I 
114TH CONGRESS 
2D SESSION 
H. R. 6170 
To amend the Safe Drinking Water Act with respect to the consolidation 
of public water systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2016 
Mr. GARAMENDI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Safe Drinking Water Act with respect to 
the consolidation of public water systems, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONSOLIDATION. 
(a) MANDATORY
ASSESSMENT
AND
CONSOLIDA-
TION.—Subsection (h) of section 1414 of the Safe Drink-
ing Water Act (42 U.S.C. 300g–3) is amended by adding 
at the end the following: 
‘‘(3) AUTHORITY FOR MANDATORY ASSESSMENT 
AND MANDATORY CONSOLIDATION.— 
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‘‘(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 
of ownership of the system, as described in 
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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 this para-
graph, the Administrator shall promulgate reg-
ulations to implement this paragraph. 
‘‘(4) 
FINANCIAL
ASSISTANCE.—Notwith-
standing section 1452(a)(3), public water systems 
undertaking consolidation or transfer of ownership 
pursuant to this section may receive assistance 
under section 1452 to carry out such consolidation 
or transfer. 
‘‘(5) PROTECTION OF NON-RESPONSIBLE SYS-
TEM.— 
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‘‘(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.’’. 
(b) RETENTION OF PRIMARY ENFORCEMENT AU-
THORITY.— 
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(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)’’. 
Æ 
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