Makes replacing privately owned portions of lead service lines for public water systems exempt from being treated as "private business use" under certain rules for tax-preferenced bonds. That means public issuers can finance lead service line replacement without that activity triggering private activity bond limits or risking tax status for affected obligations issued after Dec. 31, 2025. The change adds definitions (including cross-references to the Safe Drinking Water Act) to clarify which service line segments qualify and applies to obligations issued after December 31, 2025.
Adds a new subparagraph (D) to section 141(b)(6) of the Internal Revenue Code of 1986 to address qualified lead service line replacement use.
Provides that, for purposes of subsection 141(b)(6), qualified lead service line replacement use shall not constitute private business use.
Defines the term 'qualified lead service line replacement use' as use of bond proceeds to replace any privately-owned portion of a lead service line connected to a public water system to facilitate, achieve, or maintain compliance with a national primary drinking water regulation for lead.
Defines 'lead service line' by reference to the meaning given in section 1459B(a)(4) of the Safe Drinking Water Act.
Defines 'national primary drinking water regulation for lead' as a national primary drinking water regulation for lead promulgated under section 1412 of the Safe Drinking Water Act.
Who is affected and how:
• Public water systems and local governments: Benefit most directly. The change makes it simpler and more certain for state and local issuers and water system owners to use certain tax-preferred obligations to finance replacement of privately owned sections of lead service lines without that activity being counted as private business use. This can lower borrowing costs and reduce structuring complexity.
• Property owners with privately owned lead service line segments: Indirect benefit. When public issuers can finance replacement more easily, property owners may see faster or more affordable LSL replacement on their properties, reducing exposure to lead in drinking water.
• Municipal bond market participants (issuers, underwriters, bond counsel, investors): Will need to apply the new definitions and Safe Drinking Water Act cross-references when structuring and underwriting relevant obligations; issuers may issue more bonds for LSL replacement under favorable tax treatment.
• Contractors and suppliers for LSL replacement: Potentially increased demand for replacement work as financing becomes more accessible.
• Federal budget/tax administration: The change alters tax treatment (a revenue/tax code effect) by preserving tax-preferred status for a class of financings; any revenue impact is likely modest and indirect (via changes in issuance behavior), not an appropriation.
No direct federal spending or grant mandate is created. The provision does not impose new obligations on states or localities beyond existing infrastructure responsibilities; it merely clarifies tax treatment for a specific financing activity and relies on existing Safe Drinking Water Act definitions for technical scope.
Last progress June 10, 2025 (8 months ago)
Introduced on June 10, 2025 by Michael F. Bennet
Flow Act
Updated 3 days ago
Last progress June 10, 2025 (8 months ago)
Read twice and referred to the Committee on Finance.