I 
114TH CONGRESS 
2D SESSION 
H. R. 6116 
To enable needed drinking water standards, reduce lead in drinking water, 
plan for and address threats from climate change, terrorism, and source 
water contamination, invest in drinking water infrastructure, increase 
compliance with drinking water standards, foster greater community right 
to know about drinking water quality, and promote technological solu-
tions for drinking water challenges. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2016 
Mr. PALLONE (for himself, Mr. TONKO, Mr. MCNERNEY, Mrs. CAPPS, Mr. 
CA´RDENAS, Mr. GENE GREEN of Texas, and Ms. DEGETTE) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To enable needed drinking water standards, reduce lead in 
drinking water, plan for and address threats from cli-
mate change, terrorism, and source water contamination, 
invest in drinking water infrastructure, increase compli-
ance with drinking water standards, foster greater com-
munity right to know about drinking water quality, and 
promote technological solutions for drinking water chal-
lenges. 
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; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Safe Drinking Water Act Amendments of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents; findings. 
TITLE I—REGULATING DANGEROUS DRINKING WATER 
CONTAMINANTS 
Sec. 101. Enabling EPA to set standards for new drinking water contaminants. 
Sec. 102. Deadlines for regulations on known dangerous contaminants. 
TITLE II—REDUCING LEAD IN DRINKING WATER 
Sec. 201. Reducing lead in drinking water. 
Sec. 202. Drinking water fountain replacement for schools. 
Sec. 203. Aligning definitions of lead free. 
Sec. 204. Guidance for schools regarding lead in drinking water. 
Sec. 205. School lead pipe replacement program. 
Sec. 206. School remedial action program. 
TITLE III—CLIMATE RESILIENCY, SECURITY, AND SOURCE 
WATER PROTECTION 
Sec. 301. Climate resiliency, security, and source water protection planning. 
Sec. 302. Regulation of hydraulic fracturing. 
Sec. 303. Risks of drought to drinking water. 
TITLE IV—AQUA ACT 
Sec. 401. Short title. 
Sec. 402. Prevailing wages. 
Sec. 403. Use of funds. 
Sec. 404. Requirements for use of American materials. 
Sec. 405. Data on variances, exemptions, and persistent violations. 
Sec. 406. Assistance for restructuring. 
Sec. 407. Priority and weight of applications. 
Sec. 408. Disadvantaged communities. 
Sec. 409. Administration of State loan funds. 
Sec. 410. State revolving loan funds for American Samoa, Northern Mariana 
Islands, Guam, and the Virgin Islands. 
Sec. 411. Authorization of appropriations. 
Sec. 412. Affordability of new standards. 
Sec. 413. Focus on lifecycle costs. 
Sec. 414. Best practices for administration of State revolving loan fund pro-
grams. 
TITLE V—INCREASING COMPLIANCE AND COMMUNITY RIGHT TO 
KNOW 
Sec. 501. Streamlining reporting and enforcement. 
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Sec. 502. Consolidation. 
Sec. 503. Water violations inventory. 
Sec. 504. Improved consumer confidence reports. 
TITLE VI—STUDIES AND TECHNOLOGY 
Sec. 601. Real time monitoring technology research grants. 
Sec. 602. Presence of pharmaceuticals and personal care products in sources of 
drinking water. 
Sec. 603. Water loss and leak control technology. 
(c) FINDINGS.—The Congress finds the following: 
(1) The Safe Drinking Water Act has not been 
substantially amended in 20 years, during which 
time the challenges facing drinking water systems 
and customers have increased dramatically. 
(2) Climate change, aging infrastructure, lead 
contamination, and emerging contaminants threaten 
the public health and economic viability of cities and 
towns nationwide. 
(3) The drinking water standard-setting provi-
sions put in place in 1996 have proven unworkable, 
preventing the Federal Government from regulating 
dangerous 
contaminants, 
including 
perchlorate, 
strontium, and volatile organic compounds. 
(4) Compliance and enforcement with existing 
drinking water standards has fallen far short of 
what is needed and expected. 
(5) Increased drinking water investment is 
needed to address a crisis in failing infrastructure. 
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TITLE I—REGULATING DANGER-
OUS DRINKING WATER CON-
TAMINANTS 
SEC. 101. ENABLING EPA TO SET STANDARDS FOR NEW 
DRINKING WATER CONTAMINANTS. 
(a) IN GENERAL.—Section 1412(b) of the Safe 
Drinking Water Act (42 U.S.C. 300g–1(b)) is amended— 
(1) by amending paragraph (1)(A) to read as 
follows: 
‘‘(A) GENERAL AUTHORITY.—The Admin-
istrator shall publish maximum contaminant 
level goals and promulgate national primary 
drinking water regulations for each contami-
nant (other than a contaminant for which a na-
tional primary drinking water regulation has 
been promulgated as of the date of enactment 
of the Safe Drinking Water Act Amendments of 
2016) which, in the judgement of the Adminis-
trator, may have any adverse effect on the 
health of persons and which is known or antici-
pated to occur in public water systems.’’; 
(2) in paragraph (1)(B)(ii)(I)— 
(A) by striking ‘‘every 5 years’’ and insert-
ing ‘‘every 3 years’’; and 
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(B) by striking ‘‘5 contaminants’’ and in-
serting ‘‘10 contaminants’’; 
(3) in paragraph (1)(B)(ii)(II)— 
(A) by striking ‘‘on findings that the cri-
teria of clauses (i), (ii), and (iii)’’ and inserting 
‘‘on a finding that the criteria’’; and 
(B) by striking ‘‘Such findings’’ and in-
serting ‘‘Such finding’’; 
(4) in paragraph (1)(D)— 
(A) by striking ‘‘ paragraph (4)(C), or 
completing 
the 
analysis 
under 
paragraph 
(3)(C),’’ and inserting ‘‘subparagraph (B)(ii)’’; 
and 
(B) by striking ‘‘A determination for any 
contaminant in accordance with paragraph 
(4)(C) subject to an interim regulation under 
this subparagraph shall be issued, and a com-
pleted analysis meeting the requirements of 
paragraph (3)(C) shall be published, not later 
than 3 years after the date on which the regula-
tion is promulgated and the regulation shall be 
repromulgated, or revised if appropriate, not 
later than 5 years after that date.’’; 
(5) by amending paragraph (3) to read as fol-
lows: 
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‘‘(3) AUTHORIZATION.—There are authorized to 
be appropriated to the Administrator, acting 
through the Office of Ground Water and Drinking 
Water, to conduct studies, assessments, and analyses 
in support of regulations or the development of 
methods, $35,000,000 for each of fiscal years 2017 
through 2022.’’; 
(6) in paragraph (4), by striking subparagraph 
(C); 
(7) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) EXCEPTION
FOR
STANDARDS
WITH
NO 
FEASIBLE TECHNOLOGIES.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), if the Administrator determines that 
there is no feasible technology to meet a max-
imum contaminant level, the Administrator 
may, after notice and opportunity for public 
comment, promulgate a maximum contaminant 
level for the contaminant that maximizes health 
risk reduction benefits and can be met with fea-
sible technology. 
‘‘(B) JUDICIAL REVIEW.—A determination 
by the Administrator that no feasible tech-
nology is available to meet a maximum contami-
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nant level shall be considered an action per-
taining to the establishment of a national pri-
mary drinking water regulation and subject to 
judicial review.’’; 
(8) in paragraph (12)(B)(ii), by inserting ‘‘(as 
in effect on the day before the date of enactment of 
the Safe Drinking Water Act Amendments of 
2016)’’ after ‘‘paragraph (3)(B)’’; 
(9) in paragraph (13)(B)(i), by inserting ‘‘(as 
in effect on the day before the date of enactment of 
the Safe Drinking Water Act Amendments of 
2016)’’ after ‘‘paragraph (3)’’; and 
(10) in paragraph (13)(C), by inserting ‘‘(as in 
effect on the day before the date of enactment of the 
Safe Drinking Water Act Amendments of 2016)’’ 
after ‘‘paragraph (3)(C)’’. 
(b) ADDITIONAL CONFORMING AMENDMENT.—Sec-
tion 1459 of the Safe Drinking Water Act (42 U.S.C. 
300j–19) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
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SEC. 102. DEADLINES FOR REGULATIONS ON KNOWN DAN-
GEROUS CONTAMINANTS. 
Section 1412(b)(2) of the Safe Drinking Water Act 
(42 U.S.C. 300g–1(b)(2)) is amended by adding at the 
end the following: 
‘‘(D) LEAD AND COPPER RULE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other deadline established in this sub-
section, not later than 9 months after the 
date of enactment of the Safe Drinking 
Water Act Amendments of 2016, the Ad-
ministrator shall issue revised national pri-
mary drinking water regulations for lead 
and copper in accordance with this sub-
paragraph. 
‘‘(ii) REQUIREMENTS.—The revised 
regulations issued under clause (i) shall 
ensure that— 
‘‘(I) corrosion controls are re-
evaluated anytime source water or 
treatment is changed; 
‘‘(II) test results are valid, by 
prohibiting techniques that artificially 
lower lead levels, including flushing 
before samples are taken; 
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‘‘(III) monitoring includes school 
sites for all public water systems serv-
ing schools (as defined in section 
1461); 
‘‘(IV) notification of lead prob-
lems is clear and effective; and 
‘‘(V) lead service lines are fully 
replaced on a set timetable and when-
ever contamination is detected. 
‘‘(iii) SCOPE OF LEAD LINE REPLACE-
MENT
REQUIREMENTS.—Requirements to 
replace lead service lines under the revised 
regulations issued under clause (i) shall ex-
tend to all service lines controlled by public 
water systems, regardless of ownership. 
‘‘(E) 
PERCHLORATE.—Notwithstanding 
any other deadline established in this sub-
section, not later than 12 months after the date 
of enactment of the Safe Drinking Water Act 
Amendments of 2016, the Administrator shall 
publish a maximum contaminant level goal and 
promulgate a national primary drinking water 
regulation for perchlorate. 
‘‘(F) 
PERFLUORINATED
COMPOUNDS.— 
Notwithstanding any other deadline established 
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in this subsection, not later than 2 years after 
the date of enactment of the Safe Drinking 
Water Act Amendments of 2016, the Adminis-
trator shall publish a maximum contaminant 
level goal and promulgate a national primary 
drinking water regulation for perfluorinated 
compounds. 
‘‘(G) 
MICROCYSTIN
TOXIN.—Notwith-
standing any other deadline established in this 
subsection, not later than 2 years after the date 
of enactment of the Safe Drinking Water Act 
Amendments of 2016, the Administrator shall 
publish a maximum contaminant level goal and 
promulgate a national primary drinking water 
regulation for microcystin toxin.’’. 
TITLE II—REDUCING LEAD IN 
DRINKING WATER 
SEC. 201. REDUCING LEAD IN DRINKING WATER. 
(a) DEFINITION OF LEAD SERVICE LINE.—Section 
1401 of the Safe Drinking Water Act (42 U.S.C. 300f) 
is amended by adding at the end the following new para-
graph: 
‘‘(17) LEAD
SERVICE
LINE.—The term ‘lead 
service line’ means a service line that is not lead free 
(within the meaning of section 1417).’’. 
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(b) REPLACING
LEAD
SERVICE
LINES.—Section 
1417 of the Safe Drinking Water Act (42 U.S.C. 300g– 
6) is amended by adding at the end the following: 
‘‘(f) REPLACING LEAD SERVICE LINES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi-
ble entity’ means— 
‘‘(i) an owner or operator of a public 
water system; 
‘‘(ii) a qualified nonprofit organiza-
tion, as determined by the Administrator; 
or 
‘‘(iii) a municipality or a State, inter-
state, or intermunicipal agency. 
‘‘(B) LEAD
PIPE
REPLACEMENT
PRO-
GRAM.—The term ‘lead pipe replacement pro-
gram’ means a project or activity the primary 
purpose of which is to eliminate lead in water 
for human consumption by— 
‘‘(i) replacing lead service lines; 
‘‘(ii) testing, planning, or carrying out 
other relevant activities, as determined by 
the Administrator, to identify the location 
and condition of lead service lines; or 
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‘‘(iii) providing assistance to low-in-
come homeowners to replace privately 
owned lead service lines. 
‘‘(C) 
LOW-INCOME
HOMEOWNER.—The 
term ‘low-income homeowner’ has such meaning 
as may be given the term by the Governor of 
the applicable State. 
‘‘(2) GRANT PROGRAM.— 
‘‘(A) ESTABLISHMENT.—Not later than 
180 days after the date of enactment of this 
subsection, the Administrator shall establish a 
grant program to provide assistance to eligible 
entities for lead pipe replacement programs. 
‘‘(B) 
EVALUATION.—In 
determining 
whether to provide assistance to an eligible enti-
ty under this subsection, the Administrator 
shall evaluate whether the eligible entity has— 
‘‘(i) a current inventory of lead service 
lines in the applicable public water system; 
‘‘(ii) a plan to notify customers of 
such public water system of the replace-
ment of any publicly owned portion of a 
lead service line; 
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‘‘(iii) a plan to replace the privately 
owned portion of a lead service line at the 
cost of replacement; 
‘‘(iv) a plan for a program of assist-
ance to low-income homeowners to replace 
the privately owned portion of lead service 
lines; or 
‘‘(v) a plan of recommended measures 
to avoid exposure of the public to short- 
term increases in lead levels following a 
lead service line replacement. 
‘‘(C) PRIORITY
APPLICATION.—In pro-
viding assistance under this subsection, the Ad-
ministrator shall give priority to an eligible en-
tity that— 
‘‘(i) will carry out a lead pipe replace-
ment program at a public water system 
that has exceeded the lead action level es-
tablished by the Administrator at any time 
during the 3-year period preceding the 
date of submission of the application of the 
eligible entity; 
‘‘(ii) will address lead levels in water 
for human consumption at a school, 
daycare, or other facility that primarily 
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serves children or subpopulations at great-
er risk as identified under section 1458(a); 
‘‘(iii) will include in the lead pipe re-
placement program a program to provide 
assistance to low-income homeowners; or 
‘‘(iv) addresses such priority criteria 
as the Administrator may establish, con-
sistent with the goal of reducing lead in 
water for human consumption. 
‘‘(D) COST SHARING.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the non-Federal share of the total cost 
of a program funded by a grant provided 
under this subsection shall be not less than 
20 percent. 
‘‘(ii) 
WAIVER.—The 
Administrator 
may reduce or eliminate the non-Federal 
share required under clause (i) for reasons 
of affordability, as the Administrator de-
termines to be appropriate. 
‘‘(E) LOW-INCOME
HOMEOWNER
ASSIST-
ANCE.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), an eligible entity may use a grant pro-
vided under this subsection to provide as-
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sistance to low-income homeowners to re-
place privately owned lead service lines. 
‘‘(ii) LIMITATION.—The amount of as-
sistance provided to an individual low-in-
come homeowner under this subparagraph 
shall not exceed $10,000. 
‘‘(3) GUIDANCE.—Not later than 180 days 
after the date of enactment of this subsection, the 
Administrator shall, in cooperation with States and 
qualified nonprofit organizations, develop guidance 
for owners and operators of public water systems to 
assist such owners and operators in the preparation 
of an inventory of lead service lines in their public 
water system. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $100,000,000 for each of fiscal years 
2017 through 2021.’’. 
SEC. 202. DRINKING WATER FOUNTAIN REPLACEMENT FOR 
SCHOOLS. 
(a) IN GENERAL.—Part F of the Safe Drinking 
Water Act (42 U.S.C. 300j–21 et seq.) is amended by add-
ing at the end the following: 
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‘‘SEC. 1466. DRINKING WATER FOUNTAIN REPLACEMENT 
FOR SCHOOLS. 
‘‘(a) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this section, the Adminis-
trator shall establish a grant program to provide assist-
ance to local educational agencies for the replacement of 
drinking water fountains manufactured prior to 1988. 
‘‘(b) USE OF FUNDS.—Funds awarded under the 
grant program— 
‘‘(1) shall be used to pay the costs of replace-
ment of drinking water fountains in schools; and 
‘‘(2) may be used to pay the costs of monitoring 
and reporting of lead levels in the drinking water of 
schools of a local educational agency receiving such 
funds, as determined appropriate by the Adminis-
trator. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
not more than $5,000,000 for each of fiscal years 2017 
through 2021.’’. 
(b) DEFINITIONS.—Section 1461(5) of the Safe 
Drinking Water Act (42 U.S.C. 300j–21(5)) is amended 
by inserting ‘‘or drinking water fountain’’ after ‘‘water 
cooler’’ each place it appears. 
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SEC. 203. ALIGNING DEFINITIONS OF LEAD FREE. 
Paragraph (2) of section 1461 of the Safe Drinking 
Water Act (42 U.S.C. 300j–21(2)) is amended to read as 
follows: 
‘‘(2) LEAD FREE.—The term ‘lead free’ has the 
meaning given such term in section 1417.’’. 
SEC. 204. GUIDANCE FOR SCHOOLS REGARDING LEAD IN 
DRINKING WATER. 
Part F of the Safe Drinking Water Act (42 U.S.C. 
300j–21 et seq.), as amended, is further amended by add-
ing at the end the following new section: 
‘‘SEC. 1467. GUIDANCE FOR SCHOOLS REGARDING LEAD IN 
DRINKING WATER. 
‘‘(a) GUIDANCE ON LEAD MONITORING.—Not later 
than 180 days after the date of enactment of this section, 
the Administrator shall publish revised guidance for school 
officials seeking to reduce exposure to lead from drinking 
water in schools. 
‘‘(b) REQUIREMENTS.—The Administrator shall in-
clude in the guidance published under subsection (a)— 
‘‘(1) testing protocols for schools to accurately 
detect lead contamination in school drinking water 
and its sources; 
‘‘(2) recommended actions to reduce or elimi-
nate such contamination, including lead service line 
replacement where needed; 
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‘‘(3) recommendations for maintaining or re-
placing drinking water infrastructure, including 
pipes, pipe fittings, fixtures, solder, drinking water 
coolers, and drinking water fountains, when plan-
ning for or undergoing renovations of school prop-
erty; and 
‘‘(4) recommendations and forms for commu-
nicating lead testing results, potential health risks, 
and response actions to students, staff, parents, and 
communities.’’. 
SEC. 205. SCHOOL LEAD PIPE REPLACEMENT PROGRAM. 
Part F of the Safe Drinking Water Act (42 U.S.C. 
300j–21 et seq.), as amended, is further amended by add-
ing at the end the following new section: 
‘‘SEC. 1468. SCHOOL LEAD PIPE REPLACEMENT PROGRAM. 
‘‘(a) ELIGIBLE ENTITY.—In this section, the term 
‘eligible entity’ means— 
‘‘(1) a local educational agency; or 
‘‘(2) a public water system. 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of this section, the 
Administrator shall establish a grant program to as-
sist eligible entities in carrying out programs to re-
place lead service lines for schools and solder that is 
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not lead free used in the plumbing for schools. Such 
a program— 
‘‘(A) shall include replacing lead service 
lines and solder that is not lead free; and 
‘‘(B) may include testing, planning, or car-
rying out other relevant activities, as deter-
mined by the Administrator, to identify the lo-
cation and condition of lead service lines and 
solder that is not lead free. 
‘‘(2) PRIORITY APPLICATION.—In providing as-
sistance under this section, the Administrator shall 
give priority to proposed programs for schools for 
which, at any time during the 3-year period pre-
ceding the date of submission of an application of 
the eligible entity, monitoring data has indicated ele-
vated lead levels in the school drinking water. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2017 through 2021.’’. 
SEC. 206. SCHOOL REMEDIAL ACTION PROGRAM. 
(a) LEAD CONTAMINATION IN SCHOOL DRINKING 
WATER.—Section 1464(d) of the Safe Drinking Water 
Act (42 U.S.C. 300j–24(d)) is amended— 
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(1) in paragraph (1), by striking ‘‘Within 9 
months after the enactment of this section, each 
State shall’’ and inserting ‘‘Any State may’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘A copy’’ and inserting 
‘‘Any State establishing a program pursuant to 
paragraph (1) shall make a copy’’; and 
(B) by striking ‘‘shall be’’; and 
(3) in paragraph (3)— 
(A) by inserting ‘‘and fountains’’ after 
‘‘coolers’’ each place it appears; 
(B) by striking ‘‘enactment of this sub-
section’’ and inserting ‘‘establishment of a pro-
gram under paragraph (1)’’; and 
(C) by inserting ‘‘or fountain’’ after ‘‘cool-
er’’. 
(b) FEDERAL ASSISTANCE FOR STATE PROGRAMS 
REGARDING LEAD CONTAMINATION IN SCHOOL DRINK-
ING WATER.—Section 1465 of the Safe Drinking Water 
Act (42 U.S.C. 300j–25) is amended— 
(1) in subsection (a), by striking ‘‘States to es-
tablish’’ and inserting ‘‘States that establish’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘$30,000,000’’ each place 
it appears and inserting ‘‘$100,000,000’’; 
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(B) by striking ‘‘1989’’ and inserting 
‘‘2017’’; 
(C) by striking ‘‘1990’’ and inserting 
‘‘2018’’; and 
(D) by striking ‘‘1991.’’ and inserting 
‘‘2019.’’. 
TITLE III—CLIMATE RESILIEN-
CY, SECURITY, AND SOURCE 
WATER PROTECTION 
SEC. 301. CLIMATE RESILIENCY, SECURITY, AND SOURCE 
WATER PROTECTION PLANNING. 
Section 1433 of the Safe Drinking Water Act (42 
U.S.C. 300i–2) is amended to read as follows: 
‘‘SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE 
WATER PROTECTION. 
‘‘(a) SOURCE WATER AND DISTRIBUTION SYSTEM 
VULNERABILITY ASSESSMENTS.— 
‘‘(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of the Safe Drinking 
Water Act Amendments of 2016, each community 
water system shall submit to the Administrator 
source water and distribution system vulnerability 
assessments. 
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‘‘(2) IDENTIFICATION
OF
THREATS.—Assess-
ments submitted pursuant to paragraph (1) shall 
identify— 
‘‘(A) threats to the community water sys-
tem’s source water from industrial activity, 
pipelines and storage tanks, contaminated sites, 
agricultural activity, and oil and gas explo-
ration; 
‘‘(B) threats to the community water sys-
tem’s source water and distribution system 
from climate change, extreme weather, drought, 
and temperature changes; and 
‘‘(C) threats to the community water sys-
tem’s source water and distribution system 
from intentional acts, including intentional con-
tamination, sabotage, and theft of any chemical 
of interest (as designated under Appendix A to 
part 27 of title 6, Code of Federal Regulations, 
or any successor thereto). 
‘‘(3) ASSESSMENT OF ALTERNATIVES.—Assess-
ments submitted pursuant to paragraph (1) shall in-
clude a comparison of the disinfection methods used 
by the community water system and reasonably 
available alternative disinfection methods, including 
a determination of whether reasonably available al-
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ternative disinfection methods could reduce the com-
munity water system’s vulnerability to the threats 
identified pursuant to paragraph (2). 
‘‘(4) PERIODIC REVIEW AND RESUBMISSION.— 
Each community water system submitting a vulner-
ability assessment pursuant to paragraph (1) shall 
review, revise as necessary, and resubmit such as-
sessment not less often than every 5 years. 
‘‘(5) GUIDANCE.—Not later than one year after 
the date of enactment of the Safe Drinking Water 
Act Amendments of 2016, the Administrator shall 
provide guidance to community water systems for 
the preparation of vulnerability assessments under 
this subsection. 
‘‘(b) SOURCE WATER AND DISTRIBUTION SYSTEM 
PROTECTION PLANS.— 
‘‘(1) IN
GENERAL.—Not later than 4 years 
after the date of enactment of the Safe Drinking 
Water Act Amendments of 2016, each community 
water system shall submit to the Administrator 
source water and distribution system protection 
plans. 
‘‘(2) MITIGATION OF IDENTIFIED THREATS.— 
Plans submitted pursuant to paragraph (1) shall 
identify strategies and resources to mitigate the 
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threats identified in assessments prepared pursuant 
to subsection (a). 
‘‘(3) 
EMERGENCY
RESPONSE
PLANNING.— 
Plans submitted pursuant to paragraph (1) shall in-
clude specific emergency response plans for the 
threats identified in assessments prepared pursuant 
to subsection (a). 
‘‘(4) PERIODIC REVIEW AND RESUBMISSION.— 
Each community water system submitting a plan 
pursuant to paragraph (1) shall review, revise as 
necessary, and resubmit such plan not less often 
than every 5 years. 
‘‘(5) GUIDANCE.—Not later than one year after 
the date of enactment of the Safe Drinking Water 
Act Amendments of 2016, the Administrator shall 
provide guidance to community water systems for 
the preparation of plans under this subsection. 
‘‘(c) TECHNICAL ASSISTANCE AND GRANTS.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish and implement a program, to be known as 
the Drinking Water Infrastructure Resiliency and 
Sustainability Program, under which the Adminis-
trator may award grants in each of fiscal years 2017 
through 2021 to owners or operators of community 
water systems for the purpose of increasing the re-
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siliency or adaptability of the community water sys-
tems to threats identified pursuant to subsection (a). 
‘‘(2) USE OF FUNDS.—As a condition on receipt 
of a grant under this section, an owner or operator 
of a community water system shall agree to use the 
grant funds exclusively to assist in the planning, de-
sign, construction, implementation, operation, or 
maintenance of a program or project consistent with 
a plan developed pursuant to subsection (b). 
‘‘(3) PRIORITY.— 
‘‘(A) WATER SYSTEMS AT GREATEST AND 
MOST IMMEDIATE RISK.—In selecting grantees 
under this subsection, the Administrator shall 
give priority to applicants that are owners or 
operators of community water systems that are, 
based on the best available research and data, 
at the greatest and most immediate risk of fac-
ing significant negative impacts due to threats 
described in subsection (a)(2). 
‘‘(B) GOALS.—In selecting among appli-
cants described in subparagraph (A), the Ad-
ministrator shall ensure that, to the maximum 
extent practicable, the final list of applications 
funded for each year includes a substantial 
number that propose to use innovative ap-
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proaches to meet one or more of the following 
goals: 
‘‘(i) Promoting more efficient water 
use, water conservation, water reuse, or 
water recycling. 
‘‘(ii) Using decentralized, low-impact 
development technologies and nonstructur-
al approaches, including practices that use, 
enhance, or mimic the natural hydrological 
cycle or protect natural flows. 
‘‘(iii) Reducing stormwater runoff or 
flooding by protecting or enhancing nat-
ural ecosystem functions. 
‘‘(iv) Modifying, upgrading, enhanc-
ing, or replacing existing community water 
system 
infrastructure 
in 
response 
to 
changing hydrologic conditions. 
‘‘(v) Improving water quality or quan-
tity for agricultural and municipal uses, in-
cluding through salinity reduction. 
‘‘(vi) Providing multiple benefits, in-
cluding to water supply enhancement or 
demand reduction, water quality protection 
or improvement, increased flood protection, 
and ecosystem protection or improvement. 
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‘‘(4) COST-SHARING.— 
‘‘(A) FEDERAL SHARE.—The share of the 
cost of any activity that is the subject of a 
grant awarded by the Administrator to the 
owner or operator of a community water system 
under this subsection shall not exceed 50 per-
cent of the cost of the activity. 
‘‘(B) 
CALCULATION
OF
NON-FEDERAL 
SHARE.—In calculating the non-Federal share 
of the cost of an activity proposed by a commu-
nity water system in an application submitted 
under this subsection, the Administrator shall— 
‘‘(i) include the value of any in-kind 
services that are integral to the completion 
of the activity, including reasonable admin-
istrative and overhead costs; and 
‘‘(ii) not include any other amount 
that the community water system involved 
receives from the Federal Government. 
‘‘(5) REPORT TO CONGRESS.—Not later than 3 
years after the date of the enactment of the Safe 
Drinking Water Act Amendments of 2016, and 
every 3 years thereafter, the Administrator shall 
submit to the Congress a report on progress in im-
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plementing this subsection, including information on 
project applications received and funded annually. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
To carry out this subsection, there are authorized to 
be appropriated $50,000,000 for each of fiscal years 
2017 through 2021.’’. 
SEC. 302. REGULATION OF HYDRAULIC FRACTURING. 
(a) HYDRAULIC FRACTURING.—Section 1421(d)(1) 
of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) 
is amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) includes the underground injection of 
fluids or propping agents pursuant to hydraulic 
fracturing operations related to oil, gas, or geo-
thermal production activities; but 
‘‘(C) excludes the underground injection of 
natural gas for purposes of storage.’’. 
(b) DISCLOSURE
OF
HYDRAULIC
FRACTURING 
CHEMICALS; MEDICAL
EMERGENCIES; PROPRIETARY 
CHEMICAL FORMULAS.—Section 1421(b) of the Safe 
Drinking Water Act (42 U.S.C. 300H(b)) is amended by 
adding at the end the following: 
‘‘(4)(A) Regulations included under paragraph 
(1)(C) shall include the following requirements: 
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‘‘(i) A person conducting hydraulic 
fracturing operations shall disclose to the 
State (or the Administrator if the Adminis-
trator has primary enforcement responsi-
bility in the State)— 
‘‘(I) prior to the commencement 
of any hydraulic fracturing operations 
at any lease area or portion thereof, a 
list of chemicals intended for use in 
any underground injection during 
such operations, including identifica-
tion of the chemical constituents of 
mixtures, Chemical Abstracts Service 
numbers for each chemical and con-
stituent, material safety data sheets 
when available, and the anticipated 
volume of each chemical; and 
‘‘(II) not later than 30 days after 
the end of any hydraulic fracturing 
operations, the list of chemicals used 
in each underground injection during 
such operations, including identifica-
tion of the chemical constituents of 
mixtures, Chemical Abstracts Service 
numbers for each chemical and con-
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stituent, material safety data sheets 
when available, and the volume of 
each chemical used. 
‘‘(ii) The State or the Administrator, 
as applicable, shall make the disclosure of 
chemical constituents referred to in clause 
(i) available to the public, including by 
posting the information on an appropriate 
Internet Web site. 
‘‘(iii) Whenever the State or the Ad-
ministrator, or a treating physician or 
nurse, determines that a medical emer-
gency exists and the proprietary chemical 
formula of a chemical used in hydraulic 
fracturing operations is necessary for med-
ical treatment, the person conducting the 
hydraulic fracturing operations shall, upon 
request, immediately disclose the propri-
etary chemical formula or the specific 
chemical identity of a trade secret chemical 
to the State, the Administrator, or the 
treating physician or nurse, regardless of 
whether a written statement of need or a 
confidentiality agreement has been pro-
vided. The person conducting the hydraulic 
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fracturing operations may require a writ-
ten statement of need and a confidentiality 
agreement as soon thereafter as cir-
cumstances permit. 
‘‘(B) Subparagraphs (A)(i) and (A)(ii) do 
not authorize the State (or the Administrator) 
to require the public disclosure of proprietary 
chemical formulas.’’. 
SEC. 303. RISKS OF DROUGHT TO DRINKING WATER. 
Part E of the Safe Drinking Water Act (42 U.S.C. 
300j et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1459A. DROUGHT RISK ASSESSMENT AND MANAGE-
MENT. 
‘‘(a) STRATEGIC PLAN.— 
‘‘(1) DEVELOPMENT.—Not later than 90 days 
after the date of enactment of this section, the Ad-
ministrator shall develop and submit to Congress a 
strategic plan for assessing and managing the risks 
of drought to drinking water provided by public 
water systems. The strategic plan shall include steps 
and timelines to— 
‘‘(A) evaluate the risks posed by drought 
to drinking water provided by public water sys-
tems; 
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‘‘(B) compile a comprehensive list of the 
effects of drought on drinking water provided 
by public water systems which the Adminis-
trator determines may have an adverse effect 
on human health; 
‘‘(C) summarize— 
‘‘(i) the known adverse human health 
effects resulting from the effects of 
drought on drinking water included on the 
list established under subparagraph (B); 
‘‘(ii) factors that cause drought; and 
‘‘(iii) factors that exacerbate the ef-
fects of drought on drinking water pro-
vided by public water systems; 
‘‘(D) with respect to the effects of drought 
on drinking water included on the list compiled 
under subparagraph (B), determine whether 
to— 
‘‘(i) establish guidance regarding fea-
sible analytical methods to quantify such 
effects; and 
‘‘(ii) establish guidance regarding the 
frequency of monitoring necessary to de-
tect such effects; 
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‘‘(E) recommend feasible treatment op-
tions, including procedures, equipment, and 
source water protection practices, to mitigate 
such effects; and 
‘‘(F) enter into cooperative agreements 
with, and provide technical assistance to, af-
fected States and public water systems, as iden-
tified by the Administrator, for the purpose of 
managing risks associated with the effects of 
drought on drinking water. 
‘‘(2) UPDATES.—The Administrator shall, as 
appropriate, update and submit to Congress the 
strategic plan developed under paragraph (1). 
‘‘(b) INFORMATION COORDINATION.—In carrying out 
this section the Administrator shall— 
‘‘(1) identify gaps in the Agency’s under-
standing of the effects of drought on drinking water 
provided by public water systems, including— 
‘‘(A) the human health effects of drought; 
and 
‘‘(B) methods and means of testing and 
monitoring for the effects of drought on source 
water of, or drinking water provided by, public 
water systems; 
‘‘(2) as appropriate, consult with— 
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‘‘(A) other Federal agencies that— 
‘‘(i) examine or analyze drought; or 
‘‘(ii) address public health concerns 
related to drought; 
‘‘(B) States; 
‘‘(C) operators of public water systems; 
‘‘(D) multinational agencies; 
‘‘(E) foreign governments; 
‘‘(F) research and academic institutions; 
and 
‘‘(G) companies that provide relevant 
drinking water treatment options; and 
‘‘(3) assemble and publish information from 
each Federal agency that has— 
‘‘(A) examined or analyzed drought; or 
‘‘(B) addressed public health concerns re-
lated to drought. 
‘‘(c) FEASIBLE.—For purposes of this section, the 
term ‘feasible’ has the meaning given such term in section 
1412(b)(4)(D).’’. 
TITLE IV—AQUA ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Assistance, Quality, 
and Affordability Act of 2016’’. 
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SEC. 402. 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 
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.’’. 
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SEC. 403. USE OF FUNDS. 
Section 1452(a)(2) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(a)(2)) is amended— 
(1) by striking ‘‘Except as otherwise’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—Except as otherwise’’; 
(2) by striking ‘‘Financial assistance under this 
section’’ and inserting the following: 
‘‘(B) PERMISSIBLE
EXPENDITURES.—Fi-
nancial assistance under this section’’; 
(3) by striking ‘‘The funds may also be used’’ 
and inserting the following: 
‘‘(D) CERTAIN
LOANS.—Financial assist-
ance under this section may also be used’’; 
(4) by striking ‘‘The funds shall not be used’’ 
and inserting the following: 
‘‘(E) LIMITATION.—Financial assistance 
under this section shall not be used’’; 
(5) by striking ‘‘Of the amount credited’’ and 
inserting the following: 
‘‘(F) SET-ASIDE.—Of the amount cred-
ited’’; 
(6) in subparagraph (B) (as designated by 
paragraph (2)) by striking ‘‘(not’’ and inserting 
‘‘(including expenditures for planning, design, siting, 
and associated preconstruction activities, for replac-
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ing or rehabilitating aging treatment, storage, or 
distribution facilities 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’’; and 
(7) by inserting after such subparagraph (B) 
the following: 
‘‘(C) SALE OF BONDS.—If a State issues 
revenue or general obligation bonds to provide 
all or part of the State contribution required by 
subsection (e), and the proceeds of the sale of 
such bonds will be deposited into the State loan 
fund— 
‘‘(i) financial assistance made avail-
able under this section may be used by the 
State as security for payment of the prin-
cipal and interest on such bonds; and 
‘‘(ii) interest earnings of the State 
loan fund may be used by the State as rev-
enue for payment of the principal and in-
terest on such bonds.’’. 
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SEC. 404. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
Section 1452(a) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(4) REQUIREMENTS FOR USE OF AMERICAN 
MATERIALS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, none of the funds made 
available by a State loan fund as authorized 
under this section may be used for a project for 
the construction, alteration, maintenance, or re-
pair of a public water system unless all of the 
iron and steel products used in such project are 
produced in the United States. 
‘‘(B) WAIVER.—Upon request, the Admin-
istrator shall waive application of subparagraph 
(A) in any case in which the Administrator (in 
consultation with the Governor of the State) 
finds that— 
‘‘(i) applying subparagraph (A) would 
be inconsistent with the public interest; 
‘‘(ii) iron and steel products are not 
produced in the United States in sufficient 
and reasonably available quantities and of 
a satisfactory quality; or 
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‘‘(iii) inclusion of iron and steel prod-
ucts produced in the United States will in-
crease the cost of the overall project by 
more than 25 percent. 
‘‘(C) REQUESTS FOR WAIVER.—If the Ad-
ministrator receives a request for a waiver 
under this paragraph, the Administrator shall— 
‘‘(i) make available to the public, on 
an informal basis, a copy of the request 
and information available to the Adminis-
trator concerning the request; 
‘‘(ii) make the request and accom-
panying information available by electronic 
means, including on the official public 
Internet site of the Environmental Protec-
tion Agency; and 
‘‘(iii) allow for informal public input 
on the request for at least 15 days prior to 
making a finding based on the request. 
‘‘(D) CONSISTENCY WITH INTERNATIONAL 
AGREEMENTS.—This paragraph shall be applied 
in a manner consistent with United States obli-
gations under international agreements. 
‘‘(E) DEFINITION
OF
IRON
AND
STEEL 
PRODUCTS.—In this paragraph, the term ‘iron 
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and steel products’ means the following prod-
ucts made primarily of iron or steel: lined or 
unlined pipes and fittings, manhole covers and 
other municipal castings, hydrants, tanks, 
flanges, pipe clamps and restraints, valves, 
structural steel, reinforced precast concrete, 
and construction materials.’’. 
SEC. 405. 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 
a national primary drinking water regulation, 
including identification of— 
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‘‘(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. 406. ASSISTANCE FOR RESTRUCTURING. 
(a) DEFINITION.—Section 1401 of the Safe Drinking 
Water Act (42 U.S.C. 300f), as amended, is further 
amended by adding at the end the following: 
‘‘(18) 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’’. 
SEC. 407. 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— 
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(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 
standard, 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 
in subsection (d)(3)) in the State. If the State 
finds that such capital improvements do not 
meet affordability criteria for disadvantaged 
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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; 
‘‘(IV) a financing plan that fac-
tors in all lifecycle costs indicating 
sources of revenue from ratepayers, 
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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; 
‘‘(III) actions to increase energy 
efficiency; 
‘‘(IV) actions to generate or cap-
ture sustainable energy on site or 
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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-
odologies, or computer software, to assist small public 
water systems in undertaking measures to improve the 
management, financial stability, and efficiency of the pub-
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lic water system or reduce the public water system’s envi-
ronmental impact.’’. 
SEC. 408. 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— 
(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’’. 
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(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.’’. 
SEC. 409. ADMINISTRATION OF STATE LOAN FUNDS. 
Section 1452(g) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(g)) is amended— 
(1) in paragraph (2)— 
(A) in the first sentence, by striking ‘‘up 
to 4 percent of the funds allotted to the State 
under this section’’ and inserting ‘‘, for each 
fiscal year, an amount that does not exceed the 
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sum of the amount of any fees collected by the 
State for use in covering reasonable costs of ad-
ministration of programs under this section, re-
gardless of the source, and an amount equal to 
the greatest of $400,000, 1⁄5 of one percent of 
the current valuation of the State loan fund, or 
6 percent of all grant awards to the State loan 
fund under this section for the fiscal year,’’; 
(B) in subparagraph (D), by striking 
‘‘1419,’’ and inserting ‘‘1419.’’; and 
(C) in the matter following subparagraph 
(D)— 
(i) by striking ‘‘if the State’’ and all 
that follows through ‘‘1993.’’; and 
(ii) by striking ‘‘2 percent’’ and in-
serting ‘‘4 percent’’; and 
(2) by adding at the end the following: 
‘‘(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 
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‘‘(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.’’. 
SEC. 410. 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. 411. 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.— 
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‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,130,000,000 for fiscal year 2017; 
‘‘(B) $3,600,000,000 for fiscal year 2018; 
‘‘(C) $4,140,000,000 for fiscal year 2019; 
‘‘(D) $4,800,000,000 for fiscal year 2020; 
and 
‘‘(E) $5,500,000,000 for fiscal year 2021. 
‘‘(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 
year to pay the costs of conducting needs surveys 
under subsection (h).’’. 
SEC. 412. 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-
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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 
standard begins, the Administrator may 
use the remaining amount to make grants 
to States whose public water systems are 
disproportionately affected by the new 
standard 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.— 
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(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). 
(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)’’. 
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SEC. 413. 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. 414. BEST PRACTICES FOR ADMINISTRATION OF 
STATE REVOLVING LOAN FUND PROGRAMS. 
Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j–12) is amended by inserting after subsection 
(r), as added by section 407(b), the following: 
‘‘(s) BEST PRACTICES FOR PROGRAM ADMINISTRA-
TION.—The Administrator shall— 
‘‘(1) collect information from States on admin-
istration of State programs with respect to State 
loan funds, including— 
‘‘(A) efforts to streamline the process for 
applying for assistance through such programs; 
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‘‘(B) programs in place to assist with the 
completion of application forms; 
‘‘(C) incentives provided to systems that 
partner with small public water systems for the 
application process; and 
‘‘(D) techniques to ensure that obligated 
balances are liquidated in a timely fashion; 
‘‘(2) not later than 3 years after the date of en-
actment of the Assistance, Quality, and Affordability 
Act of 2016, disseminate to the States’ best prac-
tices for administration of such programs, based on 
the information collected pursuant to this sub-
section; and 
‘‘(3) periodically update such best practices, as 
appropriate.’’. 
TITLE V—INCREASING COMPLI-
ANCE 
AND 
COMMUNITY 
RIGHT TO KNOW 
SEC. 501. STREAMLINING REPORTING AND ENFORCEMENT. 
(a) ENFORCEMENT.— 
(1) ADVICE
AND
TECHNICAL
ASSISTANCE.— 
Section 1414(a)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g–3(a)(1)) is amended— 
(A) in subparagraph (A), in the matter fol-
lowing clause (ii), by striking ‘‘and provide such 
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advice and technical assistance to such State 
and public water system as may be appropriate 
to bring the system into compliance with the re-
quirement by the earliest feasible time’’; and 
(B) by adding at the end the following: 
‘‘(C) At any time after providing notice of a violation 
to a State and public water system under subparagraph 
(A), the Administrator may provide such advice and tech-
nical assistance to such State and public water system as 
may be appropriate to bring the system into compliance 
with the requirement by the earliest feasible time. In de-
ciding whether the provision of advice or technical assist-
ance is appropriate, the Administrator may consider the 
potential for the violation to result in serious adverse ef-
fects to human health, whether the violation has occurred 
continuously or frequently, and the effectiveness of past 
technical assistance efforts.’’. 
(2) ADDITIONAL INSPECTIONS.— 
(A) IN
GENERAL.—Section 1414 of the 
Safe Drinking Water Act (42 U.S.C. 300g–3) is 
amended— 
(i) by redesignating subsections (d) 
through (i) as subsections (e) through (j), 
respectively; and 
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(ii) by inserting after subsection (c) 
the following: 
‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA-
TIONS.— 
‘‘(1) IN
GENERAL.—The Administrator shall, 
by regulation, and after consultation with the States, 
prescribe the number, frequency, and type of addi-
tional inspections to follow any violation requiring 
notice under subsection (c). Regulations under this 
subsection shall— 
‘‘(A) take into account— 
‘‘(i) differences between violations 
that are intermittent or infrequent and vio-
lations that are continuous or frequent; 
‘‘(ii) the seriousness of any potential 
adverse health effects that may be in-
volved; and 
‘‘(iii) the number and severity of past 
violations by the public water system; and 
‘‘(B) specify procedures for inspections fol-
lowing a violation by a public water system that 
has the potential to have serious adverse effects 
on human health as a result of short-term expo-
sure. 
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‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI-
BILITY.—Nothing in this subsection shall be con-
strued or applied to modify the requirements of sec-
tion 1413.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Subsections (a)(1)(B), (a)(2)(A), 
and (b) of section 1414 of the Safe Drink-
ing Water Act (42 U.S.C. 300g–3) are 
amended by striking ‘‘subsection (g)’’ each 
place it appears and inserting ‘‘subsection 
(h)’’. 
(ii) Section 1448(a) of the Safe 
Drinking Water Act (42 U.S.C. 300j–7(a)) 
is amended by striking ‘‘1414(g)(3)(B)’’ 
and inserting ‘‘1414(h)(3)(B)’’. 
(b) ELECTRONIC REPORTING OF COMPLIANCE MONI-
TORING DATA TO THE ADMINISTRATOR.— 
(1) REQUIREMENT.—Section 1414 of the Safe 
Drinking Water Act (42 U.S.C. 300g–3), as amend-
ed, is further amended by adding at the end the fol-
lowing: 
‘‘(k) ELECTRONIC
REPORTING
OF
COMPLIANCE 
MONITORING DATA TO THE ADMINISTRATOR.—The Ad-
ministrator shall by rule establish requirements for— 
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‘‘(1) electronic submission by public water sys-
tems of all compliance monitoring data— 
‘‘(A) to the Administrator; or 
‘‘(B) with respect to public water systems 
in a State which has primary enforcement re-
sponsibility under section 1413, to such State; 
and 
‘‘(2) electronic submission to the Administrator 
by each State which has primary enforcement re-
sponsibility under section 1413 of all compliance 
monitoring data submitted to such State by public 
water systems pursuant to paragraph (1)(B).’’. 
(2) FINAL RULE.—Not later than 12 months 
after the date of the enactment of this Act, the Ad-
ministrator of the Environmental Protection Agency 
shall issue a final rule to carry out section 1414(k) 
of the Safe Drinking Water Act, as added by para-
graph (1). 
SEC. 502. CONSOLIDATION. 
(a) MANDATORY
ASSESSMENT
AND
CONSOLIDA-
TION.—Subsection (i) of section 1414 of the Safe Drink-
ing Water Act (42 U.S.C. 300g–3), as redesignated by 
section 501(a)(2), is amended by adding at the end the 
following: 
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‘‘(3) AUTHORITY FOR MANDATORY ASSESSMENT 
AND MANDATORY CONSOLIDATION.— 
‘‘(A) MANDATORY ASSESSMENT.—A State 
with primary enforcement responsibility or the 
Administrator (if the State does not have pri-
mary enforcement responsibility) may require 
the owner or operator of a public water system 
to assess options for consolidation, or transfer 
of ownership of the system, as described in 
paragraph (1), if— 
‘‘(i) the public water system has re-
peatedly failed to comply with one or more 
national primary drinking water regula-
tions; 
‘‘(ii) such consolidation or transfer is 
feasible; and 
‘‘(iii) such consolidation or transfer 
could result in greater compliance with na-
tional primary drinking water regulations. 
‘‘(B) 
MANDATORY
CONSOLIDATION.—A 
State with primary enforcement responsibility 
or the Administrator (if the State does not have 
primary enforcement responsibility) may require 
the owner or operator of a public water system 
to submit a plan for consolidation, or transfer 
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of ownership of the system, as described in 
paragraph (1), and complete the actions re-
quired under such plan if— 
‘‘(i) the owner or operator of the pub-
lic water system completed the assessment 
required under paragraph (A), but did not 
complete consolidation or transfer of own-
ership; 
‘‘(ii) since completing such assess-
ment, the public water system has failed to 
comply with one or more national primary 
drinking water regulations; and 
‘‘(iii) such consolidation or transfer is 
feasible. 
‘‘(C) REGULATIONS.—Not later than 2 
years after the date of enactment of the Safe 
Drinking Water Act Amendments of 2016, the 
Administrator shall promulgate regulations to 
implement this paragraph. 
‘‘(4) FINANCIAL
ASSISTANCE.—Notwithstand-
ing section 1452(a)(3), public water systems under-
taking consolidation or transfer of ownership pursu-
ant to this section may receive assistance under sec-
tion 1452 to carry out such consolidation or trans-
fer. 
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‘‘(5) PROTECTION OF NON-RESPONSIBLE SYS-
TEM.— 
‘‘(A) IDENTIFICATION
OF
LIABILITIES.— 
An owner or operator of a public water system 
submitting a plan pursuant to this section shall 
identify as part of such plan— 
‘‘(i) any potential liability for damages 
arising from each specific violation identi-
fied in the plan of which the owner or op-
erator is aware or should be aware; and 
‘‘(ii) any funds or other assets avail-
able to satisfy such liability that are avail-
able, as of the date of submission of such 
plan, to the public water system that com-
mitted such violation. 
‘‘(B) RESERVATION OF FUNDS.—A public 
water system that has completed consolidation 
with another public water system pursuant to a 
plan approved or required pursuant to this sec-
tion shall not be liable in a civil action for any 
damages arising from a specific violation identi-
fied in such plan, except to the extent to which 
funds or other assets are identified pursuant to 
subparagraph (A)(ii) as available to satisfy such 
liability.’’. 
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(b) RETENTION OF PRIMARY ENFORCEMENT AU-
THORITY.— 
(1) IN GENERAL.—Section 1413(a) of the Safe 
Drinking Water Act (42 U.S.C. 300g–2(a)) is 
amended— 
(A) in paragraph (5), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) by redesignating paragraph (6) as 
paragraph (7); and 
(C) by inserting after paragraph (5) the 
following new paragraph: 
‘‘(6) has adopted and is implementing proce-
dures for requiring public water systems to assess 
options for, and complete, consolidation or transfer 
of ownership, in accordance with the regulations 
issued by the Administrator to implement section 
1414(i)(3); and’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1413(b)(1) of the Safe Drinking Water Act (42 
U.S.C. 300g–2(b)(1)) is amended by striking ‘‘of 
paragraphs (1), (2), (3), and (4)’’. 
SEC. 503. WATER VIOLATIONS INVENTORY. 
Section 1414 of the Safe Drinking Water Act (42 
U.S.C. 300g–3), as amended, is further amended by add-
ing at the end the following new subsection: 
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