42 U.S.C. § 300j–19b — Reducing lead in drinking water

submitted 82 years ago by Pub. L. 114-322 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,387 words · no verdicts yet

in plain englishAI-generated · not legal advice

The EPA must run a grant program to reduce lead in drinking water. Water systems, tribes, nonprofits, and governments can get grants to replace lead service lines. Priority goes to disadvantaged communities, and a separate pilot program funds lead-line inventories.

(a) Definitions. An "eligible entity" is a community water system, a water system on tribal land, a nontransient noncommunity water system (a system that's not a community system but regularly serves at least 25 of the same people more than 6 months a year), a qualified nonprofit with lead-reduction experience, or a municipality or state (or interstate/intermunicipal) agency. A "lead reduction project" is a project mainly aimed at cutting lead in drinking water by replacing lead service lines, by testing, planning, or other work to find and fix things (like corrosion) that raise lead levels, or by helping eligible entities replace lead lines — prioritizing disadvantaged communities, low-income homeowners, and landlords housing low-income renters. It does not include replacing only part of a lead service line if a lead pipe — publicly or privately owned — still remains at the end. "Low-income" means whatever the state's governor defines it as, based on the state's own affordability criteria. A "lead service line" is a non-lead-free pipe and its fittings connecting the water main to a building. "Lead free" has the meaning given in section 300g–6(d). (b) Grant program. The EPA must run a grant program funding lead reduction projects. To get help, an entity must first identify where the lead is coming from in its system and how its proposed project would meaningfully cut lead levels in drinking water. Priority goes to entities that are disadvantaged communities and that either plan to fix a system that has exceeded the EPA's lead action level within the past 3 years, or plan to address lead in a school, daycare, or facility mainly serving children or other vulnerable groups (as described in section 300j–18(a)(1)). Normally the recipient must pay at least 20 percent of the project's cost, but the EPA can lower or drop that share for affordability reasons. Grant money used to replace lead lines must first go to disadvantaged communities, low-income homeowners, and landlords of low-income renters — though a grant to a low-income homeowner can't exceed the standard cost of replacing the private portion of the line. When replacing lines, the entity must: tell customers about the replacement; offer to replace a non-low-income homeowner's private portion at that owner's cost, if the homeowner agrees; offer to replace a low-income homeowner's private portion for free (and may do the same for others); tell customers that a publicly funded replacement of the public portion won't happen unless they agree to replace the private portion at the same time; show it has considered other ways to cut lead, like corrosion control; and tell the state about planned replacements and coordinate with other infrastructure work where practical. (c) Limitation on use of funds. No more than 4 percent of this section's grant money can go to the EPA's own administrative costs. (d) Lead inventorying utilization grant pilot program. Here, an "eligible entity" is a municipality served by a community or nontransient noncommunity water system where at least 30 percent of service lines are known or suspected to contain lead. The EPA must run a pilot grant program funding lead reduction projects in these systems, based on existing data or lead inventories. To apply, an entity submits an application as the EPA directs. Priority goes first to entities that meet their state's affordability criteria, then to entities in areas without a state affordability criteria. Within 2 years of the first grant awarded, the EPA must report to two congressional committees on who got grants, what lead inventory data was available to them, and how accurate and useful that data was for finding lead lines. Congress could spend $10,000,000 total on this pilot program, available until spent. (e) Authorization of appropriations. Congress could spend $100,000,000 a year on this section (except the pilot program in (d)) for fiscal years 2022 through 2026. (f) Savings clause. Nothing in this section changes whether a water system is responsible for replacing a lead service line that it controls and that sits on private property.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Eligible entity

The term “eligible entity” means—

(A)

a community water system;

(B)

a water system located in an area governed by an Indian Tribe;

(C)

a nontransient noncommunity water system;

(D)

a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and

(E)

a municipality or State, interstate, or intermunicipal agency.

(2) Lead reduction project

(A) In general

The term “lead reduction project” means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—

(i)

replacement of lead service lines;

(ii)

testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and

(iii)

providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters.

(B) Limitation

The term “lead reduction project” does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.

(3) Low-income

The term “low-income”, with respect to assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 300j–12(d)(3) of this title.

(4) Lead service line

The term “lead service line” means a pipe and its fittings, which are not lead free (as defined in section 300g–6(d) of this title), that connect the drinking water main to the building inlet.

(5) Nontransient noncommunity water system

The term “nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

(b) Grant program

(1) Establishment

The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.

(2) Precondition

As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify—

(A)

the source of lead in the public water system that is subject to human consumption; and

(B)

the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.

(3) Priority application

In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—

(A)

the Administrator determines, based on affordability criteria established by the State under section 300j–12(d)(3) of this title, to be a disadvantaged community; and

(B)

proposes to—

(i)

carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under section 300g–1 of this title at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or

(ii)

address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 300j–18(a)(1) of this title.

(4) Cost sharing

(A) In general

Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.

(B) Waiver

The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.

(5) Low-income assistance

(A) In general

Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters.

(B) Limitation

The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service lines.

(6) Special consideration for lead service line replacement

In carrying out lead service line replacement using a grant under this subsection, an eligible entity—

(A)

shall notify customers of the replacement of the lead service line;

(B)

may, in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement for that homeowner’s property;

(C)

shall, in the case of a low-income homeowner, and may, for other homeowners, offer to replace the privately owned portion of the lead service line at no cost to the homeowner;

(D)

shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line;

(E)

shall demonstrate that the eligible entity has considered feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and

(F)

shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects.

Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.

(d) Lead inventorying utilization grant pilot program

(1) Definitions

In this subsection:

(A) Eligible entity

The term “eligible entity” means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying.

(B) Pilot program

The term “pilot program” means the pilot program established under paragraph (2).

(2) Establishment

The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities.

(3) Selection

(A) Application

To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

(B) Prioritization

In selecting recipients under the pilot program, the Administrator shall give priority to—

(i)

an eligible entity that meets the affordability criteria of the applicable State established under section 300j–12(d)(3) of this title; and

(ii)

an eligible entity that is located in an area other than a State that has established affordability criteria under section 300j–12(d)(3) of this title.

(4) Report

Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—

(A)

the recipients of grants under the pilot program;

(B)

the existing lead inventorying that was available to recipients of grants under the pilot program; and

(C)

how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity.

(5) Authorization of appropriations

There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section (except for subsection (d)) $100,000,000 for each of fiscal years 2022 through 2026.

(f) Savings clause

Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—

(1)

subject to the control of the public water system; and

(2)

located on private property.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1459B, as added Pub. L. 114–322, title II, § 2105, Dec. 16, 2016, 130 Stat. 1720; amended Pub. L. 117–58, div. E, title I, § 50105, Nov. 15, 2021, 135 Stat. 1140.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 114-322 · 130 Stat. 1720
2021Amended · Pub. L. 117-58 · 135 Stat. 1140

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-322 on 1944-07-01.

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