,,ii #aaith ,,congress #ast ,session ,s4 #agcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjbe ,mr4 ,sanders 7for himself1 ,mr4 ,blumenthal1 ,ms4 ,warren1 ,mr4 ,wyden1 ,mr4 ,merkley1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide adequate funding for water and sewer infrastructure1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,affordability1 ,transparency1 ,equity1 and ,reliability ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,administrator4 ,sec4 #c4 ,water affordability1 transparency1 equity1 and reliability4 ,sec4 #d4 ,report on affordability1 discrimination and civil rights violations1 public participation in regionalization1 and data collection4 ,sec4 #e4 ,use of ,state revolving funds under the ,federal ,water ,pollution ,control ,act4 ,sec4 #f4 ,use of ,state revolving loan funds under the ,safe ,drinking ,water ,act4 ,sec4 #g4 ,drinking water grant programs4 ,sec4 #h4 ,labor provisions4 ,sec4 #i4 ,drinking water assistance to colonias4 #b4 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 #c4 ,water affordability1 transparency1 equity1 and reliability 7a7 ,clean water programs 7#a7 ,in general ,at the beginning of each fiscal year1 the ,administrator shall obligate1 for the fiscal year-- 7,a7 not more than #age1jjj1jjj for making grants under section #ajd7;b77#h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7;b77#h772 7,b7 not more than #ebe1jjj1jjj for making grants under section #ajf of that ,act 7#cc ,u4,s4,c4 #abef72 7,c7 not more than #hge1jjj1jjj for making grants under section #bbf of that ,act 7#cc ,u4,s4,c4 #acjb;d72 7,d7 not more than #hge1jjj1jjj for making grants under section #cai of that ,act 7#cc ,u4,s4,c4 #acbi72 and 7,e7 not more than #ad1ghg1jjj1jjj for making capitalization grants under section #fja of that ,act 7#cc ,u4,s4,c4 #acha74 7#b7 ,funding ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to carry out this subsection #ag1bcg1jjj1jjj1 to remain available until expended4 7#c7 ,availability of funds ,amounts transferred to the ,administrator under paragraph 7#b7 and obligated by the ,administrator under paragraph 7#a7 shall remain available to the ,administrator1 without further appropriation or fiscal year limitation1 for the purposes for which the amounts were obligated4 7b7 ,safe drinking water funding 7#a7 ,in general ,at the beginning of each fiscal year1 the ,administrator shall obligate1 for the fiscal year-- 7,a7 not more than #age1jjj1jjj for providing technical assistance under section #addb7;e7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7;e772 7,b7 not more than #ad1ghg1jjj1jjj for making capitalization grants under section #adeb of that ,act 7#db ,u4,s4,c4 #cjj;j-#ab72 7,c7 not more than #age1jjj1jjj for making grants under section #adef of that ,act 7#db ,u4,s4,c4 #cjj;j-#af7 and for making grants under section #cjg of the ,safe ,drinking ,water ,act ,amendments of #aiif 7#cc ,u4,s4,c4 #abha note2 ,public ,law #ajd-ahb72 and 7,d7 not more than #a1jej1jjj1jjj for making grants under section #adfe of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#be74 7#b7 ,funding ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to carry out this subsection #af1ahg1jjj1jjj1 to remain available until expended4 7#c7 ,availability of funds ,amounts transferred to the ,administrator under paragraph 7#b7 and obligated by the ,administrator under paragraph 7#a7 shall remain available to the ,administrator1 without further appropriation or fiscal year limitation1 for the purposes for which the amounts were obligated4 7c7 ,rural water services 7#a7 ,in general ,at the beginning of each fiscal year1 the ,secretary of ,agriculture 7referred to in this subsection as the ,secretary7 shall obligate1 for the fiscal year-- 7,a7 not more than #age1jjj1jjj for making grants under section #cjf;,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7 to entities described in subsection 7c7 of that section2 and 7,b7 not more than #cej1jjj1jjj for making grants under section #cjf;,e of that ,act 7#g ,u4,s4,c4 #aibf;e74 7#b7 ,funding ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this subsection #ebe1jjj1jjj1 to remain available until expended4 7#c7 ,availability of funds ,amounts transferred to the ,secretary under paragraph 7#b7 and obligated by the ,secretary under paragraph 7#a7 shall remain available to the ,secretary1 without further appropriation or fiscal year limitation1 for the purposes for which the amounts were obligated4 7d7 ,indian ,health ,service 7#a7 ,in general ,at the beginning of each fiscal year1 the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service 7referred to in this subsection as the ,secretary71 shall obligate1 for the fiscal year1 not more than #a1jej1jjj1jjj for making grants for the planning1 design1 construction1 modernization1 improvement1 and renovation of water1 sewer1 and solid waste sanitation facilities that are funded1 in whole or in part1 by the ,indian ,health ,service-- 7,a7 through1 or provided for in1 a contract or compact with the ,indian ,health ,service under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq472 7,b7 pursuant to section #g of the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd1 chapter #feh2 #db ,u4,s4,c4 #bjjd;a72 or 7,c7 pursuant to section #cjb of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afcb74 7#b7 ,funding ,on ,october #a of each fiscal year1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this subsection #a1jej1jjj1jjj1 to remain available until expended4 7#c7 ,availability of funds ,amounts transferred to the ,secretary under paragraph 7#b7 and obligated by the ,secretary under paragraph 7#a7 shall remain available to the ,secretary1 without further appropriation or fiscal year limitation1 for the purposes for which the amounts were obligated4 7e7 ,conforming amendment ,section #cjf;,c7e77#a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7e77#a77 is amended by inserting through fiscal year #bjbe after each fiscal year each place it appears4 #d4 ,report on affordability1 discrimination and civil rights violations1 public participation in regionalization1 and data collection 7a7 ,study 7#a7 ,in general ,the ,administrator shall conduct a study on water and sewer services in accordance with this subsection4 7#b7 ,affordability ,in conducting the study under paragraph 7#a71 the ,administrator shall study water affordability across the ,united ,states1 including-- 7,a7 rates for water and sewer services1 increases in those rates during the #aj-year period preceding the study1 and water service disconnections due to unpaid water service charges2 and 7,b7 the effectiveness of funding under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 and under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 for promoting affordable1 equitable1 transparent1 and reliable water and sewer service4 7#c7 ,discrimination and civil rights ,in conducting the study under paragraph 7#a71 the ,administrator1 in collaboration with the ,civil ,rights ,division of the ,department of ,justice1 shall study-- 7,a7 discriminatory practices of water and sewer service providers2 7,b7 discriminatory practices of ,state program administrators in allocating funding2 and 7,c7 violations by those service providers and program administrators that receive ,federal assistance of civil rights under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 with respect to equal access to water and sewer services4 7#d7 ,public participation in regionalization ,in conducting the study under paragraph 7#a71 the ,administrator shall evaluate efforts to regionalize public water systems 7as defined in section #adja of the ,safe ,water ,drinking ,act 7#db ,u4,s4,c4 #cjj;f77 and sewer services with respect to public participation in-- 7,a7 the decision to undergo that regionalization2 and 7,b7 decisionmaking by the board of directors 7or other governing body7 of the entity that provides1 or oversees or coordinates the provision of1 water by the public water systems subject to such regionalization4 7#e7 ,data collection ,in conducting the study under paragraph 7#a71 the ,administrator shall collect information1 assess the availability of information1 and evaluate the methodologies used to collect information with respect to-- 7,a7 people living without water or sewer services2 7,b7 water service disconnections due to unpaid water service charges1 including disconnections experienced by households containing children1 elderly persons1 disabled persons1 chronically ill persons1 or other vulnerable populations2 7,c7 tax liens and foreclosures due to unpaid water service charges2 and 7,d7 disparate effects1 on the basis of race1 gender1 or socioeconomic status1 of water service disconnections1 tax liens and foreclosures due to unpaid water service charges1 and the lack of public water service4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report that contains-- 7#a7 the results of the study conducted under subsection 7a77#a72 and 7#b7 recommendations for utility companies1 ,federal agencies1 and ,states relating to those results4 #e4 ,use of ,state revolving funds under the ,federal ,water ,pollution ,control ,act 7a7 ,specific requirements ,section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking which will be made to the ,state with funds to be made available and inserting that were made to the ,state with funds made available for fiscal year #bjba2 7#b7 in paragraph 7#ac77;,b77iii71 by striking and at the end2 7#c7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#ae7 the ,state will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities1 lots1 or subdivisions1 other than a project to construct an advanced decentralized wastewater system2 and 4 7b7 ,projects and activities eligible for assistance ,section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c77 is amended-- 7#a7 in paragraph 7#aa77;,b71 by striking and at the end2 7#b7 in paragraph 7#ab77;,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ac7 to any municipality or intermunicipal1 interstate1 or ,state agency for-- 7,a7 purchasing from a willing or unwilling seller a privately owned treatment works2 and 7,b7 expenses related to canceling a contract for the operation or management of a publicly owned treatment works4 4 7c7 ,increasing the amount of additional subsidization by the ,state ,section #fjc7;i77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;i77#c77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,requirement ,to the extent that there are sufficient applications1 a ,state shall use not less than #ej percent of the total amount received by the ,state in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection4 4 #f4 ,use of ,state revolving loan funds under the ,safe ,drinking ,water ,act ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting publicly owned1 operated1 and managed before community water systems2 and 7ii7 by striking subparagraph 7,e7 and inserting the following3 7,e7 ,acquisition of privately owned community water systems ,the funds under this section may be used-- 7i7 to purchase from a willing or unwilling seller a privately owned community water system2 and 7ii7 for expenses related to canceling a contract for the operation or management of a community water system4 2 and 7,b7 by adding at the end the following3 7#f7 ,exception to public ownership1 operation1 and management requirement ,notwithstanding paragraph 7#b77;,a71 public water systems that regularly serve fewer than #aj1jjj persons and which are not owned1 operated1 or managed by any person who owns1 operates1 or manages any other public water system may receive assistance under this section4 2 7#b7 in subsection 7d71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,requirement ,to the extent that there are sufficient applications for loans to communities described in paragraph 7#a71 of the amount of the capitalization grant received by a ,state in a fiscal year1 the total amount of loan subsidies made by the ,state in the fiscal year pursuant to paragraph 7#a7 may not be less than #ej percent4 2 7#c7 in subsection 7e71 by striking to be made to the ,state and inserting that was made to the ,state in fiscal year #bjba2 7#d7 in subsection 7g77#c7-- 7,a7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7,b7 in the undesignated matter following clause 7iii7 7as so redesignated71 by striking ,the guidance and regulations shall also and inserting the following3 7,b7 ,generally accepted accounting standards ,the guidance and regulations required under subparagraph 7,a7 shall 2 7,c7 in the matter preceding clause 7i7 7as so redesignated71 by striking ,the ,administrator and inserting the following3 7,a7 ,in general ,the ,administrator 2 and 7,d7 in subparagraph 7,a7 7as so designated7-- 7i7 in clause 7ii7 7as so redesignated71 by striking and at the end2 7ii7 in clause 7iii7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7iii7 by inserting after clause 7iii7 the following3 7iv7 guidance to ensure affordable1 equitable1 transparent and reliable water service provision1 to provide protections for households facing service disconnection due to unpaid water service charges1 and to promote universal equal access to water services4 2 and 7#e7 in subsection 7k77#a71 by adding at the end the following3 7,e7 ,provide assistance in the form of a grant to publicly owned1 operated1 and managed community water systems for the purpose of replacing lead service lines 7as defined in section #adei;,b7a77 on private or public property with copper service lines that are lead free 7as defined in section #adag7;d77#a77 at no cost to the owner of the property4 7,f7 ,provide assistance to a publicly owned1 operated1 and managed community water system for the purpose of updating treatment plants or switching water sources due to contamination from a perfluoroalkyl or polyfluoroalkyl substance that contains at least #a fully fluorinated carbon atom4 7,g7 ,provide assistance in the form of a grant to owners of a household water well that has been contaminated by a perfluoroalkyl or polyfluoroalkyl substance that contains at least #a fully fluorinated carbon atom for the purpose of purchasing and installing a household filtration system4 4 #g4 ,drinking water grant programs 7a7 ,school drinking water improvement ,section #adfe of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#be7 is amended-- 7#a7 in the section heading1 by striking fountain and inserting infrastructure2 7#b7 in subsection 7a71 by striking fountains manufactured prior to #aihh and inserting infrastructure2 and 7#c7 by striking subsection 7b7 and inserting the following3 7b7 ,use of funds ,funds awarded under the grant program may be used to pay costs associated with-- 7#a7 installing1 repairing1 or replacing the infrastructure necessary to ensure that drinking water fountains1 drinking water coolers1 and bottle filling stations at schools are lead free 7as defined in section #adag7;d77#a772 and 7#b7 monitoring and reporting of lead levels in the drinking water of schools1 as determined appropriate by the ,administrator4 4 7b7 ,tribal drinking water ,section #adeb7;i77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;i77#a77 is amended1 in the first sentence-- 7#a7 by striking #a #a_/b and inserting #c2 and 7#b7 by striking may and inserting shall4 #h4 ,labor provisions 7a7 ,prevailing rate of wage ,nothing in this ,act or an amendment made by this ,act shall affect the applicability of the requirements relating to labor standards of sections #eac and #fjb7;b77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgb1 #achb7;b77#f77 and section #adej7;e7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#i7;e77 to projects carried out under those ,acts4 7b7 ,project labor agreements 7#a7 ,clean water revolving funds ,section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77 7as amended by section #e7;a771 is amended by adding at the end the following3 7#af7 the ,state will-- 7,a7 permit recipients of assistance under this title to enter into agreements authorized under section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f77 7commonly known as project labor agreements7 with respect to projects for building or construction carried out with that assistance2 and 7,b7 ensure that1 to the maximum extent practicable1 recipients of assistance under this title carry out those projects through the use of those agreements4 4 7#b7 ,drinking water revolving funds ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended-- 7,a7 in subsection 7a7 7as amended by section #f7a77;,b771 by adding at the end the following3 7#g7 ,project labor agreements ,each agreement under this subsection shall require that the ,state permit recipients of assistance under this section to enter into agreements authorized under section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f77 7commonly known as project labor agreements7 with respect to projects for building or construction carried out with that assistance4 2 and 7,b7 in subsection 7b77#c77;,a7-- 7i7 in clause 7ii71 by striking and at the end2 7ii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 with respect to projects for building or construction1 will be carried out through the use of agreements authorized under section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f77 7commonly known as project labor agreements74 4 #i4 ,drinking water assistance to colonias ,section #adef of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#af7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,covered entity ,the term covered entity means each of the following3 7,a7 ,a border ,state4 7,b7 ,a local government with jurisdiction over an eligible community4 2 7#b7 in subsection 7b7-- 7,a7 by striking of the ,environmental ,protection ,agency2 and 7,b7 by striking border ,state and inserting covered entity2 7#c7 by striking subsection 7d72 and 7#d7 by redesignating subsection 7e7 as subsection 7d74