[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2086 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2086

To amend the Safe Drinking Water Act to improve transparency under the 
 national primary drinking water regulations for lead and copper, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2019

Ms. Duckworth (for herself and Mr. Whitehouse) 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 improve transparency under the 
 national primary drinking water regulations for lead and copper, 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 ``National Opportunity for Lead 
Exposure Accountability and Deterrence Act of 2019''.

SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND 
              COPPER.

    The Safe Drinking Water Act is amended by inserting after section 
1417 of such Act (42 U.S.C. 300g-6) the following:

``SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND 
              COPPER.

    ``(a) Lead and Copper Rule.--
            ``(1) In general.--The national primary drinking water 
        regulations for lead and copper (in this section referred to as 
        the `lead and copper rule') shall include each of the 
        requirements described in this section.
            ``(2) Revision.--The Administrator shall revise the lead 
        and copper in accordance with this section--
                    ``(A) not later than 9 months after the date of 
                enactment of the National Opportunity for Lead Exposure 
                Accountability and Deterrence Act of 2019; and
                    ``(B) thereafter, in accordance with section 
                1412(b).
    ``(b) Sampling.--
            ``(1) Applicability.--This subsection applies with respect 
        to sampling by a public water system of lead or copper in 
        drinking water, irrespective of whether such sampling--
                    ``(A) is required by the lead and copper rule; or
                    ``(B) is voluntary sampling initiated by customers 
                of the public water system.
            ``(2) Reporting.--Subject to paragraph (3), a public water 
        system shall report the results of sampling to the 
        Administrator or the State exercising primary enforcement 
        responsibility, as applicable, and shall include in such 
        reporting--
                    ``(A) the number of residential and nonresidential 
                facilities at which the sampling was conducted;
                    ``(B) subject to paragraph (4), the address of such 
                residential and nonresidential facilities;
                    ``(C) previous samples taken at such residential 
                and nonresidential facilities and the results of those 
                samples;
                    ``(D) where such information exists, the material 
                composition of the service lines at such residential 
                and nonresidential facilities;
                    ``(E) the dates on which the respective sampling 
                occurred;
                    ``(F) the highest and median lead and copper levels 
                detected;
                    ``(G) the 90th percentile lead and copper levels 
                (as such percentile is calculated under section 141.80 
                of title 40, Code of Federal Regulations, and any 
                successor regulations) detected;
                    ``(H) the number and value of all samples above the 
                lead or copper action levels;
                    ``(I) the disinfectants and corrosion inhibitors 
                being used and the target doses at the water treatment 
                plant;
                    ``(J) any changes since the previous report under 
                this section in the type, method, or quantity of 
                treatments being used in the water sampled;
                    ``(K) the history of violations, and fines 
                received, by the system;
                    ``(L) the number of samples invalidated and the 
                reason for their invalidation; and
                    ``(M) if sampling is conducted at residential 
                facilities other than those with lead service lines, an 
                explanation of why such sampling was conducted.
            ``(3) Public availability of reports.--A public water 
        system shall make publicly available any report that is 
        required by this section or by the lead and copper rule.
            ``(4) Privacy.--A public water system shall give the owner 
        of each residential and nonresidential facility at which 
        sampling data is collected the option to be identified only by 
        block number and street name.
            ``(5) Sampling protocol; instructions.--The Administrator 
        shall--
                    ``(A) develop a protocol for sampling for 
                compliance with the lead and copper rule;
                    ``(B) in such protocol--
                            ``(i) prohibit the use of techniques that 
                        minimize the detection of lead or copper in 
                        drinking water;
                            ``(ii) require sampling under this section 
                        to occur not less than once per year;
                            ``(iii) include criteria for site selection 
                        that prioritize testing at high-risk buildings;
                            ``(iv) require sampling at all drinking 
                        water taps in all schools served by the public 
                        water system; and
                            ``(v) require the sampling methodology to 
                        be scientifically based; and
                    ``(C) develop instructions for compliance with such 
                protocol for dissemination to public water systems and 
                customers thereof.
    ``(c) Action Level Exceeded.--
            ``(1) Investigations.--The Administrator (or the State 
        exercising primary enforcement responsibility) shall require 
        on-site investigations on where the source of lead is for all 
        individual samples with a lead or copper concentration above 
        the action level--
                    ``(A) to be completed by the public water system or 
                local health department within 10 business days of the 
                sample result; and
                    ``(B) to include additional samples at additional 
                locations to identify the potential scope of elevated 
                lead or copper levels.
            ``(2) Notification.--Whenever a public water system detects 
        a lead or copper concentration level above the action level, 
        the system shall--
                    ``(A) within 2 calendar days of detecting such an 
                exceedance that is specific to one or more facilities, 
                notify the persons at such facilities; and
                    ``(B) within 10 calendar days of completion of 
                sampling for a monitoring period applicable under 
                section 141.86 of title 40, Code of Federal Regulations 
                (or any successor regulation), make a report on any 
                exceedance detected pursuant to such sampling publicly 
                available.
    ``(d) Public Education.--The lead and copper rule shall require 
testing results--
            ``(1) to be in a standardized format;
            ``(2) to be posted on the website of the Administrator, the 
        State exercising primary enforcement responsibility, and the 
        public water system; and
            ``(3) to include--
                    ``(A) the provisions of consumer confidence reports 
                under section 1414(c)(4) relating to lead and copper;
                    ``(B) reports under subsection (b)(2) on the 
                results of sampling;
                    ``(C) lead service line replacement materials and 
                financial assistance forms; and
                    ``(D) how a consumer can request a water test.
    ``(e) Service Line Inventory.--A public water system shall--
            ``(1) develop, maintain, and beginning not later than 3 
        years after the date of enactment of the National Opportunity 
        for Lead Exposure Accountability and Deterrence Act of 2019 
        make publicly accessible an inventory of the material 
        composition of the service lines at all residential and 
        nonresidential facilities, including--
                    ``(A) online maps showing the locations of lead 
                service lines; and
                    ``(B) where information is available, a history of 
                services performed on such lines, including partial 
                line replacement;
            ``(2) give the owners of such residential and 
        nonresidential facilities the option to be identified only by 
        block number and street name; and
            ``(3) in developing such inventory, take measures to 
        minimize any disturbance to service lines that might release 
        contaminants.
    ``(f) Service Line Ownership.--A public water system shall collect, 
maintain, and beginning not later than 3 years after the date of 
enactment of the National Opportunity for Lead Exposure Accountability 
and Deterrence Act of 2019 make publicly accessible all legal documents 
establishing the ownership of service lines at residential and 
nonresidential facilities.
    ``(g) Service Line Replacement.--
            ``(1) In general.--Whenever a public water system replaces 
        a lead service line, the lead and copper rule shall--
                    ``(A) require the system to replace the line from 
                the transmission line to where the line enters the 
                facility; and
                    ``(B) prohibit partial replacement.
            ``(2) Prioritization.--The lead and copper rule shall 
        require any public water system engaged in replacing lead 
        service lines to prioritize such replacement at high-risk 
        buildings.
    ``(h) Definitions.--In this section:
            ``(1) The term `high-risk buildings' means--
                    ``(A) residential and nonresidential facilities 
                with lead service lines--
                            ``(i) that have galvanized pipes;
                            ``(ii) that have low water use; or
                            ``(iii) whose lead service lines are among 
                        the longest served by the public water system; 
                        and
                    ``(B) residential facilities at which one or more 
                pregnant women or children reside.
            ``(2) The term `lead service line' means a service line 
        that is not lead free (within the meaning of section 1417).
            ``(3) The term `publicly available' means that a report 
        is--
                    ``(A) written in plain language that is culturally 
                and linguistically appropriate; and
                    ``(B)(i) published on a publicly accessible website 
                of the public water system; or
                    ``(ii) if the system does not maintain a publicly 
                accessible website, distributed by carrier route to the 
                persons served by the system.''.

SEC. 3. TO LOWER THE ACTION LEVEL FOR LEAD IN DRINKING WATER.

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following new paragraph:
            ``(16) Lead in drinking water.--The Administrator shall 
        revise the national primary drinking water regulation for lead 
        to ensure that--
                    ``(A) not later than December 31, 2022, the action 
                level for lead in drinking water is not more than 10 
                parts per billion; and
                    ``(B) not later than December 31, 2028, the action 
                level for lead in drinking water is not more than 5 
                parts per billion.''.
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