[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2596 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2596

  To amend the Safe Drinking Water Act to authorize certain community 
water systems to enter into partnerships to improve the water systems, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2019

 Ms. Duckworth (for herself, Mr. Braun, and Mrs. Feinstein) 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 authorize certain community 
water systems to enter into partnerships to improve the water systems, 
                        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 ``Voluntary Water Partnership for 
Distressed Communities Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) clean, affordable, and accessible drinking water is the 
        backbone of every community;
            (2) community water systems that are distressed, which are 
        often located in low-income communities and communities of 
        color, jeopardize the health and economic growth of the 
        community; and
            (3) a partnership that is voluntary and not mandatory has 
        the capacity to help a community water system that is 
        distressed to deliver quality and affordable water services by 
        providing those community water systems technical, operational, 
        and financial support.

SEC. 3. VOLUNTARY WATER PARTNERSHIPS.

    (a) In General.--Section 1420 of the Safe Drinking Water Act (42 
U.S.C. 300g-9) is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(4) Notice, assessment, and enforcement.--
                    ``(A) Notice.--Not later than 1 year after the date 
                of enactment of this paragraph, each State that has 
                primary enforcement responsibility under section 1413 
                (or the Administrator, in the case of a State that does 
                not have primary enforcement responsibility) shall 
                provide written notice to each community water system 
                listed under paragraph (1) in the State that has not 
                returned to compliance that the community water system 
                is so listed.
                    ``(B) Intent to enter partnership.--Not later than 
                180 days after the date on which a community water 
                system receives a notice under subparagraph (A), the 
                community water system may submit to the State or the 
                Administrator, as applicable, a letter of intent to 
                enter into a partnership (as defined in subsection 
                (d)(3)(A)).
                    ``(C) Enforcement.--
                            ``(i) No enforcement action.--
                                    ``(I) In general.--Except as 
                                provided in clause (ii), no person 
                                (including the Administrator or a 
                                State) may, during the time period 
                                described in subclause (II), take or 
                                pursue any civil or administrative 
                                enforcement action under this title 
                                (including any civil action under 
                                section 1449) against a community water 
                                system that receives a notice under 
                                subparagraph (A) so long as the 
                                community water system is actively and 
                                in good faith working to enter into a 
                                partnership (as defined in subsection 
                                (d)(3)(A)) (as determined by the State 
                                or the Administrator, as applicable).
                                    ``(II) Period described.--The 
                                period referred to in subclause (I) is 
                                the period that--
                                            ``(aa) begins on the date 
                                        on which the community water 
                                        system submits a letter of 
                                        intent under subparagraph (B); 
                                        and
                                            ``(bb) ends on the date 
                                        that is 180 days after the date 
                                        on which the community water 
                                        system submits the letter of 
                                        intent described in item (aa).
                            ``(ii) Exceptions.--During the time period 
                        described in clause (i)(II)--
                                    ``(I) the State or the 
                                Administrator, as applicable, may take 
                                or pursue an action against a community 
                                water system that receives a notice 
                                under subparagraph (A) to address an 
                                imminent and substantial public health 
                                risk;
                                    ``(II) any person may take or 
                                pursue an action against a community 
                                water system that receives a notice 
                                under subparagraph (A) with respect to 
                                any requirement relating to monitoring 
                                or public notification under this 
                                title; and
                                    ``(III) the Administrator may take 
                                or pursue an action under section 1431 
                                against a community water system that 
                                receives a notice under subparagraph 
                                (A).'';
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (3) through (5) as 
                paragraphs (7) through (9), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) Partnerships.--
                    ``(A) Definition of partnership.--In this paragraph 
                and paragraphs (4) through (7), the term `partnership' 
                means, as applicable--
                            ``(i) a community water system resulting 
                        from a joint enterprise between, or the 
                        combined operations of--
                                    ``(I) one or more community water 
                                systems that receives a notice under 
                                subsection (b)(4)(A); and
                                    ``(II) one or more community water 
                                systems that has not received a notice 
                                under subsection (b)(4)(A);
                            ``(ii) a community water system that, after 
                        receiving a notice under subsection (b)(4)(A), 
                        enters into a contractual agreement with 
                        another entity to oversee the financial, 
                        technical, or operational management of the 
                        system;
                            ``(iii) a community water system resulting 
                        from a joint enterprise between, or the 
                        combined operations of, one or more community 
                        water systems that receives a notice under 
                        subsection (b)(4)(A); or
                            ``(iv) a contractual agreement unifying one 
                        or more community water systems that receives a 
                        notice under subsection (b)(4)(A) with one or 
                        more community water systems that has not 
                        received a notice under subsection (b)(4)(A).
                    ``(B) Authorization.--A community water system that 
                receives a notice under subsection (b)(4)(A) may enter 
                into a partnership.
                    ``(C) Requirement.--A partnership that includes a 
                community water system with jurisdiction over a site on 
                the National Priorities List developed by the President 
                in accordance with section 105(a)(8)(B) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) shall 
                include in the partnership agreement a plan developed 
                by the community water system that describes how the 
                community water system will--
                            ``(i) meet the requirements of the 
                        partnership agreement; and
                            ``(ii) with respect to the site, continue 
                        to meet the requirements under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.).
                    ``(D) Deadline for compliance.--A partnership shall 
                be required to correct any significant noncompliance 
                that resulted in a notice under subsection (b)(4)(A) to 
                one of the entities in the partnership and to comply 
                with this title--
                            ``(i) in any case in which the State agency 
                        with primary enforcement responsibility under 
                        section 1413, or the Administrator, if the 
                        State does not have primary enforcement 
                        responsibility, approves a plan submitted by 
                        the partnership to bring the partnership into 
                        compliance with this title, as soon as 
                        practicable, but not later than the later of--
                                    ``(I) the date that is 3 years 
                                after the date on which the partnership 
                                is formed; and
                                    ``(II) the date determined by the 
                                State or the Administrator, as 
                                applicable, to complete necessary 
                                capital construction projects to bring 
                                the partnership into compliance; or
                            ``(ii) in any case in which the State 
                        agency with primary enforcement responsibility 
                        under section 1413, or the Administrator, if 
                        the State does not have primary enforcement 
                        responsibility, approves an enforceable 
                        agreement to bring the partnership into 
                        compliance with this title, by the date 
                        specified in the agreement.
                    ``(E) State revolving loan funds.--The 
                Administrator may not withhold funds from a State under 
                section 1452 or otherwise reduce any State allotment or 
                set-aside under that section based on the action or 
                inaction of a State with respect to partnerships 
                entered into pursuant to this paragraph after the date 
                of enactment of the Voluntary Water Partnership for 
                Distressed Communities Act of 2019.
            ``(4) Partnership incentives.--The Administrator shall--
                    ``(A) establish incentives for a community water 
                system that is distressed to enter into a partnership, 
                including allowing a State to provide assistance under 
                section 1442 or section 1452, to a community water 
                system that received a notice under subsection 
                (b)(4)(A)--
                            ``(i) to assess partnership options; and
                            ``(ii) to engage in peer-to-peer 
                        assistance; and
                    ``(B) pay for and provide other technical 
                assistance as necessary for the partnerships to achieve 
                compliance with this title.
            ``(5) Safe harbor.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a partnership shall not be liable for 
                any civil penalty or fine, or administrative penalty or 
                fine, under this title for a violation of an applicable 
                requirement (as defined in section 1414(i)) (including 
                for any liability pursuant to a civil action under 
                section 1449) if--
                            ``(i) the violation was committed by the 
                        community water system that received a notice 
                        under subsection (b)(4)(A);
                            ``(ii) the violation occurred on a date 
                        before the community water system described in 
                        clause (i) entered into the partnership or 
                        after the community water system entered into 
                        the partnership but before the applicable 
                        deadline for compliance, as determined under 
                        paragraph (3)(C); and
                            ``(iii) prior to entering into the 
                        partnership, a community water system or entity 
                        that did not receive a notice under subsection 
                        (b)(4)(A) discloses, in a form and manner 
                        prescribed by the Administrator, the violation 
                        to the head of the State agency with primary 
                        enforcement responsibility under section 1413, 
                        or the Administrator, if the State does not 
                        have such primary enforcement responsibility.
                    ``(B) Failure to comply.--Subparagraph (A) shall 
                not apply with respect to a partnership after the 
                applicable deadline under paragraph (3)(C) if the 
                partnership fails--
                            ``(i) to correct any significant 
                        noncompliance that resulted in a notice under 
                        subsection (b)(4)(A); and
                            ``(ii) to comply with this title by the 
                        applicable deadline.
            ``(6) Reciprocity.--The Administrator, in collaboration 
        with the heads of State agencies with primary enforcement 
        responsibility under section 1413, may provide incentives for 
        States to provide greater flexibility in certification, 
        licensing, or other requirements, to facilitate the provision 
        of services to community water systems by professionals from 
        other jurisdictions, with a focus on rural and disadvantaged 
        communities.
            ``(7) Voluntary partnership decision.--The decision to 
        undertake a partnership by a community water system receiving 
        notice under subsection (b)(4)(A)--
                    ``(A) is voluntary on the part of the community 
                water system; and
                    ``(B) shall not require any particular type of 
                partnership agreement.''; and
                    (C) by adding at the end the following:
            ``(10) Effect.--Nothing in this title shall be construed to 
        prevent the United States from bringing an action under section 
        1001 of title 18 of the United States Code, or to prevent any 
        State with primary enforcement responsibility from bringing an 
        action under any substantially equivalent State law.''; and
            (3) in subsection (g)(2)--
                    (A) in the second sentence--
                            (i) by inserting ``established under 
                        subparagraph (A)'' after ``the clearinghouse''; 
                        and
                            (ii) by striking ``The Administrator'' and 
                        inserting the following:
                    ``(B) No duplication.--The Administrator'';
                    (B) in the first sentence, by striking ``The 
                Administrator'' and inserting the following:
                    ``(A) In general.--The Administrator''; and
                    (C) by adding at the end the following:
                    ``(C) Best practices database.--
                            ``(i) In general.--The Administrator, in 
                        coordination with the States, shall include in 
                        the clearinghouse established under 
                        subparagraph (A) a best practices database to 
                        share examples of practices involving the 
                        operational, technical, and financial capacity 
                        of community water systems in accordance with 
                        this title.
                            ``(ii) Grants.--The Administrator may award 
                        grants to appropriate, qualified, and 
                        experienced nonprofit organizations to maintain 
                        the database under clause (i).''.
    (b) Use of State Revolving Loan Funds.--Section 1452(a)(3)(B)(ii) 
of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(3)(B)(ii)) is 
amended by inserting ``enter into a partnership (as defined in section 
1420(d)(3)(A)) or'' after ``the owner or operator of the system agrees 
to''.
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