IB 

Union Calendar No. 52 

117TH CONGRESS 

1ST SESSION H. R. 3291 

[Report No. 117–76] 

To amend the Safe Drinking Water Act to provide assistance for States, 

territories, areas affected by natural disasters, and water systems and 

schools affected by PFAS or lead, and to require the Environmental 

Protection Agency to promulgate national primary drinking water regulations for PFAS, microcystin toxin, and 1,4-dioxane, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2021 

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

which was referred to the Committee on Energy and Commerce 

JUNE 29, 2021 

Additional sponsor: Mr. HORSFORD

JUNE 29, 2021 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 18, 2021] 


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A BILL 

To amend the Safe Drinking Water Act to provide assistance 

for States, territories, areas affected by natural disasters, 

and water systems and schools affected by PFAS or 

lead, and to require the Environmental Protection Agency to promulgate national primary drinking water regulations for PFAS, microcystin toxin, and 1,4-dioxane, and 

for other purposes. 


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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 ‘‘As5 sistance, Quality, and Affordability Act of 2021’’. 

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—INFRASTRUCTURE 

Sec. 101. Drinking water system resilience funding. 

Sec. 102. Grants for State programs. 

Sec. 103. American iron and steel products. 

Sec. 104. Assistance for disadvantaged communities. 

Sec. 105. Allotments for territories. 

Sec. 106. Drinking water SRF funding. 

Sec. 107. Lead service line replacement. 

Sec. 108. Drinking water assistance to colonias. 

Sec. 109. PFAS treatment grants. 

Sec. 110. Voluntary school and child care program lead testing grant program. 

Sec. 111. Grant program for installation of filtration stations at schools and 

child care programs. 

Sec. 112. Drinking water fountain replacement for schools. 

Sec. 113. Indian reservation drinking water program. 

Sec. 114. Assistance for areas affected by natural disasters. 

TITLE II—SAFETY 

Sec. 201. Enabling EPA to set standards for new drinking water contaminants. 

Sec. 202. National primary drinking water regulations for PFAS. 

Sec. 203. National primary drinking water regulations for microcystin toxin. 

Sec. 204. National primary drinking water regulations for 1,4–dioxane. 

Sec. 205. Elimination of small system variances. 

TITLE III—AFFORDABILITY 

Sec. 301. Emergency relief program. 

TITLE IV—OTHER MATTERS 

Sec. 401. Small urban and rural water system consolidation report. 


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1 TITLE I—INFRASTRUCTURE 

2 SEC. 101. DRINKING WATER SYSTEM RESILIENCE FUNDING. 

3 Section 1433(g) of the Safe Drinking Water Act (42 

4 U.S.C. 300i–2(g)) is amended— 

5 (1) in paragraph (1), by striking ‘‘and 2021’’ 

6 and inserting ‘‘through 2031’’; and 

7 (2) in paragraph (6)— 

8 (A) by striking ‘‘25,000,000’’ and inserting 

9 ‘‘50,000,000’’; and 

10 (B) by striking ‘‘2020 and 2021’’ and in11 serting ‘‘2022 through 2031’’. 

12 SEC. 102. GRANTS FOR STATE PROGRAMS. 

13 Section 1443(a)(7) of the Safe Drinking Water Act (42 

14 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 2021’’ 

15 and inserting ‘‘through 2031’’. 

16 SEC. 103. AMERICAN IRON AND STEEL PRODUCTS. 

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

18 (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘Dur19 ing fiscal years 2019 through 2023, funds’’ and inserting 

20 ‘‘Funds’’. 

21 SEC. 104. ASSISTANCE FOR DISADVANTAGED COMMU22 NITIES. 

23 Section 1452(d)(2)(A) of the Safe Drinking Water Act 

24 (42 U.S.C. 300j–12(d)(2)(A)) is amended by striking ‘‘35 

25 percent’’ and inserting ‘‘40 percent’’. 


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1 SEC. 105. ALLOTMENTS FOR TERRITORIES. 

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

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

4 and inserting ‘‘1.5 percent’’. 

5 SEC. 106. DRINKING WATER SRF FUNDING. 

6 Section 1452(m)(1) of the Safe Drinking Water Act 

7 (42 U.S.C. 300j–12(m)(1)) is amended— 

8 (1) in subparagraph (B), by striking ‘‘and’’; 

9 (2) in subparagraph (C), by striking ‘‘2021.’’ 

10 and inserting ‘‘2021;’’; and 

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

12 ‘‘(D) $4,140,000,000 for fiscal year 2022; 

13 ‘‘(E) $4,800,000,000 for fiscal year 2023; 

14 and 

15 ‘‘(F) $5,500,000,000 for each of fiscal years 

16 2024 through 2031.’’. 

17 SEC. 107. LEAD SERVICE LINE REPLACEMENT. 

18 (a) IN GENERAL.—Section 1452 of the Safe Drinking 

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

20 the end the following: 

21 ‘‘(u) LEAD SERVICE LINE REPLACEMENT.— 

22 ‘‘(1) IN GENERAL.—In addition to the capital23 ization grants to eligible States under subsection 

24 (a)(1), the Administrator shall offer to enter into 

25 agreements with States, Indian Tribes, and the terri26 tories described in subsection (j) to make grants, inVerDate Sep 11 2014 01:10 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3291.RH H3291

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1 cluding letters of credit, to such States, Indian Tribes, 

2 and territories under this subsection to fund the re3 placement of lead service lines. 

4 ‘‘(2) ALLOTMENTS.— 

5 ‘‘(A) STATES.—Funds made available to 

6 carry out this subsection shall be— 

7 ‘‘(i) allotted and reallotted to the extent 

8 practicable to States as if allotted or reallot9 ted under subsection (a)(1) as a capitaliza10 tion grant under such subsection; and 

11 ‘‘(ii) deposited into the State loan fund 

12 of a State receiving such funds pursuant to 

13 an agreement entered into pursuant to this 

14 subsection. 

15 ‘‘(B) INDIAN TRIBES.—The Administrator 

shall set aside 11 16 ⁄2 percent of the amounts made 

17 available each fiscal year to carry out this sub18 section to make grants to Indian Tribes. 

19 ‘‘(C) OTHER AREAS.—Funds made avail20 able to carry out this subsection shall be allotted 

21 to territories described in subsection (j) in ac22 cordance with such subsection. 

23 ‘‘(3) GRANTS.—Notwithstanding any other pro24 vision of this section, funds made available under this 


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1 subsection shall be used only for providing grants for 

2 the replacement of lead service lines. 

3 ‘‘(4) PRIORITY.—Each State, Indian Tribe, and 

4 territory that has entered into an agreement pursuant 

5 to this subsection shall annually prepare a plan that 

6 identifies the intended uses of the amounts made 

7 available to such State, Indian Tribe, or territory 

8 under this subsection, and any such plan shall— 

9 ‘‘(A) not be required to comply with sub10 section (b)(3); and 

11 ‘‘(B) provide, to the maximum extent prac12 ticable, that priority for the use of funds be given 

13 to projects that replace lead service lines serving 

14 disadvantaged communities and environmental 

15 justice communities. 

16 ‘‘(5) PLAN FOR REPLACEMENT.—Each State, In17 dian Tribe, and territory that has entered into an 

18 agreement pursuant to this subsection shall require 

19 each recipient of funds made available pursuant to 

20 this subsection to submit to the State, Indian Tribe, 

21 or territory a plan to replace all lead service lines in 

22 the applicable public water system within 10 years of 

23 receiving such funds. 

24 ‘‘(6) AMERICAN MADE IRON AND STEEL AND

25 PREVAILING WAGES.—The requirements of paragraphs 


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1 (4) and (5) of subsection (a) shall apply to any 

2 project carried out in whole or in part with funds 

3 made available under or pursuant to this subsection. 

4 ‘‘(7) LIMITATION.— 

5 ‘‘(A) PROHIBITION ON PARTIAL LINE RE6 PLACEMENT.—No funds made available pursuant 

7 to this subsection may be used for partial lead 

8 service line replacement if, at the conclusion of 

9 the service line replacement, drinking water is 

10 delivered through a publicly or privately owned 

11 portion of a lead service line. 

12 ‘‘(B) NO PRIVATE OWNER CONTRIBUTION.— 

13 Any recipient of funds made available pursuant 

14 to this subsection for lead service line replace15 ment shall offer to replace any privately owned 

16 portion of any lead service line with respect to 

17 which such funds are used at no cost to the pri18 vate owner. 

19 ‘‘(8) DISADVANTAGED COMMUNITY ASSIST20 ANCE.—All funds made available pursuant to this 

21 subsection to fund the replacement of lead service 

22 lines may be used to replace lead service lines serving 

23 disadvantaged communities. 

24 ‘‘(9) STATE CONTRIBUTION NOT REQUIRED.—No 

25 agreement entered into pursuant to paragraph (1) 


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1 shall require that a State deposit, at any time, in the 

2 applicable State loan fund from State moneys any 

3 contribution in order to receive funds under this sub4 section. 

5 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(A) IN GENERAL.—There are authorized to 

7 be appropriated to carry out this subsection 

8 $4,500,000,000 for each of fiscal years 2022 

9 through 2031. Such sums shall remain available 

10 until expended. 

11 ‘‘(B) ADDITIONAL AMOUNTS.—To the extent 

12 amounts authorized to be appropriated under 

13 this subsection in any fiscal year are not appro14 priated in that fiscal year, such amounts are au15 thorized to be appropriated in a subsequent fis16 cal year. Such sums shall remain available until 

17 expended. 

18 ‘‘(11) DEFINITIONS.—For purposes of this sub19 section: 

20 ‘‘(A) DISADVANTAGED COMMUNITY.—The 

21 term ‘disadvantaged community’ has the mean22 ing given such term in subsection (d)(3). 

23 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU24 NITY.—The term ‘environmental justice commu25 nity’ means any population of color, community 


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1 of color, indigenous community, or low-income 

2 community that experiences a disproportionate 

3 burden of the negative human health and envi4 ronmental impacts of pollution or other environ5 mental hazards. 

6 ‘‘(C) LEAD SERVICE LINE.—The term ‘lead 

7 service line’ means a pipe and its fittings, which 

8 are not lead free (as defined in section 1417(d)), 

9 that connect the drinking water main to the 

10 building inlet.’’. 

11 (b) CONFORMING AMENDMENT.—Section 1452(m)(1) 

12 of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) 

13 is amended by striking ‘‘(a)(2)(G) and (t)’’ and inserting 

14 ‘‘(a)(2)(G), (t), and (u)’’. 

15 SEC. 108. DRINKING WATER ASSISTANCE TO COLONIAS. 

16 Section 1456 of the Safe Drinking Water Act (42 

17 U.S.C. 300j–16) is amended— 

18 (1) in subsection (a)— 

19 (A) by redesignating paragraph (2) as 

20 paragraph (3); and 

21 (B) by inserting after paragraph (1) the fol22 lowing new paragraph: 

23 ‘‘(2) COVERED ENTITY.—The term ‘covered enti24 ty’ means each of the following: 

25 ‘‘(A) A border State. 


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1 ‘‘(B) A local government with jurisdiction 

2 over an eligible community.’’; 

3 (2) in subsection (b), by striking ‘‘border State’’ 

4 and inserting ‘‘covered entity’’; 

5 (3) in subsection (d), by striking ‘‘shall not ex6 ceed 50 percent’’ and inserting ‘‘may not be less than 

7 80 percent’’; and 

8 (4) in subsection (e)— 

9 (A) by striking ‘‘$25,000,000’’ and inserting 

10 ‘‘$100,000,000’’; and 

11 (B) by striking ‘‘1997 through 1999’’ and 

12 inserting ‘‘2022 through 2026’’. 

13 SEC. 109. PFAS TREATMENT GRANTS. 

14 Part E of the Safe Drinking Water Act (42 U.S.C. 300j 

15 et seq.) is amended by adding at the end the following new 

16 section: 

17 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS18 TEMS AFFECTED BY PFAS. 

19 ‘‘(a) ESTABLISHMENT.—Not later than 180 days after 

20 the date of enactment of this section, the Administrator 

21 shall establish a program to award grants to affected com22 munity water systems to pay for capital costs associated 

23 with the implementation of eligible treatment technologies. 

24 ‘‘(b) APPLICATIONS.— 


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1 ‘‘(1) GUIDANCE.—Not later than 12 months after 

2 the date of enactment of this section, the Adminis3 trator shall publish guidance describing the form and 

4 timing for community water systems to apply for 

5 grants under this section. 

6 ‘‘(2) REQUIRED INFORMATION.—The Adminis7 trator shall require a community water system apply8 ing for a grant under this section to submit— 

9 ‘‘(A) information showing the presence of a 

10 perfluoroalkyl or polyfluoroalkyl substance in 

11 water of the community water system; and 

12 ‘‘(B) a certification that the treatment tech13 nology in use by the community water system at 

14 the time of application is not sufficient to meet 

15 all applicable standards, and all applicable 

16 health advisories published pursuant to section 

17 1412(b)(1)(F), for perfluoroalkyl and 

18 polyfluoroalkyl substances. 

19 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH20 NOLOGIES.—Not later than 150 days after the date of enact21 ment of this section, and every 2 years thereafter, the Ad22 ministrator shall publish a list of treatment technologies 

23 that the Administrator determines are the most effective at 

24 removing perfluoroalkyl and polyfluoroalkyl substances 

25 from drinking water. 


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1 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

2 under this section, the Administrator shall prioritize an af3 fected community water system that— 

4 ‘‘(1) serves a disadvantaged community; 

5 ‘‘(2) will provide at least a 10-percent cost share 

6 for the cost of implementing an eligible treatment 

7 technology; 

8 ‘‘(3) demonstrates the capacity to maintain the 

9 eligible treatment technology to be implemented using 

10 the grant; or 

11 ‘‘(4) is located within an area with respect to 

12 which the Administrator has published a determina13 tion under the first sentence of section 1424(e) relat14 ing to an aquifer that is the sole or principal drink15 ing water source for the area. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be ap18 propriated to carry out this section $500,000,000 for 

19 each of the fiscal years 2022 through 2031. 

20 ‘‘(2) SPECIAL RULE.—Of the amounts authorized 

21 to be appropriated by paragraph (1), $25,000,000 are 

22 authorized to be appropriated for each of fiscal years 

23 2022 and 2023 for grants under subsection (a) to pay 

24 for capital costs associated with the implementation 

25 of eligible treatment technologies during the period beVerDate Sep 11 2014 01:10 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3291.RH H3291

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1 ginning on October 1, 2014, and ending on the date 

2 of enactment of this section. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

5 The term ‘affected community water system’ means a 

6 community water system that is affected by the pres7 ence of a perfluoroalkyl or polyfluoroalkyl substance 

8 in the water in the community water system. 

9 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

10 ‘disadvantaged community’ has the meaning given 

11 that term in section 1452. 

12 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.—The 

13 term ‘eligible treatment technology’ means a treat14 ment technology included on the list published under 

15 subsection (c).’’. 

16 SEC. 110. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM 

17 LEAD TESTING GRANT PROGRAM. 

18 Section 1464(d)(8) of the Safe Drinking Water Act (42 

19 U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and 2021’’ 

20 and inserting ‘‘through 2031’’. 


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1 SEC. 111. GRANT PROGRAM FOR INSTALLATION OF FILTRA2 TION STATIONS AT SCHOOLS AND CHILD 

3 CARE PROGRAMS. 

4 Section 1464 of the Safe Drinking Water Act (42 

5 U.S.C. 300j–24) is amended by adding at the end the fol6 lowing: 

7 ‘‘(e) GRANT PROGRAM FOR INSTALLATION AND MAIN8 TENANCE OF FILTRATION STATIONS.— 

9 ‘‘(1) PROGRAM.—The Administrator shall estab10 lish a program to make grants to States to assist local 

11 educational agencies in voluntary installation and 

12 maintenance of filtration stations at schools and child 

13 care programs under the jurisdiction of the local edu14 cational agencies. 

15 ‘‘(2) DIRECT GRANTS TO LOCAL EDUCATIONAL

16 AGENCIES.—The Administrator may make a grant 

17 described in paragraph (1) directly available to— 

18 ‘‘(A) any local educational agency described 

19 in clause (i) or (iii) of subsection (d)(1)(B) lo20 cated in a State that does not participate in the 

21 program established under paragraph (1); or 

22 ‘‘(B) any local educational agency described 

23 in clause (ii) of subsection (d)(1)(B). 

24 ‘‘(3) USE OF FUNDS.—Grants made under the 

25 program established under this subsection may be 

26 used to pay the costs of— 


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1 ‘‘(A) installation and maintenance of filtra2 tion stations at schools and child care programs; 

3 and 

4 ‘‘(B) annual testing of drinking water at 

5 such schools and child care programs following 

6 the installation of filtration stations. 

7 ‘‘(4) PRIORITY.—In making grants under the 

8 program established under this subsection, the Admin9 istrator shall give priority to States and local edu10 cational agencies that will assist in voluntary instal11 lation and maintenance of filtration stations at 

12 schools and child care programs that are in low-in13 come areas. 

14 ‘‘(5) GUIDANCE.—Not later than 180 days after 

15 the date of enactment of this subsection, the Adminis16 trator shall establish guidance to carry out the pro17 gram established under this subsection. 

18 ‘‘(6) NO PRIOR TESTING REQUIRED.—The pro19 gram established under this subsection shall not re20 quire testing for lead contamination in drinking 

21 water at schools and child care programs prior to 

22 participation in such program. 

23 ‘‘(7) DEFINITIONS.—In this subsection: 

24 ‘‘(A) CHILD CARE PROGRAM AND LOCAL

25 EDUCATIONAL AGENCY.—The terms ‘child care 


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1 program’ and ‘local educational agency’ have the 

2 meaning given such terms in subsection (d). 

3 ‘‘(B) FILTRATION STATION.—The term ‘fil4 tration station’ means an apparatus that— 

5 ‘‘(i) is connected to building plumbing; 

6 ‘‘(ii) is certified to the latest version of 

7 NSF/ANSI 53 for lead reduction and NSF/ 

8 ANSI 42 for particulate reduction (Class I) 

9 by a certification body accredited by the 

10 American National Standards Institute Na11 tional Accreditation Board; 

12 ‘‘(iii) has an indicator to show filter 

13 performance; 

14 ‘‘(iv) can fill bottles or containers for 

15 water consumption; and 

16 ‘‘(v) allows users to drink directly from 

17 a stream of flowing water. 

18 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection $50,000,000 for each of fiscal years 

21 2022 through 2031.’’. 


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1 SEC. 112. DRINKING WATER FOUNTAIN REPLACEMENT FOR 

2 SCHOOLS. 

3 Section 1465(d) of the Safe Drinking Water Act (42 

4 U.S.C. 300j–25(d)) is amended by striking ‘‘2021’’ and in5 serting ‘‘2031’’. 

6 SEC. 113. INDIAN RESERVATION DRINKING WATER PRO7 GRAM. 

8 Section 2001(d) of America’s Water Infrastructure Act 

9 of 2018 (Public Law 115–270) is amended by striking 

10 ‘‘2022’’ and inserting ‘‘2031’’. 

11 SEC. 114. ASSISTANCE FOR AREAS AFFECTED BY NATURAL 

12 DISASTERS. 

13 Section 2020 of America’s Water Infrastructure Act of 

14 2018 (Public Law 115–270) is amended— 

15 (1) in subsection (b)(1), by striking ‘‘subsection 

16 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’; 

17 (2) by redesignating subsections (c) through (e) 

18 as subsections (d) through (f), respectively; 

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) ASSISTANCE FOR TERRITORIES.—The Adminis22 trator may use funds made available under subsection (f)(1) 

23 to make grants to Guam, the Virgin Islands, American 

24 Samoa, and the Northern Mariana Islands for the purposes 

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1 crease compliance with national primary drinking water 

2 regulations.’’; and 

3 (4) in subsection (f), as so redesignated— 

4 (A) in the heading, by striking ‘‘STATE RE5 VOLVING FUND CAPITALIZATION’’; and 

6 (B) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by inserting ‘‘and to make 

9 grants under subsection (c) of this section,’’ 

10 before ‘‘to be available’’; and 

11 (ii) in subparagraph (A), by inserting 

12 ‘‘or subsection (c), as applicable’’ after ‘‘sub13 section (b)(1)’’. 

14 TITLE II—SAFETY 

15 SEC. 201. ENABLING EPA TO SET STANDARDS FOR NEW 

16 DRINKING WATER CONTAMINANTS. 

17 (a) IN GENERAL.—Section 1412(b)(6) of the Safe 

18 Drinking Water Act (42 U.S.C. 300g–1(b)(6)) is repealed. 

19 (b) CONFORMING AMENDMENTS.—Section 1412(b) of 

20 the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is 

21 amended— 

22 (1) in paragraph (3)(C)(i)— 

23 (A) by striking ‘‘paragraph (5) or (6)(A)’’ 

24 and inserting ‘‘paragraph (5)’’; and 


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1 (B) by striking ‘‘paragraphs (4), (5), and 

2 (6)’’ and inserting ‘‘paragraphs (4) and (5)’’; 

3 and 

4 (2) in paragraph (4)(B), by striking ‘‘para5 graphs (5) and (6)’’ and inserting ‘‘paragraph (5)’’. 

6 SEC. 202. NATIONAL PRIMARY DRINKING WATER REGULA7 TIONS FOR PFAS. 

8 Section 1412(b) of the Safe Drinking Water Act (42 

9 U.S.C. 300g–1(b)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(16) PERFLUOROALKYL AND POLYFLUOROALKYL

12 SUBSTANCES.— 

13 ‘‘(A) IN GENERAL.—Not later than 2 years 

14 after the date of enactment of this paragraph, the 

15 Administrator shall, after notice and oppor16 tunity for public comment, promulgate a na17 tional primary drinking water regulation for 

18 perfluoroalkyl and polyfluoroalkyl substances, 

19 which shall, at a minimum, include standards 

20 for— 

21 ‘‘(i) perfluorooctanoic acid (commonly 

22 referred to as ‘PFOA’); and 

23 ‘‘(ii) perfluorooctane sulfonic acid 

24 (commonly referred to as ‘PFOS’). 

25 ‘‘(B) ALTERNATIVE PROCEDURES.— 


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1 ‘‘(i) IN GENERAL.—Not later than 1 

2 year after the validation by the Adminis3 trator of an equally effective quality control 

4 and testing procedure to ensure compliance 

5 with the national primary drinking water 

6 regulation promulgated under subpara7 graph (A) to measure the levels described in 

8 clause (ii) or other methods to detect and 

9 monitor perfluoroalkyl and polyfluoroalkyl 

10 substances in drinking water, the Adminis11 trator shall add the procedure or method as 

12 an alternative to the quality control and 

13 testing procedure described in such national 

14 primary drinking water regulation by pub15 lishing the procedure or method in the Fed16 eral Register in accordance with section 

17 1401(1)(D). 

18 ‘‘(ii) LEVELS DESCRIBED.—The levels 

19 referred to in clause (i) are— 

20 ‘‘(I) the level of a perfluoroalkyl 

21 or polyfluoroalkyl substance; 

22 ‘‘(II) the total levels of 

23 perfluoroalkyl and polyfluoroalkyl sub24 stances; and 


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1 ‘‘(III) the total levels of organic 

2 fluorine. 

3 ‘‘(C) INCLUSIONS.—The Administrator may 

4 include a perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances on— 

7 ‘‘(i) the list of contaminants for con8 sideration of regulation under paragraph 

9 (1)(B)(i), in accordance with such para10 graph; and 

11 ‘‘(ii) the list of unregulated contami12 nants to be monitored under section 

13 1445(a)(2)(B)(i), in accordance with such 

14 section. 

15 ‘‘(D) MONITORING.—When establishing 

16 monitoring requirements for public water sys17 tems as part of a national primary drinking 

18 water regulation under subparagraph (A) or sub19 paragraph (G)(ii), the Administrator shall tailor 

20 the monitoring requirements for public water 

21 systems that do not detect or are reliably and 

22 consistently below the maximum contaminant 

23 level (as defined in section 1418(b)(2)(B)) for the 

24 perfluoroalkyl or polyfluoroalkyl substance or 

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1 stances subject to the national primary drinking 

2 water regulation. 

3 ‘‘(E) HEALTH PROTECTION.—The national 

4 primary drinking water regulation promulgated 

5 under subparagraph (A) shall be protective of the 

6 health of subpopulations at greater risk, as de7 scribed in section 1458. 

8 ‘‘(F) HEALTH RISK REDUCTION AND COST

9 ANALYSIS.—In meeting the requirements of para10 graph (3)(C), the Administrator may rely on in11 formation available to the Administrator with 

12 respect to one or more specific perfluoroalkyl or 

13 polyfluoroalkyl substances to extrapolate rea14 soned conclusions regarding the health risks and 

15 effects of a class of perfluoroalkyl or 

16 polyfluoroalkyl substances of which the specific 

17 perfluoroalkyl or polyfluoroalkyl substances are a 

18 part. 

19 ‘‘(G) REGULATION OF ADDITIONAL SUB20 STANCES.— 

21 ‘‘(i) DETERMINATION.—The Adminis22 trator shall make a determination under 

23 paragraph (1)(A), using the criteria de24 scribed in clauses (i) through (iii) of that 

25 paragraph, whether to include a 


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1 perfluoroalkyl or polyfluoroalkyl substance 

2 or class of perfluoroalkyl or polyfluoroalkyl 

3 substances in the national primary drink4 ing water regulation under subparagraph 

5 (A) not later than 18 months after the later 

6 of— 

7 ‘‘(I) the date on which the 

8 perfluoroalkyl or polyfluoroalkyl sub9 stance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances is listed on 

11 the list of contaminants for consider12 ation of regulation under paragraph 

13 (1)(B)(i); and 

14 ‘‘(II) the date on which— 

15 ‘‘(aa) the Administrator has 

16 received the results of monitoring 

17 under section 1445(a)(2)(B) for 

18 the perfluoroalkyl or 

19 polyfluoroalkyl substance or class 

20 of perfluoroalkyl or 

21 polyfluoroalkyl substances; or 

22 ‘‘(bb) the Administrator has 

23 received reliable water data or 

24 water monitoring surveys for the 

25 perfluoroalkyl or polyfluoroalkyl 


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1 substance or class of 

2 perfluoroalkyl or polyfluoroalkyl 

3 substances from a Federal or 

4 State agency that the Adminis5 trator determines to be of a qual6 ity sufficient to make a deter7 mination under paragraph 

8 (1)(A). 

9 ‘‘(ii) PRIMARY DRINKING WATER REGU10 LATIONS.— 

11 ‘‘(I) IN GENERAL.—For each 

12 perfluoroalkyl or polyfluoroalkyl sub13 stance or class of perfluoroalkyl or 

14 polyfluoroalkyl substances that the Ad15 ministrator determines to regulate 

16 under clause (i), the Administrator— 

17 ‘‘(aa) not later than 18 

18 months after the date on which 

19 the Administrator makes the de20 termination, shall propose a na21 tional primary drinking water 

22 regulation for the perfluoroalkyl 

23 or polyfluoroalkyl substance or 

24 class of perfluoroalkyl or 

25 polyfluoroalkyl substances; and 


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1 ‘‘(bb) may publish the pro2 posed national primary drinking 

3 water regulation described in item 

4 (aa) concurrently with the publi5 cation of the determination to reg6 ulate the perfluoroalkyl or 

7 polyfluoroalkyl substance or class 

8 of perfluoroalkyl or 

9 polyfluoroalkyl substances. 

10 ‘‘(II) DEADLINE.— 

11 ‘‘(aa) IN GENERAL.—Not 

12 later than 1 year after the date on 

13 which the Administrator publishes 

14 a proposed national primary 

15 drinking water regulation under 

16 clause (i)(I) and subject to item 

17 (bb), the Administrator shall take 

18 final action on the proposed na19 tional primary drinking water 

20 regulation. 

21 ‘‘(bb) EXTENSION.—The Ad22 ministrator, on publication of no23 tice in the Federal Register, may 

24 extend the deadline under item 

25 (aa) by not more than 6 months. 


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1 ‘‘(H) HEALTH ADVISORY.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (ii), the Administrator shall publish a 

4 health advisory under paragraph (1)(F) for 

5 a perfluoroalkyl or polyfluoroalkyl substance 

6 or class of perfluoroalkyl or polyfluoroalkyl 

7 substances not subject to a national pri8 mary drinking water regulation not later 

9 than 1 year after the later of— 

10 ‘‘(I) the date on which the Admin11 istrator finalizes a toxicity value for 

12 the perfluoroalkyl or polyfluoroalkyl 

13 substance or class of perfluoroalkyl or 

14 polyfluoroalkyl substances; and 

15 ‘‘(II) the date on which the Ad16 ministrator validates an effective qual17 ity control and testing procedure for 

18 the perfluoroalkyl or polyfluoroalkyl 

19 substance or class of perfluoroalkyl or 

20 polyfluoroalkyl substances. 

21 ‘‘(ii) WAIVER.—The Administrator 

22 may waive the requirements of clause (i) 

23 with respect to a perfluoroalkyl or 

24 polyfluoroalkyl substance or class of 

25 perfluoroalkyl and polyfluoroalkyl subVerDate Sep 11 2014 01:10 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H3291.RH H3291

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1 stances if the Administrator determines that 

2 there is a substantial likelihood that the 

3 perfluoroalkyl or polyfluoroalkyl substance 

4 or class of perfluoroalkyl or polyfluoroalkyl 

5 substances will not occur in drinking water 

6 with sufficient frequency to justify the pub7 lication of a health advisory, and publishes 

8 such determination, including the informa9 tion and analysis used, and basis for, such 

10 determination, in the Federal Register.’’. 

11 SEC. 203. NATIONAL PRIMARY DRINKING WATER REGULA12 TIONS FOR MICROCYSTIN TOXIN. 

13 Section 1412(b) of the Safe Drinking Water Act (42 

14 U.S.C. 300g–1(b)) is further amended by adding at the end 

15 the following: 

16 ‘‘(17) MICROCYSTIN TOXIN.— 

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

18 other deadline established in this subsection, not 

19 later than 2 years after the date of enactment of 

20 the Assistance, Quality, and Affordability Act of 

21 2021, the Administrator shall publish a max22 imum contaminant level goal and promulgate a 

23 national primary drinking water regulation for 

24 microcystin toxin. 


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1 ‘‘(B) HEALTH PROTECTION.—The max2 imum contaminant level goal and national pri3 mary drinking water regulation promulgated 

4 under subparagraph (A) shall be protective of the 

5 health of subpopulations at greater risk, as de6 scribed in section 1458.’’. 

7 SEC. 204. NATIONAL PRIMARY DRINKING WATER REGULA8 TIONS FOR 1,4–DIOXANE. 

9 Section 1412(b) of the Safe Drinking Water Act (42 

10 U.S.C. 300g–1(b)) is further amended by adding at the end 

11 the following: 

12 ‘‘(18) 1,4–DIOXANE.— 

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

14 other deadline established in this subsection, not 

15 later than 2 years after the date of enactment of 

16 the Assistance, Quality, and Affordability Act of 

17 2021, the Administrator shall publish a max18 imum contaminant level goal and promulgate a 

19 national primary drinking water regulation for 

20 1,4–dioxane. 

21 ‘‘(B) HEALTH PROTECTION.—The max22 imum contaminant level goal and national pri23 mary drinking water regulation promulgated 

24 under subparagraph (A) shall be protective of the 


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1 health of subpopulations at greater risk, as de2 scribed in section 1458.’’. 

3 SEC. 205. ELIMINATION OF SMALL SYSTEM VARIANCES. 

4 (a) SMALL SYSTEM VARIANCES.—Section 1415 (42 

5 U.S.C. 300g–4) of the Safe Drinking Water Act is amended 

6 by striking subsection (e). 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 1412(b)(15) of the Safe Drinking 

9 Water Act (42 U.S.C. 300g–1(b)(15)) is amended by 

10 striking subparagraph (D). 

11 (2) Section 1414(c)(1)(B) of the Safe Drinking 

12 Water Act (42 U.S.C. 300g–3(c)(1)(B)) is amended by 

13 striking ‘‘, (a)(2), or (e)’’ and inserting ‘‘or (a)(2)’’. 

14 (3) Section 1416(b)(2) of the Safe Drinking 

15 Water Act (42 U.S.C. 300g–5(b)(2)) is amended by 

16 striking subparagraph (D). 

17 (4) Section 1445(h) of the Safe Drinking Water 

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

19 (A) by striking ‘‘sections 1412(b)(4)(E) and 

20 1415(e) (relating to small system variance pro21 gram)’’ and inserting ‘‘section 1412(b)(4)(E)’’; 

22 and 

23 (B) by striking ‘‘guidance under sections 

24 1412(b)(4)(E) and 1415(e)’’ and inserting ‘‘guid25 ance under section 1412(b)(4)(E)’’. 


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1 TITLE III—AFFORDABILITY 

2 SEC. 301. EMERGENCY RELIEF PROGRAM. 

3 Part F of the Safe Drinking Water Act (42 U.S.C. 

4 300j–21 et seq.) is amended by adding at the end the fol5 lowing new section: 

6 ‘‘SEC. 1466. EMERGENCY RELIEF PROGRAM. 

7 ‘‘(a) EMERGENCY RELIEF PROGRAM.—The Adminis8 trator shall establish and carry out a residential emergency 

9 relief program to provide payments to public water systems 

10 to reimburse such public water systems for providing for11 giveness of arrearages and fees incurred by eligible residen12 tial customers before the date of enactment of this section 

13 to help such eligible residential customers retain, or recon14 nect or restore, water service. 

15 ‘‘(b) CONDITIONS.—To receive funds under this sec16 tion, a public water system shall agree to— 

17 ‘‘(1) except as otherwise provided in this section, 

18 use such funds to forgive all arrearages and fees relat19 ing to nonpayment or arrearages incurred by eligible 

20 residential customers before the date of enactment of 

21 this section; 

22 ‘‘(2) if forgiveness of all arrearages and fees de23 scribed in paragraph (1) is not possible given the 

24 amount of funds received, except as otherwise pro25 vided in this section, use such funds to reduce such 


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1 arrearages and fees for each eligible residential cus2 tomer by, to the extent practicable, a consistent per3 centage; 

4 ‘‘(3) take no action that negatively affects the 

5 credit score of an eligible residential customer, or pur6 sue any type of collection action against such eligible 

7 residential customer, during the 5-year period that 

8 begins on the date on which the public water system 

9 receives such funds; 

10 ‘‘(4) not disconnect or interrupt the service of 

11 any eligible residential customer as a result of non12 payment or arrearages during such 5-year period; 

13 and 

14 ‘‘(5) provide to the Administrator such informa15 tion as the Administrator determines appropriate. 

16 ‘‘(c) ELIGIBLE CUSTOMERS.—To be eligible for forgive17 ness or reduction of arrearages and fees pursuant to the 

18 program established under subsection (a), a residential cus19 tomer of a public water system shall have accrued new ar20 rearages on or after March 1, 2020. 

21 ‘‘(d) RECONNECTION EXPENSES.—The Administrator, 

22 or a State that is, pursuant to subsection (e), implementing 

23 the program established under subsection (a), may author24 ize a public water system receiving funds under this section 

25 to use up to 5 percent of such funds for expenses relating 


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1 to reconnecting or restoring water service, including ex2 penses relating to plumbing repairs and pipe flushing, as 

3 needed, for eligible residential customers. 

4 ‘‘(e) ADMINISTRATIVE EXPENSES.—The Administrator 

5 may authorize— 

6 ‘‘(1) States to implement the program established 

7 under subsection (a); and 

8 ‘‘(2) a State implementing such program to use 

9 up to 4 percent of funds made available to carry out 

10 such program in such State for administrative ex11 penses. 

12 ‘‘(f) SUBMISSIONS TO CONGRESS.—Not later than 180 

13 days after the date of enactment of this section, and every 

14 other month thereafter until all amounts made available 

15 under this section are expended, the Administrator shall 

16 submit to the Committee on Energy and Commerce of the 

17 House of Representatives and the Committee on Environ18 ment and Public Works of the Senate a report that de19 scribes— 

20 ‘‘(1) each public water system that received a 

21 payment under or pursuant to this section; 

22 ‘‘(2) the total amount of each payment provided 

23 under or pursuant to this section; 

24 ‘‘(3) for each public water system receiving a 

25 payment under or pursuant to this section— 


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1 ‘‘(A) the amount of arrearages and fees for2 given or reduced; 

3 ‘‘(B) the number of eligible residential cus4 tomers benefitting from forgiveness or reduction 

5 of arrearages and fees under this section; 

6 ‘‘(C) the amount of arrearages and fees of 

7 customers described in subparagraph (B) in8 curred before the date of enactment of this section 

9 that remain outstanding; 

10 ‘‘(D) the number of eligible residential cus11 tomers that did not benefit from forgiveness or 

12 reduction of arrearages and fees under this sec13 tion; and 

14 ‘‘(E) the amount of arrearages and fees of 

15 customers described in subparagraph (D) in16 curred before the date of enactment of this section 

17 that remain outstanding; and 

18 ‘‘(4) a summary of any other information pro19 vided to the Administrator by public water systems 

20 that receive a payment pursuant to this section. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $4,000,000,000, to remain available until expended.’’. 


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1 TITLE IV—OTHER MATTERS 

2 SEC. 401. SMALL URBAN AND RURAL WATER SYSTEM CON3 SOLIDATION REPORT. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than one year after 

6 the date of enactment of this Act, the Comptroller 

7 General shall submit to the Committee on Energy and 

8 Commerce of the House of Representatives and the 

9 Committee on Environment and Public Works of the 

10 Senate a report on issues relating to the potential for 

11 consolidation of distressed small water systems. 

12 (2) INCLUSIONS.—The report submitted under 

13 paragraph (1) shall include— 

14 (A) information on— 

15 (i) the amount of debt of covered small 

16 water systems; 

17 (ii) whether the budgets of covered 

18 small water systems are balanced; 

19 (iii) the degree to which covered small 

20 water systems defer infrastructure improve21 ments; 

22 (iv) the degree to which covered small 

23 water systems are not in compliance with 

24 applicable Federal and State water quality 

25 standards; 


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1 (v) how rates charged by covered small 

2 water systems for service relate to the costs 

3 for maintenance of, and improvements to, 

4 such systems; and 

5 (vi) how the management, financial, 

6 and technical capacity of covered small 

7 water systems affects the ability of such sys8 tems to provide service at affordable rates; 

9 (B) an evaluation of— 

10 (i) whether covered small water system 

11 infrastructure is failing, resulting in a tem12 porary or permanent loss of essential func13 tions or services; and 

14 (ii) how to prevent covered small water 

15 systems from becoming distressed small 

16 water systems; 

17 (C) policy recommendations for how Con18 gress may support the consolidation of distressed 

19 small water systems; and 

20 (D) best practices and guidelines the Ad21 ministrator of the Environmental Protection 

22 Agency may use to assist State and local govern23 ments with facilitating the consolidation of dis24 tressed small water systems. 

25 (b) DEFINITIONS.—In this section: 


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1 (1) CONSOLIDATION.—The term ‘‘consolidation’’ 

2 means, with respect to a public water system, any of 

3 the actions described in subparagraphs (A) through 

4 (D) of section 1414(h)(1) of the Safe Drinking Water 

5 Act (42 U.S.C. 300g–3(h)(1)). 

6 (2) COVERED SMALL WATER SYSTEM.—The term 

7 ‘‘covered small water system’’ means a public water 

8 system that serves— 

9 (A) fewer than 50,000 individuals; and 

10 (B) a disadvantaged community or an envi11 ronmental justice community. 

12 (3) DISADVANTAGED COMMUNITY.—The term 

13 ‘‘disadvantaged community’’ has the meaning given 

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

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

16 (4) DISTRESSED SMALL WATER SYSTEM.—The 

17 term ‘‘distressed small water system’’ means a covered 

18 small water system— 

19 (A) that is unable to carry out necessary 

20 maintenance of, and improvements to, such sys21 tem in order to— 

22 (i) comply with applicable Federal and 

23 State water quality standards; or 


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1 (ii) provide reliable and affordable 

2 service to customers while complying with 

3 such water quality standards; and 

4 (B) with respect to which consolidation may 

5 be necessary to address the issues described in 

6 subparagraph (A). 

7 (5) ENVIRONMENTAL JUSTICE COMMUNITY.—The 

8 term ‘‘environmental justice community’’ has the 

9 meaning given such term in section 1452(u)(11) of 

10 the Safe Drinking Water Act. 

11 (6) PUBLIC WATER SYSTEM.—The term ‘‘public 

12 water system’’ has the meaning given such term in 

13 section 1401 of the Safe Drinking Water Act (42 

14 U.S.C. 300f). 


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Union Calendar No. 52 

117TH CONGRESS 

1ST SESSION H. R. 3291 

[Report No. 117–76] 

A BILL 

To amend the Safe Drinking Water Act to provide 

and for other purposes. for PFAS, microcystin toxin, and 1,4-dioxane, gate national primary drinking water regulations the Environmental Protection Agency to promulschools affected by PFAS or lead, and to require by natural disasters, and water systems and assistance for States, territories, areas affected 

JUNE 29, 2021 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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