Overview

Title

To amend the Safe Drinking Water Act to provide assistance for States, territories, areas affected by natural disasters, and water systems and schools affected by PFAS or lead, and to require the Environmental Protection Agency to promulgate national primary drinking water regulations for PFAS, microcystin toxin, and 1,4-dioxane, and for other purposes.

ELI5 AI

H.R. 10440 is a plan to help places that need clean water by fixing their water systems and making sure the water is safe to drink, especially by getting rid of bad stuff like lead and other harmful chemicals. It also sets rules and gives money to make sure everyone, even people who don’t have a lot of money, can get clean water.

Summary AI

H.R. 10440 aims to amend the Safe Drinking Water Act to help states, territories, and communities affected by natural disasters improve their water systems and provide safe drinking water. The bill focuses on addressing contaminants like PFAS, microcystin toxin, and lead by providing grants for water infrastructure improvements and setting new environmental protection standards. It also introduces measures to ensure affordable drinking water access for disadvantaged communities and requires regular updates to regulations governing the quality of drinking water. Additionally, the bill establishes support programs for Indigenous communities and territories.

Published

2024-12-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-16
Package ID: BILLS-118hr10440ih

Bill Statistics

Size

Sections:
22
Words:
9,969
Pages:
52
Sentences:
233

Language

Nouns: 3,142
Verbs: 781
Adjectives: 481
Adverbs: 78
Numbers: 380
Entities: 568

Complexity

Average Token Length:
4.39
Average Sentence Length:
42.79
Token Entropy:
5.46
Readability (ARI):
24.00

AnalysisAI

The proposed bill, titled the Assistance, Quality, and Affordability Act of 2024, aims to amend the Safe Drinking Water Act. It introduces measures to support states, territories, and areas affected by natural disasters in managing drinking water systems, specifically targeting water systems and schools impacted by harmful pollutants like PFAS (per- and polyfluoroalkyl substances) and lead. The bill calls for substantial financial investments for infrastructure resilience, regulatory updates to protect public health, and affordability programs to help disadvantaged communities access safe drinking water. The Environmental Protection Agency (EPA) is empowered to set new drinking water standards for various contaminants.

Summary of Significant Issues

One of the critical issues is the significant financial commitment required by the bill, with considerable increases in funding for various programs but without clear justification or detailed plans for their use. The amendments extend funding through 2034, raising concerns about long-term budget implications. Critics worry about potential wasteful spending due to the lack of explicit oversight measures and accountability mechanisms mentioned across multiple sections. Furthermore, the increase in allocation percentages for certain groups, such as disadvantaged communities and territories, is not clearly justified based on the current needs or statistics.

The absence of clear definitions for key terms, like "disadvantaged community" or "eligible community," presents a challenge. This lack of clarity could lead to ambiguous fund allocation and eligibility criteria, potentially resulting in favoritism or inconsistent application of the intended assistance programs.

Substantial authority is also granted to the EPA to set health protective standards and regulatory actions without detailed scientific or legal justification. While this empowers the agency to address contaminants effectively, it raises concerns about transparency and accountability. Notably, determinations regarding health advisories and toxicity values are excluded from judicial review, which might limit recourse for affected parties.

Impact on the Public

The bill could positively impact the public by ensuring better access to safe drinking water, especially for communities disproportionately affected by pollutants. By mandating replacements for lead service lines and prioritizing PFAS treatment, the legislation aims to reduce health risks associated with contaminated drinking water.

However, the potential inefficiencies in grant administration and the lack of explicit oversight mentioned in the bill could lead to ineffective use of taxpayer money. If not properly monitored, the extensive financial commitments might not translate into tangible benefits for those in need, undermining public trust in governmental programs.

Stakeholders Impact

Positive Impacts:

  1. Disadvantaged Communities: Communities struggling with water quality issues stand to benefit significantly from the increased assistance meant to improve infrastructure and ensure safer drinking water. The bill's provisions for affordability programs could make a substantial difference in ensuring that basic drinking water needs are met affordably.

  2. Environmental Justice and Health Advocacy Groups: The bill's focus on setting stricter regulations for harmful substances like PFAS aligns with the advocacy for healthier communities, particularly those adversely impacted by industrial pollutants.

Negative Impacts:

  1. State and Local Governments: The extensive funding allocation and grant programs require rigorous management and oversight. The potential lack of clarity regarding grant eligibility and prioritization could lead to administrative burdens and complex bureaucratic requirements.

  2. Water Utility Companies: Some provisions, such as mandatory full lead line replacements without private owner contributions, could impose financial burdens on utility companies, potentially increasing operational costs.

  3. Businesses in the Water Treatment Sector: While there might be opportunities for businesses in this sector due to increased attention on contaminants, the limitations set on approved treatment technologies and the lack of frequent updates could stifle innovation and adaptation to emerging technologies.

Overall, the Assistance, Quality, and Affordability Act of 2024 represents a significant effort to improve the quality and accessibility of drinking water across the United States. By addressing critical infrastructure needs and setting stricter safety standards, the bill has the potential to deliver meaningful benefits to many, provided it is accompanied by clear guidelines, effective oversight, and transparency in its implementation.

Financial Assessment

The bill H.R. 10440, known as the “Assistance, Quality, and Affordability Act of 2024,” proposes significant financial allocations to amend the Safe Drinking Water Act. It focuses on improving water systems and ensuring safe drinking water, particularly addressing contaminants like PFAS, microcystin toxin, and lead. Below is an exploration of these financial allocations and their implications.

Financial Allocations and Appropriations

Several sections of the bill specify substantial funding allocations:

  • Drinking Water System Resilience: The bill extends funding through 2034 and increases annual funding for certain provisions from $25 million to $50 million.

  • State Programs: Funding for grants to State programs is increased from $125 million to $200 million, with the timeframe extended to cover 2025 through 2034.

  • Lead Service Line Replacement: This section authorizes $3 billion annually for fiscal years 2027 through 2036. The funds are earmarked for lead service line replacement and prioritize disadvantaged and environmental justice communities.

  • PFAS Treatment Grants: Recognizing the urgent need to address PFAS contaminants, the bill allocates $500 million annually for fiscal years 2025 through 2034 for community water systems affected by PFAS.

  • Filtration Stations for Schools: A grant program is established for installing filtration stations in schools and child care facilities, with $100 million authorized annually for fiscal years 2025 through 2034.

  • Indian Reservation Drinking Water Program: A consistent allocation of $50 million per year from 2025 through 2034 is authorized to support drinking water programs in Indian reservations.

  • Water Affordability Program: To ensure water remains affordable for eligible households, the bill authorizes $1.5 billion annually for fiscal years 2025 through 2034.

Analysis of Financial Implications

The bill proposes robust financial commitments across various sectors of water infrastructure and safety. These allocations are ambitious and aim to tackle longstanding issues related to water contamination and accessibility. However, certain concerns arise from these financial provisions:

  • Substantial Financial Commitments: The increase in funding across multiple sections without detailed justification raises concerns about long-term sustainability and potential inefficiency. With funding amounts significantly heightened, such as doubling resilience funding and expanding the water affordability program, there is a risk of budgetary strain if not managed efficiently.

  • Potential for Inequitable Distribution: The bill outlines increased funding for disadvantaged communities and specific territories, but the lack of clarity in allocation criteria could lead to unequal resource distribution. This concern is amplified by the absence of concrete definitions for key terms like "disadvantaged communities," which may result in inconsistent application of assistance.

  • Oversight and Accountability: The bill does not extensively detail oversight mechanisms for the disbursed funds. Given the magnitude of the funds, particularly the billions allocated for lead service line replacement and PFAS treatment grants, effective oversight is critical to prevent financial misuse.

  • Administrative Costs: The water affordability program allows up to 15% of grant funds to be used for administrative expenses. While necessary for program operation, this allocation could divert a considerable portion of resources from direct aid, potentially reducing the program's impact on households in need.

  • Judicial Review Exclusion: The exclusion of health advisory and toxicity value determinations from judicial review raises accountability concerns. Affected parties may lack avenues to challenge financial and regulatory decisions, potentially limiting transparency.

In conclusion, while H.R. 10440's financial allocations demonstrate a substantial commitment to enhancing water safety and accessibility, the bill's success will heavily depend on the effective management and equitable distribution of these resources, alongside ensuring robust oversight and accountability measures are in place.

Issues

  • The substantial financial implications of the bill, particularly the significant increase in funding across various sections without clear justification or explanation, raise concerns about long-term budget commitment and potential wasteful spending. (Sections 101, 102, 107, 108, 1459H)

  • The lack of clarity and justification for changes in allocation percentages and timeframes, such as the increase in funding for disadvantaged communities, territories, and colonias, might result in inequitable distribution of resources. (Sections 103, 104, 107)

  • The absence of definitions for key terms like 'disadvantaged communities' and 'eligible community' may lead to ambiguities in fund allocation and eligibility criteria. This could result in favoritism or inconsistent application of assistance programs. (Sections 1, 103, 107, 1459H, 301)

  • The comprehensive authority given to the Environmental Protection Agency (EPA) to set health protective standards and regulatory actions without explicit scientific or legal justification might raise concerns about transparency and accountability. (Sections 201, 203, 204, 205, 206)

  • The potential inefficiencies in administering substantial grants due to ambiguous oversight measures could lead to financial misuse or ineffective use of taxpayer money, especially in programs like lead service line replacement and water affordability. (Sections 105, 106, 109, 301, 1459I)

  • The procedures for citizens' petitions lack clear standards for evidence and do not accommodate for the complexity of regulatory changes, potentially leading to delayed implementation and increased administrative burden. (Section 202)

  • The removal of existing legal safeguards and conditions without context, such as the elimination of small system variances and other subparagraph removals, might raise concerns about regulatory robustness and safety. (Sections 105, 207)

  • The considerable increase in administrative costs allowed under the water affordability program might result in less direct aid reaching households, thus diminishing the program's effectiveness in addressing water affordability issues. (Section 301)

  • The exclusion of health advisory and toxicity value determinations from judicial review may raise accountability concerns, as affected parties would lack legal recourse to challenge EPA's actions or standards. (Section 201)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Assistance, Quality, and Affordability Act of 2024 sets out to improve infrastructure, safety, and affordability for drinking water systems. It includes funding for water system resilience, assistance for disadvantaged communities, and measures to ensure safe drinking water by enabling the EPA to set standards for new contaminants.

101. Drinking water system resilience funding Read Opens in new tab

Summary AI

The section amends the Safe Drinking Water Act to extend funding for drinking water system resilience from 2021 to 2034 and increases the authorized funding amount from $25,000,000 to $50,000,000 for the years 2025 through 2034.

102. Grants for State programs Read Opens in new tab

Summary AI

The section of the bill amends the Safe Drinking Water Act to increase the funding for state programs from $125 million to $200 million. It also extends the funding period from the years 2020 and 2021 to the years 2025 through 2034.

103. Assistance for disadvantaged communities Read Opens in new tab

Summary AI

Section 103 modifies the Safe Drinking Water Act to increase financial assistance for disadvantaged communities by changing the percentage allocated from 35% to 40%.

104. Allotments for territories Read Opens in new tab

Summary AI

The amendment changes the Safe Drinking Water Act to increase the funding percentage for territories from 0.33 percent to 1.5 percent.

105. Drinking water SRF funding Read Opens in new tab

Summary AI

The section amends the Safe Drinking Water Act to update the funding amounts for the Drinking Water State Revolving Fund, providing specific annual funding allocations from fiscal year 2025 through 2034, starting at $3.25 billion and increasing to $5.5 billion per year for 2029 to 2034.

106. Lead service line replacement Read Opens in new tab

Summary AI

The section outlines a plan for replacing lead service lines, directing funds to states, Indian Tribes, and territories to fully replace these lines, especially in disadvantaged and environmental justice communities, without requiring states to contribute their own money. The plan includes the use of American-made materials and mandates that no costs be passed on to private owners for replacing privately owned portions of the lead service lines.

Money References

  • “(10) AUTHORIZATION OF APPROPRIATIONS.— “(A) IN GENERAL.—There are authorized to be appropriated to carry out this subsection $3,000,000,000 for each of fiscal years 2027 through 2036.

107. Drinking water assistance to colonias Read Opens in new tab

Summary AI

Section 107 of the bill amends the Safe Drinking Water Act to define a "covered entity" as a border State or a local government with jurisdiction over an eligible community. It also changes the financial terms for drinking water assistance to these areas by increasing the federal support from potentially 50% to at least 80% of project costs, and raises the authorized funding from $25 million to $100 million for the years 2025 through 2034.

Money References

  • 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”.

108. PFAS treatment grants Read Opens in new tab

Summary AI

The section establishes a program to provide grants for community water systems affected by PFAS to help cover costs related to treatment technologies. It prioritizes systems serving disadvantaged communities, specifies requirements for grant applications, and authorizes $500 million annually from 2025 to 2034 for this purpose.

Money References

  • “(e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $500,000,000 for each of the fiscal years 2025 through 2034.

1459H. Assistance for community water systems affected by PFAS Read Opens in new tab

Summary AI

This section establishes a grant program to help community water systems deal with contamination from perfluoroalkyl and polyfluoroalkyl substances (PFAS). The program prioritizes funding for systems serving disadvantaged communities or those facing high levels of contamination, and authorizes $500 million annually from 2025 to 2034 for this purpose.

Money References

  • (e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $500,000,000 for each of the fiscal years 2025 through 2034. (f) Definitions.—In this section: (1) AFFECTED COMMUNITY WATER SYSTEM.—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.

109. Grant program for installation of filtration stations at schools and child care programs Read Opens in new tab

Summary AI

The amendment to Section 1464 of the Safe Drinking Water Act creates a program where the Administrator can grant funds to states and local educational agencies to install and maintain water filtration stations in schools and child care facilities. The program prioritizes low-income areas, covers the cost of annual water testing, and requires stations to have performance monitoring and automatic shut-off features, without needing prior lead testing in the water.

Money References

  • “(9) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2025 through 2034.”.

110. Indian reservation drinking water program Read Opens in new tab

Summary AI

The section authorizes $50 million for each fiscal year from 2025 to 2034 to be spent on the Indian reservation drinking water program under the America’s Water Infrastructure Act of 2018.

Money References

  • Section 2001(g) of America’s Water Infrastructure Act of 2018 (Public Law 115–270) is amended to read as follows: “(g) Authorization of appropriations.—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.”.

111. Assistance for areas affected by natural disasters Read Opens in new tab

Summary AI

The section makes amendments to the America’s Water Infrastructure Act of 2018, allowing funds to be used to give grants to territories like Guam and American Samoa to help them comply with national drinking water standards. It also clarifies the use of funds for these grants by updating some references and section titles in the act.

201. Enabling EPA to set health protective standards for new drinking water contaminants Read Opens in new tab

Summary AI

This section of the bill amends the Safe Drinking Water Act to enable the EPA to establish standards for new drinking water contaminants, ensures vulnerable populations are protected, and clarifies that health advisories aren't subject to judicial review. It modifies language to define when contaminants are considered harmful and updates references to other paragraphs for consistency.

202. Citizens’ petitions for new or revised national primary drinking water regulations Read Opens in new tab

Summary AI

Any person can ask the Administrator to create or improve national drinking water regulations by filing a petition and providing evidence. The Administrator has 180 days to decide whether to grant or deny the petition, based on the evidence, and can hold hearings or investigations if needed; if denied, reasons must be published.

203. National primary drinking water regulations for PFAS Read Opens in new tab

Summary AI

The section amends the Safe Drinking Water Act to require the Administrator to decide whether to set drinking water regulations for certain chemicals called perfluoroalkyl and polyfluoroalkyl substances (PFAS) within specific timelines. It outlines the process for proposing and finalizing these regulations, including deadlines, monitoring requirements, and considerations for health risks and alternative testing methods.

204. National primary drinking water regulations for microcystin toxin Read Opens in new tab

Summary AI

The section mandates that the Administrator set a safety goal and establish national regulations for microcystin toxin in drinking water within two years of the Assistance, Quality, and Affordability Act of 2024 being enacted.

205. National primary drinking water regulations for 1,4-dioxane Read Opens in new tab

Summary AI

The section mandates that within two years of the Assistance, Quality, and Affordability Act of 2024's enactment, a national primary drinking water regulation must be established for 1,4-dioxane, including setting a maximum contaminant level goal.

206. National primary drinking water regulations for chromium-6 Read Opens in new tab

Summary AI

The section mandates that within two years of the "Assistance, Quality, and Affordability Act of 2024" becoming law, the Administrator must set a maximum contaminant level goal and establish a national regulation for chromium-6 in drinking water.

207. Elimination of small system variances Read Opens in new tab

Summary AI

The section details changes to the Safe Drinking Water Act, specifically removing a section that allowed small water systems certain variances, and making necessary adjustments to other parts of the law to align with this removal.

301. Water affordability program Read Opens in new tab

Summary AI

The bill introduces a Water Affordability Program that provides grants to states and Indian tribes to develop programs helping eligible households access affordable drinking water. The program is designed to ensure broad public involvement, promote water conservation, and prevent discrimination while offering financial aid to low-income households.

Money References

  • “(h) Authorization of appropriations.— “(1) IN GENERAL.—There are authorized to be appropriated $1,500,000,000 for each of fiscal years 2025 through 2034 to carry out this section.

1459I. Water affordability program Read Opens in new tab

Summary AI

The Water Affordability Program establishes grants for States and Indian Tribes to help eligible households access affordable drinking water. It details the application process, use of funds, compliance requirements, coordination with other assistance programs, and prohibits discrimination, while also outlining how assistance should supplement existing programs without replacing them.

Money References

  • (h) Authorization of appropriations.— (1) IN GENERAL.—There are authorized to be appropriated $1,500,000,000 for each of fiscal years 2025 through 2034 to carry out this section.