Water Access and Affordability Act
A BILL
To establish a low-income water assistance program, and for other purposes.
Sec. 2 Findings
Sec. 3 Low-income water assistance program
Sec. 4 State revolving loan funds
“(4) Public review and comment—In preparing an intended use plan under paragraph (1), a State shall—
“(A) before adopting a final plan—
“(i) make a draft of the plan, and instructions for how to provide comments on the draft, available on a publicly accessible website;
“(ii) provide a minimum of 30 days for public comment on the draft;
“(iii) provide written responses to timely submitted written public comments on the draft; and
“(iv) after providing such written responses, hold at least one public hearing on the draft;
“(B) make the final plan available on a publicly accessible website; and
“(C) allow for submission of applications for financial and technical assistance at any time.
“(5) Transparency and evaluation
“(A) Regulations
“(i) Promulgation—Not later than one year after the date of enactment of this paragraph, the Administrator shall promulgate regulations to increase transparency and promote evaluation of—
“(I) the distribution by States of the amounts available to the State loan fund among the intended uses identified in a plan under this subsection; and
“(II) the criteria and methods established by States under paragraph (2)(B) for the distribution of funds.
“(ii) Inclusions—The Administrator shall include in the regulations promulgated under clause (i)—
“(I) a requirement that States provide to the Administrator data about—
“(aa) funded and unfunded projects that are eligible for assistance from the State loan fund; and
“(bb) the geographic and socioeconomic distribution of such funded projects, including the amount and percentage of assistance allocated to projects that serve disadvantaged communities;
“(II) creation of a central online repository for intended use plans and data provided pursuant to subclause (I); and
“(III) creation of an advisory group within each State to provide advice and recommendations on intended use plans, State loan fund policies, and implementation of such plans and policies.
“(B) Annual report—The Administrator shall make available on a publicly accessible website an annual report, prepared based on the data provided pursuant to subparagraph (A)(ii)(I) and feedback from State advisory groups created under subparagraph (A)(ii)(III), which shall include—
“(i) information on and analysis of the use by each State of the amounts available to the State loan fund of the State, including, for each State, the amount of assistance provided under this section, and the number of public water systems receiving such assistance;
“(ii) data and metrics on disadvantaged communities served and technical assistance and outreach efforts; and
“(iii) ongoing challenges at the national and State level.”
“(4) Additional requirements—Not later than one year after the date of enactment of this paragraph, the Administrator shall promulgate regulations to expedite the provision of assistance to, and provide flexible repayment options for, disadvantaged communities receiving assistance under this section.”
“(D) Review and revision—Each State shall, during calendar year 2027 and every three years thereafter, conduct a review of, and if appropriate revise, the affordability criteria established by the State under this paragraph.
“(E) Additional requirements—Not later than one year after the date of enactment of this subparagraph, the Administrator shall promulgate regulations to expedite the provision by a State of assistance to, and flexible repayment options for, municipalities that meet the affordability criteria established by the State under this paragraph.”
“(g) Public comment and review—In preparing an intended use plan under subsection (c), a State shall—
“(1) before adopting a final plan—
“(A) make a draft of the plan, and instructions for how to provide comments on the draft, available on a publicly accessible website;
“(B) provide a minimum of 30 days for public comment on the draft;
“(C) provide written responses to timely submitted written public comments on the draft; and
“(D) after providing such written responses, hold at least one public hearing on the draft;
“(2) make the final plan available on a publicly accessible website; and
“(3) allow for submission of applications for financial and technical assistance at any time.
“(h) Transparency and evaluation
“(1) Regulations
“(A) Promulgation—Not later than one year after the date of enactment of this subsection, the Administrator shall promulgate regulations to increase transparency and promote evaluation of—
“(i) the distribution by States of the amounts available to the State water pollution control revolving fund among the intended uses identified in a plan under subsection (c); and
“(ii) the criteria and methods established by States under subsection (c)(5) for the distribution of funds.
“(B) Inclusions—The Administrator shall include in the regulations promulgated under subparagraph (A)—
“(i) a requirement that States provide to the Administrator, in each annual report provided under subsection (d), data about—
“(I) funded and unfunded projects that are eligible for assistance from the State water pollution control revolving fund; and
“(II) the geographic and socioeconomic distribution of such funded projects, including the amount and percentage of assistance allocated to projects that serve municipalities that meet the affordability criteria established by the State under section 603(i)(2);
“(ii) creation of a central online repository for intended use plans and data provided pursuant to clause (i); and
“(iii) creation of an advisory group within each State to provide advice and recommendations on intended use plans, State water pollution control revolving fund policies, and implementation of such plans and policies.
“(2) Annual report—The Administrator shall make available on a publicly accessible website an annual report, prepared based on the data provided pursuant to paragraph (1)(B)(i) and feedback from State advisory groups created under paragraph (1)(B)(iii), which shall include—
“(A) information on and analysis of the use by each State of the amounts available to the State water pollution control revolving fund of the State, including, for each State, the amount of assistance provided under this title, and the number of treatment works with respect to which such assistance was provided;
“(B) data and metrics on disadvantaged communities served and technical assistance and outreach efforts; and
“(C) ongoing challenges at the national and State level.”