Title: Drinking Water System Improvement Act of 2017
Policy area: Environmental Protection

Summary:
Drinking Water System Improvement Act of 2017
This bill amends the Safe Drinking Water Act to address the infrastructure of public water systems and compliance by the systems with drinking water regulations.
Community water systems must include in their consumer confidence reports information about: (1) corrosion control efforts, (2) any exceedances of the lead action level for which corrective action has been required, and (3) violations that occurred. The Environmental Protection Agency (EPA) must revise regulations for consumer confidence reports as outlined by the bill.
The EPA must develop a strategic plan for improving the accuracy and availability of compliance monitoring data.
Within five years and every five years thereafter, the EPA must review, and if appropriate, update educational materials concerning best practices for asset management strategies that may be used by public water systems.
The bill: (1) reauthorizes through FY2022 the public water system supervision grant program and the source water petition program, and (2) reauthorizes through FY2022 and revises the drinking water state revolving fund.
The EPA must review and report to the public on existing and potential methods, means, equipment, and technologies for the treatment and distribution of drinking water.
The EPA must also establish a grant program for the replacement of drinking water fountains that contain lead in schools and day care facilities.
This bill amends the Emergency Planning and Community Right-To-Know Act of 1986 to ensure that states and community water systems are notified of a release of a contaminant into their source waters.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3387

 To amend the Safe Drinking Water Act to improve public water systems 
     and enhance compliance with such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2017

  Mr. Harper introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Safe Drinking Water Act to improve public water systems 
     and enhance compliance with such Act, 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 ``Drinking Water System Improvement 
Act of 2017''.

SEC. 2. IMPROVED CONSUMER CONFIDENCE REPORTS.

    Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended--
            (1) in the heading for subparagraph (A), by striking 
        ``Annual report'' and inserting ``Report'';
            (2) in subparagraph (A), by inserting ``, or provide by 
        electronic means,'' after ``to mail'';
            (3) in subparagraph (B)--
                    (A) in clause (iv), by striking ``the 
                Administrator, and'' and inserting ``the Administrator, 
                including corrosion control efforts, and''; and
                    (B) by adding at the end the following clause:
                            ``(vii) Identification of, if any--
                                    ``(I) exceedances described in 
                                paragraph (1)(D) for which corrective 
                                action has been required by the 
                                Administrator or the State (in the case 
                                of a State exercising primary 
                                enforcement responsibility for public 
                                water systems) during the monitoring 
                                period covered by the consumer 
                                confidence report; and
                                    ``(II) violations that occurred 
                                during the monitoring period covered by 
                                the consumer confidence report.''; and
            (4) by adding at the end the following new subparagraph:
                    ``(F) Revisions.--
                            ``(i) Understandability and frequency.--Not 
                        later than 24 months after the Drinking Water 
                        System Improvement Act of 2017, the 
                        Administrator, in consultation with the parties 
                        identified in subparagraph (A), shall issue 
                        revisions to the regulations issued under 
                        subparagraph (A)--
                                    ``(I) to increase--
                                            ``(aa) the readability, 
                                        clarity, and understandability 
                                        of the information presented in 
                                        consumer confidence reports; 
                                        and
                                            ``(bb) the accuracy of 
                                        information presented, and risk 
                                        communication, in consumer 
                                        confidence reports; and
                                    ``(II) with respect to community 
                                water systems that serve 10,000 or more 
                                persons, to require each such community 
                                water system to provide, by mail, 
                                electronic means, or other methods 
                                described in clause (ii), a consumer 
                                confidence report to each customer of 
                                the system at least biannually.
                            ``(ii) Electronic delivery.--Any revision 
                        of regulations pursuant to clause (i) shall 
                        allow delivery of consumer confidence reports 
                        by methods consistent with methods described in 
                        the memorandum `Safe Drinking Water Act--
                        Consumer Confidence Report Rule Delivery 
                        Options' issued by the Environmental Protection 
                        Agency on January 3, 2013.''.

SEC. 3. CONTRACTUAL AGREEMENTS.

    (a) In General.--Section 1414(h)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g-3(h)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) entering into a contractual agreement for 
                significant management or administrative functions of 
                the system to correct violations identified in the 
                plan.''.
    (b) Technical Amendment.--Section 1414(i)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300g-3(i)(1)) is amended by inserting a comma 
after ``1417''.

SEC. 4. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING 
              DATA.

    Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is 
amended by adding at the end the following new subsection:
    ``(j) Improved Accuracy and Availability of Compliance Monitoring 
Data.--
            ``(1) Strategic plan.--Not later than 1 year after the date 
        of enactment of this subsection, the Administrator, in 
        coordination with States, public water systems, and other 
        interested stakeholders, shall develop and provide to Congress 
        a strategic plan for improving the accuracy and availability of 
        monitoring data collected to demonstrate compliance with 
        national primary drinking water regulations and submitted--
                    ``(A) by public water systems to States; or
                    ``(B) by States to the Administrator.
            ``(2) Evaluation.--In developing the strategic plan under 
        paragraph (1), the Administrator shall evaluate any challenges 
        faced--
                    ``(A) in ensuring the accuracy and integrity of 
                submitted data described in paragraph (1);
                    ``(B) by States and public water systems in 
                implementing an electronic system for submitting such 
                data, including the technical and economic feasibility 
                of implementing such a system; and
                    ``(C) by users of such electronic systems in being 
                able to access such data.
            ``(3) Findings and recommendations.--The Administrator 
        shall include in the strategic plan provided to Congress under 
        paragraph (1)--
                    ``(A) a summary of the findings of the evaluation 
                under paragraph (2); and
                    ``(B) recommendations on practicable, cost-
                effective methods and means that can be employed to 
                improve the accuracy and availability of submitted data 
                described in paragraph (1).
            ``(4) Consultation.--In developing the strategic plan under 
        paragraph (1), the Administrator may, as appropriate, consult 
        with States or other Federal agencies that have experience 
        using practicable methods and means to improve the accuracy and 
        availability of submitted data described in such paragraph.''.

SEC. 5. ASSET MANAGEMENT.

    Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g-9) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) a description of how the State will, as 
                appropriate--
                            ``(i) encourage development by public water 
                        systems of asset management plans that include 
                        best practices for asset management; and
                            ``(ii) assist, including through the 
                        provision of technical assistance, public water 
                        systems in training operators or other relevant 
                        and appropriate persons in implementing such 
                        asset management plans.'';
            (2) in subsection (c)(3), by inserting ``, including 
        efforts of the State to encourage development by public water 
        systems of asset management plans and to assist public water 
        systems in training relevant and appropriate persons in 
        implementing such asset management plans'' after ``public water 
        systems in the State''; and
            (3) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(5) Information on asset management practices.--Not later 
        than 5 years after the date of enactment of this paragraph, and 
        not less often than every 5 years thereafter, the Administrator 
        shall review and, if appropriate, update educational materials, 
        including handbooks, training materials, and technical 
        information, made available by the Administrator to owners, 
        managers, and operators of public water systems, local 
        officials, technical assistance providers (including non-profit 
        water associations), and State personnel concerning best 
        practices for asset management strategies that may be used by 
        public water systems.''.

SEC. 6. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS.

    Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``$100,000,000 for each of fiscal years 
1997 through 2003'' and inserting ``$150,000,000 for each of fiscal 
years 2018 through 2022''.

SEC. 7. STATE REVOLVING LOAN FUNDS.

    (a) 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 associated preconstruction 
activities, including activities relating to the siting of the 
facility, but not'' and inserting ``(including expenditures for 
planning, design, siting, and associated preconstruction activities, or 
for replacing or rehabilitating aging treatment, storage, or 
distribution facilities of public water systems, but not''.
    (b) American Iron and Steel Products.--Section 1452(a)(4)(A) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by 
striking ``fiscal year 2017'' and inserting ``fiscal years 2018 through 
2022''.
    (c) Evaluation.--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:
            ``(5) Evaluation.--During fiscal years 2018 through 2022, a 
        State may provide financial assistance under this section to a 
        public water system serving a population of more than 10,000 
        for an expenditure described in paragraph (2) only if the 
        public water system--
                    ``(A) considers the cost and effectiveness of 
                relevant processes, materials, techniques, and 
                technologies for carrying out the project or activity 
                that is the subject of the expenditure; and
                    ``(B) certifies to the State, in a form and manner 
                determined by the State, that the public water system 
                has made such consideration.''.
    (d) Prevailing Wages.--Section 1452(a) of the Safe Drinking Water 
Act (42 U.S.C. 300j-12(a)) is further amended by adding at the end the 
following:
            ``(6) Prevailing wages.--The requirements of section 
        1450(e) shall apply to any construction project carried out in 
        whole or in part with assistance made available by a drinking 
        water treatment revolving loan fund.''.
    (e) Assistance for Disadvantaged Communities.--Section 1452(d)(2) 
of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) is amended to 
read as follows:
            ``(2) Total amount of subsidies.--For each fiscal year, of 
        the amount of the capitalization grant received by the State 
        for the year, the total amount of loan subsidies made by a 
        State pursuant to paragraph (1)--
                    ``(A) may not exceed 35 percent; and
                    ``(B) to the extent that there are sufficient 
                applications for loans to communities described in 
                paragraph (1), may not be less than 6 percent.''.
    (f) Types of Assistance.--Section 1452(f)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) each loan will be fully amortized not later 
                than 30 years after the completion of the project, 
                except that in the case of a disadvantaged community 
                (as defined in subsection (d)(3)) a State may provide 
                an extended term for a loan, if the extended term--
                            ``(i) terminates not later than the date 
                        that is 40 years after the date of project 
                        completion; and
                            ``(ii) does not exceed the expected design 
                        life of the project;''; and
            (3) in subparagraph (B), by striking ``1 year after 
        completion of the project for which the loan was made'' and all 
        that follows through ``design life of the project;'' and 
        inserting ``18 months after completion of the project for which 
        the loan was made;''.
    (g) Needs Survey.--Section 1452(h) of the Safe Drinking Water Act 
(42 U.S.C. 300j-12(h)) is amended--
            (1) by striking ``The Administrator'' and inserting ``(1) 
        The Administrator''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any assessment conducted under paragraph (1) after the date 
of enactment of the Drinking Water System Improvement Act of 2017 shall 
include an assessment of costs to replace all lead service lines (as 
defined in section 1459B(a)(4)) of all eligible public water systems in 
the United States, and such assessment shall describe separately the 
costs associated with replacing the portions of such lead service lines 
that are owned by an eligible public water system and the costs 
associated with replacing any remaining portions of such lead service 
lines, to the extent practicable.''.
    (h) Other Authorized Activities.--Section 1452(k)(1)(C) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking 
``for fiscal years 1996 and 1997 to delineate and assess source water 
protection areas in accordance with section 1453'' and inserting ``to 
delineate, assess, and update assessments for source water protection 
areas in accordance with section 1453''.
    (i) Authorization for Capitalization Grants to States for State 
Drinking Water Treatment Revolving Loan Funds.--Section 1452(m) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(m)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(1) There are authorized to be appropriated to carry out 
        the purposes of this section--
                    ``(A) $1,200,000,000 for fiscal year 2018;
                    ``(B) $1,400,000,000 for fiscal year 2019;
                    ``(C) $1,600,000,000 for fiscal year 2020;
                    ``(D) $1,800,000,000 for fiscal year 2021; and
                    ``(E) $2,000,000,000 for fiscal year 2022.'';
            (2) by striking ``To the extent amounts authorized to be'' 
        and inserting the following:
            ``(2) To the extent amounts authorized to be''; and
            (3) by striking ``(prior to the fiscal year 2004)''.
    (j) Best Practices for Administration of State Revolving Loan 
Funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
is amended by adding after subsection (r) the following:
    ``(s) Best Practices for State Loan Fund Administration.--The 
Administrator shall--
            ``(1) collect information from States on administration of 
        State loan funds established pursuant to subsection (a)(1), 
        including--
                    ``(A) efforts to streamline the process for 
                applying for assistance through such State loan funds;
                    ``(B) programs in place to assist with the 
                completion of applications for assistance through such 
                State loan funds;
                    ``(C) incentives provided to public water systems 
                that partner with small public water systems to assist 
                with the application process for assistance through 
                such State loan funds;
                    ``(D) practices to ensure that amounts in such 
                State loan funds are used to provide loans, loan 
                guarantees, or other authorized assistance in a timely 
                fashion;
                    ``(E) practices that support effective management 
                of such State loan funds;
                    ``(F) practices and tools to enhance financial 
                management of such State loan funds; and
                    ``(G) key financial measures for use in evaluating 
                State loan fund operations, including--
                            ``(i) measures of lending capacity, such as 
                        current assets and current liabilities or 
                        undisbursed loan assistance liability; and
                            ``(ii) measures of growth or 
                        sustainability, such as return on net interest;
            ``(2) not later than 3 years after the date of enactment of 
        the Drinking Water System Improvement Act of 2017, disseminate 
        to the States best practices for administration of such State 
        loan funds, based on the information collected pursuant to this 
        subsection; and
            ``(3) periodically update such best practices, as 
        appropriate.''.

SEC. 8. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS.

    Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
14(e)) is amended by striking ``1997 through 2003'' and inserting 
``2018 through 2022''.

SEC. 9. REVIEW OF TECHNOLOGIES.

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

``SEC. 1459C. REVIEW OF TECHNOLOGIES.

    ``(a) Review.--The Administrator, after consultation with 
appropriate departments and agencies of the Federal Government and with 
State and local governments, shall review (or enter into contracts or 
cooperative agreements to provide for a review of) existing and 
potential methods, means, equipment, and technologies (including review 
of cost, availability, and efficacy of such methods, means, equipment, 
and technologies) that--
            ``(1) ensure the physical integrity of community water 
        systems;
            ``(2) prevent, detect, and respond to any contaminant for 
        which a national primary drinking water regulation has been 
        promulgated in community water systems and source water for 
        community water systems;
            ``(3) allow for use of alternate drinking water supplies 
        from non-traditional sources; and
            ``(4) facilitate source water assessment and protection.
    ``(b) Inclusions.--The review under subsection (a) shall include 
review of methods, means, equipment, and technologies--
            ``(1) that are used for corrosion protection, metering, 
        leak detection, or protection against water loss;
            ``(2) that are intelligent systems, including hardware, 
        software, or other technology, used to assist in protection and 
        detection described in paragraph (1);
            ``(3) that are point of use devices or point of entry 
        devices;
            ``(4) that are physical or electronic systems that monitor, 
        or assist in monitoring, contaminants in drinking water in 
        real-time; and
            ``(5) that allow for the use of non-traditional sources for 
        drinking water, including physical separation and chemical and 
        biological transformation technologies.
    ``(c) Availability.--The Administrator shall make the results of 
the review under subsection (a) available to the public.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for fiscal year 2018, which shall remain available until expended.''.

SEC. 10. 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 adding at the end the following:

``SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall establish a grant 
program to provide assistance 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 replacement 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 Administrator.
    ``(c) Priority.--In awarding funds under the grant program, the 
Administrator shall give priority to local educational agencies based 
on economic need.
    ``(d) 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 2018 through 2022.''.
    (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.

SEC. 11. SOURCE WATER.

    (a) Addressing Source Water Used for Drinking Water.--Section 304 
of the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11004) is amended--
            (1) in subsection (b)(1), by striking ``State emergency 
        planning commission'' and inserting ``State emergency response 
        commission''; and
            (2) by adding at the end the following new subsection:
    ``(e) Addressing Source Water Used for Drinking Water.--
            ``(1) Applicable state agency notification.--A State 
        emergency response commission shall--
                    ``(A) promptly notify the applicable State agency 
                of any release that requires notice under subsection 
                (a);
                    ``(B) provide to the applicable State agency the 
                information identified in subsection (b)(2); and
                    ``(C) provide to the applicable State agency a 
                written followup emergency notice in accordance with 
                subsection (c).
            ``(2) Community water system notification.--
                    ``(A) In general.--An applicable State agency 
                receiving notice of a release under paragraph (1) 
                shall--
                            ``(i) promptly forward such notice to any 
                        community water system the source waters of 
                        which are affected by the release;
                            ``(ii) forward to the community water 
                        system the information provided under paragraph 
                        (1)(B); and
                            ``(iii) forward to the community water 
                        system the written followup emergency notice 
                        provided under paragraph (1)(C).
                    ``(B) Direct notification.--In the case of a State 
                that does not have an applicable State agency, the 
                State emergency response commission shall provide the 
                notices and information described in paragraph (1) 
                directly to any community water system the source 
                waters of which are affected by a release that requires 
                notice under subsection (a).
            ``(3) Definitions.--In this subsection:
                    ``(A) Community water system.--The term `community 
                water system' has the meaning given such term in 
                section 1401(15) of the Safe Drinking Water Act.
                    ``(B) Applicable state agency.--The term 
                `applicable State agency' means the State agency that 
                has primary responsibility to enforce the requirements 
                of the Safe Drinking Water Act in the State.''.
    (b) Availability to Community Water Systems.--Section 312(e) of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11022(e)) is amended--
            (1) by striking ``State emergency planning commission'' and 
        inserting ``State emergency response commission''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Availability to community water systems.--
                    ``(A) In general.--An affected community water 
                system may have access to tier II information by 
                submitting a request to the State emergency response 
                commission or the local emergency planning committee. 
                Upon receipt of a request for tier II information, the 
                State commission or local committee shall, pursuant to 
                paragraph (1), request the facility owner or operator 
                for the tier II information and make available such 
                information to the affected community water system.
                    ``(B) Definition.--In this paragraph, the term 
                `affected community water system' means a community 
                water system (as defined in section 1401(15) of the 
                Safe Drinking Water Act) that receives supplies of 
                drinking water from a source water area, delineated 
                under section 1453 of the Safe Drinking Water Act, in 
                which a facility that is required to prepare and submit 
                an inventory form under subsection (a)(1) is 
                located.''.

SEC. 12. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS.

    (a) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
containing the results of a study, to be conducted in consultation with 
the Administrator of the Environmental Protection Agency, any State 
agency that has primary responsibility to enforce the requirements of 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) in a State, and 
public water systems, to identify demonstrations of compliance with a 
State or local environmental law that may be substantially equivalent 
to any demonstration required by the Administrator for compliance with 
a Federal cross-cutting requirement.
    (b) Definitions.--In this subsection:
            (1) Federal cross-cutting requirement.--The term ``Federal 
        cross-cutting requirement'' means a requirement of a Federal 
        law or regulation, compliance with which is a condition on 
        receipt of a loan or loan guarantee pursuant to section 1452 of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12), that, if 
        applied with respect to projects and activities for which a 
        public water system receives such a loan or loan guarantee, 
        would be substantially equivalent to a requirement of an 
        applicable State or local law.
            (2) Public water system.--The term ``public water system'' 
        has the meaning given that term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
                                 <all>