II 117th CONGRESS 2d Session S. 3893 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Wyden (for himself, Mr. Heinrich , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To collect information regarding water access needs across the United States, to provide grants for decentralized drinking water systems, and for other purposes.

1. Short title This Act may be cited as the Water, Sanitation, and Hygiene Sector Development Act of 2022 or the WASH Sector Development Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Indian Tribe The term Indian Tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (3) State The term State means— (A) each of the 50 States; (B) the District of Columbia; and (C) any territory of the United States. (4) Tribal government The term Tribal government means the recognized governing body of an Indian Tribe. 3. Water and Sanitation Needs Working Group (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a working group, to be known as the Water and Sanitation Needs Working Group (referred to in this section as the Working Group )— (1) to work with a Federal agency or independently to carry out a survey that will measure, as accurately as possible, the number and approximate geographic distribution of households in the United States that do not have access to drinking water infrastructure or a means for the safe collection and disposal of wastewater; and (2) on the basis of the results of the survey carried out under paragraph (1), to prepare a report for Congress that estimates the cost of capital improvements that would be needed to ensure that all households in the United States have access to reliable drinking water and adequate sanitation, subject to the conditions that— (A) to the extent practicable, the cost estimate prepared under this paragraph shall take into consideration the cost of project proposals that may be submitted by individuals, the research community, nonprofit organizations with experience in the water and sanitation sectors, and Federal, State, local, or Tribal government agencies consistent with guidance provided by the Working Group; and (B) the Working Group will not be required to collect or report personally identifiable information, but can maintain information with respect to drinking water and sanitation needs based on ZIP Code or another appropriate geographic breakdown. (b) Chairperson; membership (1) Chairperson The Administrator shall serve as the chairperson of the Working Group. (2) Membership In addition to the Administrator, the Working Group shall comprise senior representatives from such Federal agencies as the Administrator determines to be appropriate, including— (A) the Department of the Interior, including the Bureau of Indian Affairs; (B) the Department of Agriculture; (C) the Census Bureau; (D) the Department of Health and Human Services, including the Indian Health Service; and (E) the Department of Housing and Urban Development. (c) Duties The Working Group shall— (1) leverage the expertise of industry, the research community, nongovernmental organizations, and utilities, including through the incorporation of information that could be collected by utilities, circuit riders, and technical assistance providers; (2) consult, on a regular basis, with States, units of local government, Indian tribes, and relevant Federal agencies not included in the membership of the Working Group; and (3) in carrying out subsection (a)— (A) seek to determine whether the decennial census or another existing survey of the Federal Government presents an efficient opportunity for collecting the information described in paragraph (1) of that subsection; (B) seek to coordinate Federal programs and policies to support the collection and use of the information described in that subsection; (C) develop a methodology for creating the cost estimate required under paragraph (2) of that subsection; and (D) oversee the collection of— (i) the information described in paragraph (1) of that subsection; and (ii) the information necessary to create the cost estimate required under paragraph (2) of that subsection. (d) Report on water and sanitation needs Not less frequently than once every 2 years, the Administrator shall submit to Congress a report that describes the activities and findings of the Working Group, including— (1) an explanation of the methodology used by the Working Group to determine drinking water and sanitation needs; (2) an estimate of the amount of funds necessary to provide all households with access to reliable drinking water and adequate sanitation; and (3) a breakdown by State and, if possible, congressional district of— (A) drinking water and sanitation needs; and (B) the amount of funding required to address those needs. (e) Authorization of appropriations There are authorized to be appropriated to the Administrator and other necessary Federal agencies to collect the information and prepare the reports required under this section— (1) for each of fiscal years 2023 through 2027, $10,000,000; and (2) for fiscal year 2028 and each fiscal year thereafter, such sums as may be necessary. 4. Grants for construction and refurbishment of individual household or community decentralized drinking water systems for individuals with low or moderate income Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j et seq. ) is amended by adding at the end the following: 1459H. Grants for construction and refurbishment of individual household or community decentralized drinking water systems for individuals with low or moderate income (a) Definitions In this section: (1) Eligible individual The term eligible individual means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 80 percent of the median nonmetropolitan household income for the State, Indian land, or territory in which the household is located, according to the most recent information collected by the Census Bureau. (2) Indian land The term Indian land includes— (A) Indian country (as defined in section 1151 of title 18, United States Code); (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) that is associated with an Indian tribe; (C) any land on which the seat of a Tribal government (as defined in section 2 of the WASH Sector Development Act of 2022 ) is located; and (D) any land that is part of a Tribal designated statistical area associated with an Indian tribe, or an Alaska Native village statistical area associated with an Indian tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (b) Grant program (1) In general Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals— (A) for the construction, repair, or replacement of an individual household decentralized drinking water system; (B) for the installation of a larger decentralized drinking water system that is designed to provide treatment or drinking water for 2 or more households in which eligible individuals reside, if— (i) site conditions at the households are unsuitable for the installation of an individually owned decentralized drinking water system; (ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and (iii) a larger decentralized drinking water system could be cost-effectively installed; or (C) for the creation and support of an on-site maintenance entity or user association with the ability to collect fees to provide for the ongoing operation, maintenance, and replacement of an installed decentralized drinking water system. (2) Application To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. (3) Priority In awarding grants under this subsection, the Administrator shall give priority to applicants that— (A) have demonstrated expertise in working with local communities to implement infrastructure projects, such as experience promoting the safe and effective use of household decentralized drinking water systems; (B) propose to serve individuals or communities lacking— (i) a safe drinking water system; and (ii) a feasible connection to a reliable public water system; and (C) demonstrate that the decentralized drinking water infrastructure to be constructed, repaired, or replaced using amounts from a grant under this subsection will be operated, maintained, and replaced by the individuals or communities that will use the infrastructure, which may be demonstrated through— (i) a study demonstrating the ability of the individual or community to pay for that operation, maintenance, and replacement; or (ii) the creation of an on-site maintenance entity or user association with the ability to collect fees to provide for ongoing operation, maintenance, and replacement. (4) Administrative expenses A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate. (c) Grants (1) In general Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection. (2) Application To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual or community household decentralized drinking water system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate. (3) Priority In awarding grants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have— (A) access to a drinking water system; and (B) a feasible connection to a reliable public water system. (d) Report Not later than 2 years after the date of enactment of this section, 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 the recipients of grants under the program under this section and the results of the program under this section. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2023 through 2027. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. (3) Indian land Of the amounts made available under paragraph (1), the Administrator shall use not less than 5 percent to make grants to private nonprofit organizations that serve eligible individuals that reside on Indian land. .