[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3492 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3492

 To improve the removal of lead from drinking water in public housing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2018

 Ms. Duckworth (for herself, Mr. Young, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To improve the removal of lead from drinking water in public housing.

    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 ``Get the Lead Out of Assisted Housing 
Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (3) Lead service line.--The term ``lead service line'' has 
        the meaning given the term in section 141.2 of title 40, Code 
        of Federal Regulations, or any successor thereto.
            (4) Pilot program.--The term ``pilot program'' means the 
        program for providing grants established under section 6(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 3. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) lead is a dangerous neurotoxin that can permanently 
        impact brain development, especially in young children;
            (2) the Centers for Disease Control and Prevention, the 
        Environmental Protection Agency, the American Association of 
        Pediatrics, and many other entities have determined that there 
        is no safe level of lead exposure;
            (3) for vulnerable populations like young children, 
        pregnant mothers, and the elderly, exposure to lead can be life 
        altering;
            (4) evidence is mounting that the lead in drinking water 
        problem in the United States is grossly underestimated and 
        inadequately addressed;
            (5) according to the Environmental Protection Agency, lead 
        service lines are the single largest source of lead in drinking 
        water; and
            (6) partial lead service line replacement, where only a 
        portion of a lead service line is replaced, can increase lead 
        exposure.

SEC. 4. UNIFORM PHYSICAL CONDITION STANDARDS.

    The Secretary, in consultation with the Administrator, shall amend 
the physical condition standards set forth in section 5.703 of title 
24, Code of Federal Regulations, to require that--
            (1) the entities responsible for maintaining housing 
        inspect building systems to determine, using tests that 
        incorporate the best available technology and science, if--
                    (A) there are lead service lines; or
                    (B) there is lead in the service line that connects 
                the interior plumbing to the public water supply; and
            (2) if a lead service line is found or lead is found in a 
        service line that connects to the interior plumbing of the 
        housing at the water meter, the entity responsible for 
        maintaining the housing shall--
                    (A) not later than 1 day after the date on which 
                the lead is found, notify each tenant of the housing 
                that the lead was found and of safety precautions that 
                should be taken;
                    (B) disclose that information within 30 days to any 
                water utility entity relevant to the housing;
                    (C) provide necessary interim measures to reduce 
                exposure to the lead, such as water filters designed to 
                remove lead and other innovative technologies, based on 
                guidance from the Administrator; and
                    (D) prohibit the partial replacement of lead 
                service lines.

SEC. 5. AUTHORITY TO INSPECT ALL SOURCES OF LEAD.

    The Secretary may inspect all sources of lead contamination in 
housing assisted by a program of the Department and work in 
coordination with the Environmental Protection Agency to mitigate 
sources of lead exposure as a result of water from the public water 
supply and ambient air levels or industrial emissions.

SEC. 6. HEALTHY HOMES LEAD IN DRINKING WATER PILOT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall begin providing 
        grants to State and local governments responsible for 
        developing consolidated plans under part 91 of title 24, Code 
        of Federal Regulations.
            (2) Purpose.--The Secretary shall design the grants under 
        the pilot program to--
                    (A) identify lead service lines and other sources 
                of lead in drinking water serving housing units and 
                take steps to remediate those threats; and
                    (B) optimize corrosion control treatment in public 
                water systems serving housing units.
    (b) Activities.--A State or local government receiving a grant 
under the pilot program shall prioritize the following activities:
            (1) Creating an inventory of lead service lines, which 
        shall--
                    (A) be published on the website of the State or 
                local government; and
                    (B) involve--
                            (i) working with local water utilities that 
                        may have a similar inventory;
                            (ii) inspecting for lead service lines at 
                        their entry point into a building using methods 
                        that do not disturb the pipe;
                            (iii) conducting an inspection of visible 
                        pipes at all access points; and
                            (iv) prioritizing buildings based on the 
                        age of the building, historical records, and 
                        the size of the service line.
            (2) Testing for lead in the drinking water at child care 
        facilities and schools and providing remediation, as 
        appropriate.
            (3) Testing for lead in the drinking water at water 
        fountains in public facilities and providing remediation, as 
        appropriate.

SEC. 7. HEALTHY HOMES AND LEAD HAZARD CONTROL OFFICE.

    (a) In General.--The Office of Lead Hazard Control and Healthy 
Homes of the Department shall, when providing grants for lead-based 
paint hazard reduction in target housing under section 1011 of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 
4852)--
            (1) ensure that testing for lead in drinking water is 
        conducted;
            (2) require notification of tenants of the level of lead in 
        drinking water found; and
            (3) implement interim controls, such as the installation of 
        water filters known to remove lead.
    (b) Use of Funds for Replacement.--The Secretary shall allow 
recipients of assistance from the Office of Lead Hazard Control and 
Healthy Homes of the Department or another program of the Department to 
use the funds to replace leaded water fixtures and lead service lines.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out this Act.
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