§ 300j–19a. Assistance for small and disadvantaged communities(a) Definition of underserved communityIn this section:(1) In generalThe term “underserved community” means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
(2) InclusionsThe term “underserved community” includes a political subdivision of a State that either, as determined by the Administrator—(A) does not have household drinking water or wastewater services; or
(B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under section 300g–1 of this title, including—(i) a maximum contaminant level;
(ii) a treatment technique; and
(iii) an action level.
(b) Establishment(1) In generalThe Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this subchapter.
(2) InclusionsProjects and activities under paragraph (1) include—(A) investments necessary for the public water system to comply with the requirements of this subchapter;
(B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis;
(C) programs to provide household water quality testing, including testing for unregulated contaminants;
(D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern;
(E) investments necessary for providing accurate and current information about—(i) the need for filtration and filter safety, including proper use and maintenance practices; and
(ii) the options for replacing lead service lines (as defined in section 300j–19b(a) of this title) and removing other sources of lead in water; and
(F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist—(i) an eligible entity; or
(ii) the State of an eligible entity, on behalf of that eligible entity.
(c) Eligible entitiesExcept for purposes of subsections (j) and (m), an eligible entity under this section—(1) is—(A) a public water system;
(B) a water system that is located in an area governed by an Indian Tribe; or
(C) a State, on behalf of an underserved community; and
(2) serves a community—(A) that, under affordability criteria established by the State under section 300j–12(d)(3) of this title, is determined by the State—(i) to be a disadvantaged community; or
(ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or
(B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).
(d) PriorityIn prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.
(e) Local participationIn prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.
(f) Technical, managerial, and financial capabilityThe Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program.
(g) Cost sharingBefore providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agreement with the eligible entity to require the eligible entity—(1) except as provided in subsection (l)(5) and subject to subsection (h), to pay not less than 10 percent of the total costs of the project or activity, which may include services, materials, supplies, or other in-kind contributions;
(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project or activity; and
(3) to pay 100 percent of any operation and maintenance costs associated with the project or activity.
(h) WaiverThe Administrator may waive, in whole or in part, the requirement under subsection (g)(1) if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(i) Limitation on use of fundsNot more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
(j) State response to contaminants(1) In generalThe Administrator may, subject to the terms and conditions of this section, issue a grant to a requesting State, on behalf of a community described in subsection (c)(2), so the State may assist in, or otherwise carry out, necessary and appropriate activities related to a contaminant—(A) that is determined by the State to—(i) be present in, or likely to enter into, a public water system serving, or an underground source of drinking water for, that community; and
(ii) potentially present an imminent and substantial endangerment to the health of persons; and
(B) with respect to which the State determines appropriate authorities have not acted sufficiently to protect the health of such persons.
(2) Recovery of fundsIf, subsequent to the Administrator’s award of a grant to a State under this subsection, any person or entity (including an eligible entity), is found by the Administrator or a court of competent jurisdiction to have caused or contributed to contamination that was detected as a result of testing conducted, or treated, with funds provided under this subsection, and such contamination violated a law administered by the Administrator, such person or entity shall, upon issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies—(A) notify the Administrator in writing not later than 30 days after such issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies; and
(B) promptly pay the Administrator an amount equal to the amount of such funds.
(k) Authorization of appropriationsThere are authorized to be appropriated to carry out subsections (a) through (j)—(1)
(2) $80,000,000 for fiscal year 2023;
(3) $100,000,000 for fiscal year 2024;
(4) $120,000,000 for fiscal year 2025; and
(5) $140,000,000 for fiscal year 2026.
(l) Drinking water infrastructure resilience and sustainability(1) Resilience and natural hazardThe terms “resilience” and “natural hazard” have the meaning given such terms in section 300i–2(h) of this title.
(2) In generalThe Administrator shall establish and carry out a program, to be known as the Drinking Water System Infrastructure Resilience and Sustainability Program, under which the Administrator, subject to the availability of appropriations for such purpose, shall award grants in each of fiscal years 2022 through 2026 to eligible entities for the purpose of increasing resilience to natural hazards.
(3) Use of fundsAn eligible entity may only use grant funds received under this subsection to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards through—(A) the conservation of water or the enhancement of water use efficiency;
(B) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards, including risks to drinking water from flooding;
(C) the design or construction of desalination facilities to serve existing communities;
(D) the enhancement of water supply through the use of watershed management and source water protection;
(E) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; or
(F) the development and implementation of measures to increase the resilience of the eligible entity to natural hazards.
(4) ApplicationTo seek a grant under this subsection, the eligible entity shall submit to the Administrator an application that—(A) includes a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity;
(B) identifies the natural hazard risk to be addressed by the proposed program or project;
(C) provides documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk to the area where the proposed program or project is to be located;
(D) includes a description of any recent natural hazard events that have affected the applicable water system;
(E) includes a description of how the proposed program or project would improve the performance of the system under the anticipated natural hazards; and
(F) explains how the proposed program or project is expected to enhance the resilience of the system to the anticipated natural hazards.
(5) Federal share for small, rural, and disadvantaged communities(A) In generalSubject to subparagraph (B), with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or project shall be 90 percent.
(B) WaiverThe Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(6) Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2026.
(m) Connection to public water systems(1) DefinitionsIn this subsection:(A) Eligible entityThe term “eligible entity” means—(i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or
(ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system.
(B) Eligible individualThe term “eligible individual” has the meaning given the term in section 1383(j) of title 33.
(C) ProgramThe term “program” means the competitive grant program established under paragraph (2).
(2) EstablishmentSubject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.
(3) ApplicationAn eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(4) Voluntary connectionBefore providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that—(A) the eligible individual is voluntarily seeking connection to the public water system;
(B) if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect, the public water system to which the eligible individual seeks to connect has agreed to the connection; and
(C) the connection of the household of the eligible individual to the public water system meets all applicable local and State regulations, requirements, and codes.
(5) ReportNot later than 3 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
(6) Authorization of appropriationsThere is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026.
(n) State competitive grants for underserved communities(1) In generalIn addition to amounts authorized to be appropriated under subsection (k), there is authorized to be appropriated to carry out subsections (a) through (j) $50,000,000 for each of fiscal years 2022 through 2026 in accordance with paragraph (2).
(2) Competitive grants(A) In generalNotwithstanding any other provision of this section, the Administrator shall distribute amounts made available under paragraph (1) to States through a competitive grant program.
(B) ApplicationsTo seek a grant under the competitive grant program under subparagraph (A), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(C) CriteriaIn selecting recipients of grants under the competitive grant program under subparagraph (A), the Administrator shall establish criteria that give priority to States with a high proportion of underserved communities that meet the condition described in subsection (a)(2)(A).
(3) ReportNot later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the competitive grant program under paragraph (2)(A), which shall include a description of the use and deployment of amounts made available under the competitive grant program.
(4) Savings provisionNothing in this paragraph affects the distribution of amounts made available under subsection (k), including any methods used by the Administrator for distribution of amounts made available under that subsection as in effect on the day before November 15, 2021.
(July 1, 1944, ch. 373, title XIV, § 1459A, as added Pub. L. 114–322, title II, § 2104, Dec. 16, 2016, 130 Stat. 1718; amended Pub. L. 115–270, title II, § 2005, Oct. 23, 2018, 132 Stat. 3842; Pub. L. 117–58, div. E, title I, §§ 50104, 50114, Nov. 15, 2021, 135 Stat. 1137, 1157.)
