Home > 106th Congressional Bills > H.R. 4268 (rh) To amend title 38, United States Code, to increase amounts of educational assistance for veterans under the Montgomery GI Bill and to enhance programs providing educational benefits under that title, and for other purposes. [Reported in Hou...

H.R. 4268 (rh) To amend title 38, United States Code, to increase amounts of educational assistance for veterans under the Montgomery GI Bill and to enhance programs providing educational benefits under that title, and for other purposes. [Reported in Hou...


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108th CONGRESS
  2d Session
                                H. R. 4268

  To amend the Safe Drinking Water Act to ensure that the District of 
 Columbia and States are provided a safe, lead free supply of drinking 
                                 water.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2004

Ms. Norton (for herself, Mr. Waxman, Mr. Hoyer, Ms. Solis, Mr. Markey, 
   Mr. Moran of Virginia, Mr. Wynn, Mr. Fattah, and Mr. Van Hollen) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Safe Drinking Water Act to ensure that the District of 
 Columbia and States are provided a safe, lead free supply of drinking 
                                 water.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead-Free Drinking Water Act of 
2004''.

SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING WATER REGULATION FOR 
              LEAD.

    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:
            ``(16) Revision of national primary drinking water 
        regulation for lead.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of this paragraph, the 
                Administrator shall finalize a rulemaking to review and 
                revise the national primary drinking water regulation 
                for lead that maintains or provides for greater 
                protection of health as required under paragraph (9).
                    ``(B) Protection for individuals.--The revised 
                regulation shall provide adequate protection for 
                individuals that may be affected by lead contamination 
                of drinking water, particularly vulnerable populations 
                such as infants, children, and pregnant and lactating 
                women.
                    ``(C) Maximum contaminant level.--
                            ``(i) In general.--The revised regulation 
                        shall--
                                    ``(I) establish a maximum 
                                contaminant level for lead in drinking 
                                water as measured at the tap; or
                                    ``(II) if the Administrator 
                                determines that it is not practicable 
                                to establish such a level with adequate 
                                provision for variability and factors 
                                outside of the control of a public 
                                water system, establish a treatment 
                                technique in accordance with 
                                subparagraph (D).
                            ``(ii) Basis of level.--In establishing the 
                        maximum contaminant level under clause (i) or 
                        an action level for lead, the Administrator 
                        shall use as a basis the most protective of 
                        first draw samples, flushed samples, or both 
                        first draw and flushed samples.
                    ``(D) Treatment technique.--If the Administrator 
                establishes a treatment technique for drinking water 
                under subparagraph (C)(i)(II), the treatment technique 
                shall--
                            ``(i) prevent, to the extent achievable, 
                        known or anticipated adverse effects on the 
                        health of individuals;
                            ``(ii) include an action level for lead 
                        that is at least as stringent as the action 
                        level established by the national primary 
                        drinking water regulation for lead under 
                        subpart I of part 141 of title 40, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this paragraph); and
                            ``(iii)(I) provide for the protection of 
                        individuals from very high lead levels in 
                        drinking water in isolated instances;
                            ``(II) provide for the protection of all 
                        individuals, as opposed to a statistical 
                        majority, from exposure to elevated lead levels 
                        in drinking water;
                            ``(III) promote continuing advances in 
                        corrosion control technologies and address the 
                        need to respond to changes in corrosion control 
                        and water treatment technologies; and
                            ``(IV) take into account the demonstrated 
                        insufficiency of public notification and 
                        education as a primary means of protecting 
                        public health from lead in water.''.

SEC. 3. SERVICE LINE REPLACEMENT.

    Section 1417(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300g-
6(a)(1)) is amended by adding at the end the following:
                    ``(C) Service line replacement.--
                            ``(i) In general.--Upon exceeding the 
                        maximum contaminant level or action level for 
                        lead, a community water system or nontransient 
                        noncommunity water system shall annually 
                        replace at least 10 percent of the non-lead 
                        free service lines of the community water 
                        system or nontransient noncommunity water 
                        system until all of the non-lead free service 
                        lines have been replaced.
                            ``(ii) Priority.--Priority shall be given 
                        to non-lead free service lines that convey 
                        drinking water to--
                                    ``(I) residences that receive 
                                drinking water with high lead levels; 
                                and
                                    ``(II) residences and other 
                                buildings, such as day care facilities 
                                and schools, used by vulnerable 
                                populations, including infants, 
                                children, and pregnant and lactating 
                                women.
                            ``(iii) Replacement responsibility.--Under 
                        no circumstance may a community water system or 
                        nontransient noncommunity water system avoid 
                        the responsibility to replace any non-lead free 
                        service line by completing lead testing such as 
                        that referred to in section 141.84 of title 40, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this subparagraph).
                            ``(iv) Replacement of non-lead free service 
                        lines.--
                                    ``(I) In general.--In carrying out 
                                this subparagraph and subject to 
                                subclause (II), a community water 
                                system or nontransient noncommunity 
                                water system shall replace the non-lead 
                                free service lines, including publicly 
                                owned and, with the permission of 
                                applicable homeowners, privately owned 
                                portions of the service lines.
                                    ``(II) Requirements for 
                                permission.--In seeking permission from 
                                a homeowner to replace the private 
                                portion of non-lead free service lines 
                                under subclause (I), a community water 
                                system or nontransient noncommunity 
                                water system shall provide to the 
                                homeowner--
                                            ``(aa) notification of the 
                                        replacement that is separate 
                                        from the notification required 
                                        under paragraph (2);
                                            ``(bb) a detailed 
                                        description of the process by 
                                        which non-lead free service 
                                        lines will be replaced, 
                                        including the date and 
                                        approximate time of the 
                                        replacement and a description 
                                        of the ways in which property 
                                        use will be disrupted by the 
                                        replacement process; and
                                            ``(cc) a description of 
                                        actions that should be taken to 
                                        avoid any lead contamination 
                                        that may occur after 
                                        replacement of the non-lead 
                                        free service lines.
                                    ``(III) State of property.--After 
                                completion of replacement of non-lead 
                                free service lines, a community water 
                                system or nontransient noncommunity 
                                water system shall make every 
                                reasonable effort to return property 
                                affected by the replacement to the 
                                state in which the property existed 
                                before the replacement.
                                    ``(IV) Absence of permission.--If, 
                                after 3 attempts to obtain permission 
                                from a homeowner under subclause (II), 
                                a community water system or 
                                nontransient noncommunity water system 
                                has not received permission, the water 
                                system shall provide final notice to 
                                the homeowner of--
                                            ``(aa) the date and 
                                        approximate time of replacement 
                                        of the publicly owned portion 
                                        of the non-lead free service 
                                        lines; and
                                            ``(bb) a detailed 
                                        description of actions that the 
                                        homeowner should take to avoid 
                                        any lead contamination that may 
                                        occur after non-lead free 
                                        service line replacement.
                                    ``(V) Exception.--
                                            ``(aa) In general.--If the 
                                        Administrator determines, after 
                                        providing an opportunity for 
                                        public notice and comment, that 
                                        the practice of replacing only 
                                        a portion of a non-lead free 
                                        service line will generally 
                                        result in higher lead levels in 
                                        drinking water during an 
                                        extended period of time (as 
                                        compared with leaving the 
                                        entire non-lead free service 
                                        line in place), the 
                                        Administrator may provide for 
                                        an exemption for the 
                                        replacement in any case in 
                                        which the applicable homeowner 
                                        refuses to grant permission to 
                                        replace portions of a non-lead 
                                        free service line under 
                                        subclause (IV).
                                            ``(bb) Requirement of 
                                        exemption.--An exemption under 
                                        item (aa) shall provide that, 
                                        on a change in ownership of 
                                        property served by a non-lead 
                                        free service line, the new 
                                        property owner may request the 
                                        community water system or 
                                        nontransient noncommunity water 
                                        system to replace the non-lead 
                                        free service line for the 
                                        property within a reasonable 
                                        period of time.
                                    ``(VI) Grants.--Using amounts 
                                available under subsection (k)(1), the 
                                Administrator may provide grants to 
                                community water systems and 
                                nontransient noncommunity water systems 
                                for use in replacing non-lead free 
                                service lines.''.

SEC. 4. PUBLIC NOTICE AND EDUCATION.

    Section 1417(a) of the Safe Drinking Water Act (42 U.S.C. 300g-
6(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Public notice requirements.--
                    ``(A) In general.--The owner or operator of a 
                community water system or nontransient noncommunity 
                water system shall identify and provide notice to 
                individuals and entities (and, under subparagraph (D), 
                to specific residences) that may be exposed to lead 
                contamination in the drinking water supply, as 
                indicated by an exceedance of the maximum contaminant 
                level or action level for lead, in a case in which the 
                contamination results from--
                            ``(i) the lead content in the construction 
                        materials of the public water distribution 
                        system; or
                            ``(ii) corrosivity of the water supplied 
                        that is sufficient to cause leaching of lead.
                    ``(B) Contents.--Public notice materials prepared 
                under this paragraph shall provide a clear and readily 
                understandable explanation of--
                            ``(i) detailed information on the number of 
                        residences the drinking water of which was 
                        tested and the areas of the city or community 
                        in which those residences are located, 
                        including a description of lead levels found in 
                        the drinking water;
                            ``(ii) the presence or absence of non-lead 
                        free service lines for each household receiving 
                        drinking water from the community water system 
                        or nontransient noncommunity water system;
                            ``(iii) the potential adverse health 
                        effects of lead contamination of drinking 
                        water, including a detailed description of the 
                        disproportionate adverse effects of lead 
                        contamination of drinking water on infants, 
                        children, and pregnant and lactating women;
                            ``(iv) the potential sources of lead in 
                        drinking water (including, at a minimum, non-

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