Drinking Water Infrastructure Act of 2020

II Calendar No. 452 116TH CONGRESS 2D SESSION S. 3590 To amend the Safe Drinking Water Act to reauthorize certain provisions, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 4, 2020 Mr. BARRASSO (for himself, Mr. CARPER, Ms. DUCKWORTH, and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works MAY 11, 2020 Reported by Mr. BARRASSO, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Safe Drinking Water Act to reauthorize certain provisions, 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 ‘‘Drinking Water Infra- 4 structure Act of 2020’’. 5 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3590 RS SEC. 2. HOST COMMUNITIES. 1 Section 1433(g) of the Safe Drinking Water Act (42 2 U.S.C. 300i–2(g)) is amended— 3 (1) in paragraph (1)— 4 (A) by striking the period at the end and 5 inserting ‘‘; or’’; 6 (B) by striking ‘‘for the purpose of in- 7 creasing’’ and inserting the following: ‘‘for the 8 purpose of— 9 ‘‘(A) increasing’’; and 10 (C) by adding at the end the following: 11 ‘‘(B) increasing the capacity of the com- 12 munity water system to adapt to an increase in 13 population served by the community water sys- 14 tem that is primarily caused by a natural haz- 15 ard or a malevolent act in another community 16 or State.’’; 17 (2) in paragraph (5)— 18 (A) in the heading, by striking ‘‘SMALL’’ 19 and inserting ‘‘SMALL, RURAL, AND DISADVAN- 20 TAGED’’; 21 (B) by striking ‘‘a population of less than 22 3,300 persons’’ and inserting ‘‘disadvantaged 23 communities or populations of fewer than 24 10,000 persons’’; and 25 (C) by striking ‘‘of this section’’; and 26 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3590 RS (3) in paragraph (6), by striking ‘‘fiscal years 1 2020 and 2021’’ and inserting ‘‘fiscal years 2021 2 and 2022’’. 3 SEC. 3. TECHNICAL ASSISTANCE AND GRANTS FOR EMER- 4 GENCIES AFFECTING PUBLIC WATER SYS- 5 TEMS. 6 Section 1442 of the Safe Drinking Water Act (42 7 U.S.C. 300j–1) is amended— 8 (1) in subsection (b), in the first sentence, by 9 inserting ‘‘, including a threat to public health re- 10 sulting from contaminants, such as, but not limited 11 to, heightened exposure to lead in drinking water’’ 12 after ‘‘public health’’; 13 (2) by striking subsection (d) and inserting the 14 following: 15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 16 is authorized to be appropriated to carry out subsection 17 (b) $35,000,000 for each of fiscal years 2021 through 18 2024.’’; and 19 (3) in subsection (e)(5), by striking ‘‘2015 20 through 2020’’ and inserting ‘‘2021 through 2024’’. 21 SEC. 4. DRINKING WATER STATE REVOLVING LOAN FUNDS. 22 (a) DRINKING WATER RELIEF FOR SMALL, RURAL, 23 AND DISADVANTAGED COMMUNITIES.—Section 1452 of 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3590 RS the Safe Drinking Water Act (42 U.S.C. 300j–12) is 1 amended— 2 (1) in subsection (a)— 3 (A) in paragraph (2), by adding at the end 4 the following: 5 ‘‘(H) REQUIRED SUBSIDIES FOR PUBLIC 6 WATER SYSTEMS.— 7 ‘‘(i) IN GENERAL.—Notwithstanding 8 any other provision of this paragraph and 9 to the extent that there are sufficient ap- 10 plications from public water systems, a 11 State shall use not less than 14 percent of 12 a capitalization grant to the State under 13 this section to provide the additional sub- 14 sidies described in clause (ii) to public 15 water systems if the additional subsidies 16 described in that clause are used— 17 ‘‘(I) as initial financing for the 18 public water system; or 19 ‘‘(II) to buy, refinance, or re- 20 structure the debt obligations of the 21 public water system, if— 22 ‘‘(aa) the debt obligation 23 was incurred on or after the date 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3590 RS of enactment of this subpara- 1 graph; or 2 ‘‘(bb) for a debt obligation 3 that was incurred before the date 4 of enactment of this subpara- 5 graph— 6 ‘‘(AA) the State, with 7 the concurrence of the Ad- 8 ministrator, determines that 9 the additional subsidies de- 10 scribed in clause (ii) would 11 help the public water system 12 address a threat to public 13 health from heightened ex- 14 posure to contaminants (in- 15 cluding lead) in drinking 16 water; or 17 ‘‘(BB) before the date 18 of enactment of this sub- 19 paragraph, an emergency 20 has been declared by the 21 President under section 501 22 of the Robert T. Stafford 23 Disaster Relief and Emer- 24 gency Assistance Act (42 25 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3590 RS U.S.C. 5191) or a State 1 emergency declaration has 2 been issued due to a threat 3 to public health, including a 4 threat from heightened ex- 5 posure to lead, in the munic- 6 ipal drinking water supply of 7 the public water system. 8 ‘‘(ii) ADDITIONAL SUBSIDIES DE- 9 SCRIBED.—The additional subsidies re- 10 ferred to in clause (i) are— 11 ‘‘(I) forgiveness of principal of 12 loans owed to the State loan fund of 13 the State; 14 ‘‘(II) negative interest loans; 15 ‘‘(III) grants; or 16 ‘‘(IV) a combination of the sub- 17 sidies described in subclauses (I) 18 through (III).’’; and 19 (B) in paragraph (4)(A), by striking ‘‘Dur- 20 ing fiscal years 2019 through 2023, funds’’ and 21 inserting ‘‘Funds’’; and 22 (2) in subsection (q), by striking ‘‘2016 through 23 2021’’ and inserting ‘‘2021 through 2024’’. 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3590 RS (b) REMEDIATION OF CONTAMINATION.—Section 1 1452 of the Safe Drinking Water Act (42 U.S.C. 300j– 2 12) is amended— 3 (1) in subsection (a)(2)(G)— 4 (A) in clause (i)— 5 (i) by striking ‘‘only’’; and 6 (ii) by striking the clause designation 7 and heading and all that follows through 8 ‘‘clause (ii),’’ and inserting the following: 9 ‘‘(i) DRINKING WATER.— 10 ‘‘(I) IN GENERAL.—Notwith- 11 standing any other provision of law 12 and subject to subclause (II),’’; 13 (B) in clause (ii)— 14 (i) in subclause (I)— 15 (I) in the matter preceding item 16 (aa), by striking ‘‘amounts described 17 in clause (i)’’ and inserting ‘‘amounts 18 made available to carry out this 19 clause’’; and 20 (II) by redesignating items (aa) 21 and (bb) as subitems (AA) and (BB), 22 respectively, and indenting appro- 23 priately; 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 3590 RS (ii) in subclause (II), by striking 1 ‘‘amounts described in clause (i)’’ and in- 2 serting ‘‘amounts made available to carry 3 out this clause’’; and 4 (iii) by redesignating subclauses (I) 5 and (II) as items (aa) and (bb), respec- 6 tively, and indenting appropriately; 7 (C) by redesignating clause (ii) as sub- 8 clause (II) and indenting appropriately; and 9 (D) by inserting before clause (iii) the fol- 10 lowing: 11 ‘‘(ii) REMEDIATION OF CONTAMINA- 12 TION OF GROUNDWATER.— 13 ‘‘(I) DEFINITION OF ELIGIBLE 14 SITE.—In this clause, the term ‘eligi- 15 ble site’ means a site at which an 16 emerging contaminant is present in, 17 or has the potential to enter, a public 18 water system or an underground 19 source of drinking water. 20 ‘‘(II) GRANTS.—Notwithstanding 21 any other provision of law and subject 22 to subclause (III), amounts deposited 23 under subsection (t) in a State loan 24 fund established under this section 25 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 3590 RS may be used to provide grants to ad- 1 dress contamination of groundwater 2 at an eligible site, with a focus on 3 perfluoroalkyl and polyfluoroalkyl sub- 4 stances. 5 ‘‘(III) REQUIREMENTS.— 6 ‘‘(aa) PRIORITIES.—In se- 7 lecting the recipient of a grant 8 using amounts made available to 9 carry out this clause, a State 10 shall use the priorities described 11 in subsection (b)(3)(A). 12 ‘‘(bb) CLEANUP STAND- 13 ARDS.—Any detection, treatment, 14 and remediation of groundwater 15 carried out using amounts made 16 available to carry out this clause 17 shall be carried out in accordance 18 with applicable State toxicity val- 19 ues, standards, and regulations 20 of the State in which the detec- 21 tion, treatment, or remediation is 22 being carried out.’’; and 23 (2) in subsection (t)(2), by striking 24 ‘‘$100,000,000 for each of fiscal years 2020’’ and 25 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 3590 RS inserting ‘‘$300,000,000 for each of fiscal years 1 2021’’. 2 SEC. 5. SOURCE WATER PETITION PROGRAM. 3 Section 1454 of the Safe Drinking Water Act (42 4 U.S.C. 300j–14) is amended— 5 (1) in subsection (a)— 6 (A) in paragraph (1)(A), in the matter 7 preceding clause (i), by striking ‘‘political sub- 8 division of a State,’’ and inserting ‘‘political 9 subdivision of a State (including a county that 10 is designated by the State to act on behalf of 11 an unincorporated area within that county, with 12 the agreement of that unincorporated area),’’; 13 (B) in paragraph (4)(D)(i), by inserting 14 ‘‘(including a county that is designated by the 15 State to act on behalf of an unincorporated 16 area within that county)’’ after ‘‘of the State’’; 17 and 18 (C) by adding at the end the following: 19 ‘‘(5) SAVINGS PROVISION.—Unless otherwise 20 provided within the agreement, an agreement be- 21 tween an unincorporated area and a county for the 22 county to submit a petition under paragraph (1)(A) 23 on behalf of the unincorporated area shall not au- 24 thorize the county to act on behalf of the unincor- 25 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 3590 RS porated area in any matter not within a program 1 under this section.’’; and 2 (2) in subsection (e), in the first sentence, by 3 striking ‘‘2021’’ and inserting ‘‘2024’’. 4 SEC. 6. ASSISTANCE FOR SMALL AND DISADVANTAGED 5 COMMUNITIES. 6 (a) EXISTING PROGRAMS.—Section 1459A of the 7 Safe Drinking Water Act (42 U.S.C. 300j–19a) is amend- 8 ed— 9 (1) in subsection (b)(2)— 10 (A) in subparagraph (B), by striking 11 ‘‘and’’ at the end; 12 (B) in subparagraph (C), by striking the 13 period at the end and inserting a semicolon; 14 and 15 (C) by adding at the end the following: 16 ‘‘(D) the purchase of point-of-entry or 17 point-of-use filters that are independently cer- 18 tified using science-based test methods for the 19 removal of contaminants of concern; 20 ‘‘(E) investments necessary for providing 21 accurate and current information about— 22 ‘‘(i) the need for filtration, filter safe- 23 ty, and proper maintenance practices; and 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 3590 RS ‘‘(ii) the options for replacing lead 1 service lines (as defined in section 2 1459B(a)) and removing other sources of 3 lead in water; and 4 ‘‘(F) entering into contracts with nonprofit 5 organizations that have water system technical 6 expertise to assist underserved communities. 7 ‘‘(3) CONTRACTING PARTIES.—A contract de- 8 scribed in paragraph (2)(F) may be between a non- 9 profit organization described in that paragraph 10 and— 11 ‘‘(A) an eligible entity; or 12 ‘‘(B) the State of an eligible entity, on be- 13 half of that eligible entity.’’; 14 (2) in subsection (c), in the matter preceding 15 paragraph (1), by striking ‘‘An eligible entity’’ and 16 inserting ‘‘Except for purposes of subsections (j) and 17 (m), an eligible entity’’; 18 (3) in subsection (g)(1), by striking ‘‘to pay not 19 less than 45 percent’’ and inserting ‘‘except as pro- 20 vided in subsection (l)(5) and subject to subsection 21 (h), to pay not less than 10 percent’’; 22 (4) by striking subsection (h) and inserting the 23 following: 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 3590 RS ‘‘(h) WAIVER.—The Administrator may waive the re- 1 quirement under subsection (g)(1).’’; 2 (5) by striking subsection (k) and inserting the 3 following: 4 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 5 are authorized to be appropriated to carry out subsections 6 (a) through (j)— 7 ‘‘(1) $60,000,000 for fiscal year 2021; and 8 ‘‘(2) $100,000,000 for each of fiscal years 2022 9 through 2024.’’; and 10 (6) in subsection (l)— 11 (A) in paragraph (2)— 12 (i) by striking ‘‘The Administrator 13 may’’ and inserting ‘‘The Administrator 14 shall’’; and 15 (ii) by striking ‘‘fiscal years 2019 and 16 2020’’ and inserting ‘‘fiscal years 2021 17 through 2024’’; 18 (B) in paragraph (5), by striking 19 ‘‘$4,000,000 for each of fiscal years 2019 and 20 2020’’ and inserting ‘‘$10,000,000 for each of 21 fiscal years 2021 through 2024’’; 22 (C) by redesignating paragraph (5) as 23 paragraph (6); and 24 VerDate Sep 11 2014 00:33 May 12, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S3590.RS S3590 pbinns on DSKJLVW7X2PROD with BILLS 14 •S 3590 RS (D) by inserting after paragraph (4) the 1 following: 2 ‘‘(5) FEDERAL SHARE FOR UNDERSERVED COM- 3 MUNITIES.— 4 ‘‘(A) IN GENERAL.—Subject to subpara- 5 graph (B), with respect to a program or project 6 that serves an underserved community and is 7 carried out using a grant under this subsection, 8 the Federal share of the cost of the program or 9 project shall be 90 percent. 10 ‘‘(B) WAIVER.—The Administrator may 11 increase the Federal share under subparagraph 12 (A)(ii) to 100 percent.’’. 13 (b) CONNECTION TO PUBLIC WATER SYSTEMS.— 14 Section 1459A of the Safe Drinking Water Act (42 U.S.C. 15 300j–19a) is amended by adding at the end the following: 16 ‘‘(m) CONNECTION TO PUBLIC WATER SYSTEMS.— 17 ‘‘(1) DEFINITIONS.—In this sub [Text truncated for display. 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