[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3300 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3300
To amend the Safe Drinking Water Act with respect to replacement of
lead service lines, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2021
Mr. Smith of New Jersey (for himself and Mr. Cuellar) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act with respect to replacement of
lead service lines, 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 ``Get the Lead Out Act''.
SEC. 2. PLANS FOR REPLACEMENT OF LEAD SERVICE LINES.
(a) In General.--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. REPLACEMENT OF LEAD SERVICE LINES.
``(a) Plans.--
``(1) Submission.--
``(A) Systems serving 3,300 or more.--
``(i) In general.--Subject to clause (ii),
each community water system serving a
population of 3,300 or more shall--
``(I) not later than 1 year after
the date of enactment of this section,
submit to the Administrator a plan to
inventory and fully replace all of the
lead service lines of the community
water system, including the portions of
such lead service lines that are owned
by the community water system and any
remaining portions of such lead service
lines; and
``(II) not later than 3 years after
the date of enactment of this section,
complete such inventory.
``(ii) Exception.--The plan of a community
water system under clause (i) shall not allow
the partial replacement of the lead service
lines of the system, except in the case of an
emergency, in which case the community water
system shall ensure prompt full replacement of
the lead service lines of the system not more
than 90 days after the end of the emergency.
``(iii) Procedures.--Not later than 1 year
after the date of enactment of this section,
the Administrator shall establish procedures to
ensure that inventories conducted pursuant to a
plan under clause (i) are rigorous and
complete.
``(B) Small systems.--Each community water system
serving fewer than 3,300 persons shall--
``(i) by such deadline as the Administrator
determines appropriate, but not later than 5
years after the date of enactment of this
section, submit to the Administrator a plan to
inventory and fully replace all the lead
service lines of the community water system, as
described in subparagraph (A)(i) and subject to
subparagraph (A)(ii); and
``(ii) not later than 5 years after the
date of enactment of this section, complete
such inventory.
``(2) Inclusions.--Each plan submitted under this
subsection shall include a plan and schedule for--
``(A) notifying persons served by the applicable
community water system that the community water system
will install interim filters that meet the criteria
under paragraph (3) on all primary drinking water taps
served by the community water system with lead service
lines;
``(B) installing such interim filters and providing
replacement filter cartridges in accordance with
manufacturer instructions for so long as such interim
filters are in use;
``(C) not later than 10 years after such plan is
approved under subsection (b), fully replacing all of
the lead service lines of the community water system;
and
``(D) including local community-based or other
local organizations, as deemed appropriate by the
community water system, in training the public in the
proper use and maintenance of the interim filters.
``(3) Filter criteria.--Interim filters, and any
replacement thereof, installed pursuant to a plan under this
section--
``(A) shall--
``(i) be certified for lead reduction in
compliance with NSF International/American
National Standards Institute (`ANSI') Standard
53-2017, `Drinking Water Treatment Units--
Health Effects', published by NSF
International; and
``(ii) incorporate an integral performance
indication device as specified in section 6.1
of NSF/ANSI standard 53-2017; or
``(B) shall be certified as compliant with any
standards for lead reduction adopted by NSF
International, ANSI, or the Agency that are more
stringent than the standards under subparagraph (A).
``(b) Approval.--Not later than 6 months after a community water
system submits a plan under this section, the Administrator shall
approve the plan or notify the community water system in writing of
revisions the Administrator determines necessary to approve the plan.
``(c) Implementation.--
``(1) In general.--Not later than 10 years after a plan
under this section of a community water system is approved by
the Administrator, the community water system shall submit to
the Administrator a certification that all the lead service
lines of the community water system have been fully replaced
pursuant to such plan except for any lead service line that--
``(A) is not owned by the community water system;
and
``(B) with respect to which the owner has declined
replacement by the community water system at the
system's expense.
``(2) Payment.--The community water system--
``(A) shall pay the full costs of all lead service
line replacements and filters required pursuant to the
system's plan under subsection (a); and
``(B) may incorporate into its rate base the costs
of replacement and filters not fully covered by grants
and other Federal and non-Federal assistance.
``(d) Extension.--
``(1) Application.--A community water system may submit an
application to the Administrator for an extension of the 10-
year deadline applicable under subsection (c).
``(2) Approval.--The Administrator shall approve an
application for an extension under paragraph (1) only if--
``(A) the community water system submitting the
application has held a public hearing and solicited
public comment prior to submitting the application;
``(B) the Administrator determines that lead
service line replacement by the community water system
is not feasible by the 10-year deadline applicable
under subsection (c); and
``(C) the community water system submitting the
application has more than 100,000 known or suspected
lead service lines.
``(3) Period of extension.--The Administrator may only
grant an extension under this subsection for the minimum period
of time necessary for the applicable community water system to
replace all of the lead service lines of the community water
system.
``(e) Enforcement Authority.--The Administrator may take action to
enforce a requirement of this section pursuant to section 1414(a)(2)
with respect to a community water system in a State regardless of
whether the State has primary enforcement responsibility for public
water systems.
``(f) Definition.--In this section, the term `lead service line'
has the meaning given such term in section 1459B(a).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 and 2023.''.
(b) Enforcement.--Section 1414(i)(1) of the Safe Drinking Water Act
(42 U.S.C. 300g-3(i)(1)) is amended by striking ``or 1445'' and
inserting ``1445, or 1459E''.
SEC. 3. STATE REVOLVING LOAN FUNDS.
(a) Use of Funds.--Paragraph (2) of 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:
``(H) Replacement of lead service lines.--Financial
assistance under this section may also be used for
replacement of lead service lines in accordance with
section 1459E, with priority given to loans and loan
guarantees for disadvantaged communities (as defined in
subsection (d)(3)).''.
(b) Authorization of Appropriations.--Section 1452(m) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(m)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) $6,600,000,000 for each of fiscal years 2022
through 2031.''; and
(2) by adding at the end the following:
``(3) Of the amount authorized by paragraph (1)(D) to be
appropriated for each of fiscal years 2022 through 2031,
$4,650,000,000 shall be for replacement of lead service lines
as described in subsection (a)(2)(H).''.
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