[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1613 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1613

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2019

   Mr. Markey (for himself, Mr. Carper, Ms. Baldwin, Ms. Harris, Ms. 
  Smith, Mr. Sanders, Mr. Whitehouse, Mr. Van Hollen, Mr. Cardin, Ms. 
Duckworth, Mr. Merkley, Mr. Booker, and Mrs. Gillibrand) 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, 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 ``Contaminant and Lead Electronic 
Accounting and Reporting Requirements for (CLEARR) Drinking Water Act 
of 2019''.

SEC. 2. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.

    Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by redesignating 
                        clauses (i) through (iii) as subclauses (I) 
                        through (III), respectively, and indenting 
                        appropriately; and
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively, and 
                        indenting appropriately;
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately; and
                    (C) by striking the subsection designation and 
                heading and all that follows through ``this section:'' 
                and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given the term in section 
        1452(d)(3).
            ``(2) Underserved community.--'';
            (2) in subsection (b)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) the purchase of filters certified by the 
                National Sanitation Foundation and the Water Quality 
                Association for the removal of contaminants of concern 
                in the public water system;
                    ``(E) providing accurate and current information 
                about--
                            ``(i) the need for filtration, filter 
                        safety, and proper maintenance practices; and
                            ``(ii) options for replacing lead service 
                        lines (as defined in section 1459B(a)) and 
                        removing other sources of lead in water;
                    ``(F) entering into contracts with nonprofit 
                organizations with water system technical expertise, as 
                determined by the Administrator, to assist 
                disadvantaged communities that are in significant 
                noncompliance with this Act with asset management and 
                mapping activities, if those contracts use not greater 
                than 2 percent of the funds awarded by a grant under 
                this section; and
                    ``(G) any other project or activity the 
                Administrator determines to be necessary and in 
                furtherance of the purpose of assisting public water 
                systems in meeting the requirements of this title.''; 
                and
            (3) by striking subsection (k) and inserting the following:
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsections (a) through (j) of this section--
            ``(1) $230,000,000 for fiscal year 2020; and
            ``(2) $300,000,000 for each of fiscal years 2021 through 
        2024.''.

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

    (a) Community Partnership.--The Administrator of the Environmental 
Protection Agency (referred to in this section as 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.
    (b) 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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the period of fiscal years 2020 through 2024--
            (1) to carry out subsection (a), $5,000,000; and
            (2) to carry out subsection (b), $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 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 (j) as 
        subsections (e) through (k), 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 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 ``section 1414(g)(3)(B)'' and inserting 
                ``section 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:
    ``(l) 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 of all 
        compliance monitoring data submitted by a public water system 
        to the State under paragraph (1)(B).''.

SEC. 6. NOTIFICATION TO 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 and'' and inserting 
                ``Administrator, the Director of the Centers for 
                Disease Control and Prevention, and'';
                    (B) by inserting ``and the appropriate State and 
                county health agencies'' after ``as applicable,'';
                    (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''.

SEC. 7. NO IMPACT ON OTHER FEDERAL FUNDING.

    Except for existing funds made available to carry out subsections 
(a) through (j) of section 1459A of the Safe Drinking Water Act (42 
U.S.C. 300j-19a), no funds shall be made available--
            (1) to carry out this Act or the amendments made by this 
        Act if the total amount made available for a fiscal year for 
        the State drinking water treatment revolving loan funds 
        established under section 1452 of the Safe Drinking Water Act 
        (42 U.S.C. 300j-12) is less than the total amount made 
        available for those funds for fiscal year 2019; and
            (2) to carry out this Act or the amendments made by this 
        Act (other than the amendment made by section 2(3)) if the 
        total amount made available for a fiscal year for assistance 
        for small and disadvantaged communities under subsections (a) 
        through (j) of section 1459A of the Safe Drinking Water Act (42 
        U.S.C. 300j-19a) is less than the total amount made available 
        for that assistance for fiscal year 2019.
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