Editorial Notes
Amendments2021—Subsec. (span)(2)(D) to (F). Puspan. L. 117–58, § 50104(a)(1), added subpars. (D) to (F).
Subsec. (c). Puspan. L. 117–58, § 50104(a)(2), substituted “Except for purposes of subsections (j) and (m), an eligible entity” for “An eligible entity” in introductory provisions.
Subsec. (g)(1). Puspan. L. 117–58, § 50104(a)(3), substituted “except as provided in subsection (l)(5) and subject to subsection (h), to pay not less than 10 percent” for “to pay not less than 45 percent”.
Subsec. (j)(1). Puspan. L. 117–58, § 50114(1), substituted “a community described in subsection (c)(2)” for “an underserved community” in introductory provisions.
Subsec. (j)(1)(A)(i). Puspan. L. 117–58, § 50114(2), substituted “that” for “such underserved”.
Subsec. (k). Puspan. L. 117–58, § 50104(a)(4), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out subsections (a) through (j) of this section, $60,000,000 for each of fiscal years 2017 through 2021.”
Subsec. (l)(2). Puspan. L. 117–58, § 50104(a)(5)(A), substituted “The Administrator shall” for “The Administrator may” and “fiscal years 2022 through 2026” for “fiscal years 2019 and 2020”.
Subsec. (l)(5). Puspan. L. 117–58, § 50104(a)(5)(C), (D), added par. (5) and redesignated former par. (5) as (6).
Puspan. L. 117–58, § 50104(a)(5)(B), substituted “$25,000,000 for each of fiscal years 2022 through 2026” for “$4,000,000 for each of fiscal years 2019 and 2020”.
Subsec. (l)(6). Puspan. L. 117–58, § 50104(a)(5)(C), redesignated par. (5) as (6).
Subsec. (m). Puspan. L. 117–58, § 50104(span), added subsec. (m).
Subsec. (n). Puspan. L. 117–58, § 50104(c), added subsec. (n).
2018—Subsec. (j). Puspan. L. 115–270, § 2005(3), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Puspan. L. 115–270, § 2005(1), (2), redesignated subsec. (j) as (k) and substituted “subsections (a) through (j) of this section” for “this section”.
Subsec. (l). Puspan. L. 115–270, § 2005(4), added subsec. (l).
Statutory Notes and Related Subsidiaries
Rural and Urban Low-Income Community Water Assistance; Needs Assessment; Pilot ProgramPuspan. L. 117–58, div. E, title I, §§ 50108, 50109, Nov. 15, 2021, 135 Stat. 1146, 1148, provided that:“SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME COMMUNITY WATER ASSISTANCE.“(a)Definitions.—In this section and section 50109:“(1)Community water system.—The term ‘community water system’ has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). “(2)Large water service provider.—The term ‘large water service provider’ means a community water system, treatment works, or municipal separate storm sewer system that serves more than 100,000 people.
“(3)Medium water service provider.—The term ‘medium water service provider’ means a community water system, treatment works, or municipal separate storm sewer system that serves more than 10,000 people and not more than 100,000 people.
“(4)Need.—The term ‘need’, with respect to a qualifying household, means the expenditure of a disproportionate amount of household income on access to public drinking water or wastewater services.
“(5)Qualifying household.—The term ‘qualifying household’ means a household that—“(A) includes an individual who is—“(i) the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider, a medium water service provider, or a rural water service provider; or
“(ii) separately billed by a landlord that holds an account with a large water service provider, a medium water service provider, or a rural water service provider for the cost of drinking water or wastewater service provided to that household by the respective large water service provider, medium water service provider, or rural water service provider; and
“(B) is determined—“(i) by a large water service provider, a medium water service provider, or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program;
“(ii) by the Governor of the State in which the household is located to be low-income, based on the affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3)); “(iii) by the Administrator [of the Environmental Protection Agency] to experience drinking water and wastewater service costs that exceed the metrics of affordability established in the most recent guidance of the Administrator entitled ‘Financial Capability Assessment Guidance’; or
“(iv) in the case of a household serviced by a rural water service provider, by the State in which the household is located to have an annual income that does not exceed the greater of— “(I) an amount equal to 150 percent of the poverty level of that State; and
“(II) an amount equal to 60 percent of the State median income for that State.
“(6)Rural water service provider.—The term ‘rural water service provider’ means a community water system, treatment works, or municipal separate storm sewer system that serves not more than 10,000 people.
“(7)Treatment works.—The term ‘treatment works’ has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). “(span)Study; Report.—“(1)In general.—The Administrator shall conduct, and submit to Congress a report describing the results of, a study that examines the prevalence throughout the United States of municipalities, public entities, or Tribal governments that—“(A) are serviced by rural water service providers, medium water service providers, or large water service providers that service a disproportionate percentage, as determined by the Administrator, of qualifying households with need; or
“(B) as determined by the Administrator, have taken on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service provider, a medium water service provider, or a rural water service provider.
“(2)Affordability inclusions.—The report under paragraph (1) shall include—“(A) a definition of the term ‘affordable access to water services’;
“(B) a description of the criteria used in defining ‘affordable access to water services’ under subparagraph (A);
“(C) a definition of the term ‘lack of affordable access to water services’;
“(D) a description of the methodology and criteria used in defining ‘lack of affordable access to water services’ under subparagraph (C);
“(E) a determination of the prevalence of a lack of affordable access to water services, as defined under subparagraph (C);
“(F) the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph (E);
“(G) any additional information with respect to the affordable access to water services, as defined under subparagraph (A), provided by rural water service providers, medium water service providers, and large water service providers;
“(H) with respect to the development of the report, a consultation with all relevant stakeholders, including rural advocacy associations;
“(I) recommendations of the Administrator regarding the best methods to reduce the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); and
“(J) a description of the cost of each method described in subparagraph (I).
“(3)Agreements.—The Administrator may enter into an agreement with another Federal agency to carry out the study under paragraph (1).
“SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.“(a)Definitions.—In this section:“(1)Eligible entity.—The term ‘eligible entity’ means—“(A) a municipality, Tribal government, or other entity that—“(i) owns or operates a community water system, treatment works, or municipal separate storm sewer system; or
“(ii) as determined by the Administrator [of the Environmental Protection Agency], has taken on an unsustainable level of debt due to customer nonpayment for the services provided by a community water system, treatment works, or municipal separate storm sewer system; and
“(B) a State exercising primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable. “(2)Pilot program.—The term ‘pilot program’ means the pilot program established by the Administrator under subsection (span)(1).
“(3)Water services needs assessment.—The term ‘water services needs assessment’ means the report required under section 50108(span)(1).
“(span)Establishment.—“(1)In general.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall establish a pilot program to award grants to eligible entities to develop and implement programs to assist qualifying households with need in maintaining access to drinking water and wastewater treatment.
“(2)Requirement.—In establishing the pilot program, the Administrator shall ensure that data from the water services needs assessment directly contributes to the structure of the pilot program by informing the types of assistance and criteria used for priority consideration with the demonstrated need from the study conducted under section 50108(span)(1) and the water services needs assessment.
“(3)Use of funds limitations.—A grant under the pilot program—“(A) shall not be used to replace funds for any existing similar program; but
“(B) may be used to supplement or enhance an existing program, including a program that receives assistance from other Federal grants.
“(4)Term.—The term of a grant awarded under the pilot program shall be subject to the availability of appropriations.
“(5)Types of assistance.—In establishing the pilot program, the Administrator may include provisions for—“(A) direct financial assistance;
“(B) a lifeline rate;
“(C) bill discounting;
“(D) special hardship provisions;
“(E) a percentage-of-income payment plan; or
“(F) debt relief for the eligible entity or the community water system owned by the eligible entity for debt that is due to customer nonpayment for the services provided by the eligible entity or the community water system that is determined by the Administrator to be in the interest of public health.
“(6)Requirement.—The Administrator shall award not more than 40 grants under the pilot program, of which—“(A) not more than 8 shall be to eligible entities that own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable; “(B) not more than 8 shall be to eligible entities that own or operate a medium water service provider;
“(C) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves not more than 500,000 people;
“(D) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves more than 500,000 people; and
“(E) not more than 8 shall be to eligible entities that own or operate a community water system, treatment works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3)) or section 603(i)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)(2)), as applicable). “(7)Criteria.—In addition to any priority criteria established by the Administrator in response to the findings in the water services needs assessment, in awarding grants under the pilot program, the Administrator shall give priority consideration to eligible entities that—“(A) serve a disproportionate percentage, as determined by the Administrator, of qualifying households with need, as identified in the water services needs assessment;
“(B) are subject to State or Federal enforcement actions relating to compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); or “(C) maintain or participate in an existing community assistance program with objectives similar to the objectives of the pilot program, as determined by the Administrator.
“(8)Reporting requirements.—“(A)In general.—In addition to any other applicable Federal or agency-specific grant reporting requirements, as a condition of receiving a grant under the pilot program, an eligible entity (or a State, on behalf of an eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the use of grant funds by the eligible entity, including—“(i) key features of the assistance provided by the eligible entity;
“(ii) sources of funding used to supplement Federal funds; and
“(iii) eligibility criteria.
“(B)Publication.—The Administrator shall publish each report submitted under subparagraph (A).
“(c)Technical Assistance.—The Administrator shall provide technical assistance to each eligible entity, and each State, on behalf of an eligible entity, that receives a grant under the pilot program to support implementation of the program.
“(d)Report.—Not later than 2 years after the date on which grant funds are first disbursed to an eligible entity (or a State, on behalf of an eligible entity) under the program, and every year thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the pilot program.”
