[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3480 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3480

 To amend the Safe Drinking Water Act and the Federal Water Pollution 
  Control Act to authorize additional assistance to address pollution 
from perfluoroalkyl and polyfluoroalklyl substances and other emerging 
                 contaminants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2020

 Mrs. Shaheen (for herself, Mr. Schumer, Mr. Carper, Ms. Stabenow, Ms. 
 Hassan, Mr. Reed, Mr. Peters, Mr. Markey, Mr. Whitehouse, Mr. Booker, 
  Ms. Warren, Mr. Merkley, Mr. Blumenthal, Mr. Casey, Ms. Harris, Mr. 
  Durbin, Mr. Coons, Ms. Duckworth, Mrs. Gillibrand, and Mr. Sanders) 
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 and the Federal Water Pollution 
  Control Act to authorize additional assistance to address pollution 
from perfluoroalkyl and polyfluoroalklyl substances and other emerging 
                 contaminants, 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 ``Providing Financial Assistance to 
States for Testing and Treatment Act of 2020'' or the ``PFAS Testing 
and Treatment Act of 2020''.

SEC. 2. REMEDIATION OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 
              AND OTHER EMERGING CONTAMINANTS IN DRINKING WATER.

    Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is 
amended--
            (1) in subsection (a)(2)(G)--
                    (A) in clause (i), by striking ``clause (ii)'' and 
                inserting ``clauses (ii) and (iii)'';
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) Use of funds.--The recipient of a 
                        grant using amounts described in clause (i) may 
                        use the grant funds for projects and activities 
                        that address emerging contaminants, including--
                                    ``(I) investments necessary for 
                                public water systems and users of 
                                underground sources of drinking water 
                                to comply with the requirements of this 
                                title;
                                    ``(II) programs to provide 
                                household water quality testing, 
                                including testing for unregulated 
                                contaminants; and
                                    ``(III) other investments and 
                                programs to address emerging 
                                contaminants.''; and
            (2) in subsection (t)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Distribution.--
                    ``(A) In general.--Amounts made available under 
                this subsection shall be allotted to a State as a 
                capitalization grant--
                            ``(i) in accordance with subparagraph (B);
                            ``(ii) for deposit into the State loan fund 
                        of the State; and
                            ``(iii) for the purposes described in 
                        subsection (a)(2)(G).
                    ``(B) Allotment.--The amounts described in 
                subparagraph (A) shall be allotted to a State--
                            ``(i) for each of fiscal years 2021 and 
                        2022, as if allotted under subsection 
                        (a)(1)(D); and
                            ``(ii) for each of fiscal years 2023 
                        through 2029, in accordance with the 
                        regulations promulgated under subparagraph (C).
                    ``(C) Rulemaking.--Not later than 2 years after the 
                date of enactment of this subparagraph, the 
                Administrator shall promulgate regulations for the 
                distribution of amounts described in subparagraph (A) 
                among States in a manner that accounts for the 
                prevalence and remedial costs of addressing emerging 
                contaminants, with a focus on perfluoroalkyl and 
                polyfluoroalkyl substances.''; and
                    (B) in paragraph (2), by striking ``this 
                subsection'' and all that follows through the period at 
                the end and inserting the following: ``this subsection, 
                to remain available until expended--
                    ``(A) for fiscal year 2020--
                            ``(i) $1,000,000,000; and
                            ``(ii) any additional amount as may be 
                        designated by Congress as being for an 
                        emergency requirement pursuant to section 
                        251(b)(2)(A)(i) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985 (2 U.S.C. 
                        901(b)(2)(A)(i)); and
                    ``(B) for each of fiscal years 2021 through 2029, 
                $1,000,000,000.''.

SEC. 3. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY PERFLUOROALKYL 
              SUBSTANCES.

    Title V of the Federal Water Pollution Control Act is amended--
            (1) by redesignating section 520 (33 U.S.C. 1251 note) as 
        section 521; and
            (2) by inserting after section 519 (33 U.S.C. 1377a) the 
        following:

``SEC. 520. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY 
              PERFLUOROALKYL SUBSTANCES.

    ``(a) Definitions.--In this section:
            ``(1) Contaminated site.--The term `contaminated site' 
        means a site at which groundwater has been contaminated by a 
        covered perfluoroalkyl substance.
            ``(2) Covered perfluoroalkyl substance.--The term `covered 
        perfluoroalkyl substance' means--
                    ``(A) perfluorooctanoic acid (commonly referred to 
                as `PFOA') (Chemical Abstracts Service No. 335-67-1);
                    ``(B) the salts associated with the chemical 
                described in subparagraph (A) (Chemical Abstracts 
                Service Nos. 3825-26-1, 335-95-5, and 68141-02-6);
                    ``(C) perfluorooctane sulfonic acid or sulfonate 
                (commonly referred to as `PFOS') (Chemical Abstracts 
                Service No. 1763-23-1); and
                    ``(D) the salts associated with the chemical 
                described in subparagraph (C) (Chemical Abstracts 
                Service Nos. 2795-39-3, 29457-72-5, 56773-42-3, 29081-
                56-9, and 70225-14-8).
    ``(b) Establishment.--Subject to subsections (c) and (d), the 
Administrator shall provide grants to States to address contamination 
of groundwater by covered perfluoroalkyl substances at contaminated 
sites.
    ``(c) Distribution.--
            ``(1) In general.--The Administrator shall ensure that 
        funds made available to carry out this section are distributed 
        to each State--
                    ``(A) for each of fiscal years 2021 and 2022, in 
                such a manner that the total grant amount received by a 
                State under this section is equivalent to the ratio 
                that--
                            ``(i) the amount of the capitalization 
                        grant under title VI to the State in the last 
                        fiscal year in which capitalization grants were 
                        made; bears to
                            ``(ii) the amount of capitalization grants 
                        under title VI to all States in the last fiscal 
                        year in which capitalization grants were made; 
                        and
                    ``(B) for each of fiscal years 2023 through 2029, 
                in accordance with the regulations promulgated under 
                paragraph (2).
            ``(2) Rulemaking.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations for the distribution of amounts made available to 
        carry out this section among States in a manner that accounts 
        for the prevalence and remedial costs of addressing 
        contamination of groundwater by covered perfluoroalkyl 
        substances.
    ``(d) Cleanup Standards.--
            ``(1) In general.--Any detection, treatment, and 
        remediation of groundwater carried out using a grant under this 
        section shall be carried out in accordance with--
                    ``(A) if the Administrator has not designated the 
                applicable covered perfluoroalkyl substance as a 
                hazardous substance under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), the Draft 
                Deliberative Document prepared by the Administrator 
                entitled `Draft Interim Recommendations to Address 
                Groundwater Contaminated with Perfluorootanoic Acid and 
                Perfluorooctane Sulfonate' and accepted for interagency 
                review by the Office of Management and Budget on August 
                31, 2018; and
                    ``(B) if the Administrator has designated the 
                applicable covered perfluoroalkyl substance as a 
                hazardous substance under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), the requirements of 
                that Act.
            ``(2) Total destruction technologies.--In addressing the 
        contamination described in subsection (b) using amounts from a 
        grant under this section, States shall give preference to 
        addressing that contamination using total destruction 
        technologies that create inert byproducts.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2020--
                    ``(A) $1,000,000,000; and
                    ``(B) any additional amount as may be designated by 
                Congress as being for an emergency requirement pursuant 
                to section 251(b)(2)(A)(i) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(A)(i)); and
            ``(2) for each of fiscal years 2021 through 2029, 
        $1,000,000,000.
    ``(f) Termination of Authority.--The authority provided by this 
section terminates on September 30, 2029.''.
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