I 
115TH CONGRESS 
1ST SESSION H. R. 1071 
To amend the Safe Drinking Water Act to increase assistance for States, 
water systems, and disadvantaged communities; to encourage good finan-
cial and environmental management of water systems; and to strengthen 
the Environmental Protection Agency’s ability to enforce the require-
ments of the Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2017 
Mr. TONKO (for himself, Mr. PALLONE, Ms. MATSUI, Ms. NORTON, Mr. BLU-
MENAUER, Mr. CA´RDENAS, Mr. SARBANES, Mrs. DINGELL, Mr. MCNER-
NEY, Ms. ESHOO, Mr. GENE GREEN of Texas, Mr. MICHAEL F. DOYLE 
of Pennsylvania, Ms. SCHAKOWSKY, Mr. PETERS, Mr. WELCH, Ms. 
DEGETTE, and Ms. CASTOR of Florida) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Safe Drinking Water Act to increase assist-
ance for States, water systems, and disadvantaged com-
munities; to encourage good financial and environmental 
management of water systems; and to strengthen the 
Environmental Protection Agency’s ability to enforce the 
requirements of the Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Assistance, Quality, and Affordability Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Prevailing wages. 
Sec. 3. Use of funds. 
Sec. 4. Requirements for use of American materials. 
Sec. 5. Data on variances, exemptions, and persistent violations. 
Sec. 6. Assistance for restructuring. 
Sec. 7. Priority and weight of applications. 
Sec. 8. Disadvantaged communities. 
Sec. 9. Administration of State loan funds. 
Sec. 10. State revolving loan funds for American Samoa, Northern Mariana Is-
lands, Guam, and the Virgin Islands. 
Sec. 11. Authorization of appropriations. 
Sec. 12. Affordability of new standards. 
Sec. 13. Focus on lifecycle costs. 
Sec. 14. Streamlining reporting and enforcement. 
Sec. 15. Presence of pharmaceuticals and personal care products in sources of 
drinking water. 
Sec. 16. Best practices for administration of State revolving loan fund pro-
grams. 
Sec. 17. Water loss and leak control technology. 
Sec. 18. Risks of drought to drinking water. 
Sec. 19. Reducing lead in drinking water. 
SEC. 2. PREVAILING WAGES. 
Subsection (e) of section 1450 of the Safe Drinking 
Water Act (42 U.S.C. 300j–9) is amended to read as fol-
lows: 
‘‘(e) LABOR STANDARDS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
take such action as the Administrator determines to 
be necessary to ensure that each laborer and me-
chanic employed by a contractor or subcontractor in 
connection with a construction project financed, in 
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whole or in part, by a grant, loan, loan guarantee, 
refinancing, or any other form of financial assistance 
provided under this title (including assistance pro-
vided by a State loan fund established under section 
1452) is paid wages at a rate of not less than the 
prevailing wages for the same type of work on simi-
lar construction in the immediate locality, as deter-
mined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United 
States Code. 
‘‘(2) AUTHORITY OF SECRETARY OF LABOR.— 
With respect to the labor standards specified in this 
subsection, the Secretary of Labor shall have the au-
thority and functions established in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec-
tion 3145 of title 40, United States Code.’’. 
SEC. 3. USE OF FUNDS. 
Section 1452(a)(2)(B) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(a)(2)(B)) is amended by striking 
‘‘(including expenditures for planning, design, and associ-
ated preconstruction activities, including activities relating 
to the siting of the facility, but not’’ and inserting ‘‘(in-
cluding expenditures for planning, design, siting, and as-
sociated preconstruction activities, for replacing or reha-
bilitating aging treatment, storage, or distribution facili-
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ties of public water systems, or for producing or capturing 
sustainable energy on site or through the transportation 
of water through the public water system, but not’’. 
SEC. 4. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
Section 1452(a)(4) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(a)(4)) is amended— 
(1) in subparagraph (A), by striking ‘‘During 
fiscal year 2017, funds’’ and inserting ‘‘Funds’’; and 
(2) by striking subparagraph (G). 
SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PER-
SISTENT VIOLATIONS. 
Section 1452(b)(2) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(b)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) a list of all public water systems 
within the State that have in effect an exemp-
tion or variance for any national primary drink-
ing water regulation or that are in persistent 
violation of the requirements for any maximum 
contaminant level or treatment technique under 
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a national primary drinking water regulation, 
including identification of— 
‘‘(i) the national primary drinking 
water regulation in question for each such 
exemption, variance, or violation; and 
‘‘(ii) the date on which the exemption 
or variance came into effect or the viola-
tion began.’’. 
SEC. 6. ASSISTANCE FOR RESTRUCTURING. 
(a) DEFINITION.—Section 1401 of the Safe Drinking 
Water Act (42 U.S.C. 300f) is amended by adding at the 
end the following: 
‘‘(17) RESTRUCTURING.—The term ‘restruc-
turing’ means changes in operations (including own-
ership, management, cooperative partnerships, joint 
purchasing arrangements, consolidation, and alter-
native water supply).’’. 
(b) 
RESTRUCTURING.—Clause 
(ii) 
of 
section 
1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 
by striking ‘‘changes in operations (including ownership, 
management, accounting, rates, maintenance, consolida-
tion, alternative water supply, or other procedures)’’ and 
inserting ‘‘restructuring’’. 
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SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS. 
(a) PRIORITY.—Section 1452(b)(3) of the Safe 
Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amend-
ed— 
(1) in subparagraph (A)— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) improve the ability of public 
water systems to protect human health and 
comply with the requirements of this title 
affordably in the future.’’; 
(2) by redesignating subparagraph (B) as sub-
paragraph (D); 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) AFFORDABILITY
OF
NEW
STAND-
ARDS.—For any year in which enforcement be-
gins for a new national primary drinking water 
regulation, each State that has entered into a 
capitalization agreement pursuant to this sec-
tion shall evaluate whether capital improve-
ments required to meet the standard are afford-
able for disadvantaged communities (as defined 
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in subsection (d)(3)) in the State. If the State 
finds that such capital improvements do not 
meet affordability criteria for disadvantaged 
communities in the State, the State’s intended 
use plan shall provide that priority for the use 
of funds for such year be given to public water 
systems affected by the standard and serving 
disadvantaged communities. 
‘‘(C) WEIGHT GIVEN TO APPLICATIONS.— 
After determining priority under subparagraphs 
(A) and (B), an intended use plan shall provide 
that the State will give greater weight to an ap-
plication for assistance if the application con-
tains— 
‘‘(i) a description of measures under-
taken by the public water system to im-
prove the management and financial sta-
bility of the public water system, which 
may include— 
‘‘(I) an inventory of assets, in-
cluding a description of the condition 
of the assets; 
‘‘(II) a schedule for replacement 
of assets; 
‘‘(III) an audit of water losses; 
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‘‘(IV) a financing plan that fac-
tors in all lifecycle costs indicating 
sources of revenue from ratepayers, 
grants, bonds, other loans, and other 
sources to meet the costs; and 
‘‘(V) a review of options for re-
structuring; 
‘‘(ii) a demonstration of consistency 
with State, regional, and municipal water-
shed plans; 
‘‘(iii) a water conservation plan con-
sistent with guidelines developed for such 
plans by the Administrator under section 
1455(a); and 
‘‘(iv) a description of measures under-
taken by the public water system to im-
prove the efficiency of the public water sys-
tem or reduce the public water system’s 
environmental impact, which may in-
clude— 
‘‘(I) water efficiency or conserva-
tion, including the rehabilitation or re-
placement of existing leaking pipes; 
‘‘(II) use of reclaimed water; 
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‘‘(III) actions to increase energy 
efficiency; 
‘‘(IV) actions to generate or cap-
ture sustainable energy on site or 
through the transportation of water 
through the public water system; 
‘‘(V) actions to protect source 
water; 
‘‘(VI) actions to mitigate or pre-
vent corrosion, including design, selec-
tion of materials, selection of coating, 
and cathodic protection; and 
‘‘(VII) actions to reduce disinfec-
tion byproducts.’’; and 
(4) in subparagraph (D) (as redesignated by 
paragraph (2)) by striking ‘‘periodically’’ and insert-
ing ‘‘at least biennially’’. 
(b) GUIDANCE.—Section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j–12) is amended— 
(1) by redesignating subsection (r) as sub-
section (t); and 
(2) by inserting after subsection (q) the fol-
lowing: 
‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 
may provide guidance and, as appropriate, tools, meth-
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odologies, or computer software, to assist small public 
water systems in undertaking measures to improve the 
management, financial stability, and efficiency of the pub-
lic water system or reduce the public water system’s envi-
ronmental impact.’’. 
SEC. 8. DISADVANTAGED COMMUNITIES. 
(a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec-
tion 1452(b)(3) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(b)(3)), as amended, is further amended 
by adding at the end the following: 
‘‘(E) ASSISTANCE TO INCREASE COMPLI-
ANCE.—A State’s intended use plan shall pro-
vide that, of the funds received by the State 
through a capitalization grant under this sec-
tion for a fiscal year, the State will, to the ex-
tent that there are sufficient eligible project ap-
plications, reserve not less than 6 percent to be 
spent on assistance under subsection (d) to 
public water systems included in the State’s 
most recent list under paragraph (2)(D).’’. 
(b) ASSISTANCE
FOR
DISADVANTAGED
COMMU-
NITIES.—Section 1452(d) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(d)) is amended— 
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(1) in paragraph (1), by adding at the end the 
following: ‘‘Such additional subsidization shall di-
rectly and primarily benefit such community.’’; and 
(2) in paragraph (3), by inserting ‘‘, or portion 
of a service area,’’ after ‘‘service area’’. 
(c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) 
of the Safe Drinking Water Act (42 U.S.C. 300j– 
12(d)(3)) is amended by adding at the end: ‘‘Each State 
that has entered into a capitalization agreement pursuant 
to this section shall, in establishing affordability criteria, 
consider, solicit public comment on, and include as appro-
priate— 
‘‘(A) the methods or criteria that the State 
will use to identify disadvantaged communities; 
‘‘(B) a description of the institutional, reg-
ulatory, financial, tax, or legal factors at the 
Federal, State, or local level that affect identi-
fied affordability criteria; and 
‘‘(C) a description of how the State will 
use the authorities and resources under this 
subsection to assist communities meeting the 
identified criteria.’’. 
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SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS. 
Section 1452(g) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(g)) is amended by adding at the end the 
following new paragraph: 
‘‘(5) TRANSFER OF FUNDS.— 
‘‘(A) IN
GENERAL.—The Governor of a 
State may— 
‘‘(i) reserve for any fiscal year not 
more than the lesser of— 
‘‘(I) 33 percent of a capitaliza-
tion grant made under this section; or 
‘‘(II) 33 percent of a capitaliza-
tion grant made under section 601 of 
the Federal Water Pollution Control 
Act; and 
‘‘(ii) add the funds so reserved to any 
funds provided to the State under this sec-
tion or section 601 of the Federal Water 
Pollution Control Act. 
‘‘(B) STATE
MATCHING
FUNDS.—Funds 
reserved under this paragraph shall not be con-
sidered for purposes of calculating the amount 
of a State contribution required by subsection 
(e) of this section or section 602(b) of the Fed-
eral Water Pollution Control Act.’’. 
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SEC. 10. STATE REVOLVING LOAN FUNDS FOR AMERICAN 
SAMOA, 
NORTHERN 
MARIANA 
ISLANDS, 
GUAM, AND THE VIRGIN ISLANDS. 
Section 1452(j) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’ 
and inserting ‘‘1.5 percent’’. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
Subsection (m) of section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j–12) is amended to read as 
follows: 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,130,000,000 for fiscal year 2018; 
‘‘(B) $3,600,000,000 for fiscal year 2019; 
‘‘(C) $4,140,000,000 for fiscal year 2020; 
‘‘(D) $4,800,000,000 for fiscal year 2021; 
and 
‘‘(E) $5,500,000,000 for fiscal year 2022. 
‘‘(2) AVAILABILITY.—Amounts made available 
pursuant to this subsection shall remain available 
until expended. 
‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of 
the amount made available under paragraph (1) to 
carry out this section for a fiscal year, the Adminis-
trator may reserve not more than $1,000,000 per 
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year to pay the costs of conducting needs surveys 
under subsection (h).’’. 
SEC. 12. AFFORDABILITY OF NEW STANDARDS. 
(a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC 
WATER SYSTEMS.—Clause (ii) of section 1412(b)(4)(E) 
of the Safe Drinking Water Act (42 U.S.C. 300g– 
1(b)(4)(E)) is amended by adding at the end the following: 
‘‘If no technology, treatment technique, or other means 
is included in a list under this subparagraph for a category 
of small public water systems, the Administrator shall pe-
riodically review the list and supplement it when new tech-
nology becomes available.’’. 
(b) ASSISTANCE
FOR
DISADVANTAGED
COMMU-
NITIES.— 
(1) IN GENERAL.—Subparagraph (E) of section 
1452(a)(1) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(a)(1)) is amended— 
(A) by striking ‘‘except that the Adminis-
trator may reserve’’ and inserting ‘‘except 
that— 
‘‘(i) in any year in which enforcement 
of a new national primary drinking water 
regulation begins, the Administrator may 
use the remaining amount to make grants 
to States whose public water systems are 
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disproportionately affected by the new reg-
ulation for the provision of assistance 
under subsection (d) to such public water 
systems; 
‘‘(ii) the Administrator may reserve’’; 
and 
(B) by striking ‘‘and none of the funds re-
allotted’’ and inserting ‘‘; and 
‘‘(iii) none of the funds reallotted’’. 
(2) ELIMINATION OF CERTAIN PROVISIONS.— 
(A) Section 1412(b) (42 U.S.C. 300g– 
1(b)) of the Safe Drinking Water Act is amend-
ed by striking paragraph (15). 
(B) Section 1415 (42 U.S.C. 300g–4) of 
the Safe Drinking Water Act is amended by 
striking subsection (e). 
(3) CONFORMING AMENDMENTS.— 
(A) 
Subparagraph 
(B) 
of 
section 
1414(c)(1) of the Safe Drinking Water Act (42 
U.S.C. 300g–3(c)(1)(B)) is amended by strik-
ing ‘‘, (a)(2), or (e)’’ and inserting ‘‘or (a)(2)’’. 
(B) Section 1416(b)(2) of the Safe Drink-
ing Water Act (42 U.S.C. 300g–5(b)(2)) is 
amended by striking subparagraph (D). 
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(C) Section 1445(h) of the Safe Drinking 
Water Act (42 U.S.C. 300j–4(h)) is amended— 
(i) 
by 
striking 
‘‘sections 
1412(b)(4)(E) and 1415(e) (relating to 
small system variance program’’ and in-
serting ‘‘section 1412(b)(4)(E)’’; and 
(ii) by striking ‘‘guidance under sec-
tions 1412(b)(4)(E) and 1415(e)’’ and in-
serting 
‘‘guidance 
under 
section 
1412(b)(4)(E)’’. 
SEC. 13. FOCUS ON LIFECYCLE COSTS. 
Section 1412(b)(4) of the Safe Drinking Water Act 
(42 U.S.C. 300g–1(b)(4)) is amended— 
(1) in subparagraph (D), by striking ‘‘taking 
cost into consideration’’ and inserting ‘‘taking 
lifecycle costs, including maintenance, replacement, 
and avoided costs, into consideration’’; and 
(2) in subparagraph (E)(ii), in the matter pre-
ceding subclause (I), by inserting ‘‘taking lifecycle 
costs, including maintenance, replacement, and 
avoided costs, into consideration,’’ after ‘‘as deter-
mined by the Administrator in consultation with the 
States,’’. 
SEC. 14. STREAMLINING REPORTING AND ENFORCEMENT. 
(a) ENFORCEMENT.— 
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