119-s1730

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1730

To provide adequate funding for water and sewer infrastructure, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 13, 2025

 Mr. Sanders (for himself, Mr. Blumenthal, Ms. Warren, Mr. Wyden, Mr. 
Merkley, and Mr. Markey) introduced the following bill; which was read 
 twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

 A BILL

To provide adequate funding for water and sewer infrastructure, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water 
Affordability, Transparency, Equity, and Reliability Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Administrator.

Sec. 3. Water affordability, transparency, equity, and reliability.

Sec. 4. Report on affordability, discrimination and civil rights 
 violations, public participation in 
 regionalization, and data collection.

Sec. 5. Use of State revolving funds under the Federal Water Pollution 
 Control Act.

Sec. 6. Use of State revolving loan funds under the Safe Drinking Water 
 Act.

Sec. 7. Drinking water grant programs.

Sec. 8. Labor provisions.

Sec. 9. Drinking water assistance to colonias.

SEC. 2. DEFINITION OF ADMINISTRATOR.

 In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

SEC. 3. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY.

    (a) Clean Water Programs.--

    (1) In general.--At the beginning of each fiscal year, the 
 Administrator shall obligate, for the fiscal year--
        (A) not more than $175,000,000 for making grants 
 under 

section 104

    (b)

    (8) of the Federal Water Pollution 
 Control Act (33 U.S.C. 1254

    (b)

    (8) );
        (B) not more than $525,000,000 for making grants 
 under 

section 106 of that Act (33 U.S.C. 1256);
            (C) not more than $875,000,000 for making grants 
 under 

section 226 of that Act (33 U.S.C. 1302d);
            (D) not more than $875,000,000 for making grants 
 under 

section 319 of that Act (33 U.S.C. 1329); and
        (E) not more than $14,787,000,000 for making 
 capitalization grants under 

section 601 of that Act (33 
 U.S.C. 1381).

    (2) Funding.--On October 1 of each fiscal year, out of any 
 funds in the Treasury not otherwise appropriated, the Secretary 
 of the Treasury shall transfer to the Administrator to carry 
 out this subsection $17,237,000,000, to remain available until 
 expended.

    (3) Availability of funds.--Amounts transferred to the 
 Administrator under paragraph

    (2) and obligated by the 
 Administrator under paragraph

    (1) shall remain available to the 
 Administrator, without further appropriation or fiscal year 
 limitation, for the purposes for which the amounts were 
 obligated.

    (b) Safe Drinking Water Funding.--

    (1) In general.--At the beginning of each fiscal year, the 
 Administrator shall obligate, for the fiscal year--
        (A) not more than $175,000,000 for providing 
 technical assistance under 

section 1442

    (e) of the Safe 
 Drinking Water Act (42 U.S.C. 300j-1

    (e) );
        (B) not more than $14,787,000,000 for making 
 capitalization grants under 

section 1452 of that Act 
 (42 U.S.C. 300j-12);
            (C) not more than $175,000,000 for making grants 
 under 

section 1456 of that Act (42 U.S.C. 300j-16) and 
 for making grants under 

section 307 of the Safe 
 Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 
 note; Public Law 104-182); and
            (D) not more than $1,050,000,000 for making grants 
 under 

section 1465 of the Safe Drinking Water Act (42 
 U.S.C. 300j-25).

    (2) Funding.--On October 1 of each fiscal year, out of any 
 funds in the Treasury not otherwise appropriated, the Secretary 
 of the Treasury shall transfer to the Administrator to carry 
 out this subsection $16,187,000,000, to remain available until 
 expended.

    (3) Availability of funds.--Amounts transferred to the 
 Administrator under paragraph

    (2) and obligated by the 
 Administrator under paragraph

    (1) shall remain available to the 
 Administrator, without further appropriation or fiscal year 
 limitation, for the purposes for which the amounts were 
 obligated.
            (c) Rural Water Services.--

    (1) In general.--At the beginning of each fiscal year, the 
 Secretary of Agriculture (referred to in this subsection as the 
 ``Secretary'') shall obligate, for the fiscal year--
        (A) not more than $175,000,000 for making grants 
 under 

section 306C of the Consolidated Farm and Rural 
 Development Act (7 U.S.C. 1926c) to entities described 
 in subsection
            (c) of that section; and
        (B) not more than $350,000,000 for making grants 
 under 

section 306E of that Act (7 U.S.C. 1926e).

    (2) Funding.--On October 1 of each fiscal year, out of any 
 funds in the Treasury not otherwise appropriated, the Secretary 
 of the Treasury shall transfer to the Secretary to carry out 
 this subsection $525,000,000, to remain available until 
 expended.

    (3) Availability of funds.--Amounts transferred to the 
 Secretary under paragraph

    (2) and obligated by the Secretary 
 under paragraph

    (1) shall remain available to the Secretary, 
 without further appropriation or fiscal year limitation, for 
 the purposes for which the amounts were obligated.
            (d) Indian Health Service.--

    (1) In general.--At the beginning of each fiscal year, the 
 Secretary of Health and Human Services, acting through the 
 Director of the Indian Health Service (referred to in this 
 subsection as the ``Secretary''), shall obligate, for the 
 fiscal year, not more than $1,050,000,000 for making grants for 
 the planning, design, construction, modernization, improvement, 
 and renovation of water, sewer, and solid waste sanitation 
 facilities that are funded, in whole or in part, by the Indian 
 Health Service--
        (A) through, or provided for in, a contract or 
 compact with the Indian Health Service under the Indian 
 Self-Determination and Education Assistance Act (25 
 U.S.C. 5301 et seq.);
        (B) pursuant to 

section 7 of the Act of August 5, 
 1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a); or
            (C) pursuant to 

section 302 of the Indian Health 
 Care Improvement Act (25 U.S.C. 1632).

    (2) Funding.--On October 1 of each fiscal year, out of any 
 funds in the Treasury not otherwise appropriated, the Secretary 
 of the Treasury shall transfer to the Secretary to carry out 
 this subsection $1,050,000,000, to remain available until 
 expended.

    (3) Availability of funds.--Amounts transferred to the 
 Secretary under paragraph

    (2) and obligated by the Secretary 
 under paragraph

    (1) shall remain available to the Secretary, 
 without further appropriation or fiscal year limitation, for 
 the purposes for which the amounts were obligated.

    (e) Conforming Amendment.--

Section 306C

    (e)

    (1) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1926c

    (e)

    (1) ) is amended by 
inserting ``through fiscal year 2025'' after ``each fiscal year'' each 
place it appears.

SEC. 4. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS 
 VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND 
 DATA COLLECTION.

    (a) Study.--

    (1) In general.--The Administrator shall conduct a study on 
 water and sewer services in accordance with this subsection.

    (2) Affordability.--In conducting the study under paragraph

    (1) , the Administrator shall study water affordability across 
 the United States, including--
        (A) rates for water and sewer services, increases 
 in those rates during the 10-year period preceding the 
 study, and water service disconnections due to unpaid 
 water service charges; and
        (B) the effectiveness of funding under 

section 1452 
 of the Safe Drinking Water Act (42 U.S.C. 300j-12) and 
 under title VI of the Federal Water Pollution Control 
 Act (33 U.S.C. 1381 et seq.) for promoting affordable, 
 equitable, transparent, and reliable water and sewer 
 service.

    (3) Discrimination and civil rights.--In conducting the 
 study under paragraph

    (1) , the Administrator, in collaboration 
 with the Civil Rights Division of the Department of Justice, 
 shall study--
        (A) discriminatory practices of water and sewer 
 service providers;
        (B) discriminatory practices of State program 
 administrators in allocating funding; and
            (C) violations by those service providers and 
 program administrators that receive Federal assistance 
 of civil rights under title VI of the Civil Rights Act 
 of 1964 (42 U.S.C. 2000d et seq.) with respect to equal 
 access to water and sewer services.

    (4) Public participation in regionalization.--In conducting 
 the study under paragraph

    (1) , the Administrator shall evaluate 
 efforts to regionalize public water systems (as defined in 
 

section 1401 of the Safe Water Drinking Act (42 U.S.C. 300f)) 
 and sewer services with respect to public participation in--
        (A) the decision to undergo that regionalization; 
 and
        (B) decisionmaking by the board of directors (or 
 other governing body) of the entity that provides, or 
 oversees or coordinates the provision of, water by the 
 public water systems subject to such regionalization.

    (5) Data collection.--In conducting the study under 
 paragraph

    (1) , the Administrator shall collect information, 
 assess the availability of information, and evaluate the 
 methodologies used to collect information with respect to--
        (A) people living without water or sewer services;
        (B) water service disconnections due to unpaid 
 water service charges, including disconnections 
 experienced by households containing children, elderly 
 persons, disabled persons, chronically ill persons, or 
 other vulnerable populations;
            (C) tax liens and foreclosures due to unpaid water 
 service charges; and
            (D) disparate effects, on the basis of race, 
 gender, or socioeconomic status, of water service 
 disconnections, tax liens and foreclosures due to 
 unpaid water service charges, and the lack of public 
 water service.

    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
contains--

    (1) the results of the study conducted under subsection

    (a)

    (1) ; and

    (2) recommendations for utility companies, Federal 
 agencies, and States relating to those results.

SEC. 5. USE OF STATE REVOLVING FUNDS UNDER THE FEDERAL WATER POLLUTION 
 CONTROL ACT.

    (a) Specific Requirements.--

Section 602

    (b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1382

    (b) ) is amended--

    (1) in paragraph

    (2) , by striking ``which will be made to 
 the State with funds to be made available'' and inserting 
 ``that were made to the State with funds made available for 
 fiscal year 2021'';

    (2) in paragraph

    (13)
        (B)
            (iii) , by striking ``and'' at the 
 end;

    (3) in paragraph

    (14) , by striking the period at the end 
 and inserting a semicolon; and

    (4) by adding at the end the following:
 ``

    (15) the State will not provide financial assistance 
 using amounts from the fund for any project that will provide 
 substantial direct benefits to new communities, lots, or 
 subdivisions, other than a project to construct an advanced 
 decentralized wastewater system; and''.

    (b) Projects and Activities Eligible for Assistance.--

Section 603
            (c) of the Federal Water Pollution Control Act (33 U.S.C. 1383
            (c) ) 
is amended--

    (1) in paragraph

    (11)
        (B) , by striking ``and'' at the end;

    (2) in paragraph

    (12)
        (B) , by striking the period at the end 
 and inserting ``; and''; and

    (3) by adding at the end the following:
 ``

    (13) to any municipality or intermunicipal, interstate, 
 or State agency for--
 ``
        (A) purchasing from a willing or unwilling seller 
 a privately owned treatment works; and
 ``
        (B) expenses related to canceling a contract for 
 the operation or management of a publicly owned 
 treatment works.''.
            (c) Increasing the Amount of Additional Subsidization by the 
State.--

Section 603
            (i) (3) of the Federal Water Pollution Control Act 
(33 U.S.C. 1383
            (i) (3) ) is amended by striking subparagraph
        (B) and 
inserting the following:
 ``
        (B) Requirement.--To the extent that there are 
 sufficient applications, a State shall use not less 
 than 50 percent of the total amount received by the 
 State in capitalization grants under this title for a 
 fiscal year for providing additional subsidization 
 under this subsection.''.

SEC. 6. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER 
 ACT.

 

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

    (1) in subsection

    (a) --
        (A) in paragraph

    (2) --
            (i) in subparagraph
        (A) , by inserting 
 ``publicly owned, operated, and managed'' 
 before ``community water systems''; and
            (ii) by striking subparagraph
        (E) and 
 inserting the following:
 ``
        (E) Acquisition of privately owned community 
 water systems.--The funds under this section may be 
 used--
 ``
            (i) to purchase from a willing or 
 unwilling seller a privately owned community 
 water system; and
 ``
            (ii) for expenses related to canceling a 
 contract for the operation or management of a 
 community water system.''; and
        (B) by adding at the end the following:
 ``

    (6) Exception to public ownership, operation, and 
 management requirement.--Notwithstanding paragraph

    (2)
        (A) , 
 public water systems that regularly serve fewer than 10,000 
 persons and which are not owned, operated, or managed by any 
 person who owns, operates, or manages any other public water 
 system may receive assistance under this section.'';

    (2) in subsection
            (d) , by striking paragraph

    (2) and 
 inserting the following:
 ``

    (2) Requirement.--To the extent that there are sufficient 
 applications for loans to communities described in paragraph

    (1) , of the amount of the capitalization grant received by a 
 State in a fiscal year, the total amount of loan subsidies made 
 by the State in the fiscal year pursuant to paragraph

    (1) may 
 not be less than 50 percent.'';

    (3) in subsection

    (e) , by striking ``to be made to the 
 State'' and inserting ``that was made to the State in fiscal 
 year 2021'';

    (4) in subsection

    (g)

    (3) --
        (A) by redesignating subparagraphs
        (A) through
            (C) as clauses
            (i) through
            (iii) , respectively, and 
 indenting appropriately;
        (B) in the undesignated matter following clause
            (iii) (as so redesignated), by striking ``The guidance 
 and regulations shall also'' and inserting the 
 following:
 ``
        (B) Generally accepted accounting standards.--The 
 guidance and regulations required under subparagraph
        (A) shall'';
            (C) in the matter preceding clause
            (i) (as so 
 redesignated), by striking ``The Administrator'' and 
 inserting the following:
 ``
        (A) In general.--The Administrator''; and
            (D) in subparagraph
        (A) (as so designated)--
            (i) in clause
            (ii) (as so redesignated), by 
 striking ``and'' at the end;
            (ii) in clause
            (iii) (as so redesignated), 
 by striking the period at the end and inserting 
 ``; and''; and
            (iii) by inserting after clause
            (iii) the 
 following:
 ``
            (iv) guidance to ensure affordable, 
 equitable, transparent and reliable water 
 service provision, to provide protections for 
 households facing service disconnection due to 
 unpaid water service charges, and to promote 
 universal equal access to water services.''; 
 and

    (5) in subsection

    (k)

    (1) , by adding at the end the 
 following:
 ``
        (E) Provide assistance in the form of a grant to 
 publicly owned, operated, and managed community water 
 systems for the purpose of replacing lead service lines 
 (as defined in 

section 1459B

    (a) ) on private or public 
 property with copper service lines that are lead free 
 (as defined in 

section 1417
            (d) (1) ) at no cost to the 
 owner of the property.
 ``
        (F) Provide assistance to a publicly owned, 
 operated, and managed community water system for the 
 purpose of updating treatment plants or switching water 
 sources due to contamination from a perfluoroalkyl or 
 polyfluoroalkyl substance that contains at least 1 
 fully fluorinated carbon atom.
 ``
        (G) Provide assistance in the form of a grant to 
 owners of a household water well that has been 
 contaminated by a perfluoroalkyl or polyfluoroalkyl 
 substance that contains at least 1 fully fluorinated 
 carbon atom for the purpose of purchasing and 
 installing a household filtration system.''.

SEC. 7. DRINKING WATER GRANT PROGRAMS.

    (a) School Drinking Water Improvement.--

Section 1465 of the Safe 
Drinking Water Act (42 U.S.C. 300j-25) is amended--

    (1) in the section heading, by striking ``fountain'' and 
 inserting ``infrastructure'';

    (2) in subsection

    (a) , by striking ``fountains manufactured 
 prior to 1988'' and inserting ``infrastructure''; and

    (3) by striking subsection

    (b) and inserting the following:
 ``

    (b) Use of Funds.--Funds awarded under the grant program may be 
used to pay costs associated with--
 ``

    (1) installing, repairing, or replacing the 
 infrastructure necessary to ensure that drinking water 
 fountains, drinking water coolers, and bottle filling stations 
 at schools are lead free (as defined in 

section 1417
            (d) (1) ); 
 and
 ``

    (2) monitoring and reporting of lead levels in the 
 drinking water of schools, as determined appropriate by the 
 Administrator.''.

    (b) Tribal Drinking Water.--

Section 1452
            (i) (1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12
            (i) (1) ) is amended, in the first sentence--

    (1) by striking ``1 1/2'' and inserting ``3''; and

    (2) by striking ``may'' and inserting ``shall''.

SEC. 8. LABOR PROVISIONS.

    (a) Prevailing Rate of Wage.--Nothing in this Act or an amendment 
made by this Act shall affect the applicability of the requirements 
relating to labor standards of sections 513 and 602

    (b)

    (6) of the 
Federal Water Pollution Control Act (33 U.S.C. 1372, 1382

    (b)

    (6) ) and 

section 1450

    (e) of the Safe Drinking Water Act (42 U.S.C. 300j-9

    (e) ) to 
projects carried out under those Acts.

    (b) Project Labor Agreements.--

    (1) Clean water revolving funds.--

Section 602

    (b) of the 
 Federal Water Pollution Control Act (33 U.S.C. 1382

    (b) ) (as 
 amended by 

section 5

    (a) ), is amended by adding at the end the 
 following:
 ``

    (16) the State will--
 ``
        (A) permit recipients of assistance under this 
 title to enter into agreements authorized under 

section 8

    (f) of the National Labor Relations Act (29 U.S.C. 
 158

    (f) ) (commonly known as `project labor agreements') 
 with respect to projects for building or construction 
 carried out with that assistance; and
 ``
        (B) ensure that, to the maximum extent 
 practicable, recipients of assistance under this title 
 carry out those projects through the use of those 
 agreements.''.

    (2) Drinking water revolving funds.--

Section 1452 of the 
 Safe Drinking Water Act (42 U.S.C. 300j-12) is amended--
        (A) in subsection

    (a) (as amended by 

section 6

    (1)
        (B) ), by adding at the end the following:
 ``

    (7) Project labor agreements.--Each agreement under this 
 subsection shall require that the State permit recipients of 
 assistance under this section to enter into agreements 
 authorized under 

section 8

    (f) of the National Labor Relations 
 Act (29 U.S.C. 158

    (f) ) (commonly known as `project labor 
 agreements') with respect to projects for building or 
 construction carried out with that assistance.''; and
        (B) in subsection

    (b)

    (3)
        (A) --
            (i) in clause
            (ii) , by striking ``and'' at 
 the end;
            (ii) in clause
            (iii) , by striking the 
 period at the end and inserting ``; and''; and
            (iii) by adding at the end the following:
 ``
            (iv) with respect to projects for 
 building or construction, will be carried out 
 through the use of agreements authorized under 
 

section 8

    (f) of the National Labor Relations 
 Act (29 U.S.C. 158

    (f) ) (commonly known as 
 `project labor agreements').''.

SEC. 9. DRINKING WATER ASSISTANCE TO COLONIAS.

 

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:
 ``

    (2) Covered entity.--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) --
        (A) by striking ``of the Environmental Protection 
 Agency''; and
        (B) by striking ``border State'' and inserting 
 ``covered entity'';

    (3) by striking subsection
            (d) ; and

    (4) by redesignating subsection

    (e) as subsection
            (d) .
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