Get the Lead Out Act
Bill: H.R.3300 | Sponsor: Rep. Smith, Christopher H. (R-NJ)
Policy area: Environmental Protection

Summary:
Get the Lead Out Act
This bill requires community water systems (i.e., public water systems that provide drinking water) to identify and replace lead service lines (e.g., pipes) and allows the systems to use assistance from drinking water state revolving funds to replace those lines.
Specifically, the bill requires community water systems to submit to the Environmental Protection Agency (EPA) by specified deadlines (1) plans to inventory and replace lead service lines, and (2) certifications that lead service lines have been replaced except for any line that is not owned by the system and for which the owner declined replacement.
Community water systems must pay the full costs of all lead service line replacements and any filters required under their plans. Systems may incorporate into their base rates the costs of the line replacements and filters not fully covered by grants and other assistance.

To amend the Safe Drinking Water Act with respect to replacement of 
              lead service lines, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Get the Lead Out Act''.

SEC. 2. PLANS FOR REPLACEMENT OF LEAD SERVICE LINES.

    (a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C. 
300j et seq.) is amended by adding at the end the following:

``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES.

    ``(a) Plans.--
            ``(1) Submission.--
                    ``(A) Systems serving 3,300 or more.--
                            ``(i) In general.--Subject to clause (ii), 
                        each community water system serving a 
                        population of 3,300 or more shall--
                                    ``(I) not later than 1 year after 
                                the date of enactment of this section, 
                                submit to the Administrator a plan to 
                                inventory and fully replace all of the 
                                lead service lines of the community 
                                water system, including the portions of 
                                such lead service lines that are owned 
                                by the community water system and any 
                                remaining portions of such lead service 
                                lines; and
                                    ``(II) not later than 3 years after 
                                the date of enactment of this section, 
                                complete such inventory.
                            ``(ii) Exception.--The plan of a community 
                        water system under clause (i) shall not allow 
                        the partial replacement of the lead service 
                        lines of the system, except in the case of an 
                        emergency, in which case the community water 
                        system shall ensure prompt full replacement of 
                        the lead service lines of the system not more 
                        than 90 days after the end of the emergency.
                            ``(iii) Procedures.--Not later than 1 year 
                        after the date of enactment of this section, 
                        the Administrator shall establish procedures to 
                        ensure that inventories conducted pursuant to a 
                        plan under clause (i) are rigorous and 
                        complete.
                    ``(B) Small systems.--Each community water system 
                serving fewer than 3,300 persons shall--
                            ``(i) by such deadline as the Administrator 
                        determines appropriate, but not later than 5 
                        years after the date of enactment of this 
                        section, submit to the Administrator a plan to 
                        inventory and fully replace all the lead 
                        service lines of the community water system, as 
                        described in subparagraph (A)(i) and subject to 
                        subparagraph (A)(ii); and
                            ``(ii) not later than 5 years after the 
                        date of enactment of this section, complete 
                        such inventory.
            ``(2) Inclusions.--Each plan submitted under this 
        subsection shall include a plan and schedule for--
                    ``(A) notifying persons served by the applicable 
                community water system that the community water system 
                will install interim filters that meet the criteria 
                under paragraph (3) on all primary drinking water taps 
                served by the community water system with lead service 
                lines;
                    ``(B) installing such interim filters and providing 
                replacement filter cartridges in accordance with 
                manufacturer instructions for so long as such interim 
                filters are in use;
                    ``(C) not later than 10 years after such plan is 
                approved under subsection (b), fully replacing all of 
                the lead service lines of the community water system; 
                and
                    ``(D) including local community-based or other 
                local organizations, as deemed appropriate by the 
                community water system, in training the public in the 
                proper use and maintenance of the interim filters.
            ``(3) Filter criteria.--Interim filters, and any 
        replacement thereof, installed pursuant to a plan under this 
        section--
                    ``(A) shall--
                            ``(i) be certified for lead reduction in 
                        compliance with NSF International/American 
                        National Standards Institute (`ANSI') Standard 
                        53-2017, `Drinking Water Treatment Units--
                        Health Effects', published by NSF 
                        International; and
                            ``(ii) incorporate an integral performance 
                        indication device as specified in section 6.1 
                        of NSF/ANSI standard 53-2017; or
                    ``(B) shall be certified as compliant with any 
                standards for lead reduction adopted by NSF 
                International, ANSI, or the Agency that are more 
                stringent than the standards under subparagraph (A).
    ``(b) Approval.--Not later than 6 months after a community water 
system submits a plan under this section, the Administrator shall 
approve the plan or notify the community water system in writing of 
revisions the Administrator determines necessary to approve the plan.
    ``(c) Implementation.--
            ``(1) In general.--Not later than 10 years after a plan 
        under this section of a community water system is approved by 
        the Administrator, the community water system shall submit to 
        the Administrator a certification that all the lead service 
        lines of the community water system have been fully replaced 
        pursuant to such plan except for any lead service line that--
                    ``(A) is not owned by the community water system; 
                and
                    ``(B) with respect to which the owner has declined 
                replacement by the community water system at the 
                system's expense.
            ``(2) Payment.--The community water system--
                    ``(A) shall pay the full costs of all lead service 
                line replacements and filters required pursuant to the 
                system's plan under subsection (a); and
                    ``(B) may incorporate into its rate base the costs 
                of replacement and filters not fully covered by grants 
                and other Federal and non-Federal assistance.
    ``(d) Extension.--
            ``(1) Application.--A community water system may submit an 
        application to the Administrator for an extension of the 10-
        year deadline applicable under subsection (c).
            ``(2) Approval.--The Administrator shall approve an 
        application for an extension under paragraph (1) only if--
                    ``(A) the community water system submitting the 
                application has held a public hearing and solicited 
                public comment prior to submitting the application;
                    ``(B) the Administrator determines that lead 
                service line replacement by the community water system 
                is not feasible by the 10-year deadline applicable 
                under subsection (c); and
                    ``(C) the community water system submitting the 
                application has more than 100,000 known or suspected 
                lead service lines.
            ``(3) Period of extension.--The Administrator may only 
        grant an extension under this subsection for the minimum period 
        of time necessary for the applicable community water system to 
        replace all of the lead service lines of the community water 
        system.
    ``(e) Enforcement Authority.--The Administrator may take action to 
enforce a requirement of this section pursuant to section 1414(a)(2) 
with respect to a community water system in a State regardless of 
whether the State has primary enforcement responsibility for public 
water systems.
    ``(f) Definition.--In this section, the term `lead service line' 
has the meaning given such term in section 1459B(a).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2022 and 2023.''.
    (b) Enforcement.--Section 1414(i)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g-3(i)(1)) is amended by striking ``or 1445'' and 
inserting ``1445, or 1459E''.

SEC. 3. STATE REVOLVING LOAN FUNDS.

    (a) Use of Funds.--Paragraph (2) of 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:
                    ``(H) Replacement of lead service lines.--Financial 
                assistance under this section may also be used for 
                replacement of lead service lines in accordance with 
                section 1459E, with priority given to loans and loan 
                guarantees for disadvantaged communities (as defined in 
                subsection (d)(3)).''.
    (b) Authorization of Appropriations.--Section 1452(m) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(m)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) $6,600,000,000 for each of fiscal years 2022 
                through 2031.''; and
            (2) by adding at the end the following:
            ``(3) Of the amount authorized by paragraph (1)(D) to be 
        appropriated for each of fiscal years 2022 through 2031, 
        $4,650,000,000 shall be for replacement of lead service lines 
        as described in subsection (a)(2)(H).''.
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