[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3291 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 52
117th CONGRESS
  1st Session
                                H. R. 3291

                          [Report No. 117-76]

To amend the Safe Drinking Water Act to provide assistance for States, 
territories, areas affected by natural disasters, and water systems and 
  schools affected by PFAS or lead, and to require the Environmental 
    Protection Agency to promulgate national primary drinking water 
regulations for PFAS, microcystin toxin, and 1,4-dioxane, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2021

Mr. Tonko (for himself and Mr. Pallone) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

                             June 29, 2021

                    Additional sponsor: Mr. Horsford

                             June 29, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 18, 
                                 2021]


_______________________________________________________________________

                                 A BILL


 
To amend the Safe Drinking Water Act to provide assistance for States, 
territories, areas affected by natural disasters, and water systems and 
  schools affected by PFAS or lead, and to require the Environmental 
    Protection Agency to promulgate national primary drinking water 
regulations for PFAS, microcystin toxin, and 1,4-dioxane, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Assistance, 
Quality, and Affordability Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                        TITLE I--INFRASTRUCTURE

Sec. 101. Drinking water system resilience funding.
Sec. 102. Grants for State programs.
Sec. 103. American iron and steel products.
Sec. 104. Assistance for disadvantaged communities.
Sec. 105. Allotments for territories.
Sec. 106. Drinking water SRF funding.
Sec. 107. Lead service line replacement.
Sec. 108. Drinking water assistance to colonias.
Sec. 109. PFAS treatment grants.
Sec. 110. Voluntary school and child care program lead testing grant 
                            program.
Sec. 111. Grant program for installation of filtration stations at 
                            schools and child care programs.
Sec. 112. Drinking water fountain replacement for schools.
Sec. 113. Indian reservation drinking water program.
Sec. 114. Assistance for areas affected by natural disasters.

                            TITLE II--SAFETY

Sec. 201. Enabling EPA to set standards for new drinking water 
                            contaminants.
Sec. 202. National primary drinking water regulations for PFAS.
Sec. 203. National primary drinking water regulations for microcystin 
                            toxin.
Sec. 204. National primary drinking water regulations for 1,4-dioxane.
Sec. 205. Elimination of small system variances.

                        TITLE III--AFFORDABILITY

Sec. 301. Emergency relief program.

                        TITLE IV--OTHER MATTERS

Sec. 401. Small urban and rural water system consolidation report.

                        TITLE I--INFRASTRUCTURE

SEC. 101. DRINKING WATER SYSTEM RESILIENCE FUNDING.

    Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)) is amended--
            (1) in paragraph (1), by striking ``and 2021'' and 
        inserting ``through 2031''; and
            (2) in paragraph (6)--
                    (A) by striking ``25,000,000'' and inserting 
                ``50,000,000''; and
                    (B) by striking ``2020 and 2021'' and inserting 
                ``2022 through 2031''.

SEC. 102. GRANTS FOR STATE PROGRAMS.

    Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``and 2021'' and inserting ``through 
2031''.

SEC. 103. AMERICAN IRON AND STEEL PRODUCTS.

    Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019 
through 2023, funds'' and inserting ``Funds''.

SEC. 104. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.

    Section 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(d)(2)(A)) is amended by striking ``35 percent'' and inserting 
``40 percent''.

SEC. 105. ALLOTMENTS FOR TERRITORIES.

    Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5 
percent''.

SEC. 106. DRINKING WATER SRF FUNDING.

    Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'';
            (2) in subparagraph (C), by striking ``2021.'' and 
        inserting ``2021;''; and
            (3) by adding at the end the following:
                    ``(D) $4,140,000,000 for fiscal year 2022;
                    ``(E) $4,800,000,000 for fiscal year 2023; and
                    ``(F) $5,500,000,000 for each of fiscal years 2024 
                through 2031.''.

SEC. 107. LEAD SERVICE LINE REPLACEMENT.

    (a) In General.--Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended by adding at the end the following:
    ``(u) Lead Service Line Replacement.--
            ``(1) In general.--In addition to the capitalization grants 
        to eligible States under subsection (a)(1), the Administrator 
        shall offer to enter into agreements with States, Indian 
        Tribes, and the territories described in subsection (j) to make 
        grants, including letters of credit, to such States, Indian 
        Tribes, and territories under this subsection to fund the 
        replacement of lead service lines.
            ``(2) Allotments.--
                    ``(A) States.--Funds made available to carry out 
                this subsection shall be--
                            ``(i) allotted and reallotted to the extent 
                        practicable to States as if allotted or 
                        reallotted under subsection (a)(1) as a 
                        capitalization grant under such subsection; and
                            ``(ii) deposited into the State loan fund 
                        of a State receiving such funds pursuant to an 
                        agreement entered into pursuant to this 
                        subsection.
                    ``(B) Indian tribes.--The Administrator shall set 
                aside 1\1/2\ percent of the amounts made available each 
                fiscal year to carry out this subsection to make grants 
                to Indian Tribes.
                    ``(C) Other areas.--Funds made available to carry 
                out this subsection shall be allotted to territories 
                described in subsection (j) in accordance with such 
                subsection.
            ``(3) Grants.--Notwithstanding any other provision of this 
        section, funds made available under this subsection shall be 
        used only for providing grants for the replacement of lead 
        service lines.
            ``(4) Priority.--Each State, Indian Tribe, and territory 
        that has entered into an agreement pursuant to this subsection 
        shall annually prepare a plan that identifies the intended uses 
        of the amounts made available to such State, Indian Tribe, or 
        territory under this subsection, and any such plan shall--
                    ``(A) not be required to comply with subsection 
                (b)(3); and
                    ``(B) provide, to the maximum extent practicable, 
                that priority for the use of funds be given to projects 
                that replace lead service lines serving disadvantaged 
                communities and environmental justice communities.
            ``(5) Plan for replacement.--Each State, Indian Tribe, and 
        territory that has entered into an agreement pursuant to this 
        subsection shall require each recipient of funds made available 
        pursuant to this subsection to submit to the State, Indian 
        Tribe, or territory a plan to replace all lead service lines in 
        the applicable public water system within 10 years of receiving 
        such funds.
            ``(6) American made iron and steel and prevailing wages.--
        The requirements of paragraphs (4) and (5) of subsection (a) 
        shall apply to any project carried out in whole or in part with 
        funds made available under or pursuant to this subsection.
            ``(7) Limitation.--
                    ``(A) Prohibition on partial line replacement.--No 
                funds made available pursuant to this subsection may be 
                used for partial lead service line replacement if, at 
                the conclusion of the service line replacement, 
                drinking water is delivered through a publicly or 
                privately owned portion of a lead service line.
                    ``(B) No private owner contribution.--Any recipient 
                of funds made available pursuant to this subsection for 
                lead service line replacement shall offer to replace 
                any privately owned portion of any lead service line 
                with respect to which such funds are used at no cost to 
                the private owner.
            ``(8) Disadvantaged community assistance.--All funds made 
        available pursuant to this subsection to fund the replacement 
        of lead service lines may be used to replace lead service lines 
        serving disadvantaged communities.
            ``(9) State contribution not required.--No agreement 
        entered into pursuant to paragraph (1) shall require that a 
        State deposit, at any time, in the applicable State loan fund 
        from State moneys any contribution in order to receive funds 
        under this subsection.
            ``(10) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection 
                $4,500,000,000 for each of fiscal years 2022 through 
                2031. Such sums shall remain available until expended.
                    ``(B) Additional amounts.--To the extent amounts 
                authorized to be appropriated under this subsection in 
                any fiscal year are not appropriated in that fiscal 
                year, such amounts are authorized to be appropriated in 
                a subsequent fiscal year. Such sums shall remain 
                available until expended.
            ``(11) Definitions.--For purposes of this subsection:
                    ``(A) Disadvantaged community.--The term 
                `disadvantaged community' has the meaning given such 
                term in subsection (d)(3).
                    ``(B) Environmental justice community.--The term 
                `environmental justice community' means any population 
                of color, community of color, indigenous community, or 
                low-income community that experiences a 
                disproportionate burden of the negative human health 
                and environmental impacts of pollution or other 
                environmental hazards.
                    ``(C) Lead service line.--The term `lead service 
                line' means a pipe and its fittings, which are not lead 
                free (as defined in section 1417(d)), that connect the 
                drinking water main to the building inlet.''.
    (b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G) 
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.

SEC. 108. DRINKING WATER ASSISTANCE TO COLONIAS.

    Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Covered entity.--The term `covered entity' means each 
        of the following:
                    ``(A) A border State.
                    ``(B) A local government with jurisdiction over an 
                eligible community.'';
            (2) in subsection (b), by striking ``border State'' and 
        inserting ``covered entity'';
            (3) in subsection (d), by striking ``shall not exceed 50 
        percent'' and inserting ``may not be less than 80 percent''; 
        and
            (4) in subsection (e)--
                    (A) by striking ``$25,000,000'' and inserting 
                ``$100,000,000''; and
                    (B) by striking ``1997 through 1999'' and inserting 
                ``2022 through 2026''.

SEC. 109. PFAS TREATMENT GRANTS.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following new section:

``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to affected community water systems to pay for capital 
costs associated with the implementation of eligible treatment 
technologies.
    ``(b) Applications.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
            ``(2) Required information.--The Administrator shall 
        require a community water system applying for a grant under 
        this section to submit--
                    ``(A) information showing the presence of a 
                perfluoroalkyl or polyfluoroalkyl substance in water of 
                the community water system; and
                    ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to meet all applicable 
                standards, and all applicable health advisories 
                published pursuant to section 1412(b)(1)(F), for 
                perfluoroalkyl and polyfluoroalkyl substances.
    ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 2 years 
thereafter, the Administrator shall publish a list of treatment 
technologies that the Administrator determines are the most effective 
at removing perfluoroalkyl and polyfluoroalkyl substances from drinking 
water.
    ``(d) Priority for Funding.--In awarding grants under this section, 
the Administrator shall prioritize an affected community water system 
that--
            ``(1) serves a disadvantaged community;
            ``(2) will provide at least a 10-percent cost share for the 
        cost of implementing an eligible treatment technology;
            ``(3) demonstrates the capacity to maintain the eligible 
        treatment technology to be implemented using the grant; or
            ``(4) is located within an area with respect to which the 
        Administrator has published a determination under the first 
        sentence of section 1424(e) relating to an aquifer that is the 
        sole or principal drinking water source for the area.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $500,000,000 for each of the fiscal 
        years 2022 through 2031.
            ``(2) Special rule.--Of the amounts authorized to be 
        appropriated by paragraph (1), $25,000,000 are authorized to be 
        appropriated for each of fiscal years 2022 and 2023 for grants 
        under subsection (a) to pay for capital costs associated with 
        the implementation of eligible treatment technologies during 
        the period beginning on October 1, 2014, and ending on the date 
        of enactment of this section.
    ``(f) Definitions.--In this section:
            ``(1) Affected community water system.--The term `affected 
        community water system' means a community water system that is 
        affected by the presence of a perfluoroalkyl or polyfluoroalkyl 
        substance in the water in the community water system.
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given that term in section 1452.
            ``(3) Eligible treatment technology.--The term `eligible 
        treatment technology' means a treatment technology included on 
        the list published under subsection (c).''.

SEC. 110. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TESTING GRANT 
              PROGRAM.

    Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d)(8)) is amended by striking ``and 2021'' and inserting ``through 
2031''.

SEC. 111. GRANT PROGRAM FOR INSTALLATION OF FILTRATION STATIONS AT 
              SCHOOLS AND CHILD CARE PROGRAMS.

    Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is 
amended by adding at the end the following:
    ``(e) Grant Program for Installation and Maintenance of Filtration 
Stations.--
            ``(1) Program.--The Administrator shall establish a program 
        to make grants to States to assist local educational agencies 
        in voluntary installation and maintenance of filtration 
        stations at schools and child care programs under the 
        jurisdiction of the local educational agencies.
            ``(2) Direct grants to local educational agencies.--The 
        Administrator may make a grant described in paragraph (1) 
        directly available to--
                    ``(A) any local educational agency described in 
                clause (i) or (iii) of subsection (d)(1)(B) located in 
                a State that does not participate in the program 
                established under paragraph (1); or
                    ``(B) any local educational agency described in 
                clause (ii) of subsection (d)(1)(B).
            ``(3) Use of funds.--Grants made under the program 
        established under this subsection may be used to pay the costs 
        of--
                    ``(A) installation and maintenance of filtration 
                stations at schools and child care programs; and
                    ``(B) annual testing of drinking water at such 
                schools and child care programs following the 
                installation of filtration stations.
            ``(4) Priority.--In making grants under the program 
        established under this subsection, the Administrator shall give 
        priority to States and local educational agencies that will 
        assist in voluntary installation and maintenance of filtration 
        stations at schools and child care programs that are in low-
        income areas.
            ``(5) Guidance.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall establish 
        guidance to carry out the program established under this 
        subsection.
            ``(6) No prior testing required.--The program established 
        under this subsection shall not require testing for lead 
        contamination in drinking water at schools and child care 
        programs prior to participation in such program.
            ``(7) Definitions.--In this subsection:
                    ``(A) Child care program and local educational 
                agency.--The terms `child care program' and `local 
                educational agency' have the meaning given such terms 
                in subsection (d).
                    ``(B) Filtration station.--The term `filtration 
                station' means an apparatus that--
                            ``(i) is connected to building plumbing;
                            ``(ii) is certified to the latest version 
                        of NSF/ANSI 53 for lead reduction and NSF/ANSI 
                        42 for particulate reduction (Class I) by a 
                        certification body accredited by the American 
                        National Standards Institute National 
                        Accreditation Board;
                            ``(iii) has an indicator to show filter 
                        performance;
                            ``(iv) can fill bottles or containers for 
                        water consumption; and
                            ``(v) allows users to drink directly from a 
                        stream of flowing water.
            ``(8) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $50,000,000 for 
        each of fiscal years 2022 through 2031.''.

SEC. 112. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

    Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
25(d)) is amended by striking ``2021'' and inserting ``2031''.

SEC. 113. INDIAN RESERVATION DRINKING WATER PROGRAM.

    Section 2001(d) of America's Water Infrastructure Act of 2018 
(Public Law 115-270) is amended by striking ``2022'' and inserting 
``2031''.

SEC. 114. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

    Section 2020 of America's Water Infrastructure Act of 2018 (Public 
Law 115-270) is amended--
            (1) in subsection (b)(1), by striking ``subsection (e)(1)'' 
        and inserting ``subsection (f)(1)'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Assistance for Territories.--The Administrator may use funds 
made available under subsection (f)(1) to make grants to Guam, the 
Virgin Islands, American Samoa, and the Northern Mariana Islands for 
the purposes of providing assistance to eligible systems to restore or 
increase compliance with national primary drinking water 
regulations.''; and
            (4) in subsection (f), as so redesignated--
                    (A) in the heading, by striking ``State Revolving 
                Fund Capitalization''; and
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and to make grants under 
                        subsection (c) of this section,'' before ``to 
                        be available''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        subsection (c), as applicable'' after 
                        ``subsection (b)(1)''.

                            TITLE II--SAFETY

SEC. 201. ENABLING EPA TO SET STANDARDS FOR NEW DRINKING WATER 
              CONTAMINANTS.

    (a) In General.--Section 1412(b)(6) of the Safe Drinking Water Act 
(42 U.S.C. 300g-1(b)(6)) is repealed.
    (b) Conforming Amendments.--Section 1412(b) of the Safe Drinking 
Water Act (42 U.S.C. 300g-1(b)) is amended--
            (1) in paragraph (3)(C)(i)--
                    (A) by striking ``paragraph (5) or (6)(A)'' and 
                inserting ``paragraph (5)''; and
                    (B) by striking ``paragraphs (4), (5), and (6)'' 
                and inserting ``paragraphs (4) and (5)''; and
            (2) in paragraph (4)(B), by striking ``paragraphs (5) and 
        (6)'' and inserting ``paragraph (5)''.

SEC. 202. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.

    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:
            ``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph, the Administrator 
                shall, after notice and opportunity for public comment, 
                promulgate a national primary drinking water regulation 
                for perfluoroalkyl and polyfluoroalkyl substances, 
                which shall, at a minimum, include standards for--
                            ``(i) perfluorooctanoic acid (commonly 
                        referred to as `PFOA'); and
                            ``(ii) perfluorooctane sulfonic acid 
                        (commonly referred to as `PFOS').
                    ``(B) Alternative procedures.--
                            ``(i) In general.--Not later than 1 year 
                        after the validation by the Administrator of an 
                        equally effective quality control and testing 
                        procedure to ensure compliance with the 
                        national primary drinking water regulation 
                        promulgated under subparagraph (A) to measure 
                        the levels described in clause (ii) or other 
                        methods to detect and monitor perfluoroalkyl 
                        and polyfluoroalkyl substances in drinking 
                        water, the Administrator shall add the 
                        procedure or method as an alternative to the 
                        quality control and testing procedure described 
                        in such national primary drinking water 
                        regulation by publishing the procedure or 
                        method in the Federal Register in accordance 
                        with section 1401(1)(D).
                            ``(ii) Levels described.--The levels 
                        referred to in clause (i) are--
                                    ``(I) the level of a perfluoroalkyl 
                                or polyfluoroalkyl substance;
                                    ``(II) the total levels of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances; and
                                    ``(III) the total levels of organic 
                                fluorine.
                    ``(C) Inclusions.--The Administrator may include a 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances on--
                            ``(i) the list of contaminants for 
                        consideration of regulation under paragraph 
                        (1)(B)(i), in accordance with such paragraph; 
                        and
                            ``(ii) the list of unregulated contaminants 
                        to be monitored under section 1445(a)(2)(B)(i), 
                        in accordance with such section.
                    ``(D) Monitoring.--When establishing monitoring 
                requirements for public water systems as part of a 
                national primary drinking water regulation under 
                subparagraph (A) or subparagraph (G)(ii), the 
                Administrator shall tailor the monitoring requirements 
                for public water systems that do not detect or are 
                reliably and consistently below the maximum contaminant 
                level (as defined in section 1418(b)(2)(B)) for the 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances subject to 
                the national primary drinking water regulation.
                    ``(E) Health protection.--The national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the health of 
                subpopulations at greater risk, as described in section 
                1458.
                    ``(F) Health risk reduction and cost analysis.--In 
                meeting the requirements of paragraph (3)(C), the 
                Administrator may rely on information available to the 
                Administrator with respect to one or more specific 
                perfluoroalkyl or polyfluoroalkyl substances to 
                extrapolate reasoned conclusions regarding the health 
                risks and effects of a class of perfluoroalkyl or 
                polyfluoroalkyl substances of which the specific 
                perfluoroalkyl or polyfluoroalkyl substances are a 
                part.
                    ``(G) Regulation of additional substances.--
                            ``(i) Determination.--The Administrator 
                        shall make a determination under paragraph 
                        (1)(A), using the criteria described in clauses 
                        (i) through (iii) of that paragraph, whether to 
                        include a perfluoroalkyl or polyfluoroalkyl 
                        substance or class of perfluoroalkyl or 
                        polyfluoroalkyl substances in the national 
                        primary drinking water regulation under 
                        subparagraph (A) not later than 18 months after 
                        the later of--
                                    ``(I) the date on which the 
                                perfluoroalkyl or polyfluoroalkyl 
                                substance or class of perfluoroalkyl or 
                                polyfluoroalkyl substances is listed on 
                                the list of contaminants for 
                                consideration of regulation under 
                                paragraph (1)(B)(i); and
                                    ``(II) the date on which--
                                            ``(aa) the Administrator 
                                        has received the results of 
                                        monitoring under section 
                                        1445(a)(2)(B) for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances; or
                                            ``(bb) the Administrator 
                                        has received reliable water 
                                        data or water monitoring 
                                        surveys for the perfluoroalkyl 
                                        or polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances from 
                                        a Federal or State agency that 
                                        the Administrator determines to 
                                        be of a quality sufficient to 
                                        make a determination under 
                                        paragraph (1)(A).
                            ``(ii) Primary drinking water 
                        regulations.--
                                    ``(I) In general.--For each 
                                perfluoroalkyl or polyfluoroalkyl 
                                substance or class of perfluoroalkyl or 
                                polyfluoroalkyl substances that the 
                                Administrator determines to regulate 
                                under clause (i), the Administrator--
                                            ``(aa) not later than 18 
                                        months after the date on which 
                                        the Administrator makes the 
                                        determination, shall propose a 
                                        national primary drinking water 
                                        regulation for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances; and
                                            ``(bb) may publish the 
                                        proposed national primary 
                                        drinking water regulation 
                                        described in item (aa) 
                                        concurrently with the 
                                        publication of the 
                                        determination to regulate the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances.
                                    ``(II) Deadline.--
                                            ``(aa) In general.--Not 
                                        later than 1 year after the 
                                        date on which the Administrator 
                                        publishes a proposed national 
                                        primary drinking water 
                                        regulation under clause (i)(I) 
                                        and subject to item (bb), the 
                                        Administrator shall take final 
                                        action on the proposed national 
                                        primary drinking water 
                                        regulation.
                                            ``(bb) Extension.--The 
                                        Administrator, on publication 
                                        of notice in the Federal 
                                        Register, may extend the 
                                        deadline under item (aa) by not 
                                        more than 6 months.
                    ``(H) Health advisory.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Administrator shall publish a health 
                        advisory under paragraph (1)(F) for a 
                        perfluoroalkyl or polyfluoroalkyl substance or 
                        class of perfluoroalkyl or polyfluoroalkyl 
                        substances not subject to a national primary 
                        drinking water regulation not later than 1 year 
                        after the later of--
                                    ``(I) the date on which the 
                                Administrator finalizes a toxicity 
                                value for the perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances; and
                                    ``(II) the date on which the 
                                Administrator validates an effective 
                                quality control and testing procedure 
                                for the perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances.
                            ``(ii) Waiver.--The Administrator may waive 
                        the requirements of clause (i) with respect to 
                        a perfluoroalkyl or polyfluoroalkyl substance 
                        or class of perfluoroalkyl and polyfluoroalkyl 
                        substances if the Administrator determines that 
                        there is a substantial likelihood that the 
                        perfluoroalkyl or polyfluoroalkyl substance or 
                        class of perfluoroalkyl or polyfluoroalkyl 
                        substances will not occur in drinking water 
                        with sufficient frequency to justify the 
                        publication of a health advisory, and publishes 
                        such determination, including the information 
                        and analysis used, and basis for, such 
                        determination, in the Federal Register.''.

SEC. 203. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR MICROCYSTIN 
              TOXIN.

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
            ``(17) Microcystin toxin.--
                    ``(A) In general.--Notwithstanding any other 
                deadline established in this subsection, not later than 
                2 years after the date of enactment of the Assistance, 
                Quality, and Affordability Act of 2021, the 
                Administrator shall publish a maximum contaminant level 
                goal and promulgate a national primary drinking water 
                regulation for microcystin toxin.
                    ``(B) Health protection.--The maximum contaminant 
                level goal and national primary drinking water 
                regulation promulgated under subparagraph (A) shall be 
                protective of the health of subpopulations at greater 
                risk, as described in section 1458.''.

SEC. 204. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 1,4-DIOXANE.

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
            ``(18) 1,4-dioxane.--
                    ``(A) In general.--Notwithstanding any other 
                deadline established in this subsection, not later than 
                2 years after the date of enactment of the Assistance, 
                Quality, and Affordability Act of 2021, the 
                Administrator shall publish a maximum contaminant level 
                goal and promulgate a national primary drinking water 
                regulation for 1,4-dioxane.
                    ``(B) Health protection.--The maximum contaminant 
                level goal and national primary drinking water 
                regulation promulgated under subparagraph (A) shall be 
                protective of the health of subpopulations at greater 
                risk, as described in section 1458.''.

SEC. 205. ELIMINATION OF SMALL SYSTEM VARIANCES.

    (a) Small System Variances.--Section 1415 (42 U.S.C. 300g-4) of the 
Safe Drinking Water Act is amended by striking subsection (e).
    (b) Conforming Amendments.--
            (1) Section 1412(b)(15) of the Safe Drinking Water Act (42 
        U.S.C. 300g-1(b)(15)) is amended by striking subparagraph (D).
            (2) Section 1414(c)(1)(B) of the Safe Drinking Water Act 
        (42 U.S.C. 300g-3(c)(1)(B)) is amended by striking ``, (a)(2), 
        or (e)'' and inserting ``or (a)(2)''.
            (3) Section 1416(b)(2) of the Safe Drinking Water Act (42 
        U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (D).
            (4) Section 1445(h) of the Safe Drinking Water Act (42 
        U.S.C. 300j-4(h)) is amended--
                    (A) by striking ``sections 1412(b)(4)(E) and 
                1415(e) (relating to small system variance program)'' 
                and inserting ``section 1412(b)(4)(E)''; and
                    (B) by striking ``guidance under sections 
                1412(b)(4)(E) and 1415(e)'' and inserting ``guidance 
                under section 1412(b)(4)(E)''.

                        TITLE III--AFFORDABILITY

SEC. 301. EMERGENCY RELIEF PROGRAM.

    Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et seq.) 
is amended by adding at the end the following new section:

``SEC. 1466. EMERGENCY RELIEF PROGRAM.

    ``(a) Emergency Relief Program.--The Administrator shall establish 
and carry out a residential emergency relief program to provide 
payments to public water systems to reimburse such public water systems 
for providing forgiveness of arrearages and fees incurred by eligible 
residential customers before the date of enactment of this section to 
help such eligible residential customers retain, or reconnect or 
restore, water service.
    ``(b) Conditions.--To receive funds under this section, a public 
water system shall agree to--
            ``(1) except as otherwise provided in this section, use 
        such funds to forgive all arrearages and fees relating to 
        nonpayment or arrearages incurred by eligible residential 
        customers before the date of enactment of this section;
            ``(2) if forgiveness of all arrearages and fees described 
        in paragraph (1) is not possible given the amount of funds 
        received, except as otherwise provided in this section, use 
        such funds to reduce such arrearages and fees for each eligible 
        residential customer by, to the extent practicable, a 
        consistent percentage;
            ``(3) take no action that negatively affects the credit 
        score of an eligible residential customer, or pursue any type 
        of collection action against such eligible residential 
        customer, during the 5-year period that begins on the date on 
        which the public water system receives such funds;
            ``(4) not disconnect or interrupt the service of any 
        eligible residential customer as a result of nonpayment or 
        arrearages during such 5-year period; and
            ``(5) provide to the Administrator such information as the 
        Administrator determines appropriate.
    ``(c) Eligible Customers.--To be eligible for forgiveness or 
reduction of arrearages and fees pursuant to the program established 
under subsection (a), a residential customer of a public water system 
shall have accrued new arrearages on or after March 1, 2020.
    ``(d) Reconnection Expenses.--The Administrator, or a State that 
is, pursuant to subsection (e), implementing the program established 
under subsection (a), may authorize a public water system receiving 
funds under this section to use up to 5 percent of such funds for 
expenses relating to reconnecting or restoring water service, including 
expenses relating to plumbing repairs and pipe flushing, as needed, for 
eligible residential customers.
    ``(e) Administrative Expenses.--The Administrator may authorize--
            ``(1) States to implement the program established under 
        subsection (a); and
            ``(2) a State implementing such program to use up to 4 
        percent of funds made available to carry out such program in 
        such State for administrative expenses.
    ``(f) Submissions to Congress.--Not later than 180 days after the 
date of enactment of this section, and every other month thereafter 
until all amounts made available under this section are expended, the 
Administrator shall submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report that describes--
            ``(1) each public water system that received a payment 
        under or pursuant to this section;
            ``(2) the total amount of each payment provided under or 
        pursuant to this section;
            ``(3) for each public water system receiving a payment 
        under or pursuant to this section--
                    ``(A) the amount of arrearages and fees forgiven or 
                reduced;
                    ``(B) the number of eligible residential customers 
                benefitting from forgiveness or reduction of arrearages 
                and fees under this section;
                    ``(C) the amount of arrearages and fees of 
                customers described in subparagraph (B) incurred before 
                the date of enactment of this section that remain 
                outstanding;
                    ``(D) the number of eligible residential customers 
                that did not benefit from forgiveness or reduction of 
                arrearages and fees under this section; and
                    ``(E) the amount of arrearages and fees of 
                customers described in subparagraph (D) incurred before 
                the date of enactment of this section that remain 
                outstanding; and
            ``(4) a summary of any other information provided to the 
        Administrator by public water systems that receive a payment 
        pursuant to this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000,000, to remain 
available until expended.''.

                        TITLE IV--OTHER MATTERS

SEC. 401. SMALL URBAN AND RURAL WATER SYSTEM CONSOLIDATION REPORT.

    (a) Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report on issues relating to the 
        potential for consolidation of distressed small water systems.
            (2) Inclusions.--The report submitted under paragraph (1) 
        shall include--
                    (A) information on--
                            (i) the amount of debt of covered small 
                        water systems;
                            (ii) whether the budgets of covered small 
                        water systems are balanced;
                            (iii) the degree to which covered small 
                        water systems defer infrastructure 
                        improvements;
                            (iv) the degree to which covered small 
                        water systems are not in compliance with 
                        applicable Federal and State water quality 
                        standards;
                            (v) how rates charged by covered small 
                        water systems for service relate to the costs 
                        for maintenance of, and improvements to, such 
                        systems; and
                            (vi) how the management, financial, and 
                        technical capacity of covered small water 
                        systems affects the ability of such systems to 
                        provide service at affordable rates;
                    (B) an evaluation of--
                            (i) whether covered small water system 
                        infrastructure is failing, resulting in a 
                        temporary or permanent loss of essential 
                        functions or services; and
                            (ii) how to prevent covered small water 
                        systems from becoming distressed small water 
                        systems;
                    (C) policy recommendations for how Congress may 
                support the consolidation of distressed small water 
                systems; and
                    (D) best practices and guidelines the Administrator 
                of the Environmental Protection Agency may use to 
                assist State and local governments with facilitating 
                the consolidation of distressed small water systems.
    (b) Definitions.--In this section:
            (1) Consolidation.--The term ``consolidation'' means, with 
        respect to a public water system, any of the actions described 
        in subparagraphs (A) through (D) of section 1414(h)(1) of the 
        Safe Drinking Water Act (42 U.S.C. 300g-3(h)(1)).
            (2) Covered small water system.--The term ``covered small 
        water system'' means a public water system that serves--
                    (A) fewer than 50,000 individuals; and
                    (B) a disadvantaged community or an environmental 
                justice community.
            (3) Disadvantaged community.--The term ``disadvantaged 
        community'' has the meaning given such term in section 
        1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
        12(d)(3)).
            (4) Distressed small water system.--The term ``distressed 
        small water system'' means a covered small water system--
                    (A) that is unable to carry out necessary 
                maintenance of, and improvements to, such system in 
                order to--
                            (i) comply with applicable Federal and 
                        State water quality standards; or
                            (ii) provide reliable and affordable 
                        service to customers while complying with such 
                        water quality standards; and
                    (B) with respect to which consolidation may be 
                necessary to address the issues described in 
                subparagraph (A).
            (5) Environmental justice community.--The term 
        ``environmental justice community'' has the meaning given such 
        term in section 1452(u)(11) of the Safe Drinking Water Act.
            (6) Public water system.--The term ``public water system'' 
        has the meaning given such term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
                                                  Union Calendar No. 52

117th CONGRESS

  1st Session

                               H. R. 3291

                          [Report No. 117-76]

_______________________________________________________________________

                                 A BILL

To amend the Safe Drinking Water Act to provide assistance for States, 
territories, areas affected by natural disasters, and water systems and 
  schools affected by PFAS or lead, and to require the Environmental 
    Protection Agency to promulgate national primary drinking water 
regulations for PFAS, microcystin toxin, and 1,4-dioxane, and for other 
                               purposes.

_______________________________________________________________________

                             June 29, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed