[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4362 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4362

  To prohibit water and power shutoffs during the COVID-19 emergency 
 period, provide drinking and wastewater assistance to households, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2020

  Mr. Merkley (for himself, Ms. Warren, Ms. Harris, Mrs. Murray, Mrs. 
   Gillibrand, Mr. Markey, Mr. Blumenthal, Mr. Wyden, Mr. Brown, Mr. 
 Durbin, and Mr. Murphy) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
  To prohibit water and power shutoffs during the COVID-19 emergency 
 period, provide drinking and wastewater assistance to households, 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 ``Emergency Water and Energy is a 
Human Right Act''.

SEC. 2. HOME ENERGY AND WATER SERVICE CONTINUITY.

    (a) Definitions.--In this section:
            (1) Home energy service.--The term ``home energy service'' 
        means a service to provide home energy, as such term is defined 
        in section 2603 of the Low-Income Home Energy Assistance Act of 
        1981 (42 U.S.C. 8622), and electric service, as that term is 
        used in the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2601 et seq.) to a residential customer.
            (2) Public water system.--The term ``public water system'' 
        has the meaning given that term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
    (b) Continuity.--Any entity receiving financial assistance pursuant 
to this Act shall establish or maintain in effect policies to ensure 
that no home energy service or service of a public water system or 
treatment works to a residential customer, which is provided or 
regulated by such entity, is or remains disconnected or interrupted 
during the public health emergency period, as defined in section 3(m) 
because of nonpayment, and all reconnections of service of a water 
system or treatment works are conducted in a manner that minimizes risk 
to the health of individuals receiving such service.
    (c) Rule of Construction.--Nothing in this Act shall be construed--
            (1) to require forgiveness of outstanding debt owed to an 
        entity or to absolve an individual of any obligation to an 
        entity for service described in subsection (b); or
            (2) to preempt any State or local law (including a 
        regulation) governing entities that provide such service to 
        residential customers.

SEC. 3. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER SERVICES 
              ASSISTANCE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated $1,500,000,000 to the Secretary to carry out this section. 
Such sum shall remain available until expended.
    (b) Low-Income Household Drinking Water and Wastewater Services 
Assistance.--The Secretary shall make grants from allotments described 
in subsection (d) to States and Indian Tribes to assist low-income 
households, particularly those with the lowest incomes, that pay a high 
proportion of household income for household drinking water and 
wastewater services, by providing payments to owners or operators of 
public water systems or treatment works to reduce rates charged to low-
income households for such services.
    (c) Nonduplication of Effort.--In carrying out a program under this 
section, the Secretary, States, and Indian Tribes, as applicable, 
shall, as appropriate and to the extent practicable, use existing (as 
of the date of implementation) processes, procedures, policies, and 
systems in place to provide assistance to low-income households, 
including by using existing application and approval processes.
    (d) Allotment.--
            (1) Factors.--The Secretary shall allot amounts 
        appropriated to carry out this section and not reserved under 
        paragraph (2) to a State or Indian Tribe taking into account--
                    (A) the percentage of households in the State, or 
                under the jurisdiction of the Indian Tribe, with 
                household income equal to or less than 150 percent of 
                the poverty line;
                    (B) the percentage of households described in 
                subparagraph (A) in the State, or under the 
                jurisdiction of the Indian Tribe, that spend more than 
                30 percent of monthly household income on housing; and
                    (C) the extent to which the State or Indian Tribe 
                has been affected by the public health emergency, 
                including the rate of transmission of COVID-19 in the 
                State or area under the jurisdiction of the Indian 
                Tribe, the number of COVID-19 cases in the State or 
                area compared to the national average, and economic 
                disruptions in the State or area resulting from the 
                public health emergency.
            (2) Reserved funds.--The Secretary shall reserve a portion 
        of not more than 10 percent of the amounts appropriated to 
        carry out this section and use the portion to allot funds to a 
        State or Indian Tribe based on the economic disruptions to the 
        State or Indian Tribe resulting from--
                    (A) the emergency involving Federal primary 
                responsibility declared by the President under section 
                501(b) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5191(b)) with 
                respect to the Coronavirus Disease 2019 (COVID-19), 
                during the period covered by such emergency 
                declaration; and
                    (B) any subsequent major disaster declared by the 
                President under section 401 of such Act (42 U.S.C. 
                5170) during the period covered by such major disaster 
                declaration, if that declaration supersedes such 
                declaration.
    (e) Determination of Low-Income Households.--
            (1) Minimum definition of low-income.--In determining 
        whether a household in a State or under the jurisdiction of an 
        Indian Tribe is considered low-income for the purposes of this 
        section, the State or Indian Tribe--
                    (A) shall ensure that, at a minimum, all households 
                with a household income equal to or less than 150 
                percent of the poverty line are included as low-income 
                households;
                    (B) shall ensure that, at a minimum, all households 
                with a household income equal to or less than 60 
                percent of the median household income in the State 
                involved (or the State in which the Indian tribe is 
                primarily located) are included as low-income 
                households;
                    (C) may include households that have been adversely 
                economically affected by job loss or severe income loss 
                related to the public health emergency; and
                    (D) may include other households, including 
                households in which 1 or more individuals are 
                receiving--
                            (i) assistance under the program of block 
                        grants to States for temporary assistance for 
                        needy families established under part A of 
                        title IV of the Social Security Act (42 U.S.C. 
                        601 et seq.);
                            (ii) payments under the supplemental 
                        security income program established under title 
                        XVI of the Social Security Act (42 U.S.C. 1381 
                        et seq.);
                            (iii) benefits under the supplemental 
                        nutrition assistance program under the Food and 
                        Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 
                        or
                            (iv) payments under section 1315, 1521, 
                        1541, or 1542 of title 38, United States Code, 
                        or under section 306 of the Veterans' and 
                        Survivors' Pension Improvement Act of 1978 (38 
                        U.S.C. 1521 note).
            (2) Household documentation requirements.--For determining 
        whether a household is considered low-income for the purposes 
        of this section, States and Indian Tribes shall--
                    (A) to the maximum extent practicable, seek to 
                limit the income history documentation requirements; 
                and
                    (B) accept proof of job loss or severe income loss 
                dated after February 29, 2020, such as a layoff or 
                furlough notice or verification of application for 
                unemployment benefits, as sufficient to demonstrate 
                lack of income for an individual in the household or 
                for the household.
    (f) Applications.--Each State or Indian Tribe desiring to receive a 
grant under this section shall submit an application to the Secretary, 
in such form as the Secretary shall require.
    (g) State Agreements.--To the maximum extent practicable, a State 
that receives a grant under this section shall enter into agreements 
with public water systems, treatment works, municipalities, nonprofit 
organizations associated with providing household drinking water and 
wastewater services to rural and small communities, and Indian Tribes, 
to assist in identifying low-income households and to carry out this 
section.
    (h) Utility Responsibilities.--An owner or operator of a public 
water system or treatment works receiving a payment from a State or 
Indian Tribe pursuant to this section for the purposes of reducing 
rates charged to low-income households for service shall--
            (1) conduct outreach activities designed to ensure that 
        such households are made aware of the rate reduction assistance 
        available pursuant to this section;
            (2) charge such households, in the normal billing process, 
        not more than the difference between the actual cost of the 
        service provided and the amount of the household's share of the 
        payment made by the State or Indian Tribe pursuant to this 
        section; and
            (3) within 45 days after providing assistance to a 
        household pursuant to this section, notify in writing such 
        household of the amount of such assistance.
    (i) Administrative Costs.--A State or Indian Tribe that receives a 
grant under this section may use up to 8 percent of the grant amounts 
for administrative costs of carrying out this section.
    (j) Federal Agency Coordination.--In carrying out this section, the 
Secretary shall coordinate with the Administrator of the Environmental 
Protection Agency and consult with other Federal agencies with 
authority over the provision of household drinking water and wastewater 
services.
    (k) Audits.--The Secretary shall require each State and Indian 
Tribe receiving a grant under this section to undertake periodic audits 
and evaluations of expenditures made by such State or Indian Tribe 
pursuant to this section.
    (l) Reports to Congress.--The Secretary shall prepare reports on 
the results of activities carried out pursuant to this section and 
submit the reports to Congress--
            (1) not later than 1 year after the date of enactment of 
        this section; and
            (2) upon disbursement of all funds appropriated to carry 
        out this section.
    (m) Definitions.--In this section:
            (1) Household drinking water and wastewater services.--The 
        term ``household drinking water and wastewater services'' has 
        the meaning given that term in section 1459A(a)(2) of the Safe 
        Drinking Water Act (42 U.S.C. 300j-19a(a)(2)).
            (2) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian Tribe, band, group, or community recognized by the 
        Secretary of the Interior and exercising governmental authority 
        over a Federal Indian reservation, as defined in section 518(h) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1377).
            (3) Municipality.--The term ``municipality'' has the 
        meaning given that term in section 502 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362).
            (4) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 673 of the Community 
        Services Block Grant Act (42 U.S.C. 9902).
            (5) Public health emergency.--The term ``public health 
        emergency'' means the public health emergency described in 
        section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
        1320b-5(g)(1)(B)).
            (6) Public health emergency period.--The term ``public 
        health emergency period'' has the meaning given that term in 
        section 1135(g)(1)(B).
            (7) Public water system.--The term ``public water system'' 
        has the meaning given that term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (9) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands of the United States, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands.
            (10) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).
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