safe Drinking Water Act 

18 (42 U.S.C. 300j–19a(j)), the voluntary school and child 

19 care program lead testing grant program under section 

20 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j– 

21 24(d)), and the drinking water fountain replacement for 

22 schools program under section 1465 of the Safe Drinking 

23 Water Act (42 U.S.C. 300j–25)), or additional grant pro24 grams (either in existence or to be developed) for projects 

25 that protect high-risk communities from lead contaminaVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 tion in drinking water; provide for technical assistance or 

2 mitigation efforts; allow for replacement of lead-tainted in3 frastructure; provide funds for the purchase of filters cer4 tified by NSF International and the Water Quality Asso5 ciation for the removal of contaminants of concern in pub6 lic water systems; or address lead testing in school and 

7 child care programs for which filtration of water systems 

8 in those school and child care programs has already been 

9 performed: Provided, That the amount under this heading 

10 is designated by the Congress as an emergency require11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985 (2 

13 U.S.C. 901(b)(2)(A)(i)), except that such amount shall be 

14 available only if the President subsequently so designates 

15 such amount and transmits such designation to Congress. 

16 TITLE II—WATER ACCESSIBILITY 

17 AND AFFORDABILITY 

18 SEC. 201. FINDINGS. 

19 Congress finds the following: 

20 (1) Obtaining reliable and affordable water 

21 service is becoming increasingly difficult due to 

22 aging infrastructure, climate change, and population 

23 changes. 

24 (2) Household water rates have increased by 

25 approximately 41 percent since 2010. Over the last 


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1 several decades, the cost for drinking water and 

2 wastewater services has risen much more rapidly 

3 than other household expenses. 

4 (3) According to the Environmental Protection 

5 Agency, low-income households are particularly im6 pacted by water affordability challenges when drink7 ing water, wastewater, and stormwater rates are 

8 raised. 

9 (4) Across the United States, water and waste10 water bills have been increasing at more than twice 

11 the rate of inflation for nearly 2 decades. Addition12 ally, incomes have barely kept up with inflation over 

13 the same period. It is anticipated that rates for 

14 water and wastewater services will continue to in15 crease to meet the need for billions of dollars of 

16 overdue investment in our Nation’s water and waste17 water systems. 

18 (5) The Environmental Protection Agency re19 ports that approximately 15 percent of residential 

20 water customers nationally are low-income house21 holds that are constantly at risk of being unable to 

22 pay their water bills. 

23 (6) Low-income households are 3 times more 

24 likely than other households to have their utility 

25 service disconnected for unpaid or overdue bills. 


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1 (7) An estimated 15,000,000 people in the 

2 United States experienced a water shutoff in 2016 

3 with the highest shutoff rates in lower-income cities 

4 with higher rates of poverty and unemployment. 

5 (8) In 2017, total appropriations to the Envi6 ronmental Protection Agency for water infrastruc7 ture were 35 percent lower than the corresponding 

8 2001 appropriations (adjusted for inflation) despite 

9 massive capital investments being needed for drink10 ing water and wastewater systems. 

11 (9) Water accessibility is a fundamental ele12 ment of public health, safety, welfare, and security. 

13 SEC. 202. DRINKING WATER, WASTEWATER, AND 

14 STORMWATER SERVICES ASSISTANCE NEEDS15 BASED PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ENVIRONMENTALLY AT-RISK HOUSE18 HOLD.—The term ‘‘environmentally at-risk house19 hold’’ means such a household, as defined by the 

20 Secretary after consultation with the Administrator 

21 of the Environmental Protection Agency, considering 

22 factors such as— 

23 (A) the proximity of the household to an 

24 environmentally hazardous site, including a 

25 Superfund site or coal ash site (as such sites 


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1 are defined by the Administrator of the Envi2 ronmental Protection Administration), or 

3 brownfield site (as defined in section 101 of the 

4 Comprehensive Environmental Response, Com5 pensation, and Liability Act of 1980 (42 U.S.C. 

6 9601)); 

7 (B) whether the household is in an area 

8 that is affected by a consent decree relating to 

9 compliance with the Federal Water Pollution 

10 Control Act (33 U.S.C. 1251 et seq.); 

11 (C) whether the household is in an area 

12 that has been found to be in violation of the 

13 Safe Drinking Water Act (42 U.S.C. 300f et 

14 seq.) maximum contaminant level for any con15 taminant; and 

16 (D) whether the household is located with17 in 5 miles of a pollution hotspot. 

18 (2) HOUSEHOLD.—The term ‘‘household’’ 

19 means any individual or group of individuals who 

20 are living together as 1 economic unit. 

21 (3) LOW-INCOME HOUSEHOLD.—The term 

22 ‘‘low-income household’’ means a household— 

23 (A) in which 1 or more individuals are re24 ceiving— 


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1 (i) assistance under a State program 

2 funded under part A of title IV of the So3 cial Security Act (42 U.S.C. 601 et seq.); 

4 (ii) payments under the supplemental 

5 security income program established under 

6 title XVI of the Social Security Act (42 

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

8 (iii) benefits under the supplemental 

9 nutrition assistance program under the 

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

11 2011 et seq.); or 

12 (iv) payments under— 

13 (I) section 1315, 1521, 1541, or 

14 1542 of title 38, United States Code; 

15 or 

16 (II) section 306 of the Veterans’ 

17 and Survivors’ Pension Improvement 

18 Act of 1978 (38 U.S.C. 1521 note; 

19 Public Law 95–588); or 

20 (B) that, subject to subsection (f), has an 

21 income that, as determined by the State in 

22 which the household is located, does not exceed 

23 the greater of— 

24 (i) an amount equal to 150 percent of 

25 the poverty level (as defined in section 


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1 2603 of the Low-Income Home Energy As2 sistance Act of 1981 (42 U.S.C. 8622)) for 

3 that State; and 

4 (ii) an amount equal to 60 percent of 

5 the median income for that State. 

6 (4) POLLUTION HOTSPOT.—The term ‘‘pollu7 tion hotspot’’ means a location where pollution from 

8 specific sources may expose an individual or commu9 nity to an elevated risk of adverse health and safety 

10 effects, as determined by the Administrator of the 

11 Environmental Protection Agency. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Health and Human Services. 

14 (6) STATE.—The term ‘‘State’’ means each of 

15 the several States, the District of Columbia, the 

16 Commonwealth of Puerto Rico, Guam, the United 

17 States Virgin Islands, American Samoa, the Com18 monwealth of the Northern Mariana Islands, and an 

19 Indian tribe (as defined in section 4 of the Indian 

20 Self-Determination and Education Assistance Act 

21 (25 U.S.C. 5304)). 

22 (7) WATER BURDEN.—The term ‘‘water bur23 den’’ means the expenditures of a household for 

24 drinking water, wastewater, and stormwater services, 

25 divided by the income of the household. 


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1 (8) WATER CRISIS.—The term ‘‘water crisis’’ 

2 means weather-related and supply shortage emer3 gencies, stormwater flooding, and other household 

4 water-related emergencies, relating to drinking 

5 water, wastewater, or stormwater services. 

6 (b) ESTABLISHMENT.— 

7 (1) IN GENERAL.—The Secretary is authorized 

8 to make grants, in accordance with the provisions of 

9 this section, to States to assist low-income house10 holds (particularly those with the lowest incomes rel11 ative to State poverty levels and median incomes, 

12 that pay a high proportion of household income for 

13 home drinking water, wastewater, and stormwater 

14 services), including environmentally at-risk house15 holds that are also low-income households, primarily 

16 in meeting their immediate home drinking water, 

17 wastewater, and stormwater service needs. The Sec18 retary shall make the grants in the amounts of the 

19 allotments made under paragraph (2). 

20 (2) STATE ALLOTMENTS.—Not later than 1 

21 year after the date of enactment of this Act, the 

22 Secretary shall issue a rule to establish a formula 

23 under which the Secretary shall make allotments to 

24 States, from the amount authorized under sub25 section (h) for a fiscal year, for the grants described 


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1 in paragraph (1). The Secretary shall issue the rule 

2 after consultation with States, local and Tribal gov3 ernments, community stakeholders, and other appro4 priate entities, in order to develop a formula that al5 lots grant funds based on need to States. 

6 (3) PUBLIC HEARINGS.—After the expiration of 

7 the first fiscal year for which a State receives funds 

8 under this section, no funds shall be allotted to such 

9 State for any fiscal year under this section unless 

10 such State conducts public hearings with respect to 

11 the proposed use and distribution of funds to be pro12 vided under this section for such fiscal year. 

13 (c) APPLICATIONS.— 

14 (1) IN GENERAL.—Each State desiring to re15 ceive an allotment for any fiscal year under this sec16 tion shall submit an application to the Secretary. 

17 Each such application shall be in such form as the 

18 Secretary shall require. 

19 (2) CERTIFICATIONS.—As part of the annual 

20 application of a State required by paragraph (1), the 

21 chief executive officer of the State shall certify that 

22 the State agrees— 

23 (A) to use the funds available under this 

24 section— 


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1 (i) to conduct outreach activities and 

2 provide assistance to low-income house3 holds and environmentally at-risk house4 holds that are also low-income households 

5 in meeting their home drinking water, 

6 stormwater, and wastewater service costs, 

7 particularly those households with the low8 est incomes that pay a high proportion of 

9 household income for home drinking water, 

10 stormwater, and wastewater service; 

11 (ii) to intervene in water crisis situa12 tions; 

13 (iii) to provide cost-effective water ef14 ficiency-related and other water needs-re15 lated home repair; 

16 (iv) to plan, develop, and administer 

17 the State’s program under this section, in18 cluding leveraging programs; 

19 (v) to develop technical assistance 

20 plans in coordination with parties, agen21 cies, or governments referred to in sub22 section (d)(6) or program beneficiaries; 

23 (vi) to prioritize applicants for sub24 grants or contracts that include program 


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1 beneficiaries in design and implementation 

2 of the program; and 

3 (vii) but not more than 5 percent of 

4 such funds, to support community engage5 ment in the design and implementation of 

6 the program; 

7 (B) not to use such funds for any purposes 

8 other than those specified in this section; 

9 (C) to make payments under this section 

10 only with respect to— 

11 (i) low-income households; and 

12 (ii) environmentally at-risk households 

13 that are also low-income households; 

14 (D) to conduct outreach activities and de15 velop materials (in a language understandable 

16 to targeted households) designed to assure that 

17 eligible households (especially households with 

18 children, elderly individuals, or individuals with 

19 disabilities) and households with high water 

20 burdens, are made aware of the assistance 

21 available under this section, and any similar 

22 water-related assistance; 

23 (E) to coordinate its activities under this 

24 section with similar and related programs ad25 ministered by the Federal Government and such 


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1 State, particularly water-related programs for 

2 low-income individuals; 

3 (F) to provide, in a timely manner, that 

4 the highest level of assistance will be furnished 

5 to those households which have the lowest in6 comes and the highest costs or needs for home 

7 drinking water, wastewater, or stormwater serv8 ices in relation to income, taking into account 

9 family size; 

10 (G) to the extent it is necessary, to des11 ignate local administrative agencies or Tribal 

12 governments in order to carry out the objectives 

13 of this section; and 

14 (H) to the extent it is necessary, to deliver 

15 services specified in the application through 

16 community-based nonprofit entities in such 

17 State, by awarding subgrants to, or entering 

18 into contracts with, such entities for the pur19 pose of providing such services and payments 

20 under this section directly to households eligible 

21 for assistance under this section. 

22 (3) PLAN.—As part of the annual application 

23 required by paragraph (1), the chief executive officer 

24 of the State shall include, in such format as the Sec25 retary may require, a plan which— 


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1 (A) describes the eligibility requirements to 

2 be used by the State for each type of assistance 

3 to be provided under this section; 

4 (B) describes the benefit levels to be used 

5 by the State for each type of assistance includ6 ing assistance to be provided for drinking 

7 water, wastewater, and stormwater service 

8 needs; 

9 (C) contains estimates of the amount of 

10 funds the State will use for each of the pro11 grams under such plan; 

12 (D) describes water efficiency-related and 

13 other water needs-related home repair the State 

14 will provide under subsection (d)(6), including 

15 any steps the State will take to address the 

16 water efficiency-related home repair needs of 

17 households that have high water burdens; 

18 (E) in the absence of being able to directly 

19 measure and quantify water use at the house20 hold level, provide a reasonable, unified ap21 proach such as using a fixed consumption level 

22 for calculating assistance for household drink23 ing water, wastewater, and stormwater service 

24 costs; and 


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1 (F) identifies the types of assistance, such 

2 as types described in subsection (d), that may 

3 be included in the program of assistance carried 

4 out by the State under this section. 

5 (d) TYPES OF ASSISTANCE.—A State that receives 

6 a grant under this section may use the grant funds to pro7 vide, through a State program required in subsection (b) 

8 a type of assistance that may include— 

9 (1) direct financial assistance; 

10 (2) a lifeline rate; 

11 (3) bill discounting; 

12 (4) assistance under special hardship provi13 sions; 

14 (5) assistance through a percentage-of-income 

15 payment plan; or 

16 (6) water efficiency-related and water needs-re17 lated home repair, including direct installation of 

18 water-efficient fixtures and leak repair, which may 

19 be completed by a third party under a subgrant or 

20 contract awarded by the State or by a local adminis21 trative agency or Tribal government designated by 

22 the State. 

23 (e) ASSISTANCE EXEMPT FROM TAXATION.—Not24 withstanding any other provision of law, assistance pro25 vided to a low-income household or an environmentally atVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 risk household that is also a low-income household under 

2 a program carried out by the State, a local administrative 

3 agency, Tribal government, or a community-based non4 profit entity (on behalf of households), using a grant 

5 under this section shall be exempt from income tax under 

6 the Internal Revenue Code of 1986. 

7 (f) LOWER INCOME LIMIT.—For purposes of this sec8 tion, a State may adopt an income limit that is lower than 

9 the limit described in subsection (a)(3)(B), except that the 

10 State may not exclude a household from eligibility in a 

11 fiscal year based solely on household income if that income 

12 is less than 110 percent of the poverty level for the State. 

13 (g) REPORTING REQUIREMENTS.— 

14 (1) IN GENERAL.—In addition to meeting any 

15 other applicable reporting requirements, as a condi16 tion of receiving a grant under this section, a State 

17 shall prepare and submit to the Secretary an annual 

18 report that summarizes, in a manner determined by 

19 the Secretary, the program carried out by the State 

20 (including any portions carried out through designa21 tion of a local administrative agency or Tribal gov22 ernment or the award of a subgrant or contract to 

23 a community-based nonprofit entity) under the 

24 grant, including— 

25 (A) key features; 


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1 (B) sources of funding; 

2 (C) eligibility criteria; 

3 (D) participation rates; 

4 (E) the monetary benefit per participant; 

5 (F) program costs; 

6 (G) the demonstrable impacts of the pro7 gram on arrearage and service disconnection for 

8 households, to the maximum extent practicable; 

9 and 

10 (H) other relevant information required by 

11 the Secretary. 

12 (2) PUBLICATION.—The Secretary shall make 

13 available to the general public each report submitted 

14 under paragraph (1). 

15 (h) AUTHORIZATION.—There is authorized to be ap16 propriated to carry out this section $2,000,000,000 for 

17 each of fiscal years 2020 through 2024. 

18 SEC. 203. ESTABLISHMENT OF FEDERAL GRANT PROGRAM 

19 FOR DRINKING WATER TREATMENT WORKS 

20 OPERATION AND MAINTENANCE. 

21 (a) IN GENERAL.—Not later than 2 years after the 

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

23 Environmental Protection Agency (referred to in this sec24 tion as the ‘‘Administrator’’) shall establish a grant pro25 gram (referred to in this section as the ‘‘program’’) to help 


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1 communities that serve environmentally at-risk households 

2 and low-income households (as those terms are defined in 

3 section 202) afford operations and maintenance costs of 

4 drinking water treatment. 

5 (b) ELIGIBLE USES.—A grant provided under the 

6 program shall be used— 

7 (1) to help water systems provide adequate and 

8 affordable supplies of safe drinking water in both 

9 the near- and long-term future; and 

10 (2) to provide support to help public water sys11 tems (as defined in section 1401 of the Safe Drink12 ing Water Act (42 U.S.C. 300f) provide safe and af13 fordable drinking water. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out the program 

16 $150,000,000 for each of fiscal years 2020 through 2024. 

17 TITLE III—INVESTMENTS IN NA18 TIONWIDE WATER INFRA19 STRUCTURE AND SUSTAIN20 ABILITY 

21 SEC. 301. FINDINGS. 

22 Congress finds that— 

23 (1) water is an essential resource for farms, cit24 ies, and the environment; 


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1 (2) in order to responsibly and sustainably 

2 manage water, all different types of water, including 

3 water that is stored, drinking water, flood waters, 

4 wastewater, recycled water, and other types, should 

5 be taken into account; 

6 (3) according to a survey by the Government 

7 Accountability Office of State water managers, at 

8 least 40 States anticipate water shortages by 2024, 

9 pointing to the need to conserve and sustainably 

10 manage water; 

11 (4) climate change is likely to increase the vul12 nerability of water supplies for communities and the 

13 environment by— 

14 (A) increasing the frequency and mag15 nitude of droughts and extreme precipitation 

16 events; 

17 (B) increasing air temperatures; and 

18 (C) changing the patterns and volume of 

19 precipitation; 

20 (5) the water infrastructure of the United 

21 States needs additional investment given the age of 

22 the infrastructure and emerging issues, such as cli23 mate change; 


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1 (6) according to the American Society of Civil 

2 Engineers, more than $105,000,000,000 is needed 

3 for drinking water and wastewater investment needs; 

4 (7) a diverse portfolio of water management, 

5 storage, recycling, and reuse techniques can help to 

6 sustainably and responsibly manage water in the 

7 United States; 

8 (8) reducing water diversions from rivers and 

9 lakes is important to sustain— 

10 (A) native fish and wildlife; and 

11 (B) the communities and Native American 

12 tribes that depend on a healthy environment; 

13 (9) a sustainable water supply relies on— 

14 (A) the ability for environmentally sound 

15 water storage projects; 

16 (B) protection of clean water programs; 

17 (C) financing for new technologies; 

18 (D) developments and funding for water 

19 recycling and reuse projects; 

20 (E) improvements to wastewater systems 

21 and flood management; 

22 (F) increased conservation programs and 

23 water efficiency; and 


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1 (G) instream flows of adequate quality and 

2 quantity that protect native fish and wildlife 

3 and the environment; 

4 (10) the 16th Clean Watersheds Needs Survey 

5 of the Environmental Protection Agency shows a 

6 total 20-year capital improvement need of 

7 $271,000,000 to address the water quality objectives 

8 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1251 et seq.); 

10 (11) more than 21,000,000 households lack ac11 cess to a sewer system and instead rely on expensive 

12 septic tanks or cesspools; 

13 (12) more than 1,700,000 households lack ac14 cess to basic plumbing in the United States; and 

15 (13) exposure to raw sewage inside or outside 

16 of the home due to inadequate or failing wastewater 

17 systems is a severe public health risk. 

18 SEC. 302. RECLAMATION INFRASTRUCTURE FINANCE AND 

19 INNOVATION PILOT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary of the Interior 

21 (referred to in this section as the ‘‘Secretary’’) shall estab22 lish and carry out a pilot program under which the Sec23 retary shall provide to eligible entities described in sub24 section (c) financial assistance in accordance with this secVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 tion to carry out eligible projects described in subsection 

2 (b). 

3 (b) ELIGIBLE PROJECTS AND ELIGIBLE PROJECT

4 COSTS.— 

5 (1) IN GENERAL.—A project eligible to receive 

6 assistance under the pilot program under this sec7 tion is a water supply project described in paragraph 

8 (2) that, as determined by the Secretary— 

9 (A) is located in— 

10 (i) the State of Alaska; 

11 (ii) the State of Hawaii; or 

12 (iii) a Reclamation State (as defined 

13 in section 4014 of the Water Infrastruc14 ture Improvements for the Nation Act (43 

15 U.S.C. 390b note; Public Law 114–322)); 

16 (B) would contribute directly or indirectly 

17 (including through groundwater recharge) to a 

18 safe, adequate water supply for domestic, agri19 cultural, environmental, municipal, or industrial 

20 use; 

21 (C) complies with all applicable State and 

22 Federal laws; 

23 (D) would provide net ecosystem benefits 

24 in excess of required environmental mitigation 

25 measures or compliance obligations pursuant to 


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1 State and Federal law, as described in para2 graph (6); 

3 (E) uses natural infrastructure and na4 ture-based solutions where practicable; 

5 (F) is economically feasible; and 

6 (G) is otherwise eligible for assistance 

7 under this section. 

8 (2) WATER SUPPLY PROJECTS.—A water sup9 ply project referred to in paragraph (1) is— 

10 (A) a project for the reclamation and reuse 

11 of municipal, industrial, domestic, and agricul12 tural wastewater, and naturally impaired 

13 ground water, which the Secretary, acting 

14 through the Commissioner of Reclamation, is 

15 authorized to undertake; 

16 (B) any water infrastructure project not 

17 specifically authorized by law that— 

18 (i) the Secretary determines, through 

19 the completion of an appraisal investiga20 tion and feasibility study, would contribute 

21 to a safe, adequate water supply for do22 mestic, agricultural, environmental, munic23 ipal, or industrial use; and 

24 (ii) is otherwise eligible for assistance 

25 under this section; 


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1 (C) a new water infrastructure facility 

2 project, including a water conduit, pipeline, 

3 canal, pumping, power, and any associated fa4 cility; 

5 (D) a project for enhanced energy effi6 ciency in the operation of a water system; 

7 (E) a project for accelerated repair and re8 placement of all or a portion of an aging water 

9 distribution or conveyance facility; 

10 (F) a brackish desalination project; 

11 (G) a project for the acquisition of real 

12 property or an interest in real property for 

13 water storage, reclaimed or recycled water, or 

14 wastewater, if the acquisition is integral to a 

15 project described in subparagraphs (A) through 

16 (F); 

17 (H) a project to deliver water to wildlife 

18 refuges; 

19 (I) a stormwater capture project; or 

20 (J) a combination of projects, each of 

21 which is eligible under subparagraphs (A) 

22 through (I), for which an eligible entity submits 

23 a single application. 


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1 (3) ELIGIBLE PROJECT COSTS.—An eligible 

2 project cost that is eligible for assistance under this 

3 section— 

4 (A) shall be limited to a nonreimbursable 

5 cost for elements of a project that would 

6 achieve public benefits under the reclamation 

7 laws; and 

8 (B) includes the cost of— 

9 (i) development-phase activities, in10 cluding planning, feasibility analysis, rev11 enue forecasting, environmental review, 

12 permitting, transaction costs, preliminary 

13 engineering and design work, and other 

14 preconstruction activities; 

15 (ii) construction, reconstruction, reha16 bilitation, and replacement activities; 

17 (iii) the acquisition of real property 

18 (including water rights, land relating to 

19 the eligible project, and improvements to 

20 land), environmental mitigation, construc21 tion contingencies, and acquisition of 

22 equipment; 

23 (iv) capitalized interest necessary to 

24 meet market requirements, reasonably re25 quired reserve funds, capital issuance exVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 penses, and other carrying costs during 

2 construction; 

3 (v) refinancing interim construction 

4 funding, long-term project obligations, or a 

5 secured loan, loan guarantee, or other 

6 credit enhancement made under this sec7 tion; 

8 (vi) refinancing long-term project obli9 gations or Federal credit instruments, if 

10 that refinancing provides additional fund11 ing capacity for the completion, enhance12 ment, or expansion of any eligible project 

13 selected for assistance under this section; 

14 (vii) reimbursement or success pay15 ments to any public or private entity that 

16 achieves predetermined outcomes on a pay17 for-performance or pay-for-success basis; 

18 and 

19 (viii) grants, loans, or credit enhance20 ment for community development financial 

21 institutions, green banks, and other finan22 cial intermediaries providing ongoing fi23 nance for eligible projects that meet the 

24 purposes of this section. 


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1 (4) SMALL COMMUNITY PROJECTS.—For 

2 projects eligible for assistance under this section and 

3 section 5028(a)(2)(B) of the Water Resources Re4 form and Development Act of 2014 (33 U.S.C. 

5 3907(a)(2)(B)), the Secretary may assist applicants 

6 in combining 1 or more projects into a single appli7 cation in order to meet the minimum project cost of 

8 $5,000,000 required under that section. 

9 (5) COST-SHARING REQUIREMENT; CERTAIN

10 USES.— 

11 (A) COST SHARING.—The Federal share of 

12 the eligible costs of a water supply project 

13 under this section shall be not more than 25 

14 percent. 

15 (B) CERTAIN USES.—A water supply 

16 project that receives assistance under this sec17 tion may use not more than 5 percent of 

18 amounts made available under this section to 

19 carry out activities to demonstrate progress to20 ward the goals of the water supply project. 

21 (6) DETERMINATION OF NET ECOSYSTEM BEN22 EFITS.— 

23 (A) DRAFT REPORT.— 

24 (i) IN GENERAL.—Using the best 

25 available scientific information and data, 


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1 the Director of the United States Fish and 

2 Wildlife Service shall prepare a draft re3 port that evaluates the ecosystem impacts 

4 and benefits of each proposed water supply 

5 project being considered for financial as6 sistance under this section. 

7 (ii) COORDINATION.—A draft report 

8 required under clause (i) shall be prepared 

9 in coordination with the head of the State 

10 agency with jurisdiction over the fish and 

11 wildlife resources of the State in which the 

12 water supply project is proposed to be car13 ried out. 

14 (iii) APPLICABLE LAW; REQUIRE15 MENTS.—A draft report prepared under 

16 clause (i) shall— 

17 (I) meet the requirements of sec18 tion 2(b) of the Fish and Wildlife Co19 ordination Act (16 U.S.C. 662(b)); 

20 (II) quantify and estimate the 

21 ecosystem benefits and adverse im22 pacts to native fish and wildlife from 

23 the proposed water supply project; 

24 and 


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1 (III) evaluate whether the eco2 system benefits of the proposed water 

3 supply project are likely to exceed the 

4 ecosystem impacts of the proposed 

5 water supply project. 

6 (iv) REVIEW; AVAILABILITY.—The Di7 rector of the United States Fish and Wild8 life Service shall ensure that a draft report 

9 prepared under clause (i) is— 

10 (I) reviewed by independent sci11 entists; and 

12 (II) made available for a public 

13 review and comment period of not less 

14 than 30 days. 

15 (B) FINAL REPORT.— 

16 (i) IN GENERAL.—The Director of the 

17 United States Fish and Wildlife Service 

18 shall prepare a final report based on the 

19 applicable draft report prepared under sub20 paragraph (A)(i), after considering the re21 sults of the independent scientific peer re22 view and public comment processes under 

23 subparagraph (A)(iv). 


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1 (ii) TRANSMISSION; AVAILABILITY.—A 

2 final report prepared under clause (i) shall 

3 be— 

4 (I) transmitted to— 

5 (aa) the project applicant; 

6 (bb) the relevant State agen7 cy; and 

8 (cc) relevant congressional 

9 committees; and 

10 (II) made available to the public. 

11 (iii) DETERMINATION.—If a final re12 port prepared under clause (i) determines 

13 that the water supply project provides net 

14 ecosystem benefits, the proposed water 

15 supply project shall be eligible for financial 

16 assistance under this section. 

17 (iv) RECOMMENDATIONS.—If a final 

18 report determines that the proposed water 

19 supply project fails to provide a net eco20 system improvement, the final report may 

21 identify potential recommendations to re22 duce adverse environmental impacts and 

23 improve environmental benefits of the pro24 posed water supply project. 


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1 (v) FINAL AGENCY ACTION.—A final 

2 report prepared under clause (i) shall be 

3 considered to be a final agency action for 

4 purposes of section 704 of title 5, United 

5 States Code. 

6 (vi) JUDICIAL REVIEW.—A final re7 port prepared under clause (i) shall be sub8 ject to review in the Federal district court 

9 of the State in which the project is pro10 posed to be constructed if a petition for re11 view is filed with the court not later than 

12 180 days after the date on which the final 

13 report is transmitted under clause (ii). 

14 (c) ELIGIBLE ENTITIES.—The following entities are 

15 eligible to receive assistance under this section: 

16 (1) An entity described in section 5025 of the 

17 Water Resources Reform and Development Act of 

18 2014 (33 U.S.C. 3904). 

19 (2) A conservancy district, Reclamation district, 

20 or irrigation district. 

21 (3) A canal company or mutual water company. 

22 (4) A water users’ association. 

23 (5) An agency established by an interstate com24 pact. 


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1 (6) Any other individual or entity that has the 

2 capacity to contract with the United States under 

3 the reclamation laws. 

4 (d) REQUIREMENTS.— 

5 (1) PROJECT SELECTION.—In selecting eligible 

6 projects to receive assistance under the pilot pro7 gram under this section, the Secretary shall ensure 

8 diversity with respect to— 

9 (A) project type; and 

10 (B) geographical location within the States 

11 referred to in subsection (b)(1)(A). 

12 (2) PRIORITY.—In selecting eligible projects to 

13 receive assistance under this section, the Secretary 

14 shall prioritize projects that— 

15 (A) would benefit— 

16 (i) low-income communities; or 

17 (ii)(I) communities particularly at-risk 

18 to climate change; and 

19 (II) environmentally at-risk commu20 nities; 

21 (B) to the maximum extent practicable, in22 corporate green and natural infrastructure com23 ponents; and 

24 (C) achieve multiple public benefits. 


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1 (3) IMPORTATION OF OTHER REQUIREMENTS.— 

2 The following provisions of law shall apply to the 

3 pilot program under this section: 

4 (A) Sections 5022, 5024, 5027, 5028, 

5 5029, 5030, 5031, 5032, and 5034(a) of the 

6 Water Resources Reform and Development Act 

7 of 2014 (33 U.S.C. 3901, 3903, 3906, 3907, 

8 3908, 3909, 3910, 3911, and 3913(a)), except 

9 that— 

10 (i) any reference contained in those 

11 sections to the Secretary of the Army shall 

12 be considered to be a reference to the Sec13 retary; 

14 (ii) any reference contained in those 

15 sections to an eligible project shall be con16 sidered to be a reference to an eligible 

17 project described in subsection (b); 

18 (iii) paragraphs (1)(E) and (6)(B) of 

19 subsection (a), and subsection (b)(3), of 

20 section 5028 of that Act (33 U.S.C. 3907) 

21 shall not apply with respect to this section; 

22 and 

23 (iv) subsections (e) and (f) of section 

24 5030 of that Act (33 U.S.C. 3909) shall 

25 not apply with respect to this section. 


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1 (B) The agreement between the Adminis2 trator of the Environmental Protection Agency 

3 and the Commissioner of Reclamation required 

4 under section 4301 of the America’s Water In5 frastructure Act of 2018 (Public Law 115– 

6 270). 

7 (C) Other applicable environmental laws, 

8 including the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). 

10 (e) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is authorized to be 

12 appropriated to the Secretary to carry out the pilot 

13 program under this section $150,000,000 for each of 

14 fiscal years 2020 through 2024, to remain available 

15 until expended. 

16 (2) ADMINISTRATIVE COSTS.—Of the funds 

17 made available under paragraph (1), the Secretary 

18 may use for administrative costs of carrying out the 

19 pilot program under this section (including for the 

20 provision of technical assistance to project sponsors 

21 pursuant to paragraph (3), to obtain any necessary 

22 approval, and for transfer to the Administrator of 

23 the Environmental Protection Agency to provide as24 sistance in administering and servicing Federal credVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 it instruments under the pilot program) not more 

2 than $5,000,000 for each applicable fiscal year. 

3 (3) SMALL COMMUNITY PROJECTS.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the Commissioner may use the 

6 funds made available under paragraph (2) to 

7 provide assistance, including assistance to pay 

8 the costs of acquiring the rating opinion letters 

9 under paragraph (1)(D) of section 5028(a) of 

10 the Water Resources Reform and Development 

11 Act of 2014 (33 U.S.C. 3907(a)), to assist 

12 project sponsors in obtaining the necessary ap13 provals for small community projects that are 

14 eligible for assistance under paragraph (2)(B) 

15 of that section or subsection (b)(3). 

16 (B) LIMITATION.—Assistance provided to 

17 a project sponsor under subparagraph (A) may 

18 not exceed an amount equal to 75 percent of 

19 the total administrative costs incurred by the 

20 project sponsor in securing financial assistance 

21 under this section. 

22 (f) LIMITATION.—No eligible project that receives as23 sistance under this section may be financed (directly or 

24 indirectly), in whole or in part, with proceeds of any obli25 gation the interest on which is exempt from the tax imVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 posed under chapter 1 of the Internal Revenue Code of 

2 1986. 

3 (g) EFFECT.—Nothing in this section affects the au4 thority of a State or a political subdivision of a State to 

5 apply and enforce any environmental laws (including regu6 lations) with respect to an eligible project provided assist7 ance under this section. 

8 SEC. 303. WATER RECYCLING AND REUSE PROJECTS. 

9 (a) COMPETITIVE GRANT PROGRAM FOR THE FUND10 ING OF WATER RECYCLING AND REUSE PROJECTS.—Sec11 tion 1602(f) of the Reclamation Wastewater and Ground12 water Study and Facilities Act (43 U.S.C. 390h(f)) is 

13 amended by striking paragraphs (2) and (3) and inserting 

14 the following: 

15 ‘‘(2) PRIORITY.—In providing grants under 

16 paragraph (1), the Secretary shall give priority to 

17 projects that— 

18 ‘‘(A) are likely to provide a more reliable 

19 water supply for a unit of State, local, or Tribal 

20 government; 

21 ‘‘(B) are likely to increase the water man22 agement flexibility and reduce impacts on envi23 ronmental resources; 

24 ‘‘(C) are regional in nature; 

25 ‘‘(D) involve multiple stakeholders; 


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1 ‘‘(E) provide multiple benefits, including 

2 water supply reliability, ecosystem benefits, 

3 groundwater management and enhancements, 

4 and water quality improvements; 

5 ‘‘(F) would benefit low-income commu6 nities; or 

7 ‘‘(G) would protect communities particu8 larly at-risk to climate change and environ9 mental degradation.’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 1602(g) of the Reclamation Wastewater and Groundwater 

12 Study and Facilities Act (43 U.S.C. 390h(g)) is amend13 ed— 

14 (1) in paragraph (1), by striking 

15 ‘‘$50,000,000’’ and inserting ‘‘$500,000,000’’; and 

16 (2) in paragraph (2), by striking ‘‘if enacted 

17 appropriations legislation designates funding to 

18 them by name,’’. 

19 (c) LIMITATION ON FUNDING.—Section 1631(d)(1) 

20 of the Reclamation Wastewater and Groundwater Study 

21 and Facilities Act (43 U.S.C. 390h–13(d)(1)) is amended 

22 by striking ‘‘$20,000,000 (October 1996 prices)’’ and in23 serting ‘‘$30,000,000 (January 2019 prices)’’. 


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1 (d) DURATION.—Section 4013 of the Water Infra2 structure Improvements for the Nation Act (43 U.S.C. 

3 390b note; Public Law 114–322) is amended— 

4 (1) in paragraph (1), by striking ‘‘and’’; 

5 (2) in paragraph (2), by striking the period and 

6 inserting ‘‘; and’’; and 

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

8 ‘‘(3) the amendment made by section 4009(c).’’. 

9 (e) PROGRAMS FOR ALTERNATIVE WATER SOURCE

10 PROJECTS.—Section 220 of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1300) is amended to read as fol12 lows: 

13 ‘‘SEC. 220. PROGRAM FOR ALTERNATIVE WATER SOURCE 

14 PROJECTS. 

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

16 ‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.— 

17 ‘‘(A) IN GENERAL.—The term ‘alternative 

18 water source project’ means a project that— 

19 ‘‘(i) is designed to provide municipal, 

20 industrial, or agricultural water supplies in 

21 an environmentally sustainable manner by 

22 conserving, managing, reclaiming, or 

23 reusing water, wastewater, or stormwater, 

24 or by treating wastewater or stormwater; 

25 and 


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1 ‘‘(ii) provides an alternative to tradi2 tional water projects that divert or store 

3 water from natural aquatic ecosystems, in4 cluding rivers, lakes, streams, and estu5 aries. 

6 ‘‘(B) EXCLUSION.—The term ‘alternative 

7 water source project’ does not include any 

8 water treatment or distribution facility. 

9 ‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The 

10 term ‘critical water supply needs’ means existing or 

11 reasonably anticipated future water supply needs 

12 that cannot be met by existing water supplies, as 

13 identified in a comprehensive statewide or regional 

14 water supply plan or assessment projected over a pe15 riod of not less than 20 years. 

16 ‘‘(b) ESTABLISHMENT.—The Administrator shall es17 tablish a program to make grants to State, interstate, and 

18 intrastate water resource development agencies (including 

19 water management districts and water supply authorities), 

20 local government agencies, Tribal governments, private 

21 utilities, and nonprofit entities for alternative water source 

22 projects to meet critical water supply needs. 

23 ‘‘(c) ELIGIBLE ENTITY.—The Administrator may 

24 award a grant under this section to an entity only if the 

25 entity has authority under State law to develop or provide 


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1 water for municipal, industrial, and agricultural uses in 

2 an area of the State that is experiencing critical water 

3 supply needs. 

4 ‘‘(d) SELECTION OF PROJECTS.— 

5 ‘‘(1) LIMITATION.—A project that has received 

6 funds for construction under the Reclamation 

7 Projects Authorization and Adjustment Act of 1992 

8 (43 U.S.C. 390h et seq.) shall not be eligible for a 

9 grant under this section. 

10 ‘‘(2) GEOGRAPHICAL DISTRIBUTION.—Alter11 native water source projects selected by the Adminis12 trator for a grant under this section shall reflect a 

13 variety of geographical and environmental condi14 tions. 

15 ‘‘(e) USES OF GRANT FUNDS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

17 grant received under this section may be used for 

18 engineering, design, construction, and final testing 

19 of an alternative water source project designed to 

20 meet critical water supply needs. 

21 ‘‘(2) EXCLUSION.—A grant received under this 

22 section may not be used for planning, a feasibility 

23 study, operation, maintenance, replacement, repair, 

24 or rehabilitation. 


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1 ‘‘(f) COST SHARING.—The Federal share of the eligi2 ble costs of an alternative water source project carried out 

3 using a grant under this section shall be not more than 

4 50 percent. 

5 ‘‘(g) REPORT.—Not later than September 30, 2023, 

6 the Administrator shall submit to Congress a report de7 scribing the results of the grant program established 

8 under subsection (b), including progress toward meeting 

9 the critical water supply needs of the grant recipients. 

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

11 is authorized to be appropriated to carry out this section 

12 $500,000,000 for fiscal year 2020 and each fiscal year 

13 thereafter, to remain available until expended. 

14 ‘‘(i) POLICY.—Nothing in this section affects the ap15 plication of section 101(g) and all of the provisions of this 

16 section shall be carried out in accordance with that sec17 tion.’’. 

18 SEC. 304. MANDATORY SPENDING FOR WATER INFRA19 STRUCTURE PROGRAMS. 

20 (a) CLEAN WATER PROGRAMS.— 

21 (1) IN GENERAL.—At the beginning of each fis22 cal year, the Administrator shall obligate for the fis23 cal year— 

24 (A) $174,250,000 to make grants to non25 profit organizations to provide technical assistVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 ance and disseminate information under section 

2 104(b)(8) of the Federal Water Pollution Con3 trol Act (33 U.S.C. 1254(b)(8)); 

4 (B) $522,750,000 to make grants for pol5 lution control programs under section 106 of 

6 the Federal Water Pollution Control Act (33 

7 U.S.C. 1256); 

8 (C) $871,250,000 to make grants for the 

9 implementation of management programs under 

10 section 319(h)(1) of the Federal Water Pollu11 tion Control Act (33 U.S.C. 1329(h)(1)); and 

12 (D) $1,000,000 to assist in the planning, 

13 development, strengthening, improving, or car14 rying out of programs or projects for the prepa15 ration of undergraduate students to enter an 

16 occupation which involves the design, operation, 

17 and maintenance of treatment works and other 

18 facilities under section 109 of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1259). 

20 (2) PRIORITIES.—Notwithstanding any other 

21 provision of law, in using the funds obligated under 

22 paragraph (1), the Administrator shall give priority 

23 to projects or programs that— 

24 (A) benefit low-income communities; 


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1 (B) benefit communities that are subject to 

2 a consent decree in an action brought under the 

3 Federal Water Pollution Control Act (33 U.S.C. 

4 1251 et seq.); 

5 (C) reflect a variety of geographic condi6 tions; and 

7 (D) benefit communities with a history of 

8 degraded environmental conditions. 

9 (3) FUNDING.— 

10 (A) IN GENERAL.—On October 1 of each 

11 fiscal year, out of any funds in the Treasury 

12 not otherwise appropriated, the Secretary of the 

13 Treasury shall transfer to the Administrator to 

14 carry out this subsection $1,569,250,000, to re15 main available until expended. 

16 (B) RECEIPT AND ACCEPTANCE.—The Ad17 ministrator shall be entitled to receive, shall ac18 cept, and shall use to carry out this section the 

19 funds transferred under subparagraph (A), 

20 without further appropriation. 

21 (b) SAFE DRINKING WATER PROGRAMS.— 

22 (1) IN GENERAL.—At the beginning of each fis23 cal year, the Administrator shall obligate for the fis24 cal year— 


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1 (A) $174,250,000 to provide technical as2 sistance to small public water systems to enable 

3 those systems to achieve and maintain compli4 ance with applicable national primary drinking 

5 water regulations under section 1442(e) of the 

6 Safe Drinking Water Act (42 U.S.C. 300j– 

7 1(e)); and 

8 (B) $1,045,500,000 to make grants under 

9 the voluntary school and child care program 

10 lead testing grant program under section 

11 1464(d) of the Safe Drinking Water Act (42 

12 U.S.C. 300j–24(d)). 

13 (2) PRIORITIES.—Notwithstanding any other 

14 provision of law, in using the funds obligated under 

15 paragraph (1), the Administrator shall give priority 

16 to projects or programs that— 

17 (A) benefit low-income communities; 

18 (B) benefit communities that are subject to 

19 a consent decree in an action brought under the 

20 Safe Drinking Water Act (42 U.S.C. 300f et 

21 seq.); 

22 (C) reflect a variety of geographic condi23 tions; and 

24 (D) benefit communities with a history of 

25 degraded environmental conditions. 


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1 (3) FUNDING.— 

2 (A) IN GENERAL.—On October 1 of each 

3 fiscal year, out of any funds in the Treasury 

4 not otherwise appropriated, the Secretary of the 

5 Treasury shall transfer to the Administrator to 

6 carry out this subsection $1,219,750,000, to re7 main available until expended. 

8 (B) RECEIPT AND ACCEPTANCE.—The Ad9 ministrator shall be entitled to receive, shall ac10 cept, and shall use to carry out this section the 

11 funds transferred under subparagraph (A), 

12 without further appropriation. 

13 (c) STATE REVOLVING FUNDS.— 

14 (1) IN GENERAL.—At the beginning of each fis15 cal year, the Administrator shall obligate for the fis16 cal year— 

17 (A) $15,682,500,000 for making capital18 ization grants for State water pollution control 

19 revolving funds established under title VI of the 

20 Federal Water Pollution Control Act (33 U.S.C. 

21 1381 et seq.); and 

22 (B) $15,159,750,000 for making capital23 ization grants for State drinking water treat24 ment revolving loan funds established under 


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1 section 1452 of the Safe Drinking Water Act 

2 (42 U.S.C. 300j–12). 

3 (2) FUNDING.— 

4 (A) IN GENERAL.—On October 1 of each 

5 fiscal year, out of any funds in the Treasury 

6 not otherwise appropriated, the Secretary of the 

7 Treasury shall transfer to the Administrator to 

8 carry out this subsection $30,842,250,000, to 

9 remain available until expended. 

10 (B) RECEIPT AND ACCEPTANCE.—The Ad11 ministrator shall be entitled to receive, shall ac12 cept, and shall use to carry out this section the 

13 funds transferred under subparagraph (A), 

14 without further appropriation. 

15 (3) SENSE OF CONGRESS.—It is the sense of 

16 Congress that States should use the funding pro17 vided under this subsection to give priority to 

18 projects that— 

19 (A) benefit low-income communities; 

20 (B) benefit communities that are subject to 

21 a consent decree in an action brought under the 

22 Safe Drinking Water Act (42 U.S.C. 300f et 

23 seq.); 

24 (C) reflect a variety of geographic condi25 tions; and 


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1 (D) benefit communities with a history of 

2 degraded environmental conditions. 

3 (d) MINIMUM ALLOCATION OF ADDITIONAL SUB4 SIDIZATION OF DRINKING WATER STATE REVOLVING

5 FUNDS.—Section 603(i)(3) of the Federal Water Pollu6 tion Control Act (33 U.S.C. 1383(i)(3)) is amended— 

7 (1) by redesignating subparagraphs (C) and 

8 (D) as subparagraphs (D) and (E), respectively; and 

9 (2) by inserting after subparagraph (B) the fol10 lowing: 

11 ‘‘(C) MINIMUM ALLOCATION OF ADDI12 TIONAL SUBSIDIZATION.—To the extent that 

13 there are sufficient applications for the assist14 ance described in paragraph (1)(A), in each fis15 cal year, a State shall use not less than 6 per16 cent of the total amount received by the State 

17 in capitalization grants under this title to pro18 vide additional subsidization under this sub19 section.’’. 

20 SEC. 305. EXPANDING AND INCREASING FUNDING FOR 

21 RURAL INDIVIDUAL AND CONNECTED WATER 

22 SYSTEMS PROGRAMS. 

23 (a) IN GENERAL.—At the beginning of each fiscal 

24 year, the Secretary of Agriculture (referred to in this sec25 tion as the ‘‘Secretary’’) shall obligate for the fiscal year— 


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1 (1) $871,250,000 in additional funding— 

2 (A) to make grants for individual house3 hold water well systems and individually owned 

4 household decentralized wastewater systems, in5 cluding drainage fields, under section 306E of 

6 the Consolidated Farm and Rural Development 

7 Act (7 U.S.C. 1926e); and 

8 (B) for water or waste disposal grants 

9 under section 306(a)(2) of the Consolidated 

10 Farm and Rural Development Act (7 U.S.C. 

11 1926(a)(2)); and 

12 (2) $100,000,000 in additional funding to make 

13 grants under the Special Evaluation Assistance for 

14 Rural Communities and Households program under 

15 section 306(a)(2)(C) of the Consolidated Farm and 

16 Rural Development Act (7 U.S.C. 1926(a)(2)(C)). 

17 (b) FUNDING.— 

18 (1) IN GENERAL.—On October 1 of each fiscal 

19 year, out of any funds in the Treasury not otherwise 

20 appropriated, the Secretary of the Treasury shall 

21 transfer to the Secretary to carry out this section 

22 $971,250,000, to remain available until expended. 

23 (2) RECEIPT AND ACCEPTANCE.—The Sec24 retary shall be entitled to receive, shall accept, and 

25 shall use to carry out this section the funds transVerDate Sep 11 2014 01:39 Sep 12, 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 ferred under paragraph (1), without further appro2 priation. 

3 (c) RURAL DECENTRALIZED WATER SYSTEMS.—Sec4 tion 306E(b)(1) of the Consolidated Farm and Rural De5 velopment Act (7 U.S.C. 1926e(b)(1)) is amended— 

6 (1) by inserting ‘‘replacement, repairing,’’ after 

7 ‘‘construction,’’; and 

8 (2) by inserting ‘‘, including drainage fields,’’ 

9 after ‘‘wastewater systems’’. 

10 SEC. 306. INCREASED FUNDING FOR WATER MANAGEMENT 

11 IMPROVEMENT. 

12 Section 9504(e) of the Omnibus Public Land Man13 agement Act of 2009 (42 U.S.C. 10364(e)) is amended 

14 by striking ‘‘$480,000,000’’ and inserting 

15 ‘‘$550,000,000’’. 

16 SEC. 307. WATER EFFICIENCY AND CONSERVATION BLOCK 

17 GRANT PROGRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means— 

21 (A) a State; 

22 (B) a unit of local government; 

23 (C) an entity established by an interstate 

24 compact; and 

25 (D) an Indian tribe. 


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1 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 5304). 

5 (3) PROGRAM.—The term ‘‘program’’ means 

6 the program established under subsection (b). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (5) STATE.—The term ‘‘State’’ means— 

10 (A) a State; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 and 

14 (D) any other territory or possession of the 

15 United States. 

16 (b) ESTABLISHMENT.—The Secretary shall establish 

17 a program, to be known as the ‘‘Water Efficiency and 

18 Conservation Block Grant Program’’, under which the 

19 Secretary shall provide grants to eligible entities to carry 

20 out activities to achieve the purpose of the program de21 scribed in subsection (c). 

22 (c) PURPOSE.—The purpose of the program is to as23 sist eligible entities in implementing strategies— 

24 (1) to reduce water use in a manner that— 

25 (A) is environmentally sustainable; 


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1 (B) improves the affordability of water and 

2 sanitation for disadvantaged communities; and 

3 (C) maximizes benefits for local and re4 gional communities; 

5 (2) to reduce the total water use of the people, 

6 businesses, farms, and institutions located within the 

7 jurisdiction of eligible entities receiving grants under 

8 the program; 

9 (3) to improve water efficiency in the agricul10 tural sector, building sector, or any other appro11 priate sector operating within the jurisdictions of the 

12 eligible entities receiving grants under the program; 

13 and 

14 (4) to reduce the energy required to pump, 

15 transport, treat, and heat water. 

16 (d) ACTIVITIES.—An eligible entity may use a grant 

17 under the program to carry out activities that include— 

18 (1) developing and implementing a water effi19 ciency and conservation strategy; 

20 (2) retaining technical consultant services to as21 sist in the development of the strategy described in 

22 paragraph (1), including services to assist with— 

23 (A) the formulation of water efficiency, 

24 water conservation, and water usage goals; 


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1 (B) the engagement of water users and 

2 other stakeholders in the identification of goals 

3 and priorities for water efficiency and conserva4 tion; 

5 (C) the identification of strategies to 

6 achieve the goals formulated under subpara7 graphs (A) and (B)— 

8 (i) through investments in physical 

9 measures to increase water efficiency and 

10 reduce water consumption; 

11 (ii) by encouraging water conservation 

12 practices by— 

13 (I) the population served by the 

14 eligible entity; and 

15 (II) the suppliers of water and 

16 sanitation services operating within 

17 the jurisdiction of the eligible entity; 

18 and 

19 (iii) by collecting any revenues that 

20 may be required to support the implemen21 tation of those strategies through fair and 

22 transparent mechanisms that encourage ef23 ficient water use and support the afford24 ability of water and sanitation services for 

25 low-income households; 


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1 (D) the development of methods to meas2 ure progress in achieving the goals formulated 

3 under subparagraphs (A) and (B); 

4 (E) the development and publication of an5 nual reports, made available to the population 

6 served by the eligible entity, describing— 

7 (i) the goals formulated under sub8 paragraphs (A) and (B) and the strategies 

9 identified under subparagraph (C); and 

10 (ii) the progress made in achieving 

11 those goals and strategies during the pre12 ceding calendar year; and 

13 (F) any other activities appropriate to im14 plement the strategy described in paragraph 

15 (1); 

16 (3) conducting residential and commercial 

17 building water audits; 

18 (4) conducting water loss audits of public water 

19 distribution systems, securing validation of the audit 

20 reports, and conducting component analyses of any 

21 leaks and losses described in an audit report; 

22 (5) establishing a financial incentive program 

23 for water efficiency improvements; 

24 (6) providing grants to nonprofit organizations, 

25 governmental agencies, and Tribal governments for 


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1 the purpose of performing water efficiency upgrades 

2 that result in quantifiable savings; 

3 (7) developing and implementing water effi4 ciency and conservation programs for buildings and 

5 facilities within the jurisdiction of the eligible entity, 

6 including programs that— 

7 (A) identify the most effective methods for 

8 achieving maximum participation rates and ad9 ministrative efficiency; 

10 (B) effectively engage the owners and ten11 ants of affordable housing; 

12 (C) have a public education component; 

13 (D) use measurement and verification pro14 tocols; and 

15 (E) identify water efficient technologies; 

16 (8) developing and implementing building codes 

17 and inspection services to promote building water ef18 ficiency; 

19 (9) adopting ordinances for the annual 

20 benchmarking of the water use of large buildings 

21 and the public posting of water benchmark reports; 

22 (10) implementing water distribution tech23 nologies that significantly increase water efficiency, 

24 including— 


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1 (A) customer service meters with enhanced 

2 accuracy at low flow levels; 

3 (B) automated meter infrastructure for 

4 data collection, analysis, and display; 

5 (C) pressure monitoring and management 

6 to mitigate excessive pressure; 

7 (D) agricultural water distribution im8 provements, including— 

9 (i) water measurement devices of suf10 ficient accuracy to use for billing purposes; 

11 (ii) enclosure and pressurization of 

12 agricultural water delivery systems; and 

13 (iii) addition of regulatory storage and 

14 automated controls within distribution sys15 tems to enable fulfillment of irrigation de16 livery requests in not more than 24 hours; 

17 and 

18 (E) other activities that may have water 

19 conservation and efficiency benefits; and 

20 (11) any other appropriate activities, as deter21 mined by the Secretary, in consultation with— 

22 (A) the Administrator of the Environ23 mental Protection Agency; 

24 (B) the Secretary of Transportation; 

25 (C) the Secretary of Agriculture; and 


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1 (D) the Secretary of Housing and Urban 

2 Development. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

5 out this section $2,000,000,000 for each of fiscal years 

6 2020 through 2024. 

7 SEC. 308. RURAL WATER SUPPLY PROGRAM REAUTHORIZA8 TION. 

9 (a) AUTHORIZATION OF APPROPRIATION.—Section 

10 109(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 

11 2408(a)) is amended by striking ‘‘2016’’ and inserting 

12 ‘‘2026’’. 

13 (b) TERMINATION OF AUTHORITY.—Section 110 of 

14 the Rural Water Supply Act of 2006 (43 U.S.C. 2409) 

15 is amended by striking ‘‘2016’’ and inserting ‘‘2026’’. 

16 SEC. 309. COMBATING PFAS. 

17 Section 1412 of the Safe Drinking Water Act (42 

18 U.S.C. 300g–1) is amended by adding at the end the fol19 lowing: 

20 ‘‘(f) PERFLUOROALKYL AND POLYFLUOROALKYL

21 SUBSTANCES.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of this Act and subject to paragraph (3), 

24 the Administrator shall promulgate under subsection 


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1 (b)(1)(D) an interim national primary drinking 

2 water regulation— 

3 ‘‘(A) for each perfluoroalkyl or 

4 polyfluoroalkyl substance described in para5 graph (2) for which the Administrator has es6 tablished a health advisory under subsection 

7 (b)(1)(F) or a toxicity value, not later than 2 

8 years after the date of enactment of this sub9 section; and 

10 ‘‘(B) for the class of perfluoroalkyl and 

11 polyfluoroalkyl substances described in para12 graph (2) for which the Administrator has not 

13 established a health advisory under subsection 

14 (b)(1)(F) or a toxicity value, not later than 4 

15 years after the date of enactment of this sub16 section. 

17 ‘‘(2) PERFLUOROALKYL AND

18 POLYFLUOROALKYL SUBSTANCE DESCRIBED.—A 

19 perfluoroalkyl and polyfluoroalkyl substance referred 

20 to in paragraph (1) is a perfluoroalkyl or 

21 polyfluoroalkyl substance for which the Adminis22 trator has validated a method to measure the level 

23 of that substance in drinking water. 


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1 ‘‘(3) REQUIREMENT.—An interim national pri2 mary drinking water regulation promulgated pursu3 ant to paragraph (1) shall be— 

4 ‘‘(A) protective of the health of vulnerable 

5 populations, including pregnant women, infants, 

6 and children; and 

7 ‘‘(B) shall be as stringent as feasible (as 

8 defined in subsection (b)(4)(D)).’’. 

9 SEC. 310. MULTI-BENEFIT PROJECTS TO IMPROVE WATER10 SHED HEALTH. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of the Inte13 rior, in consultation with the heads of relevant agencies, 

14 shall establish a competitive grant program for habitat 

15 restoration projects that accomplish 1 or more of the fol16 lowing: 

17 (1) Improve watershed health. 

18 (2) Mitigate against the impacts of climate 

19 change. 

20 (3) Benefit ecosystems. 

21 (4) Protect against endemic species. 

22 (5) Restore aspects of the natural ecosystem. 

23 (6) Enhance commercial and recreational fish24 ing. 

25 (b) REQUIREMENTS.— 


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1 (1) IN GENERAL.—In awarding a grant under 

2 subsection (a), the Secretary— 

3 (A) shall give priority to a project that 

4 achieves more than 1 of the benefits described 

5 in that subsection; and 

6 (B) may not provide a grant for a project 

7 that is for the purpose of meeting existing envi8 ronmental mitigation or compliance obligations. 

9 (2) COMPLIANCE.—A project awarded a grant 

10 under subsection (a) shall comply with all applicable 

11 Federal and State laws. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $150,000,000 for each of fiscal years 2020 through 2024. 

Æ 


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