Safe and Fair Elimination of Taps with Lead Service Lines Act

The presence of lead in drinking water poses a grave and ongoing threat to public health in the United States. The Environmental Protection Agency and the Centers for Disease Control and Prevention agree that there is no known safe level of lead exposure, which causes irreversible neurological damage in children and serious health conditions in adults.

Lead service lines, which connect drinking water mains to millions of homes, schools, and childcare facilities, are the most significant source of lead contamination in drinking water. The Environmental Protection Agency estimates that 9.2 million lead service lines serve water to buildings in communities across the United States.

The Environmental Protection Agency, through subpart I of part 141 of title 40, Code of Federal Regulations, has mandated the full replacement of most lead service lines within a 10-year period, placing a significant legal and financial obligation on units of local governments and public water systems.

While State revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) are a critical tool to finance water infrastructure, the primary structure of such funds as a loan program is inadequate to meet the needs of many communities facing the lead service line replacement mandate under subpart I of part 141 of title 40, Code of Federal Regulations. Financially distressed and disadvantaged communities often lack the debt capacity to accept loans or the technical capacity to navigate the complex application process under a State revolving loan fund.

The funds made available for lead service line replacement projects and associated activities by the Infrastructure Investment and Jobs Act (Public Law 117–58) provided a historic and vital down payment for lead service line replacement, but the overwhelming demand for these funds demonstrated that a substantial funding gap remains and that a loan-based system presents significant barriers to the most vulnerable communities.

In many older communities, lead service lines are connected to aging drinking water mains that are also at or near the end of their useful life. Forcing municipalities to replace lead service lines without addressing these deteriorating drinking water mains is fiscally inefficient and fails to ensure the long-term integrity of the water system.

A dedicated Federal grant program is therefore necessary to ensure the equitable, efficient, and timely replacement of all lead service lines and drinking water mains that are not lead free to protect public health, to achieve compliance with subpart I of part 141 of title 40, Code of Federal Regulations, and to advance environmental justice for all Americans.

Establishment— The Administrator shall establish a program to provide grants, subject to the availability of appropriations, to eligible recipients to pay for eligible project costs.

Labor standards— All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work financed in whole or in part with a grant provided under the program shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”).

Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.

Eligible project costs— The term eligible project costs means costs to—

Eligible recipient— The term eligible recipient means—

Lead free— The term lead free has the meaning given such term in section 1417(d)(1) of the Safe Drinking Water Act (42 U.S.C. 300g–6(d)(1)).

Lead service line— The term lead service line has the meaning given such term in section 1459B(a) of the Safe Drinking Water Act (42 U.S.C. 300j–19b(a)).

Program— The term program means the program established under section 3(a).

Public water system— The term public water system has the meaning given such term in section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).