S. 1730

119th CONGRESS 1st Session

To provide adequate funding for water and sewer infrastructure, and for other purposes.

IN THE SENATE OF THE UNITED STATES · May 13, 2025 · Sponsor: Mr. Sanders · Committee: Committee on Environment and Public Works

Sec. 1. Short title; table of contents.

(a) Short title
- This Act may be cited as the Water Affordability, Transparency, Equity, and Reliability Act of 2025.
(b) Table of contents

Sec. 2. Definition of Administrator.

In this Act, the term Administrator means the Administrator of the Environmental Protection Agency.

Sec. 3. Water affordability, transparency, equity, and reliability.

Water affordability, transparency, equity, and reliability
(a) Clean water programs
- (1) In general
  - At the beginning of each fiscal year, the Administrator shall obligate, for the fiscal year—
    - not more than $175,000,000 for making grants under section 104(b)(8) of the Federal Water Pollution Control Act (); 33 U.S.C. 1254(b)(8)
    - not more than $525,000,000 for making grants under section 106 of that Act (); 33 U.S.C. 1256
    - not more than $875,000,000 for making grants under section 226 of that Act (); 33 U.S.C. 1302d
    - not more than $875,000,000 for making grants under section 319 of that Act (); and 33 U.S.C. 1329
    - not more than $14,787,000,000 for making capitalization grants under section 601 of that Act (). 33 U.S.C. 1381
- (2) Funding
  - On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to carry out this subsection $17,237,000,000, to remain available until expended.
- (3) Availability of funds
  - Amounts transferred to the Administrator under paragraph (2) and obligated by the Administrator under paragraph (1) shall remain available to the Administrator, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated.
(b) Safe drinking water funding
- (1) In general
  - At the beginning of each fiscal year, the Administrator shall obligate, for the fiscal year—
    - not more than $175,000,000 for providing technical assistance under section 1442(e) of the Safe Drinking Water Act (); 42 U.S.C. 300j–1(e)
    - not more than $14,787,000,000 for making capitalization grants under section 1452 of that Act (); 42 U.S.C. 300j–12
    - not more than $175,000,000 for making grants under section 1456 of that Act () and for making grants under section 307 of the Safe Drinking Water Act Amendments of 1996 ( note; ); and 42 U.S.C. 300j–16; 33 U.S.C. 1281; Public Law 104–182
    - not more than $1,050,000,000 for making grants under section 1465 of the Safe Drinking Water Act (). 42 U.S.C. 300j–25
- (2) Funding
  - On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to carry out this subsection $16,187,000,000, to remain available until expended.
- (3) Availability of funds
  - Amounts transferred to the Administrator under paragraph (2) and obligated by the Administrator under paragraph (1) shall remain available to the Administrator, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated.
(c) Rural water services
- (1) In general
  - At the beginning of each fiscal year, the Secretary of Agriculture (referred to in this subsection as the ) shall obligate, for the fiscal year—
    - not more than $175,000,000 for making grants under section 306C of the Consolidated Farm and Rural Development Act () to entities described in subsection (c) of that section; and 7 U.S.C. 1926c
    - not more than $350,000,000 for making grants under section 306E of that Act (). 7 U.S.C. 1926e
- (2) Funding
  - On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $525,000,000, to remain available until expended.
- (3) Availability of funds
  - Amounts transferred to the Secretary under paragraph (2) and obligated by the Secretary under paragraph (1) shall remain available to the Secretary, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated.
(d) Indian Health Service
- (1) In general
  - At the beginning of each fiscal year, the Secretary of Health and Human Services, acting through the Director of the Indian Health Service (referred to in this subsection as the ), shall obligate, for the fiscal year, not more than $1,050,000,000 for making grants for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or in part, by the Indian Health Service—
    - through, or provided for in, a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act (); 25 U.S.C. 5301 et seq.
    - pursuant to section 7 of the Act of August 5, 1954 (68 Stat. 674, chapter 658; ); or 42 U.S.C. 2004a
    - pursuant to section 302 of the Indian Health Care Improvement Act (). 25 U.S.C. 1632
- (2) Funding
  - On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $1,050,000,000, to remain available until expended.
- (3) Availability of funds
  - Amounts transferred to the Secretary under paragraph (2) and obligated by the Secretary under paragraph (1) shall remain available to the Secretary, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated.
(e) Conforming amendment
- Section 306C(e)(1) of the Consolidated Farm and Rural Development Act () is amended by inserting after each place it appears. 7 U.S.C. 1926c(e)(1)

Sec. 4. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection.

(a) Study
- (1) In general
  - The Administrator shall conduct a study on water and sewer services in accordance with this subsection.
- (2) Affordability
  - In conducting the study under paragraph (1), the Administrator shall study water affordability across the United States, including—
    - rates for water and sewer services, increases in those rates during the 10-year period preceding the study, and water service disconnections due to unpaid water service charges; and
    - the effectiveness of funding under section 1452 of the Safe Drinking Water Act () and under title VI of the Federal Water Pollution Control Act () for promoting affordable, equitable, transparent, and reliable water and sewer service. 42 U.S.C. 300j–12; 33 U.S.C. 1381 et seq.
- (3) Discrimination and civil rights
  - In conducting the study under paragraph (1), the Administrator, in collaboration with the Civil Rights Division of the Department of Justice, shall study—
    - discriminatory practices of water and sewer service providers;
    - discriminatory practices of State program administrators in allocating funding; and
    - violations by those service providers and program administrators that receive Federal assistance of civil rights under title VI of the Civil Rights Act of 1964 () with respect to equal access to water and sewer services. 42 U.S.C. 2000d et seq.
- (4) Public participation in regionalization
  - In conducting the study under paragraph (1), the Administrator shall evaluate efforts to regionalize public water systems (as defined in section 1401 of the Safe Water Drinking Act ()) and sewer services with respect to public participation in— 42 U.S.C. 300f
    - the decision to undergo that regionalization; and
    - decisionmaking by the board of directors (or other governing body) of the entity that provides, or oversees or coordinates the provision of, water by the public water systems subject to such regionalization.
- (5) Data collection
  - In conducting the study under paragraph (1), the Administrator shall collect information, assess the availability of information, and evaluate the methodologies used to collect information with respect to—
    - people living without water or sewer services;
    - water service disconnections due to unpaid water service charges, including disconnections experienced by households containing children, elderly persons, disabled persons, chronically ill persons, or other vulnerable populations;
    - tax liens and foreclosures due to unpaid water service charges; and
    - disparate effects, on the basis of race, gender, or socioeconomic status, of water service disconnections, tax liens and foreclosures due to unpaid water service charges, and the lack of public water service.
(b) Report
- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains—
  - the results of the study conducted under subsection (a)(1); and
  - recommendations for utility companies, Federal agencies, and States relating to those results.

Sec. 5. Use of State revolving funds under the Federal Water Pollution Control Act.

(a) Specific requirements
- Section 602(b) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1382(b)
  - in paragraph (2), by striking which will be made to the State with funds to be made availableand inserting that were made to the State with funds made available for fiscal year 2021;
  - in paragraph (13)(B)(iii), by striking and at the end;
  - in paragraph (14), by striking the period at the end and inserting a semicolon; and
    - the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system; and
  - by adding at the end the following:
(b) Projects and activities eligible for assistance
- Section 603(c) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1383(c)
  - in paragraph (11)(B), by striking and at the end;
  - in paragraph (12)(B), by striking the period at the end and inserting ; and; and
    - to any municipality or intermunicipal, interstate, or State agency for—
      - purchasing from a willing or unwilling seller a privately owned treatment works; and
      - expenses related to canceling a contract for the operation or management of a publicly owned treatment works.
  - by adding at the end the following:
(c) Increasing the amount of additional subsidization by the State
- Section 603(i)(3) of the Federal Water Pollution Control Act () is amended by striking subparagraph (B) and inserting the following: 33 U.S.C. 1383(i)(3)
  - (B) Requirement
    - To the extent that there are sufficient applications, a State shall use not less than 50 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection.

Sec. 6. Use of State revolving loan funds under the Safe Drinking Water Act.

Section 1452 of the Safe Drinking Water Act () is amended— 42 U.S.C. 300j–12

in subsection (a)—
- in paragraph (2)—
  - (i) in subparagraph (A), by inserting before ; and
  - (ii) by striking subparagraph (E) and inserting the following:
    - (E) Acquisition of privately owned community water systems
      - The funds under this section may be used—
        
        (i) to purchase from a willing or unwilling seller a privately owned community water system; and
        
        (ii) for expenses related to canceling a contract for the operation or management of a community water system.
  - (6) Exception to public ownership, operation, and management requirement
    - Notwithstanding paragraph (2)(A), public water systems that regularly serve fewer than 10,000 persons and which are not owned, operated, or managed by any person who owns, operates, or manages any other public water system may receive assistance under this section.
- by adding at the end the following:
- (2) Requirement
  - To the extent that there are sufficient applications for loans to communities described in paragraph (1), of the amount of the capitalization grant received by a State in a fiscal year, the total amount of loan subsidies made by the State in the fiscal year pursuant to paragraph (1) may not be less than 50 percent.
in subsection (d), by striking paragraph (2) and inserting the following:
in subsection (e), by striking to be made to the Stateand inserting that was made to the State in fiscal year 2021;
in subsection (g)(3)—
- by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
- in the undesignated matter following clause (iii) (as so redesignated), by striking and inserting the following:
  - (B) Generally accepted accounting standards
    - The guidance and regulations required under subparagraph (A) shall
- in the matter preceding clause (i) (as so redesignated), by striking and inserting the following:
  - (A) In general
    - The Administrator
- in subparagraph (A) (as so designated)—
  - (i) in clause (ii) (as so redesignated), by striking and at the end;
  - (ii) in clause (iii) (as so redesignated), by striking the period at the end and inserting ; and; and
  - (iii) by inserting after clause (iii) the following:
    - (iv) guidance to ensure affordable, equitable, transparent and reliable water service provision, to provide protections for households facing service disconnection due to unpaid water service charges, and to promote universal equal access to water services.
in subsection (k)(1), by adding at the end the following:
- Provide assistance in the form of a grant to publicly owned, operated, and managed community water systems for the purpose of replacing lead service lines (as defined in section 1459B(a)) on private or public property with copper service lines that are lead free (as defined in section 1417(d)(1)) at no cost to the owner of the property.
- Provide assistance to a publicly owned, operated, and managed community water system for the purpose of updating treatment plants or switching water sources due to contamination from a perfluoroalkyl or polyfluoroalkyl substance that contains at least 1 fully fluorinated carbon atom.
- Provide assistance in the form of a grant to owners of a household water well that has been contaminated by a perfluoroalkyl or polyfluoroalkyl substance that contains at least 1 fully fluorinated carbon atom for the purpose of purchasing and installing a household filtration system.

Sec. 7. Drinking water grant programs.

(a) School drinking water improvement
- Section 1465 of the Safe Drinking Water Act () is amended— 42 U.S.C. 300j–25
  - in the section heading, by striking and inserting ;
  - in subsection (a), by striking fountains manufactured prior to 1988and inserting infrastructure; and
    - (b) Use of funds
      - Funds awarded under the grant program may be used to pay costs associated with—
        
        installing, repairing, or replacing the infrastructure necessary to ensure that drinking water fountains, drinking water coolers, and bottle filling stations at schools are lead free (as defined in section 1417(d)(1)); and
        
        monitoring and reporting of lead levels in the drinking water of schools, as determined appropriate by the Administrator.
  - by striking subsection (b) and inserting the following:
(b) Tribal drinking water
- Section 1452(i)(1) of the Safe Drinking Water Act () is amended, in the first sentence— 42 U.S.C. 300j–12(i)(1)
  - by striking and inserting ; and
  - by striking mayand inserting shall.

Sec. 8. Labor provisions.

(a) Prevailing rate of wage
- Nothing in this Act or an amendment made by this Act shall affect the applicability of the requirements relating to labor standards of sections 513 and 602(b)(6) of the Federal Water Pollution Control Act (, 1382(b)(6)) and section 1450(e) of the Safe Drinking Water Act () to projects carried out under those Acts. 33 U.S.C. 1372; 42 U.S.C. 300j–9(e)
(b) Project labor agreements
- (1) Clean water revolving funds
  - Section 602(b) of the Federal Water Pollution Control Act () (as amended by section 5(a)), is amended by adding at the end the following: 33 U.S.C. 1382(b)
    - the State will—
      - permit recipients of assistance under this title to enter into agreements authorized under section 8(f) of the National Labor Relations Act () (commonly known as ) with respect to projects for building or construction carried out with that assistance; and project labor agreements 29 U.S.C. 158(f)
      - ensure that, to the maximum extent practicable, recipients of assistance under this title carry out those projects through the use of those agreements.
- (2) Drinking water revolving funds
  - Section 1452 of the Safe Drinking Water Act () is amended— 42 U.S.C. 300j–12
    - (7) Project labor agreements
      - Each agreement under this subsection shall require that the State permit recipients of assistance under this section to enter into agreements authorized under section 8(f) of the National Labor Relations Act () (commonly known as ) with respect to projects for building or construction carried out with that assistance. project labor agreements 29 U.S.C. 158(f)
    - in subsection (a) (as amended by section 6(1)(B)), by adding at the end the following:
    - in subsection (b)(3)(A)—
      - (i) in clause (ii), by striking and at the end;
      - (ii) in clause (iii), by striking the period at the end and inserting ; and; and
      - (iii) by adding at the end the following:
        
        (iv) with respect to projects for building or construction, will be carried out through the use of agreements authorized under section 8(f) of the National Labor Relations Act () (commonly known as ). project labor agreements 29 U.S.C. 158(f)

Sec. 9. Drinking water assistance to colonias.

Section 1456 of the Safe Drinking Water Act () is amended— 42 U.S.C. 300j–16

in subsection (a)—
- by redesignating paragraph (2) as paragraph (3); and
  - (2) Covered entity
    - The term covered entity means each of the following:
      - A border State.
      - A local government with jurisdiction over an eligible community.
- by inserting after paragraph (1) the following:
in subsection (b)—
- by striking ; and
- by striking border Stateand inserting covered entity;
by striking subsection (d); and
by redesignating subsection (e) as subsection (d).