Assistance, Quality, and Affordability Act of 2024

This Act may be cited as the Assistance, Quality, and Affordability Act of 2024.

The table of contents for this Act is as follows:

Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i–2(g)) is amended—

(1) in paragraph (1), by striking and 2021 and inserting through 2034; and

(2) in paragraph (6)—

(A) by striking 25,000,000 and inserting 50,000,000; and

(B) by striking 2020 and 2021 and inserting 2025 through 2034.

Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j–2(a)(7)) is amended—

(1) by striking 125,000,000 and inserting 200,000,000; and

(2) by striking 2020 and 2021 and inserting 2025 through 2034.

Section 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(2)(A)) is amended by striking 35 percent and inserting 40 percent.

Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j–12(j)) is amended by striking 0.33 percent and inserting 1.5 percent.

Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) is amended—

(1) by striking subparagraphs (A) through (E);

(2) by striking subparagraph (G);

(3) by redesignating subparagraph (F) as subparagraph (A);

(4) in subparagraph (A) (as so redesignated), by striking; and and inserting a semicolon; and

(5) by adding at the end the following:

(B) $3,250,000,000 for fiscal year 2025;

(C) $3,750,000,000 for fiscal year 2026;

(D) $4,140,000,000 for fiscal year 2027;

(E) $4,800,000,000 for fiscal year 2028; and

(F) $5,500,000,000 for each of fiscal years 2029 through 2034.

Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended by adding at the end the following:

In addition to the capitalization grants to eligible States under subsection (a)(1), the Administrator shall offer to enter into agreements with States, Indian Tribes, and the territories described in subsection (j) to make grants, including letters of credit, to such States, Indian Tribes, and territories under this subsection to fund the replacement of lead service lines.

Funds made available to carry out this subsection shall be—

(I) subject to clause (ii), allotted and reallotted to the extent practicable to States as if allotted or reallotted under subsection (a)(1) as a capitalization grant under such subsection; and

(II) deposited into the State loan fund of a State receiving such funds pursuant to an agreement entered into pursuant to this subsection.

For purposes of applying the formula described in subsection (a)(1)(D) under clause (i) of this subparagraph, the State needs identified in the most recent survey conducted pursuant to subsection (h) shall only include the State needs identified for lead service line replacement in such survey.

The Administrator shall set aside 1 ½ percent of the amounts made available each fiscal year to carry out this subsection to make grants to Indian Tribes.

Funds made available to carry out this subsection shall be allotted to territories described in subsection (j) in accordance with such subsection.

Notwithstanding any other provision of this section, funds made available under this subsection shall be used only for providing grants for the full replacement of lead service lines.

Each State, Indian Tribe, and territory that has entered into an agreement pursuant to this subsection shall annually prepare a plan that identifies the intended uses of the amounts made available to such State, Indian Tribe, or territory under this subsection, and any such plan shall—

(A) not be required to comply with subsection (b)(3); and

(B) provide, to the maximum extent practicable, that priority for the use of funds be given to projects that replace lead service lines serving disadvantaged communities and environmental justice communities.

Each State, Indian Tribe, and territory that has entered into an agreement pursuant to this subsection shall require each recipient of funds made available pursuant to this subsection to submit to the State, Indian Tribe, or territory a plan to fully replace all lead service lines in the applicable public water system within 10 years of receiving such funds, or sooner if required by law.

The requirements of paragraphs (4) and (5) of subsection (a) shall apply to any project carried out in whole or in part with funds made available under or pursuant to this subsection.

No funds made available pursuant to this subsection may be used for partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered through a publicly or privately owned portion of a lead service line.

In carrying out lead service line replacement using a grant under this subsection, a recipient of funds made available pursuant to this subsection shall offer to replace any privately owned portion of any lead service line at no cost to the private owner.

All funds made available pursuant to this subsection to fund the replacement of lead service lines may be used to replace lead service lines serving disadvantaged communities.

No agreement entered into pursuant to paragraph (1) shall require that a State deposit, at any time, in the applicable State loan fund from State moneys any contribution in order to receive funds under this subsection.

There are authorized to be appropriated to carry out this subsection $3,000,000,000 for each of fiscal years 2027 through 2036. Such sums shall remain available until expended.

To the extent amounts authorized to be appropriated under this subsection in any fiscal year are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year. Such sums shall remain available until expended.

For purposes of this subsection:

The term disadvantaged community has the meaning given such term in subsection (d)(3).

The term environmental justice community means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

The term lead service line has the meaning given such term in section 1459B(a)(4).

Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) is amended by striking (a)(2)(G) and (t) and inserting (a)(2)(G), (t), and (u).

Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j–16) is amended—

(1) in subsection (a)—

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following new paragraph:

The term covered entity means each of the following:

(A) A border State.

(B) A local government with jurisdiction over an eligible community.

(2) in subsection (b), by striking border State and inserting covered entity;

(3) in subsection (d), by striking shall not exceed 50 percent and inserting may not be less than 80 percent; and

(4) in subsection (e)—

(A) by striking $25,000,000 and inserting $100,000,000; and

(B) by striking 1997 through 1999 and inserting 2025 through 2034.

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section:

Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies.

Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section.

The Administrator shall require a community water system applying for a grant under this section to submit—

(A) information showing the presence of a perfluoroalkyl or polyfluoroalkyl substance in water of the community water system; and

(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to meet all applicable standards, and all applicable health advisories published pursuant to section 1412(b)(1)(F), for perfluoroalkyl and polyfluoroalkyl substances.

Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator determines are the most effective at removing perfluoroalkyl and polyfluoroalkyl substances from drinking water.

In awarding grants under this section, the Administrator shall prioritize an affected community water system that—

(1) serves a disadvantaged community;

(2) has an exceedance of an applicable maximum contaminant level for individual or mixture of perfluoroalkyl and polyfluoroalkyl substances;

(3) will provide at least a 10-percent cost share for the cost of implementing an eligible treatment technology;

(4) demonstrates the capacity to maintain the eligible treatment technology to be implemented using the grant; or

(5) is located within an area with respect to which the Administrator has published a determination under the first sentence of section 1424(e) relating to an aquifer that is the sole or principal drinking water source for the area; and

(6) has not received monies from a settlement agreement or consent decree related to contamination by a perfluoroalkyl or polyfluoroalkyl substance in water in the community water system.

There is authorized to be appropriated to carry out this section $500,000,000 for each of the fiscal years 2025 through 2034.

In this section:

The term affected community water system means a community water system that is affected by the presence of a perfluoroalkyl or polyfluoroalkyl substance in water in the community water system.

The term disadvantaged community has the meaning given that term in section 1452.

The term eligible treatment technology means a treatment technology included on the list published under subsection (c).

The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom.

Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–24) is amended by adding at the end the following:

The Administrator shall establish a program to make grants to States to assist local educational agencies in installation and maintenance of filtration stations at schools and facilities used by child care programs under the jurisdiction of the local educational agencies or other State agencies.

The Administrator may make a grant described in paragraph (1) directly available to—

(A) any local educational agency described in clause (i) or (iii) of subsection (d)(1)(B) located in a State that does not participate in the program established under paragraph (1); or

(B) any local educational agency described in clause (ii) of subsection (d)(1)(B).

Grants made under the program established under this subsection may be used to pay the costs of—

(A) installation and maintenance of filtration stations at schools and facilities used by child care programs; and

(B) annual testing of drinking water at such schools and facilities used by child care programs following the installation of filtration stations.

In making grants under the program established under this subsection, the Administrator shall give priority to States and local educational agencies that will assist in installation and maintenance of filtration stations at schools and facilities used by child care programs that are in low-income areas.

Filtration stations installed pursuant to the program established under this section shall include remote performance monitoring and automatic shut-off of the filtration station in the event the filtration station is not operating properly.

Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish guidance to carry out the program established under this subsection.

The program established under this subsection shall not require testing for lead contamination in drinking water at schools and facilities used by child care programs prior to participation in such program.

In this subsection:

The terms child care program and local educational agency have the meaning given such terms in subsection (d).

The term filtration station means an apparatus that—

(i) is connected to building plumbing;

(ii) is certified to the latest version of NSF/ANSI 53 for lead reduction and NSF/ANSI 42 for particulate reduction (Class I) by a certification body accredited by the American National Standards Institute National Accreditation Board;

(iii) has an indicator to show filter performance;

(iv) can fill bottles or containers for water consumption; and

(v) allows users to drink directly from a stream of flowing water.

There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2025 through 2034.

Section 2001(g) of America’s Water Infrastructure Act of 2018 (Public Law 115–270) is amended to read as follows:

There is authorized to be appropriated to carry out the program under subsection (a) $50,000,000 for each of fiscal years 2025 through 2034.

Section 2020 of America’s Water Infrastructure Act of 2018 (Public Law 115–270) is amended—

(1) in subsection (b)(1), by striking subsection (e)(1) and inserting subsection (f)(1);

(2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(3) by inserting after subsection (b) the following:

The Administrator may use funds made available under subsection (f)(1) to make grants to Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations.

(3) ; and

(4) in subsection (f), as so redesignated—

(A) in the heading, by striking State revolving fund capitalization; and

(B) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by inserting and to make grants under subsection (c) of this section, before to be available; and

(ii) in subparagraph (A), by inserting or subsection (c), as applicable after subsection (b)(1).

Section 1412(b)(6) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(6)) is repealed.

Section 1412(b)(1)(A) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(A)) is amended—

(1) by striking clause (iii);

(2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;

(3) by striking The Administrator shall and inserting the following:

The Administrator shall

(4) in subclause (I), as so redesignated, by striking persons; and inserting persons; and;

(5) by amending subclause (II), as so redesignated, to read as follows:

(II) the contaminant is known to occur or there is a substantial likelihood that the contaminant will occur at levels of public health concern in public water systems serving in total at least an estimated 1,000,000 persons or more across at least 3 States.

(5) ; and

(6) by adding at the end the following:

For purposes of this subparagraph, a contaminant shall be considered to occur at a level of public health concern if it exceeds a health advisory published under subparagraph (F) or a toxicity value established by the Administrator or the Administrator of the Agency for Toxic Substances Disease Registry.

Section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)) is amended by adding at the end the following: A determination under this subsection to publish or establish a health advisory or toxicity value shall not be considered a final agency action that is subject to judicial review..

Section 1412(b)(4) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(4)) is amended—

(1) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; and

(2) by inserting after subparagraph (B) the following:

Notwithstanding any other provision in this Act, each maximum contaminant level goal and national primary drinking water regulation established under this subsection shall be protective of the health of subpopulations at greater risk, as identified in section 1458.

Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is amended—

(1) in paragraph (3)(C)(i)—

(A) by striking paragraph (5) or (6)(A) and inserting paragraph (5); and

(B) by striking paragraphs (4), (5), and (6) and inserting paragraphs (4) and (5); and

(2) in paragraph (4)(B), by striking paragraphs (5) and (6) and inserting paragraph (5).

Section 1412 of Safe Drinking Water Act (42 U.S.C. 300g–1) is amended by adding at the end the following:

Any person may petition the Administrator to promulgate a new or revised national primary drinking water regulation and maximum contaminant level goal for a contaminant in accordance with this section.

A petition under paragraph (1) shall—

(i) be filed in the principal office of the Administrator; and

(ii) include such evidence (which shall be based upon government or public water system data, independent monitoring conducted using certified laboratories, or published, peer-reviewed literature) that supports an applicable determination under subparagraph (D).

The Administrator—

(i) shall issue a public notice of the receipt of a petition under paragraph (1) not later than 5 business days after such receipt; and

(ii) may conduct such investigation or proceeding as the Administrator determines appropriate, including holding a public hearing, in order to determine whether to grant or deny a petition filed under paragraph (1).

Not later than 180 days after a person files a petition in accordance with subparagraph (A), the Administrator shall either grant or deny the petition based on—

(i) the evidence included in the petition; and

(ii) any other evidence described in subparagraph (A)(ii) that the Administrator may possesses or that was submitted to the Administrator not later than 30 days after the Administrator issued a public notice of the receipt of the petition under subparagraph (B)(i).

The Administrator shall grant a petition under paragraph (1) to promulgate a new national primary drinking water regulation and maximum contaminant level goal for a contaminant if the Administrator determines that the criteria of clauses (i), (ii), and (iii) of subsection (b)(1)(A) are satisfied.

The Administrator shall grant a petition under paragraph (1) to promulgate a revised national primary drinking water regulation and maximum contaminant level goal for a contaminant if the Administrator determines a revised national primary drinking water regulation and maximum contaminant level goal for the contaminant will provide for greater protection of the health of persons.

If the Administrator grants a petition under subparagraph (D), such decision shall be considered a determination to regulate a contaminant under subsection (b)(1)(B) for purposes of subsection (b)(1)(E). If the Administrator denies a petition under subparagraph (D), the Administrator shall publish in the Federal Register the Administrator’s reasons for such denial.

The denial of a petition filed under this subsection shall be considered an action pertaining to the establishment of national primary drinking water regulations under section 1448(a)(1).

If the Administrator fails to grant or deny a petition filed under this subsection by the 180-day deadline described in subparagraph (C), the petitioner may commence a civil action under section 1449(a)(2) to order the Administrator to grant or deny the petition.

Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is amended by adding at the end the following:

Notwithstanding any other deadline established in this subsection, the Administrator shall make a determination under paragraph (1)(A), using the criteria described in clauses (i) through (iii) of that paragraph, whether to publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not later than 18 months after the later of—

(i) the date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is listed on the list of contaminants for consideration of regulation under paragraph (1)(B)(i); and

(ii) the date on which—

(I) the Administrator has received the results of monitoring under section 1445(a)(2)(B) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; or

(II) the Administrator has received reliable water data or water monitoring surveys for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances from a Federal or State agency that the Administrator determines to be of a quality sufficient to make a determination under paragraph (1)(A).

Notwithstanding any other deadline established in this subsection, for each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that the Administrator determines to regulate under subparagraph (A), the Administrator—

(I) not later than 18 months after the date on which the Administrator makes the determination, shall propose a national primary drinking water regulation for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and

(II) may publish the proposed national primary drinking water regulation described in subclause (I) concurrently with the publication of the determination to regulate the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.

Notwithstanding any other deadline established in this subsection, not later than 1 year after the date on which the Administrator publishes a proposed national primary drinking water regulation under clause (i)(I) and subject to subclause (II) of this clause, the Administrator shall take final action on the proposed national primary drinking water regulation.

The Administrator, on publication of notice in the Federal Register, may extend the deadline under subclause (I) by not more than 6 months.

Not later than 1 year after the validation by the Administrator of an equally effective quality control and testing procedure to ensure compliance with a national primary drinking water regulation promulgated under this paragraph to measure the levels described in clause (ii) or other methods to detect and monitor perfluoroalkyl or polyfluoroalkyl substances in drinking water, the Administrator shall add the procedure or method as an alternative to the quality control and testing procedure described in such national primary drinking water regulation by publishing the procedure or method in the Federal Register in accordance with section 1401(1)(D).

The levels referred to in clause (i) are—

(I) the level of a perfluoroalkyl or polyfluoroalkyl substance;

(II) the total levels of perfluoroalkyl and polyfluoroalkyl substances; and

(III) the total levels of organic fluorine.

When establishing monitoring requirements for public water systems as part of a national primary drinking water regulation under this paragraph, the Administrator shall tailor the monitoring requirements for public water systems that do not detect or are reliably and consistently below the maximum contaminant level (as defined in section 1418(b)(2)(B)) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances subject to the national primary drinking water regulation.

In meeting the requirements of paragraph (3)(C), the Administrator may rely on information available to the Administrator with respect to one or more specific perfluoroalkyl or polyfluoroalkyl substances to extrapolate reasoned conclusions regarding the health risks and effects of a class of perfluoroalkyl or polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substances are a part.

Subject to clause (ii), the Administrator shall publish a health advisory under paragraph (1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not subject to a national primary drinking water regulation not later than 1 year after the later of—

(I) the date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and

(II) the date on which the Administrator validates an effective quality control and testing procedure for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.

The Administrator may waive the requirements of clause (i) with respect to a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl and polyfluoroalkyl substances if the Administrator determines that there is a substantial likelihood that the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances will not occur in drinking water with sufficient frequency to justify the publication of a health advisory, and publishes such determination, including the information and analysis used, and basis for, such determination, in the Federal Register.

In this paragraph, the term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom.

Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is further amended by adding at the end the following:

Notwithstanding any other deadline established in this subsection, not later than 2 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2024, the Administrator shall publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for microcystin toxin.

Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is further amended by adding at the end the following:

Notwithstanding any other deadline established in this subsection, not later than 2 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2024, the Administrator shall publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for 1,4-dioxane.

Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) is further amended by adding at the end the following:

Notwithstanding any other deadline established in this subsection, not later than 2 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2024, the Administrator shall publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for chromium-6.

Section 1415 (42 U.S.C. 300g–4) of the Safe Drinking Water Act is amended by striking subsection (e).

(1) Section 1412(b)(15) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(15)) is amended by striking subparagraph (D).

(2) Section 1414(c)(1)(B) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)(1)(B)) is amended by striking, (a)(2), or (e) and inserting or (a)(2).

(3) Section 1416(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–5(b)(2)) is amended by striking subparagraph (D).

(4) Section 1445(h) of the Safe Drinking Water Act (42 U.S.C. 300j–4(h)) is amended—

(A) by striking sections 1412(b)(4)(E) and 1415(e) (relating to small system variance program) and inserting section 1412(b)(4)(E); and

(B) by striking guidance under sections 1412(b)(4)(E) and 1415(e) and inserting guidance under section 1412(b)(4)(E).

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is further amended by adding at the end the following:

The Administrator shall establish a program to annually provide to States and Indian Tribes grants to develop and carry out drinking water access programs to assist eligible households in improving or maintaining access to affordable drinking water.

Each fiscal year a State or Indian Tribe may apply for a grant provided under the program established under subsection (a) by submitting to the Administrator an application, which shall be in such form as the Administrator shall require and shall contain assurances that the State or Indian Tribe will establish a program that meets the requirements of subsection (c)(1).

The Administrator shall determine the amount of a grant provided under the program established under subsection (a) based on—

(A) the number of eligible households in the State or under the jurisdiction of the Indian Tribe;

(B) the number of households in the State, or under the jurisdiction of the Indian Tribe, with an income equal to or less than 150 percent of the poverty level; and

(C) the number of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of the monthly income of the household on housing.

Not more than 15 percent of any grant provided under the program established under subsection (a) may be used to support efforts to improve water conservation and reduce water usage.

Not more than 15 percent of any grant provided under the program established under subsection (a) may be used to pay for the administrative expenses of carrying out a drinking water access program under subsection (c)(1).

If the Administrator determines that a State or Indian Tribe is not using a grant in accordance with this section, the Administrator shall provide to the State or Indian Tribe written notice that describes the noncompliance. Not later than 60 days of receiving such written notice, the State or Indian Tribe shall provide to the Administrator a plan to remedy the noncompliance described in the written notice.

If a State or Indian Tribe determines that a community water system with which the State or Indian Tribe entered into a contract or other agreement under subsection (c)(2) is not using a grant in accordance with this section, the State or Indian Tribe shall provide to the community water system written notice that describes the noncompliance. If such community water system fails to remedy the noncompliance by not later than 90 days after receiving such written notice, the State or Indian Tribe shall terminate the contract or other agreement entered into under subsection (c)(2) and implement the drinking water access program on behalf of the community water system.

The Administrator may withhold a grant to be provided to a State or Indian Tribe that has failed to remedy any noncompliance described in written notice provided under subparagraph (A) and distribute such grant among the remaining Indian Tribes in accordance with the formula described under paragraph (2).

A State or Indian Tribe that receives a grant under the program established under subsection (a) shall use such grant to carry out a program to assist eligible households in improving or maintaining access to affordable drinking water. Each such drinking water access program shall—

(A) provide covered assistance to eligible households to be used to improve or maintain access by such households to affordable drinking water services;

(B) provide for timely and meaningful public participation in the development and implementation of the program, including an opportunity for public comment;

(C) subject to the requirement of subparagraph (H), ensure that such covered assistance is distributed in a manner that ensures geographic distribution of such assistance in proportion to the geographic distribution of eligible households within the State or under the jurisdiction of the Indian Tribe;

(D) utilize efficient methods for determining eligibility of households, including—

(i) to the maximum extent feasible, sharing of data from other income-qualified assistance programs carried out by the State (including any local government of the State), the Indian Tribe, or the Federal Government to facilitate automatic enrollment; and

(ii) allowance for self-attestation of income qualification;

(E) carry out outreach and provide education to eligible households to ensure that eligible households are made aware of the covered assistance provided under the drinking water access program;

(F) support efforts to improve water conservation and reduce water usage in residences occupied by eligible households, including through installation of water efficient fixtures and leak repairs;

(G) use effective methods to promote access to covered assistance provided under the drinking water access program—

(i) including by allowing utilities to receive funds for debt reduction and directly apply them to customer accounts, and by allowing for electronic signature; and

(ii) which may not include requiring in-person enrollment appointments or asset tests;

(H) coordinate activities carried out under the drinking water access program with activities carried out under similar programs administered by the Federal Government, States, and Indian Tribes, including programs related to low-income energy assistance; and

(I) if such program is carried out by a State, each fiscal year, provide as covered assistance not less than 20 percent of such grant to eligible households that are served by small systems within such State.

A State or Indian Tribe may enter into a contract or other agreement with a community water system under which the community water system, in accordance with the applicable requirements of paragraph (1), carries out the drinking water access program of the State or Indian Tribe with respect to the customers of the community water system. A contract or other agreement entered into under this paragraph shall include terms or conditions that the community water system—

(A) shall maintain a—

(i) a long-term financial plan;

(ii) an asset management plan;

(iii) a capital improvement plan; and

(iv) a fiscal management plan; and

(B) shall demonstrate capacity to create and implement an effective community outreach plan to inform eligible households of the availability of covered assistance under the drinking water access program.

In determining the income of a household for purposes of determining whether the household is an eligible household, a State, Indian Tribe, or community water system may use procedures and policies consistent with procedures and policies used by other low-income assistance programs.

As a condition of receiving a grant under the program established under subsection (a), a State or Indian Tribe shall submit to the Administrator, in a manner determined by the Administrator, information regarding the drinking water access program the State or Indian Tribe carries out under paragraph (1) (including any part of such program carried out pursuant to a contract or other agreement entered into under paragraph (2)), including—

(A) the design and implementation of the drinking water access program, including—

(i) the type of covered assistance provided;

(ii) sources of funding other than such grant;

(iii) the number of eligible households that received covered assistance under the drinking water access program, disaggregated by type of covered assistance received; and

(iv) drinking water access program costs;

(B) the impacts of the drinking water access program on community water systems and eligible households that received covered assistance under the drinking water access program, including—

(i) the average amount of covered assistance provided to such eligible households, disaggregated by type of covered assistance;

(ii) the percentage of eligible households that received covered assistance under the drinking water access program;

(iii) the average amount of bill debt carried by such households before and after enrollment in the drinking water access program;

(iv) the number of annual service disconnections for nonpayment;

(v) the resources from community water systems used to resolve delinquent bills; and

(vi) the percent of on-time bill payments;

(C) barriers to eligible households receiving covered assistance under the drinking water access program; and

(D) any other relevant information the Administrator may require.

A community water system that receives funding from a drinking water access program (directly as covered assistance or indirectly from an eligible household that received covered assistance and is a customer of such system) may not disconnect or interrupt the service of any eligible household as a result of nonpayment or arrearages during any period of one year that begins on the date on which the eligible household receives covered assistance under the drinking water access program.

No person shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any drinking water access program funded in whole or in part with funds made available under this section. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 also shall apply to any such drinking water access program.

Covered assistance provided under a drinking water access program carried out under paragraph (1)—

(i) may not be used to replace funds for any existing, similar local program to assist households in maintaining access to affordable drinking water; and

(ii) may be used to supplement or enhance such a local program.

For purposes of the Internal Revenue Code of 1986, in the case of any individual who is a member of an eligible household, gross income shall not include assistance provided to such individual pursuant to this section.

Assistance provided to an eligible household pursuant to this section shall not be taken into account as income, and shall not be taken into account as resources for the month of receipt and the following 12 months, for purposes of determining the eligibility of such household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

The Administrator shall, subject to the availability of appropriations, provide technical assistance to States, Indian Tribes, and community water systems that entered into a contract or other agreement with a State or Indian Tribe under this section to support the implementation of this section. Not more than 1 percent of the amount made available to carry out this section for a fiscal year may be used to provide technical assistance under this paragraph.

The Administrator may award grants to nonprofit organizations to provide technical assistance under paragraph (1). Each nonprofit organization receiving a grant under this paragraph shall consult with the State, Indian Tribe, or community water system to which the technical assistance is to be provided before using the grant. The Administrator shall prioritize awarding grants under this paragraph to nonprofit organizations that, as determined by the Administrator, are the most qualified and experienced in providing technical assistance to community water systems.

The Administrator shall provide guidance to States, Indian Tribes, and community water systems to carry out an effective drinking water access program in accordance with subsection (c), including effective methods to inform eligible households of the availability of covered assistance under such a program.

Not later than 2 years after the date on which grants are first provided to a State or Indian Tribe under the program established under subsection (a), and each year thereafter, the Administrator shall submit to Congress a report on the results of such program.

In this section:

The term covered assistance means each of the following:

(A) Direct financial assistance.

(B) A lifeline rate.

(C) Bill discounting.

(D) Special hardship provisions.

(E) A percentage-of-income payment plan.

(F) A payment made directly to a customer account of arrearages or fees from nonpayment for services provided by a community water system.

(G) Any other form of assistance identified by the Administrator.

The term household means any individual or group of individuals who are living together as 1 economic unit.

The term eligible household means a household—

(A) that includes an individual who is—

(i) the holder of an account for drinking water service that is provided to that household by a community water system; or

(ii) separately billed by a landlord that holds an account with a community water system for the cost of drinking water service provided to that household; and

(i) that has an income that, as determined by the State in which the household is located, does not exceed the greater of—

(I) an amount equal to 150 percent of the poverty level; and

(II) an amount equal to 60 percent of the State median income for that State; or

(ii) in which 1 or more individuals are receiving—

(I) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

(II) supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);

(III) assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.);

(IV) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or

(V) payments under—

(aa) section 1315, 1521, 1541, or 1542 of title 38, United States Code; or

(bb) section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588).

The term poverty level means, with respect to a household in a State, the income described in the poverty guidelines issued by the Secretary of Health and Human Services pursuant to section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), as applicable to the household.

The term small system means a community water system that serves fewer than 10,000 people.

The term State median income has the meaning given that term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).

There are authorized to be appropriated $1,500,000,000 for each of fiscal years 2025 through 2034 to carry out this section.

The Administrator shall ensure that not less than 3 percent of the amounts made available to carry out this section are provided as grants to Indian Tribes.

The Infrastructure Investment and Jobs Act (Public Law 117–58) is amended by striking section 50109.

Section 1401(14) of the Safe Drinking Water Act (42 U.S.C. 300f(14)) is amended by striking and 1459B and inserting 1459B, and 1459I.