I 

117TH CONGRESS 

1ST SESSION H. R. 3300 

To amend the Safe Drinking Water Act with respect to replacement of 

lead service lines, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2021 

Mr. SMITH of New Jersey (for himself and Mr. CUELLAR) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Safe Drinking Water Act with respect to 

replacement of lead service lines, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get the Lead Out 

5 Act’’. 

6 SEC. 2. PLANS FOR REPLACEMENT OF LEAD SERVICE 

7 LINES. 

8 (a) IN GENERAL.—Part E of the Safe Drinking 

9 Water Act (42 U.S.C. 300j et seq.) is amended by adding 

10 at the end the following: 


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1 ‘‘SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. 

2 ‘‘(a) PLANS.— 

3 ‘‘(1) SUBMISSION.— 

4 ‘‘(A) SYSTEMS SERVING 3,300 OR MORE.— 

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

6 (ii), each community water system serving 

7 a population of 3,300 or more shall— 

8 ‘‘(I) not later than 1 year after 

9 the date of enactment of this section, 

10 submit to the Administrator a plan to 

11 inventory and fully replace all of the 

12 lead service lines of the community 

13 water system, including the portions 

14 of such lead service lines that are 

15 owned by the community water sys16 tem and any remaining portions of 

17 such lead service lines; and 

18 ‘‘(II) not later than 3 years after 

19 the date of enactment of this section, 

20 complete such inventory. 

21 ‘‘(ii) EXCEPTION.—The plan of a 

22 community water system under clause (i) 

23 shall not allow the partial replacement of 

24 the lead service lines of the system, except 

25 in the case of an emergency, in which case 

26 the community water system shall ensure 


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1 prompt full replacement of the lead service 

2 lines of the system not more than 90 days 

3 after the end of the emergency. 

4 ‘‘(iii) PROCEDURES.—Not later than 

5 1 year after the date of enactment of this 

6 section, the Administrator shall establish 

7 procedures to ensure that inventories con8 ducted pursuant to a plan under clause (i) 

9 are rigorous and complete. 

10 ‘‘(B) SMALL SYSTEMS.—Each community 

11 water system serving fewer than 3,300 persons 

12 shall— 

13 ‘‘(i) by such deadline as the Adminis14 trator determines appropriate, but not 

15 later than 5 years after the date of enact16 ment of this section, submit to the Admin17 istrator a plan to inventory and fully re18 place all the lead service lines of the com19 munity water system, as described in sub20 paragraph (A)(i) and subject to subpara21 graph (A)(ii); and 

22 ‘‘(ii) not later than 5 years after the 

23 date of enactment of this section, complete 

24 such inventory. 


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1 ‘‘(2) INCLUSIONS.—Each plan submitted under 

2 this subsection shall include a plan and schedule 

3 for— 

4 ‘‘(A) notifying persons served by the appli5 cable community water system that the commu6 nity water system will install interim filters that 

7 meet the criteria under paragraph (3) on all 

8 primary drinking water taps served by the com9 munity water system with lead service lines; 

10 ‘‘(B) installing such interim filters and 

11 providing replacement filter cartridges in ac12 cordance with manufacturer instructions for so 

13 long as such interim filters are in use; 

14 ‘‘(C) not later than 10 years after such 

15 plan is approved under subsection (b), fully re16 placing all of the lead service lines of the com17 munity water system; and 

18 ‘‘(D) including local community-based or 

19 other local organizations, as deemed appro20 priate by the community water system, in train21 ing the public in the proper use and mainte22 nance of the interim filters. 

23 ‘‘(3) FILTER CRITERIA.—Interim filters, and 

24 any replacement thereof, installed pursuant to a 

25 plan under this section— 


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1 ‘‘(A) shall— 

2 ‘‘(i) be certified for lead reduction in 

3 compliance with NSF International/Amer4 ican National Standards Institute (‘ANSI’) 

5 Standard 53–2017, ‘Drinking Water 

6 Treatment Units—Health Effects’, pub7 lished by NSF International; and 

8 ‘‘(ii) incorporate an integral perform9 ance indication device as specified in sec10 tion 6.1 of NSF/ANSI standard 53–2017; 

11 or 

12 ‘‘(B) shall be certified as compliant with 

13 any standards for lead reduction adopted by 

14 NSF International, ANSI, or the Agency that 

15 are more stringent than the standards under 

16 subparagraph (A). 

17 ‘‘(b) APPROVAL.—Not later than 6 months after a 

18 community water system submits a plan under this sec19 tion, the Administrator shall approve the plan or notify 

20 the community water system in writing of revisions the 

21 Administrator determines necessary to approve the plan. 

22 ‘‘(c) IMPLEMENTATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 10 years 

24 after a plan under this section of a community water 

25 system is approved by the Administrator, the comVerDate Sep 11 2014 04:21 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300

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1 munity water system shall submit to the Adminis2 trator a certification that all the lead service lines of 

3 the community water system have been fully re4 placed pursuant to such plan except for any lead 

5 service line that— 

6 ‘‘(A) is not owned by the community water 

7 system; and 

8 ‘‘(B) with respect to which the owner has 

9 declined replacement by the community water 

10 system at the system’s expense. 

11 ‘‘(2) PAYMENT.—The community water sys12 tem— 

13 ‘‘(A) shall pay the full costs of all lead 

14 service line replacements and filters required 

15 pursuant to the system’s plan under subsection 

16 (a); and 

17 ‘‘(B) may incorporate into its rate base the 

18 costs of replacement and filters not fully cov19 ered by grants and other Federal and non-Fed20 eral assistance. 

21 ‘‘(d) EXTENSION.— 

22 ‘‘(1) APPLICATION.—A community water sys23 tem may submit an application to the Administrator 

24 for an extension of the 10-year deadline applicable 

25 under subsection (c). 


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1 ‘‘(2) APPROVAL.—The Administrator shall ap2 prove an application for an extension under para3 graph (1) only if— 

4 ‘‘(A) the community water system submit5 ting the application has held a public hearing 

6 and solicited public comment prior to submit7 ting the application; 

8 ‘‘(B) the Administrator determines that 

9 lead service line replacement by the community 

10 water system is not feasible by the 10-year 

11 deadline applicable under subsection (c); and 

12 ‘‘(C) the community water system submit13 ting the application has more than 100,000 

14 known or suspected lead service lines. 

15 ‘‘(3) PERIOD OF EXTENSION.—The Adminis16 trator may only grant an extension under this sub17 section for the minimum period of time necessary for 

18 the applicable community water system to replace all 

19 of the lead service lines of the community water sys20 tem. 

21 ‘‘(e) ENFORCEMENT AUTHORITY.—The Adminis22 trator may take action to enforce a requirement of this 

23 section pursuant to section 1414(a)(2) with respect to a 

24 community water system in a State regardless of whether 


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1 the State has primary enforcement responsibility for pub2 lic water systems. 

3 ‘‘(f) DEFINITION.—In this section, the term ‘lead 

4 service line’ has the meaning given such term in section 

5 1459B(a). 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $10,000,000 for each of fiscal years 2022 and 2023.’’. 

9 (b) ENFORCEMENT.—Section 1414(i)(1) of the Safe 

10 Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is amended 

11 by striking ‘‘or 1445’’ and inserting ‘‘1445, or 1459E’’. 

12 SEC. 3. STATE REVOLVING LOAN FUNDS. 

13 (a) USE OF FUNDS.—Paragraph (2) of section 

14 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j– 

15 12(a)) is amended by adding at the end the following: 

16 ‘‘(H) REPLACEMENT OF LEAD SERVICE

17 LINES.—Financial assistance under this section 

18 may also be used for replacement of lead service 

19 lines in accordance with section 1459E, with 

20 priority given to loans and loan guarantees for 

21 disadvantaged communities (as defined in sub22 section (d)(3)).’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 1452(m) of the Safe Drinking Water Act (42 U.S.C. 

25 300j–12(m)) is amended— 


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1 (1) in paragraph (1)— 

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

3 ‘‘and’’ at the end; 

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

5 period at the end and inserting ‘‘; and’’; and 

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

7 ‘‘(D) $6,600,000,000 for each of fiscal 

8 years 2022 through 2031.’’; and 

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

10 ‘‘(3) Of the amount authorized by paragraph 

11 (1)(D) to be appropriated for each of fiscal years 

12 2022 through 2031, $4,650,000,000 shall be for re13 placement of lead service lines as described in sub14 section (a)(2)(H).’’. 

Æ 


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