Emergency Water is a Human Right Act

To prohibit water shutoffs during the COVID–19 emergency period, provide drinking and waste water assistance to households, and for other purposes. 1. Short title This Act may be cited as the Emergency Water is a Human Right Act 2. Home energy and water service continuity Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. For purposes of this Act, the term home energy service Low-Income Home Energy Assistance Act of 1981 public water system 3. Low-income household drinking water and wastewater assistance (a) Authorization of appropriations There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (b) Low-Income household drinking water and wastewater assistance The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services. (c) Use of LIHEAP resources In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (d) Allotment (1) Factors The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account— (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to Congress Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (e) Determination of low-Income households (1) Minimum definition of low-income In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall— (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. (2) Household documentation requirements States and Indian Tribes shall— (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low-income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. (g) State agreements with drinking water and wastewater providers To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. (h) Administrative costs A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal agency coordination In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (k) Reports to Congress The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section— (1) not later than 1 year after the date of enactment of this section; and (2) upon disbursement of all funds appropriated pursuant to this section. (l) Definitions In this section: (1) Indian Tribe The term Indian Tribe (2) Municipality The term municipality 33 U.S.C. 1362 (3) Public health emergency The term public health emergency (4) Secretary The term Secretary (5) State The term State

Summary: Emergency Water is a Human Right Act This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.