H.R. 3291 — what changed

changed Section 1433(g)(6) 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i–2(g)(6)) 300i–2(g)) is amended—

changed Section 1452(j) 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C. 300j–12(j)) 300j–12(d)(2)(A)) is amended by striking “0.33 “35 percent” and inserting “1.5 “40 percent”.

changed Section 1452(m)(1) 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) 300j–12(j)) is amended—amended by striking “0.33 percent” and inserting “1.5 percent”.

removed “(D) $4,140,000,000 for fiscal year 2022;

removed “(E) $4,800,000,000 for fiscal year 2023; and

removed “(F) $5,500,000,000 for each of fiscal years 2024 through 2031.”

added Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) is amended—

removed “(u) Lead service line replacement

removed “(1) In general—In addition to the capitalization grants to eligible States under subsection (a)(1), the Administrator shall offer to enter into agreements with eligible States, Indian Tribes, and the territories described in subsection (j) to make capitalization grants, including letters of credit, to such States, Indian Tribes, and territories under this subsection to fund the replacement of lead service lines.

removed “(2) Allotments

removed “(A) States—Funds made available under this subsection shall be allotted and reallotted to the extent practicable, to States as if allotted or reallotted under subsection (a)(1) as a capitalization grant under such subsection.

removed “(B) Indian Tribes—The Administrator shall set aside 11/2 percent of the amounts made available each fiscal year to carry out this subsection to make grants to Indian Tribes.

removed “(C) Other areas—The funds made available under this subsection shall be allotted to territories described in subsection (j) in accordance with such subsection.

removed “(3) Priority—Each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts made available pursuant to this subsection, which shall—

removed “(A) comply with the requirements of subsection (b)(2); and

removed “(B) provide, to the maximum extent practicable, that priority for the use of funds be given to projects that replace lead service lines serving disadvantaged communities and environmental justice communities.

removed “(4) American made iron and steel and prevailing wages—The requirements of paragraphs (4) and (5) of subsection (a) shall apply to any project carried out in whole or in part with funds made available under this subsection.

removed “(5) Limitation

removed “(A) Prohibition on partial line replacement—None of the funds made available under this subsection may be used for partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered through a publicly or privately owned portion of a lead service line.

removed “(B) No private owner contribution—Any recipient of funds made available under this subsection shall offer to replace any privately owned portion of the lead service line at no cost to the private owner.

removed “(6) State contribution—Notwithstanding subsection (e), agreements under paragraph (1) shall not require that the State deposit in the State loan fund from State moneys any contribution before receiving funds pursuant to this subsection.

removed “(7) Authorization of appropriations

removed “(A) In general—There are authorized to be appropriated to carry out this subsection $4,500,000,000 for each of fiscal years 2022 through 2031. Such sums shall remain available until expended.

removed “(B) Additional amounts—To the extent amounts authorized to be appropriated under this subsection in any fiscal year are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year. Such sums shall remain available until expended.

removed “(8) Definitions—For purposes of this subsection:

removed “(A) Disadvantaged community—The term disadvantaged community has the meaning given such term in subsection (d)(3).

removed “(B) Environmental justice community—The term environmental justice community means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

removed “(C) Lead service line—The term lead service line means a pipe and its fittings, which are not lead free (as defined in section 1417(d)), that connect the drinking water main to the building inlet.”

added “(D) $4,140,000,000 for fiscal year 2022;

added “(E) $4,800,000,000 for fiscal year 2023; and

added “(F) $5,500,000,000 for each of fiscal years 2024 through 2031.”

added “(u) Lead service line replacement

added “(1) In general—In addition to the capitalization grants to eligible States under subsection (a)(1), the Administrator shall offer to enter into agreements with States, Indian Tribes, and the territories described in subsection (j) to make grants, including letters of credit, to such States, Indian Tribes, and territories under this subsection to fund the replacement of lead service lines.

added “(2) Allotments

added “(A) States—Funds made available to carry out this subsection shall be—

added “(i) allotted and reallotted to the extent practicable to States as if allotted or reallotted under subsection (a)(1) as a capitalization grant under such subsection; and

added “(ii) deposited into the State loan fund of a State receiving such funds pursuant to an agreement entered into pursuant to this subsection.

added “(B) Indian Tribes—The Administrator shall set aside 11/2 percent of the amounts made available each fiscal year to carry out this subsection to make grants to Indian Tribes.

added “(C) Other areas—Funds made available to carry out this subsection shall be allotted to territories described in subsection (j) in accordance with such subsection.

added “(3) Grants—Notwithstanding any other provision of this section, funds made available under this subsection shall be used only for providing grants for the replacement of lead service lines.

added “(4) Priority—Each State, Indian Tribe, and territory that has entered into an agreement pursuant to this subsection shall annually prepare a plan that identifies the intended uses of the amounts made available to such State, Indian Tribe, or territory under this subsection, and any such plan shall—

added “(A) not be required to comply with subsection (b)(3); and

added “(B) provide, to the maximum extent practicable, that priority for the use of funds be given to projects that replace lead service lines serving disadvantaged communities and environmental justice communities.

added “(5) Plan for replacement—Each State, Indian Tribe, and territory that has entered into an agreement pursuant to this subsection shall require each recipient of funds made available pursuant to this subsection to submit to the State, Indian Tribe, or territory a plan to replace all lead service lines in the applicable public water system within 10 years of receiving such funds.

added “(6) American made iron and steel and prevailing wages—The requirements of paragraphs (4) and (5) of subsection (a) shall apply to any project carried out in whole or in part with funds made available under or pursuant to this subsection.

added “(7) Limitation

added “(A) Prohibition on partial line replacement—No funds made available pursuant to this subsection may be used for partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered through a publicly or privately owned portion of a lead service line.

added “(B) No private owner contribution—Any recipient of funds made available pursuant to this subsection for lead service line replacement shall offer to replace any privately owned portion of any lead service line with respect to which such funds are used at no cost to the private owner.

added “(8) Disadvantaged community assistance—All funds made available pursuant to this subsection to fund the replacement of lead service lines may be used to replace lead service lines serving disadvantaged communities.

added “(9) State contribution not required—No agreement entered into pursuant to paragraph (1) shall require that a State deposit, at any time, in the applicable State loan fund from State moneys any contribution in order to receive funds under this subsection.

added “(10) Authorization of appropriations

added “(A) In general—There are authorized to be appropriated to carry out this subsection $4,500,000,000 for each of fiscal years 2022 through 2031. Such sums shall remain available until expended.

added “(B) Additional amounts—To the extent amounts authorized to be appropriated under this subsection in any fiscal year are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year. Such sums shall remain available until expended.

added “(11) Definitions—For purposes of this subsection:

added “(A) Disadvantaged community—The term disadvantaged community has the meaning given such term in subsection (d)(3).

added “(B) Environmental justice community—The term environmental justice community means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

added “(C) Lead service line—The term lead service line means a pipe and its fittings, which are not lead free (as defined in section 1417(d)), that connect the drinking water main to the building inlet.”

removed Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section:

removed “1459E. Assistance for community water systems affected by PFAS

removed “(a) Establishment—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies.

removed “(b) Applications

removed “(1) Guidance—Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section.

removed “(2) Required information—The Administrator shall require a community water system applying for a grant under this section to submit—

removed “(A) information showing the presence of a perfluoroalkyl or polyfluoroalkyl substance in water of the community water system; and

removed “(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove all detectable amounts of perfluoroalkyl and polyfluoroalkyl substances.

removed “(c) List of eligible treatment technologies—Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator determines are effective at removing all detectable amounts of perfluoroalkyl and polyfluoroalkyl substances from drinking water.

removed “(d) Priority for funding—In awarding grants under this section, the Administrator shall prioritize affected community water systems that—

removed “(1) serve a disadvantaged community;

removed “(2) will provide at least a 10-percent cost share for the cost of implementing an eligible treatment technology; or

removed “(3) demonstrate the capacity to maintain the eligible treatment technology to be implemented using the grant.

removed “(e) Authorization of appropriations

removed “(1) In general—There is authorized to be appropriated to carry out this section not more than $500,000,000 for each of the fiscal years 2022 through 2031.

removed “(2) Special rule—Of the amounts authorized to be appropriated by paragraph (1), $25,000,000 are authorized to be appropriated for each of fiscal years 2022 and 2023 for grants under subsection (a) to pay for capital costs associated with the implementation of eligible treatment technologies during the period beginning on October 1, 2014, and ending on the date of enactment of this section.

removed “(f) Definitions—In this section:

removed “(1) Affected community water system—The term affected community water system means a community water system that is affected by the presence of a perfluoroalkyl or polyfluoroalkyl substance in the water in the community water system.

removed “(2) Disadvantaged community—The term disadvantaged community has the meaning given that term in section 1452.

removed “(3) Eligible treatment technology—The term eligible treatment technology means a treatment technology included on the list published under subsection (c).”

changed Section 1464(d)(8) 1456 of the Safe Drinking Water Act (42 U.S.C. 300j–24(d)(8)) 300j–16) is amended by striking “and 2021” and inserting “through 2031”.amended—

added “(2) Covered entity—The term covered entity means each of the following:

added “(A) A border State.

added “(B) A local government with jurisdiction over an eligible community.”

changed Section 1465(d) Part E of the Safe Drinking Water Act (42 U.S.C. 300j–25(d)) 300j et seq.) is amended by striking “2021” and inserting “2031”.adding at the end the following new section:

added “1459E. Assistance for community water systems affected by PFAS

added “(a) Establishment—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies.

added “(b) Applications

added “(1) Guidance—Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section.

added “(2) Required information—The Administrator shall require a community water system applying for a grant under this section to submit—

added “(A) information showing the presence of a perfluoroalkyl or polyfluoroalkyl substance in water of the community water system; and

added “(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to meet all applicable standards, and all applicable health advisories published pursuant to section 1412(b)(1)(F), for perfluoroalkyl and polyfluoroalkyl substances.

added “(c) List of eligible treatment technologies—Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator determines are the most effective at removing perfluoroalkyl and polyfluoroalkyl substances from drinking water.

added “(d) Priority for funding—In awarding grants under this section, the Administrator shall prioritize an affected community water system that—

added “(1) serves a disadvantaged community;

added “(2) will provide at least a 10-percent cost share for the cost of implementing an eligible treatment technology;

added “(3) demonstrates the capacity to maintain the eligible treatment technology to be implemented using the grant; or

added “(4) is located within an area with respect to which the Administrator has published a determination under the first sentence of section 1424(e) relating to an aquifer that is the sole or principal drinking water source for the area.

added “(e) Authorization of appropriations

added “(1) In general—There is authorized to be appropriated to carry out this section $500,000,000 for each of the fiscal years 2022 through 2031.

added “(2) Special rule—Of the amounts authorized to be appropriated by paragraph (1), $25,000,000 are authorized to be appropriated for each of fiscal years 2022 and 2023 for grants under subsection (a) to pay for capital costs associated with the implementation of eligible treatment technologies during the period beginning on October 1, 2014, and ending on the date of enactment of this section.

added “(f) Definitions—In this section:

added “(1) Affected community water system—The term affected community water system means a community water system that is affected by the presence of a perfluoroalkyl or polyfluoroalkyl substance in the water in the community water system.

added “(2) Disadvantaged community—The term disadvantaged community has the meaning given that term in section 1452.

added “(3) Eligible treatment technology—The term eligible treatment technology means a treatment technology included on the list published under subsection (c).”

changed Section 2001(d) 1464(d)(8) of America’s the Safe Drinking Water Infrastructure Act of 2018 (Public Law 115–270) (42 U.S.C. 300j–24(d)(8)) is amended by striking “2022” “and 2021” and inserting “2031”.“through 2031”.

changed Section 2020 1464 of America’s the Safe Drinking Water Infrastructure Act of 2018 (Public Law 115–270) (42 U.S.C. 300j–24) is amended—amended by adding at the end the following:

added “(e) Grant program for installation and maintenance of filtration stations

added “(1) Program—The Administrator shall establish a program to make grants to States to assist local educational agencies in voluntary installation and maintenance of filtration stations at schools and child care programs under the jurisdiction of the local educational agencies.

added “(2) Direct grants to local educational agencies—The Administrator may make a grant described in paragraph (1) directly available to—

added “(A) any local educational agency described in clause (i) or (iii) of subsection (d)(1)(B) located in a State that does not participate in the program established under paragraph (1); or

added “(B) any local educational agency described in clause (ii) of subsection (d)(1)(B).

added “(3) Use of funds—Grants made under the program established under this subsection may be used to pay the costs of—

added “(A) installation and maintenance of filtration stations at schools and child care programs; and

added “(B) annual testing of drinking water at such schools and child care programs following the installation of filtration stations.

added “(4) Priority—In making grants under the program established under this subsection, the Administrator shall give priority to States and local educational agencies that will assist in voluntary installation and maintenance of filtration stations at schools and child care programs that are in low-income areas.

added “(5) Guidance—Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish guidance to carry out the program established under this subsection.

added “(6) No prior testing required—The program established under this subsection shall not require testing for lead contamination in drinking water at schools and child care programs prior to participation in such program.

added “(7) Definitions—In this subsection:

added “(A) Child care program and local educational agency—The terms child care program and local educational agency have the meaning given such terms in subsection (d).

added “(B) Filtration station—The term filtration station means an apparatus that—

added “(i) is connected to building plumbing;

added “(ii) is certified to the latest version of NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class I) by a certification body accredited by the American National Standards Institute National Accreditation Board;

added “(iii) has an indicator to show filter performance;

added “(iv) can fill bottles or containers for water consumption; and

added “(v) allows users to drink directly from a stream of flowing water.

added “(8) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2022 through 2031.”

removed “(c) Assistance for territories—The Administrator may use funds made available under subsection (f)(1) to make grants to Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations.”

removed Section 1412(b)(6) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(6)) is repealed.

Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et seq.) is amended by adding at the end the following new section:

“1466. Emergency relief program

changed “(a) Emergency relief program—The Administrator shall establish and carry out a residential emergency relief program to provide payments to public water systems to reimburse such public water systems for providing forgiveness of arrearages and fees incurred by eligible residential customers before the date of enactment of this section to help such eligible residential customers retain retain, or reconnect or restore, water service.

“(b) Conditions—To receive funds under this section, a public water system shall agree to—

changed “(1) except as otherwise provided in paragraph (2), this section, use such funds to forgive all arrearages and fees relating to nonpayment or arrearages incurred by eligible residential customers before the date of enactment of this section;

changed “(2) if forgiveness of all arrearages and fees described in paragraph (1) is not possible given the amount of funds received, except as otherwise provided in this section, use such funds to reduce such arrearages and fees for each eligible residential customer by, to the extent practicable, a consistent percentage;

changed “(3) take no action that negatively affects the credit score of an eligible residential customer, or pursue any type of collection action against such eligible residential customer, during the 5-year period that begins on the date on which the public water system receives such funds; andfunds;

changed “(4) not disconnect or interrupt the service of any eligible residential customer as a result of nonpayment or arrearages during such 5-year period.period; and

added “(5) provide to the Administrator such information as the Administrator determines appropriate.

“(c) Eligible customers—To be eligible for forgiveness or reduction of arrearages and fees pursuant to the program established under subsection (a), a residential customer of a public water system shall have accrued new arrearages on or after March 1, 2020.

added “(d) Reconnection expenses—The Administrator, or a State that is, pursuant to subsection (e), implementing the program established under subsection (a), may authorize a public water system receiving funds under this section to use up to 5 percent of such funds for expenses relating to reconnecting or restoring water service, including expenses relating to plumbing repairs and pipe flushing, as needed, for eligible residential customers.

added “(e) Administrative expenses—The Administrator may authorize—

removed “(d) Administrative expenses—The Administrator may authorize—

“(1) States to implement the program established under subsection (a); and

“(2) a State implementing such program to use up to 4 percent of funds made available to carry out such program in such State for administrative expenses.

added “(f) Submissions to Congress—Not later than 180 days after the date of enactment of this section, and every other month thereafter until all amounts made available under this section are expended, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—

added “(1) each public water system that received a payment under or pursuant to this section;

added “(2) the total amount of each payment provided under or pursuant to this section;

added “(3) for each public water system receiving a payment under or pursuant to this section—

added “(A) the amount of arrearages and fees forgiven or reduced;

added “(B) the number of eligible residential customers benefitting from forgiveness or reduction of arrearages and fees under this section;

added “(C) the amount of arrearages and fees of customers described in subparagraph (B) incurred before the date of enactment of this section that remain outstanding;

added “(D) the number of eligible residential customers that did not benefit from forgiveness or reduction of arrearages and fees under this section; and

added “(E) the amount of arrearages and fees of customers described in subparagraph (D) incurred before the date of enactment of this section that remain outstanding; and

added “(4) a summary of any other information provided to the Administrator by public water systems that receive a payment pursuant to this section.

added “(g) Authorization of appropriations—There is authorized to be appropriated to carry out this section $4,000,000,000, to remain available until expended.”

removed “(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $4,000,000,000, to remain available until expended.”