42 U.S.C. § 300j–19b (THE PUBLIC HEALTH AND WELFARE)
§ 300j–19b. Reducing lead in drinking water
(a) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means—
(A) a community water system;
(B) a water system located in an area governed by an Indian Tribe;
(C) a nontransient noncommunity water system;
(D) a qualified nonprofit organization, as determined by the Administrator, servicing a public water system; and
(E) a municipality or State, interstate, or intermunicipal agency.
(2) Lead reduction project
(A) In general
The term “lead reduction project” means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—
(i) replacement of publicly owned lead service lines;
(ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and
(iii) providing assistance to low-income homeowners to replace lead service lines.
(B) Limitation
The term “lead reduction project” does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.
(3) Low-income
The term “low-income”, with respect to an individual provided assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 300j–12(d)(3) of this title.
(4) Lead service line
The term “lead service line” means a pipe and its fittings, which are not lead free (as defined in section 300g–6(d) of this title), that connect the drinking water main to the building inlet.
(5) Nontransient noncommunity water system
The term “nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.
(b) Grant program
(1) Establishment
The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.
(2) Precondition
As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify—
(A) the source of lead in the public water system that is subject to human consumption; and
(B) the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.
(3) Priority application
In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—
(A) the Administrator determines, based on affordability criteria established by the State under section 300j–12(d)(3) of this title, to be a disadvantaged community; and
(B) proposes to—
(i) carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under section 300g–1 of this title at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or
(ii) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 300j–18(a)(1) of this title.
(4) Cost sharing
(A) In general
Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.
(B) Waiver
The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.
(5) Low-income assistance
(A) In general
Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to replace the lead service lines of such homeowners.
(B) Limitation
The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service line.
(6) Special consideration for lead service line replacement
In carrying out lead service line replacement using a grant under this subsection, an eligible entity—
(A) shall notify customers of the replacement of any publicly owned portion of the lead service line;
(B) may, in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement for that homeowner’s property;
(C) may, in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line at a cost that is equal to the difference between—
(i) the cost of replacement; and
(ii) the amount of assistance available to the low-income homeowner under paragraph (5);
(D) shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line; and
(E) shall demonstrate that the eligible entity has considered other options for reducing the concentration of lead in its drinking water, including an evaluation of options for corrosion control.
(c) Limitation on use of funds
Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2021.
(e) Savings clause
Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—
(1) subject to the control of the public water system; and
(2) located on private property.
(July 1, 1944, ch. 373, title XIV, § 1459B, as added Pub. L. 114–322, title II, § 2105, Dec. 16, 2016, 130 Stat. 1720.)