42 USC 300j-19b - Reducing lead in drinking water

U.S Code last checked for updates: May 19, 2024

§ 300j–19b.

Reducing lead in drinking water

(a)

Definitions

In this section:

(1)

Eligible entity

The term “eligible entity” means—

(A)

a community water system;

(B)

a water system located in an area governed by an Indian Tribe;

(C)

a nontransient noncommunity water system;

(D)

a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and

(E)

a municipality or State, interstate, or intermunicipal agency.

(2)

Lead reduction project

(A)

In general

The term “lead reduction project” means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—

(i)

replacement of lead service lines;

(ii)

testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and

(iii)

providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters.

(B)

Limitation

(3)

Low-income

(4)

Lead service line

(5)

Nontransient noncommunity water system

(b)

Grant program

(1)

Establishment

(2)

Precondition

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

(A)

the source of lead in the public water system that is subject to human consumption; and

(B)

the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.

(3)

Priority application

In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—

(A)

the Administrator determines, based on affordability criteria established by the State under section 300j–12(d)(3) of this title, to be a disadvantaged community; and

(B)

proposes to—

(i)

carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under section 300g–1 of this title at any time during the 3-year period preceding the date of submission of the application of the eligible entity; or

(ii)

address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in section 300j–18(a)(1) of this title.

(4)

Cost sharing

(A)

In general

(B)

Waiver

(5)

Low-income assistance

(A)

In general

(B)

Limitation

(6)

Special consideration for lead service line replacement

In carrying out lead service line replacement using a grant under this subsection, an eligible entity—

(A)

shall notify customers of the replacement of the lead service line;

(B)

may, in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement for that homeowner’s property;

(C)

shall, in the case of a low-income homeowner, and may, for other homeowners, offer to replace the privately owned portion of the lead service line at no cost to the homeowner;

(D)

shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line;

(E)

shall demonstrate that the eligible entity has considered feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and

(F)

shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects.

(c)

Limitation on use of funds

(d)

Lead inventorying utilization grant pilot program

(1)

Definitions

In this subsection:

(A)

Eligible entity

(B)

Pilot program

(2)

Establishment

(3)

Selection

(A)

Application

(B)

Prioritization

In selecting recipients under the pilot program, the Administrator shall give priority to—

(i)

an eligible entity that meets the affordability criteria of the applicable State established under section 300j–12(d)(3) of this title; and

(ii)

an eligible entity that is located in an area other than a State that has established affordability criteria under section 300j–12(d)(3) of this title.

(4)

Report

Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—

(A)

the recipients of grants under the pilot program;

(B)

the existing lead inventorying that was available to recipients of grants under the pilot program; and

(C)

how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity.

(5)

Authorization of appropriations

(e)

Authorization of appropriations

(f)

Savings clause

Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—

(1)

subject to the control of the public water system; and

(2)

located on private property.

(July 1, 1944, ch. 373, title XIV, § 1459B, as added Pub. L. 114–322, title II, § 2105, Dec. 16, 2016, 130 Stat. 1720; amended Pub. L. 117–58, div. E, title I, § 50105, Nov. 15, 2021, 135 Stat. 1140.)

cite as: 42 USC 300j-19b