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S 2377 IS
108th CONGRESS
2d Session
S. 2377
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 SENATE OF THE UNITED STATES
May 4, 2004
Mr. JEFFORDS (for himself and Mr. SARBANES) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
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-lead free service lines, lead solder, and lead
plumbing fixtures);
`(v) the cost and availability of lead free plumbing fixtures for
use in residences;
`(vi) reasonably available methods of mitigating known or
potential lead contamination of drinking water, including--
`(I) a detailed, step-by-step description of immediate actions
that should be taken, such as the use of a certified water filter
or other acquisition of an alternative water supply; and
`(II) a summary of more extensive actions that could be taken,
such as the replacement of lead plumbing fixtures;
`(vii) any steps the community water system or nontransient
noncommunity water system is taking to mitigate lead content in
drinking water, including--
`(I) a timeline for decisionmaking;
`(II) a description of the means by which the public will
provide input in the decisionmaking process;
`(III) a description of the potential health effects of any
corrosion control modifications; and
`(IV) a description of the manner in which at least 1 other
community water system or nontransient noncommunity water system
has successfully addressed unacceptable levels of lead in drinking
water;
`(viii) the necessity, if any, of seeking alternative water
supplies; and
`(ix) contact information for--
`(I) medical assistance, including State and local agencies
responsible for lead programs;
`(II) the community water system or nontransient noncommunity
water system; and
`(III) the task force established under paragraph (3)(A)(ii).
`(C) EMPHASIS- A notice under this paragraph shall place special
emphasis on--
`(i) alerting parents, caregivers, and other individuals and
entities of the significantly greater risks to infants, children,
and pregnant and lactating women posed by lead contamination of
drinking water; and
`(ii) encouraging individuals and entities threatened by lead
contamination in the drinking water supply to immediately modify
behavior and follow other recommendations in the notice so as to
minimize exposure to lead in drinking water.
`(D) DELIVERY OF NOTICE-
`(i) NOTICE TO ALL RESIDENCES AND ENTITIES-
`(I) IN GENERAL- The notice under subparagraph (A) shall be
provided to each residence or entity that receives water from the
community water system or nontransient noncommunity water system.
`(II) WARNING- Each community water system and nontransient
noncommunity water system shall print on the water bill provided
to each residence and entity described in subclause (I) a warning
that there is a public health risk from high lead levels in the
drinking water.
`(ii) TIMING- The notice required under subparagraph (A) shall be
delivered--
`(I) not later than 30 days after the date on which the maximum
contaminant level or action level for lead is exceeded; and
`(II) every 90 days thereafter for as long as the exceedance
continues.
`(E) NOTICE OF TEST RESULTS- Regardless of whether the maximum
contaminant level or action level for lead is exceeded, not later than
14 days after the date of receipt of any water lead test results
conducted by the community water system or nontransient noncommunity
water system, the water system shall provide to the owners and
occupants of each residence tested a notice of the test results that
includes--
`(i) the results of the water testing for that residence;
`(ii) the number of residences tested;
`(iii) the overall results of the testing;
`(iv) contact information (including a telephone number, address,
and, if available, the Internet site address) for the applicable
State or local health department or other agency for immediate
assistance with blood lead level testing and lead remediation; and
`(v) the information and emphasis described in subparagraphs (B)
and (C).
`(F) VERIFICATION OF EFFECTIVENESS-
`(i) IN GENERAL- Not later than 180 days after the date of
enactment of this subparagraph, the Administrator shall establish
verification procedures that ensure that notices provided under this
paragraph are effective and appropriate, taking into consideration
risks posed to individuals and entities that may be exposed to lead
contamination in drinking water.
`(ii) CONTENTS- The procedures shall provide means of verifying,
at a minimum, whether a notice--
`(I) reaches the intended individuals and entities;
`(II) is received and understood by those individuals and
entities; and
`(III) includes an appropriate description of the level of risk
posed to those individuals and entities by lead contamination of
drinking water.
`(3) PUBLIC EDUCATION PROGRAM-
`(A) IN GENERAL- In carrying out this paragraph, regardless of
whether the drinking water of a community water system or nontransient
noncommunity water system has exceeded the maximum contaminant level
or action level for lead, each owner or operator of the community
water system or nontransient noncommunity water system shall establish
and carry out a permanent, public education program on lead in
drinking water that includes--
`(i) development of an action plan;
`(ii) establishment and maintenance of a standing,
community-based task force;
`(iii) development and implementation of a voluntary household
water testing program; and
`(iv) preparation of public education materials in each relevant
language.
`(B) ACTION PLAN- The action plan developed under subparagraph (A)(i)
shall achieve the objectives of--
`(i) defining the target audience for the public education
program;
`(ii) outlining a voluntary customer water testing program for
lead;
`(iii) identifying types of educational materials to be used at
each stage of public education; and
`(iv) determining the appropriate timing and method of delivery
of information on lead in drinking water.
`(C) TASK FORCE-
`(i) MEMBERSHIP- In establishing the task force under
subparagraph (A)(ii), the community water system or nontransient
noncommunity water system shall solicit the participation of--
`(I) State, city, and county officials and agencies, including
officials and agencies responsible for water quality,
environmental protection, and testing for elevated lead levels in
drinking water and in individuals;
`(II) local public school systems;
`(III) public hospitals and clinics;
`(IV) active community service organizations and civic groups;
`(V) child care facilities; and
`(VI) interested private entities.
`(ii) RESPONSIBILITIES- The task force shall--
`(I) assist community water systems and nontransient
noncommunity water systems in developing and revising action plans
developed under subparagraph (A)(i);
`(II) review the effectiveness of public notice provided under
paragraph (2);
`(III) make recommendations to community water systems and
nontransient noncommunity water systems;
`(IV) respond to inquiries from the public regarding drinking
water;
`(V) provide a means by which community water systems and
nontransient noncommunity water systems may share information with
the public; and
`(VI) facilitate the response of a community water system or
nontransient noncommunity water system in the event of an
exceedance of the maximum contaminant level or action level for
lead.
`(D) WATER TESTING PROGRAM- In developing a voluntary water testing
program under subparagraph (A)(iii), a community water system or
nontransient noncommunity water system shall--
`(i) provide a means by which individuals and entities may
request water testing with a single phone call, letter, or
electronically mailed letter;
`(ii) conduct applicable tests in a timely manner, including
ensuring that water samples are retrieved from households in a
timely manner;
`(iii) ensure that tests are conducted properly by certified
laboratories; and
`(iv) provide to individuals and entities that requested water
testing the results of the tests, and any additional applicable
information (such as information contained in educational materials
described in subparagraph (E)) in a timely manner.
`(E) CONTENTS-
`(i) IN GENERAL- Public education and consumer awareness
materials provided under this paragraph shall include--
`(I) 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;
`(II) the potential sources of lead in drinking water
(including, at a minimum, non-lead free service lines, lead
solder, and lead plumbing fixtures);
`(III) a summary of the historical compliance of the community
water system or nontransient noncommunity water system as
evidenced by testing conducted under the national primary drinking
water regulation for lead, including any corrective actions taken
and the schedule for the next testing cycle;
`(IV) the cost and availability of lead free plumbing fixtures
for use in residences; and
`(V) contact information for--
`(aa) medical assistance, including State and local agencies
responsible for lead programs;
`(bb) the community water system or nontransient noncommunity
water system; and
`(cc) the task force established under subparagraph (A)(ii).
`(ii) EMPHASIS- A notice under this paragraph shall place special
emphasis on--
`(I) alerting parents, caregivers, and other individuals and
entities of the significantly greater risks to infants, children,
and pregnant and lactating women posed by lead contamination of
drinking water; and
`(II) encouraging individuals and entities threatened by lead
contamination in the drinking water supply to immediately modify
behavior and follow other recommendations in the notice so as to
minimize exposure to lead in drinking water.
`(F) DELIVERY OF PUBLIC EDUCATION- Notwithstanding any absence of
an exceedance of the maximum contaminant level or action level for
lead, a community water system or nontransient noncommunity water
system shall provide biannually to customers of the community water
system or nontransient noncommunity water system--
`(i) public education materials and notice in accordance with
this paragraph, including a general description of other sources of
lead contamination (such as lead paint); and
`(ii) the results of the most recent water testing conducted by
the community water system or nontransient noncommunity water
system.
`(G) EXEMPTION- The Administrator may exempt an individual
community water system or nontransient noncommunity water system from
the requirements of this paragraph upon a demonstration by the
community water system or nontransient noncommunity water system that
the drinking water of the system has never exceeded the maximum
contaminant level or action level for lead on or after June 7, 1991.'.
SEC. 5. ADDITIONAL PROVISIONS.
(a) IN GENERAL- Section 1417 of the Safe Drinking Water Act (42 U.S.C.
300g-6) is amended by adding at the end the following:
`(f) FILTERS-
`(1) IN-HOME FILTERS-
`(A) IN GENERAL- After an exceedance of a maximum contaminant
level or action level for lead by a community water system or
nontransient noncommunity water system, the community water system
or nontransient noncommunity water system shall provide on-location
filters described in subparagraph (C) to each residence, school, and
day care facility in the service area of the community water system
or nontransient noncommunity water system that could reasonably be
expected to experience lead contamination of drinking water in
excess of the maximum contaminant level or action level for lead at
any time after the date of the exceedance.
`(B) PRIORITY- Priority shall be given--
`(i) first, to vulnerable populations such as infants,
children, and pregnant and lactating women; and
`(ii) second, to those residences, schools, and day care
facilities that should have priority, based on testing results
under the national primary drinking water regulation for lead.
`(C) CERTIFICATION STANDARDS FOR FILTERS- Each on-location filter
provided under subparagraph (A) shall be certified for lead removal
by the National Institute of Standards and Technology.
`(2) NO LIMITATION- The provision of filters under paragraph (1)
shall not be limited to residences known to have non-lead free service
lines.
`(3) WAIVER OF CERTAIN REQUIREMENTS- The Administrator may waive 1
or more requirements under this subsection if the Administrator
determines that the requirements are not feasible or necessary to
carry out this subsection.
`(g) FEDERAL AGENCIES-
`(1) IN GENERAL- The General Services Administration (or an
appropriate entity designated by the General Services Administration)
shall conduct water supply testing in all Federal buildings (except
Federal buildings served by a federally owned or operated public water
system), and related public notification and public education--
`(A) consistent with the requirements of this Act and the
national primary drinking water regulation for lead; and
`(B) to the extent that the testing, notification, and education
are not duplicative of testing, notification, and education
conducted by public water systems with respect to the Federal
buildings.
`(2) EXCEEDANCES-
`(A) IN GENERAL- The Administrator shall establish a methodology
for testing in a single building to provide an equivalent level of
sensitivity and protection as provided by the national primary
drinking water regulation for lead with respect to community-wide
testing.
`(B) ALTERNATIVE WATER SUPPLIES- Until the lead level in a
Federal building is confirmed to be below the maximum contaminant
level or action level for lead using testing methodology described
in subparagraph (A), the Administrator of General Services or head
of another appropriate agency shall provide alternative water
supplies to the Federal building.
`(3) APPLICABILITY- Nothing in this subsection affects any
requirement applicable to a public water system.
`(h) 1-TIME, NATIONWIDE TESTING-
`(1) INITIATION- Except as provided in paragraph (3), in accordance
with testing requirements under the national primary drinking water
regulation for lead, and not later than 1 year after the date of
enactment of this subsection, each community water system or
nontransient noncommunity water system shall initiate a testing
program to identify, measured at the tap, any lead contamination of
the drinking water provided by the community water system or
nontransient noncommunity water system.
`(2) COMPLETION- Except as provided in paragraph (3), not later
than 180 days after the date of initiation of the testing program
under paragraph (1), each community water system or nontransient
noncommunity water system shall--
`(A) complete the testing program described in paragraph (1); and
`(B) submit to the Administrator and each State in which the
community water system or nontransient noncommunity water system
supplies drinking water, and make available to the public, the
results of the testing program.
`(3) EXCEPTION- If a community water system or nontransient
noncommunity water system completes a testing program in accordance
with the national primary drinking water regulation for lead within
the 180-day period beginning on the date of enactment of this
subsection, the community water system or nontransient noncommunity
water system shall not be required to carry out additional testing
under this subsection.
`(i) MONITORING- The Administrator shall revise the monitoring
requirements under the national primary drinking water regulation for
lead to--
`(1) require monitoring at least biannually;
`(2) ensure that monitoring is statistically relevant and fully
representative of all types of residential dwellings and commercial
establishments;
`(3) ensure that monitoring frequency and scope are enhanced for--
`(A) at least the 1-year period following any substantial
modification of the treatment of drinking water provided; and
`(B) any period during which the drinking water of a water system
exceeds the maximum contaminant level or action level for lead;
`(4) require that, in order to be certified to conduct drinking
water analyses under this Act, a laboratory shall electronically
report lead test results for public water systems (and such other
results or data as are determined to be appropriate by the
Administrator), in accordance with protocols established by the
Administrator, directly to the Administrator and the applicable State
or local agency; and
`(5) otherwise ensure that the Safe Drinking Water Information
System and the National Contaminant Occurrence Database of the
Administrator reliably and timely reflect information regarding
drinking water quality and compliance with respect to lead.
`(j) CORROSION CONTROL- In revising the national primary drinking
water regulation for lead, the Administrator shall ensure that any
requirement for corrosion control includes a requirement that, not later
than 1 year after the date of any change in water treatment, or of an
exceedance of the maximum contaminant level or action level for lead,
each community water system and nontransient noncommunity water system
shall--
`(1) reevaluate any corrosion control plan in place for the water
system; and
`(2) implement any changes necessary to reoptimize the plan.'.
SEC. 6. NON-LEAD FREE SERVICE LINE REPLACEMENT FUND.
Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) (as
amended by section 5) is amended by adding at the end the following:
`(k) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There is authorized to be appropriated to carry
out replacement of non-lead free service lines under subsection
(a)(1)(C)(iv)(VI) $200,000,000 for each of fiscal years 2005 through
2009.
`(2) DISTRICT OF COLUMBIA- Of amounts provided under paragraph (1),
$40,000,000 for each of fiscal years 2005 through 2009 is authorized
for use in replacing non-lead free service lines in the District of
Columbia.'.
SEC. 7. HARDWARE STANDARDS.
(a) DEFINITION OF LEAD FREE-
(1) IN GENERAL- Section 1417(d)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-6(d)(2)) is amended by striking `8.0' and inserting `0.2'.
(2) ADDITIONAL DEFINITION- Section 1461(2) of the Safe Drinking Water
Act (42 U.S.C. 300j-21(2)) is amended in the first sentence by striking
`8' and inserting `0.2'.
(b) PLUMBING FIXTURES- Section 1417(e)(2) of the Safe Drinking Water
Act (42 U.S.C. 300g-6(e)(2)) is amended by adding at the end the
following:
`(C) LEAD FREE PLUMBING FITTINGS AND FIXTURES AND WATER METERS- On
and after January 1, 2005, it shall be unlawful to import, manufacture,
process, distribute in commerce, or install in any residence a new
plumbing fitting or fixture (including a fitting or fixture to be used
for drinking, cooking, bathing, laundering clothes or other washing, or
lawn irrigation), a water meter, or any other plumbing part or component
that is not lead free.'.
SEC. 8. REMOVAL OF LEAD IN SCHOOLS.
(a) IN GENERAL- Section 1464 of the Safe Drinking Water Act (42 U.S.C.
300j-24) is amended by striking subsection (d) and inserting the
following:
`(d) REMOVAL OF LEAD IN SCHOOLS-
`(1) TESTING AND REMEDIATION OF LEAD CONTAMINATION- Not later than
270 days after the date of enactment of the Lead-Free Drinking Water
Act of 2004, the Administrator, in consultation with each State, shall
establish a program to provide grants to States to assist, or provide
reimbursement for costs incurred by, local educational agencies in
conducting annual testing for and remediation of lead contamination in
drinking water from coolers and from other sources of lead
contamination at schools under the jurisdiction of those agencies.
`(2) PUBLIC AVAILABILITY-
`(A) IN GENERAL- The Administrator shall ensure that a copy of
the results of any testing at a school under paragraph (1) are
available in the administrative offices of the appropriate local
educational agency for inspection by the public, including--
`(i) teachers and other school personnel; and
`(ii) parents of students attending the school.
`(B) NOTIFICATION- The Administrator shall ensure that each local
educational agency notifies parent, teacher, and employee
organizations of the availability of testing results described in
subparagraph (A).
`(3) DRINKING WATER COOLERS- In the case of drinking water coolers,
the program under this subsection shall require each local educational
agency to carry out such measures for the reduction or elimination of
lead contamination from drinking water coolers that are located in
schools and are not lead free as are necessary to ensure that, not
later than the date that is 15 months after the date of enactment of
the Lead-Free Drinking Water Act of 2004, all such drinking water
coolers in schools under the jurisdiction of the local educational
agency are repaired, replaced, permanently removed, or rendered
inoperable (unless the drinking water cooler is tested and determined,
within the limits of testing accuracy, not to contribute lead to
drinking water).
`(4) FEDERAL AUTHORITY- In a case in which a State does not
participate in the program under this subsection or, after receiving a
grant under this subsection, does not carry out the responsibilities
of the State under this subsection, the Administrator shall carry out
such a program or such responsibilities on behalf of the State.
`(5) FUNDING-
`(A) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $30,000,000 for each
fiscal year.
`(B) ADMINISTRATIVE EXPENSES- The Administrator may use not more
than 5 percent of amounts made available under subparagraph (A) for
a fiscal year to pay administrative expenses incurred in carrying
out this subsection for the fiscal year.'.
(b) CONFORMING AMENDMENT- Section 1465 of the Safe Drinking Water Act
(42 U.S.C. 300j-25) is repealed.
SEC. 9. REVISION OF REGULATIONS.
Not later than 18 months after the date of enactment of this Act, the
Administrator shall revise the national primary drinking water regulation
for lead to incorporate all applicable requirements of this Act and the
amendments made by this Act.
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HR 4268 IH
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,
[Remainder of bill identical to S. 2377
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May 4, 2004
Senator Jeffords addresses reporters at drinking water press conference
where he was joined by Del. Norton (D-DC), Rep. Waxman (D-Cal.) and Sen.
Sarbanes (D-Md.).
Senator Jeffords Introduces Lead Free Drinking Water Act
WASHINGTON, D.C. In response to high lead levels in the drinking
water systems of Washington, D.C. and Boston U.S. Sen. Jim Jeffords, I
Vt., today introduced legislation to overhaul and strengthen the federal
rules governing lead testing and standards in the nation's public water
systems.
Jeffords, the ranking member of the Senate Environment and Public Works
Committee, was joined by U.S. Sen. Paul Sarbanes, D MD, U.S. Rep.
Henry Waxman, D Cal., and Del. Eleanor Holmes Norton, D DC, in
introducing the "Lead-Free Drinking Water Act of 2004."
Jeffords said, "It is time to get the lead out of our pipes, out
of our water, out of our families and out of our lives. Safe drinking
water is not a privilege; it is a right whether you live in
Washington, D.C., or Washington State or Washington County, Vermont."
The bill would place new responsibilities on the Environmental
Protection Agency and public water systems nationwide to ensure that our
nation's public health is not compromised by lead in our drinking water.
In drinking water systems, lead is found in some service lines and
pipes in distribution systems, in solder, and in plumbing fixtures. The
EPA estimates that about 20% of lead exposure comes from lead in drinking
water. Lead exposure is particularly dangerous for children who retain
about 68% of the lead that enters their bodies while adults retain about
1%. Children exposed to lead may experience low birth weight, growth
retardation, mental retardation, learning disabilities, muscle cramps,
stomach cramps, anemia, and kidney and brain damage. Lead can also be
particularly harmful during pregnancy, affecting the unborn child or
causing complications in pregnancy.
The bill:
- Requires the EPA to revise the national primary drinking water
regulations for lead in drinking water to ensure protection of
vulnerable populations such as infants, children, pregnant women, and
breast-feeding mothers;
- Requires better notification for residents when a water system has
high lead levels;
- Requires increased water testing and lead remediation in schools and
day-care centers nationwide;
- Provides more federal funding to upgrade water distribution systems;
- Bans leaded plumbing fixtures and components.
Statement of Senator Jim Jeffords
Lead Free Drinking Water Act
May 4, 2004
I would like to thank Senator Sarbanes, Congresswoman Norton,
Congressman Waxman and the other cosponsors for working with me to
introduce this important legislation.
I was horrified, as I imagine we all were, when it was first reported
that lead levels in the D.C. public water system were significantly higher
than federal guidelines, and had been so for at least two years. I asked
myself the same thing thousands of D.C. residents were asking themselves
why weren't we told about this sooner? How much water did I drink?
More importantly, how much water did my children drink? What are the
effects of lead in their blood steam? What are we going to do about it?
This is a pretty sad situation no matter where you live, but it's
especially upsetting when you live in the Capitol of the free world.
Clearly mistakes were made and changes are needed -- because if it can
happen in Washington, D.C. or Boston it can happen anywhere. The Senate
Environment and Public Works Committee, of which I am the ranking member,
held a hearing on this issue last month, and we heard some pretty
compelling testimony from D.C. residents, health experts, risk management
professionals and government officials. But we are going to do more than
just hold hearings; today we are introducing the Lead-Free Drinking Water
Act of 2004.
Our bill will overhaul the Safe Drinking Water Act to strengthen the
federal rules governing lead testing and standards in our public water
systems to ensure that our most vulnerable citizens infants, children,
pregnant women, and new moms are not harmed by lead in drinking water.
Specifically, the bill requires the EPA to re-evaluate the current
regulatory structure to figure out if it really provides the level of
public health protection required. The bill will require better
notification for residents when a water system has high lead levels.
It requires information such as the number of homes tested, the lead
levels found, the areas of the community in which they were located, the
disproportionate adverse health effects of lead on infants, be made public
immediately upon detection. It requires increased water testing and lead
remediation in schools and day-care centers nationwide. And it provides
more federal funding to upgrade water distribution systems. The EPA
estimates that our nation needs $265 billion to maintain and improve its
drinking water infrastructure over the next twenty years. If we don't
address this, we'll be facing more and more health and environmental
issues as our nation's water infrastructure degrades.
Lead service lines are only one part of the picture. Leaded solder was
banned in 1987. However, "lead-free" plumbing fixtures are
currently allowed to have eight percent lead. Our bill bans leaded
plumbing fixtures and components.
It is time to get the lead out of our pipes, out of our water, out of
our families and out of our lives. Safe drinking water is not a privilege;
it is a right whether you live in Washington, D.C., or Washington
State or Washington County, Vermont.
We hope to move this bill this year. My Committee is scheduled to
consider water infrastructure legislation later this month, and I think
the "Lead Free Drinking Water Act of 2004" would be an important
addition to that bill.
Thank you. |
