Removing Nitrate and Arsenic in Drinking Water Act

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by inserting after section 1459G the following:

In this section:

The term arsenic reduction project means a project or activity the primary purpose of which is to reduce the concentration of arsenic in water for human consumption.

The term eligible entity means—

(A) a community water system;

(B) a nontransient noncommunity water system;

(C) a qualified nonprofit organization with experience in nitrate or arsenic reduction, as determined by the Administrator; and

(D) a municipality or State, interstate, or intermunicipal agency, including a special-purpose unit of local government.

The term nitrate reduction project means a project or activity the primary purpose of which is to reduce the concentration of nitrate in water for human consumption.

The term low-income, with respect to assistance under subsection (b)(4), 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 1452(d)(3).

The term nontransient noncommunity water system means a noncommunity water system that regularly serves at least 25 of the same persons over a 6 month period, or more, per year.

Subject to the availability of appropriations, the Administrator shall establish a grant program to provide assistance to eligible entities for nitrate or arsenic reduction projects in the United States.

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

(A) the source of nitrate or arsenic, as applicable, in the public water system that is subject to human consumption; and

(B) the means by which the proposed nitrate or arsenic reduction project would meaningfully reduce the concentration of nitrate or arsenic in water provided for human consumption by the applicable public water system.

In providing grants under this subsection, the Administrator shall give priority to an eligible entity that the Administrator determines, based on affordability criteria established by the State under section 1452(d)(3), to be a disadvantaged community and—

(A) has not been in compliance with the maximum contaminant level of nitrate or arsenic, as applicable, at any time during the 3-year period preceding the date of submission of the application of such eligible entity; or

(B) proposes to address nitrate or arsenic levels, as applicable, in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 1458(a)(1).

An eligible entity may use a grant provided under this subsection to purchase and install treatment technology that reduces the amount of nitrate or arsenic, as applicable, in drinking water, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters.

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.

There is authorized to be appropriated to carry out this section—

(1) $15,000,000 for fiscal year 2026; and

(2) $15,000,000 for each fiscal year thereafter.

The Administrator of the Environmental Protection Agency shall conduct a review on the extent the nitrate and arsenic reduction grant program under the Safe Drinking Water Act (42 U.S.C. 300j et seq.), as added by subsection (a), takes into consideration equity to improve equity outcomes, including taking into consideration the diverse needs of economically disadvantaged and underserved populations.