[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1730
To provide adequate funding for water and sewer infrastructure, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2025
Mr. Sanders (for himself, Mr. Blumenthal, Ms. Warren, Mr. Wyden, Mr.
Merkley, and Mr. Markey) 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 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
Sec. 3. Water affordability, transparency, equity, and reliability.
Sec. 4. Report on affordability, discrimination and civil rights
violations, public participation in
regionalization, and data collection.
Sec. 5. Use of State revolving funds under the Federal Water Pollution
Control Act.
Sec. 6. Use of State revolving loan funds under the Safe Drinking Water
Act.
Sec. 7. Drinking water grant programs.
Sec. 8. Labor provisions.
Sec. 9. Drinking water assistance to colonias.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 3. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY.
(a) Clean Water Programs.--
(1) In general.--At the beginning of each fiscal year, the
Administrator shall obligate, for the fiscal year--
(A) not more than $175,000,000 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 $525,000,000 for making grants
under section 106 of that Act (33 U.S.C. 1256);
(C) not more than $875,000,000 for making grants
under section 226 of that Act (33 U.S.C. 1302d);
(D) not more than $875,000,000 for making grants
under section 319 of that Act (33 U.S.C. 1329); and
(E) not more than $14,787,000,000 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 $17,237,000,000, 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 $175,000,000 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 $14,787,000,000 for making
capitalization grants under section 1452 of that Act
(42 U.S.C. 300j-12);
(C) not more than $175,000,000 for making grants
under section 1456 of that Act (42 U.S.C. 300j-16) and
for making grants under section 307 of the Safe
Drinking Water Act Amendments of 1996 (33 U.S.C. 1281
note; Public Law 104-182); and
(D) not more than $1,050,000,000 for making grants
under section 1465 of the Safe Drinking Water 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 $16,187,000,000, 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.
(c) Rural Water Services.--
(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--
(A) not more than $175,000,000 for making grants
under section 306C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926c) to entities described
in subsection (c) of that section; and
(B) not more than $350,000,000 for making grants
under section 306E of that 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 $525,000,000, 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.
(d) Indian Health Service.--
(1) In general.--At the beginning of each fiscal year, the
Secretary of Health and Human Services, acting through the
Director of the Indian Health Service (referred to in this
subsection as the ``Secretary''), shall obligate, for the
fiscal year, not more than $1,050,000,000 for making grants for
the planning, design, construction, modernization, improvement,
and renovation of water, sewer, and solid waste sanitation
facilities that are funded, in whole or in part, by the Indian
Health Service--
(A) through, or provided for in, a contract or
compact with the Indian Health Service under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.);
(B) pursuant to section 7 of the Act of August 5,
1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a); or
(C) pursuant to section 302 of the Indian Health
Care Improvement Act (25 U.S.C. 1632).
(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 $1,050,000,000, 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.
(e) Conforming Amendment.--Section 306C(e)(1) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926c(e)(1)) is amended by
inserting ``through fiscal year 2025'' after ``each fiscal year'' each
place it appears.
SEC. 4. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND
DATA COLLECTION.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
water and sewer services in accordance with this subsection.
(2) Affordability.--In conducting the study under paragraph
(1), the Administrator shall study water affordability across
the United States, including--
(A) rates for water and sewer services, increases
in those rates during the 10-year period preceding the
study, and water service disconnections due to unpaid
water service charges; and
(B) the effectiveness of funding under section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12) and
under title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.) for promoting affordable,
equitable, transparent, and reliable water and sewer
service.
(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;
(B) discriminatory practices of State program
administrators in allocating funding; and
(C) violations by those service providers and
program administrators 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 that 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 such 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 with respect 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;
(C) tax liens and foreclosures due to unpaid water
service charges; and
(D) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections, tax liens and foreclosures due to
unpaid water service charges, 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 conducted under subsection
(a)(1); and
(2) recommendations for utility companies, Federal
agencies, and States relating to those results.
SEC. 5. USE OF STATE REVOLVING FUNDS UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
(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 ``which will be made to
the State with funds to be made available'' and inserting
``that 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 or unwilling seller
a privately owned treatment works; 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) Requirement.--To the extent that there are
sufficient applications, a State shall 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. 6. 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 privately owned community
water systems.--The funds under this section may be
used--
``(i) to purchase from a willing or
unwilling seller a privately owned community
water system; and
``(ii) for 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),
public water systems that regularly serve fewer than 10,000
persons and which are 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) Requirement.--To the extent that there are sufficient
applications for loans to communities described in paragraph
(1), of the amount of the capitalization grant received by a
State in a fiscal year, the total amount of loan subsidies made
by the State in 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) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(B) in the undesignated matter following clause
(iii) (as so redesignated), by striking ``The guidance
and regulations shall also'' and inserting the
following:
``(B) Generally accepted accounting standards.--The
guidance and regulations required under subparagraph
(A) shall'';
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``The Administrator'' and
inserting the following:
``(A) In general.--The Administrator''; and
(D) in subparagraph (A) (as so designated)--
(i) in clause (ii) (as so redesignated), by
striking ``and'' at the end;
(ii) in clause (iii) (as so redesignated),
by striking the period at the end and inserting
``; and''; and
(iii) by inserting after clause (iii) the
following:
``(iv) guidance to ensure affordable,
equitable, transparent and reliable water
service provision, to provide protections for
households facing service disconnection due to
unpaid water service charges, and 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
publicly owned, operated, and managed community water
systems for the purpose of replacing lead service lines
(as defined in section 1459B(a)) on private or public
property with copper service lines that are lead free
(as defined in section 1417(d)(1)) at no cost to the
owner of the property.
``(F) Provide assistance to a publicly owned,
operated, and managed community water system for the
purpose of updating treatment plants or switching water
sources due to contamination from a perfluoroalkyl or
polyfluoroalkyl substance that contains at least 1
fully fluorinated carbon atom.
``(G) Provide assistance in the form of a grant to
owners of a household water well that has been
contaminated by a perfluoroalkyl or polyfluoroalkyl
substance that contains at least 1 fully fluorinated
carbon atom for the purpose of purchasing and
installing a household filtration system.''.
SEC. 7. 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''; and
(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)(1));
and
``(2) monitoring and reporting of lead levels in the
drinking water of schools, as determined appropriate by the
Administrator.''.
(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. 8. LABOR PROVISIONS.
(a) Prevailing Rate of Wage.--Nothing in this Act or an amendment
made by this Act shall affect 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 5(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 those projects through the use of those
agreements.''.
(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
6(1)(B)), 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 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) in subsection (b)(3)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(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)) (commonly known as
`project labor agreements').''.
SEC. 9. DRINKING WATER ASSISTANCE TO COLONIAS.
Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b)--
(A) by striking ``of the Environmental Protection
Agency''; and
(B) by striking ``border State'' and inserting
``covered entity'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
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