[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3893 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3893
To collect information regarding water access needs across the United
States, to provide grants for decentralized drinking water systems, and
for other purposes.
_______________________________________________________________________
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.
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 ``Water, Sanitation, and Hygiene
Sector Development Act of 2022'' or the ``WASH Sector Development Act
of 2022''.
SEC. 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.
SEC. 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.
SEC. 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:
``SEC. 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.''.
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