I 
109TH CONGRESS 
1ST SESSION H. R. 3178
To amend the Safe Drinking Water Act to ensure that the District of 
Columbia and States are provided a safe, lead-free supply of drinking water. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Ms. NORTON (for herself 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 ensure that 
the District of Columbia and States are provided a safe, 
lead-free supply of drinking water.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lead-Free Drinking 
Water Act of 2005’’. 
SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING 
WATER REGULATION FOR LEAD. 
Section 1412(b) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)) is amended by adding at the end the 
following:
‘‘(16) REVISION OF NATIONAL PRIMARY DRINK-
ING WATER REGULATION FOR LEAD.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this 
paragraph, the Administrator shall finalize a 
rulemaking to review and revise the national 
primary drinking water regulation for lead that 
maintains or provides for greater protection of 
health as required under paragraph (9). 
‘‘(B) PROTECTION
FOR
INDIVIDUALS.—
The revised regulation shall provide the max-
imum feasible protection for individuals that 
may be affected by lead contamination of drink-
ing water, particularly vulnerable populations 
such as infants, children, and pregnant and lac-
tating women. 
‘‘(C) MAXIMUM CONTAMINANT LEVEL.—
‘‘(i) IN GENERAL.—The revised regu-
lation shall—
‘‘(I) establish a maximum con-
taminant level for lead in drinking 
water as measured at the tap; or 
‘‘(II) if the Administrator deter-
mines that it is not practicable to es-
tablish such a level with adequate pro-
vision for variability and factors out-
side of the control of a public water 
system, establish a treatment tech-
nique in accordance with subpara-
graph (D). 
‘‘(ii) BASIS
OF
LEVEL.—In estab-
lishing the maximum contaminant level 
under clause (i) or an action level for lead, 
the Administrator shall use as a basis the 
most protective of first draw samples, 
flushed samples, or both first draw and 
flushed samples. 
‘‘(D) TREATMENT
TECHNIQUE.—If the 
Administrator establishes a treatment technique 
for 
drinking 
water 
under 
subparagraph 
(C)(i)(II), the treatment technique shall—
‘‘(i) prevent, to the extent achievable, 
known or anticipated adverse effects on the 
health of individuals; 
‘‘(ii) include an action level for lead 
that is at least as stringent as the action 
level established by the national primary 
drinking water regulation for lead under 
subpart I of part 141 of title 40, Code of
Federal Regulations (as in effect on the 
date of enactment of this paragraph); and 
‘‘(iii)(I) provide for the protection of 
individuals from very high lead levels in 
drinking water in isolated instances; 
‘‘(II) provide for the protection of all 
individuals, as opposed to a statistical ma-
jority, from exposure to elevated lead levels 
in drinking water; 
‘‘(III) promote continuing advances in 
corrosion control technologies and address 
the need to respond to changes in corro-
sion control and water treatment tech-
nologies; and 
‘‘(IV) take into account the dem-
onstrated insufficiency of public notifica-
tion and education as a primary means of 
protecting public health from lead in 
water.’’. 
SEC. 3. SERVICE LINE REPLACEMENT. 
Section 1417(a)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g–6(a)(1)) is amended by adding at the 
end the following: 
‘‘(C) SERVICE LINE REPLACEMENT.—
‘‘(i) IN
GENERAL.—Upon exceeding 
the maximum contaminant level or action 
level for lead, a community water system 
or nontransient noncommunity water sys-
tem shall annually replace at least 10 per-
cent of the non-lead-free service lines of 
the community water system or nontran-
sient noncommunity water system until all 
of the non-lead-free service lines have been 
replaced. 
‘‘(ii) PRIORITY.—Priority shall be 
given to non-lead-free service lines that 
convey drinking water to—
‘‘(I) 
residences 
that 
receive 
drinking water with high lead levels; 
and 
‘‘(II) residences and other build-
ings, such as day care facilities and 
schools, used by vulnerable popu-
lations, including infants, children, 
and pregnant and lactating women. 
‘‘(iii) 
REPLACEMENT
RESPONSI-
BILITY.—Under no circumstance may a 
community water system or nontransient 
noncommunity water system avoid the re-
sponsibility to replace any non-lead-free 
service line by completing lead testing such 
as that referred to in section 141.84 of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
subparagraph). 
‘‘(iv) REPLACEMENT
OF
NON-LEAD-
FREE SERVICE LINES.—
‘‘(I) IN
GENERAL.—In carrying 
out this subparagraph and subject to 
subclause (II), a community water 
system or nontransient noncommunity 
water system shall replace the non-
lead-free service lines, including pub-
licly owned and, with the permission 
of applicable homeowners, privately 
owned portions of the service lines. 
‘‘(II) REQUIREMENTS FOR PER-
MISSION.—In seeking permission from 
a homeowner to replace the private 
portion of non-lead-free service lines 
under subclause (I), a community 
water system or nontransient non-
community water system shall provide 
to the homeowner in English, and, in
areas with a large proportion of non-
English speaking residents, in each 
other appropriate language—
‘‘(aa) notification of the re-
placement that is separate from 
the notification required under 
paragraph (2); 
‘‘(bb) a detailed description 
of the process by which non-lead-
free service lines will be replaced, 
including the date and approxi-
mate time of the replacement and 
a description of the ways in 
which property use will be dis-
rupted by the replacement proc-
ess; and 
‘‘(cc) a description of actions 
that should be taken to avoid any 
lead contamination that may 
occur after replacement of the 
non-lead-free service lines. 
‘‘(III) STATE
OF
PROPERTY.—
After completion of replacement of 
non-lead-free service lines, a commu-
nity water system or nontransient
noncommunity water system shall 
make every reasonable effort to return 
property affected by the replacement 
to the state in which the property ex-
isted before the replacement. 
‘‘(IV) 
ABSENCE
OF
PERMIS-
SION.—If, after 3 attempts to obtain 
permission from a homeowner under 
subclause (II), a community water 
system or nontransient noncommunity 
water system has not received permis-
sion, the water system shall provide 
final notice in English, and, in areas 
with a large proportion of non-English 
speaking residents, in each other ap-
propriate language, to the homeowner 
of—
‘‘(aa) the date and approxi-
mate time of replacement of the 
publicly owned portion of the 
non-lead-free service lines; and 
‘‘(bb) a detailed description 
of actions that the homeowner 
should take to avoid any lead 
contamination that may occur
after non-lead-free service line re-
placement. 
‘‘(V) EXCEPTION.—
‘‘(aa) IN GENERAL.—If the 
Administrator determines, after 
providing an opportunity for pub-
lic notice and comment, that the 
practice of replacing only a por-
tion of a non-lead-free service 
line will generally result in higher 
lead levels in drinking water dur-
ing an extended period of time 
(as compared with leaving the en-
tire non-lead-free service line in 
place), the Administrator may 
provide for an exemption for the 
replacement in any case in which 
the applicable homeowner refuses 
to grant permission to replace 
portions of a non-lead-free service 
line under subclause (IV). 
‘‘(bb) REQUIREMENT OF EX-
EMPTION.—An exemption under 
item (aa) shall provide that, upon 
a change in ownership of a prop-
erty served by a non-lead-free 
service line, a new property 
owner may request that the com-
munity water system or nontran-
sient noncommunity water sys-
tem replace the non-lead-free 
service line for the property with-
in a reasonable period of time. 
‘‘(VI) GRANTS.—Using amounts 
available under subsection (l)(1), the 
Administrator may provide grants to 
community water systems and non-
transient noncommunity water sys-
tems for use in replacing non-lead-free 
service lines.’’. 
SEC. 4. PUBLIC NOTICE AND EDUCATION. 
Section 1417(a) of the Safe Drinking Water Act (42 
U.S.C. 300g–6(a)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) PUBLIC NOTICE REQUIREMENTS.—
‘‘(A) IN GENERAL.—The owner or operator 
of a community water system or nontransient
noncommunity water system shall identify and 
provide notice in English, and, in areas with a 
large proportion of non-English speaking resi-
dents, in each other appropriate language, to 
individuals and entities (and, under subpara-
graph (D), to specific residences) that may be 
exposed to lead contamination in the drinking 
water supply, as indicated by an exceedance of 
the maximum contaminant level or action level 
for lead, in a case in which the contamination 
results from—
‘‘(i) the lead content in the construc-
tion materials of the public water distribu-
tion system; or 
‘‘(ii) corrosivity of the water supplied 
that is sufficient to cause leaching of lead. 
‘‘(B) CONTENTS.—Public notice materials 
prepared under this paragraph shall provide a 
clear and readily understandable explanation 
of—
‘‘(i) detailed information on the num-
ber of residences the drinking water of 
which was tested and the areas of the city 
or community in which those residences
are located, including a description of lead 
levels found in the drinking water; 
‘‘(ii) the presence or absence of non-
lead-free service lines for each household 
receiving drinking water from the commu-
nity water system or nontransient non-
community water system; 
‘‘(iii) the potential adverse health ef-
fects of lead contamination of drinking 
water, including a detailed description of 
the disproportionate adverse effects of lead 
contamination of drinking water on in-
fants, children, and pregnant and lactating 
women; 
‘‘(iv) the potential sources of lead in 
drinking water (including, at a minimum, 
non-lead-free service lines, water meters, 
lead solder, and leaded plumbing fixtures); 
‘‘(v) information sources regarding 
the cost and availability of lead-free plumb-
ing fixtures for use in residences; 
‘‘(vi) reasonably available methods of 
mitigating known or potential lead con-
tamination of drinking water, including—
‘‘(I) a detailed, step-by-step de-
scription of immediate actions that 
should be taken, such as the use of a 
certified water filter or other acquisi-
tion of an alternative water supply; 
and 
‘‘(II) a summary of more exten-
sive actions that could be taken; 
‘‘(vii) any steps the community water 
system or nontransient noncommunity 
water system is taking to mitigate lead 
content in drinking water, including—
‘‘(I) a timeline for decision-
making; 
‘‘(II) a description of the means 
by which the public will provide input 
in the decisionmaking process; and 
‘‘(III) a description of the poten-
tial health effects of any corrosion 
control modifications; 
‘‘(viii) the necessity, if any, of seeking 
alternative water supplies; and 
‘‘(ix) contact information for—