[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2820 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2820

   To amend the Safe Drinking Water Act to update and modernize the 
 reporting requirements for contaminants, including lead, in drinking 
                                 water.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2016

  Mr. Markey introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Safe Drinking Water Act to update and modernize the 
 reporting requirements for contaminants, including lead, in drinking 
                                 water.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Contaminant and Lead Electronic 
Accounting and Reporting Requirements (CLEARR) for Drinking Water Act 
of 2016''.

SEC. 2. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.

    (a) Assistance To Increase Compliance With National Drinking Water 
Standards.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j-12) is amended--
            (1) in subsection (b)(3), by adding at the end the 
        following:
                    ``(C) Assistance to increase compliance.--An 
                intended use plan shall provide that, of the funds 
                received by the State in a fiscal year through a 
                capitalization grant under this section, the State 
                shall, to the extent that the State receives sufficient 
                eligible project applications, reserve not less than 6 
                percent of those funds to provide assistance under 
                subsection (d) to one or more public water systems 
                described in a list included in an intended use plan 
                under paragraph (2)(D).''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as paragraphs (2), (3), and (1), respectively;
                    (B) by moving the paragraphs so as to appear in 
                numerical order;
                    (C) in paragraph (1) (as redesignated by 
                subparagraph (A))--
                            (i) in the first sentence--
                                    (I) by striking ``In this 
                                subsection'' and inserting the 
                                following:
                    ``(A) In general.--In this subsection''; and
                                    (II) by inserting ``, or a portion 
                                of the service area,'' after ``service 
                                area''; and
                            (ii) in the second sentence, by striking 
                        ``The Administrator'' and inserting the 
                        following:
                    ``(B) Affordability criteria for disadvantaged 
                communities.--
                            ``(i) In general.--In establishing 
                        affordability criteria, each State that has 
                        entered into a capitalization agreement under 
                        this section shall consider, solicit public 
                        comment on, and include in the affordability 
                        criteria, as appropriate--
                                    ``(I) the methods or criteria that 
                                the State intends to use to identify 
                                disadvantaged communities;
                                    ``(II) a description of the 
                                institutional, regulatory, financial, 
                                tax, or legal factors at the Federal, 
                                State, or local level that affect the 
                                affordability criteria; and
                                    ``(III) a description of the manner 
                                in which the State will assist a 
                                disadvantaged community under this 
                                subsection.
                            ``(ii) Assistance to states.--The 
                        Administrator'';
                    (D) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``Notwithstanding'' and 
                        inserting the following:
                    ``(A) Additional subsidization.--Notwithstanding''; 
                and
                            (ii) by adding at the end the following:
                    ``(B) Direct and primary benefit.--Any additional 
                subsidization provided under subparagraph (A) shall 
                directly and primarily benefit the disadvantaged 
                community.''; and
                    (E) in paragraph (3) (as redesignated by 
                subparagraph (A)), by striking ``paragraph (1)'' and 
                inserting ``paragraph (2)''.
    (b) Conforming Amendment.--Section 1452(f)(1)(B) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(f)(1)(B)) is amended by striking 
``subsection (d)(3)'' and inserting ``subsection (d)(1)''.

SEC. 3. DRINKING WATER QUALITY IMPROVEMENT FOR MINORITY, TRIBAL, AND 
              LOW-INCOME COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Water quality testing.--The term ``water quality 
        testing'' means the testing of drinking water for the presence 
        of lead or any other contaminant that poses a public health 
        risk.
    (b) Formal Guidance.--The Administrator shall issue formal guidance 
to develop a process to protect and improve the drinking water of 
minority, tribal, and low-income communities.
    (c) Expedited Water Quality Testing.--
            (1) In general.--In developing the process described in 
        subsection (b), the Administrator shall establish and maintain, 
        within the Office of Environmental Justice of the Environmental 
        Protection Agency, a process by which a minority, tribal, or 
        low-income community, as defined by the Director of the Office 
        of Environmental Justice of the Environmental Protection 
        Agency, may request expedited water quality testing of the 
        drinking water of the community for the presence of lead or any 
        other contaminant that poses a public health risk to 
        individuals in the community.
            (2) Results.--The Administrator shall provide to the 
        requestor the results of an expedited water quality testing 
        carried out in accordance with paragraph (1) in a timely 
        manner.
            (3) Website.--The Administrator shall develop and maintain 
        a publicly accessible website through which a request for 
        expedited water quality testing in accordance with paragraph 
        (1) may be submitted, in compliance with applicable Federal law 
        (including regulations) and policies relating to the protection 
        of individual privacy.
            (4) Performance measure.--
                    (A) In general.--The Administrator shall develop a 
                performance measure for the expedited water quality 
                testing carried out in accordance with paragraph (1) to 
                determine the average number of days between the date 
                of submission of a request for expedited water quality 
                testing and the date of completion of a request.
                    (B) Reporting.--The performance measure described 
                in subparagraph (A) shall be published on the website 
                described in paragraph (3) not less frequently than 
                once each calendar year.
    (d) Electronic Database.--The Administrator shall develop and 
maintain an electronic database of water quality and health screening 
tests that includes the results of any--
            (1) water system supplier water quality test required under 
        the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
            (2) health screening, including blood lead test results, 
        aggregated not less frequently than once each month on a 
        geographic scale not smaller than county level, to be 
        coordinated with the Director of the Centers for Disease 
        Control and Prevention, required under section 317A of the 
        Public Health Service Act (42 U.S.C. 247b-l) and in accordance 
        with the Health Insurance Portability and Accountability Act of 
        1996 (42 U.S.C. 201 et seq.); and
            (3) expedited water quality testing carried out in 
        accordance with subsection (c)(1).
    (e) Regional Liaison.--
            (1) In general.--In developing the process described in 
        subsection (b), the Administrator shall ensure that not fewer 
        than 1 employee in each regional office of the Environmental 
        Protection Agency will serve as a liaison to minority, tribal, 
        and low-income communities in the relevant region.
            (2) Public identification.--The Administrator shall 
        prominently identify each regional liaison selected under 
        paragraph (1) on the website of--
                    (A) the relevant regional office of the 
                Environmental Protection Agency; and
                    (B) the Office of Environmental Justice of the 
                Environmental Protection Agency.
    (f) Community Partnership.--The Administrator may make grants to 
community organizations that represent, operate in, or serve a 
minority, tribal, or low-income community, as determined by the 
Administrator, to educate the residents of the community on--
            (1) contaminants in drinking water that may have an adverse 
        effect on human health; and
            (2) assistance that the Administrator may provide to 
        residents to identify and address a drinking water contaminant 
        that may have an adverse effect on human health.
    (g) Public Interest Science Partnerships.--The Administrator may 
create a partnership with an academic or research institution, 
including another Federal agency, to conduct or promote science that 
serves the public interest by sharing data or costs or engaging in any 
other activity of mutual benefit--
            (1) to identify--
                    (A) any contaminant in drinking water that may have 
                an adverse effect on human health; and
                    (B) a significant public health crisis caused by 
                any violation or contamination that--
                            (i) has the potential to have a serious 
                        adverse effect on human health that requires 
                        notice under section 1414(c)(2)(C) of the Safe 
                        Drinking Water Act (42 U.S.C. 300g-3(c)(2)(C)); 
                        or
                            (ii) may present an imminent and 
                        substantial endangerment to the health of 
                        persons (within the meaning of section 1431(a) 
                        of the Safe Drinking Water Act (42 U.S.C. 
                        300i(a))); and
            (2) to measure the risk that a minority, tribal, or low-
        income community faces from contaminants in drinking water that 
        may have an adverse effect on human health.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated for the period of fiscal years 2018 through 2022--
            (1) to carry out subsection (c), $2,000,000;
            (2) to provide grants to community partners to carry out 
        subsection (f), $5,000,000; and
            (3) to carry out subsection (g), $10,000,000.

SEC. 4. COMPLIANCE AND INSPECTIONS OF PUBLIC WATER SUPPLIES.

    (a) Reporting Noncompliance.--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 that includes--
                            ``(i) any public water system in the State 
                        that--
                                    ``(I) has in effect an exemption or 
                                variance for any national primary 
                                drinking water regulation;
                                    ``(II) is in persistent violation 
                                of any requirement for a maximum 
                                contaminant level or treatment 
                                technique under a national primary 
                                drinking water regulation; or
                                    ``(III) the State or Administrator 
                                determines may present an imminent and 
                                substantial endangerment to the health 
                                of persons (within the meaning of 
                                section 1431(a));
                            ``(ii) the relevant national primary 
                        drinking regulation for the exemption, 
                        variance, or violation; and
                            ``(iii)(I) the effective date of the 
                        exemption or variance; or
                            ``(II) the date on which the persistent 
                        violation began.''.
    (b) Advice and Technical Assistance.--Section 1414(a)(1) of the 
Safe Drinking Water Act (42 U.S.C. 300g-3(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the undesignated matter preceding clause 
                (i), by striking ``Whenever'' and inserting ``The 
                Administrator shall notify the State and the public 
                water system of noncompliance by the public water 
                system if'';
                    (B) in clause (ii), by striking ``pursuant 
                thereto,'' and inserting ``in accordance with that 
                variance or exemption.''; and
                    (C) by striking the undesignated matter following 
                clause (ii); and
            (2) by adding at the end the following:
                    ``(C) Advice and technical assistance.--
                            ``(i) In general.--After providing notice 
                        of noncompliance to the State and the public 
                        water system under subparagraph (A), the 
                        Administrator may provide such advice and 
                        technical assistance to the State and public 
                        water system as the Administrator determines 
                        appropriate to bring the public water system 
                        into compliance with the variance or exemption 
                        by the earliest date feasible.
                            ``(ii) Considerations.--In making a 
                        determination to provide advice and technical 
                        assistance under clause (i), the Administrator 
                        may consider--
                                    ``(I) the potential for the 
                                noncompliance to result in a serious 
                                adverse effect to human health;
                                    ``(II) whether the noncompliance 
                                has occurred continuously or 
                                frequently; and
                                    ``(III) the effectiveness of any 
                                past technical assistance effort.''.
    (c) Additional Inspections.--Section 1414 of the Safe Drinking 
Water Act (42 U.S.C. 300g-3) is amended--
            (1) by redesignating subsections (d) through (i) as 
        subsections (e) through (j), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Additional Inspections After a Violation.--
            ``(1) In general.--After consultation with the States, the 
        Administrator shall, by regulation, prescribe the number, 
        frequency, and type of additional inspections that shall be 
        carried out after any violation that requires notice under 
        subsection (c).
            ``(2) Regulations.--The regulations issued under paragraph 
        (1) shall--
                    ``(A) take into account--
                            ``(i) the difference between--
                                    ``(I) intermittent or infrequent 
                                violations; and
                                    ``(II) continuous or frequent 
                                violations;
                            ``(ii) the seriousness of any potential 
                        adverse health effect that may be related to a 
                        violation; and
                            ``(iii) the number and severity of a past 
                        violation by a public water system; and
                    ``(B) specify the procedure for an inspection after 
                a violation by a public water system that has the 
                potential to cause a serious adverse effect on human 
                health due to short-term exposure to a contaminant.''.
            (3) Conforming amendments.--
                    (A) Section 1414 of the Safe Drinking Water Act (42 
                U.S.C. 300g-3) is amended--
                            (i) in subsection (a)--
                                    (I) in paragraph (1)(B), by 
                                striking ``subsection (g)'' and 
                                inserting ``subsection (h)''; and
                                    (II) in paragraph (2)(A), in the 
                                undesignated matter following clause 
                                (ii), by striking ``subsection (g)'' 
                                and inserting ``subsection (h)''; and
                            (ii) in subsection (b), in the undesignated 
                        matter preceding paragraph (1), by striking 
                        ``subsection (g)'' and inserting ``subsection 
                        (h)''.
                    (B) Section 1448(a) of the Safe Drinking Water Act 
                (42 U.S.C. 300j-7(a)) is amended in the third sentence 
                of the undesignated matter following paragraph (2) by 
                striking ``1414(g)(3)(B)'' and inserting 
                ``1414(h)(3)(B)''.

SEC. 5. ELECTRONIC REPORTING OF TEST RESULTS.

    Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) (as 
amended by section 4(c)(1)) is amended by adding at the end the 
following:
    ``(k) Electronic Reporting of Compliance Monitoring Data.--Not 
later than 1 year after the date of enactment of this subsection, the 
Administrator shall issue a final rule that establishes requirements 
for electronic submission--
            ``(1) by public water systems of all compliance monitoring 
        data--
                    ``(A) to the Administrator; or
                    ``(B) with respect to a public water system in a 
                State that has primary enforcement responsibility under 
                section 1413, to that State; and
            ``(2) by each State that has primary enforcement 
        responsibility under section 1413 to the Administrator all 
        compliance monitoring data submitted by a public water system 
        to the State under paragraph (1)(B).''.

SEC. 6. PRIORITY OF APPLICATIONS.

    Section 1452(b)(3)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(b)(3)(A)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting at the end the following:
                            ``(iv) improve--
                                    ``(I) real-time continuous on-site 
                                electronic monitoring; or
                                    ``(II) transmission of testing 
                                results; and
                            ``(v) improve the ability of a public water 
                        system--
                                    ``(I) to protect human health; and
                                    ``(II) to comply with this title in 
                                manner that is affordable.''.

SEC. 7. NOTIFICATION OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION 
              AND STATE HEALTH AGENCIES.

    Section 1414(c)(2)(C) of the Safe Drinking Water Act (42 U.S.C. 
300g-3(c)(2)(C)) is amended--
            (1) in clause (iii)--
                    (A) by striking ``Administrator or'' and inserting 
                ``Administrator, the Director of the Centers for 
                Disease Control and Prevention, and, if applicable,'';
                    (B) by inserting ``and the appropriate State and 
                county health agencies'' after ``1413''; and
                    (C) by striking ``and'' at the end;
            (2) by redesignating clause (iv) as clause (v); and
            (3) by inserting after clause (iii) the following:
                            ``(iv) be provided to each person served by 
                        the public water system--
                                    ``(I) in the first billing 
                                statement that the public water system 
                                prepares after the date on which the 
                                violation occurs; and
                                    ``(II) in a manner consistent with 
                                clause (ii); and''.
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