Get the Lead Out Act

I 116TH CONGRESS 2D SESSION H. R. 7918 To amend the Safe Drinking Water Act with respect to replacement of lead service lines, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 31, 2020 Mr. SMITH of New Jersey (for himself and Mr. CUELLAR) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act with respect to replacement of lead service lines, 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 ‘‘Get the Lead Out 4 Act’’. 5 SEC. 2. PLANS FOR REPLACEMENT OF LEAD SERVICE 6 LINES. 7 (a) IN GENERAL.—Part E of the Safe Drinking 8 Water Act (42 U.S.C. 300j et seq.) is amended by adding 9 at the end the following: 10 VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7918 IH ‘‘SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. 1 ‘‘(a) PLANS.— 2 ‘‘(1) SUBMISSION.— 3 ‘‘(A) IN GENERAL.—Not later than 1 year 4 after the date of enactment of this section, each 5 community water system serving a population 6 of 3,300 or more shall submit to the Adminis- 7 trator a plan to inventory and replace all the 8 lead service lines of the community water sys- 9 tem, including the portions of such lead service 10 lines that are owned by the community water 11 system and any remaining portions of such lead 12 service lines. 13 ‘‘(B) SMALL SYSTEMS.—The Adminis- 14 trator shall require community water systems 15 serving fewer than 3,300 persons to submit a 16 plan under this section at such time as the Ad- 17 ministrator determines appropriate. 18 ‘‘(2) INCLUSIONS.—Each plan submitted under 19 this subsection shall include a plan and schedule 20 for— 21 ‘‘(A) notifying persons served by the appli- 22 cable community water system that, if author- 23 ized, the community water system will install 24 interim filters that meet the criteria under 25 paragraph (3) on all drinking water taps served 26 VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7918 IH by the community water system with lead serv- 1 ice lines; 2 ‘‘(B) installing such interim filters; and 3 ‘‘(C) replacing all the lead service lines of 4 the community water system not later than 10 5 years after such plan is approved. 6 ‘‘(3) FILTER CRITERIA.—Interim filters, and 7 any replacement thereof, installed pursuant to a 8 plan under this section— 9 ‘‘(A) shall— 10 ‘‘(i) be certified as compliant with 11 NSF International/American National 12 Standards Institute (‘ANSI’) Standard 13 53–2017, ‘Drinking Water Treatment 14 Units—Health Effects’, published by NSF 15 International; and 16 ‘‘(ii) incorporate an integral perform- 17 ance indication device as specified in sec- 18 tion 6.1 of NSF/ANSI standard 53–2017; 19 or 20 ‘‘(B) shall be certified as compliant with 21 any standards adopted by NSF International, 22 ANSI, or the Agency that are more stringent 23 than the standards under subparagraph (A). 24 VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7918 IH ‘‘(b) APPROVAL.—Not later than 6 months after a 1 community water system submits a plan under this sec- 2 tion, the Administrator shall approve the plan or notify 3 the community water system in writing of revisions the 4 Administrator determines necessary to approve the plan. 5 ‘‘(c) IMPLEMENTATION.—Not later than 10 years 6 after a plan under this section of a community water sys- 7 tem is approved by the Administrator, the community 8 water system shall submit to the Administrator a certifi- 9 cation that all the lead service lines of the community 10 water system have been replaced except for any lead serv- 11 ice line not owned by the community water system and 12 with respect to which the owner has declined replacement 13 by the community water system. 14 ‘‘(d) EXTENSION.— 15 ‘‘(1) APPLICATION.—A community water sys- 16 tem may submit an application to the Administrator 17 for an extension of the 10-year deadline described in 18 subsection (c). 19 ‘‘(2) APPROVAL.—The Administrator shall ap- 20 prove an application for an extension under para- 21 graph (1) only if— 22 ‘‘(A) the community water system submit- 23 ting the application has held a public hearing 24 VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7918 IH and solicited public comment prior to submit- 1 ting the application; and 2 ‘‘(B) the Administrator determines that 3 lead service line replacement by the community 4 water system is not feasible by the 10-year 5 deadline described in subsection (c). 6 ‘‘(3) PERIOD OF EXTENSION.—The Adminis- 7 trator may only grant an extension under this sub- 8 section for the minimum period of time necessary for 9 the applicable community water system to replace all 10 lead service lines of the community water system. 11 ‘‘(e) ENFORCEMENT AUTHORITY.—The Adminis- 12 trator may take action to enforce a requirement of this 13 section pursuant to section 1414(a)(2) with respect to a 14 community water system in a State regardless of whether 15 the State has primary enforcement responsibility for pub- 16 lic water systems. 17 ‘‘(f) DEFINITION.—In this section, the term ‘lead 18 service line’ has the meaning given such term in section 19 1459B(a). 20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 21 is authorized to be appropriated to carry out this section 22 $10,000,000 for each of fiscal years 2021 and 2022.’’. 23 VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7918 IH (b) ENFORCEMENT.—Section 1414(i)(1) of the Safe 1 Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is amended 2 by striking ‘‘or 1445’’ and inserting ‘‘1445, or 1459E’’. 3 SEC. 3. AUTHORIZATIONS. 4 (a) STATE REVOLVING LOAN FUNDS.—Section 5 1452(m)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 6 300j–12(m)(1)(C)) is amended by striking 7 ‘‘$1,950,000,000 for fiscal year 2021’’ and inserting 8 ‘‘$6,600,000,000 for each of fiscal years 2021 and 2022’’. 9 (b) REDUCING LEAD IN DRINKING WATER.—Sub- 10 section (d) of section 1459B of the Safe Drinking Water 11 Act (42 U.S.C. 300j–19b) is amended to read as follows: 12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 13 is authorized to be appropriated to carry out this section— 14 ‘‘(1) $60,000,000 for each of fiscal years 2017 15 through 2020; and 16 ‘‘(2) $80,000,000 for each of fiscal years 2021 17 and 2022.’’. 18 Æ VerDate Sep 11 2014 01:17 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7918.IH H7918 kjohnson on DSK79L0C42PROD with BILLS