[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10150 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10150
To establish a low-income water assistance program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2024
Ms. Tlaib (for herself, Ms. Barragan, Ms. Brownley, Ms. Bush, Mr.
Carson, Mr. Cleaver, Mr. Garcia of Illinois, Mr. Gomez, Mr. Huffman,
Ms. Lee of Pennsylvania, Ms. Moore of Wisconsin, Ms. Norton, Ms.
Ocasio-Cortez, Ms. Sewell, Mr. Thanedar, Ms. Tokuda, Ms. Velazquez, and
Mrs. Dingell) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Energy and Commerce, Ways and Means, and Oversight and
Accountability, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a low-income water assistance program, 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 ``Half-Century Update for Water Access
and Affordability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Safe, accessible, and affordable drinking water is
essential to the protection of public health.
(2) After 50 years, the Safe Drinking Water Act (42 U.S.C.
300f et seq.) has demonstrably improved drinking water quality
across the nation. However, millions of Americans are unable to
afford their water bills and many water utilities have been
unable to fund and maintain infrastructure critical to
providing high quality, reliable, and affordable drinking
water. Therefore, the Federal Government needs to increase
water assistance to households and communities.
(3) The Federal Government provides low-income household
assistance for basic necessities, including food, housing, and
energy. Water is also a basic necessity and requires assistance
from the Federal Government.
(4) Every low-income household should be able to access
water assistance.
(5) Other programs that provide financial and technical
assistance for safe drinking water should incorporate water
affordability as a goal.
(6) More effective protection of public health requires--
(A) a Federal commitment to ensuring the collection
and transparency of data on water safety, access, and
affordability at a national level;
(B) a Federal commitment to water access for all
Native American Tribes; and
(C) a Federal commitment to having water utilities
capable of serving safe and affordable drinking water
to all households, including support for and oversight
of State drinking water programs in the areas of
financial and technical assistance, equitable utility
consolidations, workforce development and training,
community engagement, and enforcement.
(7) Consumers served by public water systems should be
provided with easy-to-understand information on the cost of
their water, opportunities to reduce their bill, and bill
payment assistance programs.
SEC. 3. LOW-INCOME WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Area median income.--The term ``area median income''
means the unadjusted median income for an area determined by
the Secretary of Housing and Urban Development under section
16(a) of the United States Housing Act of 1937 (42 U.S.C.
1437n(a)).
(3) Community water system.--The term ``community water
system'' has the meaning given that term in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f).
(4) Eligible entity.--The term ``eligible entity'' means an
eligible water system, a State, or an Indian Tribe.
(5) Eligible water system.--The term ``eligible water
system'' means--
(A) a community water system that serves a
population of 100,000 or more; or
(B) a treatment works that serves a population of
100,000 or more.
(6) Household.--The term ``household'' means any individual
or group of individuals who are living together as 1 economic
unit.
(7) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(iv) payments under--
(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588);
(v) assistance under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.); or
(vi) assistance under the special
supplemental nutrition program for women,
infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786);
or
(B) that has an income that, as determined by the
entity that is implementing a water service access
program in the area in which the household is located,
does not exceed the greater of--
(i) an amount equal to 200 percent of the
poverty level; and
(ii) an amount equal to 80 percent of the
area median income.
(8) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income described in the
poverty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the
household.
(9) Small and mid-size water systems.--The term ``small and
mid-size water systems'' means--
(A) community water systems that serve a population
of less than 100,000; and
(B) treatment works that serve a population of less
than 100,000.
(10) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(11) Technical assistance provider.--The term ``technical
assistance provider'' means a community-based organization,
environmental justice organization, university, rural
assistance corporation, energy utility, business, or other
organization identified by the Administrator as having relevant
expertise in community outreach, assistance program enrollment
processes and administration, utility data and billing systems,
developing applications for funding, or other areas determined
appropriate by the Administrator.
(12) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(13) Water crisis.--The term ``water crisis'' means a
weather-related or supply shortage emergency or other household
water-related emergency, including disconnection of water
service for nonpayment, imminent disconnection of water service
for nonpayment, or other emergency threatening a household's
access to safe water services.
(14) Water service.--The term ``water service'' means--
(A) drinking water service provided by a community
water system; or
(B) sanitary sewer service provided by a treatment
works.
(15) Water service access program.--The term ``water
service access program'' means a program to provide low-income
households the ability to maintain access to water services
through the receipt of Federal financial assistance.
(b) Federal Low-Income Water Assistance Program.--
(1) Establishment.--Not later than 12 months after the date
of enactment of this section, the Administrator shall establish
a Federal low-income water assistance program to assist low-
income households in maintaining access to affordable water
services, which program shall include--
(A) development and implementation of water service
access programs that include funding to assist low-
income households;
(B) technical assistance for the implementation of
such water service access programs; and
(C) data collection and reporting.
(2) Community advisory committees.--
(A) Establishment.--The Administrator shall
establish a community advisory committee for each
region of the Environmental Protection Agency to
provide advice and recommendations to each entity
implementing a water service access program under
subsection (c) within the region.
(B) Membership.--The Administrator shall include in
each community advisory committee established under
this paragraph members from low-income communities,
non-governmental organizations, and other stakeholders
determined relevant by the Administrator.
(c) Water Service Access Programs.--
(1) In general.--The Administrator shall--
(A) develop a water service access program; and
(B) implement such water service access program in
each State.
(2) Delegation of implementation.--
(A) Authority to delegate.--
(i) Delegation of areas.--Except as
provided in clause (ii), upon application by an
eligible entity under subparagraph (B), the
Administrator may delegate to the eligible
entity the implementation of a water service
access program for--
(I) with respect to an eligible
entity that is an eligible water
system, the service area of such
eligible water system;
(II) with respect to an eligible
entity that is an Indian Tribe, the
geographic area under the jurisdiction
of the Indian Tribe; and
(III) with respect to an eligible
entity that is a State, the area within
the geographic boundaries of the State.
(ii) Non-overlapping programs.--If the
Administrator delegates the implementation of a
water service access program for an area to an
eligible entity that is an eligible water
system or an Indian Tribe, the Administrator
shall withhold or withdraw, as applicable,
delegation for such area from the State in
which such area is located.
(B) Application.--To implement a water service
access program under this subsection, an eligible
entity shall submit to the Administrator an application
that demonstrates that--
(i) the water service access program
proposed to be implemented by the eligible
entity--
(I) meets the requirements
established under paragraph (3); and
(II) was developed in accordance
with paragraph (4); and
(ii) the eligible entity has the capacity
to--
(I) make assistance under the water
service access program available to all
low-income households in its
jurisdiction or service area, without
regard to where that household resides
within the jurisdiction or service
area;
(II) fulfill the data collection
and management requirements set forth
in subsection (e); and
(III) develop and implement, in
coordination with technical assistance
providers, an effective community
outreach plan to inform low-income
households of the water service access
program and assist with enrollment.
(C) Grants.--
(i) Award.--If the Administrator delegates
implementation of a water service access
program to an eligible entity under this
paragraph, the Administrator shall award a
grant to the eligible entity to implement such
program.
(ii) Limitations.--A grant awarded under
this paragraph--
(I) shall not be used to replace
funds for any existing similar program
of a State, community water system, or
treatment works to assist low-income
households in maintaining access to
affordable water services in the area
for which the water service access
program will be implemented; but
(II) may be used to supplement or
enhance such a program.
(D) Revocation.--
(i) Notification and opportunity to
remedy.--If the Administrator determines, based
on information required to be submitted to the
Administrator under this section by an eligible
entity implementing a water service access
program under this subsection, that the water
service access program is not being implemented
in compliance with all requirements of this
section, the Administrator shall promptly
notify the eligible entity of such
noncompliance, the necessary remedial actions,
and a deadline for promptly implementing such
remedial actions.
(ii) Failure to remedy.--The Administrator
shall revoke delegation under this subsection
to an eligible entity if the eligible entity
fails to take the necessary remedial actions by
the deadline set by the Administrator under
clause (i).
(iii) Effect.--If the Administrator revokes
delegation under this subsection to an eligible
entity, implementation of a water service
access program under this subsection for the
previously delegated area shall revert to the
Administrator, who may delegate such
implementation to the State in which such area
is located if such State is implementing a
water service access program pursuant to
subparagraph (A).
(3) Minimum water service access program requirements.--
(A) In general.--Not later than 6 months after the
date of enactment of this section, the Administrator
shall establish minimum requirements for water service
access programs developed and implemented under this
subsection.
(B) Consultation.--In carrying out subparagraph
(A), the Administrator shall--
(i) consult with relevant stakeholders,
including frontline community groups, Tribal
communities, and technical assistance
providers; and
(ii) provide an opportunity for public
comment on the proposed requirements.
(C) Inclusions.--The minimum requirements
established under subparagraph (A) for a water service
access program shall include--
(i) provisions to promote universal access
for low-income households to assistance under
the water service access program (including
low-income households in which none of the
individual members is a named account holder of
the applicable community water system or
treatment works), including provisions for--
(I) sharing of data from other
administrators of Federal, State, or
local income-qualified assistance
programs to facilitate automatic
enrollment in the water service access
program of all households participating
in those other programs that are
eligible to receive assistance under
the water service access program,
without the need for those households
to apply separately for the water
service access program;
(II) allowance for community water
systems and treatment works to receive
program funds for low-income household
debt reduction and directly apply such
funds to customer accounts;
(III) allowance for self-
attestation by households served by
community water systems or treatment
works of eligibility, including self-
attestation of income qualification or
enrollment in an existing Federal,
State, or local assistance program on
the basis of income;
(IV) with respect to any portion of
the process for enrollment in the water
service access program for which a
signature of a member of a low-income
household is required, allowance for
the use of an electronic signature; and
(V) prohibitions on--
(aa) asset tests and in-
person enrollment appointments
as requirements to receive
assistance under the water
service access program; and
(bb) citizenship or legal
residency requirements for
members of a low-income
household in order for the
household to receive assistance
under the water service access
program; and
(ii) assistance to low-income households
served by community water systems or treatment
works (including low-income households in which
none of the individual members is a named
account holder of the applicable community
water system or treatment works), with greater
assistance amounts provided to households with
higher water service costs and lower incomes,
taking into account household size, in the form
of--
(I) direct financial assistance,
including bill discounting, percentage-
of-income payment plan, a lifeline
rate, or any other form of direct
assistance identified by the
Administrator;
(II) debt relief;
(III) water crisis assistance; and
(IV) water efficiency assistance,
including providing or subsidizing the
cost of installation of water-efficient
appliances and fixtures or leak
detection and plumbing repair work;
(iii) provisions prohibiting the inclusion
of eligibility restrictions or enrollment
requirements not specifically required by this
section;
(iv) provisions, including penalties on
community water systems and treatment works for
violations, as established by the
Administrator, to ensure that no household
receiving assistance under the program--
(I) is disconnected from water
service, loses access to or ownership
of its current housing, or is otherwise
denied access to an amount and flow of
water sufficient to meet its essential
needs because of the household's
inability to pay bills owed to a
community water system or treatment
works, or, where the water service
account-holder for the household's
dwelling is not a member of the
household, due to the failure of the
account-holder to pay bills owed to the
community water system or treatment
works; or
(II) is required to pay any fees,
charges, or deposits associated with
late payments, unpaid bills, service
initiation, or service reconnection;
(v) procedures that minimize burdens on
low-income households of filing a complete
application for assistance under the program,
including allowing for alternative forms of
identification;
(vi) provisions that require equal access
to assistance to households that pay bills for
water services directly and households the
water services of which are included in rent or
other payments, including by providing for
households that cannot receive assistance
through a bill for water services other types
of assistance, such as cash assistance, credits
on a different utility bill, and receipt of
water quality and efficiency upgrades and
devices; and
(vii) coordination of development and
implementation of the water service access
program with other existing water assistance
programs, energy assistance programs, and other
relevant Federal, State, and local programs
that provide financial or other assistance to
low-income households.
(4) Public process.--Each entity developing or implementing
a water service access program under this subsection shall,
each fiscal year--
(A) consult with the applicable community advisory
committee established under subsection (b)(2), Tribal
communities, and other community representatives, as
applicable; and
(B) provide an opportunity for a public hearing and
public comment on the water service access program.
(d) Technical Assistance.--
(1) In general.--The Administrator shall provide funding to
technical assistance providers to--
(A) facilitate enrollment by low-income households
in water service access programs implemented under this
section; and
(B) assist small and mid-size water systems in
participating in water service access programs
implemented under this section.
(2) Minimum requirements.--The Administrator shall
establish minimum requirements for technical assistance
provided under paragraph (1), which shall include requirements
for--
(A) outreach to low-income households in
communities with high incidence of disconnections of
water service or that may face difficulty enrolling in
or accessing assistance through a water service access
program, including households in geographically remote
locations, households lacking access to
telecommunications networks (including home broadband
internet service), households with limited English
proficiency, and households in which an individual with
a disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102))
resides; and
(B) developing the capacity of small and mid-size
water systems to--
(i) carry out any applicable activities
necessary for assistance to be provided
pursuant to a water service access program
implemented under this section; and
(ii) provide complete and accurate
information to the entity implementing an
applicable water service access program as
necessary for such entity to comply with the
reporting requirements of this section.
(3) Set-asides.--
(A) Data management systems.--Of the funds made
available to carry out this subsection, the
Administrator shall ensure that a minimum of 20 percent
is used for--
(i) the improvement of data management
systems, including billing systems, websites,
and electronic customer communications, for
small and mid-size water systems; and
(ii) implementation of easily accessible
enrollment and data transmission technologies,
such as smartphone applications.
(B) Under-resourced communities.--Of the funds made
available to carry out this subsection, the
Administrator shall ensure that a minimum of 20 percent
is provided to technical service providers that are
environmental justice organizations and community-based
organizations to build capacity and provide assistance
for under-resourced communities to fully access a water
service access program.
(4) Community engagement.--The Administrator shall engage
with environmental justice organizations and community-based
organizations--
(A) in establishing the minimum requirements under
paragraph (2); and
(B) to encourage their participation in the
provision of technical assistance under this
subsection, including by making them aware of the funds
set aside under paragraph (3)(B).
(e) Data Collection and Reporting.--
(1) Reporting to the administrator.--
(A) In general.--Each eligible entity implementing
a water service access program under this section shall
annually submit to the Administrator, in a manner
determined by the Administrator, information regarding
the applicable water service access program,
including--
(i) the demonstrable impacts of the program
on bill debt and timely bill payments for low-
income households that receive assistance under
the program, based on data from before and
after the implementation of the program,
including, for each county and ZIP code within
the geographic area served by the program--
(I) the number of households that
experienced a disconnection of water
service for nonpayment and the number
of households for which disconnection
was avoided directly due to the
provision of assistance under the
program;
(II) the number of households and
amount of debt subject to sale or
enforcement of property liens and the
number of households for which sale or
enforcement of property liens was
avoided directly due to the provision
of assistance under the program;
(III) the number of households
enrolled in the program;
(IV) the benefit levels, amount of
debt reduction, and total amount of
assistance provided to enrolled
households; and
(V) the number of enrolled
households reconnected to water service
and a summary of the fees and charges
waived for enrolled households,
including disconnection and
reconnection charges, late payment
fees, and interest charges;
(ii) revenue collection information from
each community water system and treatment works
within the geographic area served by the
program, including--
(I) rate design for residential
customers;
(II) billing frequency;
(III) fees, taxes, and other
charges that are included on every
residential bill or that are billed to
a residential customer under specific
circumstances but are not included on
every residential bill; and
(IV) projected rate increases
during the 5-year period following
submission of the information under
this subsection;
(iii) information regarding any other water
service customer assistance programs within the
geographic area served by the program,
including information about such other programs
relating to rate structures, rebates,
discounts, billing methods that average rates
over the course of a year (known as ``budget
billing''), and procedures that ensure that
households receive notice and an opportunity to
dispute charges before service is disconnected
or interrupted due to non-payment; and
(iv) other relevant information required by
the Administrator.
(B) Additional time for completion of certain
reporting requirements.--The Administrator may postpone
a requirement to include in an annual submission data
required under subparagraph (A), taking into
consideration the availability of technical assistance
pursuant to subsection (d) related to data reporting.
(C) Publication.--The Administrator shall
annually--
(i) make information on water service
access programs implemented under this section
available in an easily accessible format on the
website of the Environmental Protection Agency,
including--
(I) a list of all such water
service access programs and contact
information for the entities
implementing such programs; and
(II) the information submitted
under subparagraph (A); and
(ii) publish a report that compiles and
summarizes the information submitted under this
paragraph.
(2) Reporting to states.--An eligible water system that is
implementing a water service access program pursuant to this
section shall report to each agency or office of the State in
which the water service access program is implemented that
funds or regulates water systems--
(A) the amount of all grants it receives under this
section; and
(B) all information it submits to the Administrator
under paragraph (1) and subsection (c)(2)(B).
(f) Administrative Provisions.--
(1) Assistance exempt from inclusion as income.--
(A) Individual assistance.--In the case of any
individual who is a member of a low-income household
receiving assistance under a water service access
program implemented under this section--
(i) for purposes of the Internal Revenue
Code of 1986, gross income shall not include
any such assistance provided to such
individual; and
(ii) notwithstanding any other provision of
law, any such assistance provided to such
individual shall not be considered income or
resources of such household (or any member
thereof) for any purpose under any other
Federal or State law, including any law
relating to taxation or governmental assistance
programs.
(B) Assistance to eligible water systems.--A grant
received under this section by an eligible water system
that is subject to Federal or State income tax shall
not be considered income for purposes of any Federal or
State income tax law if the Administrator determines
that the eligible water system complied with the
requirements established under subsection (c)(3)(C)(iv)
during the year in which the grant was received.
(2) Assistance not a federal public benefit.--
Notwithstanding section 401(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611(c)), assistance provided to a low-income household under a
water service access program implemented under this section
shall not be considered a Federal public benefit for purposes
of title IV of such Act (8 U.S.C. 1601 et seq.).
(3) Financial terms for private utilities.--A community
water system or treatment works that is not wholly-owned by a
governmental entity may not use any funds received under or
pursuant to this section to provide any financial benefits to
the owners of the community water system or treatment works,
including increased rates of return on capital investments,
dividends, and interest.
(g) Report.--Not later than 5 years after the date on which grant
funds are first disbursed to an eligible entity under this section, and
every 5 years thereafter, the Administrator shall submit to Congress a
report on the results of the Federal low-income water assistance
program established under this section, which report shall include--
(1) an assessment of the remaining need and obstacles to
achieving universal water service access and affordability; and
(2) relevant findings and information from other programs
and assessments, including--
(A) State revolving fund programs under the Safe
Drinking Water Act and the Federal Water Pollution
Control Act;
(B) State drinking water program plans, as
applicable;
(C) the national drinking water infrastructure
needs survey and assessment conducted under section
1452(h) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(h)); and
(D) the National Climate Assessment carried out
pursuant to the Global Change Research Act of 1990 (15
U.S.C. 2921 et seq.).
(h) Use of National Surveys.--
(1) Questions.--The Director of the United States Census
Bureau shall, in coordination with the Administrator, add one
or more questions into the American Community Survey to
ascertain whether households have faced difficulty paying for
water services.
(2) Use.--The Administrator shall use information from the
American Community Survey to inform the reports submitted under
subsection (g).
(i) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000,000
for each of fiscal years 2025 through 2035.
(2) Allocation of funds.--
(A) In general.--The Administrator shall establish
a formula to annually allocate funds made available to
carry out this section among entities implementing
water service access programs, based on--
(i) number of low-income persons and
households served by each such program;
(ii) technical assistance needs of eligible
entities implementing such programs, including
needs for enrollment support, community
outreach, and data collection and reporting;
(iii) administrative costs of implementing
such programs;
(iv) water service costs in the area served
by each such program;
(v) exceptional community needs owing to
water quality and water scarcity; and
(vi) any other criteria determined relevant
by the Administrator.
(B) Requirements.--In establishing the allocation
formula under subparagraph (A), the Administrator
shall--
(i) ensure that equal amounts of funds are
made available with respect to drinking water
services and sanitary sewer services; and
(ii) determine appropriate allotments for
the provision of technical assistance through
each water service access program.
(C) Reservation of funds.--The Administrator may
reserve up to 10 percent of funds made available to
carry out this section for each fiscal year to provide
supplementary funds for water service access programs
that serve--
(i) territories, or areas under the
jurisdiction of an Indian Tribe, that have
historically lacked equitable access to Federal
and State financial assistance for drinking
water and wastewater infrastructure; and
(ii) communities experiencing lack of
access to safe public drinking water services
to meet essential household needs.
SEC. 4. STATE REVOLVING LOAN FUNDS.
(a) Safe Drinking Water Act.--
(1) Intended use plans.--Section 1452(b) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(b)) is amended--
(A) in paragraph (1), by inserting ``in accordance
with paragraph (4)'' after ``public review and
comment''; and
(B) by adding at the end the following:
``(4) Public review and comment.--In preparing an intended
use plan under paragraph (1), a State shall--
``(A) before adopting a final plan--
``(i) make a draft of the plan, and
instructions for how to provide comments on the
draft, available on a publicly accessible
website;
``(ii) provide a minimum of 30 days for
public comment on the draft;
``(iii) provide written responses to timely
submitted written public comments on the draft;
and
``(iv) after providing such written
responses, hold at least one public hearing on
the draft;
``(B) make the final plan available on a publicly
accessible website; and
``(C) allow for submission of applications for
financial and technical assistance at any time.
``(5) Transparency and evaluation.--
``(A) Regulations.--
``(i) Promulgation.--Not later than one
year after the date of enactment of this
paragraph, the Administrator shall promulgate
regulations to increase transparency and
promote evaluation of--
``(I) the distribution by States of
the amounts available to the State loan
fund among the intended uses identified
in a plan under this subsection; and
``(II) the criteria and methods
established by States under paragraph
(2)(B) for the distribution of funds.
``(ii) Inclusions.--The Administrator shall
include in the regulations promulgated under
clause (i)--
``(I) a requirement that States
provide to the Administrator data
about--
``(aa) funded and unfunded
projects that are eligible for
assistance from the State loan
fund; and
``(bb) the geographic and
socioeconomic distribution of
such funded projects, including
the amount and percentage of
assistance allocated to
projects that serve
disadvantaged communities;
``(II) creation of a central online
repository for intended use plans and
data provided pursuant to subclause
(I); and
``(III) creation of an advisory
group within each State to provide
advice and recommendations on intended
use plans, State loan fund policies,
and implementation of such plans and
policies.
``(B) Annual report.--The Administrator shall make
available on a publicly accessible website an annual
report, prepared based on the data provided pursuant to
subparagraph (A)(ii)(I) and feedback from State
advisory groups created under subparagraph
(A)(ii)(III), which shall include--
``(i) information on and analysis of the
use by each State of the amounts available to
the State loan fund of the State, including,
for each State, the amount of assistance
provided under this section, and the number of
public water systems receiving such assistance;
``(ii) data and metrics on disadvantaged
communities served and technical assistance and
outreach efforts; and
``(iii) ongoing challenges at the national
and State level.''.
(2) Assistance for disadvantaged communities.--Section
1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d))
is amended--
(A) in paragraph (3), by adding at the end the
following: ``Each State shall, during calendar year
2026 and every three years thereafter, conduct a review
of, and if appropriate revise, the affordability
criteria established by the State under this
subsection.''; and
(B) by adding at the end the following:
``(4) Additional requirements.--Not later than one year
after the date of enactment of this paragraph, the
Administrator shall promulgate regulations to expedite the
provision of assistance to, and provide flexible repayment
options for, disadvantaged communities receiving assistance
under this section.''.
(3) Administration of state loan funds.--Section
1452(g)(2)(A)(i) of the Safe Drinking Water Act (42 U.S.C.
300j-12(g)(2)(A)(i)) is amended--
(A) in the matter preceding subclause (I), by
striking ``may'' and inserting ``shall''; and
(B) in subclause (I), by striking ``; and'' and
inserting ``, except that a State may not use more than
30 percent of such amount to cover costs under this
subclause; and''.
(b) Federal Water Pollution Control Act.--
(1) Water pollution control revolving loan funds.--
(A) Additional subsidization.--Section 603(i)(2) of
the Federal Water Pollution Control Act (33 U.S.C.
1383(i)(2)) is amended by adding at the end the
following:
``(D) Review and revision.--Each State shall,
during calendar year 2026 and every three years
thereafter, conduct a review of, and if appropriate
revise, the affordability criteria established by the
State under this paragraph.
``(E) Additional requirements.--Not later than one
year after the date of enactment of this subparagraph,
the Administrator shall promulgate regulations to
expedite the provision by a State of assistance to, and
flexible repayment options for, municipalities that
meet the affordability criteria established by the
State under this paragraph.''.
(B) Additional use of funds.--Section 603(k) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(k))
is amended by striking ``may'' and inserting ``shall''.
(2) Audits, reports, and fiscal controls; intended use
plan.--Section 606 of the Federal Water Pollution Control Act
(33 U.S.C. 1386) is amended--
(A) in subsection (c), in the matter preceding
paragraph (1), by inserting ``in accordance with
subsection (g)'' after ``public comment and review'';
and
(B) by adding at the end the following:
``(g) Public Comment and Review.--In preparing an intended use plan
under subsection (c), a State shall--
``(1) before adopting a final plan--
``(A) make a draft of the plan, and instructions
for how to provide comments on the draft, available on
a publicly accessible website;
``(B) provide a minimum of 30 days for public
comment on the draft;
``(C) provide written responses to timely submitted
written public comments on the draft; and
``(D) after providing such written responses, hold
at least one public hearing on the draft;
``(2) make the final plan available on a publicly
accessible website; and
``(3) allow for submission of applications for financial
and technical assistance at any time.
``(h) Transparency and Evaluation.--
``(1) Regulations.--
``(A) Promulgation.--Not later than one year after
the date of enactment of this subsection, the
Administrator shall promulgate regulations to increase
transparency and promote evaluation of--
``(i) the distribution by States of the
amounts available to the State water pollution
control revolving fund among the intended uses
identified in a plan under subsection (c); and
``(ii) the criteria and methods established
by States under subsection (c)(5) for the
distribution of funds.
``(B) Inclusions.--The Administrator shall include
in the regulations promulgated under subparagraph (A)--
``(i) a requirement that States provide to
the Administrator, in each annual report
provided under subsection (d), data about--
``(I) funded and unfunded projects
that are eligible for assistance from
the State water pollution control
revolving fund; and
``(II) the geographic and
socioeconomic distribution of such
funded projects, including the amount
and percentage of assistance allocated
to projects that serve municipalities
that meet the affordability criteria
established by the State under section
603(i)(2);
``(ii) creation of a central online
repository for intended use plans and data
provided pursuant to clause (i); and
``(iii) creation of an advisory group
within each State to provide advice and
recommendations on intended use plans, State
water pollution control revolving fund
policies, and implementation of such plans and
policies.
``(2) Annual report.--The Administrator shall make
available on a publicly accessible website an annual report,
prepared based on the data provided pursuant to paragraph
(1)(B)(i) and feedback from State advisory groups created under
paragraph (1)(B(iii), which shall include--
``(A) information on and analysis of the use by
each State of the amounts available to the State water
pollution control revolving fund of the State,
including, for each State, the amount of assistance
provided under this title, and the number of treatment
works with respect to which such assistance was
provided;
``(B) data and metrics on disadvantaged communities
served and technical assistance and outreach efforts;
and
``(C) ongoing challenges at the national and State
level.''.
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