[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 806 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 806

To amend the Consolidated Farm and Rural Development Act to establish a 
     grant program to assist with the purchase, installation, and 
 maintenance of point-of-entry and point-of-use drinking water quality 
             improvement products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2023

Ms. Baldwin (for herself, Ms. Collins, Ms. Smith, Mrs. Shaheen, and Mr. 
King) introduced the following bill; which was read twice and referred 
        to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Consolidated Farm and Rural Development Act to establish a 
     grant program to assist with the purchase, installation, and 
 maintenance of point-of-entry and point-of-use drinking water quality 
             improvement products, 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 ``Healthy Drinking Water Affordability 
Act'' or the ``Healthy H2O Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) clean and safe drinking water is necessary to ensure 
        public health and a vibrant economy;
            (2) communities that are dependent on private groundwater 
        supplies to meet domestic drinking water needs, as well as 
        those that continue to experience drinking water infrastructure 
        challenges from public water supplies, including with 
        infrastructure into and within households and living 
        facilities, are disproportionately impacted by drinking water 
        quality issues;
            (3) in many instances, those communities and their 
        households have been adversely impacted by the presence of 1 or 
        more naturally occurring and human-caused contaminants found in 
        drinking water, such as lead, arsenic, nitrate, nitrite, and 
        volatile organic compounds, as well as federally unregulated 
        contaminants, including perfluoroalkyl and polyfluoroalkyl 
        substances and hexavalent chromium (chrome-6), in local 
        groundwater or other drinking water supplies;
            (4) public health organizations and institutions, such as 
        the Centers for Disease Control and Prevention, have cited 
        giardia, enterovirus, radon, rotovirus, norovirus, shigella, 
        campylobacter, salmonella, hepatitis A, cryptosporidium, and e. 
        coli as among the major diseases and contaminants that can be 
        present in drinking water sources;
            (5) investments in projects to improve and support drinking 
        water infrastructure are critically important to addressing 
        water quality in the United States, but because those projects 
        can typically take many years to complete, the current, and in 
        some cases the ongoing, needs of communities impacted with 
        immediate drinking water quality challenges cannot be or are 
        not addressed in a timely manner;
            (6) as an interim measure (and in some cases in rural 
        areas, for longer term or permanently), point-of-entry and 
        point-of-use water quality improvement products are viable 
        solutions to address drinking water contamination challenges 
        for the people of the United States; and
            (7) grants provided under this Act are intended to provide 
        financial assistance for eligible grant recipients (as defined 
        in section 306F(a) of the Consolidated Farm and Rural 
        Development Act (as added by section 3)) that voluntarily seek 
        to improve the quality of the drinking water of eligible end 
        users (as defined in that section), and not to demonstrate that 
        an eligible end user is in compliance with a Federal, State, or 
        local primary drinking water standard or regulation.

SEC. 3. HEALTHY DRINKING WATER AFFORDABILITY ASSISTANCE PROGRAM.

    Subtitle A of the Consolidated Farm and Rural Development Act is 
amended by inserting after section 306E (7 U.S.C. 1926e) the following:

``SEC. 306F. HEALTHY DRINKING WATER AFFORDABILITY ASSISTANCE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Approved installation.--The term `approved 
        installation' means the installation of an eligible drinking 
        water quality improvement product or a certified filter 
        component by a qualified third-party installer that--
                    ``(A) complies with all local and State 
                regulations; and
                    ``(B) follows the installation instructions of the 
                manufacturer.
            ``(2) Approved maintenance.--The term `approved 
        maintenance' means required maintenance--
                    ``(A) performed on an eligible drinking water 
                quality improvement product that includes maintenance 
                and replacement of the certified filter component;
                    ``(B) performed by a service technician who--
                            ``(i) is--
                                    ``(I) professionally qualified, 
                                certified, or licensed as a water 
                                treatment product maintenance 
                                professional, including a professional 
                                credentialed through a manufacturer or 
                                third party;
                                    ``(II) operating under the 
                                supervision of a service technician 
                                described in subclause (I);
                                    ``(III) a licensed plumber or a 
                                plumber operating under the supervision 
                                of a licensed plumbing contractor; or
                                    ``(IV) an individual who holds a 
                                license or certification related to 
                                water treatment technologies issued by 
                                a State or local government; and
                            ``(ii) regularly completes continuing 
                        education on water treatment technology and 
                        other subjects that enhance the services 
                        provided under this section;
                    ``(C) that complies with all local and State 
                regulations; and
                    ``(D) that follows the maintenance instructions of 
                the manufacturer.
            ``(3) Certified filter component.--The term `certified 
        filter component' means a replaceable or replacement filter 
        component--
                    ``(A) for which approved maintenance can be 
                performed; and
                    ``(B) that is certified by a third-party certifier 
                as compliant with--
                            ``(i) NSF P231;
                            ``(ii) NSF/ANSI Standard 42, 44, 53, 55, 
                        58, or 401; or
                            ``(iii) another successor or relevant 
                        consensus-based standard for drinking water 
                        treatment units or systems that addresses 
                        health contaminant reduction, as determined by 
                        the Secretary.
            ``(4) Eligible drinking water quality improvement 
        product.--The term `eligible drinking water quality improvement 
        product' means a point-of-use or point-of-entry system--
                    ``(A) incorporating a certified filter component; 
                and
                    ``(B) that is certified by a third-party certifier 
                to meet standards described in paragraph (3)(B)--
                            ``(i) for material safety and performance; 
                        and
                            ``(ii) to improve drinking water quality.
            ``(5) Eligible end user.--The term `eligible end user' 
        means a person or entity located in a rural area (as defined in 
        section 343(a)(13)(B)) that is--
                    ``(A)(i) a homeowner;
                    ``(ii) an individual lessee or renter of a home, 
                apartment, or other dwelling;
                    ``(iii) a property owner of a multi-unit 
                residential building with 25 or fewer owned, leased, or 
                rented dwelling units;
                    ``(iv) a licensed child-care facility; or
                    ``(v) an owned, leased, or rented facility; and
                    ``(B) supported by a finding of need through--
                            ``(i) a qualified water quality test 
                        demonstrating the presence of 1 or more health 
                        contaminants; or
                            ``(ii) other documentation determined to be 
                        satisfactory by the Secretary demonstrating the 
                        presence of 1 or more health contaminants.
            ``(6) Eligible grant recipient.--The term `eligible grant 
        recipient' means--
                    ``(A) an eligible end user; and
                    ``(B) a nonprofit organization that uses a grant 
                provided under this section for the purposes described 
                in subsection (c)(2).
            ``(7) Health contaminant.--The term `health contaminant' 
        means--
                    ``(A) a health contaminant found in drinking water, 
                including lead, arsenic, nitrate, nitrite, 
                perfluoroalkyl and polyfluoroalkyl substances, 
                hexavalent chromium (chrome-6), and volatile organic 
                compounds; and
                    ``(B) any other contaminant--
                            ``(i) that can be reduced by an eligible 
                        drinking water quality improvement product or a 
                        certified filter component in accordance with 
                        the standards described in paragraph (3)(B); 
                        and
                            ``(ii)(I) with respect to which the 
                        Administrator of the Environmental Protection 
                        Agency has established--
                                    ``(aa) a primary drinking water 
                                regulation (as defined in section 1401 
                                of the Safe Drinking Water Act (42 
                                U.S.C. 300f);
                                    ``(bb) a maximum contaminant level 
                                goal established in accordance with 
                                section 1412(b) of that Act (42 U.S.C. 
                                300g-1(b)); or
                                    ``(cc) a health advisory issued 
                                pursuant to section 1412(b)(1)(F) of 
                                that Act (42 U.S.C. 300g-1(b)(1)(F)); 
                                or
                            ``(II) that is regulated by a State agency.
            ``(8) Improve drinking water quality.--The term `improve 
        drinking water quality' means to improve the quality of the 
        water supplied between its source and human consumption by 
        reducing or removing 1 or more health contaminants.
            ``(9) Qualified third-party installer.--The term `qualified 
        third-party installer' means a person who--
                    ``(A) is--
                            ``(i) a professionally qualified, 
                        certified, or licensed water treatment product 
                        installation professional, including such a 
                        professional credentialed through a 
                        manufacturer or third party;
                            ``(ii) a licensed plumber or individual who 
                        holds a license or certification related to 
                        water treatment technologies issued by a State 
                        or local government; or
                            ``(iii) a company or plumbing contractor 
                        employing individuals described in clause (i) 
                        or (ii); and
                    ``(B) regularly completes, or requires applicable 
                employees to complete, continuing education on water 
                treatment technology and other subjects that enhance 
                the services provided under this section.
            ``(10) Qualified water quality test.--The term `qualified 
        water quality test' means a baseline analysis of the bacterial 
        and chemical characteristics of concern from a drinking water 
        sample collected at the point of consumption and tested by a 
        laboratory certified to conduct water quality testing--
                    ``(A) that is provided to--
                            ``(i) the Secretary; and
                            ``(ii) as applicable--
                                    ``(I) a person seeking a grant 
                                under this section;
                                    ``(II) an eligible end user 
                                receiving a grant under this section; 
                                or
                                    ``(III) an eligible grant recipient 
                                receiving a grant under this section 
                                and any eligible end users served by 
                                the eligible grant recipient; and
                    ``(B) that includes information that provides--
                            ``(i) guidance on test interpretation, 
                        including whether the bacteria or chemical 
                        characteristic of concern meets or exceeds a 
                        prescribed health-based contaminant level; and
                            ``(ii) sources and citations that eligible 
                        grant recipients, independent third-party 
                        organizations and institutions, and government 
                        agencies may review and consult--
                                    ``(I) to determine available 
                                eligible drinking water quality 
                                improvement products for addressing 
                                detected contaminants; and
                                    ``(II) to evaluate efficacy across 
                                eligible drinking water quality 
                                improvement products.
            ``(11) Third-party certifier.--The term `third-party 
        certifier' means an independent certification body accredited 
        to ISO Standard 17065, `Conformity assessment -- Requirements 
        for bodies certifying products, processes and services', by an 
        entity domiciled in the United States that is a signatory to 
        the International Accreditation Forum Multilateral Recognition 
        Arrangement, such as the Water Quality Association, NSF 
        International, the International Association of Plumbing and 
        Mechanical Officials, and the International Code Council 
        Evaluation Service.
    ``(b) Establishment of Program.--Not later than 120 days after the 
date of enactment of this section, the Secretary shall promulgate 
regulations to establish, and shall carry out, a clean drinking water 
program, to be known as the `Healthy Drinking Water Affordability 
Assistance Program' or the `Healthy H2O Program', to provide grants to 
eligible grant recipients to improve drinking water quality of eligible 
end users.
    ``(c) Eligible Uses of Grants.--
            ``(1) In general.--A grant under this section shall be 
        used, as directed by the Secretary, for--
                    ``(A) the purchase of an eligible drinking water 
                quality improvement product or a replacement certified 
                filter component;
                    ``(B) the approved installation by a qualified 
                third-party installer of an eligible drinking water 
                quality improvement product;
                    ``(C) the purchase and approved installation by a 
                qualified third-party installer of a replacement 
                certified filter component;
                    ``(D) the approved maintenance of an eligible 
                drinking water quality improvement product; or
                    ``(E) qualified water quality tests to support 
                products and services described in subparagraphs (A) 
                through (D).
            ``(2) Nonprofit organizations.--A nonprofit organization 
        that receives a grant under this section shall use the grant, 
        in a manner consistent with the uses described in paragraph (1) 
        and as directed by the Secretary--
                    ``(A) to offer qualified water quality tests for 
                eligible end users on a voluntary basis;
                    ``(B) to facilitate the analysis of qualified water 
                quality test results for eligible end users;
                    ``(C) to assist an eligible end user in determining 
                the response options available and supporting the 
                selection by the eligible end user of a response that 
                best fits the needs of the eligible end user, informed 
                by--
                            ``(i) a qualified water quality test; and
                            ``(ii) an understanding of the relevant 
                        plumbing systems and environmental factors that 
                        will impact point-of-use or point-of-entry 
                        water safety; and
                    ``(D) to coordinate or facilitate the approved 
                installation by a qualified third-party installer of 
                the eligible drinking water quality improvement product 
                selected by an eligible end user.
    ``(d) Grant Limitations.--
            ``(1) Amount.--The amount of a grant under this section 
        shall not exceed the reasonable costs, as determined by the 
        Secretary, of the purposes described in subsection (c) for 
        which the grant is provided.
            ``(2) Income.--No grant provided under this section shall 
        be used to assist an eligible end user who is a member of a 
        household the members of which have a combined income, or an 
        eligible end user with business income, for the most recent 12-
        month period for which the information is available, that is 
        more than 150 percent of the median nonmetropolitan household 
        income for the State or territory in which the eligible end 
        user resides, according to the most recent decennial census of 
        the United States.
    ``(e) Grant Administrator.--The Secretary shall appoint an officer 
or employee of the Department of Agriculture to administer and manage 
grants provided under this section.
    ``(f) Grant Allocation.--In providing grants under this section to 
eligible grant recipients, the Secretary shall allocate funds and make 
grants available in a manner that--
            ``(1) responds to a range of water quality challenges;
            ``(2) prioritizes funding to eligible end-users the sources 
        of drinking water of which are private wells;
            ``(3) improves local and regional capacity to respond to 
        contamination; and
            ``(4) ensures reasonable access to funds for--
                    ``(A) eligible end users seeking a grant under this 
                section; and
                    ``(B) nonprofit organizations seeking a grant under 
                this section.
    ``(g) Reports.--Not later than 1 year after the date of enactment 
of this section, and not less frequently than annually thereafter, the 
Secretary shall submit to Congress, and make publicly available, a 
report--
            ``(1) identifying ongoing barriers to universal safe 
        drinking water prior to and after filtration or other 
        treatment;
            ``(2) analyzing conditions impacting eligible grant 
        recipients, including--
                    ``(A) sources of contamination or degradation of 
                water resources, especially groundwater resources or 
                upstream resources that recharge stores of drinking 
                water;
                    ``(B) trends in bioaccumulation and attenuation of 
                contaminants and nutrients; and
                    ``(C) impacts of infrastructure materials, crop and 
                land management practices, waste management, and other 
                factors that impact drinking water quantity and 
                quality;
            ``(3) providing a comprehensive analysis of--
                    ``(A) technologies available to and purchased by 
                eligible grant recipients; and
                    ``(B) the emerging safe drinking water needs of 
                rural and other homeowners, renters, residential multi-
                unit property owners, licensed child-care facilities, 
                and other groups, as determined by the Secretary;
            ``(4) that includes information describing--
                    ``(A) the types of treatment systems and filter 
                components used under the program established under 
                this section;
                    ``(B) the number of qualified water quality tests 
                conducted under the program established under this 
                section;
                    ``(C) emerging and changing trends relating to 
                steps taken to ensure safe drinking water in 
                communities and households; and
                    ``(D) trends relating to the availability and use 
                of eligible drinking water quality improvement 
                products, including--
                            ``(i) affordability at purchase and through 
                        the lifecycle of the products;
                            ``(ii) consistency of operation as intended 
                        by the manufacturer and installer, including 
                        effectiveness across systems and technologies 
                        at achieving stated health protections; and
                            ``(iii) lifecycle product performance, 
                        energy use, and environmental impact;
            ``(5) providing recommendations regarding the best methods 
        to increase access to--
                    ``(A) grants under this section; and
                    ``(B) the products and services described in 
                subsection (c);
            ``(6) that incorporates input from relevant--
                    ``(A) nongovernmental organizations; and
                    ``(B) certification institutions that oversee the 
                criteria for products and training of installation and 
                maintenance professionals; and
            ``(7) the purposes of which are--
                    ``(A) to improve data on health contaminants in 
                drinking water;
                    ``(B) to provide educational resources on water 
                testing and water quality improvement products and 
                services to eligible grant recipients with drinking 
                water contamination issues;
                    ``(C) to collect information that improves 
                understanding of water testing and water quality 
                improvement products and services, including their 
                associated health and economic benefits; and
                    ``(D) to increase public awareness of water quality 
                issues and treatment options.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
each of fiscal years 2024 through 2028.''.
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