[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 279
115th CONGRESS
  1st Session
                                H. R. 3387

                          [Report No. 115-380]

 To amend the Safe Drinking Water Act to improve public water systems 
     and enhance compliance with such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2017

  Mr. Harper introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                            November 1, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 2017]


_______________________________________________________________________

                                 A BILL


 
 To amend the Safe Drinking Water Act to improve public water systems 
     and enhance compliance with such Act, and for other purposes.


 


    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 ``Drinking Water System Improvement 
Act of 2017''.

SEC. 2. IMPROVED CONSUMER CONFIDENCE REPORTS.

    Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended--
            (1) in the heading for subparagraph (A), by striking 
        ``Annual reports'' and inserting ``Reports'';
            (2) in subparagraph (A), by inserting ``, or provide by 
        electronic means,'' after ``to mail'';
            (3) in subparagraph (B)--
                    (A) in clause (iv), by striking ``the 
                Administrator, and'' and inserting ``the Administrator, 
                including corrosion control efforts, and''; and
                    (B) by adding at the end the following clause:
                            ``(vii) Identification of, if any--
                                    ``(I) exceedances described in 
                                paragraph (1)(D) for which corrective 
                                action has been required by the 
                                Administrator or the State (in the case 
                                of a State exercising primary 
                                enforcement responsibility for public 
                                water systems) during the monitoring 
                                period covered by the consumer 
                                confidence report; and
                                    ``(II) violations that occurred 
                                during the monitoring period covered by 
                                the consumer confidence report.''; and
            (4) by adding at the end the following new subparagraph:
                    ``(F) Revisions.--
                            ``(i) Understandability and frequency.--Not 
                        later than 24 months after the Drinking Water 
                        System Improvement Act of 2017, the 
                        Administrator, in consultation with the parties 
                        identified in subparagraph (A), shall issue 
                        revisions to the regulations issued under 
                        subparagraph (A)--
                                    ``(I) to increase--
                                            ``(aa) the readability, 
                                        clarity, and understandability 
                                        of the information presented in 
                                        consumer confidence reports; 
                                        and
                                            ``(bb) the accuracy of 
                                        information presented, and risk 
                                        communication, in consumer 
                                        confidence reports; and
                                    ``(II) with respect to community 
                                water systems that serve 10,000 or more 
                                persons, to require each such community 
                                water system to provide, by mail, 
                                electronic means, or other methods 
                                described in clause (ii), a consumer 
                                confidence report to each customer of 
                                the system at least biannually.
                            ``(ii) Electronic delivery.--Any revision 
                        of regulations pursuant to clause (i) shall 
                        allow delivery of consumer confidence reports 
                        by methods consistent with methods described in 
                        the memorandum `Safe Drinking Water Act-
                        Consumer Confidence Report Rule Delivery 
                        Options' issued by the Environmental Protection 
                        Agency on January 3, 2013.''.

SEC. 3. CONTRACTUAL AGREEMENTS.

    (a) In General.--Section 1414(h)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g-3(h)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) entering into a contractual agreement for 
                significant management or administrative functions of 
                the system to correct violations identified in the 
                plan.''.
    (b) Technical Amendment.--Section 1414(i)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300g-3(i)(1)) is amended by inserting a comma 
after ``1417''.

SEC. 4. CONSOLIDATION.

    (a) Mandatory Assessment and Consolidation.--Subsection (h) of 
section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) 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--
                                    ``(I) has repeatedly violated one 
                                or more national primary drinking water 
                                regulations and such repeated 
                                violations are likely to adversely 
                                affect human health; and
                                    ``(II)(aa) is unable or unwilling 
                                to take feasible and affordable 
                                actions, as identified by the State 
                                with primary enforcement responsibility 
                                or the Administrator (if the State does 
                                not have primary enforcement 
                                responsibility), that will result in 
                                the public water system complying with 
                                the national primary drinking water 
                                regulations described in subclause (I), 
                                including accessing technical 
                                assistance and financial assistance 
                                through the State loan fund pursuant to 
                                section 1452; or
                                    ``(bb) has already undertaken 
                                actions described in item (aa) without 
                                achieving compliance;
                            ``(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.--After review of an 
                assessment under subparagraph (A), 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 that completed such assessment to submit a plan 
                for consolidation, or transfer of ownership of the 
                system, under paragraph (1), and complete the actions 
                required under such plan if--
                            ``(i) the owner or operator of the public 
                        water system--
                                    ``(I) has not taken steps to 
                                complete consolidation;
                                    ``(II) has not transferred 
                                ownership of the system; or
                                    ``(III) was unable to achieve 
                                compliance after taking the actions 
                                described in clause (i)(II)(aa) of 
                                subparagraph (A);
                            ``(ii) since completing such assessment, 
                        the public water system has violated one or 
                        more national primary drinking water 
                        regulations and such violations are likely to 
                        adversely affect human health; and
                            ``(iii) such consolidation or transfer is 
                        feasible.
            ``(4) Financial assistance.--Notwithstanding section 
        1452(a)(3), a public water system undertaking consolidation or 
        transfer of ownership or alternative actions to achieve 
        compliance pursuant to this subsection may receive assistance 
        under section 1452 to carry out such consolidation, transfer, 
        or alternative actions.
            ``(5) Protection of nonresponsible system.--
                    ``(A) Identification of liabilities.--
                            ``(i) In general.--An owner or operator of 
                        a public water system submitting a plan 
                        pursuant to paragraph (3) 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; 
                                and
                                    ``(II) any funds or other assets 
                                that are available to satisfy such 
                                liability, as of the date of submission 
                                of such plan, to the public water 
                                system that committed such violation.
                            ``(ii) Inclusion.--In carrying out clause 
                        (i), the owner or operator shall take 
                        reasonable steps to ensure that all potential 
                        liabilities for damages arising from each 
                        specific violation identified in the plan 
                        submitted pursuant to paragraph (3) are 
                        identified.
                    ``(B) Reservation of funds.--A public water system 
                that has completed the actions required under a plan 
                submitted and approved pursuant to paragraph (3) shall 
                not be liable under this title for a violation of this 
                title identified in the plan, except to the extent to 
                which funds or other assets are identified pursuant to 
                subparagraph (A)(i)(II) as available to satisfy such 
                liability.
            ``(6) Regulations.--Not later than 2 years after the date 
        of enactment of the Drinking Water System Improvement Act of 
        2017, the Administrator shall promulgate regulations to 
        implement paragraphs (3), (4), and (5).''.
    (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 under section 
        1414(h)(6); 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. 5. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING 
              DATA.

    Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is 
amended by adding at the end the following new subsection:
    ``(j) Improved Accuracy and Availability of Compliance Monitoring 
Data.--
            ``(1) Strategic plan.--Not later than 1 year after the date 
        of enactment of this subsection, the Administrator, in 
        coordination with States, public water systems, and other 
        interested stakeholders, shall develop and provide to Congress 
        a strategic plan for improving the accuracy and availability of 
        monitoring data collected to demonstrate compliance with 
        national primary drinking water regulations and submitted--
                    ``(A) by public water systems to States; or
                    ``(B) by States to the Administrator.
            ``(2) Evaluation.--In developing the strategic plan under 
        paragraph (1), the Administrator shall evaluate any challenges 
        faced--
                    ``(A) in ensuring the accuracy and integrity of 
                submitted data described in paragraph (1);
                    ``(B) by States and public water systems in 
                implementing an electronic system for submitting such 
                data, including the technical and economic feasibility 
                of implementing such a system; and
                    ``(C) by users of such electronic systems in being 
                able to access such data.
            ``(3) Findings and recommendations.--The Administrator 
        shall include in the strategic plan provided to Congress under 
        paragraph (1)--
                    ``(A) a summary of the findings of the evaluation 
                under paragraph (2); and
                    ``(B) recommendations on practicable, cost-
                effective methods and means that can be employed to 
                improve the accuracy and availability of submitted data 
                described in paragraph (1).
            ``(4) Consultation.--In developing the strategic plan under 
        paragraph (1), the Administrator may, as appropriate, consult 
        with States or other Federal agencies that have experience 
        using practicable methods and means to improve the accuracy and 
        availability of submitted data described in such paragraph.''.

SEC. 6. ASSET MANAGEMENT.

    Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g-9) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) a description of how the State will, as 
                appropriate--
                            ``(i) encourage development by public water 
                        systems of asset management plans that include 
                        best practices for asset management; and
                            ``(ii) assist, including through the 
                        provision of technical assistance, public water 
                        systems in training operators or other relevant 
                        and appropriate persons in implementing such 
                        asset management plans.'';
            (2) in subsection (c)(3), by inserting ``, including 
        efforts of the State to encourage development by public water 
        systems of asset management plans and to assist public water 
        systems in training relevant and appropriate persons in 
        implementing such asset management plans'' after ``public water 
        systems in the State''; and
            (3) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(5) Information on asset management practices.--Not later 
        than 5 years after the date of enactment of this paragraph, and 
        not less often than every 5 years thereafter, the Administrator 
        shall review and, if appropriate, update educational materials, 
        including handbooks, training materials, and technical 
        information, made available by the Administrator to owners, 
        managers, and operators of public water systems, local 
        officials, technical assistance providers (including nonprofit 
        water associations), and State personnel concerning best 
        practices for asset management strategies that may be used by 
        public water systems.''.

SEC. 7. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

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

``SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

    ``(a) Risk and Resilience Assessments.--
            ``(1) In general.--Each community water system serving a 
        population of greater than 3,300 persons shall conduct an 
        assessment of the risks to, and resilience of, its system. Such 
        an assessment--
                    ``(A) shall include an assessment of--
                            ``(i) the risk to the system from 
                        malevolent acts and natural hazards;
                            ``(ii) the resilience of the pipes and 
                        constructed conveyances, physical barriers, 
                        source water, water collection and intake, 
                        pretreatment, treatment, storage and 
                        distribution facilities, electronic, computer, 
                        or other automated systems (including the 
                        security of such systems) which are utilized by 
                        the system;
                            ``(iii) the monitoring practices of the 
                        system;
                            ``(iv) the financial infrastructure of the 
                        system;
                            ``(v) the use, storage, or handling of 
                        various chemicals by the system; and
                            ``(vi) the operation and maintenance of the 
                        system; and
                    ``(B) may include an evaluation of capital and 
                operational needs for risk and resilience management 
                for the system.
            ``(2) Baseline information.--The Administrator, not later 
        than August 1, 2019, after consultation with appropriate 
        departments and agencies of the Federal Government and with 
        State and local governments, shall provide baseline information 
        on malevolent acts of relevance to community water systems, 
        which shall include consideration of acts that may--
                    ``(A) substantially disrupt the ability of the 
                system to provide a safe and reliable supply of 
                drinking water; or
                    ``(B) otherwise present significant public health 
                or economic concerns to the community served by the 
                system.
            ``(3) Certification.--
                    ``(A) Certification.--Each community water system 
                described in paragraph (1) shall submit to the 
                Administrator a certification that the system has 
                conducted an assessment complying with paragraph (1). 
                Such certification shall be made prior to--
                            ``(i) March 31, 2020, in the case of 
                        systems serving a population of 100,000 or 
                        more;
                            ``(ii) December 31, 2020, in the case of 
                        systems serving a population of 50,000 or more 
                        but less than 100,000; and
                            ``(iii) June 30, 2021, in the case of 
                        systems serving a population greater than 3,300 
                        but less than 50,000.
                    ``(B) Review and revision.--Each community water 
                system described in paragraph (1) shall review the 
                assessment of such system conducted under such 
                paragraph at least once every 5 years after the 
                applicable deadline for submission of its certification 
                under subparagraph (A) to determine whether such 
                assessment should be revised. Upon completion of such a 
                review, the community water system shall submit to the 
                Administrator a certification that the system has 
                reviewed its assessment and, if applicable, revised 
                such assessment.
            ``(4) Contents of certifications.--A certification required 
        under paragraph (3) shall contain only--
                    ``(A) information that identifies the community 
                water system submitting the certification;
                    ``(B) the date of the certification; and
                    ``(C) a statement that the community water system 
                has conducted, reviewed, or revised the assessment, as 
                applicable.
            ``(5) Provision to other entities.--No community water 
        system shall be required under State or local law to provide an 
        assessment described in this section (or revision thereof) to 
        any State, regional, or local governmental entity solely by 
        reason of the requirement set forth in paragraph (3) that the 
        system submit a certification to the Administrator.
    ``(b) Emergency Response Plan.--Each community water system serving 
a population greater than 3,300 shall prepare or revise, where 
necessary, an emergency response plan that incorporates findings of the 
assessment conducted under subsection (a) for such system (and any 
revisions thereto). Each community water system shall certify to the 
Administrator, as soon as reasonably possible after the date of 
enactment of the Drinking Water System Improvement Act of 2017, but not 
later than 6 months after completion of the assessment under subsection 
(a), that the system has completed such plan. The emergency response 
plan shall include--
            ``(1) strategies and resources to improve the resilience of 
        the system, including the physical security and cybersecurity 
        of the system;
            ``(2) plans and procedures that can be implemented, and 
        identification of equipment that can be utilized, in the event 
        of a malevolent act or natural hazard that threatens the 
        ability of the community water system to deliver safe drinking 
        water;
            ``(3) actions, procedures, and equipment which can obviate 
        or significantly lessen the impact of a malevolent act or 
        natural hazard on the public health and the safety and supply 
        of drinking water provided to communities and individuals, 
        including the development of alternative source water options, 
        relocation of water intakes, and construction of flood 
        protection barriers; and
            ``(4) strategies that can be used to aid in the detection 
        of malevolent acts or natural hazards that threaten the 
        security or resilience of the system.
    ``(c) Coordination.--Community water systems shall, to the extent 
possible, coordinate with existing local emergency planning committees 
established pursuant to the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.) when preparing or revising 
an assessment or emergency response plan under this section.
    ``(d) Record Maintenance.--Each community water system shall 
maintain a copy of the assessment conducted under subsection (a) and 
the emergency response plan prepared under subsection (b) (including 
any revised assessment or plan) for 5 years after the date on which a 
certification of such assessment or plan is submitted to the 
Administrator under this section.
    ``(e) Guidance to Small Public Water Systems.--The Administrator 
shall provide guidance and technical assistance to community water 
systems serving a population of less than 3,300 persons on how to 
conduct resilience assessments, prepare emergency response plans, and 
address threats from malevolent acts and natural hazards that threaten 
to disrupt the provision of safe drinking water or significantly affect 
the public health or significantly affect the safety or supply of 
drinking water provided to communities and individuals.
    ``(f) Alternative Preparedness and Operational Resilience 
Programs.--
            ``(1) Satisfaction of requirement.--A community water 
        system that is required to comply with the requirements of 
        subsections (a) and (b) may satisfy such requirements by--
                    ``(A) using and complying with technical standards 
                that the Administrator has recognized under paragraph 
                (2); and
                    ``(B) submitting to the Administrator a 
                certification that the community water system is 
                complying with subparagraph (A).
            ``(2) Authority to recognize.--Consistent with section 
        12(d) of the National Technology Transfer and Advancement Act 
        of 1995, the Administrator shall recognize technical standards 
        that are developed or adopted by third-party organizations or 
        voluntary consensus standards bodies that carry out the 
        objectives or activities required by this section as a means of 
        satisfying the requirements under subsection (a) or (b).
    ``(g) Technical Assistance and Grants.--
            ``(1) In general.--The Administrator shall establish and 
        implement a program, to be known as the Drinking Water 
        Infrastructure Risk and Resilience Program, under which the 
        Administrator may award grants in each of fiscal years 2018 
        through 2022 to owners or operators of community water systems 
        for the purpose of increasing the resilience of such community 
        water systems.
            ``(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, or implementation of a 
        program or project consistent with an emergency response plan 
        prepared pursuant to subsection (b), which may include--
                    ``(A) the purchase and installation of equipment 
                for detection of drinking water contaminants or 
                malevolent acts;
                    ``(B) the purchase and installation of fencing, 
                gating, lighting, or security cameras;
                    ``(C) the tamper-proofing of manhole covers, fire 
                hydrants, and valve boxes;
                    ``(D) the purchase and installation of improved 
                treatment technologies and equipment to improve the 
                resilience of the system;
                    ``(E) improvements to electronic, computer, 
                financial, or other automated systems and remote 
                systems;
                    ``(F) participation in training programs, and the 
                purchase of training manuals and guidance materials, 
                relating to security and resilience;
                    ``(G) improvements in the use, storage, or handling 
                of chemicals by the community water system;
                    ``(H) security screening of employees or contractor 
                support services;
                    ``(I) equipment necessary to support emergency 
                power or water supply, including standby and mobile 
                sources; and
                    ``(J) the development of alternative source water 
                options, relocation of water intakes, and construction 
                of flood protection barriers.
            ``(3) Exclusions.--A grant under this subsection may not be 
        used for personnel costs, or for monitoring, operation, or 
        maintenance of facilities, equipment, or systems.
            ``(4) Technical assistance.--For each fiscal year, the 
        Administrator may use not more than $5,000,000 from the funds 
        made available to carry out this subsection to provide 
        technical assistance to community water systems to assist in 
        responding to and alleviating a vulnerability that would 
        substantially disrupt the ability of the system to provide a 
        safe and reliable supply of drinking water (including sources 
        of water for such systems) which the Administrator determines 
        to present an immediate and urgent need.
            ``(5) Grants for small systems.--For each fiscal year, the 
        Administrator may use not more than $10,000,000 from the funds 
        made available to carry out this subsection to make grants to 
        community water systems serving a population of less than 3,300 
        persons, or nonprofit organizations receiving assistance under 
        section 1442(e), for activities and projects undertaken in 
        accordance with the guidance provided to such systems under 
        subsection (e) of this section.
            ``(6) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated $35,000,000 
        for each of fiscal years 2018 through 2022.
    ``(h) Definitions.--In this section--
            ``(1) the term `resilience' means the ability of a 
        community water system or an asset of a community water system 
        to adapt to or withstand the effects of a malevolent act or 
        natural hazard without interruption to the asset's or system's 
        function, or if the function is interrupted, to rapidly return 
        to a normal operating condition; and
            ``(2) the term `natural hazard' means a natural event that 
        threatens the functioning of a community water system, 
        including an earthquake, tornado, flood, hurricane, wildfire, 
        and hydrologic changes.''.
    (b) Sensitive Information.--
            (1) Protection from disclosure.--Information submitted to 
        the Administrator of the Environmental Protection Agency 
        pursuant to section 1433 of the Safe Drinking Water Act, as in 
        effect on the day before the date of enactment of the Drinking 
        Water System Improvement Act of 2017, shall be protected from 
        disclosure in accordance with the provisions of such section as 
        in effect on such day.
            (2) Disposal.--The Administrator, in partnership with 
        community water systems (as defined in section 1401 of the Safe 
        Drinking Water Act), shall develop a strategy to, in a 
        timeframe determined appropriate by the Administrator, securely 
        and permanently dispose of, or return to the applicable 
        community water system, any information described in paragraph 
        (1).

SEC. 8. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS.

    Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``$100,000,000 for each of fiscal years 
1997 through 2003'' and inserting ``$150,000,000 for each of fiscal 
years 2018 through 2022''.

SEC. 9. MONITORING FOR UNREGULATED CONTAMINANTS.

    (a) In General.--Section 1445 of the Safe Drinking Water Act (42 
U.S.C. 300j-4) is amended by adding at the end the following:
    ``(j) Monitoring by Certain Systems.--
            ``(1) In general.--Notwithstanding subsection (a)(2)(A), 
        the Administrator shall, subject to the availability of 
        appropriations for such purpose--
                    ``(A) require public water systems serving between 
                3,300 and 10,000 persons to monitor for unregulated 
                contaminants in accordance with this section; and
                    ``(B) ensure that only a representative sample of 
                public water systems serving less than 3,300 persons 
                are required to monitor.
            ``(2) Effective date.--Paragraph (1) shall take effect 3 
        years after the date of enactment of this subsection.
            ``(3) Limitation.--Paragraph (1) shall take effect unless 
        the Administrator determines that there is not sufficient 
        laboratory capacity to accommodate the analysis necessary to 
        carry out monitoring required under such paragraph.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated $15,000,000 in each fiscal year 
        for which monitoring is required to be carried out under this 
        subsection for the Administrator to pay the reasonable cost of 
        such testing and laboratory analysis as are necessary to carry 
        out monitoring required under this subsection.''.
    (b) Authorization of Appropriations.--Section 1445(a)(2)(H) of the 
Safe Drinking Water Act (42 U.S.C. 300j-4(a)(2)(H)) is amended by 
striking ``1997 through 2003'' and inserting ``2018 through 2022''.
    (c) Inclusion in Data Base.--Section 1445(g)(7) of the Safe 
Drinking Water Act (42 U.S.C. 300j-4(g)(7)) is amended by--
            (1) striking ``and'' at the end of subparagraph (B);
            (2) redesignating subparagraph (C) as subparagraph (D); and
            (3) inserting after subparagraph (B) the following:
                    ``(C) if applicable, monitoring information 
                collected by public water systems pursuant to 
                subsection (j) that is not duplicative of monitoring 
                information included in the data base under 
                subparagraph (B) or (D); and''.

SEC. 10. STATE REVOLVING LOAN FUNDS.

    (a) Use of Funds.--Section 1452(a)(2)(B) of the Safe Drinking Water 
Act (42 U.S.C. 300j-12(a)(2)(B)) is amended by striking ``(including 
expenditures for planning, design, and associated preconstruction 
activities, including activities relating to the siting of the 
facility, but not'' and inserting ``(including expenditures for 
planning, design, siting, and associated preconstruction activities, or 
for replacing or rehabilitating aging treatment, storage, or 
distribution facilities of public water systems, but not''.
    (b) American Iron and Steel Products.--Section 1452(a)(4)(A) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by 
striking ``fiscal year 2017'' and inserting ``fiscal years 2018 through 
2022''.
    (c) Evaluation.--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:
            ``(5) Evaluation.--During fiscal years 2018 through 2022, a 
        State may provide financial assistance under this section to a 
        public water system serving a population of more than 10,000 
        for an expenditure described in paragraph (2) only if the 
        public water system--
                    ``(A) considers the cost and effectiveness of 
                relevant processes, materials, techniques, and 
                technologies for carrying out the project or activity 
                that is the subject of the expenditure; and
                    ``(B) certifies to the State, in a form and manner 
                determined by the State, that the public water system 
                has made such consideration.''.
    (d) Prevailing Wages.--Section 1452(a) of the Safe Drinking Water 
Act (42 U.S.C. 300j-12(a)) is further amended by adding at the end the 
following:
            ``(6) Prevailing wages.--The requirements of section 
        1450(e) shall apply to any construction project carried out in 
        whole or in part with assistance made available by a drinking 
        water treatment revolving loan fund.''.
    (e) Assistance for Disadvantaged Communities.--Section 1452(d)(2) 
of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) is amended to 
read as follows:
            ``(2) Total amount of subsidies.--For each fiscal year, of 
        the amount of the capitalization grant received by the State 
        for the year, the total amount of loan subsidies made by a 
        State pursuant to paragraph (1)--
                    ``(A) may not exceed 35 percent; and
                    ``(B) to the extent that there are sufficient 
                applications for loans to communities described in 
                paragraph (1), may not be less than 6 percent.''.
    (f) Types of Assistance.--Section 1452(f)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) each loan will be fully amortized not later 
                than 30 years after the completion of the project, 
                except that in the case of a disadvantaged community 
                (as defined in subsection (d)(3)) a State may provide 
                an extended term for a loan, if the extended term--
                            ``(i) terminates not later than the date 
                        that is 40 years after the date of project 
                        completion; and
                            ``(ii) does not exceed the expected design 
                        life of the project;''; and
            (3) in subparagraph (B), by striking ``1 year after 
        completion of the project for which the loan was made'' and all 
        that follows through ``design life of the project;'' and 
        inserting ``18 months after completion of the project for which 
        the loan was made;''.
    (g) Needs Survey.--Section 1452(h) of the Safe Drinking Water Act 
(42 U.S.C. 300j-12(h)) is amended--
            (1) by striking ``The Administrator'' and inserting ``(1) 
        The Administrator''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any assessment conducted under paragraph (1) after the date 
of enactment of the Drinking Water System Improvement Act of 2017 shall 
include an assessment of costs to replace all lead service lines (as 
defined in section 1459B(a)(4)) of all eligible public water systems in 
the United States, and such assessment shall describe separately the 
costs associated with replacing the portions of such lead service lines 
that are owned by an eligible public water system and the costs 
associated with replacing any remaining portions of such lead service 
lines, to the extent practicable.''.
    (h) Other Authorized Activities.--Section 1452(k)(1)(C) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking 
``for fiscal years 1996 and 1997 to delineate and assess source water 
protection areas in accordance with section 1453'' and inserting ``to 
delineate, assess, and update assessments for source water protection 
areas in accordance with section 1453''.
    (i) Authorization for Capitalization Grants to States for State 
Drinking Water Treatment Revolving Loan Funds.--Section 1452(m) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(m)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(1) There are authorized to be appropriated to carry out 
        the purposes of this section--
                    ``(A) $1,200,000,000 for fiscal year 2018;
                    ``(B) $1,400,000,000 for fiscal year 2019;
                    ``(C) $1,600,000,000 for fiscal year 2020;
                    ``(D) $1,800,000,000 for fiscal year 2021; and
                    ``(E) $2,000,000,000 for fiscal year 2022.'';
            (2) by striking ``To the extent amounts authorized to be'' 
        and inserting the following:
            ``(2) To the extent amounts authorized to be''; and
            (3) by striking ``(prior to the fiscal year 2004)''.
    (j) Best Practices for Administration of State Revolving Loan 
Funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
is amended by adding after subsection (r) the following:
    ``(s) Best Practices for State Loan Fund Administration.--The 
Administrator shall--
            ``(1) collect information from States on administration of 
        State loan funds established pursuant to subsection (a)(1), 
        including--
                    ``(A) efforts to streamline the process for 
                applying for assistance through such State loan funds;
                    ``(B) programs in place to assist with the 
                completion of applications for assistance through such 
                State loan funds;
                    ``(C) incentives provided to public water systems 
                that partner with small public water systems to assist 
                with the application process for assistance through 
                such State loan funds;
                    ``(D) practices to ensure that amounts in such 
                State loan funds are used to provide loans, loan 
                guarantees, or other authorized assistance in a timely 
                fashion;
                    ``(E) practices that support effective management 
                of such State loan funds;
                    ``(F) practices and tools to enhance financial 
                management of such State loan funds; and
                    ``(G) key financial measures for use in evaluating 
                State loan fund operations, including--
                            ``(i) measures of lending capacity, such as 
                        current assets and current liabilities or 
                        undisbursed loan assistance liability; and
                            ``(ii) measures of growth or 
                        sustainability, such as return on net interest;
            ``(2) not later than 3 years after the date of enactment of 
        the Drinking Water System Improvement Act of 2017, disseminate 
        to the States best practices for administration of such State 
        loan funds, based on the information collected pursuant to this 
        subsection; and
            ``(3) periodically update such best practices, as 
        appropriate.''.

SEC. 11. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS.

    Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
14(e)) is amended by striking ``1997 through 2003'' and inserting 
``2018 through 2022''.

SEC. 12. REVIEW OF TECHNOLOGIES.

    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. 1459C. REVIEW OF TECHNOLOGIES.

    ``(a) Review.--The Administrator, after consultation with 
appropriate departments and agencies of the Federal Government and with 
State and local governments, shall review (or enter into contracts or 
cooperative agreements to provide for a review of) existing and 
potential methods, means, equipment, and technologies (including review 
of cost, availability, and efficacy of such methods, means, equipment, 
and technologies) that--
            ``(1) ensure the physical integrity of community water 
        systems;
            ``(2) prevent, detect, and respond to any contaminant for 
        which a national primary drinking water regulation has been 
        promulgated in community water systems and source water for 
        community water systems;
            ``(3) allow for use of alternate drinking water supplies 
        from nontraditional sources; and
            ``(4) facilitate source water assessment and protection.
    ``(b) Inclusions.--The review under subsection (a) shall include 
review of methods, means, equipment, and technologies--
            ``(1) that are used for corrosion protection, metering, 
        leak detection, or protection against water loss;
            ``(2) that are intelligent systems, including hardware, 
        software, or other technology, used to assist in protection and 
        detection described in paragraph (1);
            ``(3) that are point-of-use devices or point-of-entry 
        devices;
            ``(4) that are physical or electronic systems that monitor, 
        or assist in monitoring, contaminants in drinking water in 
        real-time; and
            ``(5) that allow for the use of nontraditional sources for 
        drinking water, including physical separation and chemical and 
        biological transformation technologies.
    ``(c) Availability.--The Administrator shall make the results of 
the review under subsection (a) available to the public.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for fiscal year 2018, which shall remain available until expended.''.

SEC. 13. 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. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

    ``(a) Establishment.--Not later than 1 year 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) Priority.--In awarding funds under the grant program, the 
Administrator shall give priority to local educational agencies based 
on economic need.
    ``(d) 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 2018 through 2022.''.
    (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. 14. SOURCE WATER.

    (a) Addressing Source Water Used for Drinking Water.--Section 304 
of the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11004) is amended--
            (1) in subsection (b)(1), by striking ``State emergency 
        planning commission'' and inserting ``State emergency response 
        commission''; and
            (2) by adding at the end the following new subsection:
    ``(e) Addressing Source Water Used for Drinking Water.--
            ``(1) Applicable state agency notification.--A State 
        emergency response commission shall--
                    ``(A) promptly notify the applicable State agency 
                of any release that requires notice under subsection 
                (a);
                    ``(B) provide to the applicable State agency the 
                information identified in subsection (b)(2); and
                    ``(C) provide to the applicable State agency a 
                written followup emergency notice in accordance with 
                subsection (c).
            ``(2) Community water system notification.--
                    ``(A) In general.--An applicable State agency 
                receiving notice of a release under paragraph (1) 
                shall--
                            ``(i) promptly forward such notice to any 
                        community water system the source waters of 
                        which are affected by the release;
                            ``(ii) forward to the community water 
                        system the information provided under paragraph 
                        (1)(B); and
                            ``(iii) forward to the community water 
                        system the written followup emergency notice 
                        provided under paragraph (1)(C).
                    ``(B) Direct notification.--In the case of a State 
                that does not have an applicable State agency, the 
                State emergency response commission shall provide the 
                notices and information described in paragraph (1) 
                directly to any community water system the source 
                waters of which are affected by a release that requires 
                notice under subsection (a).
            ``(3) Definitions.--In this subsection:
                    ``(A) Community water system.--The term `community 
                water system' has the meaning given such term in 
                section 1401(15) of the Safe Drinking Water Act.
                    ``(B) Applicable state agency.--The term 
                `applicable State agency' means the State agency that 
                has primary responsibility to enforce the requirements 
                of the Safe Drinking Water Act in the State.''.
    (b) Availability to Community Water Systems.--Section 312(e) of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11022(e)) is amended--
            (1) in paragraph (1), by striking ``State emergency 
        planning commission'' and inserting ``State emergency response 
        commission''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Availability to community water systems.--
                    ``(A) In general.--An affected community water 
                system may have access to tier II information by 
                submitting a request to the State emergency response 
                commission or the local emergency planning committee. 
                Upon receipt of a request for tier II information, the 
                State commission or local committee shall, pursuant to 
                paragraph (1), request the facility owner or operator 
                for the tier II information and make available such 
                information to the affected community water system.
                    ``(B) Definition.--In this paragraph, the term 
                `affected community water system' means a community 
                water system (as defined in section 1401(15) of the 
                Safe Drinking Water Act) that receives supplies of 
                drinking water from a source water area, delineated 
                under section 1453 of the Safe Drinking Water Act, in 
                which a facility that is required to prepare and submit 
                an inventory form under subsection (a)(1) is 
                located.''.

SEC. 15. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS.

    (a) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
containing the results of a study, to be conducted in consultation with 
the Administrator of the Environmental Protection Agency, any State 
agency that has primary responsibility to enforce the requirements of 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) in a State, and 
public water systems, to identify demonstrations of compliance with a 
State or local environmental law that may be substantially equivalent 
to any demonstration required by the Administrator for compliance with 
a Federal cross-cutting requirement.
    (b) Definitions.--In this subsection:
            (1) Federal cross-cutting requirement.--The term ``Federal 
        cross-cutting requirement'' means a requirement of a Federal 
        law or regulation, compliance with which is a condition on 
        receipt of a loan or loan guarantee pursuant to section 1452 of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12), that, if 
        applied with respect to projects and activities for which a 
        public water system receives such a loan or loan guarantee, 
        would be substantially equivalent to a requirement of an 
        applicable State or local law.
            (2) Public water system.--The term ``public water system'' 
        has the meaning given that term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
                                                 Union Calendar No. 279

115th CONGRESS

  1st Session

                               H. R. 3387

                          [Report No. 115-380]

_______________________________________________________________________

                                 A BILL

 To amend the Safe Drinking Water Act to improve public water systems 
     and enhance compliance with such Act, and for other purposes.

_______________________________________________________________________

                            November 1, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed