[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2535 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2535

To provide deadlines for corrosion control treatment steps for lead and 
             copper in drinking water, and other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2016

Mr. Brown (for himself and Mr. Portman) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To provide deadlines for corrosion control treatment steps for lead and 
             copper in drinking water, and other purposes.

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

SECTION 1. CORROSION CONTROL TREATMENT STEPS FOR LEAD AND COPPER IN 
              DRINKING WATER.

    (a) Lead and Copper in Drinking Water.--Section 1412(b) of the Safe 
Drinking Water Act (42 U.S.C. 300g-1(b)) is amended--
            (1) by redesignating paragraphs (14) and (15) as paragraphs 
        (15) and (16), respectively;
            (2) by inserting after paragraph (13) the following:
            ``(14) Lead and copper in drinking water.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Action level.--The term `action 
                        level', with respect to lead or copper, means 
                        the concentration of lead or copper in water 
                        described in section 141.80(c) of title 40, 
                        Code of Federal Regulations (or a successor 
                        regulation).
                            ``(ii) Medium water system.--The term 
                        `medium water system' means a public water 
                        system that serves--
                                    ``(I) not fewer than 3,300 persons; 
                                and
                                    ``(II) not more than 50,000 
                                persons.
                            ``(iii) Optimal corrosion control 
                        treatment.--The term `optimal corrosion control 
                        treatment' means the corrosion control 
                        treatment that--
                                    ``(I) minimizes the concentration 
                                of lead and copper at the taps of 
                                users; and
                                    ``(II) ensures that the corrosion 
                                control treatment does not cause the 
                                water system to violate any national 
                                primary drinking water regulation.
                            ``(iv) Small water system.--The term `small 
                        water system' means a public water system that 
                        serves not more than 3,300 persons.
                            ``(v) State agency.--The term `State 
                        agency' means--
                                    ``(I) the agency of the State or 
                                tribal government that has jurisdiction 
                                over a small or medium water system; or
                                    ``(II) during any period in which a 
                                State or tribal government does not 
                                have primary enforcement responsibility 
                                under section 1413, the applicable 
                                Regional Administrator of the Agency.
                    ``(B) Corrosion control treatment steps and 
                deadlines for small and medium water systems.--
                            ``(i) Initial tap sampling.--Except as 
                        determined by the Administrator, a small or 
                        medium water system shall conduct initial tap 
                        sampling in accordance with sections 
                        141.86(d)(1) and 141.87(b) of title 40, Code of 
                        Federal Regulations (or successor regulations) 
                        until the date on which the small or medium 
                        water system--
                                    ``(I) exceeds the lead or copper 
                                action level; or
                                    ``(II) becomes eligible for reduced 
                                monitoring under section 141.86(d)(4) 
                                of title 40, Code of Federal 
                                Regulations (or a successor 
                                regulation).
                            ``(ii) Corrosion control treatment.--Except 
                        as determined by the Administrator, a small or 
                        medium water system that exceeds a lead or 
                        copper action level shall carry out the 
                        following corrosion control treatment steps:
                                    ``(I) Water system 
                                recommendation.--Not later than 120 
                                days after the last day of the 
                                monitoring period in which the small or 
                                medium water system exceeded a lead or 
                                copper action level, the small or 
                                medium water system shall recommend 
                                optimal corrosion control treatment in 
                                accordance with section 141.82(a) of 
                                title 40, Code of Federal Regulations 
                                (or a successor regulation).
                                    ``(II) Optimal control treatment 
                                deadlines.--
                                            ``(aa) Corrosion control 
                                        studies.--

                                                    ``(AA) In 
                                                general.--Not later 
                                                than 90 days after the 
                                                last day of the 
                                                monitoring period in 
                                                which the small or 
                                                medium water system 
                                                exceeded a lead or 
                                                copper action level, 
                                                the State agency may 
                                                require the small or 
                                                medium water system to 
                                                perform corrosion 
                                                control studies in 
                                                accordance with section 
                                                141.82(b) of title 40, 
                                                Code of Federal 
                                                Regulations (or a 
                                                successor regulation).

                                                    ``(BB) Deadline.--
                                                Not later than 1 year 
                                                after the date on which 
                                                the State agency 
                                                requires that the 
                                                corrosion control 
                                                studies described in 
                                                subitem (AA) be 
                                                conducted, the small or 
                                                medium water system 
                                                shall complete the 
                                                corrosion control 
                                                studies in accordance 
                                                with section 141.82(c) 
                                                of title 40, Code of 
                                                Federal Regulations (or 
                                                a successor 
                                                regulation).

                                            ``(bb) Designation by the 
                                        state.--If the State agency 
                                        does not require the small or 
                                        medium water system to perform 
                                        the corrosion control studies 
                                        described in item (aa), not 
                                        later than 90 days after the 
                                        last day of the monitoring 
                                        period in which the small or 
                                        medium water system exceeded 
                                        the lead or copper action 
                                        level, the State agency shall 
                                        designate optimal control 
                                        treatment in accordance with 
                                        section 141.82(d) of title 40, 
                                        Code of Federal Regulations (or 
                                        a successor regulation).
                                            ``(cc) Installation.--Not 
                                        later than 1 year after the 
                                        date on which the State agency 
                                        designates optimal control 
                                        treatment described in item 
                                        (bb), the small or medium water 
                                        system shall install the 
                                        optimal corrosion control 
                                        treatment in accordance with 
                                        section 141.82(e) of title 40, 
                                        Code of Federal Regulations (or 
                                        a successor regulation).
                                    ``(III) Follow-up sampling.--Not 
                                later than 2 years after the date on 
                                which a State agency designates optimal 
                                control treatment described in 
                                subclause (II)(bb), the small or medium 
                                water system shall complete follow-up 
                                sampling in accordance with sections 
                                141.86(d)(2) and 141.87(c) of title 40, 
                                Code of Federal Regulations (or 
                                successor regulations).
                                    ``(IV) Review.--Not later than 180 
                                days after the date on which a small or 
                                medium water system completes the 
                                follow-up sampling described in 
                                subclause (III), the State agency 
                                shall--
                                            ``(aa) review the 
                                        installation of optimal control 
                                        treatment in the small or 
                                        medium water system; and
                                            ``(bb) designate optimal 
                                        water quality control 
                                        parameters in accordance with 
                                        section 141.82(f) of title 40, 
                                        Code of Federal Regulations (or 
                                        a successor regulation).
                                    ``(V) Compliance and tap 
                                sampling.--Following the review 
                                conducted under subclause (IV), the 
                                small or medium water system shall--
                                            ``(aa) operate in 
                                        compliance with the State 
                                        agency-designated optimal water 
                                        quality control parameters in 
                                        accordance with section 
                                        141.82(g) of title 40, Code of 
                                        Federal Regulations (or a 
                                        successor regulation); and
                                            ``(bb) continue to conduct 
                                        tap sampling in accordance with 
                                        sections 141.86(d)(3) and 
                                        141.87(d) of title 40, Code of 
                                        Federal Regulations (or 
                                        successor regulations).''.
    (b) Conforming Amendments.--Section 1415(e) of the Safe Drinking 
Water Act (42 U.S.C. 300g-4(e)) is amended--
            (1) in paragraph (2)(A), by striking ``1412(b)(15)'' and 
        inserting ``1412(b)(16)''; and
            (2) in paragraph (7)(A)--
                    (A) in clause (ii), by striking ``1412(b)(15)'' and 
                inserting ``1412(b)(16)''; and
                    (B) in clause (iii), by striking ``1412(b)(15)(A)'' 
                and inserting ``1412(b)(16)(A)''.

SEC. 2. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD EXPOSURE; SHORT-
              TERM REMEDY.

    (a) Exceedance of Lead Action Level.--Section 1414(c) of the Safe 
Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(D) Notice of any exceedance of a lead action 
                level or any other prescribed level of lead in a 
                regulation issued under section 1412, including the 
                concentrations of lead found in a monitoring activity 
                or any other level of lead determined by the 
                Administrator to warrant notice, either on a case-
                specific or more general basis.'';
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) Exceedance of lead action level.--Regulations 
                issued under subparagraph (A) shall specify 
                notification procedures for an exceedance of a lead 
                action level or any other prescribed level of lead in a 
                regulation issued under section 1412.'';
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (4) by inserting after paragraph (2) the following:
            ``(3) Notification of the public relating to lead.--
                    ``(A) Exceedance of lead action level.--Not later 
                than 15 days after the date of being notified by the 
                primary agency of an exceedance of a lead action level 
                or any other prescribed level of lead in a regulation 
                issued under section 1412, including the concentrations 
                of lead found in a monitoring activity or any other 
                level of lead determined by the Administrator to 
                warrant notice, either on a case-specific or more 
                general basis, the Administrator shall notify the 
                public of the concentrations of lead found in the 
                monitoring activity conducted by the public water 
                system if the public water system or the State does not 
                notify the public of the concentrations of lead found 
                in a monitoring activity.
                    ``(B) Results of lead monitoring.--
                            ``(i) In general.--The Administrator may 
                        provide notice of any result of lead monitoring 
                        conducted by a public water system to--
                                    ``(I) any person that is served by 
                                the public water system; or
                                    ``(II) the local or State health 
                                department of a locality or State in 
                                which the public water system is 
                                located.
                            ``(ii) Form of notice.--The Administrator 
                        may provide the notice described in clause (i) 
                        by--
                                    ``(I) press release; or
                                    ``(II) other form of communication, 
                                including local media.
            ``(4) Short-term remedy for lead in drinking water.--
                    ``(A) In general.--In the case of an exceedance of 
                a lead action level or any other prescribed level of 
                lead in a regulation issued under section 1412, 
                including the concentrations of lead found in a 
                monitoring activity or any other level of lead 
                determined by the Administrator to warrant notice under 
                paragraph (3), not later than 7 days after the date on 
                which notice is provided to the public under paragraph 
                (3), the State that has primary enforcement 
                responsibility under section 1413 shall provide a 
                short-term remedy, including bottled water or a water 
                filtration system, to each affected household.
                    ``(B) Nonprimary states.--In a State in which the 
                State does not have primary enforcement responsibility 
                under section 1413, the public water system shall 
                provide the short-term remedy described in subparagraph 
                (A).''.
    (b) Conforming Amendments.--Section 1414(c) of the Safe Drinking 
Water Act (42 U.S.C. 300g-3(c)) is amended--
            (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
        and inserting ``paragraph (2)(F)'';
            (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
        (D)'' and inserting ``subparagraph (E)''; and
            (3) in paragraph (3)(B), in the first sentence, by striking 
        ``(D)'' and inserting ``(E)''.

SEC. 3. CONSUMER CONFIDENCE REPORTS.

    Paragraph (6) of section 1414(c) of the Safe Drinking Water Act (as 
redesignated by section 2(a)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``The 
                Administrator'' and inserting the following:
                            ``(i) Regulations.--
                                    ``(I) In general.--The 
                                Administrator'';
                    (B) in the second sentence, by striking ``Such 
                regulations shall provide a'' and inserting the 
                following:
                                    ``(II) Information on regulated 
                                contaminants.--The regulations 
                                described in subclause (I) shall 
                                contain the following:
                                            ``(aa) Definitions and 
                                        statements.--A'';
                    (C) in the third sentence, by striking ``The 
                regulations shall also include a'' and inserting the 
                following:
                                            ``(bb) Contaminants in 
                                        drinking water.--A'';
                    (D) in the fourth sentence, by striking ``The 
                regulations shall also provide'' and inserting the 
                following:
                                            ``(cc) Toll-free hotline.--
                                        A provision''; and
                    (E) by adding at the end the following:
                            ``(ii) Posting on website.--Each State 
                        water regulatory authority shall post the 
                        annual consumer confidence report of each 
                        community water system on the website of the 
                        State regulatory agency.'';
            (2) in subparagraph (B), by inserting after clause (vi) the 
        following:
                            ``(vii) An educational statement about lead 
                        in drinking water in accordance with section 
                        141.154 of title 40, Code of Federal 
                        Regulations (or a successor regulation).''.
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