[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2687 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2687
To amend the Safe Drinking Water Act and the Federal Water Pollution
Control Act to establish pilot programs to assist low-income households
in maintaining access to sanitation services and drinking water, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2019
Mr. Cardin (for himself and Mr. Wicker) 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 and the Federal Water Pollution
Control Act to establish pilot programs to assist low-income households
in maintaining access to sanitation services and drinking water, 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 ``Low-Income Water Customer Assistance
Programs Act of 2019''.
SEC. 2. LOW-INCOME DRINKING WATER ASSISTANCE PILOT PROGRAM.
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. LOW-INCOME DRINKING WATER ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
municipality or public entity that owns or operates a community
water system.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Low-income household.--The term `low-income
household' means a household--
``(A) in which one or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
``(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level; and
``(ii) an amount equal to 60 percent of the
State median income for that State.
``(4) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
``(5) Small community-serving eligible entity.--The term
`small community-serving eligible entity' means an eligible
entity that provides drinking water services to a city, county,
or municipality with a population of fewer than 10,000
residents, at least 20 percent of whom are at or below the
Federal poverty level.
``(6) State median income.--The term `State median income'
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
pilot program to award grants to not fewer than 32 eligible
entities in accordance with paragraph (2) to develop and
implement programs to assist low-income households in
maintaining access to affordable drinking water.
``(2) Requirements.--
``(A) In general.--The Administrator shall award
grants under the pilot program described in paragraph
(1) to--
``(i) not fewer than 8 eligible entities
that provide drinking water services to a
population of 1,000,000 or more residents;
``(ii) not fewer than 8 eligible entities
that provide drinking water services to a
population of 100,000 or more, but fewer than
1,000,000, residents;
``(iii) not fewer than 8 eligible entities
that provide drinking water services to a
population of 10,000 or more, but fewer than
100,000, residents;
``(iv) subject, as applicable, to
subparagraph (B), not fewer than 8 eligible
entities that provide drinking water services
to a population of fewer than 10,000 residents;
and
``(v) not more than 2 eligible entities in
each State.
``(B) Small community-serving eligible entities.--
To be eligible to receive a grant under the pilot
program under this subsection, a small community-
serving eligible entity shall enter into a memorandum
of understanding with the State in which the small
community-serving eligible entity is located, under
which the State shall--
``(i) submit to the Administrator an
application under paragraph (6) on behalf of
the small community-serving eligible entity;
and
``(ii) on receipt of a grant under the
pilot program, administer the low-income
household assistance program developed by the
small community-serving eligible entity.
``(3) Limitations.--
``(A) Use.--A grant awarded under the pilot
program--
``(i) shall not be used to replace funds
for any existing similar program; but
``(ii) may be used to supplement or enhance
an existing program.
``(B) Grants under multiple programs.--An eligible
entity--
``(i) may apply for a grant under the pilot
program and under the low-income wastewater
assistance pilot program established under
section 124(b)(1) of the Federal Water
Pollution Control Act; but
``(ii) may be awarded a grant under only 1
of the programs described in clause (i).
``(4) Term.--The term of a grant awarded under the pilot
program shall be 5 years.
``(5) Minimum program requirements.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall develop, in consultation with all relevant
stakeholders, the minimum requirements for a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection.
``(B) Inclusions.--The program requirements
developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
or
``(vi) water efficiency assistance,
including direct installation of water
efficient fixtures and leak repair, which may
be completed through a contracted third party.
``(C) Assistance exempt from taxation.--
Notwithstanding any other provision of law, assistance
provided to a low-income household under a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection shall be exempt
from income tax under the Internal Revenue Code of
1986.
``(6) Application.--To receive a grant under this
subsection, an eligible entity (or a State, on behalf of a
small community-serving eligible entity) shall submit to the
Administrator an application that demonstrates that--
``(A) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, meets the requirements developed under
paragraph (5)(A);
``(B) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, will treat owners and renters equitably;
``(C) the eligible entity or small community-
serving eligible entity, as applicable, has, to fund
the activities necessary to achieve or maintain
compliance with this Act--
``(i) a long-term financial plan based on a
rate analysis;
``(ii) an asset management plan;
``(iii) a capital improvement plan with a
period of not less than 20 years;
``(iv) a fiscal management plan; or
``(v) another plan similar to the plans
described in clauses (i) through (iv);
``(D) a grant awarded under this subsection would
support the efforts of the eligible entity or the small
community-serving entity, as applicable, to generate
the necessary funds to achieve or maintain compliance
with this title while mitigating the cost to low-income
households; and
``(E) the eligible entity or the small community-
serving entity, as applicable, has the capacity to
create and implement an effective community outreach
plan to inform eligible customers of the program and
assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to eligible entities or
small community-serving eligible entities, as applicable--
``(A) that--
``(i) in addition to owning or operating
community water systems, own or operate one or
more--
``(I) publicly owned treatment
works (as defined in section 212 of the
Federal Water Pollution Control Act (33
U.S.C. 1292));
``(II) municipal wastewater
treatment systems; or
``(III) municipal separate
stormwater sewer systems; and
``(ii) are subject to consent decrees
relating to compliance with the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
for a facility described in clause (i);
``(B) the residential customers of which have
experienced rate or fee increases for wastewater,
stormwater, or drinking water services that is greater
than or equal to 30 percent during the 3-year period
ending on the date of enactment of this section; or
``(C) that--
``(i) develop an equivalent program, as
determined by the Administrator, that is
administered separately by the eligible entity
or small community-serving eligible entity, as
applicable; or
``(ii) provide matching funds equal to or
greater than the amount of the grant from--
``(I) the applicable State or unit
of local government; or
``(II) a State-sponsored nonprofit
organization or private entity.
``(8) Lower income limit.--For purposes of this section, an
eligible entity (or a State, on behalf of a small community-
serving eligible entity) may adopt an income limit that is
lower than the limit described in subsection (a)(3)(B), except
that the eligible entity or State, respectively, may not
exclude a household from eligibility in a fiscal year based
solely on household income if that income is less than 110
percent of the poverty level.
``(9) Reporting requirements.--
``(A) In general.--In addition to any other
applicable Federal or agency-specific grant reporting
requirements, as a condition of receiving a grant under
this subsection, an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the
Administrator, the low-income household assistance
program developed by the eligible entity or small
community-serving eligible entity, as applicable, using
the grant, including--
``(i) key features, including rate
structures, rebates, discounts, and related
initiatives that assist households, including--
``(I) budget billing;
``(II) bill timing; and
``(III) pretermination protections;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by eligible
households;
``(v) the monetary benefit per participant;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for residential customers, based on data from
before and after the implementation of the
pilot program, to the maximum extent
practicable;
``(viii) the outreach and stakeholder
process used by the eligible entity or small
community-serving eligible entity, as
applicable, to design the program, including--
``(I) the selection process for any
stakeholder committee members; and
``(II) the number and location of
community outreach events;
``(ix) the methods used to enroll
customers, including the outreach plan and the
status of implementation of that outreach plan;
and
``(x) other relevant information required
by the Administrator.
``(B) Publication.--The Administrator shall publish
each report submitted under subparagraph (A).
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of a small community-serving eligible entity, that receives a grant
under this section to ensure--
``(1) full implementation of the pilot program; and
``(2) maximum enrollment of low-income households,
including through--
``(A) community outreach campaigns;
``(B) coordination with local health departments to
determine the eligibility of households for assistance;
or
``(C) a combination of the campaigns and
coordination described in subparagraphs (A) and (B).
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of a small community-serving eligible entity) under this section, and
every year thereafter for the duration of the terms of the grants, the
Administrator shall submit to Congress a report on the results of the
pilot program established under this section.''.
SEC. 3. LOW-INCOME WASTEWATER ASSISTANCE PILOT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality or public entity that owns or
operates--
``(i) a publicly owned treatment works;
``(ii) a municipal wastewater treatment
system; or
``(iii) a municipal separate stormwater
sewer system; and
``(B) 2 or more municipalities or public entities
described in subparagraph (A) that have entered into a
partnership agreement or a cooperative agreement.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Low-income household.--The term `low-income
household' means a household--
``(A) in which one or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
``(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level; and
``(ii) an amount equal to 60 percent of the
State median income for that State.
``(4) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
``(5) Small community-serving eligible entity.--The term
`small community-serving eligible entity' means an eligible
entity that provides wastewater or municipal stormwater
services to a city, county, or municipality with a population
of fewer than 10,000 residents, at least 20 percent of whom are
at or below the Federal poverty level.
``(6) State median income.--The term `State median income'
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
pilot program to award grants to not fewer than 32 eligible
entities in accordance with paragraph (2) to develop and
implement programs to assist low-income households in
maintaining access to affordable wastewater or municipal
stormwater services.
``(2) Requirements.--
``(A) In general.--The Administrator shall award
grants under the pilot program described in paragraph
(1) to--
``(i) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 1,000,000
or more residents;
``(ii) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 100,000 or
more, but fewer than 1,000,000, residents;
``(iii) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 10,000 or
more, but fewer than 100,000, residents;
``(iv) subject, as applicable, to
subparagraph (B), not fewer than 8 eligible
entities that provide wastewater services,
stormwater services, or both to a population of
fewer than 10,000 residents; and
``(v) not more than 2 eligible entities in
each State.
``(B) Small community-serving eligible entities.--
To be eligible to receive a grant under the pilot
program under this subsection, a small community-
serving eligible entity shall enter into a memorandum
of understanding with the State in which the small
community-serving eligible entity is located, under
which the State shall--
``(i) submit to the Administrator an
application under paragraph (6) on behalf of
the small community-serving eligible entity;
and
``(ii) on receipt of a grant under the
pilot program, administer the low-income
household assistance program developed by the
small community-serving eligible entity.
``(3) Limitations.--
``(A) Use.--A grant awarded under the pilot
program--
``(i) shall not be used to replace funds
for any existing similar program; but
``(ii) may be used to supplement or enhance
an existing program.
``(B) Grants under multiple programs.--An eligible
entity--
``(i) may apply for a grant under the pilot
program and under the low-income drinking water
assistance pilot program established under
section 1459E(b)(1) of the Safe Drinking Water
Act; but
``(ii) may be awarded a grant under only 1
of the programs described in clause (i).
``(4) Term.--The term of a grant awarded under the pilot
program shall be 5 years.
``(5) Minimum program requirements.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall develop, in consultation with all relevant
stakeholders, the minimum requirements for a program to
be carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection.
``(B) Inclusions.--The program requirements
developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
or
``(vi) water efficiency assistance,
including direct installation of water
efficient fixtures and leak repair, which may
be completed through a contracted third party.
``(C) Assistance exempt from taxation.--
Notwithstanding any other provision of law, assistance
provided to a low-income household under a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection shall be exempt
from income tax under the Internal Revenue Code of
1986.
``(6) Application.--To receive a grant under this
subsection, an eligible entity (or a State, on behalf of a
small community-serving eligible entity) shall submit to the
Administrator an application that demonstrates that--
``(A) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, meets the requirements developed under
paragraph (5)(A);
``(B) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, will treat owners and renters equitably;
``(C) the eligible entity or small community-
serving eligible entity, as applicable, has, to fund
the activities necessary to achieve or maintain
compliance with this Act--
``(i) a long-term financial plan based on a
rate analysis;
``(ii) an asset management plan;
``(iii) a capital improvement plan with a
period of not less than 20 years;
``(iv) a fiscal management plan; or
``(v) another plan similar to the plans
described in clauses (i) through (iv);
``(D) a grant awarded under this subsection would
support the efforts of the eligible entity or the small
community-serving entity, as applicable, to generate
the necessary funds to achieve or maintain compliance
with this title while mitigating the cost to low-income
households; and
``(E) the eligible entity or the small community-
serving entity, as applicable, has the capacity to
create and implement an effective community outreach
plan to inform eligible customers of the program and
assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to eligible entities or
small community-serving eligible entities, as applicable--
``(A) that are affected by consent decrees relating
to compliance with this Act;
``(B) the residential customers of the eligible
entity or small community-serving eligible entity, as
applicable, have experienced a rate or fee increase for
wastewater, stormwater, or drinking water services that
is greater than or equal to 30 percent during the 3-
year period ending on the date of enactment of this
section;
``(C) that--
``(i) develop an equivalent program, as
determined by the Administrator, that is
administered separately by the eligible entity
or small community-serving eligible entity, as
applicable; or
``(ii) provide matching funds equal to or
greater than the amount of the grant from--
``(I) the applicable State or unit
of local government; or
``(II) a State-sponsored nonprofit
organization or private entity; or
``(D) that are described in subsection (a)(1)(B).
``(8) Lower income limit.--For purposes of this section, an
eligible entity (or a State, on behalf of a small community-
serving eligible entity) may adopt an income limit that is
lower than the limit described in subsection (a)(3)(B), except
that the eligible entity or State, respectively, may not
exclude a household from eligibility in a fiscal year based
solely on household income if that income is less than 110
percent of the poverty level.
``(9) Reporting requirements.--
``(A) In general.--In addition to any other
applicable Federal or agency-specific grant reporting
requirements, as a condition of receiving a grant under
this subsection, an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the
Administrator, the low-income household assistance
program developed by the eligible entity or small
community-serving eligible entity, as applicable, using
the grant amount, including--
``(i) key features, including rate
structures, rebates, discounts, and related
initiatives that assist households, including--
``(I) budget billing;
``(II) bill timing; and
``(III) pretermination protections;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by eligible
households;
``(v) the monetary benefit per participant;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for residential customers, based on data from
before and after the implementation of the
pilot program, to the maximum extent
practicable;
``(viii) the outreach and stakeholder
process used by the eligible entity or small
community-serving eligible entity, as
applicable, to design the program, including--
``(I) the selection process for any
stakeholder committee members; and
``(II) the number and location of
community outreach events;
``(ix) the methods used to enroll
customers, including the outreach plan and the
status of implementation of that outreach plan;
and
``(x) other relevant information required
by the Administrator.
``(B) Publication.--The Administrator shall publish
each report submitted under subparagraph (A).
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of a small community-serving eligible entity, that receives a grant
under this section to ensure--
``(1) full implementation of the pilot program; and
``(2) maximum enrollment of low-income households,
including through--
``(A) community outreach campaigns;
``(B) coordination with local health departments to
determine the eligibility of households for assistance;
or
``(C) a combination of the campaigns and
coordination described in subparagraphs (A) and (B).
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of a small community-serving eligible entity) under this section, and
every year thereafter for the duration of the terms of the grants, the
Administrator shall submit to Congress a report on the results of the
pilot program established under this section.''.
SEC. 4. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Low-income household.--The term ``low-income
household'' means a household--
(A) in which one or more individuals are
receiving--
(i) assistance under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv) payments under--
(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
(i) an amount equal to 150 percent of the
poverty level; and
(ii) an amount equal to 60 percent of the
State median income for that State.
(3) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
(4) State median income.--The term ``State median income''
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
(b) Study; Report.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall conduct, and
submit to Congress a report describing the results of, a study
regarding the prevalence throughout the United States of low-
income households that do not have access to--
(A) affordable and functional centralized or onsite
wastewater services that protect the health of
individuals in the households;
(B) affordable municipal stormwater services; or
(C) affordable public drinking water services to
meet household needs.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) recommendations of the Administrator regarding
the best methods to increase access to affordable and
functional centralized and onsite wastewater,
stormwater, and drinking water services;
(B) a description of the cost of each method
described in subparagraph (A);
(C) with respect to the development of the report,
a consultation with all relevant stakeholders; and
(D) a description of the results of the study with
respect to low-income renters who do not receive bills
for wastewater, stormwater, and drinking water services
but pay for the services indirectly through rent
payments.
(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
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