Title: National Opportunity for Lead Exposure Accountability and Deterrence Act of 2017
Policy area: Environmental Protection

Summary:
National Opportunity for Lead Exposure Accountability and Deterrence Act of 2017 [sic]
This bill requires the Environmental Protection Agency (EPA) to revise the national primary drinking water regulations for lead and copper. The rule must direct
The EPA must also revise the rule to lower the allowable level of lead that may be contained in drinking water.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3677 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3677

To amend the Safe Drinking Water Act to improve transparency under the 
 national primary drinking water regulations for lead and copper, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2019

  Mr. Kildee 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 transparency under the 
 national primary drinking water regulations for lead and copper, 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 ``National Opportunity for Lead 
Exposure Accountability and Deterrence Act of 2017''.

SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND 
              COPPER.

    The Safe Drinking Water Act is amended by inserting after section 
1417 of such Act (42 U.S.C. 300g-6) the following:

``SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND 
              COPPER.

    ``(a) Lead and Copper Rule.--
            ``(1) In general.--The national primary drinking water 
        regulations for lead and copper (in this section referred to as 
        the `lead and copper rule') shall include each of the 
        requirements described in this section.
            ``(2) Revision.--The Administrator shall revise the lead 
        and copper rule in accordance with this section--
                    ``(A) not later than 9 months after the date of 
                enactment of the National Opportunity for Lead Exposure 
                Accountability and Deterrence Act of 2017; and
                    ``(B) thereafter, in accordance with section 
                1412(b).
    ``(b) Sampling.--
            ``(1) Applicability.--This subsection applies with respect 
        to sampling by a public water system of lead or copper in 
        drinking water, irrespective of whether such sampling--
                    ``(A) is required by the lead and copper rule; or
                    ``(B) is voluntary sampling initiated by customers 
                of the public water system.
            ``(2) Reporting.--Subject to paragraph (3), not less than 
        once every 3 months, a public water system shall report the 
        results of sampling to the Administrator or the State 
        exercising primary enforcement responsibility, as applicable, 
        and shall include in such reporting--
                    ``(A) the number of residential and nonresidential 
                facilities at which the sampling was conducted;
                    ``(B) subject to paragraph (4), the address of such 
                residential and nonresidential facilities;
                    ``(C) previous samples taken at such residential 
                and nonresidential facilities and the results of those 
                samples;
                    ``(D) where such information exists, the material 
                composition of the service lines at such residential 
                and nonresidential facilities;
                    ``(E) the dates on which the respective sampling 
                occurred;
                    ``(F) the highest and median lead and copper levels 
                detected;
                    ``(G) the 90th percentile lead and copper levels 
                (as such percentile is calculated under section 141.80 
                of title 40, Code of Federal Regulations, and any 
                successor regulations) detected;
                    ``(H) the number and value of all samples pursuant 
                to sampling described in subparagraph (A) or (B) of 
                paragraph (1) above the lead or copper action levels;
                    ``(I) the disinfectants and corrosion inhibitors 
                being used and the target doses at the water treatment 
                plant;
                    ``(J) any changes since the previous report under 
                this section in the type, method, or quantity of 
                treatments being used in the water sampled;
                    ``(K) the history of violations, and fines 
                received, by the system;
                    ``(L) the number of samples invalidated and the 
                reason for their invalidation; and
                    ``(M) if sampling is conducted at residential 
                facilities other than those with lead service lines, an 
                explanation of why such sampling was conducted.
            ``(3) Public availability of reports.--A public water 
        system shall make publicly available any report that is 
        required by this section or by the lead and copper rule.
            ``(4) Privacy.--A public water system shall--
                    ``(A) give the owner of each residential and 
                nonresidential facility at which sampling data is 
                collected, at the written request of such owner, the 
                option be identified only by block number and street 
                name, unless the facility includes a child care center; 
                and
                    ``(B) keep each such request on file.
            ``(5) Sampling protocol; instructions.--The Administrator 
        shall--
                    ``(A) develop a protocol for sampling for 
                compliance with the lead and copper rule;
                    ``(B) in such protocol--
                            ``(i) prohibit the use of techniques that 
                        minimize the detection of lead or copper in 
                        drinking water;
                            ``(ii) require sampling under this section 
                        to occur not less than once per year;
                            ``(iii) include criteria for site selection 
                        that prioritize testing at high-risk buildings 
                        (as defined in subsection (g));
                            ``(iv) require sampling in all schools and 
                        child care centers served by the public water 
                        system at all designated drinking water taps, 
                        to be designated by the respective schools and 
                        child care centers; and
                            ``(v) require the sampling methodology to 
                        be scientifically based; and
                    ``(C) develop instructions for compliance with such 
                protocol for dissemination to public water systems and 
                customers thereof.
    ``(c) Action Level Exceeded.--
            ``(1) Investigations.--The Administrator (or the State 
        exercising primary enforcement responsibility) shall require 
        on-site investigations to identify the source of lead in all 
        residential or nonresidential facilities with individual 
        samples with a lead or copper concentration above the action 
        level, which investigations shall--
                    ``(A) subject to paragraph (3), be completed by the 
                public water system or local health department within 
                10 business days of the sample result; and
                    ``(B) include additional samples at additional 
                locations outside of the facility sampled to identify 
                the potential scope of elevated lead or copper levels.
            ``(2) Notification.--Whenever a public water system detects 
        a lead or copper concentration level above the action level, 
        the system shall, within 2 calendar days of detecting such an 
        exceedance that is specific to one or more facilities, notify 
        the persons at such facilities.
            ``(3) No response from owner of facility.--The requirement 
        of paragraph (1)(A) to complete an investigation concerning a 
        facility is deemed to be satisfied if--
                    ``(A) within the period of 10 business days 
                described in such paragraph, the public water system or 
                local health department makes at least 3 attempts to 
                contact the owners of the facility, including--
                            ``(i) at least once in person;
                            ``(ii) at least once by letter or email; 
                        and
                            ``(iii) at least once in person or by phone 
                        call, letter, or email;
                    ``(B) the public water system or local health 
                department maintains documentation of such attempts; 
                and
                    ``(C) such owners fail to respond.
    ``(d) Public Education.--The lead and copper rule shall require 
testing results--
            ``(1) to be in a standardized format;
            ``(2) to be posted on the website of the Administrator, the 
        State exercising primary enforcement responsibility, and the 
        public water system; and
            ``(3) to include--
                    ``(A) the provisions of consumer confidence reports 
                under section 1414(c)(4) relating to lead and copper;
                    ``(B) reports under subsection (b)(2) on the 
                results of sampling;
                    ``(C) educational materials on lead service line 
                replacement and financial assistance, including forms 
                for applying for such financial assistance; and
                    ``(D) instructions on how a consumer can request a 
                water test.
    ``(e) Service Line Inventory.--A public water system shall--
            ``(1) develop, maintain, and beginning not later than 3 
        years after the date of enactment of the National Opportunity 
        for Lead Exposure Accountability and Deterrence Act of 2017 
        make publicly available an inventory of the material 
        composition of the service lines at all residential and 
        nonresidential facilities, including--
                    ``(A) online maps showing the locations of lead 
                service lines; and
                    ``(B) where information is available, a history of 
                services performed on such lines, including partial 
                line replacement;
            ``(2)(A) give the owner of each residential and 
        nonresidential facility at which sampling data is collected, at 
        the written request of such owner, the option be identified 
        only by block number and street name, unless the facility 
        includes a child care center; and
            ``(B) keep each such request on file; and
            ``(3) in developing such inventory, take measures to 
        minimize any disturbance to service lines that might release 
        contaminants.
    ``(f) Service Line Ownership.--A public water system shall collect, 
maintain, and beginning not later than 3 years after the date of 
enactment of the National Opportunity for Lead Exposure Accountability 
and Deterrence Act of 2017 make publicly available all legal documents 
establishing the ownership of service lines at residential and 
nonresidential facilities.
    ``(g) Definitions.--In this section:
            ``(1) The term `high-risk buildings' means--
                    ``(A) residential and nonresidential facilities 
                with lead service lines--
                            ``(i) that have galvanized pipes;
                            ``(ii) that have low water use; or
                            ``(iii) whose lead service lines are among 
                        the longest served by the public water system; 
                        and
                    ``(B) residential facilities at which one or more 
                pregnant women or children reside or where in-home 
                childcare occurs.
            ``(2) The term `lead service line' means a pipe and its 
        fittings, which are not lead free (as defined under section 
        1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6)), that 
        connect the drinking water main to the building inlet.
            ``(3) The term `publicly available' means that a report 
        is--
                    ``(A) written in plain language that is culturally 
                and linguistically appropriate; and
                    ``(B)(i) published on a publicly accessible website 
                of the public water system; or
                    ``(ii) with respect to any person who is served by 
                the system and gives notice to the system of not having 
                access to a publicly available website, distributed by 
                carrier route.''.

SEC. 3. TO LOWER THE ACTION LEVEL FOR LEAD IN DRINKING WATER.

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following new paragraph:
            ``(16) Lead in drinking water.--The Administrator shall 
        revise the national primary drinking water regulation for lead 
        to ensure that--
                    ``(A) not later than December 31, 2020, the action 
                level for lead in drinking water is not more than 10 
                parts per billion; and
                    ``(B) not later than December 31, 2026, the action 
                level for lead in drinking water is not more than 5 
                parts per billion.''.
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