Get the Lead Out Act

To amend the Safe Drinking Water Act with respect to replacement of lead service lines, and for other purposes. 1. Short title This Act may be cited as the Get the Lead Out Act 2. Plans for replacement of lead service lines (a) In general Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j et seq. 1459E. Replacement of lead service lines (a) Plans (1) Submission (A) Systems serving 3,300 or more (i) In general Subject to clause (ii), each community water system serving a population of 3,300 or more shall— (I) not later than 1 year after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all of the lead service lines of the community water system, including the portions of such lead service lines that are owned by the community water system and any remaining portions of such lead service lines; and (II) not later than 3 years after the date of enactment of this section, complete such inventory. (ii) Exception The plan of a community water system under clause (i) shall not allow the partial replacement of the lead service lines of the system, except in the case of an emergency, in which case the community water system shall ensure prompt full replacement of the lead service lines of the system not more than 90 days after the end of the emergency. (iii) Procedures Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. (B) Small systems Each community water system serving fewer than 3,300 persons shall— (i) by such deadline as the Administrator determines appropriate, but not later than 5 years after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all the lead service lines of the community water system, as described in subparagraph (A)(i) and subject to subparagraph (A)(ii); and (ii) not later than 5 years after the date of enactment of this section, complete such inventory. (2) Inclusions Each plan submitted under this subsection shall include a plan and schedule for— (A) notifying persons served by the applicable community water system that the community water system will install interim filters that meet the criteria under paragraph (3) on all primary drinking water taps served by the community water system with lead service lines; (B) installing such interim filters and providing replacement filter cartridges in accordance with manufacturer instructions for so long as such interim filters are in use; (C) not later than 10 years after such plan is approved under subsection (b), fully replacing all of the lead service lines of the community water system; and (D) including local community-based or other local organizations, as deemed appropriate by the community water system, in training the public in the proper use and maintenance of the interim filters. (3) Filter criteria Interim filters, and any replacement thereof, installed pursuant to a plan under this section— (A) shall— (i) be certified for lead reduction in compliance with NSF International/American National Standards Institute ( ANSI Drinking Water Treatment Units—Health Effects (ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53–2017; or (B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). (b) Approval Not later than 6 months after a community water system submits a plan under this section, the Administrator shall approve the plan or notify the community water system in writing of revisions the Administrator determines necessary to approve the plan. (c) Implementation (1) In general Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that— (A) is not owned by the community water system; and (B) with respect to which the owner has declined replacement by the community water system at the system’s expense. (2) Payment The community water system— (A) shall pay the full costs of all lead service line replacements and filters required pursuant to the system’s plan under subsection (a); and (B) may incorporate into its rate base the costs of replacement and filters not fully covered by grants and other Federal and non-Federal assistance. (d) Extension (1) Application A community water system may submit an application to the Administrator for an extension of the 10-year deadline applicable under subsection (c). (2) Approval The Administrator shall approve an application for an extension under paragraph (1) only if— (A) the community water system submitting the application has held a public hearing and solicited public comment prior to submitting the application; (B) the Administrator determines that lead service line replacement by the community water system is not feasible by the 10-year deadline applicable under subsection (c); and (C) the community water system submitting the application has more than 100,000 known or suspected lead service lines. (3) Period of extension The Administrator may only grant an extension under this subsection for the minimum period of time necessary for the applicable community water system to replace all of the lead service lines of the community water system. (e) Enforcement authority The Administrator may take action to enforce a requirement of this section pursuant to section 1414(a)(2) with respect to a community water system in a State regardless of whether the State has primary enforcement responsibility for public water systems. (f) Definition In this section, the term lead service line (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023. . (b) Enforcement Section 1414(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(i)(1) or 1445 1445, or 1459E 3. State revolving loan funds (a) Use of funds Paragraph (2) of section 1452(a) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a) (H) Replacement of lead service lines Financial assistance under this section may also be used for replacement of lead service lines in accordance with section 1459E, with priority given to loans and loan guarantees for disadvantaged communities (as defined in subsection (d)(3)). . (b) Authorization of appropriations Section 1452(m) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(m) (1) in paragraph (1)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by adding at the end the following: (D) $6,600,000,000 for each of fiscal years 2022 through 2031. ; and (2) by adding at the end the following: (3) Of the amount authorized by paragraph (1)(D) to be appropriated for each of fiscal years 2022 through 2031, $4,650,000,000 shall be for replacement of lead service lines as described in subsection (a)(2)(H). .

Summary: Get the Lead Out Act This bill requires community water systems (i.e., public water systems that provide drinking water) to identify and replace lead service lines (e.g., pipes) and allows the systems to use assistance from drinking water state revolving funds to replace those lines. Specifically, the bill requires community water systems to submit to the Environmental Protection Agency (EPA) by specified deadlines (1) plans to inventory and replace lead service lines, and (2) certifications that lead service lines have been replaced except for any line that is not owned by the system and for which the owner declined replacement. Community water systems must pay the full costs of all lead service line replacements and any filters required under their plans. Systems may incorporate into their base rates the costs of the line replacements and filters not fully covered by grants and other assistance.