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Title II — Reforming lead notification, testing, and transparency

S. 2821 · 114th Congress · Apr 20, 2016 · Lineage

II Reforming lead notification, testing, and transparency

A Elevated blood lead levels

2101. State reporting of elevated blood lead levels

(a)
In general— Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall establish procedures under which a State shall, on a quarterly basis, report to the Director the number of residents of the State under 2 years of age who have elevated blood lead levels.
(b)
Identification and investigation— The Director of the Centers for Disease Control and Prevention, based on the reports received under subsection (a), shall identify specific areas where children with high blood lead levels are concentrated and conduct an investigation to determine the sources of lead in such areas.
(c)
Authorization of appropriations— There is authorized to be appropriated, such sums as may be necessary to carry out this section.

B Lead and copper regulations

2201. Lead and copper in drinking water

(a)
Regulations required— Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is amended—
(1)
by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and
(2)
by inserting after paragraph (13) the following:

“(14) Lead and copper in drinking water—Not later than 180 days after the date of enactment of the True LEADership Act of 2016, the Administrator shall promulgate lead and copper regulations that—

“(A) based on the amount of lead that would result in a blood lead level greater than 5 micrograms per deciliter in any healthy infant with an average blood lead level who consumes infant formula made with water, establish a household action level for priority setting for lead and copper that triggers—

“(i) not later than 28 days after the date on which the household action level is reached, plain-language consumer notification that is culturally and linguistically appropriate;

“(ii) a report to the appropriate public health agency; and

“(iii) an examination by the public water system of service line material, and the prioritization of the removal by the public water system, of any lead portion of the service line;

“(B) provide for frequent and culturally and linguistically appropriate multi-media outreach in plain language about the health risk and protection available to—

“(i) consumers with known or suspected full or partial lead service lines;

“(ii) public and private institutions and facilities that serve individuals of any other vulnerable population, including—

“(I) children;

“(II) pregnant women; and

“(III) an immunocompromised population, such as—

“(aa) individuals living with auto immune deficiency syndrome or human immunodeficiency virus; and

“(bb) the elderly; and

“(iii) caregivers and healthcare providers for any individual described in clause (i) or (ii);

“(C) require, for each monitoring period, each public water system to publish on a publicly accessible website of the public water system, or distribute by carrier route presort if the public water system does not maintain a publicly accessible website, or distribute door-to-door if a substantial portion of the population served by the public water system does not have access to the Internet or is elderly—

“(i) the number of households served by the public water system that have a household action level that is greater than the household action level established by the Administrator under subparagraph (A);

“(ii) all levels of lead and copper found in each monitoring period; and

“(iii) the most recent 90th percentile levels for lead and copper, as compared to the system action levels for lead and copper;

“(D) in the case of a community that has a lead service line, require the public water system to provide a public statement of lead service line ownership that includes the legal basis of that determination of ownership;

“(E) modify lead monitoring requirements to provide for—

“(i) voluntary consumer-requested tap sampling for lead; and

“(ii) the use of any result of a tap sample described in clause (i)—

“(I) to inform—

“(aa) consumer action to reduce the risk of lead in the home of the consumer; and

“(bb) in the case of a tap sample that is higher than the household action level established in subparagraph (A), the consumer and the appropriate public health agency; and

“(II) to assess—

“(aa) if the tap sample meets the site selection criteria described in the regulations issued by the Administrator for the control of lead and copper, the effectiveness of corrosion control treatment; or

“(bb) any other potential cause of an elevated lead level; and

“(F) are periodically reviewed and revised in accordance with paragraph (9), including the revision of the household action level established by the Administrator under subparagraph (A) to require action based on the quantity of lead in drinking water that would result in a blood lead level, for any healthy infant with an average blood lead level who consumes infant formula made with water, equal to not less than the national 97.5th percentile for childhood blood lead level.”

(b)
Conforming amendments— Section 1415(e) of the Safe Drinking Water Act (42 U.S.C. 300g–4(e)) is amended—
(1)
in paragraph (2)(A), by striking “1412(b)(15)” and inserting “1412(b)(16)”; and
(2)
in paragraph (7)(A)—
(A)
in clause (ii), by striking “1412(b)(15)” and inserting “1412(b)(16)”; and
(B)
in clause (iii), by striking “1412(b)(15)(A)” and inserting “1412(b)(16)(A)”.
(c)
Savings clause— Nothing in this Act, or the amendments made by this Act, authorizes or requires the elimination or weakening of any requirement or health protection relating to lead and copper under part 141 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).

C Drinking water regulations

2301. Enforcement of drinking water regulations

(a)
Exceedance of lead action level— Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—
(1)
in paragraph (1), by adding at the end the following:

“(D) Notice of any exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412, including the concentrations of lead found in a monitoring activity.”

(2)
in paragraph (2)—
(A)
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(B)
by inserting after subparagraph (C) the following:

“(D) Exceedance of lead action level—Regulations issued under subparagraph (A) shall specify notification procedures for an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412.”

(3)
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(4)
by inserting after paragraph (2) the following:

“(3) Notification of the public relating to lead

“(A) Exceedance of lead action level—Not later than 15 days after the date of an exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section 1412, the Administrator shall notify the public of the concentrations of lead found in the monitoring activity conducted by the public water system if the public water system or the State does not notify the public of the concentrations of lead found in a monitoring activity.

“(B) Results of lead monitoring

“(i) In general—The Administrator may provide notice of any result of lead monitoring conducted by a public water system to—

“(I) any person that is served by the public water system; or

“(II) the local or State health department of a locality or State in which the public water system is located.

“(ii) Form of notice—The Administrator may provide the notice described in clause (i) by—

“(I) press release; or

“(II) other form of communication, including local media.”

(b)
Conforming amendments— Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—
(1)
in paragraph (1)(C), by striking “paragraph (2)(E)” and inserting “paragraph (2)(F)”;
(2)
in paragraph (2)(B)(i)(II), by striking “subparagraph (D)” and inserting “subparagraph (E)”; and
(3)
in paragraph (3)(B), in the first sentence, by striking “(D)” and inserting “(E)”.

D Contaminant and lead electronic accounting and reporting requirements

2401. Assistance for disadvantaged communities

(a)
Assistance To increase compliance with national drinking water standards— Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended—
(1)
in subsection (b)(3), by adding at the end the following:

“(C) Assistance to increase compliance—An intended use plan shall provide that, of the funds received by the State in a fiscal year through a capitalization grant under this section, the State shall, to the extent that the State receives sufficient eligible project applications, reserve not less than 6 percent of those funds to provide assistance under subsection (d) to one or more public water systems described in a list included in an intended use plan under paragraph (2)(D).”

(2)
in subsection (d)—
(A)
by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (1), respectively;
(B)
by moving the paragraphs so as to appear in numerical order;
(C)
in paragraph (1) (as redesignated by subparagraph (A))—
(i)
in the first sentence—
(I)
by striking “In this subsection” and inserting the following:

“(A) In general—In this subsection”

(II)
by inserting “, or a portion of the service area,” after “service area”; and
(ii)
in the second sentence, by striking “The Administrator” and inserting the following:

“(B) Affordability criteria for disadvantaged communities

“(i) In general—In establishing affordability criteria, each State that has entered into a capitalization agreement under this section shall consider, solicit public comment on, and include in the affordability criteria, as appropriate—

“(I) the methods or criteria that the State intends to use to identify disadvantaged communities;

“(II) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local level that affect the affordability criteria; and

“(III) a description of the manner in which the State will assist a disadvantaged community under this subsection.

“(ii) Assistance to States—The Administrator”

(D)
in paragraph (2) (as redesignated by subparagraph (A))—
(i)
by striking “Notwithstanding” and inserting the following:

“(A) Additional subsidization—Notwithstanding”

(ii)
by adding at the end the following:

“(B) Direct and primary benefit—Any additional subsidization provided under subparagraph (A) shall directly and primarily benefit the disadvantaged community.”

(E)
in paragraph (3) (as redesignated by subparagraph (A)), by striking “paragraph (1)” and inserting “paragraph (2)”.
(b)
Conforming amendment— Section 1452(f)(1)(B) of the Safe Drinking Water Act (42 U.S.C. 300j–12(f)(1)(B)) is amended by striking “subsection (d)(3)” and inserting “subsection (d)(1)”.

2402. Drinking water quality improvement for minority, tribal, and low-income communities

(a)
Definitions— In this section:
(1)
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
(2)
Water quality testing— The term water quality testing means the testing of drinking water for the presence of lead or any other contaminant that poses a public health risk.
(b)
Formal guidance— The Administrator shall issue formal guidance to develop a process to protect and improve the drinking water of minority, tribal, and low-income communities.
(c)
Expedited water quality testing—
(1)
In general— In developing the process described in subsection (b), the Administrator shall establish and maintain, within the Office of Environmental Justice of the Environmental Protection Agency, a process by which a minority, tribal, or low-income community, as defined by the Director of the Office of Environmental Justice of the Environmental Protection Agency, may request expedited water quality testing of the drinking water of the community for the presence of lead or any other contaminant that poses a public health risk to individuals in the community.
(2)
Results— The Administrator shall provide to the requestor the results of an expedited water quality testing carried out in accordance with paragraph (1) in a timely manner.
(3)
Website— The Administrator shall develop and maintain a publicly accessible website through which a request for expedited water quality testing in accordance with paragraph (1) may be submitted, in compliance with applicable Federal law (including regulations) and policies relating to the protection of individual privacy.
(4)
Performance measure—
(A)
In general— The Administrator shall develop a performance measure for the expedited water quality testing carried out in accordance with paragraph (1) to determine the average number of days between the date of submission of a request for expedited water quality testing and the date of completion of a request.
(B)
Reporting— The performance measure described in subparagraph (A) shall be published on the website described in paragraph (3) not less frequently than once each calendar year.
(d)
Electronic database— The Administrator shall develop and maintain an electronic database of water quality and health screening tests that includes the results of any—
(1)
water system supplier water quality test required under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(2)
health screening, including blood lead test results, aggregated not less frequently than once each month on a geographic scale not smaller than county level, to be coordinated with the Director of the Centers for Disease Control and Prevention, required under section 317A of the Public Health Service Act (42 U.S.C. 247b–l) and in accordance with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 et seq.); and
(3)
expedited water quality testing carried out in accordance with subsection (c)(1).
(e)
Regional liaison—
(1)
In general— In developing the process described in subsection (b), the Administrator shall ensure that not fewer than 1 employee in each regional office of the Environmental Protection Agency will serve as a liaison to minority, tribal, and low-income communities in the relevant region.
(2)
Public identification— The Administrator shall prominently identify each regional liaison selected under paragraph (1) on the website of—
(A)
the relevant regional office of the Environmental Protection Agency; and
(B)
the Office of Environmental Justice of the Environmental Protection Agency.
(f)
Community partnership— The Administrator may make grants to community organizations that represent, operate in, or serve a minority, tribal, or low-income community, as determined by the Administrator, to educate the residents of the community on—
(1)
contaminants in drinking water that may have an adverse effect on human health; and
(2)
assistance that the Administrator may provide to residents to identify and address a drinking water contaminant that may have an adverse effect on human health.
(g)
Public interest science partnerships— The Administrator may create a partnership with an academic or research institution, including another Federal agency, to conduct or promote science that serves the public interest by sharing data or costs or engaging in any other activity of mutual benefit—
(1)
to identify—
(A)
any contaminant in drinking water that may have an adverse effect on human health; and
(B)
a significant public health crisis caused by any violation or contamination that—
(i)
has the potential to have a serious adverse effect on human health that requires notice under section 1414(c)(2)(C) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)(2)(C)); or
(ii)
may present an imminent and substantial endangerment to the health of persons (within the meaning of section 1431(a) of the Safe Drinking Water Act (42 U.S.C. 300i(a))); and
(2)
to measure the risk that a minority, tribal, or low-income community faces from contaminants in drinking water that may have an adverse effect on human health.
(h)
Authorization of appropriations— There are authorized to be appropriated for the period of fiscal years 2018 through 2022—
(1)
to carry out subsection (c), $2,000,000;
(2)
to provide grants to community partners to carry out subsection (f), $5,000,000; and
(3)
to carry out subsection (g), $10,000,000.

2403. Compliance and inspections of public water supplies

(a)
Reporting noncompliance— Section 1452(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(2)) is amended—
(1)
in subparagraph (B), by striking “and” at the end;
(2)
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(D) a list that includes—

“(i) any public water system in the State that—

“(I) has in effect an exemption or variance for any national primary drinking water regulation;

“(II) is in persistent violation of any requirement for a maximum contaminant level or treatment technique under a national primary drinking water regulation; or

“(III) the State or Administrator determines may present an imminent and substantial endangerment to the health of persons (within the meaning of section 1431(a));

“(ii) the relevant national primary drinking regulation for the exemption, variance, or violation; and

“(iii)

“(I) the effective date of the exemption or variance; or

“(II) the date on which the persistent violation began.”

(b)
Advice and technical assistance— Section 1414(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300g–3(a)(1)) is amended—
(1)
in subparagraph (A)—
(A)
in the undesignated matter preceding clause (i), by striking “Whenever” and inserting “The Administrator shall notify the State and the public water system of noncompliance by the public water system if ”;
(B)
in clause (ii), by striking “pursuant thereto,” and inserting “in accordance with that variance or exemption.”; and
(C)
by striking the undesignated matter following clause (ii); and
(2)
by adding at the end the following:

“(C) Advice and technical assistance

“(i) In general—After providing notice of noncompliance to the State and the public water system under subparagraph (A), the Administrator may provide such advice and technical assistance to the State and public water system as the Administrator determines appropriate to bring the public water system into compliance with the variance or exemption by the earliest date feasible.

“(ii) Considerations—In making a determination to provide advice and technical assistance under clause (i), the Administrator may consider—

“(I) the potential for the noncompliance to result in a serious adverse effect to human health;

“(II) whether the noncompliance has occurred continuously or frequently; and

“(III) the effectiveness of any past technical assistance effort.”

(c)
Additional inspections— Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended—
(1)
by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
(2)
by inserting after subsection (c) the following:

“(d) Additional inspections after a violation

“(1) In general—After consultation with the States, the Administrator shall, by regulation, prescribe the number, frequency, and type of additional inspections that shall be carried out after any violation that requires notice under subsection (c).

“(2) Regulations—The regulations issued under paragraph (1) shall—

“(A) take into account—

“(i) the difference between—

“(I) intermittent or infrequent violations; and

“(II) continuous or frequent violations;

“(ii) the seriousness of any potential adverse health effect that may be related to a violation; and

“(iii) the number and severity of a past violation by a public water system; and

“(B) specify the procedure for an inspection after a violation by a public water system that has the potential to cause a serious adverse effect on human health due to short-term exposure to a contaminant.”

(3)
Conforming amendments—
(A)
Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended—
(i)
in subsection (a)—
(I)
in paragraph (1)(B), by striking “subsection (g)” and inserting “subsection (h)”; and
(II)
in paragraph (2)(A), in the undesignated matter following clause (ii), by striking “subsection (g)” and inserting “subsection (h)”; and
(ii)
in subsection (b), in the undesignated matter preceding paragraph (1), by striking “subsection (g)” and inserting “subsection (h)”.
(B)
Section 1448(a) of the Safe Drinking Water Act (42 U.S.C. 300j–7(a)) is amended in the third sentence of the undesignated matter following paragraph (2) by striking “1414(g)(3)(B)” and inserting “1414(h)(3)(B)”.

2404. Electronic reporting of test results

Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g–3) (as amended by section 2403(c)(1)) is amended by adding at the end the following:

“(k) Electronic reporting of compliance monitoring data—Not later than 1 year after the date of enactment of this subsection, the Administrator shall issue a final rule that establishes requirements for electronic submission—

“(1) by public water systems of all compliance monitoring data—

“(A) to the Administrator; or

“(B) with respect to a public water system in a State that has primary enforcement responsibility under section 1413, to that State; and

“(2) by each State that has primary enforcement responsibility under section 1413 to the Administrator all compliance monitoring data submitted by a public water system to the State under paragraph (1)(B).”

2405. Priority of applications

Section 1452(b)(3)(A) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)(A)) is amended—
(1)
in clause (ii), by striking “and” at the end;
(2)
in clause (iii), by striking the period at the end and inserting a semicolon; and
(3)
by inserting at the end the following:

“(iv) improve—

“(I) real-time continuous on-site electronic monitoring; or

“(II) transmission of testing results; and

“(v) improve the ability of a public water system—

“(I) to protect human health; and

“(II) to comply with this title in manner that is affordable.”

2406. Notification of the Centers for Disease Control and Prevention and State health agencies

Section 1414(c)(2)(C) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)(2)(C)) is amended—
(1)
in clause (iii)—
(A)
by striking “Administrator or” and inserting “Administrator, the Director of the Centers for Disease Control and Prevention, and, if applicable, ”;
(B)
by inserting “and the appropriate State and county health agencies” after “1413”; and
(C)
by striking “and” at the end;
(2)
by redesignating clause (iv) as clause (v); and
(3)
by inserting after clause (iii) the following:

“(iv) be provided to each person served by the public water system—

“(I) in the first billing statement that the public water system prepares after the date on which the violation occurs; and

“(II) in a manner consistent with clause (ii); and”

E Grants for Lead Testing in Schools

2501. Lead testing in school and child care drinking water

(a)
In general— Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–24) is amended by striking subsection (d) and inserting the following:

“(d) Voluntary school and child care lead testing grant program

“(1) Definitions—In this subsection:

“(A) Child care program—The term child care program has the meaning given the term early childhood education program in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

“(B) Local educational agency—The term local educational agency means—

“(i) a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

“(ii) a tribal education agency (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)); and

“(iii) an operator of a child care program facility.

“(2) Establishment

“(A) In general—Not later than 180 days after the date of enactment of the True LEADership Act of 2016, the Administrator shall establish a voluntary school and child care lead testing grant program to make grants available to States to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the local educational agencies.

“(B) Grants to local educational agencies—The Administrator may make grants directly available to local educational agencies for the voluntary testing described in subparagraph (A) in—

“(i) any State that does not participate in the voluntary school and child care lead testing grant program established under that subparagraph; and

“(ii) any direct implementation area.

“(3) Application—To be eligible to receive a grant under this subsection, a State or local educational agency shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

“(4) Use of funds

“(A) In general—A State or local educational agency that receives a grant under this subsection may use grant funds for the voluntary testing described in paragraph (2)(A).

“(B) Limitation—Not more than 5 percent of grant funds accepted under this subsection shall be used to pay the administrative costs of carrying out this subsection.

“(5) Guidance; public availability—As a condition of receiving a grant under this subsection, the State or local educational agency shall ensure that each local educational agency to which grant funds are distributed shall—

“(A) expend grant funds in accordance with—

“(i) the guidance of the Environmental Protection Agency entitled “3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance” and dated October 2006 (or any successor guidance); or

“(ii) applicable State regulations or guidance regarding reducing lead in drinking water in schools and child care programs that is not less stringent than the guidance referred to in clause (i); and

“(B)

“(i) make available in the administrative offices, and to the maximum extent practicable, on the Internet website, of the local educational agency for inspection by the public (including teachers, other school personnel, and parents) a copy of the results of any voluntary testing for lead contamination in school and child care program drinking water that is carried out with grant funds under this subsection; and

“(ii) notify parent, teacher, and employee organizations of the availability of the results described in clause (i).

“(6) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $100,000,000 for fiscal year 2017 and each fiscal year thereafter.”

(b)
Repeal— Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j–25) is repealed.