SEC. 2001. Short Title.
This title may be cited as the “Water and Waste Act of 2016”.
Title II — Water and Waste Act of 2016
TITLE II Water and Waste Act of 2016
SEC. 2002. Definition of Administrator.
In this title, the term “Administrator” means the Administrator of the Environmental Protection Agency.
Subtitle A Safe Drinking Water
SEC. 2101. Sense of Congress on Appropriations Levels.
It is the sense of Congress that Congress should provide robust funding of capitalization grants to States to fund those States’ drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) and the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
SEC. 2102. Preconstruction Work.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)) is amended—
in the fifth sentence, by striking “ Of the amount” and inserting the following:
“(F) Loan assistance.—Of the amount”
in the fourth sentence, by striking “ The funds” and inserting the following:
“(E) Acquisition of real property.—The funds under this section”
in the third sentence, by striking “ The funds” and inserting the following:
“(D) Water treatment loans.—The funds under this section”
in the second sentence, by striking “ Financial assistance” and inserting the following:
“(B) Limitation.—Financial assistance”
in the first sentence, by striking “ Except” and inserting the following:
“(A) In general.—Except”
in subparagraph (B) (as designated by paragraph (4)), by striking “ (not” and inserting “ (including expenditures for planning, design, and associated preconstruction activities, including activities relating to the siting of the facility, but not”; and
by inserting after subparagraph (B) (as designated by paragraph (4)) the following:
“(C) Sale of bonds.—Funds may also be used by a public water system as a source of revenue (restricted solely to interest earnings of the applicable State loan fund) or security for payment of the principal and interest on revenue or general obligation bonds issued by the State to provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the State loan fund.”
SEC. 2103. Administration of State Loan Funds.
Section 1452(g)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(g)(2)) is amended—
by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting the clauses appropriately;
by striking the fifth sentence and inserting the following:
“(D) Enforcement actions.—Funds used under subparagraph (B)(ii) shall not be used for enforcement actions.”
in the fourth sentence, by striking “ An additional” and inserting the following:
“(C) Technical assistance.—An additional”
by striking the third sentence;
in the second sentence, by striking “ For fiscal year” and inserting the following:
“(B) Additional use of funds.—For fiscal year”
by striking the first sentence and inserting the following:
“(A) Authorization.—
“(i) In general.—For each fiscal year, a State may use the amount described in clause (ii)—
“(I) to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after the date of enactment of this section; and
“(II) to provide technical assistance to public water systems within the State.
“(ii) Description of amount.—The amount referred to in clause (i) is an amount equal to the sum of—
“(I) the amount of any fees collected by the State for use in accordance with clause (i)(I), regardless of the source; and
“(II) the greatest of—
“(aa) $400,000;
“(bb) ⅕ percent of the current valuation of the fund; and
“(cc) an amount equal to 4 percent of all grant awards to the fund under this section for the fiscal year.”
; and
in subparagraph (B) (as redesignated by paragraph (5))—
in clause (iv) (as redesignated by paragraph (1)), by striking “ 1419,” and inserting “ 1419.”; and
in the undesignated matter following clause (iv) (as redesignated by paragraph (1)), by striking “ if the State” and all that follows through “ State funds.”.
SEC. 2104. Assistance for Small and Disadvantaged Communities.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:
“SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
“(a) Definition of Underserved Community.—In this section:
“(1) In general.—The term ‘underserved community’ means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
“(2) Inclusions.—The term ‘underserved community’ includes a political subdivision of a State that either, as determined by the Administrator—
“(A) does not have household drinking water or wastewater services; or
“(B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 1412, including—
“(i) a maximum contaminant level;
“(ii) a treatment technique; and
“(iii) an action level.
“(b) Establishment.—
“(1) In general.—The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this title.
“(2) Inclusions.—Projects and activities under paragraph (1) include—
“(A) investments necessary for the public water system to comply with the requirements of this title;
“(B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis; and
“(C) programs to provide household water quality testing, including testing for unregulated contaminants.
“(c) Eligible Entities.—An eligible entity under this section—
“(1) is—
“(A) a public water system;
“(B) a water system that is located in an area governed by an Indian Tribe; or
“(C) a State, on behalf of an underserved community; and
“(2) serves a community—
“(A) that, under affordability criteria established by the State under section 1452(d)(3), is determined by the State—
“(i) to be a disadvantaged community; or
“(ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or
“(B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).
“(d) Priority.—In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.
“(e) Local Participation.—In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.
“(f) Technical, Managerial, and Financial Capability.—The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program.
“(g) Cost Sharing.—Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agreement with the eligible entity to require the eligible entity—
“(1) to pay not less than 45 percent of the total costs of the project or activity, which may include services, materials, supplies, or other in-kind contributions;
“(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project or activity; and
“(3) to pay 100 percent of any operation and maintenance costs associated with the project or activity.
“(h) Waiver.—The Administrator may waive, in whole or in part, the requirement under subsection (g)(1) if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
“(i) Limitation on Use of Funds.—Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
“(j) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section, $60,000,000 for each of fiscal years 2017 through 2021.”
SEC. 2105. Reducing Lead in Drinking Water.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is further amended by adding at the end the following:
“SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
“(a) Definitions.—In this section:
“(1) Eligible entity.—The term ‘eligible entity’ means—
“(A) a community water system;
“(B) a water system located in an area governed by an Indian Tribe;
“(C) a nontransient noncommunity water system;
“(D) a qualified nonprofit organization, as determined by the Administrator, servicing a public water system; and
“(E) a municipality or State, interstate, or intermunicipal agency.
“(2) Lead reduction project.—
“(A) In general.—The term ‘lead reduction project’ means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—
“(i) replacement of publicly owned lead service lines;
“(ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and
“(iii) providing assistance to low-income homeowners to replace lead service lines.
“(B) Limitation.—The term ‘lead reduction project’ does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.
“(3) Low-income.—The term ‘low-income’, with respect to an individual provided assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 1452(d)(3).
“(4) 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.
“(5) Nontransient noncommunity water system.—The term ‘nontransient noncommunity water system’ means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.
“(b) Grant Program.—
“(1) Establishment.—The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.
“(2) Precondition.—As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify—
“(A) the source of lead in the public water system that is subject to human consumption; and
“(B) the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.
“(3) Priority application.—In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—
“(A) the Administrator determines, based on affordability criteria established by the State under section 1452(d)(3), to be a disadvantaged community; and
“(B) proposes to—
“(i) carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under section 1412 at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or
“(ii) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 1458(a)(1).
“(4) Cost sharing.—
“(A) In general.—Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.
“(B) Waiver.—The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.
“(5) Low-income assistance.—
“(A) In general.—Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to replace the lead service lines of such homeowners.
“(B) Limitation.—The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service line.
“(6) Special consideration for lead service line replacement.—In carrying out lead service line replacement using a grant under this subsection, an eligible entity—
“(A) shall notify customers of the replacement of any publicly owned portion of the lead service line;
“(B) may, in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement for that homeowner’s property;
“(C) may, in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line at a cost that is equal to the difference between—
“(i) the cost of replacement; and
“(ii) the amount of assistance available to the low-income homeowner under paragraph (5);
“(D) shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line; and
“(E) shall demonstrate that the eligible entity has considered other options for reducing the concentration of lead in its drinking water, including an evaluation of options for corrosion control.
“(c) Limitation on Use of Funds.—Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
“(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2021.
“(e) Savings Clause.—Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—
“(1) subject to the control of the public water system; and
“(2) located on private property.”
SEC. 2106. Notice to Persons Served.
Enforcement of Drinking Water Regulations.— Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—
in the subsection heading, by striking “ Notice to” and inserting “ Notice to States, the Administrator, and”;
in paragraph (1)—
in subparagraph (C), by striking “ paragraph (2)(E)” and inserting “ paragraph (2)(F)”; and
by adding at the end the following:
“(D) Notice that the public water system exceeded the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412).”
in paragraph (2)—
in subparagraph (B)(i)(II), by striking “ subparagraph (D)” and inserting “ subparagraph (E)”;
in subparagraph (C)—
in the subparagraph heading, by striking “ Violations” and inserting “ Notice of violations or exceedances”;
in the matter preceding clause (i)—
in the first sentence, by striking “ violation” and inserting “ violation, and each exceedance described in paragraph (1)(D),”; and
in the second sentence, by striking “ violation” and inserting “ violation or exceedance”;
by striking clause (i) and inserting the following:
“(i) be distributed as soon as practicable, but not later than 24 hours, after the public water system learns of the violation or exceedance;”
in clause (ii), by inserting “ or exceedance” after “ violation” each place it appears;
by striking clause (iii) and inserting the following:
“(iii) be provided to the Administrator and the head of the State agency that has primary enforcement responsibility under section 1413, as applicable, as soon as practicable, but not later than 24 hours after the public water system learns of the violation or exceedance; and”
; and
in clause (iv)—
in subclause (I), by striking “ broadcast media” and inserting “ media, including broadcast media”; and
in subclause (III), by striking “ in lieu of notification by means of broadcast media or newspaper”;
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
“(D) Notice by the administrator.—If the State with primary enforcement responsibility or the owner or operator of a public water system has not issued a notice under subparagraph (C) for an exceedance of the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) that has the potential to have serious adverse effects on human health as a result of short-term exposure, not later than 24 hours after the Administrator is notified of the exceedance, the Administrator shall issue the required notice under that subparagraph.”
in paragraph (3)(B), in the first sentence—
by striking “ subparagraph (A) and” and inserting “ subparagraph (A),”; and
by striking “ subparagraph (C) or (D) of paragraph (2)” and inserting “ subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of that paragraph”;
in paragraph (4)(B)—
in clause (ii), by striking “ the terms” and inserting “ the terms ‘action level’,”;
by striking clause (iii) and inserting the following:
“(iii) If any regulated contaminant is detected in the water purveyed by the public water system, a statement describing, as applicable—
“(I) the maximum contaminant level goal;
“(II) the maximum contaminant level;
“(III) the level of the contaminant in the water system;
“(IV) the action level for the contaminant; and
“(V) for any contaminant for which there has been a violation of the maximum contaminant level during the year concerned, a brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant, as provided by the Administrator in regulations under subparagraph (A).”
; and
in the undesignated matter following clause (vi), in the second sentence, by striking “ subclause (IV) of clause (iii)” and inserting “ clause (iii)(V)”; and
by adding at the end the following:
“(5) Exceedance of lead level at households.—
“(A) Strategic plan.—Not later than 180 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall provide targeted outreach, education, technical assistance, and risk communication to populations affected by the concentration of lead in a public water system, including dissemination of information described in subparagraph (C).
“(B) EPA initiation of notice.—
“(i) Forwarding of data by employee of the agency.—If the Agency develops, or receives from a source other than a State or a public water system, data that meets the requirements of section 1412(b)(3)(A)(ii) that indicates that the drinking water of a household served by a public water system contains a level of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) (referred to in this paragraph as an ‘affected household’), the Administrator shall require an appropriate employee of the Agency to forward the data, and information on the sampling techniques used to obtain the data, to the owner or operator of the public water system and the State in which the affected household is located within a time period determined by the Administrator.
“(ii) Dissemination of information by owner or operator.—The owner or operator of a public water system shall disseminate to affected households the information described in subparagraph (C) within a time period established by the Administrator, if the owner or operator—
“(I) receives data and information under clause (i); and
“(II) has not, since the date of the test that developed the data, notified the affected households—
“(aa) with respect to the concentration of lead in the drinking water of the affected households; and
“(bb) that the concentration of lead in the drinking water of the affected households exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412).
“(iii) Consultation.—
“(I) Deadline.—If the owner or operator of the public water system does not disseminate to the affected households the information described in subparagraph (C) as required under clause (ii) within the time period established by the Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner or operator of the public water system to disseminate the information, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate the information to the affected households not later than 24 hours after the end of the consultation period.
“(II) Delegation.—The Administrator may only delegate the duty to consult under subclause (I) to an employee of the Agency who, as of the date of the delegation, works in the Office of Water at the headquarters of the Agency.
“(iv) Dissemination by administrator.—The Administrator shall, as soon as practicable, disseminate to affected households the information described in subparagraph (C) if—
“(I) the owner or operator of the public water system does not disseminate the information to the affected households within the time period determined by the Administrator, as required by clause (ii); and
“(II)
(aa) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under that clause; or
“(bb) the applicable Governor does not disseminate the information within 24 hours after the end of the consultation period.
“(C) Information required.—The information described in this subparagraph includes—
“(i) a clear explanation of the potential adverse effects on human health of drinking water that contains a concentration of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412);
“(ii) the steps that the owner or operator of the public water system is taking to mitigate the concentration of lead; and
“(iii) the necessity of seeking alternative water supplies until the date on which the concentration of lead is mitigated.
“(6) Privacy.—Any notice to the public or an affected household under this subsection shall protect the privacy of individual customer information.”
Prohibition on Use of Lead Pipes, Solder, and Flux.— Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) is amended by adding at the end the following:
“(f) Public Education.—
“(1) In general.—The Administrator shall make information available to the public regarding lead in drinking water, including information regarding—
“(A) risks associated with lead in drinking water;
“(B) the conditions that contribute to drinking water containing lead in a residence;
“(C) steps that States, public water systems, and consumers can take to reduce the risks of lead in drinking water; and
“(D) the availability of additional resources that consumers can use to minimize lead exposure, including information on sampling for lead in drinking water.
“(2) Vulnerable populations.—In making information available to the public under this subsection, the Administrator shall, subject to the availability of appropriations, carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.”
SEC. 2107. Lead Testing in School and Child Care Program Drinking Water.
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 Program 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(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)).
“(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) a person that owns or operates a child care program facility.
“(2) Establishment.—
“(A) In general.—Not later than 180 days after the date of enactment of the Water and Waste Act of 2016, the Administrator shall establish a voluntary school and child care program 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) Direct grants to local educational agencies.—The Administrator may make a grant for the voluntary testing described in subparagraph (A) directly available to—
“(i) any local educational agency described in clause (i) or (iii) of paragraph (1)(B) located in a State that does not participate in the voluntary grant program established under subparagraph (A); or
“(ii) any local educational agency described in clause (ii) of paragraph (1)(B).
“(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) Limitation on use of funds.—Not more than 4 percent of grant funds accepted by a State or local educational agency for a fiscal year 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 recipient 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 are not less stringent than the guidance referred to in clause (i); and
“(B)
(i) make available, if applicable, in the administrative offices and, to the 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 carried out using grant funds under this subsection; and
“(ii) notify parent, teacher, and employee organizations of the availability of the results described in clause (i).
“(6) Maintenance of effort.—If resources are available to a State or local educational agency from any other Federal agency, a State, or a private foundation for testing for lead contamination in drinking water, the State or local educational agency shall demonstrate that the funds provided under this subsection will not displace those resources.
“(7) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2017 through 2021.”
Repeal.— Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j–25) is repealed.
SEC. 2108. Water Supply Cost Savings.
Drinking Water Technology Clearinghouse.— The Administrator, in consultation with the Secretary of Agriculture, shall—
develop a technology clearinghouse for information on the cost-effectiveness of innovative and alternative drinking water delivery systems, including wells and well systems; and
disseminate such information to the public and to communities and not-for-profit organizations seeking Federal funding for drinking water delivery systems serving 500 or fewer persons.
Water System Assessment.— In any application for a grant or loan for the purpose of construction, replacement, or rehabilitation of a drinking water delivery system serving 500 or fewer persons, the funding for which would come from the Federal Government (either directly or through a State), a unit of local government or not-for-profit organization shall self-certify that the unit of local government or organization has considered, as an alternative drinking water supply, drinking water delivery systems sourced by publicly owned—
individual wells;
shared wells; and
community wells.
Report to Congress.— Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes—
the use of innovative and alternative drinking water delivery systems described in this section;
the range of cost savings for communities using innovative and alternative drinking water delivery systems described in this section; and
the use of drinking water technical assistance programs operated by the Administrator and the Secretary of Agriculture.
SEC. 2109. Innovation in the Provision of Safe Drinking Water.
Innovative Water Technologies.— Section 1442(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–1(a)(1)) is amended—
in subparagraph (D), by striking “ ; and” and inserting a semicolon;
by striking the period at the end of subparagraph (E) and inserting “ ; and”; and
by adding at the end the following new subparagraph:
“(F) innovative water technologies (including technologies to improve water treatment to ensure compliance with this title and technologies to identify and mitigate sources of drinking water contamination, including lead contamination).”
in the heading for subsection (e), by inserting “ to Small Public Water Systems” after “ Assistance”; and
by adding at the end the following new subsection:
“(f) Technical Assistance for Innovative Water Technologies.—
“(1) The Administrator may provide technical assistance to public water systems to facilitate use of innovative water technologies.
“(2) There are authorized to be appropriated to the Administrator for use in providing technical assistance under paragraph (1) $10,000,000 for each of fiscal years 2017 through 2021.”
Report.— Not later than 1 year after the date of enactment of the Water and Waste Act of 2016, and not less frequently than every 5 years thereafter, the Administrator shall report to Congress on—
the amount of funding used to provide technical assistance under section 1442(f) of the Safe Drinking Water Act to deploy innovative water technologies;
the barriers impacting greater use of innovative water technologies; and
the cost-saving potential to cities and future infrastructure investments from innovative water technologies.
SEC. 2110. Small System Technical Assistance.
Section 1452(q) of the Safe Drinking Water Act (42 U.S.C. 300j–12(q)) is amended by striking “ appropriated” and all that follows through “ 2003” and inserting “ made available to carry out this section for each of fiscal years 2016 through 2021”.
SEC. 2111. Definition of Indian Tribe.
Section 1401(14) of the Safe Drinking Water Act (42 U.S.C. 300(f)(14)) is amended by striking “ section 1452” and inserting “ sections 1452, 1459A, and 1459B”.
SEC. 2112. Technical Assistance for Tribal Water Systems.
Technical Assistance.— Section 1442(e)(7) of the Safe Drinking Water Act (42 U.S.C. 300j–1(e)(7)) is amended by striking “ Tribes” and inserting “ Tribes, including grants to provide training and operator certification services under section 1452(i)(5)”.
in paragraph (1)—
in the first sentence, by striking “ Tribes and Alaska Native villages” and inserting “ Tribes, Alaska Native villages, and, for the purpose of carrying out paragraph (5), intertribal consortia or tribal organizations,”; and
in the second sentence, by striking “ The grants” and inserting “ Except as otherwise provided, the grants”; and
by adding at the end the following:
“(5) Training and operator certification.—
“(A) In general.—The Administrator may use funds made available under this subsection and section 1442(e)(7) to make grants to intertribal consortia or tribal organizations for the purpose of providing operations and maintenance training and operator certification services to Indian Tribes to enable public water systems that serve Indian Tribes to achieve and maintain compliance with applicable national primary drinking water regulations.
“(B) Eligible tribal organizations.—Intertribal consortia or tribal organizations eligible for a grant under subparagraph (A) are intertribal consortia or tribal organizations that—
“(i) as determined by the Administrator, are the most qualified and experienced to provide training and technical assistance to Indian Tribes; and
“(ii) the Indian Tribes find to be the most beneficial and effective.”
SEC. 2113. Materials Requirement for Certain Federally Funded Projects.
Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)) is amended by adding at the end the following:
“(4) American iron and steel products.—
“(A) In general.—During fiscal year 2017, funds made available from a State loan fund established pursuant to this section may not be used for a project for the construction, alteration, or repair of a public water system unless all of the iron and steel products used in the project are produced in the United States.
“(B) Definition of iron and steel products.—In this paragraph, the term ‘iron and steel products’ means the following products made primarily of iron or steel:
“(i) Lined or unlined pipes and fittings.
“(ii) Manhole covers and other municipal castings.
“(iii) Hydrants.
“(iv) Tanks.
“(v) Flanges.
“(vi) Pipe clamps and restraints.
“(vii) Valves.
“(viii) Structural steel.
“(ix) Reinforced precast concrete.
“(x) Construction materials.
“(C) Application.—Subparagraph (A) shall be waived in any case or category of cases in which the Administrator finds that—
“(i) applying subparagraph (A) would be inconsistent with the public interest;
“(ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
“(iii) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
“(D) Waiver.—If the Administrator receives a request for a waiver under this paragraph, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Agency.
“(E) International agreements.—This paragraph shall be applied in a manner consistent with United States obligations under international agreements.
“(F) Management and oversight.—The Administrator may retain up to 0.25 percent of the funds appropriated for this section for management and oversight of the requirements of this paragraph.
“(G) Effective date.—This paragraph does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this paragraph.”
Subtitle B Drinking Water Disaster Relief and Infrastructure Investments
SEC. 2201. Drinking Water Infrastructure.
Definitions.— In this section:
Eligible state.— The term “eligible State” means a State for which the President has declared an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to the public health threats associated with the presence of lead or other contaminants in drinking water provided by a public water system.
Eligible system.— The term “eligible system” means a public water system that has been the subject of an emergency declaration referred to in paragraph (1).
Lead service line.— The term “lead service line” means a pipe and its fittings, which are not lead free (as defined under section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6)), that connect the drinking water main to the building inlet.
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)).
State Revolving Loan Fund Assistance.—
In general.— An eligible system shall be—
considered to be a disadvantaged community under section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)); and
eligible to receive loans with additional subsidization under section 1452(d)(1) of that Act (42 U.S.C. 300j–12(d)(1)), including forgiveness of principal under that section.
Authorization.—
In general.— Using funds provided pursuant to subsection (d), an eligible State may provide assistance to an eligible system within the eligible State for the purpose of addressing lead or other contaminants in drinking water, including repair and replacement of lead service lines and public water system infrastructure.
Inclusion.— Assistance provided under subparagraph (A) may include additional subsidization under section 1452(d)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(1)), as described in paragraph (1)(B).
Exclusion.— Assistance provided under subparagraph (A) shall not include assistance for a project that is financed (directly or indirectly), in whole or in part, with proceeds of any obligation issued after the date of enactment of this Act—
the interest of which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or
with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code.
Inapplicability of limitation.— Section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(2)) shall not apply to—
any funds provided pursuant to subsection (d) of this section;
any other assistance provided to an eligible system; or
any funds required to match the funds provided under subsection (d).
Nonduplication of Work.— An activity carried out pursuant to this section shall not duplicate the work or activity of any other Federal or State department or agency.
Additional Drinking Water State Revolving Fund Capitalization Grants.—
In general.— There is authorized to be appropriated to the Administrator a total of $100,000,000 to provide additional capitalization grants to eligible States pursuant to section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), to be available for a period of 18 months beginning on the date on which the funds are made available, for the purposes described in subsection (b)(2), and after the end of the 18-month period, until expended for the purposes described in paragraph (3).
Supplemented intended use plans.— From funds made available under paragraph (1), the Administrator shall obligate to an eligible State such amounts as are necessary to meet the needs identified in a supplemented intended use plan for the purposes described in subsection (b)(2) by not later than 30 days after the date on which the eligible State submits to the Administrator a supplemented intended use plan under section 1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)) that includes preapplication information regarding projects to be funded using the additional assistance, including, with respect to each such project—
a description of the project;
an explanation of the means by which the project will address a situation causing a declared emergency in the eligible State;
the estimated cost of the project; and
the projected start date for construction of the project.
Unobligated amounts.— Any amounts made available to the Administrator under paragraph (1) that are unobligated on the date that is 18 months after the date on which the amounts are made available shall be available to provide additional grants to States to capitalize State loan funds as provided under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).
Applicability.—
Section 1452(b)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(1)) shall not apply to a supplement to an intended use plan under paragraph (2).
Unless explicitly waived, all requirements under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) shall apply to funding provided under this subsection.
Health Effects Evaluation.—
In general.— Pursuant to section 104(i)(1)(E) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt of a request of an appropriate State or local health official of an eligible State, the Director of the Agency for Toxic Substances and Disease Registry of the National Center for Environmental Health shall in coordination with other agencies, as appropriate, conduct voluntary surveillance activities to evaluate any adverse health effects on individuals exposed to lead from drinking water in the affected communities.
Consultations.— Pursuant to section 104(i)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(4)), and on receipt of a request of an appropriate State or local health official of an eligible State, the Director of the Agency for Toxic Substances and Disease Registry of the National Center for Environmental Health shall provide consultations regarding health issues described in paragraph (1).
No Effect on Other Projects.— This section shall not affect the application of any provision of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to any project that does not receive assistance pursuant to this subtitle.
SEC. 2202. Sense of Congress.
It is the sense of Congress that secured loans under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall be—
initially appropriated at $20,000,000; and
used for eligible projects, including those to address lead and other contaminants in drinking water systems.
SEC. 2203. Registry for Lead Exposure and Advisory Committee.
Definitions.— In this section:
City.— The term “City” means a city exposed to lead contamination in the local drinking water system.
Committee.— The term “Committee” means the Advisory Committee established under subsection (c).
Secretary.— The term “Secretary” means the Secretary of Health and Human Services.
Lead Exposure Registry.— The Secretary shall establish within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary, or establish through a grant award or contract, a lead exposure registry to collect data on the lead exposure of residents of a City on a voluntary basis.
Advisory Committee.—
Membership.—
In general.— The Secretary shall establish, within the Agency for Toxic Substances and Disease Registry an Advisory Committee in coordination with the Director of the Centers for Disease Control and Prevention and other relevant agencies as determined by the Secretary consisting of Federal members and non-Federal members, and which shall include—
an epidemiologist;
a toxicologist;
a mental health professional;
a pediatrician;
an early childhood education expert;
a special education expert;
a dietician; and
an environmental health expert.
Requirements.— Membership in the Committee shall not exceed 15 members and not less than ½ of the members shall be Federal members.
Chair.— The Secretary shall designate a chair from among the Federal members appointed to the Committee.
Terms.— Members of the Committee shall serve for a term of not more than 3 years and the Secretary may reappoint members for consecutive terms.
Application of faca.— The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Responsibilities.— The Committee shall, at a minimum—
review the Federal programs and services available to individuals and communities exposed to lead;
review current research on lead poisoning to identify additional research needs;
review and identify best practices, or the need for best practices, regarding lead screening and the prevention of lead poisoning;
identify effective services, including services relating to healthcare, education, and nutrition for individuals and communities affected by lead exposure and lead poisoning, including in consultation with, as appropriate, the lead exposure registry as established in subsection (b); and
undertake any other review or activities that the Secretary determines to be appropriate.
Report.— Annually for 5 years and thereafter as determined necessary by the Secretary or as required by Congress, the Committee shall submit to the Secretary, the Committees on Finance, Health, Education, Labor, and Pensions, and Agriculture, Nutrition, and Forestry of the Senate and the Committees on Education and the Workforce, Energy and Commerce, and Agriculture of the House of Representatives a report that includes—
an evaluation of the effectiveness of the Federal programs and services available to individuals and communities exposed to lead;
an evaluation of additional lead poisoning research needs;
an assessment of any effective screening methods or best practices used or developed to prevent or screen for lead poisoning;
input and recommendations for improved access to effective services relating to health care, education, or nutrition for individuals and communities impacted by lead exposure; and
any other recommendations for communities affected by lead exposure, as appropriate.
Authorization of Appropriations.— There are authorized to be appropriated for the period of fiscal years 2017 through 2021—
$17,500,000 to carry out subsection (b); and
$2,500,000 to carry out subsection (c).
SEC. 2204. Other Lead Programs.
Childhood Lead Poisoning Prevention Program.— In addition to amounts made available through the Prevention and Public Health Fund established under section 4002 of Public Law 111–148 (42 U.S.C. 300u-11) to carry out section 317A of the Public Health Service Act (42 U.S.C. 247b-1), there are authorized to be appropriated for the period of fiscal years 2017 and 2018, $15,000,000 for carrying out such section 317A.
Healthy Start Program.— There are authorized to be appropriated for the period of fiscal years 2017 and 2018 $15,000,000 to carry out the Healthy Start Initiative under section 330H of the Public Health Service Act (42 U.S.C. 254c–8).
Subtitle C Control of Coal Combustion Residuals
SEC. 2301. Approval of State Programs for Control of Coal Combustion Residuals.
Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) is amended by adding at the end the following:
“(d) State Programs for Control of Coal Combustion Residuals.—
“(1) Approval by administrator.—
“(A) In general.—Each State may submit to the Administrator, in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under State law for regulation by the State of coal combustion residuals units that are located in the State that, after approval by the Administrator, will operate in lieu of regulation of coal combustion residuals units in the State by—
“(i) application of part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); or
“(ii) implementation by the Administrator of a permit program under paragraph (2)(B).
“(B) Requirement.—Not later than 180 days after the date on which a State submits the evidence described in subparagraph (A), the Administrator, after public notice and an opportunity for public comment, shall approve, in whole or in part, a permit program or other system of prior approval and conditions submitted under subparagraph (A) if the Administrator determines that the program or other system requires each coal combustion residuals unit located in the State to achieve compliance with—
“(i) the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); or
“(ii) such other State criteria that the Administrator, after consultation with the State, determines to be at least as protective as the criteria described in clause (i).
“(C) Permit requirements.—The Administrator shall approve under subparagraph (B)(ii) a State permit program or other system of prior approval and conditions that allows a State to include technical standards for individual permits or conditions of approval that differ from the criteria under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)) if, based on site-specific conditions, the Administrator determines that the technical standards established pursuant to a State permit program or other system are at least as protective as the criteria under that part.
“(D) Program review and notification.—
“(i) Program review.—The Administrator shall review a State permit program or other system of prior approval and conditions that is approved under subparagraph (B)—
“(I) from time to time, as the Administrator determines necessary, but not less frequently than once every 12 years;
“(II) not later than 3 years after the date on which the Administrator revises the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a));
“(III) not later than 1 year after the date of a significant release (as defined by the Administrator), that was not authorized at the time the release occurred, from a coal combustion residuals unit located in the State; and
“(IV) on request of any other State that asserts that the soil, groundwater, or surface water of the State is or is likely to be adversely affected by a release or potential release from a coal combustion residuals unit located in the State for which the program or other system was approved.
“(ii) Notification and opportunity for a public hearing.—The Administrator shall provide to a State notice of deficiencies with respect to the permit program or other system of prior approval and conditions of the State that is approved under subparagraph (B), and an opportunity for a public hearing, if the Administrator determines that—
“(I) a revision or correction to the permit program or other system of prior approval and conditions of the State is necessary to ensure that the permit program or other system of prior approval and conditions continues to ensure that each coal combustion residuals unit located in the State achieves compliance with the criteria described in clauses (i) and (ii) of subparagraph (B);
“(II) the State has not implemented an adequate permit program or other system of prior approval and conditions that requires each coal combustion residuals unit located in the State to achieve compliance with the criteria described in subparagraph (B); or
“(III) the State has, at any time, approved or failed to revoke a permit for a coal combustion residuals unit, a release from which adversely affects or is likely to adversely affect the soil, groundwater, or surface water of another State.
“(E) Withdrawal.—
“(i) In general.—The Administrator shall withdraw approval of a State permit program or other system of prior approval and conditions if, after the Administrator provides notice and an opportunity for a public hearing to the relevant State under subparagraph (D)(ii), the Administrator determines that the State has not corrected the deficiencies identified by the Administrator under subparagraph (D)(ii).
“(ii) Reinstatement of state approval.—Any withdrawal of approval under clause (i) shall cease to be effective on the date on which the Administrator makes a determination that the State has corrected the deficiencies identified by the Administrator under subparagraph (D)(ii).
“(2) Nonparticipating states.—
“(A) Definition of nonparticipating state.—In this paragraph, the term ‘nonparticipating State’ means a State—
“(i) for which the Administrator has not approved a State permit program or other system of prior approval and conditions under paragraph (1)(B);
“(ii) the Governor of which has not submitted to the Administrator for approval evidence to operate a State permit program or other system of prior approval and conditions under paragraph (1)(A);
“(iii) the Governor of which provides notice to the Administrator that, not fewer than 90 days after the date on which the Governor provides the notice to the Administrator, the State will relinquish an approval under paragraph (1)(B) to operate a permit program or other system of prior approval and conditions; or
“(iv) for which the Administrator has withdrawn approval for a permit program or other system of prior approval and conditions under paragraph (1)(E).
“(B) Implementation of permit program.—In the case of a nonparticipating State and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a program in a nonparticipating State, the Administrator shall implement a permit program to require each coal combustion residuals unit located in the nonparticipating State to achieve compliance with applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)).
“(3) Applicability of criteria.—The applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)), shall apply to each coal combustion residuals unit in a State unless—
“(A) a permit under a State permit program or other system of prior approval and conditions approved by the Administrator under paragraph (1)(B) is in effect for the coal combustion residuals unit; or
“(B) a permit issued by the Administrator in a State in which the Administrator is implementing a permit program under paragraph (2)(B) is in effect for the coal combustion residuals unit.
“(4) Prohibition on open dumping.—
“(A) In general.—The Administrator may use the authority provided by sections 3007 and 3008 to enforce the prohibition on open dumping under subsection (a) with respect to a coal combustion residuals unit—
“(i) in a nonparticipating State (as defined in paragraph (2)); and
“(ii) located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), in accordance with subparagraph (B) of this paragraph.
“(B) Federal enforcement in an approved state.—
“(i) In general.—In the case of a coal combustion residuals unit located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), the Administrator may commence an administrative or judicial enforcement action under section 3008 if—
“(I) the State requests that the Administrator provide assistance in the performance of an enforcement action; or
“(II) after consideration of any other administrative or judicial enforcement action involving the coal combustion residuals unit, the Administrator determines that an enforcement action is likely to be necessary to ensure that the coal combustion residuals unit is operating in accordance with the criteria established under the permit program or other system of prior approval and conditions.
“(ii) Notification.—In the case of an enforcement action by the Administrator under clause (i)(II), before issuing an order or commencing a civil action, the Administrator shall notify the State in which the coal combustion residuals unit is located.
“(iii) Annual report to congress.—
“(I) In general.—Subject to subclause (II), not later than December 31, 2017, and December 31 of each year thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes any enforcement action commenced under clause (i), including a description of the basis for the enforcement action.
“(II) Applicability.—Subclause (I) shall not apply for any calendar year during which the Administrator does not commence an enforcement action under clause (i).
“(5) Indian country.—The Administrator shall establish and carry out a permit program, in accordance with this subsection, for coal combustion residuals units in Indian country (as defined in section 1151 of title 18, United States Code) to require each coal combustion residuals unit located in Indian country to achieve compliance with the applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)).
“(6) Treatment of coal combustion residuals units.—A coal combustion residuals unit shall be considered to be a sanitary landfill for purposes of this Act, including subsection (a), only if the coal combustion residuals unit is operating in accordance with—
“(A) the requirements of a permit issued by—
“(i) the State in accordance with a program or system approved under paragraph (1)(B); or
“(ii) the Administrator pursuant to paragraph (2)(B) or paragraph (5); or
“(B) the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)).
“(7) Effect of subsection.—Nothing in this subsection affects any authority, regulatory determination, other law, or legal obligation in effect on the day before the date of enactment of the Water and Waste Act of 2016.”