Treats the use of tax-exempt bond proceeds to replace privately owned portions of lead service lines as not constituting “private business use.” It adds statutory definitions for qualified lead service line replacement use and related terms, and the rule applies to obligations issued after December 31, 2025. The change makes it easier for issuers to use tax-advantaged municipal bonds to fund replacement of private-side lead pipes without jeopardizing the tax status of those obligations.
Adds a new subparagraph (D) to 26 U.S.C. §141(b)(6) clarifying that “qualified lead service line replacement use” shall not constitute private business use for purposes of subsection (b)(6).
Defines “qualified lead service line replacement use” as the use of proceeds of an issue 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, as amended.
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.
Defines “public water system” by reference to the meaning given in section 1401(4) of the Safe Drinking Water Act.
Who is affected and how:
Public water systems and local governments: They benefit most because they can structure tax-exempt bond financings to cover replacement of entire service lines (including privately owned sections) without causing the bonds to be treated as private activity bonds. This expands financing flexibility for community lead-remediation projects and can lower borrowing costs.
Homeowners and other property owners with privately owned lead service-line sections: They may gain faster or more affordable replacement options because projects that replace private-side piping can be financed with tax-exempt debt rather than higher-cost alternatives.
Municipal bond issuers, bond counsel, and underwriters: They will need to apply the new statutory definitions in financing documents and disclosures. The change reduces legal risk that financed private-side replacements would trigger private business use problems, but follow-up documentation and possibly IRS guidance will be required.
Taxpayers and investors in municipal bonds: Indirectly affected—preserving tax-exempt status tends to reduce borrowing costs for issuers and maintain attractiveness of those bonds to tax-exempt investors; federal tax receipts are not directly changed by the provision itself.
Regulators and program administrators: State and federal water program administrators may coordinate financing approaches with utilities and local governments to take advantage of this tax treatment.
Overall effect: The amendment removes a specific tax-law obstacle to using tax-exempt bond financing for lead service line replacements that include privately owned portions, likely increasing access to lower-cost capital for public-health work while leaving other tax rules and funding structures unchanged.
Last progress June 10, 2025 (8 months ago)
Introduced on June 10, 2025 by Claudia Tenney
Referred to the House Committee on Ways and Means.
Updated 3 days ago
Last progress June 10, 2025 (8 months ago)