II 116TH CONGRESS 1ST SESSION S. 2596 To amend the Safe Drinking Water Act to authorize certain community water systems to enter into partnerships to improve the water systems, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 15, 2019 Ms. DUCKWORTH (for herself, Mr. BRAUN, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Safe Drinking Water Act to authorize certain community water systems to enter into partnerships to improve the water systems, 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 ‘‘Voluntary Water Part- 4 nership for Distressed Communities Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) clean, affordable, and accessible drinking 8 water is the backbone of every community; 9 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 2 •S 2596 IS (2) community water systems that are dis- 1 tressed, which are often located in low-income com- 2 munities and communities of color, jeopardize the 3 health and economic growth of the community; and 4 (3) a partnership that is voluntary and not 5 mandatory has the capacity to help a community 6 water system that is distressed to deliver quality and 7 affordable water services by providing those commu- 8 nity water systems technical, operational, and finan- 9 cial support. 10 SEC. 3. VOLUNTARY WATER PARTNERSHIPS. 11 (a) IN GENERAL.—Section 1420 of the Safe Drink- 12 ing Water Act (42 U.S.C. 300g–9) is amended— 13 (1) in subsection (b), by adding at the end the 14 following: 15 ‘‘(4) NOTICE, ASSESSMENT, AND ENFORCE- 16 MENT.— 17 ‘‘(A) NOTICE.—Not later than 1 year after 18 the date of enactment of this paragraph, each 19 State that has primary enforcement responsi- 20 bility under section 1413 (or the Administrator, 21 in the case of a State that does not have pri- 22 mary enforcement responsibility) shall provide 23 written notice to each community water system 24 listed under paragraph (1) in the State that has 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 3 •S 2596 IS not returned to compliance that the community 1 water system is so listed. 2 ‘‘(B) INTENT TO ENTER PARTNERSHIP.— 3 Not later than 180 days after the date on which 4 a community water system receives a notice 5 under subparagraph (A), the community water 6 system may submit to the State or the Adminis- 7 trator, as applicable, a letter of intent to enter 8 into a partnership (as defined in subsection 9 (d)(3)(A)). 10 ‘‘(C) ENFORCEMENT.— 11 ‘‘(i) NO ENFORCEMENT ACTION.— 12 ‘‘(I) IN GENERAL.—Except as 13 provided in clause (ii), no person (in- 14 cluding the Administrator or a State) 15 may, during the time period described 16 in subclause (II), take or pursue any 17 civil or administrative enforcement ac- 18 tion under this title (including any 19 civil action under section 1449) 20 against a community water system 21 that receives a notice under subpara- 22 graph (A) so long as the community 23 water system is actively and in good 24 faith working to enter into a partner- 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 4 •S 2596 IS ship (as defined in subsection 1 (d)(3)(A)) (as determined by the 2 State or the Administrator, as appli- 3 cable). 4 ‘‘(II) PERIOD DESCRIBED.—The 5 period referred to in subclause (I) is 6 the period that— 7 ‘‘(aa) begins on the date on 8 which the community water sys- 9 tem submits a letter of intent 10 under subparagraph (B); and 11 ‘‘(bb) ends on the date that 12 is 180 days after the date on 13 which the community water sys- 14 tem submits the letter of intent 15 described in item (aa). 16 ‘‘(ii) EXCEPTIONS.—During the time 17 period described in clause (i)(II)— 18 ‘‘(I) the State or the Adminis- 19 trator, as applicable, may take or pur- 20 sue an action against a community 21 water system that receives a notice 22 under subparagraph (A) to address an 23 imminent and substantial public 24 health risk; 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 5 •S 2596 IS ‘‘(II) any person may take or 1 pursue an action against a community 2 water system that receives a notice 3 under subparagraph (A) with respect 4 to any requirement relating to moni- 5 toring or public notification under this 6 title; and 7 ‘‘(III) the Administrator may 8 take or pursue an action under sec- 9 tion 1431 against a community water 10 system that receives a notice under 11 subparagraph (A).’’; 12 (2) in subsection (d)— 13 (A) by redesignating paragraphs (3) 14 through (5) as paragraphs (7) through (9), re- 15 spectively; 16 (B) by inserting after paragraph (2) the 17 following: 18 ‘‘(3) PARTNERSHIPS.— 19 ‘‘(A) DEFINITION OF PARTNERSHIP.—In 20 this paragraph and paragraphs (4) through (7), 21 the term ‘partnership’ means, as applicable— 22 ‘‘(i) a community water system result- 23 ing from a joint enterprise between, or the 24 combined operations of— 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 6 •S 2596 IS ‘‘(I) one or more community 1 water systems that receives a notice 2 under subsection (b)(4)(A); and 3 ‘‘(II) one or more community 4 water systems that has not received a 5 notice under subsection (b)(4)(A); 6 ‘‘(ii) a community water system that, 7 after receiving a notice under subsection 8 (b)(4)(A), enters into a contractual agree- 9 ment with another entity to oversee the fi- 10 nancial, technical, or operational manage- 11 ment of the system; 12 ‘‘(iii) a community water system re- 13 sulting from a joint enterprise between, or 14 the combined operations of, one or more 15 community water systems that receives a 16 notice under subsection (b)(4)(A); or 17 ‘‘(iv) a contractual agreement unifying 18 one or more community water systems that 19 receives a notice under subsection 20 (b)(4)(A) with one or more community 21 water systems that has not received a no- 22 tice under subsection (b)(4)(A). 23 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 7 •S 2596 IS ‘‘(B) AUTHORIZATION.—A community 1 water system that receives a notice under sub- 2 section (b)(4)(A) may enter into a partnership. 3 ‘‘(C) REQUIREMENT.—A partnership that 4 includes a community water system with juris- 5 diction over a site on the National Priorities 6 List developed by the President in accordance 7 with section 105(a)(8)(B) of the Comprehensive 8 Environmental Response, Compensation, and 9 Liability Act of 1980 (42 U.S.C. 10 9605(a)(8)(B)) shall include in the partnership 11 agreement a plan developed by the community 12 water system that describes how the community 13 water system will— 14 ‘‘(i) meet the requirements of the 15 partnership agreement; and 16 ‘‘(ii) with respect to the site, continue 17 to meet the requirements under the Com- 18 prehensive Environmental Response, Com- 19 pensation, and Liability Act of 1980 (42 20 U.S.C. 9601 et seq.). 21 ‘‘(D) DEADLINE FOR COMPLIANCE.—A 22 partnership shall be required to correct any sig- 23 nificant noncompliance that resulted in a notice 24 under subsection (b)(4)(A) to one of the entities 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 8 •S 2596 IS in the partnership and to comply with this 1 title— 2 ‘‘(i) in any case in which the State 3 agency with primary enforcement responsi- 4 bility under section 1413, or the Adminis- 5 trator, if the State does not have primary 6 enforcement responsibility, approves a plan 7 submitted by the partnership to bring the 8 partnership into compliance with this title, 9 as soon as practicable, but not later than 10 the later of— 11 ‘‘(I) the date that is 3 years after 12 the date on which the partnership is 13 formed; and 14 ‘‘(II) the date determined by the 15 State or the Administrator, as appli- 16 cable, to complete necessary capital 17 construction projects to bring the 18 partnership into compliance; or 19 ‘‘(ii) in any case in which the State 20 agency with primary enforcement responsi- 21 bility under section 1413, or the Adminis- 22 trator, if the State does not have primary 23 enforcement responsibility, approves an en- 24 forceable agreement to bring the partner- 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 9 •S 2596 IS ship into compliance with this title, by the 1 date specified in the agreement. 2 ‘‘(E) STATE REVOLVING LOAN FUNDS.— 3 The Administrator may not withhold funds 4 from a State under section 1452 or otherwise 5 reduce any State allotment or set-aside under 6 that section based on the action or inaction of 7 a State with respect to partnerships entered 8 into pursuant to this paragraph after the date 9 of enactment of the Voluntary Water Partner- 10 ship for Distressed Communities Act of 2019. 11 ‘‘(4) PARTNERSHIP INCENTIVES.—The Admin- 12 istrator shall— 13 ‘‘(A) establish incentives for a community 14 water system that is distressed to enter into a 15 partnership, including allowing a State to pro- 16 vide assistance under section 1442 or section 17 1452, to a community water system that re- 18 ceived a notice under subsection (b)(4)(A)— 19 ‘‘(i) to assess partnership options; and 20 ‘‘(ii) to engage in peer-to-peer assist- 21 ance; and 22 ‘‘(B) pay for and provide other technical 23 assistance as necessary for the partnerships to 24 achieve compliance with this title. 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 10 •S 2596 IS ‘‘(5) SAFE HARBOR.— 1 ‘‘(A) IN GENERAL.—Except as provided in 2 subparagraph (B), a partnership shall not be 3 liable for any civil penalty or fine, or adminis- 4 trative penalty or fine, under this title for a vio- 5 lation of an applicable requirement (as defined 6 in section 1414(i)) (including for any liability 7 pursuant to a civil action under section 1449) 8 if— 9 ‘‘(i) the violation was committed by 10 the community water system that received 11 a notice under subsection (b)(4)(A); 12 ‘‘(ii) the violation occurred on a date 13 before the community water system de- 14 scribed in clause (i) entered into the part- 15 nership or after the community water sys- 16 tem entered into the partnership but be- 17 fore the applicable deadline for compliance, 18 as determined under paragraph (3)(C); 19 and 20 ‘‘(iii) prior to entering into the part- 21 nership, a community water system or en- 22 tity that did not receive a notice under 23 subsection (b)(4)(A) discloses, in a form 24 and manner prescribed by the Adminis- 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 11 •S 2596 IS trator, the violation to the head of the 1 State agency with primary enforcement re- 2 sponsibility under section 1413, or the Ad- 3 ministrator, if the State does not have 4 such primary enforcement responsibility. 5 ‘‘(B) FAILURE TO COMPLY.—Subpara- 6 graph (A) shall not apply with respect to a 7 partnership after the applicable deadline under 8 paragraph (3)(C) if the partnership fails— 9 ‘‘(i) to correct any significant non- 10 compliance that resulted in a notice under 11 subsection (b)(4)(A); and 12 ‘‘(ii) to comply with this title by the 13 applicable deadline. 14 ‘‘(6) RECIPROCITY.—The Administrator, in col- 15 laboration with the heads of State agencies with pri- 16 mary enforcement responsibility under section 1413, 17 may provide incentives for States to provide greater 18 flexibility in certification, licensing, or other require- 19 ments, to facilitate the provision of services to com- 20 munity water systems by professionals from other 21 jurisdictions, with a focus on rural and disadvan- 22 taged communities. 23 ‘‘(7) VOLUNTARY PARTNERSHIP DECISION.— 24 The decision to undertake a partnership by a com- 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 12 •S 2596 IS munity water system receiving notice under sub- 1 section (b)(4)(A)— 2 ‘‘(A) is voluntary on the part of the com- 3 munity water system; and 4 ‘‘(B) shall not require any particular type 5 of partnership agreement.’’; and 6 (C) by adding at the end the following: 7 ‘‘(10) EFFECT.—Nothing in this title shall be 8 construed to prevent the United States from bring- 9 ing an action under section 1001 of title 18 of the 10 United States Code, or to prevent any State with 11 primary enforcement responsibility from bringing an 12 action under any substantially equivalent State 13 law.’’; and 14 (3) in subsection (g)(2)— 15 (A) in the second sentence— 16 (i) by inserting ‘‘established under 17 subparagraph (A)’’ after ‘‘the clearing- 18 house’’; and 19 (ii) by striking ‘‘The Administrator’’ 20 and inserting the following: 21 ‘‘(B) NO DUPLICATION.—The Adminis- 22 trator’’; 23 (B) in the first sentence, by striking ‘‘The 24 Administrator’’ and inserting the following: 25 VerDate Sep 11 2014 03:51 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2596.IS S2596 kjohnson on DSK79L0C42 with BILLS 13 •S 2596 IS ‘‘(A) IN GENERAL.—The Administrator’’; 1 and 2 (C) by adding at the end the following: 3 ‘‘(C) BEST PRACTICES DATABASE.— 4 ‘‘(i) IN GENERAL.—The Adminis- 5 trator, in coordination with the States, 6 shall include in the clearinghouse estab- 7 lished under subparagraph (A) a best prac- 8 tices database to share examples of prac- 9 tices involving the operational, technical, 10 and financial capacity of community water 11 systems in accordance with this title. 12 ‘‘(ii) GRANTS.—The Administrator 13 may award grants to appropriate, quali- 14 fied, and experienced nonprofit organiza- 15 tions to maintain the database under 16 clause (i).’’. 17 (b) USE OF STATE REVOLVING LOAN FUNDS.—Sec- 18 tion 1452(a)(3)(B)(ii) of the Safe Drinking Water Act (42 19 U.S.C. 300j–12(a)(3)( [Text truncated for display. 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