Title: Lead-Free Drinking Water for All Act of 2021
Policy area: Environmental Protection

Summary:
Lead-Free Drinking Water for All Act of 2021
This bill reauthorizes through FY2031 and revises the Environmental Protection Agency's grant program for reducing lead in drinking water, including by establishing a deadline for grant recipients to fully replace lead service lines.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2272 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2272

   To amend the Safe Drinking Water Act to increase funding for lead 
              reduction projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2021

 Mr. Padilla (for himself, Ms. Stabenow, Mr. Durbin, Mr. Booker, Mrs. 
  Feinstein, Mrs. Gillibrand, Ms. Warren, Mr. Wyden, and Mr. Markey) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Safe Drinking Water Act to increase funding for lead 
              reduction projects, 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 ``Lead-Free Drinking Water for All Act 
of 2021''.

SEC. 2. REDUCING LEAD IN DRINKING WATER.

    Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking subparagraph (D) 
                and inserting the following:
                    ``(D) a qualified nonprofit organization with 
                experience in lead reduction, as determined by the 
                Administrator; and'';
                    (B) in paragraph (2)(A)--
                            (i) in clause (i), by striking ``publicly 
                        owned''; and
                            (ii) by striking clause (iii) and inserting 
                        the following:
                            ``(iii) providing assistance to eligible 
                        entities to inventory and replace lead service 
                        lines, with priority for disadvantaged 
                        communities based on the affordability criteria 
                        established by the applicable State under 
                        section 1452(d)(3), low-income homeowners, and 
                        landlords or property owners providing housing 
                        to low-income renters.''; and
                    (C) in paragraph (3), by striking ``an individual 
                provided'';
            (2) in subsection (b)--
                    (A) in paragraph (5)--
                            (i) in subparagraph (A), by striking ``to 
                        provide assistance'' and all that follows 
                        through the period at the end and inserting 
                        ``to inventory and replace lead service lines, 
                        with first priority given to assisting 
                        disadvantaged communities based on the 
                        affordability criteria established by the 
                        applicable State under section 1452(d)(3), low-
                        income homeowners, and landlords or property 
                        owners providing housing to low-income 
                        renters.''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``to a low-income 
                                homeowner'';
                                    (II) by striking ``privately owned 
                                portion of the''; and
                                    (III) by striking ``line'' and 
                                inserting ``lines'';
                    (B) in paragraph (6)--
                            (i) in subparagraph (A), by striking ``any 
                        publicly owned portion of''; and
                            (ii) by striking subparagraphs (B) through 
                        (E) and inserting the following:
                    ``(B) shall offer to replace the full lead service 
                line at no cost to the property owner; and
                    ``(C) shall notify relevant State and local 
                authorities of any planned replacement of lead service 
                lines under this subsection and coordinate, where 
                practicable, with other relevant infrastructure 
                projects.'';
                    (C) by adding at the end the following:
            ``(7) Prevailing wages.--In carrying out lead service line 
        replacement using amounts made available under this section, 
        section 1452(a)(5) shall apply.
            ``(8) Timely completion of projects.--
                    ``(A) In general.--An eligible entity that receives 
                assistance under this section shall ensure that all 
                lead service lines being serviced by the eligible 
                entity are fully replaced not later than the date that 
                is 10 years after the date on which the eligible entity 
                first receives funding for a lead reduction project for 
                which assistance is provided under this section after 
                the date of enactment of this paragraph.
                    ``(B) Plan required.--An eligible entity that 
                receives assistance under this section shall submit to 
                the Administrator a plan that describes how the 
                eligible entity intends to meet the requirement under 
                subparagraph (A).'';
            (3) in subsection (d)--
                    (A) by inserting ``(except for subsection (e))'' 
                after ``this section''; and
                    (B) by striking ``$60,000,000 for each of fiscal 
                years 2017 through 2021'' and inserting 
                ``$4,500,000,000 for each of fiscal years 2022 through 
                2031'';
            (4) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively; and
            (5) by inserting after subsection (c) the following:
    ``(d) Delegation to and Coordination With States.--
            ``(1) In general.--The Administrator--
                    ``(A) shall, in carrying out this section, 
                coordinate with each State that has established a State 
                drinking water treatment revolving loan fund under 
                section 1452; and
                    ``(B) may delegate the implementation of this 
                section to any State described in subparagraph (A).
            ``(2) Allotment of funds to delegated states.--
                    ``(A) In general.--If the Administrator delegates 
                implementation of this section to a State under 
                paragraph (1)(B), the Administrator shall, for each 
                fiscal year, allot to the State an amount equal to the 
                product obtained by multiplying--
                            ``(i) the total amount made available to 
                        carry out this section (except for subsection 
                        (e)) for the fiscal year; by
                            ``(ii)(I) for fiscal years 2022 and 2023, 
                        the proportion that--
                                    ``(aa) the amount allotted to the 
                                State under section 1452(a)(1)(D) for 
                                the fiscal year; bears to
                                    ``(bb) the amount allotted to all 
                                States under section 1452(a)(1)(D) for 
                                the fiscal year; and
                            ``(II) for each of fiscal years 2024 
                        through 2031, the proportion that--
                                    ``(aa) the need for lead service 
                                line replacement within the State, as 
                                documented in the most recent needs 
                                assessment under section 1452(h)(2); 
                                bears to
                                    ``(bb) the need for lead service 
                                line replacement within all States, as 
                                documented in the most recent needs 
                                assessment under section 1452(h)(2).
                    ``(B) Use of funds.--
                            ``(i) In general.--Amounts allotted to a 
                        State under subparagraph (A) shall be used by 
                        the State only to make grants for inventorying 
                        or replacing lead service lines in accordance 
                        with this section.
                            ``(ii) Limitation.--Of the amounts allotted 
                        to a State under subparagraph (A), not more 
                        than 4 percent may be used to pay the 
                        administrative costs of the State.
                            ``(iii) No state contribution.--
                        Notwithstanding any other provision of law, 
                        including section 1452(e), no State 
                        contribution requirement may be imposed on 
                        amounts allotted to a State under subparagraph 
                        (A).
    ``(e) Lead Inventorying Utilization Grant Pilot Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a municipality that is served by a community 
                water system or a nontransient noncommunity water 
                system in which not less than 30 percent of the service 
                lines are known, or suspected, to contain lead, based 
                on available data, information, or resources, including 
                existing lead inventorying.
                    ``(B) Pilot program.--The term `pilot program' 
                means the pilot program established under paragraph 
                (2).
            ``(2) Establishment.--The Administrator shall establish a 
        pilot program under which the Administrator shall provide 
        grants to eligible entities to carry out lead reduction 
        projects that are demonstrated to exist or are suspected to 
        exist, based on available data, information, or resources, 
        including existing lead inventorying of those eligible 
        entities.
            ``(3) Selection.--
                    ``(A) Application.--To be eligible to receive a 
                grant under the pilot program, an eligible entity shall 
                submit to the Administrator an application at such 
                time, in such manner, and containing such information 
                as the Administrator may require.
                    ``(B) Prioritization.--In selecting recipients 
                under the pilot program, the Administrator shall give 
                priority to--
                            ``(i) an eligible entity that meets the 
                        affordability criteria of the applicable State 
                        established under section 1452(d)(3); and
                            ``(ii) an eligible entity that is located 
                        in an area other than a State that has 
                        established affordability criteria under 
                        section 1452(d)(3).
            ``(4) Report.--Not later 2 years after the Administrator 
        first awards a grant under the pilot program, the Administrator 
        shall submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Energy and Commerce of the 
        House of Representatives a report describing--
                    ``(A) the recipients of grants under the pilot 
                program;
                    ``(B) the existing lead inventorying that was 
                available to recipients of grants under the pilot 
                program; and
                    ``(C) how useful and accurate the lead inventorying 
                described in subparagraph (B) was in locating lead 
                service lines of the eligible entity.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the pilot program $10,000,000, 
        to remain available until expended.''.
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