[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 916 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 916
To provide adequate funding for water and sewer infrastructure, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2021
Mr. Sanders introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide adequate funding for water and sewer infrastructure, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Affordability, Transparency, Equity, and Reliability Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Water Affordability, Transparency, Equity, and Reliability.
Sec. 3. Report on affordability, discrimination and civil rights
violations, public participation in
regionalization, and data collection.
Sec. 4. Technical assistance to rural and small municipalities and
Tribal governments.
Sec. 5. Residential onsite sewage disposal system improvement.
Sec. 6. Household water well systems.
Sec. 7. State water pollution control revolving funds.
Sec. 8. Use of State revolving loan funds under the Safe Drinking Water
Act.
Sec. 9. Drinking water grant programs.
Sec. 10. Requirement for the use of American materials in drinking
water infrastructure.
Sec. 11. Labor provisions.
SEC. 2. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY.
(a) Clean Water Programs.--
(1) In general.--At the beginning of each fiscal year, the
Administrator of the Environmental Protection Agency (referred
to in this section as the ``Administrator'') shall obligate,
for the fiscal year--
(A) not more than $174,250,000 for making grants
under section 104(b)(8) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(b)(8));
(B) not more than $522,750,000 for making grants
under section 106 of that Act (33 U.S.C. 1256);
(C) not more than $871,250,000 for making grants
under section 222 of that Act (as added by section 5);
(D) not more than $871,250,000 for making grants
under section 319 of that Act (33 U.S.C. 1329); and
(E) not more than $15,682,500,000 for making
capitalization grants under section 601 of that Act (33
U.S.C. 1381).
(2) Funding.--On October 1 of each fiscal year, out of any
funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Administrator to carry
out this subsection $18,122,000,000, to remain available until
expended.
(3) Availability of funds.--Amounts transferred to the
Administrator under paragraph (2) and obligated by the
Administrator under paragraph (1) shall remain available to the
Administrator, without further appropriation or fiscal year
limitation, for the purposes for which the amounts were
obligated.
(b) Safe Drinking Water Funding.--
(1) In general.--At the beginning of each fiscal year, the
Administrator shall obligate, for the fiscal year--
(A) not more than $174,250,000 for providing
technical assistance under section 1442(e) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(e));
(B) not more than $15,159,750,000 for making
capitalization grants under section 1452 of that Act
(42 U.S.C. 300j-12); and
(C) not more than $1,045,500,000 for making grants
under section 1465 of that Act (42 U.S.C. 300j-25).
(2) Funding.--On October 1 of each fiscal year, out of any
funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Administrator to carry
out this subsection $16,379,500,000, to remain available until
expended.
(3) Availability of funds.--Amounts transferred to the
Administrator under paragraph (2) and obligated by the
Administrator under paragraph (1) shall remain available to the
Administrator, without further appropriation or fiscal year
limitation, for the purposes for which the amounts were
obligated.
(c) Household Water Well Systems.--
(1) In general.--At the beginning of each fiscal year, the
Secretary of Agriculture (referred to in this subsection as the
``Secretary'') shall obligate, for the fiscal year, not more
than $348,500,000 for making grants under section 306E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926e).
(2) Funding.--On October 1 of each fiscal year, out of any
funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary to carry out
this subsection $348,500,000, to remain available until
expended.
(3) Availability of funds.--Amounts transferred to the
Secretary under paragraph (2) and obligated by the Secretary
under paragraph (1) shall remain available to the Secretary,
without further appropriation or fiscal year limitation, for
the purposes for which the amounts were obligated.
SEC. 3. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND
DATA COLLECTION.
(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall conduct a study on water and sewer
services.
(2) Affordability.--In conducting the study under paragraph
(1), the Administrator shall study water affordability
nationwide, including--
(A) rates for water and sewer services, increases
in those rates during the 10-year period ending on the
date on which the Administrator begins to carry out the
study, and water service disconnections due to unpaid
water service charges; and
(B) for promoting affordable, equitable,
transparent, and reliable water and sewer service, the
effectiveness of funding under--
(i) section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12); and
(ii) section 601 of the Federal Water
Pollution Control Act (33 U.S.C. 1381)
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Administrator, in collaboration
with the Civil Rights Division of the Department of Justice,
shall study--
(A) discriminatory practices of water and sewer
service providers; and
(B) violations by water and sewer service providers
that receive Federal assistance of civil rights under
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) with respect to equal access to water
and sewer services.
(4) Public participation in regionalization.--In conducting
the study under paragraph (1), the Administrator shall evaluate
efforts to regionalize public water systems (as defined in
section 1401 of the Safe Water Drinking Act (42 U.S.C. 300f))
and sewer services with respect to public participation in--
(A) the decision to undergo the regionalization;
and
(B) decisionmaking by the board of directors (or
other governing body) of the entity that provides, or
oversees or coordinates the provision of, water by the
public water systems subject to the regionalization.
(5) Data collection.--In conducting the study under
paragraph (1), the Administrator shall collect information,
assess the availability of information, and evaluate the
methodologies used to collect information, related to--
(A) people living without water or sewer services;
(B) water service disconnections due to unpaid
water service charges, including disconnections
experienced by households containing children, elderly
persons, disabled persons, chronically ill persons, or
other vulnerable populations; and
(C) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections and the lack of public water service.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
contains--
(1) the results of the study under subsection (a)(1); and
(2) recommendations for utility companies, Federal
agencies, and States with respect to the results of the study.
SEC. 4. TECHNICAL ASSISTANCE TO RURAL AND SMALL MUNICIPALITIES AND
TRIBAL GOVERNMENTS.
Section 104(u)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1254(u)(7)) is amended by striking ``not to exceed $25,000,000
for each of fiscal years 2019 through 2023'' and inserting
``$175,000,000 for each of fiscal years 2021 through 2025''.
SEC. 5. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEM IMPROVEMENT.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEMS.
``Not later than 1 year after the date of enactment of this
section, the Administrator shall establish a grant program to make
grants to users of a septic tank and drainage field for costs
associated with repairing, replacing, or upgrading the septic tank and
drainage field.''.
SEC. 6. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``$20,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$348,500,000 for each
fiscal year''.
SEC. 7. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (2), by striking ``will be made to the
State with funds to be made available'' and inserting ``were
made to the State with funds made available for fiscal year
2021'';
(2) in paragraph (13)(B)(iii), by striking ``and'' at the
end;
(3) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(15) the State will not provide financial assistance
using amounts from the fund for any project that will provide
substantial direct benefits to new communities, lots, or
subdivisions, other than a project to construct an advanced
decentralized wastewater system; and''.
(b) Projects and Activities Eligible for Assistance.--Section
603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c))
is amended--
(1) in paragraph (11)(B), by striking ``and'' at the end;
(2) in paragraph (12)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) to any municipality or intermunicipal, interstate,
or State agency for--
``(A) purchasing from a willing seller a privately
owned treatment works for the purpose of bringing the
treatment works into public ownership; and
``(B) expenses related to canceling a contract for
the operation or management of a publicly owned
treatment works.''.
(c) Increasing the Amount of Additional Subsidization by the
State.--Section 603(i)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(i)(3)) is amended by striking subparagraph (B) and
inserting the following:
``(B) Additional limitation.--A State may use not
less than 50 percent of the total amount received by
the State in capitalization grants under this title for
a fiscal year for providing additional subsidization
under this subsection.''.
SEC. 8. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER
ACT.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``publicly owned, operated, and managed''
before ``community water systems''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) Acquisition of real property.--The funds
under this section may be used for--
``(i) purchasing from a willing seller a
privately owned community water system for the
purpose of bringing the community water system
into public ownership; or
``(ii) for the expenses related to
canceling a contract for the operation or
management of a community water system.''; and
(B) by adding at the end the following:
``(6) Exception to public ownership, operation, and
management requirement.--Notwithstanding paragraph (2)(A), a
public water system that regularly serves fewer than 10,000
persons, and that is not owned, operated, or managed by any
person who owns, operates, or manages any other public water
system, may receive assistance under this section.'';
(2) in subsection (d), by striking paragraph (2) and
inserting the following:
``(2) Total amount of subsidies.--To the extent that there
are sufficient applications for loans to the communities
described in paragraph (1), of the amount of the capitalization
grant received by a State for a fiscal year, the total amount
of loan subsidies made by the State for the fiscal year
pursuant to paragraph (1) may not be less than 50 percent.'';
(3) in subsection (e), by striking ``to be made to the
State'' and inserting ``that was made to the State in fiscal
year 2021'';
(4) in subsection (g)(3)--
(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 inserting after subparagraph (C) the
following:
``(D) guidance--
``(i) to ensure affordable, equitable,
transparent and reliable water service
provision;
``(ii) to provide protections for
households facing service disconnection due to
unpaid water service charges; and
``(iii) to promote universal equal access
to water services.''; and
(5) in subsection (k)(1), by adding at the end the
following:
``(E) Provide assistance in the form of a grant to
owners of private property on which a lead service line
(as defined in section 1459B(a)) is or may be located,
for the purpose of replacing the lead service line with
a service line that is lead free (as defined in section
1417(d)).
``(F) Provide assistance to a publicly owned,
operated, and managed community water system for the
purpose of updating a treatment plant or switching
water sources due to contamination from per- and
polyfluoroalkyl substances (commonly referred to as
`PFAS') (as defined by the State in which the community
water system is located).
``(G) Provide assistance in the form of a grant to
an owner of a household water well that has been
contaminated by per- and polyfluoroalkyl substances
(commonly referred to as `PFAS') (as defined by the
State in which the household well is located) for the
purpose of purchasing and installing a household
filtration system.''.
SEC. 9. DRINKING WATER GRANT PROGRAMS.
(a) School Drinking Water Improvement.--Section 1465 of the Safe
Drinking Water Act (42 U.S.C. 300j-25) is amended--
(1) in the section heading, by striking ``fountain'' and
inserting ``infrastructure'';
(2) in subsection (a), by striking ``fountains manufactured
prior to 1988'' and inserting ``infrastructure'';
(3) by striking subsection (b) and inserting the following:
``(b) Use of Funds.--Funds awarded under the grant program may be
used to pay costs associated with--
``(1) installing, repairing, or replacing the
infrastructure necessary to ensure that drinking water
fountains, drinking water coolers, and bottle filling stations
at schools are lead free (as defined in section 1417(d)); and
``(2) monitoring and reporting of lead levels in the
drinking water of schools, as determined appropriate by the
Administrator.''; and
(4) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$1,050,000,000''; and
(B) by striking ``fiscal years 2019 through 2021''
and inserting ``fiscal years 2021 through 2024''.
(b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(i)(1)) is amended, in the first sentence--
(1) by striking ``1 1/2'' and inserting ``3''; and
(2) by striking ``may'' and inserting ``shall''.
SEC. 10. REQUIREMENT FOR THE USE OF AMERICAN MATERIALS IN DRINKING
WATER INFRASTRUCTURE.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019
through 2023, funds'' and inserting ``Funds''.
SEC. 11. LABOR PROVISIONS.
(a) Prevailing Rate of Wage.--Nothing in this Act or an amendment
made by this Act affects the applicability of the requirements relating
to labor standards of sections 513 and 602(b)(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1372, 1382(b)(6)) and section 1450(e)
of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) to projects
carried out under those Acts.
(b) Project Labor Agreements.--
(1) Clean water revolving funds.--Section 602(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1382(b)) (as
amended by section 7(a)) is amended by adding at the end the
following:
``(16) the State will--
``(A) permit recipients of assistance under this
title to enter into agreements authorized under section
8(f) of the National Labor Relations Act (29 U.S.C.
158(f)) (commonly known as `project labor agreements')
with respect to projects for building or construction
carried out with that assistance; and
``(B) ensure that, to the maximum extent
practicable, recipients of assistance under this title
carry out the projects through the use of the
agreements described in subparagraph (A).''.
(2) Drinking water revolving funds.--Section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) is amended--
(A) in subsection (a) (as amended by section 8(1)),
by adding at the end the following:
``(7) Project labor agreements.--Each agreement under this
subsection shall require that the State permit recipients of
assistance under this section to enter into an agreement
authorized under section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)) (commonly known as a `project labor
agreement') with respect to projects for building or
construction carried out with that assistance.''; and
(B) in subsection (b)(3)(A)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) with respect to projects for
building or construction, will be carried out
through the use of agreements authorized under
section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)).''.
<all>