REPLACE Act

Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is amended—

(1) in subsection (d)—

(A) in paragraph (4), by striking and at the end;

(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

(6) the extent to which the proposed activities will preserve safe and habitable housing units that would otherwise remain unsafe for occupancy due to lead-based paint hazards; and

(7) the extent to which the jurisdiction to be served has elevated childhood lead exposure and significant concentrations of housing constructed before January 1, 1978.;

(2) in subsection (e)—

(A) by striking paragraph (10);

(B) by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively;

(C) by striking A grant and inserting the following:

A grant;

(D) in subparagraph (I), as so redesignated by subparagraph (A), by striking and at the end;

(E) by inserting after subparagraph (I), as so redesignated by subparagraph (A), the following:

(J) conduct clearance examinations and related post-remediation testing;

(K) provide for repairs, rehabilitation, and housing preservation activities directly related to the elimination and long-term control of lead-based paint hazards, including repairs necessary to complete and maintain lead-safe conditions;

(L) support local implementation capacity, including inspection support, lead-safe certification systems, rental registry integration, permitting systems, data modernization, and compliance administration;

(M) support workforce development, contractor training, certification readiness, apprenticeship support, and other activities that expand the capacity of firms and workers to perform lead-safe housing remediation consistent with applicable Federal requirements;

(N) provide technical assistance and case management to owners and occupants to facilitate completion of lead hazard reduction activities; and

(O) carry out such other activities that the Secretary determines appropriate to promote the purposes of this Act.; and

(F) by adding at the end the following:

Any risk assessment, lead paint investigation, or remediation activity conducted under paragraph (1) shall include an evaluation of water-related lead hazards, including an evaluation of whether lead may be present in—

(i) the water service line; and

(ii) any interior plumbing.

If the evaluation under subparagraph (A) indicates that there may be a water-related lead hazard present, the grantee shall provide for further inspection and follow-up to remediate such hazard.

If a water-related lead hazard is identified under the evaluation described in subparagraph (A), the grantee shall provide interim protective measures until the hazard is remediated, including—

(i) the provision of point-of-use filters certified under NSF/ANSI standards for lead reduction; and

(ii) faucet replacements or compatibility measures where necessary.;

(3) in subsection (g), by striking paragraphs (1) and (2) and inserting the following:

The Secretary shall develop the capacity of eligible applicants to carry out activities under this section, including by providing technical assistance relating to program design, implementation, procurement, inspection capacity, financial management, compliance systems, data collection, and coordination with other Federal, State, local, and private resources.

The Secretary may provide technical assistance and capacity-building support to assist eligible applicants and subrecipients in developing workforce capacity, contractor pipelines, and training, certification, or accreditation support consistent with section 402 of the Toxic Substances Control Act (15 U.S.C. 2682).

Of amounts otherwise made available to carry out this section, the Secretary may use such amounts as may be necessary to carry out this subsection.;

(4) in subsection (l)—

(A) in paragraph (4), by striking and at the end;

(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

(6) states the number of households served and the number of occupants temporarily relocated;

(7) states the number of residential dwellings in which lead-based paint hazards have been cleared for reoccupancy following hazard reduction activities; and

(8) describes activities undertaken to preserve habitable housing units and strengthen local implementation capacity.;

(5) by redesignating subsections (o) and (p) as subsections (q) and (r), respectively; and

(6) by inserting after subsection (n) the following:

The Secretary shall carry out this section in consultation with the Administrator of the Environmental Protection Agency to ensure that activities assisted under this section are consistent with applicable requirements relating to lead-based paint activities, renovation, repair and painting, training, certification, disclosure, and lead-safe work practices in target housing and child-occupied facilities.

Not later than 1 year after the date of enactment of this subsection, the Secretary and the Administrator shall issue joint guidance regarding—

(A) best practices for grantees and subgrantees carrying out lead-safe housing remediation, including with respect to water-related lead hazards, under this section;

(B) strategies to align assistance under this section with State and Tribal lead-based paint programs authorized or supported under title IV of the Toxic Substances Control Act; and

(C) opportunities to streamline technical assistance, grantee education, and local implementation support.

Nothing in this subsection may be construed to modify, supersede, or limit any authority of the Administrator under the Toxic Substances Control Act or this Act.

If the Secretary determines that a grantee under this section is at substantial risk of failing to obligate or expend grant amounts in a timely manner, the Secretary shall, before recapturing amounts made available to such grantee as described in paragraph (4), provide notice of such determination and an opportunity for the grantee to enter into a corrective action plan.

A corrective action plan under paragraph (1) may include—

(A) technical assistance;

(B) revised implementation benchmarks;

(C) approval of subgrants, subrecipients, or partnerships with qualified local entities;

(D) procurement support;

(E) workforce, contractor, inspection, or clearance capacity support;

(F) data or compliance system improvements; and

(G) such other measures as the Secretary determines appropriate to facilitate timely expenditure and completion of lead hazard reduction activities.

The Secretary may extend applicable expenditure or performance deadlines for a grantee that demonstrates good-faith efforts to carry out activities under this section and a reasonable likelihood of completing such activities within the extended period.

If, after providing the opportunity described in paragraph (1), the Secretary determines that the grantee remains unable to carry out activities under this section, the Secretary may recapture unobligated amounts and reallocate such amounts to another eligible grantee, subrecipient, or qualified local entity serving the same jurisdiction, to the extent practicable.

Nothing in this subsection shall be construed to require the Secretary to retain or extend assistance in cases involving fraud, waste, abuse, or persistent noncompliance with applicable law.

Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b) is amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) in subparagraph (A), by striking lead service lines each place it appears and inserting covered service lines; and

(ii) in subparagraph (B), by striking lead service line each place it appears and inserting covered service line;

(B) by redesignating paragraphs (2) through (5) as paragraphs (4) through (7), respectively; and

(C) by inserting after paragraph (1) the following:

The term covered service line means a lead service line or a galvanized requiring replacement service line.

The term galvanized requiring replacement service line means a galvanized pipe and its fittings, which connect a drinking water main to a building inlet, that—

(A) has ever been downstream of a lead service line;

(B) is downstream of a lead-status-unknown service line; or

(C) the applicable public water system is unable to demonstrate was never downstream of a lead service line.;

(2) in subsection (b)—

(A) in paragraph (3)—

(i) in the matter preceding subparagraph (A), by striking shall give priority to an eligible entity that;

(ii) in subparagraph (B)—

(I) by redesignating clauses (i) and (ii) as subclauses (I) and (II) (and adjusting the margins accordingly); and

(II) by striking the period at the end and inserting; and;

(iii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and adjusting the margins accordingly);

(iv) by inserting before clause (i), as so redesignated, the following:

(A) shall give priority to an eligible entity that—; and

(v) by adding at the end the following:

(B) may give additional consideration, where practicable, to an eligible entity serving a jurisdiction with—

(i) elevated childhood lead exposure; or

(ii) significant concentrations of housing that may contain lead hazards, including housing constructed before January 1, 1978.;

(B) in paragraph (5), by striking lead service lines each place it appears and inserting covered service lines;

(C) in paragraph (6)—

(i) in the paragraph heading, by striking lead service line and inserting covered service line;

(ii) by striking lead service line each place it appears and inserting covered service line;

(iii) in subparagraph (E), by striking; and and inserting a semicolon;

(iv) in subparagraph (F)—

(I) by striking lead service lines and inserting covered service lines; and

(II) by striking the period at the end and inserting; and; and

(v) by adding at the end the following:

(G) shall, where practicable, coordinate the replacement of covered service lines under this section with housing lead hazard reduction under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (including activities under section 1011(e)(2) of such Act), State or local building code enforcement, or related lead exposure reduction activities carried out under Federal, State, Tribal, or local law.; and

(D) by adding at the end the following:

The Administrator may provide, directly or through grants, cooperative agreements, or contracts, technical assistance and implementation support to eligible entities to assist with—

(A) identification and inventory of covered service lines;

(B) lead reduction project planning and design;

(C) coordination of full replacement of publicly and privately owned portions of covered service lines;

(D) customer outreach and consent processes;

(E) coordination with assistance under section 1452 and other Federal, State, Tribal, local, or private resources; and

(F) such other activities as the Administrator determines appropriate to facilitate timely and complete lead reduction projects.;

(3) in subsection (d)(4)(C), by striking lead service lines and inserting covered service lines; and

(4) in subsection (f), by striking lead service line and inserting covered service line.