Who sponsors HR 3387?

HR 3387 is sponsored by Harper, Gregg (Republican).

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United States 115th Congress Status: In Committee 1 R cosponsors

HR 3387 — Drinking Water System Improvement Act of 2017

Last action November 01, 2017 — Placed on the Union Calendar, Calendar No. 279.

✓
Introduced
2
In Committee
3
Passed House
4
Passed Senate
5
To Executive
6
Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Drinking Water System Improvement Act of 2017 This bill amends the Safe Drinking Water Act to provide support for public water systems and promote compliance by the systems with drinking water regulations. The bill expands requirements concerning consumer confidence reports issued by community water systems. The Environmental Protection Agency (EPA) or a state with primary enforcement authority responsibility under the Act may require the owners or operators of certain public water systems that have repeatedly violated national primary drinking water regulations to consolidate or transfer ownership. The EPA must develop a strategic plan for improving the accuracy and availability of compliance monitoring data. The bill expands risk assessment requirements for community water systems to include risks from natural hazards. The bill creates a grant program within the EPA called the Drinking Water Infrastructure Risk and Resilience Program. The bill: (1) reauthorizes through FY2022 the public water system supervision grant program and the source water petition program, and (2) reauthorizes through FY2022 and revises the drinking water state revolving fund. The bill expands requirements for public water systems to monitor unregulated containments. The EPA must establish a grant program for the replacement of drinking water fountains that contain lead in schools and day care facilities. This bill amends the Emergency Planning and Community Right-To-Know Act of 1986 to ensure that states and community water systems are notified of a release of a contaminant into their source waters.

Bill Text

What changed in the latest version

427 added · 19 removed

Plain-language change summary

The changes to HR 3387 include a shift in focus from “improved accuracy and availability of compliance monitoring” to a requirement for mandatory assessment and consolidation of public water systems. Specifically, a provision now allows states with primary enforcement responsibility to require public water system owners to evaluate options for consolidation or ownership transfer if certain conditions are met. This matters because it introduces a structured process for assessing the viability of consolidating public water systems, potentially impacting their management and operation.

3387 ~~Introduced~~Reported in House ~~(IH)]~~(RH)] <DOC> ~~115th~~Union ~~CONGRESS~~Calendar ~~1st~~No. ~~Session~~ H.

279 115th CONGRESS 1st Session H.

3387 To[Report ~~amend~~No. ~~the~~ ~~Safe~~ ~~Drinking~~ ~~Water~~ ~~Act~~ to ~~improve~~ ~~public~~ ~~water~~ ~~systems~~ ~~and~~ ~~enhance~~ ~~compliance~~ ~~with~~ ~~such~~ ~~Act,~~ ~~and~~ ~~for~~ ~~other~~ ~~purposes.~~

115-380] To amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, and for other purposes.

which was referred to the Committee on Energy and Commerce November 1, 2017 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 July 25, 2017] _______________________________________________________________________ A BILL To amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, and for other purposes.

300g- 3(c)(4)) is amended-- (1) in the heading for subparagraph (A), by striking ``Annual ~~report''~~reports'' and inserting ~~``Report'';~~``Reports'';

``(ii) Electronic delivery.--Any revision of regulations pursuant to clause (i) shall allow delivery of consumer confidence reports by methods consistent with methods described in the memorandum `Safe Drinking Water ~~Act--~~Act- Consumer Confidence Report Rule Delivery Options' issued by the Environmental Protection Agency on January 3, 2013.''.

CONSOLIDATION.

(a) Mandatory Assessment and Consolidation.--Subsection (h) of section 1414 of the Safe Drinking Water Act (42 U.S.C.

300g-3) is amended by adding at the end the following:

``(3) Authority for mandatory assessment and mandatory consolidation.-- ``(A) Mandatory assessment.--A State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system to assess options for consolidation, or transfer of ownership of the system, as described in paragraph (1), if-- ``(i) the public water system-- ``(I) has repeatedly violated one or more national primary drinking water regulations and such repeated violations are likely to adversely affect human health;

and ``(II)(aa) is unable or unwilling to take feasible and affordable actions, as identified by the State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility), that will result in the public water system complying with the national primary drinking water regulations described in subclause (I), including accessing technical assistance and financial assistance through the State loan fund pursuant to section 1452;

or ``(bb) has already undertaken actions described in item (aa) without achieving compliance;

``(ii) such consolidation or transfer is feasible;

and ``(iii) such consolidation or transfer could result in greater compliance with national primary drinking water regulations.

``(B) Mandatory consolidation.--After review of an assessment under subparagraph (A), a State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system that completed such assessment to submit a plan for consolidation, or transfer of ownership of the system, under paragraph (1), and complete the actions required under such plan if-- ``(i) the owner or operator of the public water system-- ``(I) has not taken steps to complete consolidation;

``(II) has not transferred ownership of the system;

or ``(III) was unable to achieve compliance after taking the actions described in clause (i)(II)(aa) of subparagraph (A);

``(ii) since completing such assessment, the public water system has violated one or more national primary drinking water regulations and such violations are likely to adversely affect human health;

and ``(iii) such consolidation or transfer is feasible.

``(4) Financial assistance.--Notwithstanding section 1452(a)(3), a public water system undertaking consolidation or transfer of ownership or alternative actions to achieve compliance pursuant to this subsection may receive assistance under section 1452 to carry out such consolidation, transfer, or alternative actions.

``(5) Protection of nonresponsible system.-- ``(A) Identification of liabilities.-- ``(i) In general.--An owner or operator of a public water system submitting a plan pursuant to paragraph (3) shall identify as part of such plan-- ``(I) any potential liability for damages arising from each specific violation identified in the plan of which the owner or operator is aware;

and ``(II) any funds or other assets that are available to satisfy such liability, as of the date of submission of such plan, to the public water system that committed such violation.

``(ii) Inclusion.--In carrying out clause (i), the owner or operator shall take reasonable steps to ensure that all potential liabilities for damages arising from each specific violation identified in the plan submitted pursuant to paragraph (3) are identified.

``(B) Reservation of funds.--A public water system that has completed the actions required under a plan submitted and approved pursuant to paragraph (3) shall not be liable under this title for a violation of this title identified in the plan, except to the extent to which funds or other assets are identified pursuant to subparagraph (A)(i)(II) as available to satisfy such liability.

``(6) Regulations.--Not later than 2 years after the date of enactment of the Drinking Water System Improvement Act of 2017, the Administrator shall promulgate regulations to implement paragraphs (3), (4), and (5).''.

(b) Retention of Primary Enforcement Authority.-- (1) In general.--Section 1413(a) of the Safe Drinking Water Act (42 U.S.C.

300g-2(a)) is amended-- (A) in paragraph (5), by striking ``;

and'' and inserting a semicolon;

(B) by redesignating paragraph (6) as paragraph (7);

and (C) by inserting after paragraph (5) the following new paragraph:

``(6) has adopted and is implementing procedures for requiring public water systems to assess options for, and complete, consolidation or transfer of ownership, in accordance with the regulations issued by the Administrator under section 1414(h)(6);

and''.

(2) Conforming amendment.--Section 1413(b)(1) of the Safe Drinking Water Act (42 U.S.C.

300g-2(b)(1)) is amended by striking ``of paragraphs (1), (2), (3), and (4)''.

SEC.

5.6.

``(5) Information on asset management practices.--Not later than 5 years after the date of enactment of this paragraph, and not less often than every 5 years thereafter, the Administrator shall review and, if appropriate, update educational materials, including handbooks, training materials, and technical information, made available by the Administrator to owners, managers, and operators of public water systems, local officials, technical assistance providers (including ~~non-profit~~nonprofit water associations), and State personnel concerning best practices for asset management strategies that may be used by public water systems.''.

6.7.

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COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

(a) In General.--Section 1433 of the Safe Drinking Water Act (42 U.S.C.

300i-2) is amended to read as follows:

``SEC.

1433.

COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

``(a) Risk and Resilience Assessments.-- ``(1) In general.--Each community water system serving a population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system.

Such an assessment-- ``(A) shall include an assessment of-- ``(i) the risk to the system from malevolent acts and natural hazards;

``(ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system;

``(iii) the monitoring practices of the system;

``(iv) the financial infrastructure of the system;

``(v) the use, storage, or handling of various chemicals by the system;

and ``(vi) the operation and maintenance of the system;

and ``(B) may include an evaluation of capital and operational needs for risk and resilience management for the system.

``(2) Baseline information.--The Administrator, not later than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information on malevolent acts of relevance to community water systems, which shall include consideration of acts that may-- ``(A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water;

or ``(B) otherwise present significant public health or economic concerns to the community served by the system.

``(3) Certification.-- ``(A) Certification.--Each community water system described in paragraph (1) shall submit to the Administrator a certification that the system has conducted an assessment complying with paragraph (1).

Such certification shall be made prior to-- ``(i) March 31, 2020, in the case of systems serving a population of 100,000 or more;

``(ii) December 31, 2020, in the case of systems serving a population of 50,000 or more but less than 100,000;

and ``(iii) June 30, 2021, in the case of systems serving a population greater than 3,300 but less than 50,000.

``(B) Review and revision.--Each community water system described in paragraph (1) shall review the assessment of such system conducted under such paragraph at least once every 5 years after the applicable deadline for submission of its certification under subparagraph (A) to determine whether such assessment should be revised.

Upon completion of such a review, the community water system shall submit to the Administrator a certification that the system has reviewed its assessment and, if applicable, revised such assessment.

``(4) Contents of certifications.--A certification required under paragraph (3) shall contain only-- ``(A) information that identifies the community water system submitting the certification;

``(B) the date of the certification;

and ``(C) a statement that the community water system has conducted, reviewed, or revised the assessment, as applicable.

``(5) Provision to other entities.--No community water system shall be required under State or local law to provide an assessment described in this section (or revision thereof) to any State, regional, or local governmental entity solely by reason of the requirement set forth in paragraph (3) that the system submit a certification to the Administrator.

``(b) Emergency Response Plan.--Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto).

Each community water system shall certify to the Administrator, as soon as reasonably possible after the date of enactment of the Drinking Water System Improvement Act of 2017, but not later than 6 months after completion of the assessment under subsection (a), that the system has completed such plan.

The emergency response plan shall include-- ``(1) strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;

``(2) plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;

``(3) actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers;

and ``(4) strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

``(c) Coordination.--Community water systems shall, to the extent possible, coordinate with existing local emergency planning committees established pursuant to the Emergency Planning and Community Right-To- Know Act of 1986 (42 U.S.C.

11001 et seq.) when preparing or revising an assessment or emergency response plan under this section.

``(d) Record Maintenance.--Each community water system shall maintain a copy of the assessment conducted under subsection (a) and the emergency response plan prepared under subsection (b) (including any revised assessment or plan) for 5 years after the date on which a certification of such assessment or plan is submitted to the Administrator under this section.

``(e) Guidance to Small Public Water Systems.--The Administrator shall provide guidance and technical assistance to community water systems serving a population of less than 3,300 persons on how to conduct resilience assessments, prepare emergency response plans, and address threats from malevolent acts and natural hazards that threaten to disrupt the provision of safe drinking water or significantly affect the public health or significantly affect the safety or supply of drinking water provided to communities and individuals.

``(f) Alternative Preparedness and Operational Resilience Programs.-- ``(1) Satisfaction of requirement.--A community water system that is required to comply with the requirements of subsections (a) and (b) may satisfy such requirements by-- ``(A) using and complying with technical standards that the Administrator has recognized under paragraph (2);

and ``(B) submitting to the Administrator a certification that the community water system is complying with subparagraph (A).

``(2) Authority to recognize.--Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995, the Administrator shall recognize technical standards that are developed or adopted by third-party organizations or voluntary consensus standards bodies that carry out the objectives or activities required by this section as a means of satisfying the requirements under subsection (a) or (b).

``(g) Technical Assistance and Grants.-- ``(1) In general.--The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Risk and Resilience Program, under which the Administrator may award grants in each of fiscal years 2018 through 2022 to owners or operators of community water systems for the purpose of increasing the resilience of such community water systems.

``(2) Use of funds.--As a condition on receipt of a grant under this section, an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, or implementation of a program or project consistent with an emergency response plan prepared pursuant to subsection (b), which may include-- ``(A) the purchase and installation of equipment for detection of drinking water contaminants or malevolent acts;

``(B) the purchase and installation of fencing, gating, lighting, or security cameras;

``(C) the tamper-proofing of manhole covers, fire hydrants, and valve boxes;

``(D) the purchase and installation of improved treatment technologies and equipment to improve the resilience of the system;

``(E) improvements to electronic, computer, financial, or other automated systems and remote systems;

``(F) participation in training programs, and the purchase of training manuals and guidance materials, relating to security and resilience;

``(G) improvements in the use, storage, or handling of chemicals by the community water system;

``(H) security screening of employees or contractor support services;

``(I) equipment necessary to support emergency power or water supply, including standby and mobile sources;

and ``(J) the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers.

``(3) Exclusions.--A grant under this subsection may not be used for personnel costs, or for monitoring, operation, or maintenance of facilities, equipment, or systems.

``(4) Technical assistance.--For each fiscal year, the Administrator may use not more than $5,000,000 from the funds made available to carry out this subsection to provide technical assistance to community water systems to assist in responding to and alleviating a vulnerability that would substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water (including sources of water for such systems) which the Administrator determines to present an immediate and urgent need.

``(5) Grants for small systems.--For each fiscal year, the Administrator may use not more than $10,000,000 from the funds made available to carry out this subsection to make grants to community water systems serving a population of less than 3,300 persons, or nonprofit organizations receiving assistance under section 1442(e), for activities and projects undertaken in accordance with the guidance provided to such systems under subsection (e) of this section.

``(6) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated $35,000,000 for each of fiscal years 2018 through 2022.

``(h) Definitions.--In this section-- ``(1) the term `resilience' means the ability of a community water system or an asset of a community water system to adapt to or withstand the effects of a malevolent act or natural hazard without interruption to the asset's or system's function, or if the function is interrupted, to rapidly return to a normal operating condition;

and ``(2) the term `natural hazard' means a natural event that threatens the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes.''.

(b) Sensitive Information.-- (1) Protection from disclosure.--Information submitted to the Administrator of the Environmental Protection Agency pursuant to section 1433 of the Safe Drinking Water Act, as in effect on the day before the date of enactment of the Drinking Water System Improvement Act of 2017, shall be protected from disclosure in accordance with the provisions of such section as in effect on such day.

(2) Disposal.--The Administrator, in partnership with community water systems (as defined in section 1401 of the Safe Drinking Water Act), shall develop a strategy to, in a timeframe determined appropriate by the Administrator, securely and permanently dispose of, or return to the applicable community water system, any information described in paragraph (1).

SEC.

7.9.

MONITORING FOR UNREGULATED CONTAMINANTS.

(a) In General.--Section 1445 of the Safe Drinking Water Act (42 U.S.C.

300j-4) is amended by adding at the end the following:

``(j) Monitoring by Certain Systems.-- ``(1) In general.--Notwithstanding subsection (a)(2)(A), the Administrator shall, subject to the availability of appropriations for such purpose-- ``(A) require public water systems serving between 3,300 and 10,000 persons to monitor for unregulated contaminants in accordance with this section;

and ``(B) ensure that only a representative sample of public water systems serving less than 3,300 persons are required to monitor.

``(2) Effective date.--Paragraph (1) shall take effect 3 years after the date of enactment of this subsection.

``(3) Limitation.--Paragraph (1) shall take effect unless the Administrator determines that there is not sufficient laboratory capacity to accommodate the analysis necessary to carry out monitoring required under such paragraph.

``(4) Authorization of appropriations.--There are authorized to be appropriated $15,000,000 in each fiscal year for which monitoring is required to be carried out under this subsection for the Administrator to pay the reasonable cost of such testing and laboratory analysis as are necessary to carry out monitoring required under this subsection.''.

(b) Authorization of Appropriations.--Section 1445(a)(2)(H) of the Safe Drinking Water Act (42 U.S.C.

300j-4(a)(2)(H)) is amended by striking ``1997 through 2003'' and inserting ``2018 through 2022''.

300j-4(g)(7)) is amended by-- (1) striking ``and'' at the end of subparagraph (B);

(2) redesignating subparagraph (C) as subparagraph (D);

and (3) inserting after subparagraph (B) the following:

``(C) if applicable, monitoring information collected by public water systems pursuant to subsection (j) that is not duplicative of monitoring information included in the data base under subparagraph (B) or (D);

and''.

SEC.

10.

8.11.

9.12.

``(3) allow for use of alternate drinking water supplies from ~~non-traditional~~nontraditional sources;

``(3) that are ~~point~~point-of-use of ~~use~~ devices or ~~point~~point-of-entry of ~~entry~~ devices;

and ``(5) that allow for the use of ~~non-traditional~~nontraditional sources for drinking water, including physical separation and chemical and biological transformation technologies.

~~10.~~13.

~~11.~~14.

11022(e)) is amended-- (1) in paragraph (1), by striking ``State emergency planning commission'' and inserting ``State emergency response commission'';

~~12.~~15.

~~<all>~~Union Calendar No.

279 115th CONGRESS 1st Session H.

3387 [Report No.

115-380] _______________________________________________________________________ A BILL To amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, and for other purposes.

_______________________________________________________________________ November 1, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Latest

3387 ~~Introduced~~ in House ~~(IH)]~~ <DOC> ~~115th~~ ~~CONGRESS~~ ~~1st~~ ~~Session~~ H.

3387 Reported in House (RH)] <DOC> Union Calendar No.

279 115th CONGRESS 1st Session H.

3387 To ~~amend~~ ~~the~~ ~~Safe~~ ~~Drinking~~ ~~Water~~ ~~Act~~ to ~~improve~~ ~~public~~ ~~water~~ ~~systems~~ ~~and~~ ~~enhance~~ ~~compliance~~ ~~with~~ ~~such~~ ~~Act,~~ ~~and~~ ~~for~~ ~~other~~ ~~purposes.~~

3387 [Report No.

115-380] To amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, and for other purposes.

which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Safe Drinking Water Act to improve public water systems and enhance compliance with such Act, and for other purposes.

300g- 3(c)(4)) is amended-- (1) in the heading for subparagraph (A), by striking ``Annual ~~report''~~ and inserting ~~``Report'';~~

300g- 3(c)(4)) is amended-- (1) in the heading for subparagraph (A), by striking ``Annual reports'' and inserting ``Reports'';

``(ii) Electronic delivery.--Any revision of regulations pursuant to clause (i) shall allow delivery of consumer confidence reports by methods consistent with methods described in the memorandum `Safe Drinking Water ~~Act--~~ Consumer Confidence Report Rule Delivery Options' issued by the Environmental Protection Agency on January 3, 2013.''.

``(ii) Electronic delivery.--Any revision of regulations pursuant to clause (i) shall allow delivery of consumer confidence reports by methods consistent with methods described in the memorandum `Safe Drinking Water Act- Consumer Confidence Report Rule Delivery Options' issued by the Environmental Protection Agency on January 3, 2013.''.

CONSOLIDATION.

(a) Mandatory Assessment and Consolidation.--Subsection (h) of section 1414 of the Safe Drinking Water Act (42 U.S.C.

300g-3) is amended by adding at the end the following:

or ``(bb) has already undertaken actions described in item (aa) without achieving compliance;

``(ii) such consolidation or transfer is feasible;

and ``(iii) such consolidation or transfer could result in greater compliance with national primary drinking water regulations.

``(II) has not transferred ownership of the system;

or ``(III) was unable to achieve compliance after taking the actions described in clause (i)(II)(aa) of subparagraph (A);

``(ii) since completing such assessment, the public water system has violated one or more national primary drinking water regulations and such violations are likely to adversely affect human health;

and ``(iii) such consolidation or transfer is feasible.

and ``(II) any funds or other assets that are available to satisfy such liability, as of the date of submission of such plan, to the public water system that committed such violation.

(b) Retention of Primary Enforcement Authority.-- (1) In general.--Section 1413(a) of the Safe Drinking Water Act (42 U.S.C.

300g-2(a)) is amended-- (A) in paragraph (5), by striking ``;

and'' and inserting a semicolon;

(B) by redesignating paragraph (6) as paragraph (7);

and (C) by inserting after paragraph (5) the following new paragraph:

and''.

(2) Conforming amendment.--Section 1413(b)(1) of the Safe Drinking Water Act (42 U.S.C.

300g-2(b)(1)) is amended by striking ``of paragraphs (1), (2), (3), and (4)''.

SEC.

``(5) Information on asset management practices.--Not later than 5 years after the date of enactment of this paragraph, and not less often than every 5 years thereafter, the Administrator shall review and, if appropriate, update educational materials, including handbooks, training materials, and technical information, made available by the Administrator to owners, managers, and operators of public water systems, local officials, technical assistance providers (including ~~non-profit~~ water associations), and State personnel concerning best practices for asset management strategies that may be used by public water systems.''.

``(5) Information on asset management practices.--Not later than 5 years after the date of enactment of this paragraph, and not less often than every 5 years thereafter, the Administrator shall review and, if appropriate, update educational materials, including handbooks, training materials, and technical information, made available by the Administrator to owners, managers, and operators of public water systems, local officials, technical assistance providers (including nonprofit water associations), and State personnel concerning best practices for asset management strategies that may be used by public water systems.''.

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