S 2636 — Clean Water Infrastructure Resilience and Sustainability Act

(a) Definition of underserved community In this section: (1) In general The term “underserved community” means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water. (2) Inclusions The term “underserved community” includes a political subdivision of a State that either, as determined by the Administrator— (A) does not have household drinking water or wastewater services; or (B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 300g–1 of this title, including— (i) a maximum contaminant level; (ii) a treatment technique; and (iii) an action level. (b) Establishment (1) In general The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this subchapter. (2) Inclusions Projects and activities under paragraph (1) include— (A) investments necessary for the public water system to comply with the requirements of this subchapter; (B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis; (C) programs to provide household water quality testing, including testing for unregulated contaminants; (D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern; (E) investments necessary for providing accurate and current information about— (i) the need for filtration and filter safety, including proper use and maintenance practices; and (ii) the options for replacing lead service lines (as defined in section 300j–19b(a) of this title) and removing other sources of lead in water; and (F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist— (i) an eligible entity; or (ii) the State of an eligible entity, on behalf of that eligible entity. (c) Eligible entities Except for purposes of subsections (j) and (m), an eligible entity under this section— (1) is— (A) a public water system; (B) a water system that is located in an area governed by an Indian Tribe; or (C) a State, on behalf of an underserved community; and (2) serves a community— (A) that, under affordability criteria established by the State under section 300j–12(d)(3) of this title, is determined by the State— (i) to be a disadvantaged community; or (ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or (B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b). (d) Priority In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities. (e) Local participation In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located. (f) Technical, managerial, and financial capability The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program. (g) Cost sharing Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agr...