I 

113TH CONGRESS 

2D SESSION H. R. 5534 

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; and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. TONKO (for himself and Mr. WAXMAN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental 

management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

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

6 ‘‘Assistance, Quality, and Affordability Act of 2014’’. 


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

2 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. Affordability of new standards. 

Sec. 14. Focus on lifecycle costs. 

Sec. 15. Enforcement. 

Sec. 16. Presence of pharmaceuticals and personal care products in sources of 

drinking water. 

Sec. 17. Electronic reporting of compliance monitoring data to the Administrator. 

Sec. 18. Best practices for administration of State revolving loan fund programs. 

Sec. 19. Water loss and leak control technology. 

3 (c) REFERENCES.—Except as otherwise specified, 

4 whenever in this Act an amendment is expressed in terms 

5 of an amendment to a section or other provision, the ref6 erence shall be considered to be made to a section or other 

7 provision of the Safe Drinking Water Act (42 U.S.C. 300f 

8 et seq.). 

9 SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC 

10 WATER SYSTEMS. 

11 Subsection (e) of section 1442 (42 U.S.C. 300j–1(e)) 

12 is amended to read as follows: 

13 ‘‘(e) TECHNICAL ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—The Administrator, directly 

2 or through grants or cooperative agreements with 

3 nonprofit organizations, may provide technical as4 sistance to small public water systems to enable such 

5 systems to achieve and maintain compliance with ap6 plicable national primary drinking water regulations. 

7 ‘‘(2) TYPES OF ASSISTANCE.—Technical assist8 ance under paragraph (1) may include onsite tech9 nical assistance and compliance assistance; circuit10 rider and multi-State regional technical assistance 

11 programs; training; assistance with implementing 

12 source water protection programs; engineering as13 sistance provided without cost to the system through 

14 volunteer programs or educational programs; assist15 ance with increasing water or energy efficiency; as16 sistance with designing, installing, or operating sus17 tainable energy infrastructure to produce or capture 

18 sustainable energy on site or through water trans19 port; assistance with developing technical, financial, 

20 and managerial capacity; assistance with long-term 

21 infrastructure planning; assistance with applying for 

22 funds from a State loan fund under section 1452; 

23 and assistance with implementation of monitoring 

24 plans, rules, regulations, and water security en25 hancements. 


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1 ‘‘(3) PRIORITY.—In providing assistance under 

2 this subsection, the Administrator shall give priority 

3 to assistance that will promote compliance with na4 tional primary drinking water standards, public 

5 health protection, and long-term sustainability of 

6 small public water systems. In awarding grants and 

7 cooperative assistance under paragraph (1) to non8 profit organizations, the Administrator shall (subject 

9 to the preceding sentence) give greater weight to 

10 nonprofit organizations that, as determined by the 

11 Administrator, are most qualified and most effective 

12 and that, as determined by the Administrator using 

13 information where available, are providing the types 

14 of technical assistance that are preferred by small 

15 public water systems. 

16 ‘‘(4) COMPETITIVE PROCEDURES.—It is the 

17 presumption of Congress that any award of assist18 ance under this subsection will be awarded using 

19 competitive procedures based on merit. If assistance 

20 is awarded under this subsection using procedures 

21 other than competitive procedures, the Adminis22 trator shall submit to the Congress, within 90 days 

23 of the award decision, a report explaining why com24 petitive procedures were not used. 

25 ‘‘(5) FUNDING.— 


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1 ‘‘(A) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this subsection $20,000,000 for 

4 each of fiscal years 2015 through 2019. 

5 ‘‘(B) PROHIBITION ON EARMARKS.—No 

6 funds made available under this subsection may 

7 be used to carry out a provision or report lan8 guage included primarily at the request of a 

9 Member, Delegate, Resident Commissioner, or 

10 Senator providing, authorizing, or recom11 mending a specific amount of discretionary 

12 budget authority, credit authority, or other 

13 spending authority for a contract, loan, loan 

14 guarantee, grant, loan authority, or other ex15 penditure with or to an entity, or targeted to a 

16 specific State, locality, or congressional district, 

17 other than through a statutory or administra18 tive formula-driven or competitive award proc19 ess. 

20 ‘‘(C) LOBBYING EXPENSES.—No portion of 

21 any State loan fund established under section 

22 1452 and no portion of any funds made avail23 able under this subsection may be used for lob24 bying expenses. 


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1 ‘‘(D) INDIAN TRIBES.—Of the total 

2 amount made available under this section for 

3 each fiscal year, 3 percent shall be used for 

4 technical assistance to public water systems 

5 owned or operated by Indian Tribes.’’. 

6 SEC. 3. PREVAILING WAGES. 

7 Subsection (e) of section 1450 (42 U.S.C. 300j–9) 

8 is amended to read as follows: 

9 ‘‘(e) LABOR STANDARDS.— 

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

11 take such action as the Administrator determines to 

12 be necessary to ensure that each laborer and me13 chanic employed by a contractor or subcontractor in 

14 connection with a construction project financed, in 

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

16 refinancing, or any other form of financial assistance 

17 provided under this title (including assistance pro18 vided by a State loan fund established under section 

19 1452) is paid wages at a rate of not less than the 

20 wages prevailing for the same type of work on simi21 lar construction in the immediate locality, as deter22 mined by the Secretary of Labor in accordance with 

23 subchapter IV of chapter 31 of title 40, United 

24 States Code. 


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

2 With respect to the labor standards specified in this 

3 subsection, the Secretary of Labor shall have the au4 thority and functions established in Reorganization 

5 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec6 tion 3145 of title 40, United States Code.’’. 

7 SEC. 4. USE OF FUNDS. 

8 Section 1452(a)(2) (42 U.S.C. 300j–12(a)(2)) is 

9 amended— 

10 (1) by striking ‘‘Except as otherwise’’ and in11 serting the following: 

12 ‘‘(A) IN GENERAL.—Except as otherwise’’; 

13 (2) by striking ‘‘Financial assistance under this 

14 section’’ and inserting the following: 

15 ‘‘(B) PERMISSIBLE EXPENDITURES.—Fi16 nancial assistance under this section’’; 

17 (3) by striking ‘‘The funds may also be used’’ 

18 and inserting the following: 

19 ‘‘(D) CERTAIN LOANS.—Financial assist20 ance under this section may also be used’’; 

21 (4) by striking ‘‘The funds shall not be used’’ 

22 and inserting the following: 

23 ‘‘(E) LIMITATION.—Financial assistance 

24 under this section shall not be used’’; 


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1 (5) by striking ‘‘Of the amount credited’’ and 

2 inserting the following: 

3 ‘‘(F) SET-ASIDE.—Of the amount cred4 ited’’; 

5 (6) in subparagraph (B) (as designated by 

6 paragraph (2)) by striking ‘‘(not’’ and inserting 

7 ‘‘(including expenditures for planning, design, siting, 

8 and associated preconstruction activities, for replac9 ing or rehabilitating aging treatment, storage, or 

10 distribution facilities of public water systems, or for 

11 producing or capturing sustainable energy on site or 

12 through the transportation of water through the 

13 public water system, but not’’; and 

14 (7) by inserting after such subparagraph (B) 

15 the following: 

16 ‘‘(C) SALE OF BONDS.—If a State issues 

17 revenue or general obligation bonds to provide 

18 all or part of the State contribution required by 

19 subsection (e), and the proceeds of the sale of 

20 such bonds will be deposited into the State loan 

21 fund— 

22 ‘‘(i) financial assistance made avail23 able under this section may be used by the 

24 State as security for payment of the prin25 cipal and interest on such bonds; and 


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1 ‘‘(ii) interest earnings of the State 

2 loan fund may be used by the State as rev3 enue for payment of the principal and in4 terest on such bonds.’’. 

5 SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATE6 RIALS. 

7 Section 1452(a) (42 U.S.C. 300j–12(a)) is amended 

8 by adding at the end the following new paragraph: 

9 ‘‘(4) REQUIREMENTS FOR USE OF AMERICAN

10 MATERIALS.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law, none of the funds made 

13 available by a State loan fund as authorized 

14 under this section may be used for a project for 

15 the construction, alteration, maintenance, or re16 pair of a public water system unless all of the 

17 iron and steel products used in such project are 

18 produced in the United States. 

19 ‘‘(B) APPLICATION.—Subparagraph (A) 

20 shall not apply in any case in which the Admin21 istrator (in consultation with the Governor of 

22 the State) finds that— 

23 ‘‘(i) applying subparagraph (A) would 

24 be inconsistent with the public interest; 


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1 ‘‘(ii) iron and steel products are not 

2 produced in the United States in sufficient 

3 and reasonably available quantities and of 

4 a satisfactory quality; or 

5 ‘‘(iii) inclusion of iron and steel prod6 ucts produced in the United States will in7 crease the cost of the overall project by 

8 more than 25 percent. 

9 ‘‘(C) WAIVER.—If the Administrator re10 ceives a request for a waiver under this section, 

11 the Administrator shall— 

12 ‘‘(i) make available to the public, on 

13 an informal basis, a copy of the request 

14 and information available to the Adminis15 trator concerning the request; 

16 ‘‘(ii) make the request and accom17 panying information available by electronic 

18 means, including on the official public 

19 Internet site of the Environmental Protec20 tion Agency; and 

21 ‘‘(iii) allow for informal public input 

22 on the request for at least 15 days prior to 

23 making a finding based on the request. 

24 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

25 AGREEMENTS.—This paragraph shall be applied 


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1 in a manner consistent with United States obli2 gations under international agreements. 

3 ‘‘(E) DEFINITION OF IRON AND STEEL

4 PRODUCTS.—In this paragraph, the term ‘iron 

5 and steel products’ means the following prod6 ucts made primarily of iron or steel: lined or 

7 unlined pipes and fittings, manhole covers and 

8 other municipal castings, hydrants, tanks, 

9 flanges, pipe clamps and restraints, valves, 

10 structural steel, reinforced precast concrete, 

11 and construction materials.’’. 

12 SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PER13 SISTENT VIOLATIONS. 

14 Section 1452(b)(2) (42 U.S.C. 300j–12(b)(2)) is 

15 amended— 

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

17 the end; 

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

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

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

21 ‘‘(D) a list of all water systems within the 

22 State that have in effect an exemption or vari23 ance for any national primary drinking water 

24 regulation or that are in persistent violation of 

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1 nant level or treatment technique under a na2 tional primary drinking water regulation, in3 cluding identification of— 

4 ‘‘(i) the national primary drinking 

5 water regulation in question for each such 

6 exemption, variance, or violation; and 

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

8 or variance came into effect or the viola9 tion began.’’. 

10 SEC. 7. ASSISTANCE FOR RESTRUCTURING. 

11 (a) DEFINITION.—Section 1401 (42 U.S.C. 300f) is 

12 amended by adding at the end the following: 

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

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

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

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

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

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

23 inserting ‘‘restructuring’’. 


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1 SEC. 8. PRIORITY AND WEIGHT OF APPLICATIONS. 

2 (a) PRIORITY.—Section 1452(b)(3) (42 U.S.C. 300j– 

3 12(b)(3)) is amended— 

4 (1) in subparagraph (A)— 

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

6 end; 

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

8 the end and inserting ‘‘; and’’; and 

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

10 ‘‘(iv) improve the ability of systems to 

11 protect human health and comply with the 

12 requirements of this title affordably in the 

13 future.’’; 

14 (2) by redesignating subparagraph (B) as sub15 paragraph (D); 

16 (3) by inserting after subparagraph (A) the fol17 lowing: 

18 ‘‘(B) AFFORDABILITY OF NEW STAND19 ARDS.—For any year in which enforcement be20 gins for a new national primary drinking water 

21 standard, each State that has entered into a 

22 capitalization agreement pursuant to this sec23 tion shall evaluate whether capital improve24 ments required to meet the standard are afford25 able for disadvantaged communities in the 

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1 provements do not meet affordability criteria 

2 for disadvantaged communities in the State, the 

3 State’s intended use plan shall provide that pri4 ority for the use of funds for such year be given 

5 to public water systems affected by the stand6 ard and serving disadvantaged communities. 

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

8 After determining priority under subparagraphs 

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

10 that the State will give greater weight to an ap11 plication for assistance if the application con12 tains— 

13 ‘‘(i) a description of measures under14 taken by the system to improve the man15 agement and financial stability of the sys16 tem, which may include— 

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

19 of the assets; 

20 ‘‘(II) a schedule for replacement 

21 of assets; 

22 ‘‘(III) an audit of water losses; 

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

25 sources of revenue from ratepayers, 


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1 grants, bonds, other loans, and other 

2 sources to meet the costs; and 

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

5 ‘‘(ii) a demonstration of consistency 

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

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

10 plans by the Administrator under section 

11 1455(a); and 

12 ‘‘(iv) a description of measures under13 taken by the system to improve the effi14 ciency of the system or reduce the system’s 

15 environmental impact, which may in16 clude— 

17 ‘‘(I) water efficiency or conserva18 tion, including the rehabilitation or re19 placement of existing leaking pipes; 

20 ‘‘(II) use of reclaimed water; 

21 ‘‘(III) actions to increase energy 

22 efficiency; 

23 ‘‘(IV) actions to generate or cap24 ture sustainable energy on site or 


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1 through the transportation of water 

2 through the system; 

3 ‘‘(V) actions to protect source 

4 water; 

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

8 and cathodic protection; and 

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

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

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

14 (b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) 

15 is amended— 

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

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

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

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

23 in undertaking measures to improve the management, fi24 nancial stability, and efficiency of the system or reduce 

25 the system’s environmental impact.’’. 


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1 SEC. 9. DISADVANTAGED COMMUNITIES. 

2 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec3 tion 1452(b)(3) (42 U.S.C. 300j–12(b)(3)), as amended, 

4 is further amended by adding at the end the following: 

5 ‘‘(E) ASSISTANCE TO INCREASE COMPLI6 ANCE.—A State’s intended use plan shall pro7 vide that, of the funds received by the State 

8 through a capitalization grant under this sec9 tion for a fiscal year, the State will, to the ex10 tent that there are sufficient eligible project ap11 plications, reserve not less than 6 percent to be 

12 spent on assistance under subsection (d) to 

13 public water systems included in the State’s 

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

15 (b) ASSISTANCE FOR DISADVANTAGED COMMU16 NITIES.—Section 1452(d) (42 U.S.C. 300j–12(d)) is 

17 amended— 

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

19 following: ‘‘Such additional subsidization shall di20 rectly and primarily benefit the disadvantaged com21 munity.’’; and 

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

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

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

25 is amended by adding at the end: ‘‘Each State that has 

26 entered into a capitalization agreement pursuant to this 


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1 section shall, in establishing affordability criteria, con2 sider, solicit public comment on, and include as appro3 priate— 

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

5 will use to identify disadvantaged communities; 

6 ‘‘(B) a description of the institutional, reg7 ulatory, financial, tax, or legal factors at the 

8 Federal, State, or local level that affect identi9 fied affordability criteria; and 

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

11 use the authorities and resources under this 

12 subsection to assist communities meeting the 

13 identified criteria.’’. 

14 SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS. 

15 Section 1452(g) (42 U.S.C. 300j–12(g)) is amend16 ed— 

17 (1) in paragraph (2)— 

18 (A) in the first sentence, by striking ‘‘up 

19 to 4 percent of the funds allotted to the State 

20 under this section’’ and inserting ‘‘, for each 

21 fiscal year, an amount that does not exceed the 

22 sum of the amount of any fees collected by the 

23 State for use in covering reasonable costs of ad24 ministration of programs under this section, re25 gardless of the source, and an amount equal to 


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the greatest of $400,000, 1 1 ⁄5 of one percent of 

2 the current valuation of the State loan fund, or 

3 6 percent of all grant awards to the State loan 

4 fund under this section for the fiscal year,’’; 

5 (B) by striking ‘‘1419,’’ and all that fol6 lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 

7 and 

8 (C) in the matter following subparagraph 

9 (D), by striking ‘‘2 percent’’ and inserting ‘‘4 

10 percent’’; and 

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

12 ‘‘(5) TRANSFER OF FUNDS.— 

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

14 State may— 

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

16 more than the lesser of— 

17 ‘‘(I) 33 percent of a capitaliza18 tion grant made under this section; or 

19 ‘‘(II) 33 percent of a capitaliza20 tion grant made under section 601 of 

21 the Federal Water Pollution Control 

22 Act; and 

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

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1 tion or section 601 of the Federal Water 

2 Pollution Control Act. 

3 ‘‘(B) STATE MATCHING FUNDS.—Funds 

4 reserved under this paragraph shall not be con5 sidered for purposes of calculating the amount 

6 of a State contribution required by subsection 

7 (e) of this section or section 602(b) of the Fed8 eral Water Pollution Control Act.’’. 

9 SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

10 SAMOA, NORTHERN MARIANA ISLANDS, 

11 GUAM, AND THE VIRGIN ISLANDS. 

12 Section 1452(j) (42 U.S.C. 300j–12(j)) is amended 

13 by striking ‘‘0.33 percent’’ and inserting ‘‘1 percent’’. 

14 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

15 Subsection (m) of section 1452 (42 U.S.C. 300j–12) 

16 is amended to read as follows: 

17 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

19 appropriated to carry out this section— 

20 ‘‘(A) $1,200,000,000 for fiscal year 2015; 

21 ‘‘(B) $1,400,000,000 for fiscal year 2016; 

22 and 

23 ‘‘(C) $1,600,000,000 for fiscal year 2017. 


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

2 pursuant to this subsection shall remain available 

3 until expended. 

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

5 the amount made available under paragraph (1) to 

6 carry out this section for a fiscal year, the Adminis7 trator may reserve not more than $1,000,000 per 

8 year to pay the costs of conducting needs surveys 

9 under subsection (h).’’. 

10 SEC. 13. AFFORDABILITY OF NEW STANDARDS. 

11 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

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

13 (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the 

14 end the following: ‘‘If no technology, treatment technique, 

15 or other means is included in a list under this subpara16 graph for a category of small public water systems, the 

17 Administrator shall periodically review the list and supple18 ment it when new technology becomes available.’’. 

19 (b) ASSISTANCE FOR DISADVANTAGED COMMU20 NITIES.— 

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

22 1452(a)(1) (42 U.S.C. 300j–12(a)(1)) is amended— 

23 (A) by striking ‘‘except that the Adminis24 trator may reserve’’ and inserting ‘‘except 

25 that— 


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

2 of a new national primary drinking water 

3 standard begins, the Administrator may 

4 use the remaining amount to make grants 

5 to States whose public water systems are 

6 disproportionately affected by the new 

7 standard for the provision of assistance 

8 under subsection (d) to such public water 

9 systems; 

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

11 and 

12 (B) by striking ‘‘and none of the funds re13 allotted’’ and inserting ‘‘; and 

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

15 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

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

17 1(b)) is amended by striking paragraph (15). 

18 (B) Section 1415 (42 U.S.C. 300g–4) is 

19 amended by striking subsection (e). 

20 (3) CONFORMING AMENDMENT.—Subparagraph 

21 (B) of section 1414(c)(1) (42 U.S.C. 300g– 

22 3(c)(1)(B)) is amended by striking ‘‘(a)(2), or (e)’’ 

23 and inserting ‘‘or (a)(2)’’. 


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1 SEC. 14. FOCUS ON LIFECYCLE COSTS. 

2 Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is 

3 amended— 

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

5 cost into consideration’’ and inserting ‘‘taking 

6 lifecycle costs, including maintenance, replacement, 

7 and avoided costs, into consideration’’; and 

8 (2) in the matter preceding subclause (I) in 

9 subparagraph (E)(ii), by inserting ‘‘taking lifecycle 

10 costs, including maintenance, replacement, and 

11 avoided costs, into consideration,’’ after ‘‘as deter12 mined by the Administrator in consultation with the 

13 States,’’. 

14 SEC. 15. ENFORCEMENT. 

15 (a) ADVICE AND TECHNICAL ASSISTANCE.—Section 

16 1414 (42 U.S.C. 300g–3) is amended— 

17 (1) in the matter following clause (ii) in sub18 section (a)(1)(A), by striking ‘‘and provide such ad19 vice and technical assistance to such State and pub20 lic water system as may be appropriate to bring the 

21 system into compliance with the requirement by the 

22 earliest feasible time’’; and 

23 (2) in subsection (a)(1), by adding at the end 

24 the following: 

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

26 to a State and public water system under subparagraph 


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1 (A), the Administrator may provide such advice and tech2 nical assistance to such State and public water system as 

3 may be appropriate to bring the system into compliance 

4 with the requirement by the earliest feasible time. In de5 ciding whether the provision of advice or technical assist6 ance is appropriate, the Administrator may consider the 

7 potential for the violation to result in serious adverse ef8 fects to human health, whether the violation has occurred 

9 continuously or frequently, and the effectiveness of past 

10 technical assistance efforts.’’. 

11 (b) ADDITIONAL INSPECTIONS.— 

12 (1) IN GENERAL.—Section 1414 (42 U.S.C. 

13 300g–3) is amended— 

14 (A) by redesignating subsections (d) 

15 through (i) as subsections (e) through (j), re16 spectively; and 

17 (B) by inserting after subsection (c) the 

18 following: 

19 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA20 TIONS.— 

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

22 by regulation, and after consultation with the States, 

23 prescribe the number, frequency, and type of addi24 tional inspections to follow any violation requiring 


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1 notice under subsection (c). Regulations under this 

2 subsection shall— 

3 ‘‘(A) take into account— 

4 ‘‘(i) differences between violations 

5 that are intermittent or infrequent and vio6 lations that are continuous or frequent; 

7 ‘‘(ii) the seriousness of any potential 

8 adverse health effects that may be in9 volved; and 

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

11 violations by the public water system; and 

12 ‘‘(B) specify procedures for inspections fol13 lowing a violation by a public water system that 

14 has the potential to have serious adverse effects 

15 on human health as a result of short-term expo16 sure. 

17 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI18 BILITY.—Nothing in this subsection shall be con19 strued or applied to modify the requirements of sec20 tion 1413.’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Subsections (a)(1)(B), (a)(2)(A), and 

23 (b) of section 1414 (42 U.S.C. 300g–3) are 

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

25 place it appears and inserting ‘‘subsection (h)’’. 


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1 (B) Section 1448(a) is amended by strik2 ing ‘‘1414(g)(3)(B)’’ and inserting 

3 ‘‘1414(h)(3)(B)’’. 

4 SEC. 16. PRESENCE OF PHARMACEUTICALS AND PERSONAL 

5 CARE PRODUCTS IN SOURCES OF DRINKING 

6 WATER. 

7 Subsection (a) of section 1442 (42 U.S.C. 300j–1) 

8 is amended by adding at the end the following: 

9 ‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER10 SONAL CARE PRODUCTS IN SOURCES OF DRINKING

11 WATER.— 

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

13 out a study on the presence of pharmaceuticals and 

14 personal care products in sources of drinking water, 

15 which shall— 

16 ‘‘(i) identify pharmaceuticals and personal 

17 care products that have been detected in 

18 sources of drinking water and the levels at 

19 which such pharmaceuticals and personal care 

20 products have been detected; 

21 ‘‘(ii) identify the sources of pharma22 ceuticals and personal care products in sources 

23 of drinking water, including point sources and 

24 nonpoint sources of pharmaceutical and per25 sonal care products; 


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1 ‘‘(iii) identify the effects of such products 

2 on humans, the environment, and the safety of 

3 drinking water; and 

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

5 treat, or prevent the presence of such products. 

6 ‘‘(B) CONSULTATION.—The Administrator shall 

7 conduct the study described in subparagraph (A) in 

8 consultation with the Secretary of Health and 

9 Human Services (acting through the Commissioner 

10 of Food and Drugs), the Director of the United 

11 States Geological Survey, the heads of other appro12 priate Federal agencies (including the National In13 stitute of Environmental Health Sciences), and other 

14 interested stakeholders (including manufacturers of 

15 pharmaceuticals and personal care products and 

16 consumer groups and advocates). 

17 ‘‘(C) REPORT.—Not later than 4 years after 

18 the date of the enactment of this paragraph, the Ad19 ministrator shall submit to the Congress a report on 

20 the results of the study carried out under this para21 graph. 

22 ‘‘(D) DEFINITIONS.—In this paragraph: 

23 ‘‘(i) The term ‘personal care product’ has 

24 the meaning given the term ‘cosmetic’ in section 


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1 201 of the Federal Food, Drug, and Cosmetic 

2 Act. 

3 ‘‘(ii) The term ‘pharmaceutical’ has the 

4 meaning given the term ‘drug’ in section 201 of 

5 the Federal Food, Drug, and Cosmetic Act.’’. 

6 SEC. 17. ELECTRONIC REPORTING OF COMPLIANCE MONI7 TORING DATA TO THE ADMINISTRATOR. 

8 (a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g– 

9 3), as amended, is further amended by adding at the end 

10 the following: 

11 ‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE

12 MONITORING DATA TO THE ADMINISTRATOR.—The Ad13 ministrator shall by rule establish requirements for— 

14 ‘‘(1) electronic submission by public water sys15 tems of all compliance monitoring data— 

16 ‘‘(A) to the Administrator; or 

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

18 in a State which has primary enforcement re19 sponsibility under section 1413, to such State; 

20 and 

21 ‘‘(2) electronic submission to the Administrator 

22 by each State which has primary enforcement re23 sponsibility under section 1413 of all compliance 

24 monitoring data submitted to such State by public 

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


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1 (b) FINAL RULE.—Not later than 12 months after 

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

3 of the Environmental Protection Agency shall issue a final 

4 rule to carry out section 1414(k) of the Safe Drinking 

5 Water Act, as added by subsection (a). 

6 SEC. 18. BEST PRACTICES FOR ADMINISTRATION OF STATE 

7 REVOLVING LOAN FUND PROGRAMS. 

8 Section 1452 of the Safe Drinking Water Act (42 

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

10 (r), as added by section 8(b), the following: 

11 ‘‘(s) BEST PRACTICES FOR PROGRAM ADMINISTRA12 TION.—The Administrator shall— 

13 ‘‘(1) collect information from States on admin14 istration of State programs with respect to State 

15 loan funds, including— 

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

17 applying for assistance through such programs; 

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

19 completion of application forms; 

20 ‘‘(C) incentives provided to systems that 

21 partner with small public water systems for the 

22 application process; and 

23 ‘‘(D) techniques to ensure that obligated 

24 balances are liquidated in a timely fashion; 


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1 ‘‘(2) not later than 3 years after the date of en2 actment of the Assistance, Quality, and Affordability 

3 Act of 2014, disseminate to the States best practices 

4 for administration of such programs, based on the 

5 information collected pursuant to this subsection; 

6 and 

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

8 appropriate.’’. 

9 SEC. 19. WATER LOSS AND LEAK CONTROL TECHNOLOGY. 

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

11 300j et seq.) is amended by adding at the end the fol12 lowing: 

13 ‘‘SEC. 1459. WATER LOSS AND LEAK CONTROL TECH14 NOLOGY. 

15 ‘‘The Administrator shall— 

16 ‘‘(1) not later than 5 years after the date of en17 actment of the Assistance, Quality, and Affordability 

18 Act of 2014, develop criteria for effective water loss 

19 and leak control technology to be used by water sys20 tems; and 

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

22 manufacturer of such technology may apply, on a 

23 voluntary basis, for certification of compliance with 

24 such criteria.’’. 

Æ 


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