[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 41 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 41

 To amend the Safe Drinking Water Act to exempt nonprofit small public 
    water systems from certain drinking water standards relating to 
                   naturally occurring contaminants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

   Mr. Nelson of Nebraska (for himself, Mr. Domenici, and Mr. Craig) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Safe Drinking Water Act to exempt nonprofit small public 
    water systems from certain drinking water standards relating to 
                   naturally occurring contaminants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Community Arsenic Relief 
Act''.

SEC. 2. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM 
              STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS.

    The Safe Drinking Water Act is amended by inserting after section 
1416 (42 U.S.C. 300g-5) the following:

``SEC. 1416A. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM 
              STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS.

    ``(a) Definitions.--In this section:
            ``(1) Low-income family.--The term `low-income family' 
        means a family the total annual income of which does not exceed 
        the poverty line.
            ``(2) Naturally occurring contaminant.--The term `naturally 
        occurring contaminant' includes--
                    ``(A) arsenic;
                    ``(B) radon;
                    ``(C) radium; and
                    ``(D) uranium.
            ``(3) Nonprofit small public water system.--The term 
        `nonprofit small public water system' means a nonprofit public 
        water system (including a local government) that serves 10,000 
        or fewer individuals.
            ``(4) Poverty line.--The term `poverty line' has the 
        meaning given the term in section 673 of the Community Services 
        Block Grant Act (42 U.S.C. 9902).
    ``(b) Exemption.--A State exercising primary enforcement 
responsibility for public water systems under section 1413 (or the 
Administrator, with respect to any nonprimacy State) shall exempt any 
nonprofit small public water system that submits a request in 
accordance with subsection (c) from the requirements of any national 
primary drinking water regulation for a naturally occurring 
contaminant.
    ``(c) Application.--To be eligible for an exemption from a national 
primary drinking water regulation under this section, a nonprofit small 
public water system shall submit a written application to the State 
exercising primary enforcement responsibility with respect to the 
system (or the Administrator, with respect to any nonprimacy State) 
demonstrating that compliance by the nonprofit small public water 
system with the national drinking water regulation--
            ``(1) is not economically feasible;
            ``(2) has a disproportionate and adverse impact on low-
        income families;
            ``(3) is substantially impeded by limited access of the 
        nonprofit small public water system to innovative and 
        affordable technology; or
            ``(4) is not necessary, based on the fact that drinking 
        water provided by the nonprofit small public water system does 
        not pose an unreasonable health risk.
    ``(d) Alternative Requirement.--A nonprofit small public water 
system that receives an exemption for arsenic under this section shall 
comply with a standard of arsenic in drinking water provided by the 
nonprofit small public water system of--
            ``(1) not later than January 1, 2007, not more than 50 
        parts per billion;
            ``(2) not later than January 1, 2010, not more than 35 
        parts per billion;
            ``(3) not later than January 1, 2012, not more than 30 
        parts per billion;
            ``(4) not later than January 1, 2014, not more than 20 
        parts per billion; and
            ``(5) not later than January 1, 2016, not more than 10 
        parts per billion.''.

SEC. 3. UNIVERSITY-BASED ARSENIC RESEARCH CONSORTIUM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Consortium.--The term ``Consortium'' means the 
        university-based arsenic research consortium established under 
        subsection (b)(1).
    (b) Consortium.--
            (1) Establishment.--The Administrator shall establish a 
        university-based arsenic research consortium.
            (2) Membership.--The Consortium shall be comprised of the 
        following members:
                    (A) The University of Nebraska at Lincoln.
                    (B) The University of Nebraska Medical Center.
                    (C) The University of New Mexico.
                    (D) The University of Texas.
                    (E) Johns Hopkins University School of Public 
                Health.
                    (F) Georgetown University Medical School.
    (c) Duties of the Consortium.--The Consortium shall--
            (1) conduct reviews and analyses, and carry out health 
        effects studies, using United States morbidity data relating to 
        low levels of arsenic commonly found in States;
            (2) assess studies on arsenic in drinking water, as 
        adjusted by the Administrator, carried out in--
                    (A) Millard County, Utah;
                    (B) Inner Mongolia, China; and
                    (C) southwest Taiwan;
            (3) develop recommendations on which levels of arsenic in 
        drinking water constitute unreasonable risks to public health, 
        and which levels should be considered to be protective of 
        public health, under the Safe Drinking Water Act (42 U.S.C. 
        300f et seq.); and
            (4) conduct reviews and analyses of, and carry out health 
        effects studies on, all forms of cancer, cardiovascular 
        disease, diabetes, and vascular toxicity.
    (d) Grant Program.--
            (1) In general.--The Administrator may provide grants to 
        the Consortium for use in carrying out the duties of the 
        Consortium under subsection (c).
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000 for 
        fiscal year 2006.
    (e) Report of Administrator.--Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Administrator 
shall submit to Congress a report that describes the findings and 
recommendations of the Consortium for the year covered by the report.
                                 <all>