Safe Drinking Water Assistance Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1251 To improve and coordinate interagency Federal actions and provide assistance to States for responding to public health challenges posed by emerging contaminants, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 30, 2019 Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To improve and coordinate interagency Federal actions and provide assistance to States for responding to public health challenges posed by emerging contaminants, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safe Drinking Water 4 Assistance Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 2 •S 1251 IS (1) safe and clean drinking water is essential to 1 the health, well-being, comfort, and standard of liv- 2 ing of every person of the United States; 3 (2) emerging contaminants in drinking water 4 systems are increasingly being detected at low levels; 5 (3) prolonged exposure to unregulated drinking 6 water contaminants, including emerging contami- 7 nants, may pose human health risks, particularly to 8 vulnerable populations; 9 (4) the Safe Drinking Water Act (42 U.S.C. 10 300f et seq.) requires the Administrator of the Envi- 11 ronmental Protection Agency— 12 (A) to periodically make regulatory deter- 13 minations with respect to unregulated contami- 14 nants; and 15 (B) not less frequently than once every 5 16 years, to identify and publish a description of 17 unregulated contaminants that may require reg- 18 ulation; 19 (5) in a 2011 report of the Government Ac- 20 countability Office, the Comptroller General of the 21 United States found, with respect to unregulated 22 drinking water contaminants, that— 23 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 3 •S 1251 IS (A) the Administrator has made limited 1 progress in prioritizing drinking water contami- 2 nants based on greatest public health concern; 3 (B) the lack of data relating to the expo- 4 sure of the public to potentially harmful drink- 5 ing water contaminants and the related health 6 effects of that exposure continues to limit the 7 ability of the Administrator to make regulatory 8 determinations; and 9 (C) in many cases, gathering sufficient 10 data to address contaminants awaiting regu- 11 latory determinations by the Administrator has 12 taken the Administrator more than 10 years, 13 and obtaining data on other contaminants that 14 are currently awaiting regulatory determina- 15 tions may take decades; 16 (6) in the 2016 Drinking Water Action Plan of 17 the Environmental Protection Agency, the Adminis- 18 trator recommended that the Federal Government 19 and key water stakeholders strengthen the effective- 20 ness of drinking water health advisories through en- 21 hanced collaboration and increased focus on risk 22 management and risk communication approaches; 23 (7) in response to the report of the Committee 24 on Appropriations of the Senate accompanying S. 25 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 4 •S 1251 IS 1662 of the 115th Congress (S. Rept. 115–139), the 1 Office of Science and Technology Policy developed a 2 coordinated cross-agency plan for addressing critical 3 research gaps related to detecting, assessing expo- 4 sure to, and identifying the adverse health effects of 5 emerging contaminants in drinking water; and 6 (8) it is vital that legislators, regulatory offi- 7 cials, public water system owners and operators, sci- 8 entists, and environmental advocacy groups continue 9 to work to ensure that the public water systems of 10 the United States are among the safest in the world. 11 SEC. 3. DEFINITIONS. 12 In this Act: 13 (1) ADMINISTRATOR.—The term ‘‘Adminis- 14 trator’’ means the Administrator of the Environ- 15 mental Protection Agency. 16 (2) CONTAMINANT.—The term ‘‘contaminant’’ 17 means any physical, chemical, biological, or radio- 18 logical substance or matter in water. 19 (3) CONTAMINANT OF EMERGING CONCERN; 20 EMERGING CONTAMINANT.—The terms ‘‘contami- 21 nant of emerging concern’’ and ‘‘emerging contami- 22 nant’’ mean a contaminant— 23 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 5 •S 1251 IS (A) for which the Administrator has not 1 promulgated a national primary drinking water 2 regulation; and 3 (B) that may have an adverse effect on the 4 health of individuals. 5 (4) FEDERAL RESEARCH STRATEGY.—The term 6 ‘‘Federal research strategy’’ means the cross-agency 7 plan described in section 2(7). 8 (5) TECHNICAL ASSISTANCE AND SUPPORT.— 9 The term ‘‘technical assistance and support’’ in- 10 cludes— 11 (A) assistance with— 12 (i) identifying appropriate analytical 13 methods for the detection of contaminants; 14 (ii) understanding the strengths and 15 limitations of the analytical methods de- 16 scribed in clause (i); and 17 (iii) troubleshooting the analytical 18 methods described in clause (i); 19 (B) providing advice on laboratory certifi- 20 cation program elements; 21 (C) interpreting sample analysis results; 22 (D) providing training with respect to 23 proper analytical techniques; 24 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 6 •S 1251 IS (E) identifying appropriate technology for 1 the treatment of contaminants; and 2 (F) analyzing samples, if— 3 (i) the analysis cannot be otherwise 4 obtained in a practicable manner other- 5 wise; and 6 (ii) the capability and capacity to per- 7 form the analysis is available at a Federal 8 facility. 9 (6) WORKING GROUP.—The term ‘‘Working 10 Group’’ means the Working Group established under 11 section 4(b)(1). 12 SEC. 4. RESEARCH AND COORDINATION PLAN FOR EN- 13 HANCED RESPONSE ON EMERGING CONTAMI- 14 NANTS. 15 (a) IN GENERAL.—The Administrator shall— 16 (1) review Federal efforts— 17 (A) to identify, monitor, and assist in the 18 development of treatment methods for emerging 19 contaminants; and 20 (B) to assist States in responding to the 21 human health risks posed by contaminants of 22 emerging concern; and 23 (2) in collaboration with owners and operators 24 of public water systems, States, and other interested 25 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 7 •S 1251 IS stakeholders, establish a strategic plan for improving 1 the Federal efforts referred to in paragraph (1). 2 (b) INTERAGENCY WORKING GROUP ON EMERGING 3 CONTAMINANTS.— 4 (1) IN GENERAL.—Not later than 90 days after 5 the date of enactment of this Act, the Administrator 6 and the Secretary of Health and Human Services 7 shall jointly establish a Working Group to coordinate 8 the activities of the Federal Government to identify 9 and analyze the public health effects of drinking 10 water contaminants of emerging concern. 11 (2) MEMBERSHIP.—The Working Group shall 12 include representatives of the following: 13 (A) The Environmental Protection Agency, 14 appointed by the Administrator. 15 (B) The following agencies, appointed by 16 the Secretary of Health and Human Services: 17 (i) The National Institutes of Health. 18 (ii) The Centers for Disease Control 19 and Prevention. 20 (iii) The Agency for Toxic Substances 21 and Disease Registry. 22 (C) The United States Geological Survey, 23 appointed by the Secretary of the Interior. 24 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 8 •S 1251 IS (D) Any other Federal agency the assist- 1 ance of which the Administrator determines to 2 be necessary to carry out this subsection, ap- 3 pointed by the head of the respective agency. 4 (3) EXISTING WORKING GROUP.—The Adminis- 5 trator may expand or modify the duties of an exist- 6 ing working group to perform the duties of the 7 Working Group under this subsection. 8 (c) NATIONAL EMERGING CONTAMINANT RESEARCH 9 INITIATIVE.— 10 (1) FEDERAL RESEARCH STRATEGY.— 11 (A) IN GENERAL.—Not later than 90 days 12 after the date of enactment of this Act, the Di- 13 rector of the Office of Science and Technology 14 Policy (referred to in this subsection as the 15 ‘‘Director’’) shall coordinate with the heads of 16 the agencies described in subparagraph (C) to 17 establish a research initiative, to be known as 18 the ‘‘National Emerging Contaminant Research 19 Initiative’’, that shall— 20 (i) use the Federal research strategy 21 to improve the identification, analysis, 22 monitoring, and treatment methods of con- 23 taminants of emerging concern; and 24 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 9 •S 1251 IS (ii) develop any necessary program, 1 policy, or budget to support the implemen- 2 tation of the Federal research strategy, in- 3 cluding mechanisms for joint agency review 4 of research proposals, for interagency co- 5 funding of research activities, and for in- 6 formation sharing across agencies. 7 (B) RESEARCH ON EMERGING CONTAMI- 8 NANTS.—In carrying out subparagraph (A), the 9 Director shall— 10 (i) take into consideration consensus 11 conclusions from peer-reviewed, pertinent 12 research on emerging contaminants; and 13 (ii) in consultation with the Adminis- 14 trator, identify priority emerging contami- 15 nants for research emphasis. 16 (C) FEDERAL PARTICIPATION.—The agen- 17 cies referred to in subparagraph (A) include— 18 (i) the National Science Foundation; 19 (ii) the National Institutes of Health; 20 (iii) the Environmental Protection 21 Agency; 22 (iv) the National Institute of Stand- 23 ards and Technology; 24 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 10 •S 1251 IS (v) the United States Geological Sur- 1 vey; and 2 (vi) any other Federal agency that 3 contributes to research in water quality, 4 environmental exposures, and public 5 health, as determined by the Director. 6 (D) PARTICIPATION FROM ADDITIONAL 7 ENTITIES.—In carrying out subparagraph (A), 8 the Director shall consult with nongovernmental 9 organizations, State and local governments, and 10 science and research institutions determined by 11 the Director to have scientific or material inter- 12 est in the National Emerging Contaminant Re- 13 search Initiative. 14 (2) IMPLEMENTATION OF RESEARCH REC- 15 OMMENDATIONS.— 16 (A) IN GENERAL.—Not later than 1 year 17 after the date on which the Director and heads 18 of the agencies described in paragraph (1)(C) 19 establish the National Emerging Contaminant 20 Research Initiative under paragraph (1)(A), the 21 head of each agency described in paragraph 22 (1)(C) shall— 23 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 11 •S 1251 IS (i) issue a solicitation for research 1 proposals consistent with the Federal re- 2 search strategy; and 3 (ii) make grants to applicants that 4 submit research proposals selected by the 5 National Emerging Contaminant Research 6 Initiative in accordance with subparagraph 7 (B). 8 (B) SELECTION OF RESEARCH PRO- 9 POSALS.—The National Emerging Contaminant 10 Research Initiative shall select research pro- 11 posals to receive grants under this paragraph 12 on the basis of merit, using criteria identified 13 by the Director, including the likelihood that 14 the proposed research will result in significant 15 progress toward achieving the objectives identi- 16 fied in the Federal research strategy. 17 (C) ELIGIBLE ENTITIES.—Any entity or 18 group of two or more entities may submit to the 19 head of each agency described in paragraph 20 (1)(C) a research proposal in response to the 21 solicitation for research proposals described in 22 subparagraph (A)(i), including— 23 (i) State and local agencies; 24 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 12 •S 1251 IS (ii) public institutions, including pub- 1 lic institutions of higher education; 2 (iii) private corporations; and 3 (iv) nonprofit organizations. 4 (d) FEDERAL TECHNICAL ASSISTANCE AND SUP- 5 PORT FOR STATES.— 6 (1) STUDY.— 7 (A) IN GENERAL.—Not later than 180 8 days after the date of enactment of this Act, 9 the Administrator shall conduct a study on ac- 10 tions the Administrator can take to increase 11 technical assistance and support for States with 12 respect to emerging contaminants in drinking 13 water samples. 14 (B) CONTENTS OF STUDY.—In carrying 15 out the study described in subparagraph (A), 16 the Administrator shall identify— 17 (i) methods and effective treatment 18 options to increase technical assistance and 19 support with respect to emerging contami- 20 nants to States, including identifying op- 21 portunities for States to improve commu- 22 nication with various audiences about the 23 risks associated with emerging contami- 24 nants; 25 VerDate Sep 11 2014 23:10 May 03, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251 kjohnson on DSK79L0C42 with BILLS 13 •S 1251 IS (ii) means to facilitate access to quali- 1 fied contract testing laboratory facilities 2 that conduct analyses for emerging con- 3 taminants; and 4 (iii) actions to be carried out at exist- 5 ing Federal laboratory facilities, including 6 the research facilities of the Administrator, 7 to provide technical assistance and support 8 for States that require testing facilities for 9 emerging contaminants. 10 (C) AVAILABILITY OF ANALYTICAL RE- 11 SOURCES.—In carrying out the study described 12 in subparagraph (A), the Administrator shall 13 consider— 14 (i) the availability of— 15 (I) Federal and non-Federal lab- 16 oratory capacity; and 17 (II) validated methods to detect 18 and analyze contaminants; and 19 (ii) other factors determined to be ap- 20 propriate by the Administrator. 21 (2) REPORT.—Not later than 1 year after the 22 date [Text truncated for display. 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