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