,,ii #aafth ,,congress #ast ,session ,s4 #beif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ae1 #bjai,ms4 ,duckworth 7for herself1 ,mr4 ,braun1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,safe ,drinking ,water ,act to authorize certain community water systems to enter into partnerships to improve the water systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,voluntary ,water ,partnership for ,distressed ,communities ,act of #bjai4 #b4 ,findings ,congress finds that-- 7#a7 clean1 affordable1 and accessible drinking water is the backbone of every community2 7#b7 community water systems that are distressed1 which are often located in low-income communities and communities of color1 jeopardize the health and economic growth of the community2 and 7#c7 a partnership that is voluntary and not mandatory has the capacity to help a community water system that is distressed to deliver quality and affordable water services by providing those community water systems technical1 operational1 and financial support4 #c4 ,voluntary water partnerships 7a7 ,in general ,section #adbj of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#i7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#d7 ,notice1 assessment1 and enforcement 7,a7 ,notice ,not later than #a year after the date of enactment of this paragraph1 each ,state that has primary enforcement responsibility under section #adac 7or the ,administrator1 in the case of a ,state that does not have primary enforcement responsibility7 shall provide written notice to each community water system listed under paragraph 7#a7 in the ,state that has not returned to compliance that the community water system is so listed4 7,b7 ,intent to enter partnership ,not later than #ahj days after the date on which a community water system receives a notice under subparagraph 7,a71 the community water system may submit to the ,state or the ,administrator1 as applicable1 a letter of intent to enter into a partnership 7as defined in subsection 7d77#c77;,a774 7,c7 ,enforcement 7i7 ,no enforcement action 7,i7 ,in general ,except as provided in clause 7ii71 no person 7including the ,administrator or a ,state7 may1 during the time period described in subclause 7,,ii71 take or pursue any civil or administrative enforcement action under this title 7including any civil action under section #addi7 against a community water system that receives a notice under subparagraph 7,a7 so long as the community water system is actively and in good faith working to enter into a partnership 7as defined in subsection 7d77#c77;,a77 7as determined by the ,state or the ,administrator1 as applicable74 7,,ii7 ,period described ,the period referred to in subclause 7,i7 is the period that-- 7aa7 begins on the date on which the community water system submits a letter of intent under subparagraph 7,b72 and 7bb7 ends on the date that is #ahj days after the date on which the community water system submits the letter of intent described in item 7aa74 7ii7 ,exceptions ,during the time period described in clause 7i77,,ii7-- 7,i7 the ,state or the ,administrator1 as applicable1 may take or pursue an action against a community water system that receives a notice under subparagraph 7,a7 to address an imminent and substantial public health risk2 7,,ii7 any person may take or pursue an action against a community water system that receives a notice under subparagraph 7,a7 with respect to any requirement relating to monitoring or public notification under this title2 and 7,,iii7 the ,administrator may take or pursue an action under section #adca against a community water system that receives a notice under subparagraph 7,a74 2 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#g7 through 7#i71 respectively2 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,partnerships 7,a7 ,definition of partnership ,in this paragraph and paragraphs 7#d7 through 7#g71 the term partnership means1 as applicable-- 7i7 a community water system resulting from a joint enterprise between1 or the combined operations of-- 7,i7 one or more community water systems that receives a notice under subsection 7b77#d77;,a72 and 7,,ii7 one or more community water systems that has not received a notice under subsection 7b77#d77;,a72 7ii7 a community water system that1 after receiving a notice under subsection 7b77#d77;,a71 enters into a contractual agreement with another entity to oversee the financial1 technical1 or operational management of the system2 7iii7 a community water system resulting from a joint enterprise between1 or the combined operations of1 one or more community water systems that receives a notice under subsection 7b77#d77;,a72 or 7iv7 a contractual agreement unifying one or more community water systems that receives a notice under subsection 7b77#d77;,a7 with one or more community water systems that has not received a notice under subsection 7b77#d77;,a74 7,b7 ,authorization ,a community water system that receives a notice under subsection 7b77#d77;,a7 may enter into a partnership4 7,c7 ,requirement ,a partnership that includes a community water system with jurisdiction over a site on the ,national ,priorities ,list developed by the ,president in accordance with section #aje7;a77#h77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje7;a77#h77;,b77 shall include in the partnership agreement a plan developed by the community water system that describes how the community water system will-- 7i7 meet the requirements of the partnership agreement2 and 7ii7 with respect to the site1 continue to meet the requirements under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,d7 ,deadline for compliance ,a partnership shall be required to correct any significant noncompliance that resulted in a notice under subsection 7b77#d77;,a7 to one of the entities in the partnership and to comply with this title-- 7i7 in any case in which the ,state agency with primary enforcement responsibility under section #adac1 or the ,administrator1 if the ,state does not have primary enforcement responsibility1 approves a plan submitted by the partnership to bring the partnership into compliance with this title1 as soon as practicable1 but not later than the later of-- 7,i7 the date that is #c years after the date on which the partnership is formed2 and 7,,ii7 the date determined by the ,state or the ,administrator1 as applicable1 to complete necessary capital construction projects to bring the partnership into compliance2 or 7ii7 in any case in which the ,state agency with primary enforcement responsibility under section #adac1 or the ,administrator1 if the ,state does not have primary enforcement responsibility1 approves an enforceable agreement to bring the partnership into compliance with this title1 by the date specified in the agreement4 7,e7 ,state revolving loan funds ,the ,administrator may not withhold funds from a ,state under section #adeb or otherwise reduce any ,state allotment or set-aside under that section based on the action or inaction of a ,state with respect to partnerships entered into pursuant to this paragraph after the date of enactment of the ,voluntary ,water ,partnership for ,distressed ,communities ,act of #bjai4 7#d7 ,partnership incentives ,the ,administrator shall-- 7,a7 establish incentives for a community water system that is distressed to enter into a partnership1 including allowing a ,state to provide assistance under section #addb or section #adeb1 to a community water system that received a notice under subsection 7b77#d77;,a7-- 7i7 to assess partnership options2 and 7ii7 to engage in peer-to-peer assistance2 and 7,b7 pay for and provide other technical assistance as necessary for the partnerships to achieve compliance with this title4 7#e7 ,safe harbor 7,a7 ,in general ,except as provided in subparagraph 7,b71 a partnership shall not be liable for any civil penalty or fine1 or administrative penalty or fine1 under this title for a violation of an applicable requirement 7as defined in section #adad7;i77 7including for any liability pursuant to a civil action under section #addi7 if-- 7i7 the violation was committed by the community water system that received a notice under subsection 7b77#d77;,a72 7ii7 the violation occurred on a date before the community water system described in clause 7i7 entered into the partnership or after the community water system entered into the partnership but before the applicable deadline for compliance1 as determined under paragraph 7#c77;,c72 and 7iii7 prior to entering into the partnership1 a community water system or entity that did not receive a notice under subsection 7b77#d77;,a7 discloses1 in a form and manner prescribed by the ,administrator1 the violation to the head of the ,state agency with primary enforcement responsibility under section #adac1 or the ,administrator1 if the ,state does not have such primary enforcement responsibility4 7,b7 ,failure to comply ,subparagraph 7,a7 shall not apply with respect to a partnership after the applicable deadline under paragraph 7#c77;,c7 if the partnership fails-- 7i7 to correct any significant noncompliance that resulted in a notice under subsection 7b77#d77;,a72 and 7ii7 to comply with this title by the applicable deadline4 7#f7 ,reciprocity ,the ,administrator1 in collaboration with the heads of ,state agencies with primary enforcement responsibility under section #adac1 may provide incentives for ,states to provide greater flexibility in certification1 licensing1 or other requirements1 to facilitate the provision of services to community water systems by professionals from other jurisdictions1 with a focus on rural and disadvantaged communities4 7#g7 ,voluntary partnership decision ,the decision to undertake a partnership by a community water system receiving notice under subsection 7b77#d77;,a7-- 7,a7 is voluntary on the part of the community water system2 and 7,b7 shall not require any particular type of partnership agreement4 2 and 7,c7 by adding at the end the following3 7#aj7 ,effect ,nothing in this title shall be construed to prevent the ,united ,states from bringing an action under section #ajja of title #ah of the ,united ,states ,code1 or to prevent any ,state with primary enforcement responsibility from bringing an action under any substantially equivalent ,state law4 2 and 7#c7 in subsection 7g77#b7-- 7,a7 in the second sentence-- 7i7 by inserting established under subparagraph 7,a7 after the clearinghouse2 and 7ii7 by striking ,the ,administrator and inserting the following3 7,b7 ,no duplication ,the ,administrator 2 7,b7 in the first sentence1 by striking ,the ,administrator and inserting the following3 7,a7 ,in general ,the ,administrator 2 and 7,c7 by adding at the end the following3 7,c7 ,best practices database 7i7 ,in general ,the ,administrator1 in coordination with the ,states1 shall include in the clearinghouse established under subparagraph 7,a7 a best practices database to share examples of practices involving the operational1 technical1 and financial capacity of community water systems in accordance with this title4 7ii7 ,grants ,the ,administrator may award grants to appropriate1 qualified1 and experienced nonprofit organizations to maintain the database under clause 7i74 4 7b7 ,use of ,state revolving loan funds ,section #adeb7;a77#c77;,b77ii7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#c77;,b77ii77 is amended by inserting enter into a partnership 7as defined in section #adbj7;d77#c77;,a77 or after the owner or operator of the system agrees to4