[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6116 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 6116

  To enable needed drinking water standards, reduce lead in drinking 
water, plan for and address threats from climate change, terrorism, and 
 source water contamination, invest in drinking water infrastructure, 
   increase compliance with drinking water standards, foster greater 
   community right to know about drinking water quality, and promote 
         technological solutions for drinking water challenges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2016

  Mr. Pallone (for himself, Mr. Tonko, Mr. McNerney, Mrs. Capps, Mr. 
  Cardenas, Mr. Gene Green of Texas, and Ms. DeGette) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To enable needed drinking water standards, reduce lead in drinking 
water, plan for and address threats from climate change, terrorism, and 
 source water contamination, invest in drinking water infrastructure, 
   increase compliance with drinking water standards, foster greater 
   community right to know about drinking water quality, and promote 
         technological solutions for drinking water challenges.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Safe Drinking 
Water Act Amendments of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; findings.
       TITLE I--REGULATING DANGEROUS DRINKING WATER CONTAMINANTS

Sec. 101. Enabling EPA to set standards for new drinking water 
                            contaminants.
Sec. 102. Deadlines for regulations on known dangerous contaminants.
               TITLE II--REDUCING LEAD IN DRINKING WATER

Sec. 201. Reducing lead in drinking water.
Sec. 202. Drinking water fountain replacement for schools.
Sec. 203. Aligning definitions of lead free.
Sec. 204. Guidance for schools regarding lead in drinking water.
Sec. 205. School lead pipe replacement program.
Sec. 206. School remedial action program.
  TITLE III--CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION

Sec. 301. Climate resiliency, security, and source water protection 
                            planning.
Sec. 302. Regulation of hydraulic fracturing.
Sec. 303. Risks of drought to drinking water.
                           TITLE IV--AQUA ACT

Sec. 401. Short title.
Sec. 402. Prevailing wages.
Sec. 403. Use of funds.
Sec. 404. Requirements for use of American materials.
Sec. 405. Data on variances, exemptions, and persistent violations.
Sec. 406. Assistance for restructuring.
Sec. 407. Priority and weight of applications.
Sec. 408. Disadvantaged communities.
Sec. 409. Administration of State loan funds.
Sec. 410. State revolving loan funds for American Samoa, Northern 
                            Mariana Islands, Guam, and the Virgin 
                            Islands.
Sec. 411. Authorization of appropriations.
Sec. 412. Affordability of new standards.
Sec. 413. Focus on lifecycle costs.
Sec. 414. Best practices for administration of State revolving loan 
                            fund programs.
       TITLE V--INCREASING COMPLIANCE AND COMMUNITY RIGHT TO KNOW

Sec. 501. Streamlining reporting and enforcement.
Sec. 502. Consolidation.
Sec. 503. Water violations inventory.
Sec. 504. Improved consumer confidence reports.
                    TITLE VI--STUDIES AND TECHNOLOGY

Sec. 601. Real time monitoring technology research grants.
Sec. 602. Presence of pharmaceuticals and personal care products in 
                            sources of drinking water.
Sec. 603. Water loss and leak control technology.
    (c) Findings.--The Congress finds the following:
            (1) The Safe Drinking Water Act has not been substantially 
        amended in 20 years, during which time the challenges facing 
        drinking water systems and customers have increased 
        dramatically.
            (2) Climate change, aging infrastructure, lead 
        contamination, and emerging contaminants threaten the public 
        health and economic viability of cities and towns nationwide.
            (3) The drinking water standard-setting provisions put in 
        place in 1996 have proven unworkable, preventing the Federal 
        Government from regulating dangerous contaminants, including 
        perchlorate, strontium, and volatile organic compounds.
            (4) Compliance and enforcement with existing drinking water 
        standards has fallen far short of what is needed and expected.
            (5) Increased drinking water investment is needed to 
        address a crisis in failing infrastructure.

       TITLE I--REGULATING DANGEROUS DRINKING WATER CONTAMINANTS

SEC. 101. ENABLING EPA TO SET STANDARDS FOR NEW DRINKING WATER 
              CONTAMINANTS.

    (a) In General.--Section 1412(b) of the Safe Drinking Water Act (42 
U.S.C. 300g-1(b)) is amended--
            (1) by amending paragraph (1)(A) to read as follows:
                    ``(A) General authority.--The Administrator shall 
                publish maximum contaminant level goals and promulgate 
                national primary drinking water regulations for each 
                contaminant (other than a contaminant for which a 
                national primary drinking water regulation has been 
                promulgated as of the date of enactment of the Safe 
                Drinking Water Act Amendments of 2016) which, in the 
                judgement of the Administrator, may have any adverse 
                effect on the health of persons and which is known or 
                anticipated to occur in public water systems.'';
            (2) in paragraph (1)(B)(ii)(I)--
                    (A) by striking ``every 5 years'' and inserting 
                ``every 3 years''; and
                    (B) by striking ``5 contaminants'' and inserting 
                ``10 contaminants'';
            (3) in paragraph (1)(B)(ii)(II)--
                    (A) by striking ``on findings that the criteria of 
                clauses (i), (ii), and (iii)'' and inserting ``on a 
                finding that the criteria''; and
                    (B) by striking ``Such findings'' and inserting 
                ``Such finding'';
            (4) in paragraph (1)(D)--
                    (A) by striking `` paragraph (4)(C), or completing 
                the analysis under paragraph (3)(C),'' and inserting 
                ``subparagraph (B)(ii)''; and
                    (B) by striking ``A determination for any 
                contaminant in accordance with paragraph (4)(C) subject 
                to an interim regulation under this subparagraph shall 
                be issued, and a completed analysis meeting the 
                requirements of paragraph (3)(C) shall be published, 
                not later than 3 years after the date on which the 
                regulation is promulgated and the regulation shall be 
                repromulgated, or revised if appropriate, not later 
                than 5 years after that date.'';
            (5) by amending paragraph (3) to read as follows:
            ``(3) Authorization.--There are authorized to be 
        appropriated to the Administrator, acting through the Office of 
        Ground Water and Drinking Water, to conduct studies, 
        assessments, and analyses in support of regulations or the 
        development of methods, $35,000,000 for each of fiscal years 
        2017 through 2022.'';
            (6) in paragraph (4), by striking subparagraph (C);
            (7) by amending paragraph (6) to read as follows:
            ``(6) Exception for standards with no feasible 
        technologies.--
                    ``(A) In general.--Notwithstanding paragraph (4), 
                if the Administrator determines that there is no 
                feasible technology to meet a maximum contaminant 
                level, the Administrator may, after notice and 
                opportunity for public comment, promulgate a maximum 
                contaminant level for the contaminant that maximizes 
                health risk reduction benefits and can be met with 
                feasible technology.
                    ``(B) Judicial review.--A determination by the 
                Administrator that no feasible technology is available 
                to meet a maximum contaminant level shall be considered 
                an action pertaining to the establishment of a national 
                primary drinking water regulation and subject to 
                judicial review.'';
            (8) in paragraph (12)(B)(ii), by inserting ``(as in effect 
        on the day before the date of enactment of the Safe Drinking 
        Water Act Amendments of 2016)'' after ``paragraph (3)(B)'';
            (9) in paragraph (13)(B)(i), by inserting ``(as in effect 
        on the day before the date of enactment of the Safe Drinking 
        Water Act Amendments of 2016)'' after ``paragraph (3)''; and
            (10) in paragraph (13)(C), by inserting ``(as in effect on 
        the day before the date of enactment of the Safe Drinking Water 
        Act Amendments of 2016)'' after ``paragraph (3)(C)''.
    (b) Additional Conforming Amendment.--Section 1459 of the Safe 
Drinking Water Act (42 U.S.C. 300j-19) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).

SEC. 102. DEADLINES FOR REGULATIONS ON KNOWN DANGEROUS CONTAMINANTS.

    Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(2)) is amended by adding at the end the following:
                    ``(D) Lead and copper rule.--
                            ``(i) In general.--Notwithstanding any 
                        other deadline established in this subsection, 
                        not later than 9 months after the date of 
                        enactment of the Safe Drinking Water Act 
                        Amendments of 2016, the Administrator shall 
                        issue revised national primary drinking water 
                        regulations for lead and copper in accordance 
                        with this subparagraph.
                            ``(ii) Requirements.--The revised 
                        regulations issued under clause (i) shall 
                        ensure that--
                                    ``(I) corrosion controls are 
                                reevaluated anytime source water or 
                                treatment is changed;
                                    ``(II) test results are valid, by 
                                prohibiting techniques that 
                                artificially lower lead levels, 
                                including flushing before samples are 
                                taken;
                                    ``(III) monitoring includes school 
                                sites for all public water systems 
                                serving schools (as defined in section 
                                1461);
                                    ``(IV) notification of lead 
                                problems is clear and effective; and
                                    ``(V) lead service lines are fully 
                                replaced on a set timetable and 
                                whenever contamination is detected.
                            ``(iii) Scope of lead line replacement 
                        requirements.--Requirements to replace lead 
                        service lines under the revised regulations 
                        issued under clause (i) shall extend to all 
                        service lines controlled by public water 
                        systems, regardless of ownership.
                    ``(E) Perchlorate.--Notwithstanding any other 
                deadline established in this subsection, not later than 
                12 months after the date of enactment of the Safe 
                Drinking Water Act Amendments of 2016, the 
                Administrator shall publish a maximum contaminant level 
                goal and promulgate a national primary drinking water 
                regulation for perchlorate.
                    ``(F) Perfluorinated compounds.--Notwithstanding 
                any other deadline established in this subsection, not 
                later than 2 years after the date of enactment of the 
                Safe Drinking Water Act Amendments of 2016, the 
                Administrator shall publish a maximum contaminant level 
                goal and promulgate a national primary drinking water 
                regulation for perfluorinated compounds.
                    ``(G) Microcystin toxin.--Notwithstanding any other 
                deadline established in this subsection, not later than 
                2 years after the date of enactment of the Safe 
                Drinking Water Act Amendments of 2016, the 
                Administrator shall publish a maximum contaminant level 
                goal and promulgate a national primary drinking water 
                regulation for microcystin toxin.''.

               TITLE II--REDUCING LEAD IN DRINKING WATER

SEC. 201. REDUCING LEAD IN DRINKING WATER.

    (a) Definition of Lead Service Line.--Section 1401 of the Safe 
Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the 
following new paragraph:
            ``(17) Lead service line.--The term `lead service line' 
        means a service line that is not lead free (within the meaning 
        of section 1417).''.
    (b) Replacing Lead Service Lines.--Section 1417 of the Safe 
Drinking Water Act (42 U.S.C. 300g-6) is amended by adding at the end 
the following:
    ``(f) Replacing Lead Service Lines.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) an owner or operator of a public 
                        water system;
                            ``(ii) a qualified nonprofit organization, 
                        as determined by the Administrator; or
                            ``(iii) a municipality or a State, 
                        interstate, or intermunicipal agency.
                    ``(B) Lead pipe replacement program.--The term 
                `lead pipe replacement program' means a project or 
                activity the primary purpose of which is to eliminate 
                lead in water for human consumption by--
                            ``(i) replacing lead service lines;
                            ``(ii) testing, planning, or carrying out 
                        other relevant activities, as determined by the 
                        Administrator, to identify the location and 
                        condition of lead service lines; or
                            ``(iii) providing assistance to low-income 
                        homeowners to replace privately owned lead 
                        service lines.
                    ``(C) Low-income homeowner.--The term `low-income 
                homeowner' has such meaning as may be given the term by 
                the Governor of the applicable State.
            ``(2) Grant program.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Administrator shall establish a grant program to 
                provide assistance to eligible entities for lead pipe 
                replacement programs.
                    ``(B) Evaluation.--In determining whether to 
                provide assistance to an eligible entity under this 
                subsection, the Administrator shall evaluate whether 
                the eligible entity has--
                            ``(i) a current inventory of lead service 
                        lines in the applicable public water system;
                            ``(ii) a plan to notify customers of such 
                        public water system of the replacement of any 
                        publicly owned portion of a lead service line;
                            ``(iii) a plan to replace the privately 
                        owned portion of a lead service line at the 
                        cost of replacement;
                            ``(iv) a plan for a program of assistance 
                        to low-income homeowners to replace the 
                        privately owned portion of lead service lines; 
                        or
                            ``(v) a plan of recommended measures to 
                        avoid exposure of the public to short-term 
                        increases in lead levels following a lead 
                        service line replacement.
                    ``(C) Priority application.--In providing 
                assistance under this subsection, the Administrator 
                shall give priority to an eligible entity that--
                            ``(i) will carry out a lead pipe 
                        replacement program at a public water system 
                        that has exceeded the lead action level 
                        established by the Administrator at any time 
                        during the 3-year period preceding the date of 
                        submission of the application of the eligible 
                        entity;
                            ``(ii) will address lead levels in water 
                        for human consumption at a school, daycare, or 
                        other facility that primarily serves children 
                        or subpopulations at greater risk as identified 
                        under section 1458(a);
                            ``(iii) will include in the lead pipe 
                        replacement program a program to provide 
                        assistance to low-income homeowners; or
                            ``(iv) addresses such priority criteria as 
                        the Administrator may establish, consistent 
                        with the goal of reducing lead in water for 
                        human consumption.
                    ``(D) Cost sharing.--
                            ``(i) In general.--Subject to clause (ii), 
                        the non-Federal share of the total cost of a 
                        program funded by a grant provided under this 
                        subsection shall be not less than 20 percent.
                            ``(ii) Waiver.--The Administrator may 
                        reduce or eliminate the non-Federal share 
                        required under clause (i) for reasons of 
                        affordability, as the Administrator determines 
                        to be appropriate.
                    ``(E) Low-income homeowner assistance.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity may use a grant provided 
                        under this subsection to provide assistance to 
                        low-income homeowners to replace privately 
                        owned lead service lines.
                            ``(ii) Limitation.--The amount of 
                        assistance provided to an individual low-income 
                        homeowner under this subparagraph shall not 
                        exceed $10,000.
            ``(3) Guidance.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall, in 
        cooperation with States and qualified nonprofit organizations, 
        develop guidance for owners and operators of public water 
        systems to assist such owners and operators in the preparation 
        of an inventory of lead service lines in their public water 
        system.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $100,000,000 for each of fiscal years 2017 through 2021.''.

SEC. 202. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

    (a) In General.--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:

``SEC. 1466. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a grant 
program to provide assistance to local educational agencies for the 
replacement of drinking water fountains manufactured prior to 1988.
    ``(b) Use of Funds.--Funds awarded under the grant program--
            ``(1) shall be used to pay the costs of replacement of 
        drinking water fountains in schools; and
            ``(2) may be used to pay the costs of monitoring and 
        reporting of lead levels in the drinking water of schools of a 
        local educational agency receiving such funds, as determined 
        appropriate by the Administrator.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section not more than $5,000,000 for 
each of fiscal years 2017 through 2021.''.
    (b) Definitions.--Section 1461(5) of the Safe Drinking Water Act 
(42 U.S.C. 300j-21(5)) is amended by inserting ``or drinking water 
fountain'' after ``water cooler'' each place it appears.

SEC. 203. ALIGNING DEFINITIONS OF LEAD FREE.

    Paragraph (2) of section 1461 of the Safe Drinking Water Act (42 
U.S.C. 300j-21(2)) is amended to read as follows:
            ``(2) Lead free.--The term `lead free' has the meaning 
        given such term in section 1417.''.

SEC. 204. GUIDANCE FOR SCHOOLS REGARDING LEAD IN DRINKING WATER.

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

``SEC. 1467. GUIDANCE FOR SCHOOLS REGARDING LEAD IN DRINKING WATER.

    ``(a) Guidance on Lead Monitoring.--Not later than 180 days after 
the date of enactment of this section, the Administrator shall publish 
revised guidance for school officials seeking to reduce exposure to 
lead from drinking water in schools.
    ``(b) Requirements.--The Administrator shall include in the 
guidance published under subsection (a)--
            ``(1) testing protocols for schools to accurately detect 
        lead contamination in school drinking water and its sources;
            ``(2) recommended actions to reduce or eliminate such 
        contamination, including lead service line replacement where 
        needed;
            ``(3) recommendations for maintaining or replacing drinking 
        water infrastructure, including pipes, pipe fittings, fixtures, 
        solder, drinking water coolers, and drinking water fountains, 
        when planning for or undergoing renovations of school property; 
        and
            ``(4) recommendations and forms for communicating lead 
        testing results, potential health risks, and response actions 
        to students, staff, parents, and communities.''.

SEC. 205. SCHOOL LEAD PIPE REPLACEMENT PROGRAM.

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

``SEC. 1468. SCHOOL LEAD PIPE REPLACEMENT PROGRAM.

    ``(a) Eligible Entity.--In this section, the term `eligible entity' 
means--
            ``(1) a local educational agency; or
            ``(2) a public water system.
    ``(b) Grant Program.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of this section, the Administrator shall 
        establish a grant program to assist eligible entities in 
        carrying out programs to replace lead service lines for schools 
        and solder that is not lead free used in the plumbing for 
        schools. Such a program--
                    ``(A) shall include replacing lead service lines 
                and solder that is not lead free; and
                    ``(B) may include testing, planning, or carrying 
                out other relevant activities, as determined by the 
                Administrator, to identify the location and condition 
                of lead service lines and solder that is not lead free.
            ``(2) Priority application.--In providing assistance under 
        this section, the Administrator shall give priority to proposed 
        programs for schools for which, at any time during the 3-year 
        period preceding the date of submission of an application of 
        the eligible entity, monitoring data has indicated elevated 
        lead levels in the school drinking water.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2017 through 2021.''.

SEC. 206. SCHOOL REMEDIAL ACTION PROGRAM.

    (a) Lead Contamination in School Drinking Water.--Section 1464(d) 
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)) is amended--
            (1) in paragraph (1), by striking ``Within 9 months after 
        the enactment of this section, each State shall'' and inserting 
        ``Any State may'';
            (2) in paragraph (2)--
                    (A) by striking ``A copy'' and inserting ``Any 
                State establishing a program pursuant to paragraph (1) 
                shall make a copy''; and
                    (B) by striking ``shall be''; and
            (3) in paragraph (3)--
                    (A) by inserting ``and fountains'' after 
                ``coolers'' each place it appears;
                    (B) by striking ``enactment of this subsection'' 
                and inserting ``establishment of a program under 
                paragraph (1)''; and
                    (C) by inserting ``or fountain'' after ``cooler''.
    (b) Federal Assistance for State Programs Regarding Lead 
Contamination in School Drinking Water.--Section 1465 of the Safe 
Drinking Water Act (42 U.S.C. 300j-25) is amended--
            (1) in subsection (a), by striking ``States to establish'' 
        and inserting ``States that establish''; and
            (2) in subsection (c)--
                    (A) by striking ``$30,000,000'' each place it 
                appears and inserting ``$100,000,000'';
                    (B) by striking ``1989'' and inserting ``2017'';
                    (C) by striking ``1990'' and inserting ``2018''; 
                and
                    (D) by striking ``1991.'' and inserting ``2019.''.

  TITLE III--CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION

SEC. 301. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION 
              PLANNING.

    Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is 
amended to read as follows:

``SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION.

    ``(a) Source Water and Distribution System Vulnerability 
Assessments.--
            ``(1) In general.--Not later than 24 months after the date 
        of enactment of the Safe Drinking Water Act Amendments of 2016, 
        each community water system shall submit to the Administrator 
        source water and distribution system vulnerability assessments.
            ``(2) Identification of threats.--Assessments submitted 
        pursuant to paragraph (1) shall identify--
                    ``(A) threats to the community water system's 
                source water from industrial activity, pipelines and 
                storage tanks, contaminated sites, agricultural 
                activity, and oil and gas exploration;
                    ``(B) threats to the community water system's 
                source water and distribution system from climate 
                change, extreme weather, drought, and temperature 
                changes; and
                    ``(C) threats to the community water system's 
                source water and distribution system from intentional 
                acts, including intentional contamination, sabotage, 
                and theft of any chemical of interest (as designated 
                under Appendix A to part 27 of title 6, Code of Federal 
                Regulations, or any successor thereto).
            ``(3) Assessment of alternatives.--Assessments submitted 
        pursuant to paragraph (1) shall include a comparison of the 
        disinfection methods used by the community water system and 
        reasonably available alternative disinfection methods, 
        including a determination of whether reasonably available 
        alternative disinfection methods could reduce the community 
        water system's vulnerability to the threats identified pursuant 
        to paragraph (2).
            ``(4) Periodic review and resubmission.--Each community 
        water system submitting a vulnerability assessment pursuant to 
        paragraph (1) shall review, revise as necessary, and resubmit 
        such assessment not less often than every 5 years.
            ``(5) Guidance.--Not later than one year after the date of 
        enactment of the Safe Drinking Water Act Amendments of 2016, 
        the Administrator shall provide guidance to community water 
        systems for the preparation of vulnerability assessments under 
        this subsection.
    ``(b) Source Water and Distribution System Protection Plans.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 2016, 
        each community water system shall submit to the Administrator 
        source water and distribution system protection plans.
            ``(2) Mitigation of identified threats.--Plans submitted 
        pursuant to paragraph (1) shall identify strategies and 
        resources to mitigate the threats identified in assessments 
        prepared pursuant to subsection (a).
            ``(3) Emergency response planning.--Plans submitted 
        pursuant to paragraph (1) shall include specific emergency 
        response plans for the threats identified in assessments 
        prepared pursuant to subsection (a).
            ``(4) Periodic review and resubmission.--Each community 
        water system submitting a plan pursuant to paragraph (1) shall 
        review, revise as necessary, and resubmit such plan not less 
        often than every 5 years.
            ``(5) Guidance.--Not later than one year after the date of 
        enactment of the Safe Drinking Water Act Amendments of 2016, 
        the Administrator shall provide guidance to community water 
        systems for the preparation of plans under this subsection.
    ``(c) Technical Assistance and Grants.--
            ``(1) In general.--The Administrator shall establish and 
        implement a program, to be known as the Drinking Water 
        Infrastructure Resiliency and Sustainability Program, under 
        which the Administrator may award grants in each of fiscal 
        years 2017 through 2021 to owners or operators of community 
        water systems for the purpose of increasing the resiliency or 
        adaptability of the community water systems to threats 
        identified pursuant to subsection (a).
            ``(2) Use of funds.--As a condition on receipt of a grant 
        under this section, an owner or operator of a community water 
        system shall agree to use the grant funds exclusively to assist 
        in the planning, design, construction, implementation, 
        operation, or maintenance of a program or project consistent 
        with a plan developed pursuant to subsection (b).
            ``(3) Priority.--
                    ``(A) Water systems at greatest and most immediate 
                risk.--In selecting grantees under this subsection, the 
                Administrator shall give priority to applicants that 
                are owners or operators of community water systems that 
                are, based on the best available research and data, at 
                the greatest and most immediate risk of facing 
                significant negative impacts due to threats described 
                in subsection (a)(2).
                    ``(B) Goals.--In selecting among applicants 
                described in subparagraph (A), the Administrator shall 
                ensure that, to the maximum extent practicable, the 
                final list of applications funded for each year 
                includes a substantial number that propose to use 
                innovative approaches to meet one or more of the 
                following goals:
                            ``(i) Promoting more efficient water use, 
                        water conservation, water reuse, or water 
                        recycling.
                            ``(ii) Using decentralized, low-impact 
                        development technologies and nonstructural 
                        approaches, including practices that use, 
                        enhance, or mimic the natural hydrological 
                        cycle or protect natural flows.
                            ``(iii) Reducing stormwater runoff or 
                        flooding by protecting or enhancing natural 
                        ecosystem functions.
                            ``(iv) Modifying, upgrading, enhancing, or 
                        replacing existing community water system 
                        infrastructure in response to changing 
                        hydrologic conditions.
                            ``(v) Improving water quality or quantity 
                        for agricultural and municipal uses, including 
                        through salinity reduction.
                            ``(vi) Providing multiple benefits, 
                        including to water supply enhancement or demand 
                        reduction, water quality protection or 
                        improvement, increased flood protection, and 
                        ecosystem protection or improvement.
            ``(4) Cost-sharing.--
                    ``(A) Federal share.--The share of the cost of any 
                activity that is the subject of a grant awarded by the 
                Administrator to the owner or operator of a community 
                water system under this subsection shall not exceed 50 
                percent of the cost of the activity.
                    ``(B) Calculation of non-federal share.--In 
                calculating the non-Federal share of the cost of an 
                activity proposed by a community water system in an 
                application submitted under this subsection, the 
                Administrator shall--
                            ``(i) include the value of any in-kind 
                        services that are integral to the completion of 
                        the activity, including reasonable 
                        administrative and overhead costs; and
                            ``(ii) not include any other amount that 
                        the community water system involved receives 
                        from the Federal Government.
            ``(5) Report to congress.--Not later than 3 years after the 
        date of the enactment of the Safe Drinking Water Act Amendments 
        of 2016, and every 3 years thereafter, the Administrator shall 
        submit to the Congress a report on progress in implementing 
        this subsection, including information on project applications 
        received and funded annually.
            ``(6) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated $50,000,000 
        for each of fiscal years 2017 through 2021.''.

SEC. 302. REGULATION OF HYDRAULIC FRACTURING.

    (a) Hydraulic Fracturing.--Section 1421(d)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300h(d)(1)) is amended by striking subparagraph 
(B) and inserting the following:
                    ``(B) includes the underground injection of fluids 
                or propping agents pursuant to hydraulic fracturing 
                operations related to oil, gas, or geothermal 
                production activities; but
                    ``(C) excludes the underground injection of natural 
                gas for purposes of storage.''.
    (b) Disclosure of Hydraulic Fracturing Chemicals; Medical 
Emergencies; Proprietary Chemical Formulas.--Section 1421(b) of the 
Safe Drinking Water Act (42 U.S.C. 300H(b)) is amended by adding at the 
end the following:
            ``(4)(A) Regulations included under paragraph (1)(C) shall 
        include the following requirements:
                            ``(i) A person conducting hydraulic 
                        fracturing operations shall disclose to the 
                        State (or the Administrator if the 
                        Administrator has primary enforcement 
                        responsibility in the State)--
                                    ``(I) prior to the commencement of 
                                any hydraulic fracturing operations at 
                                any lease area or portion thereof, a 
                                list of chemicals intended for use in 
                                any underground injection during such 
                                operations, including identification of 
                                the chemical constituents of mixtures, 
                                Chemical Abstracts Service numbers for 
                                each chemical and constituent, material 
                                safety data sheets when available, and 
                                the anticipated volume of each 
                                chemical; and
                                    ``(II) not later than 30 days after 
                                the end of any hydraulic fracturing 
                                operations, the list of chemicals used 
                                in each underground injection during 
                                such operations, including 
                                identification of the chemical 
                                constituents of mixtures, Chemical 
                                Abstracts Service numbers for each 
                                chemical and constituent, material 
                                safety data sheets when available, and 
                                the volume of each chemical used.
                            ``(ii) The State or the Administrator, as 
                        applicable, shall make the disclosure of 
                        chemical constituents referred to in clause (i) 
                        available to the public, including by posting 
                        the information on an appropriate Internet Web 
                        site.
                            ``(iii) Whenever the State or the 
                        Administrator, or a treating physician or 
                        nurse, determines that a medical emergency 
                        exists and the proprietary chemical formula of 
                        a chemical used in hydraulic fracturing 
                        operations is necessary for medical treatment, 
                        the person conducting the hydraulic fracturing 
                        operations shall, upon request, immediately 
                        disclose the proprietary chemical formula or 
                        the specific chemical identity of a trade 
                        secret chemical to the State, the 
                        Administrator, or the treating physician or 
                        nurse, regardless of whether a written 
                        statement of need or a confidentiality 
                        agreement has been provided. The person 
                        conducting the hydraulic fracturing operations 
                        may require a written statement of need and a 
                        confidentiality agreement as soon thereafter as 
                        circumstances permit.
                    ``(B) Subparagraphs (A)(i) and (A)(ii) do not 
                authorize the State (or the Administrator) to require 
                the public disclosure of proprietary chemical 
                formulas.''.

SEC. 303. RISKS OF DROUGHT TO DRINKING WATER.

    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:

``SEC. 1459A. DROUGHT RISK ASSESSMENT AND MANAGEMENT.

    ``(a) Strategic Plan.--
            ``(1) Development.--Not later than 90 days after the date 
        of enactment of this section, the Administrator shall develop 
        and submit to Congress a strategic plan for assessing and 
        managing the risks of drought to drinking water provided by 
        public water systems. The strategic plan shall include steps 
        and timelines to--
                    ``(A) evaluate the risks posed by drought to 
                drinking water provided by public water systems;
                    ``(B) compile a comprehensive list of the effects 
                of drought on drinking water provided by public water 
                systems which the Administrator determines may have an 
                adverse effect on human health;
                    ``(C) summarize--
                            ``(i) the known adverse human health 
                        effects resulting from the effects of drought 
                        on drinking water included on the list 
                        established under subparagraph (B);
                            ``(ii) factors that cause drought; and
                            ``(iii) factors that exacerbate the effects 
                        of drought on drinking water provided by public 
                        water systems;
                    ``(D) with respect to the effects of drought on 
                drinking water included on the list compiled under 
                subparagraph (B), determine whether to--
                            ``(i) establish guidance regarding feasible 
                        analytical methods to quantify such effects; 
                        and
                            ``(ii) establish guidance regarding the 
                        frequency of monitoring necessary to detect 
                        such effects;
                    ``(E) recommend feasible treatment options, 
                including procedures, equipment, and source water 
                protection practices, to mitigate such effects; and
                    ``(F) enter into cooperative agreements with, and 
                provide technical assistance to, affected States and 
                public water systems, as identified by the 
                Administrator, for the purpose of managing risks 
                associated with the effects of drought on drinking 
                water.
            ``(2) Updates.--The Administrator shall, as appropriate, 
        update and submit to Congress the strategic plan developed 
        under paragraph (1).
    ``(b) Information Coordination.--In carrying out this section the 
Administrator shall--
            ``(1) identify gaps in the Agency's understanding of the 
        effects of drought on drinking water provided by public water 
        systems, including--
                    ``(A) the human health effects of drought; and
                    ``(B) methods and means of testing and monitoring 
                for the effects of drought on source water of, or 
                drinking water provided by, public water systems;
            ``(2) as appropriate, consult with--
                    ``(A) other Federal agencies that--
                            ``(i) examine or analyze drought; or
                            ``(ii) address public health concerns 
                        related to drought;
                    ``(B) States;
                    ``(C) operators of public water systems;
                    ``(D) multinational agencies;
                    ``(E) foreign governments;
                    ``(F) research and academic institutions; and
                    ``(G) companies that provide relevant drinking 
                water treatment options; and
            ``(3) assemble and publish information from each Federal 
        agency that has--
                    ``(A) examined or analyzed drought; or
                    ``(B) addressed public health concerns related to 
                drought.
    ``(c) Feasible.--For purposes of this section, the term `feasible' 
has the meaning given such term in section 1412(b)(4)(D).''.

                           TITLE IV--AQUA ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Assistance, Quality, and 
Affordability Act of 2016''.

SEC. 402. PREVAILING WAGES.

    Subsection (e) of section 1450 of the Safe Drinking Water Act (42 
U.S.C. 300j-9) is amended to read as follows:
    ``(e) Labor Standards.--
            ``(1) In general.--The Administrator shall take such action 
        as the Administrator determines to be necessary to ensure that 
        each laborer and mechanic employed by a contractor or 
        subcontractor in connection with a construction project 
        financed, in whole or in part, by a grant, loan, loan 
        guarantee, refinancing, or any other form of financial 
        assistance provided under this title (including assistance 
        provided by a State loan fund established under section 1452) 
        is paid wages at a rate of not less than the prevailing wages 
        for the same type of work on similar construction in the 
        immediate locality, as determined by the Secretary of Labor in 
        accordance with subchapter IV of chapter 31 of title 40, United 
        States Code.
            ``(2) Authority of secretary of labor.--With respect to the 
        labor standards specified in this subsection, the Secretary of 
        Labor shall have the authority and functions established in 
        Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.''.

SEC. 403. USE OF FUNDS.

    Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended--
            (1) by striking ``Except as otherwise'' and inserting the 
        following:
                    ``(A) In general.--Except as otherwise'';
            (2) by striking ``Financial assistance under this section'' 
        and inserting the following:
                    ``(B) Permissible expenditures.--Financial 
                assistance under this section'';
            (3) by striking ``The funds may also be used'' and 
        inserting the following:
                    ``(D) Certain loans.--Financial assistance under 
                this section may also be used'';
            (4) by striking ``The funds shall not be used'' and 
        inserting the following:
                    ``(E) Limitation.--Financial assistance under this 
                section shall not be used'';
            (5) by striking ``Of the amount credited'' and inserting 
        the following:
                    ``(F) Set-aside.--Of the amount credited'';
            (6) in subparagraph (B) (as designated by paragraph (2)) by 
        striking ``(not'' and inserting ``(including expenditures for 
        planning, design, siting, and associated preconstruction 
        activities, for replacing or rehabilitating aging treatment, 
        storage, or distribution facilities of public water systems, or 
        for producing or capturing sustainable energy on site or 
        through the transportation of water through the public water 
        system, but not''; and
            (7) by inserting after such subparagraph (B) the following:
                    ``(C) Sale of bonds.--If a State issues revenue or 
                general obligation bonds to provide all or part of the 
                State contribution required by subsection (e), and the 
                proceeds of the sale of such bonds will be deposited 
                into the State loan fund--
                            ``(i) financial assistance made available 
                        under this section may be used by the State as 
                        security for payment of the principal and 
                        interest on such bonds; and
                            ``(ii) interest earnings of the State loan 
                        fund may be used by the State as revenue for 
                        payment of the principal and interest on such 
                        bonds.''.

SEC. 404. REQUIREMENTS FOR USE OF AMERICAN MATERIALS.

    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 new paragraph:
            ``(4) Requirements for use of american materials.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, none of the funds made available by a 
                State loan fund as authorized under this section may be 
                used for a project for the construction, alteration, 
                maintenance, or repair of a public water system unless 
                all of the iron and steel products used in such project 
                are produced in the United States.
                    ``(B) Waiver.--Upon request, the Administrator 
                shall waive application of subparagraph (A) in any case 
                in which the Administrator (in consultation with the 
                Governor of the State) 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.
                    ``(C) Requests for waiver.--If the Administrator 
                receives a request for a waiver under this paragraph, 
                the Administrator shall--
                            ``(i) make available to the public, on an 
                        informal basis, a copy of the request and 
                        information available to the Administrator 
                        concerning the request;
                            ``(ii) make the request and accompanying 
                        information available by electronic means, 
                        including on the official public Internet site 
                        of the Environmental Protection Agency; and
                            ``(iii) allow for informal public input on 
                        the request for at least 15 days prior to 
                        making a finding based on the request.
                    ``(D) Consistency with international agreements.--
                This paragraph shall be applied in a manner consistent 
                with United States obligations under international 
                agreements.
                    ``(E) 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: lined or unlined pipes and fittings, manhole 
                covers and other municipal castings, hydrants, tanks, 
                flanges, pipe clamps and restraints, valves, structural 
                steel, reinforced precast concrete, and construction 
                materials.''.

SEC. 405. DATA ON VARIANCES, EXEMPTIONS, AND PERSISTENT VIOLATIONS.

    Section 1452(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) a list of all public water systems within the 
                State that have in effect an exemption or variance for 
                any national primary drinking water regulation or that 
                are in persistent violation of the requirements for any 
                maximum contaminant level or treatment technique under 
                a national primary drinking water regulation, including 
                identification of--
                            ``(i) the national primary drinking water 
                        regulation in question for each such exemption, 
                        variance, or violation; and
                            ``(ii) the date on which the exemption or 
                        variance came into effect or the violation 
                        began.''.

SEC. 406. ASSISTANCE FOR RESTRUCTURING.

    (a) Definition.--Section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f), as amended, is further amended by adding at the end the 
following:
            ``(18) Restructuring.--The term `restructuring' means 
        changes in operations (including ownership, management, 
        cooperative partnerships, joint purchasing arrangements, 
        consolidation, and alternative water supply).''.
    (b) Restructuring.--Clause (ii) of section 1452(a)(3)(B) (42 U.S.C. 
300j-12(a)(3)(B)) is amended by striking ``changes in operations 
(including ownership, management, accounting, rates, maintenance, 
consolidation, alternative water supply, or other procedures)'' and 
inserting ``restructuring''.

SEC. 407. PRIORITY AND WEIGHT OF APPLICATIONS.

    (a) Priority.--Section 1452(b)(3) of the Safe Drinking Water Act 
(42 U.S.C. 300j-12(b)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) improve the ability of public water 
                        systems to protect human health and comply with 
                        the requirements of this title affordably in 
                        the future.'';
            (2) by redesignating subparagraph (B) as subparagraph (D);
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Affordability of new standards.--For any year 
                in which enforcement begins for a new national primary 
                drinking water standard, each State that has entered 
                into a capitalization agreement pursuant to this 
                section shall evaluate whether capital improvements 
                required to meet the standard are affordable for 
                disadvantaged communities (as defined in subsection 
                (d)(3)) in the State. If the State finds that such 
                capital improvements do not meet affordability criteria 
                for disadvantaged communities in the State, the State's 
                intended use plan shall provide that priority for the 
                use of funds for such year be given to public water 
                systems affected by the standard and serving 
                disadvantaged communities.
                    ``(C) Weight given to applications.--After 
                determining priority under subparagraphs (A) and (B), 
                an intended use plan shall provide that the State will 
                give greater weight to an application for assistance if 
                the application contains--
                            ``(i) a description of measures undertaken 
                        by the public water system to improve the 
                        management and financial stability of the 
                        public water system, which may include--
                                    ``(I) an inventory of assets, 
                                including a description of the 
                                condition of the assets;
                                    ``(II) a schedule for replacement 
                                of assets;
                                    ``(III) an audit of water losses;
                                    ``(IV) a financing plan that 
                                factors in all lifecycle costs 
                                indicating sources of revenue from 
                                ratepayers, grants, bonds, other loans, 
                                and other sources to meet the costs; 
                                and
                                    ``(V) a review of options for 
                                restructuring;
                            ``(ii) a demonstration of consistency with 
                        State, regional, and municipal watershed plans;
                            ``(iii) a water conservation plan 
                        consistent with guidelines developed for such 
                        plans by the Administrator under section 
                        1455(a); and
                            ``(iv) a description of measures undertaken 
                        by the public water system to improve the 
                        efficiency of the public water system or reduce 
                        the public water system's environmental impact, 
                        which may include--
                                    ``(I) water efficiency or 
                                conservation, including the 
                                rehabilitation or replacement of 
                                existing leaking pipes;
                                    ``(II) use of reclaimed water;
                                    ``(III) actions to increase energy 
                                efficiency;
                                    ``(IV) actions to generate or 
                                capture sustainable energy on site or 
                                through the transportation of water 
                                through the public water system;
                                    ``(V) actions to protect source 
                                water;
                                    ``(VI) actions to mitigate or 
                                prevent corrosion, including design, 
                                selection of materials, selection of 
                                coating, and cathodic protection; and
                                    ``(VII) actions to reduce 
                                disinfection byproducts.''; and
            (4) in subparagraph (D) (as redesignated by paragraph (2)) 
        by striking ``periodically'' and inserting ``at least 
        biennially''.
    (b) Guidance.--Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended--
            (1) by redesignating subsection (r) as subsection (t); and
            (2) by inserting after subsection (q) the following:
    ``(r) Small System Guidance.--The Administrator may provide 
guidance and, as appropriate, tools, methodologies, or computer 
software, to assist small public water systems in undertaking measures 
to improve the management, financial stability, and efficiency of the 
public water system or reduce the public water system's environmental 
impact.''.

SEC. 408. DISADVANTAGED COMMUNITIES.

    (a) Assistance To Increase Compliance.--Section 1452(b)(3) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(b)(3)), as amended, is 
further amended by adding at the end the following:
                    ``(E) Assistance to increase compliance.--A State's 
                intended use plan shall provide that, of the funds 
                received by the State through a capitalization grant 
                under this section for a fiscal year, the State will, 
                to the extent that there are sufficient eligible 
                project applications, reserve not less than 6 percent 
                to be spent on assistance under subsection (d) to 
                public water systems included in the State's most 
                recent list under paragraph (2)(D).''.
    (b) Assistance for Disadvantaged Communities.--Section 1452(d) of 
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``Such additional subsidization shall directly and primarily 
        benefit such community.''; and
            (2) in paragraph (3), by inserting ``, or portion of a 
        service area,'' after ``service area''.
    (c) Affordability Criteria.--Section 1452(d)(3) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(d)(3)) is amended by adding at 
the end: ``Each State that has entered into a capitalization agreement 
pursuant to this section shall, in establishing affordability criteria, 
consider, solicit public comment on, and include as appropriate--
                    ``(A) the methods or criteria that the State will 
                use to identify disadvantaged communities;
                    ``(B) a description of the institutional, 
                regulatory, financial, tax, or legal factors at the 
                Federal, State, or local level that affect identified 
                affordability criteria; and
                    ``(C) a description of how the State will use the 
                authorities and resources under this subsection to 
                assist communities meeting the identified criteria.''.

SEC. 409. ADMINISTRATION OF STATE LOAN FUNDS.

    Section 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(g)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``up to 4 
                percent of the funds allotted to the State under this 
                section'' and inserting ``, for each fiscal year, an 
                amount that does not exceed the sum of the amount of 
                any fees collected by the State for use in covering 
                reasonable costs of administration of programs under 
                this section, regardless of the source, and an amount 
                equal to the greatest of $400,000, \1/5\ of one percent 
                of the current valuation of the State loan fund, or 6 
                percent of all grant awards to the State loan fund 
                under this section for the fiscal year,'';
                    (B) in subparagraph (D), by striking ``1419,'' and 
                inserting ``1419.''; and
                    (C) in the matter following subparagraph (D)--
                            (i) by striking ``if the State'' and all 
                        that follows through ``1993.''; and
                            (ii) by striking ``2 percent'' and 
                        inserting ``4 percent''; and
            (2) by adding at the end the following:
            ``(5) Transfer of funds.--
                    ``(A) In general.--The Governor of a State may--
                            ``(i) reserve for any fiscal year not more 
                        than the lesser of--
                                    ``(I) 33 percent of a 
                                capitalization grant made under this 
                                section; or
                                    ``(II) 33 percent of a 
                                capitalization grant made under section 
                                601 of the Federal Water Pollution 
                                Control Act; and
                            ``(ii) add the funds so reserved to any 
                        funds provided to the State under this section 
                        or section 601 of the Federal Water Pollution 
                        Control Act.
                    ``(B) State matching funds.--Funds reserved under 
                this paragraph shall not be considered for purposes of 
                calculating the amount of a State contribution required 
                by subsection (e) of this section or section 602(b) of 
                the Federal Water Pollution Control Act.''.

SEC. 410. STATE REVOLVING LOAN FUNDS FOR AMERICAN SAMOA, NORTHERN 
              MARIANA ISLANDS, GUAM, AND THE VIRGIN ISLANDS.

    Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5 
percent''.

SEC. 411. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (m) of section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended to read as follows:
    ``(m) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $3,130,000,000 for fiscal year 2017;
                    ``(B) $3,600,000,000 for fiscal year 2018;
                    ``(C) $4,140,000,000 for fiscal year 2019;
                    ``(D) $4,800,000,000 for fiscal year 2020; and
                    ``(E) $5,500,000,000 for fiscal year 2021.
            ``(2) Availability.--Amounts made available pursuant to 
        this subsection shall remain available until expended.
            ``(3) Reservation for needs surveys.--Of the amount made 
        available under paragraph (1) to carry out this section for a 
        fiscal year, the Administrator may reserve not more than 
        $1,000,000 per year to pay the costs of conducting needs 
        surveys under subsection (h).''.

SEC. 412. AFFORDABILITY OF NEW STANDARDS.

    (a) Treatment Technologies for Small Public Water Systems.--Clause 
(ii) of section 1412(b)(4)(E) of the Safe Drinking Water Act (42 U.S.C. 
300g-1(b)(4)(E)) is amended by adding at the end the following: ``If no 
technology, treatment technique, or other means is included in a list 
under this subparagraph for a category of small public water systems, 
the Administrator shall periodically review the list and supplement it 
when new technology becomes available.''.
    (b) Assistance for Disadvantaged Communities.--
            (1) In general.--Subparagraph (E) of section 1452(a)(1) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(1)) is 
        amended--
                    (A) by striking ``except that the Administrator may 
                reserve'' and inserting ``except that--
                            ``(i) in any year in which enforcement of a 
                        new national primary drinking water standard 
                        begins, the Administrator may use the remaining 
                        amount to make grants to States whose public 
                        water systems are disproportionately affected 
                        by the new standard for the provision of 
                        assistance under subsection (d) to such public 
                        water systems;
                            ``(ii) the Administrator may reserve''; and
                    (B) by striking ``and none of the funds 
                reallotted'' and inserting ``; and
                            ``(iii) none of the funds reallotted''.
            (2) Elimination of certain provisions.--
                    (A) Section 1412(b) (42 U.S.C. 300g-1(b)) of the 
                Safe Drinking Water Act is amended by striking 
                paragraph (15).
                    (B) Section 1415 (42 U.S.C. 300g-4) of the Safe 
                Drinking Water Act is amended by striking subsection 
                (e).
            (3) Conforming amendments.--
                    (A) Subparagraph (B) of section 1414(c)(1) of the 
                Safe Drinking Water Act (42 U.S.C. 300g-3(c)(1)(B)) is 
                amended by striking ``, (a)(2), or (e)'' and inserting 
                ``or (a)(2)''.
                    (B) Section 1416(b)(2) of the Safe Drinking Water 
                Act (42 U.S.C. 300g-5(b)(2)) is amended by striking 
                subparagraph (D).
                    (C) Section 1445(h) of the Safe Drinking Water Act 
                (42 U.S.C. 300j-4(h)) is amended--
                            (i) by striking ``sections 1412(b)(4)(E) 
                        and 1415(e) (relating to small system variance 
                        program'' and inserting ``section 
                        1412(b)(4)(E)''; and
                            (ii) by striking ``guidance under sections 
                        1412(b)(4)(E) and 1415(e)'' and inserting 
                        ``guidance under section 1412(b)(4)(E)''.

SEC. 413. FOCUS ON LIFECYCLE COSTS.

    Section 1412(b)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(4)) is amended--
            (1) in subparagraph (D), by striking ``taking cost into 
        consideration'' and inserting ``taking lifecycle costs, 
        including maintenance, replacement, and avoided costs, into 
        consideration''; and
            (2) in subparagraph (E)(ii), in the matter preceding 
        subclause (I), by inserting ``taking lifecycle costs, including 
        maintenance, replacement, and avoided costs, into 
        consideration,'' after ``as determined by the Administrator in 
        consultation with the States,''.

SEC. 414. BEST PRACTICES FOR ADMINISTRATION OF STATE REVOLVING LOAN 
              FUND PROGRAMS.

    Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is 
amended by inserting after subsection (r), as added by section 407(b), 
the following:
    ``(s) Best Practices for Program Administration.--The Administrator 
shall--
            ``(1) collect information from States on administration of 
        State programs with respect to State loan funds, including--
                    ``(A) efforts to streamline the process for 
                applying for assistance through such programs;
                    ``(B) programs in place to assist with the 
                completion of application forms;
                    ``(C) incentives provided to systems that partner 
                with small public water systems for the application 
                process; and
                    ``(D) techniques to ensure that obligated balances 
                are liquidated in a timely fashion;
            ``(2) not later than 3 years after the date of enactment of 
        the Assistance, Quality, and Affordability Act of 2016, 
        disseminate to the States' best practices for administration of 
        such programs, based on the information collected pursuant to 
        this subsection; and
            ``(3) periodically update such best practices, as 
        appropriate.''.

       TITLE V--INCREASING COMPLIANCE AND COMMUNITY RIGHT TO KNOW

SEC. 501. STREAMLINING REPORTING AND ENFORCEMENT.

    (a) Enforcement.--
            (1) Advice and technical assistance.--Section 1414(a)(1) of 
        the Safe Drinking Water Act (42 U.S.C. 300g-3(a)(1)) is 
        amended--
                    (A) in subparagraph (A), in the matter following 
                clause (ii), by striking ``and provide such advice and 
                technical assistance to such State and public water 
                system as may be appropriate to bring the system into 
                compliance with the requirement by the earliest 
                feasible time''; and
                    (B) by adding at the end the following:
    ``(C) At any time after providing notice of a violation to a State 
and public water system under subparagraph (A), the Administrator may 
provide such advice and technical assistance to such State and public 
water system as may be appropriate to bring the system into compliance 
with the requirement by the earliest feasible time. In deciding whether 
the provision of advice or technical assistance is appropriate, the 
Administrator may consider the potential for the violation to result in 
serious adverse effects to human health, whether the violation has 
occurred continuously or frequently, and the effectiveness of past 
technical assistance efforts.''.
            (2) Additional inspections.--
                    (A) In general.--Section 1414 of the Safe Drinking 
                Water Act (42 U.S.C. 300g-3) is amended--
                            (i) by redesignating subsections (d) 
                        through (i) as subsections (e) through (j), 
                        respectively; and
                            (ii) by inserting after subsection (c) the 
                        following:
    ``(d) Additional Inspections Following Violations.--
            ``(1) In general.--The Administrator shall, by regulation, 
        and after consultation with the States, prescribe the number, 
        frequency, and type of additional inspections to follow any 
        violation requiring notice under subsection (c). Regulations 
        under this subsection shall--
                    ``(A) take into account--
                            ``(i) differences between violations that 
                        are intermittent or infrequent and violations 
                        that are continuous or frequent;
                            ``(ii) the seriousness of any potential 
                        adverse health effects that may be involved; 
                        and
                            ``(iii) the number and severity of past 
                        violations by the public water system; and
                    ``(B) specify procedures for inspections following 
                a violation by a public water system that has the 
                potential to have serious adverse effects on human 
                health as a result of short-term exposure.
            ``(2) State primary enforcement responsibility.--Nothing in 
        this subsection shall be construed or applied to modify the 
        requirements of section 1413.''.
                    (B) Conforming amendments.--
                            (i) Subsections (a)(1)(B), (a)(2)(A), and 
                        (b) of section 1414 of the Safe Drinking Water 
                        Act (42 U.S.C. 300g-3) are amended by striking 
                        ``subsection (g)'' each place it appears and 
                        inserting ``subsection (h)''.
                            (ii) Section 1448(a) of the Safe Drinking 
                        Water Act (42 U.S.C. 300j-7(a)) is amended by 
                        striking ``1414(g)(3)(B)'' and inserting 
                        ``1414(h)(3)(B)''.
    (b) Electronic Reporting of Compliance Monitoring Data to the 
Administrator.--
            (1) Requirement.--Section 1414 of the Safe Drinking Water 
        Act (42 U.S.C. 300g-3), as amended, is further amended by 
        adding at the end the following:
    ``(k) Electronic Reporting of Compliance Monitoring Data to the 
Administrator.--The Administrator shall by rule establish requirements 
for--
            ``(1) electronic submission by public water systems of all 
        compliance monitoring data--
                    ``(A) to the Administrator; or
                    ``(B) with respect to public water systems in a 
                State which has primary enforcement responsibility 
                under section 1413, to such State; and
            ``(2) electronic submission to the Administrator by each 
        State which has primary enforcement responsibility under 
        section 1413 of all compliance monitoring data submitted to 
        such State by public water systems pursuant to paragraph 
        (1)(B).''.
            (2) Final rule.--Not later than 12 months after the date of 
        the enactment of this Act, the Administrator of the 
        Environmental Protection Agency shall issue a final rule to 
        carry out section 1414(k) of the Safe Drinking Water Act, as 
        added by paragraph (1).

SEC. 502. CONSOLIDATION.

    (a) Mandatory Assessment and Consolidation.--Subsection (i) of 
section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3), as 
redesignated by section 501(a)(2), is amended by adding at the end the 
following:
            ``(3) Authority for mandatory assessment and mandatory 
        consolidation.--
                    ``(A) Mandatory assessment.--A State with primary 
                enforcement responsibility or the Administrator (if the 
                State does not have primary enforcement responsibility) 
                may require the owner or operator of a public water 
                system to assess options for consolidation, or transfer 
                of ownership of the system, as described in paragraph 
                (1), if--
                            ``(i) the public water system has 
                        repeatedly failed to comply with one or more 
                        national primary drinking water regulations;
                            ``(ii) such consolidation or transfer is 
                        feasible; and
                            ``(iii) such consolidation or transfer 
                        could result in greater compliance with 
                        national primary drinking water regulations.
                    ``(B) Mandatory consolidation.--A State with 
                primary enforcement responsibility or the Administrator 
                (if the State does not have primary enforcement 
                responsibility) may require the owner or operator of a 
                public water system to submit a plan for consolidation, 
                or transfer of ownership of the system, as described in 
                paragraph (1), and complete the actions required under 
                such plan if--
                            ``(i) the owner or operator of the public 
                        water system completed the assessment required 
                        under paragraph (A), but did not complete 
                        consolidation or transfer of ownership;
                            ``(ii) since completing such assessment, 
                        the public water system has failed to comply 
                        with one or more national primary drinking 
                        water regulations; and
                            ``(iii) such consolidation or transfer is 
                        feasible.
                    ``(C) Regulations.--Not later than 2 years after 
                the date of enactment of the Safe Drinking Water Act 
                Amendments of 2016, the Administrator shall promulgate 
                regulations to implement this paragraph.
            ``(4) Financial assistance.--Notwithstanding section 
        1452(a)(3), public water systems undertaking consolidation or 
        transfer of ownership pursuant to this section may receive 
        assistance under section 1452 to carry out such consolidation 
        or transfer.
            ``(5) Protection of non-responsible system.--
                    ``(A) Identification of liabilities.--An owner or 
                operator of a public water system submitting a plan 
                pursuant to this section shall identify as part of such 
                plan--
                            ``(i) any potential liability for damages 
                        arising from each specific violation identified 
                        in the plan of which the owner or operator is 
                        aware or should be aware; and
                            ``(ii) any funds or other assets available 
                        to satisfy such liability that are available, 
                        as of the date of submission of such plan, to 
                        the public water system that committed such 
                        violation.
                    ``(B) Reservation of funds.--A public water system 
                that has completed consolidation with another public 
                water system pursuant to a plan approved or required 
                pursuant to this section shall not be liable in a civil 
                action for any damages arising from a specific 
                violation identified in such plan, except to the extent 
                to which funds or other assets are identified pursuant 
                to subparagraph (A)(ii) as available to satisfy such 
                liability.''.
    (b) Retention of Primary Enforcement Authority.--
            (1) In general.--Section 1413(a) of the Safe Drinking Water 
        Act (42 U.S.C. 300g-2(a)) is amended--
                    (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) has adopted and is implementing procedures for 
        requiring public water systems to assess options for, and 
        complete, consolidation or transfer of ownership, in accordance 
        with the regulations issued by the Administrator to implement 
        section 1414(i)(3); and''.
            (2) Conforming amendment.--Section 1413(b)(1) of the Safe 
        Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by 
        striking ``of paragraphs (1), (2), (3), and (4)''.

SEC. 503. WATER VIOLATIONS INVENTORY.

    Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3), as 
amended, is further amended by adding at the end the following new 
subsection:
    ``(l) EPA Management of Data.--
            ``(1) Establishment of inventory.--Not later than one year 
        after the date of enactment of the Safe Drinking Water Act 
        Amendments of 2016, the Administrator shall establish and 
        maintain in a computer data base an inventory based on data 
        submitted to the Administrator under this section regarding 
        violations and exceedances. The Administrator shall make these 
        data publicly accessible and searchable by zip code and county, 
        and available in appropriate languages.
            ``(2) Report on hot spots and disproportionate impacts.--
        Not later than 2 years after the date of enactment of the Safe 
        Drinking Water Act Amendments of 2016, and annually thereafter, 
        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 on any 
        disproportionate impacts on communities of particular 
        demographic categories as shown by the data in the inventory 
        under paragraph (1).''.

SEC. 504. IMPROVED CONSUMER CONFIDENCE REPORTS.

    Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Revisions.--Not later than 24 months after 
                the date of enactment of the Safe Drinking Water Act 
                Amendments of 2016, the Administrator, in consultation 
                with the groups identified in subparagraph (A), shall 
                promulgate revisions to the regulations issued pursuant 
                to subparagraph (A) to increase the effectiveness and 
                understandability of consumer confidence reports.''.

                    TITLE VI--STUDIES AND TECHNOLOGY

SEC. 601. REAL TIME MONITORING TECHNOLOGY RESEARCH GRANTS.

    (a) Grant Program.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall establish a grant program to provide funds to 
projects to develop technology for real-time monitoring of drinking 
water contaminants. Grants awarded under this section shall be awarded 
on a competitive basis after solicitation and evaluation of proposals.
    (b) Projects.--Projects eligible for funding under the grant 
program established under this section include projects for the--
            (1) development of new hardware and technology, or 
        improvement of existing hardware or technology, that monitors 
        contaminants in drinking water in real-time; and
            (2) development of software that assists in real-time 
        monitoring of contaminants in drinking water.
    (c) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, 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 
describing the projects funded under the grant program established 
under this section and the technology that has been developed as a 
result of such projects.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for fiscal year 2017 to carry out this 
section, which shall remain available until expended.

SEC. 602. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN 
              SOURCES OF DRINKING WATER.

    Subsection (a) of section 1442 of the Safe Drinking Water Act (42 
U.S.C. 300j-1) is amended by adding at the end the following:
    ``(11) Presence of Pharmaceuticals and Personal Care Products in 
Sources of Drinking Water.--
            ``(A) Study.--The Administrator shall carry out a study on 
        the presence of pharmaceuticals and personal care products in 
        sources of drinking water, which shall--
                    ``(i) identify pharmaceuticals and personal care 
                products that have been detected in sources of drinking 
                water and the levels at which such pharmaceuticals and 
                personal care products have been detected;
                    ``(ii) identify the sources of pharmaceuticals and 
                personal care products in sources of drinking water, 
                including point sources and nonpoint sources of 
                pharmaceutical and personal care products;
                    ``(iii) identify the effects of such 
                pharmaceuticals and personal care products on humans, 
                the environment, and the safety of drinking water; and
                    ``(iv) identify methods to control, limit, treat, 
                or prevent the presence of such personal care 
                pharmaceuticals and products.
            ``(B) Consultation.--The Administrator shall conduct the 
        study described in subparagraph (A) in consultation with the 
        Secretary of Health and Human Services (acting through the 
        Commissioner of Food and Drugs), the Director of the United 
        States Geological Survey, the heads of other appropriate 
        Federal agencies (including the National Institute of 
        Environmental Health Sciences), and other interested 
        stakeholders (including manufacturers of pharmaceuticals and 
        personal care products and consumer groups and advocates).
            ``(C) Report.--Not later than 4 years after the date of the 
        enactment of this paragraph, the Administrator shall submit to 
        the Congress a report on the results of the study carried out 
        under this paragraph.
            ``(D) Definitions.--In this paragraph:
                    ``(i) The term `personal care product' has the 
                meaning given the term `cosmetic' in section 201 of the 
                Federal Food, Drug, and Cosmetic Act.
                    ``(ii) The term `pharmaceutical' has the meaning 
                given the term `drug' in section 201 of the Federal 
                Food, Drug, and Cosmetic Act.''.

SEC. 603. WATER LOSS AND LEAK CONTROL TECHNOLOGY.

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

``SEC. 1459B. WATER LOSS AND LEAK CONTROL TECHNOLOGY.

    ``The Administrator shall--
            ``(1) not later than 5 years after the date of enactment of 
        this section, develop criteria for effective water loss and 
        leak control technology to be used by public water systems; and
            ``(2) implement a program through which a manufacturer of 
        such technology may apply, on a voluntary basis, for 
        certification of compliance with such criteria.''.
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