[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4081 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4081
To amend the Consolidated Farm and Rural Development Act to establish a
grant program to assist with the purchase, installation, and
maintenance of point-of-entry and point-of-use drinking water quality
improvement products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2022
Ms. Baldwin introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Consolidated Farm and Rural Development Act to establish a
grant program to assist with the purchase, installation, and
maintenance of point-of-entry and point-of-use drinking water quality
improvement products, 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 ``Healthy Drinking Water Affordability
Act'' or the ``Healthy H2O Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) clean and safe drinking water is necessary to ensure
public health and a vibrant economy;
(2) communities that are dependent on private groundwater
supplies to meet domestic drinking water needs, as well as
those that continue to experience drinking water infrastructure
challenges from public water supplies, including with
infrastructure into and within households and living
facilities, are disproportionately impacted by drinking water
quality issues;
(3) in many instances, those communities and their
households have been adversely impacted by the presence of 1 or
more naturally occurring and human-caused contaminants found in
drinking water, such as lead, arsenic, nitrate, nitrite, and
volatile organic compounds, as well as federally unregulated
contaminants, including perfluoroalkyl and polyfluoroalkyl
substances and hexavalent chromium (chrome-6), in local
groundwater or other drinking water supplies;
(4) public health organizations and institutions, such as
the Centers for Disease Control and Prevention, have cited
giardia, enterovirus, radon, rotovirus, norovirus, shigella,
campylobacter, salmonella, hepatitis A, cryptosporidium, and e.
coli as among the major diseases and contaminants that can be
present in drinking water sources;
(5) investments in projects to improve and support drinking
water infrastructure are critically important to addressing
water quality in the United States, but because those projects
can typically take many years to complete, the current, and in
some cases the ongoing, needs of communities impacted with
immediate drinking water quality challenges cannot be or are
not addressed in a timely manner;
(6) as an interim measure (and in some cases in rural
areas, for longer term or permanently), point-of-entry and
point-of-use water quality improvement products are viable
solutions to address drinking water contamination challenges
for the people of the United States; and
(7) grants provided under this Act are intended to provide
financial assistance for eligible grant recipients (as defined
in section 306F(a) of the Consolidated Farm and Rural
Development Act (as added by section 3)) that voluntarily seek
to improve the quality of the drinking water of eligible end
users (as defined in that section), and not to demonstrate that
an eligible end user is in compliance with a Federal, State, or
local primary drinking water standard or regulation.
SEC. 3. HEALTHY DRINKING WATER AFFORDABILITY ASSISTANCE PROGRAM.
Subtitle A of the Consolidated Farm and Rural Development Act is
amended by inserting after section 306E (7 U.S.C. 1926e) the following:
``SEC. 306F. HEALTHY DRINKING WATER AFFORDABILITY ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Approved installation.--The term `approved
installation' means the installation of an eligible drinking
water quality improvement product or a certified filter
component by a qualified third-party installer that--
``(A) complies with all local and State
regulations; and
``(B) follows the installation instructions of the
manufacturer.
``(2) Approved maintenance.--The term `approved
maintenance' means required maintenance--
``(A) performed on an eligible drinking water
quality improvement product that includes maintenance
and replacement of the certified filter component;
``(B) performed by a service technician who--
``(i) is--
``(I) professionally qualified,
certified, or licensed as a water
treatment product maintenance
professional, including a professional
credentialed through a manufacturer or
third party;
``(II) operating under the
supervision of a service technician
described in subclause (I);
``(III) a licensed plumber or a
plumber operating under the supervision
of a licensed plumbing contractor; or
``(IV) an individual who holds a
license or certification related to
water treatment technologies issued by
a State; and
``(ii) regularly completes continuing
education on water treatment technology and
other subjects that enhance the services
provided under this section;
``(C) that complies with all local and State
regulations; and
``(D) that follows the maintenance instructions of
the manufacturer.
``(3) Certified filter component.--The term `certified
filter component' means a replaceable or replacement filter
component--
``(A) for which approved maintenance can be
performed; and
``(B) that is certified by a third-party certifier
as compliant with--
``(i)(I) NSF/ANSI Standard 53, `Drinking
Water Treatment Units--Health Effects';
``(II) NSF/ANSI Standard 58, `Reverse
Osmosis Drinking Water Treatment Systems'; or
``(III) another successor or relevant ANSI
standard for drinking water treatment units or
systems that addresses health contaminant
reduction, as determined by the Secretary; or
``(ii) a standard that is similar to a
standard described in clause (i) or more
protective of human health than that standard,
as determined by the Secretary.
``(4) Eligible drinking water quality improvement
product.--The term `eligible drinking water quality improvement
product' means a point-of-use or point-of-entry system--
``(A) incorporating a certified filter component;
and
``(B) that is certified by a third-party certifier
to meet standards recognized by the American National
Standards Institute--
``(i) for material safety and performance;
and
``(ii) to improve drinking water quality.
``(5) Eligible end user.--The term `eligible end user'
means a person that is--
``(A)(i) a homeowner;
``(ii) an individual lessee or renter of a home,
apartment, or other dwelling;
``(iii) a property owner of a multi-unit
residential building with 25 or fewer owned, leased, or
rented dwelling units;
``(iv) a licensed child-care facility; or
``(v) an owned, leased, or rented facility; and
``(B) supported by a finding of need through--
``(i) a qualified water quality test
demonstrating the presence of 1 or more health
contaminants; or
``(ii) other documentation determined to be
satisfactory by the Secretary demonstrating the
presence of 1 or more health contaminants.
``(6) Eligible grant recipient.--The term `eligible grant
recipient' means--
``(A) an eligible end user; and
``(B) a nonprofit organization or government entity
that uses a grant provided under this section for the
purposes described in subsection (c)(2).
``(7) Health contaminant.--The term `health contaminant'
means--
``(A) a health contaminant found in drinking water,
including lead, arsenic, nitrate, nitrite,
perfluoroalkyl and polyfluoroalkyl substances,
hexavalent chromium (chrome-6), and volatile organic
compounds; and
``(B) any other contaminant with the potential to
be detrimental to human health, as determined by the
Secretary following the opportunity for public comment.
``(8) Improve drinking water quality.--The term `improve
drinking water quality' means to improve the quality of the
water supplied between its source and human consumption by
significantly reducing or removing 1 or more health
contaminants.
``(9) Qualified third-party installer.--The term `qualified
third-party installer' means a person who--
``(A) is--
``(i) a professionally qualified,
certified, or licensed water treatment product
installation professional, including such a
professional credentialed through a
manufacturer or third party;
``(ii) a licensed plumber or individual who
holds a license or certification related to
water treatment technologies issued by a State;
or
``(iii) a company or plumbing contractor
employing individuals described in clause (i)
or (ii); and
``(B) regularly completes, or requires applicable
employees to complete, continuing education on water
treatment technology and other subjects that enhance
the services provided under this section.
``(10) Qualified water quality test.--The term `qualified
water quality test' means a baseline analysis of the bacterial
and chemical characteristics of concern from a drinking water
sample collected at the point of consumption and tested by a
laboratory certified to conduct water quality testing--
``(A) that is provided to--
``(i) the Secretary; and
``(ii) as applicable--
``(I) a person seeking a grant
under this section;
``(II) an eligible end user
receiving a grant under this section;
or
``(III) an eligible grant recipient
receiving a grant under this section
and any eligible end users served by
the eligible grant recipient; and
``(B) that includes information that provides--
``(i) guidance on test interpretation,
including whether the bacteria or chemical
characteristic of concern meets or exceeds a
prescribed health-based contaminant level; and
``(ii) sources and citations that eligible
grant recipients, independent third-party
organizations and institutions, and government
agencies may review and consult--
``(I) to determine available
eligible drinking water quality
improvement products for addressing
detected contaminants; and
``(II) to evaluate efficacy across
eligible drinking water quality
improvement products.
``(11) Third-party certifier.--The term `third-party
certifier' means an independent certification body accredited
by the American National Standards Institute, such as the Water
Quality Association, NSF International, and the International
Association of Plumbing and Mechanical Officials.
``(b) Establishment of Program.--Not later than 120 days after the
date of enactment of this section, the Secretary shall promulgate
regulations to establish, and shall carry out, a clean drinking water
program, to be known as the `Healthy Drinking Water Affordability
Assistance Program' or the `Healthy H2O Program', to provide grants to
eligible grant recipients to improve drinking water quality of eligible
end users.
``(c) Eligible Uses of Grants.--
``(1) In general.--A grant under this section shall be
used, as directed by the Secretary, for--
``(A) the purchase of an eligible drinking water
quality improvement product or a replacement certified
filter component;
``(B) the approved installation by a qualified
third-party installer of an eligible drinking water
quality improvement product;
``(C) the purchase and approved installation by a
qualified third-party installer of a replacement
certified filter component;
``(D) the approved maintenance of an eligible
drinking water quality improvement product; or
``(E) qualified water quality tests to support
products and services described in subparagraphs (A)
through (D).
``(2) Nonprofit organizations and government entities.--A
nonprofit organization or government entity that receives a
grant under this section shall use the grant, in a manner
consistent with the uses described in paragraph (1) and as
directed by the Secretary--
``(A) to offer qualified water quality tests for
eligible end users on a voluntary basis;
``(B) to facilitate the analysis of qualified water
quality test results for eligible end users;
``(C) to assist an eligible end user in determining
the response options available and supporting the
selection by the eligible end user of a response that
best fits the needs of the eligible end user, informed
by--
``(i) a qualified water quality test; and
``(ii) an understanding of the relevant
plumbing systems and environmental factors that
will impact point-of-use or point-of-entry
water safety;
``(D) to coordinate or facilitate the approved
installation by a qualified third-party installer of
the eligible drinking water quality improvement product
selected by an eligible end user;
``(E) to optimize the rate at which eligible
drinking water quality improvement products are
operating as intended for public health outcomes by
reducing the burden and cost of ongoing testing and
system maintenance; and
``(F) to accelerate the deployment and ongoing
utilization of technological innovation that--
``(i) improves drinking water quality;
``(ii) improves health outcomes;
``(iii) reduces purchase and maintenance
costs of treatment solutions;
``(iv) increases public awareness of water
quality issues and treatment options; and
``(v) contributes to continuous improvement
in the provision of solutions to improve
drinking water quality by the public and
private sectors.
``(d) Amount of Grant Limitation.--The amount of a grant under this
section shall not exceed the reasonable costs, as determined by the
Secretary, of the purposes described in subsection (c) for which the
grant is provided.
``(e) Grant Administrator.--The Secretary shall appoint an officer
or employee of the Department of Agriculture to administer and manage
grants provided under this section.
``(f) Grant Allocation.--In providing grants under this section to
eligible grant recipients, the Secretary shall allocate funds and make
grants available in a manner that--
``(1) responds to a range of water quality challenges;
``(2) improves local and regional capacity to respond to
contamination; and
``(3) ensures reasonable access to funds for--
``(A) eligible end users seeking a grant under this
section; and
``(B) nonprofit organizations and government
entities seeking a grant under this section.
``(g) Reports.--Not later than 1 year after the date of enactment
of this section, and not less frequently than annually thereafter, the
Secretary shall submit to Congress, and make publicly available, a
report--
``(1) identifying ongoing barriers to universal safe
drinking water prior to and after filtration or other
treatment;
``(2) analyzing conditions impacting eligible grant
recipients, including--
``(A) sources of contamination or degradation of
water resources, especially groundwater resources or
upstream resources that recharge stores of drinking
water;
``(B) trends in bioaccumulation and attenuation of
contaminants and nutrients; and
``(C) impacts of infrastructure materials, crop and
land management practices, waste management, and other
factors that impact drinking water quantity and
quality;
``(3) providing a comprehensive analysis of--
``(A) technologies available to and purchased by
eligible grant recipients; and
``(B) the emerging safe drinking water needs of
rural and other homeowners, renters, residential multi-
unit property owners, licensed child-care facilities,
and other groups, as determined by the Secretary;
``(4) that includes information describing--
``(A) the types of treatment systems and filter
components used under the program established under
this section;
``(B) the number of qualified water quality tests
conducted under the program established under this
section;
``(C) emerging and changing trends relating to
steps taken to ensure safe drinking water in
communities and households; and
``(D) trends relating to the availability and use
of eligible drinking water quality improvement
products, including--
``(i) affordability at purchase and through
the lifecycle of the products;
``(ii) consistency of operation as intended
by the manufacturer and installer, including
effectiveness across systems and technologies
at achieving stated health protections; and
``(iii) lifecycle product performance,
energy use, and environmental impact;
``(5) providing recommendations regarding the best methods
to increase access to--
``(A) grants under this section; and
``(B) the products and services described in
subsection (c);
``(6) that incorporates input from relevant--
``(A) nongovernmental organizations; and
``(B) certification institutions that oversee the
criteria for products and training of installation and
maintenance professionals; and
``(7) the purposes of which are--
``(A) to improve data on health contaminants in
drinking water;
``(B) to provide educational resources on water
testing and water quality improvement products and
services to eligible grant recipients with drinking
water contamination issues; and
``(C) to collect information that improves
understanding of water testing and water quality
improvement products and services, including their
associated health and economic benefits.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section for each of fiscal years 2023 through 2027.''.
<all>