Low-Income Water Customer Assistance Programs Act of 2021
Summary
House Report 117–77, Part 1, is the report of the Committee on Energy and Commerce, submitted by Mr. Pallone and ordered to be printed June 29, 2021, with minority views, on H.R. 3293, the Low-Income Water Customer Assistance Programs Act of 2021. The Committee reports favorably with an amendment the bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to establish programs to assist low-income households in maintaining access to drinking water and wastewater services, and recommends that it do pass. The contents list the purpose and summary at page 8, the changes in existing law at page 15 and the minority views at page 24. The amendment text begins with the short title.
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Cite this document
“Low-Income Water Customer Assistance Programs Act of 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt77-crpt-117hrpt77-pt1/
, SHA-256 fc19559cc2383cbc0431737d115e5883ba0aec0be2fb5a03d4578fe9211a3eca.Full text
117TH CONGRESS REPT. 117–77
" HOUSE OF REPRESENTATIVES !
1st Session Part 1
LOW-INCOME WATER CUSTOMER ASSISTANCE PROGRAMS
ACT OF 2021
JUNE 29, 2021.—Ordered to be printed
Mr. PALLONE, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3293]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3293) to amend the Safe Drinking Water Act and the
Federal Water Pollution Control Act to establish programs to assist
low-income households in maintaining access to drinking water and
wastewater services, and for other purposes, having considered the
same, reports favorably thereon with an amendment and rec-
ommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary ............................................................................... 8
II. Background and Need for the Legislation ................................................ 8
III. Committee Hearings ................................................................................... 9
IV. Committee Consideration ........................................................................... 9
V. Committee Votes ......................................................................................... 10
VI. Oversight Findings ...................................................................................... 13
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 13
VIII. Federal Mandates Statement ..................................................................... 13
IX. Statement of General Performance Goals and Objectives ....................... 13
X. Duplication of Federal Programs ............................................................... 13
XI. Committee Cost Estimate ........................................................................... 13
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ............... 14
XIII. Advisory Committee Statement ................................................................. 14
XIV. Applicability to Legislative Branch ........................................................... 14
XV. Section-by-Section Analysis of the Legislation ......................................... 14
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XVI. Changes in Existing Law Made by the Bill, as Reported ........................ 15
XVII. Minority Views ............................................................................................ 24
19–006
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2
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Low-Income Water Customer Assistance Programs
Act of 2021’’.
SEC. 2. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by add-
ing at the end the following:
‘‘SEC. 1459E. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a community water system that is owned or operated by a munici-
pality, other than a small community-serving water system; or
‘‘(B) a State, with respect to a small community-serving water system lo-
cated in the State.
‘‘(2) HOUSEHOLD.—The term ‘household’ means any individual or group of in-
dividuals who are living together as 1 economic unit.
‘‘(3) LOCAL DRINKING WATER ACCESS PROGRAM.—The term ‘local drinking
water access program’ means a program developed or implemented by an eligi-
ble entity using a grant awarded under this section.
‘‘(4) LOW-INCOME HOUSEHOLD.—The term ‘low-income household’ means a
household—
‘‘(A) in which 1 or more individuals are receiving—
‘‘(i) assistance under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.);
‘‘(ii) supplemental security income payments under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.);
‘‘(iii) supplemental nutrition assistance program benefits under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
‘‘(iv) payments under—
‘‘(I) section 1315, 1521, 1541, or 1542 of title 38, United States
Code; or
‘‘(II) section 306 of the Veterans’ and Survivors’ Pension Improve-
ment Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
‘‘(B) that has an income that—
‘‘(i) as determined by the State in which the household is located,
does not exceed the greater of—
‘‘(I) an amount equal to 150 percent of the poverty level; and
‘‘(II) an amount equal to 60 percent of the State median income
for that State; or
‘‘(ii) does not exceed an amount, determined by an eligible entity re-
ceiving a grant under this section, that—
‘‘(I) is lower that the amount described in clause (i); and
‘‘(II) is greater than or equal to 110 percent of the poverty level.
‘‘(5) POVERTY LEVEL.—The term ‘poverty level’ means, with respect to a house-
hold in a State, the income described in the poverty guidelines issued by the
Secretary of Health and Human Services pursuant to section 673 of the Com-
munity Services Block Grant Act (42 U.S.C. 9902), as applicable to the house-
hold.
‘‘(6) SMALL COMMUNITY-SERVING WATER SYSTEM.—The term ‘small community-
serving water system’ means a community water system that provides drinking
water services to a municipality with a population of fewer than 10,000 resi-
dents, at least 20 percent of whom are at or below the poverty level.
‘‘(7) STATE MEDIAN INCOME.—The term ‘State median income’ has the mean-
ing given that term in section 2603 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8622).
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Administrator shall establish a Federal low-income
drinking water assistance program to award grants to eligible entities to de-
velop and implement local drinking water access programs to assist low-income
households in maintaining access to affordable drinking water.
‘‘(2) REQUIREMENTS FOR SMALL COMMUNITY-SERVING WATER SYSTEMS.—In
order for a State to be eligible to receive a grant under this section for a small
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community-serving water system, the State and the small community-serving
water system shall enter into a memorandum of understanding, under which
the State shall—
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‘‘(A) submit to the Administrator an application under paragraph (6) for
the small community-serving water system; and
‘‘(B) on receipt of a grant under this section, develop and implement a
local drinking water access program for the small community-serving water
system.
‘‘(3) LIMITATIONS.—A grant awarded under this subsection—
‘‘(A) shall not be used to replace funds for any existing similar local pro-
gram to assist low-income households in maintaining access to affordable
drinking water; but
‘‘(B) may be used to supplement or enhance such a local program.
‘‘(4) TERM.—The term of a grant awarded under this subsection shall be one
year.
‘‘(5) MINIMUM LOCAL PROGRAM REQUIREMENTS.—
‘‘(A) IN GENERAL.—Not later than 6 months after the date of enactment
of this section, the Administrator shall develop, in consultation with rel-
evant stakeholders, the minimum requirements for a local drinking water
access program.
‘‘(B) INCLUSIONS.—The local drinking water access program requirements
developed under subparagraph (A) may include—
‘‘(i) direct financial assistance;
‘‘(ii) a lifeline rate;
‘‘(iii) bill discounting;
‘‘(iv) special hardship provisions;
‘‘(v) a percentage-of-income payment plan;
‘‘(vi) water efficiency assistance, including subsidizing the cost of the
installation of water efficient fixtures or leak repair work that is car-
ried out or contracted by a homeowner; or
‘‘(vii) any other form of assistance identified by the Administrator.
‘‘(6) APPLICATION.—
‘‘(A) IN GENERAL.—To receive a grant under this subsection, an eligible
entity shall submit to the Administrator an application that demonstrates
that—
‘‘(i) the proposed local drinking water access program meets the re-
quirements developed under paragraph (5); and
‘‘(ii) the proposed local drinking water access program will treat
households that live in owner-occupied homes and households that live
in rental housing equitably.
‘‘(B) ADDITIONAL REQUIREMENTS.—In the case of an eligible entity de-
scribed in subsection (a)(1)(A), to receive a grant under this subsection, the
eligible entity shall include in an application submitted under subpara-
graph (A) information demonstrating that—
‘‘(i) the eligible entity has—
‘‘(I) a long-term financial plan based on an analysis of the rates
the applicable community water system charges for drinking water
services;
‘‘(II) an asset management plan;
‘‘(III) a capital improvement plan with a period of not less than
20 years;
‘‘(IV) a fiscal management plan; or
‘‘(V) another plan similar to the plans described in subclauses (I)
through (IV);
‘‘(ii) a grant awarded under this subsection would support the efforts
of the eligible entity to generate the necessary funds to achieve or
maintain compliance with this Act while mitigating the cost to low-in-
come households; and
‘‘(iii) the eligible entity has the capacity to create and implement an
effective community outreach plan to inform low-income households of
the local drinking water access program and assist with enrollment.
‘‘(7) PRIORITY.—In awarding grants under this subsection, the Administrator
shall give priority to applications for local drinking water access programs with
respect to which—
‘‘(A) the owner or operator of the applicable community water system—
‘‘(i) owns or operates a—
‘‘(I) treatment works (as defined in section 212 of the Federal
Water Pollution Control Act (33 U.S.C. 1292)) for municipal waste;
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or
‘‘(II) a municipal separate storm sewer system (as such term is
used in the Federal Water Pollution Control Act); and
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‘‘(ii) is subject to a consent decree relating to compliance with the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with re-
spect to a treatment works or system described in clause (i);
‘‘(B) the residential customers of the applicable community water system
have experienced rate or fee increases for drinking water services or waste-
water services (including stormwater services) of 30 percent or more during
the 3-year period ending on the date of enactment of this section; or
‘‘(C) the eligible entity will provide matching funds in an amount equal
to or greater than the amount of the grant.
‘‘(8) REPORTING REQUIREMENTS.—
‘‘(A) IN GENERAL.—As a condition of receiving a grant under this sub-
section, an eligible entity shall submit to the Administrator, in a manner
determined by the Administrator, information regarding the applicable local
drinking water access program, including—
‘‘(i) key features, including—
‘‘(I) rate structures, rebates, discounts, and related initiatives
that assist low-income households;
‘‘(II) billing methods that average rates over the course of a year,
known as ‘budget billing’;
‘‘(III) bill timing; and
‘‘(IV) procedures that ensure that households receive notice and
an opportunity to respond before service is disconnected or inter-
rupted due to nonpayment;
‘‘(ii) sources of funding;
‘‘(iii) eligibility criteria;
‘‘(iv) participation rates by households;
‘‘(v) the average amount of assistance provided to low-income house-
holds that participate in the program;
‘‘(vi) program costs;
‘‘(vii) the demonstrable impacts of the program on arrearage and
service disconnection for low-income households that participate in the
program, based on data from before and after the implementation of
the program, to the maximum extent practicable; and
‘‘(viii) other relevant information required by the Administrator.
‘‘(B) PUBLICATION.—The Administrator shall annually publish a report
that compiles and summarizes the information submitted under subpara-
graph (A).
‘‘(9) ASSISTANCE EXEMPT FROM TAXATION.—Notwithstanding any other provi-
sion of law, assistance provided to a low-income household under a local drink-
ing water access program shall not be includible in the gross income of the re-
cipient of such assistance for purposes of the Internal Revenue Code of 1986.
‘‘(c) TECHNICAL ASSISTANCE.—The Administrator shall provide technical assist-
ance to each eligible entity that receives a grant under this section to ensure—
‘‘(1) full implementation of the applicable local drinking water access pro-
gram; and
‘‘(2) maximum enrollment of low-income households in the applicable local
drinking water access program, including through—
‘‘(A) community outreach campaigns; or
‘‘(B) coordination with local health departments to determine the eligi-
bility of households for assistance.
‘‘(d) REPORT.—Not later than 2 years after the date on which grant funds are first
disbursed to an eligible entity under this section, and annually thereafter, the Ad-
ministrator shall submit to Congress a report on the results of the Federal program
established under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
to carry out this section $4,000,000,000, to remain available until expended.’’.
SEC. 3. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following:
‘‘SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED FACILITY.—The term ‘covered facility’ means—
‘‘(A) a treatment works for municipal waste; or
‘‘(B) a municipal separate storm sewer system.
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‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a municipality that owns or operates a covered facility, other than
a small community-serving wastewater facility;
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5
‘‘(B) 2 or more municipalities described in subparagraph (A) that have en-
tered into a partnership agreement or a cooperative agreement; or
‘‘(C) a State, with respect to a small community-serving wastewater facil-
ity located in the State.
‘‘(3) HOUSEHOLD.—The term ‘household’ means any individual or group of in-
dividuals who are living together as 1 economic unit.
‘‘(4) LOCAL WASTEWATER SERVICES ACCESS PROGRAM.—The term ‘local waste-
water services access program’ means a program developed or implemented by
an eligible entity using a grant awarded under this section.
‘‘(5) LOW-INCOME HOUSEHOLD.—The term ‘low-income household’ means a
household—
‘‘(A) in which 1 or more individuals are receiving—
‘‘(i) assistance under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.);
‘‘(ii) supplemental security income payments under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.);
‘‘(iii) supplemental nutrition assistance program benefits under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
‘‘(iv) payments under—
‘‘(I) section 1315, 1521, 1541, or 1542 of title 38, United States
Code; or
‘‘(II) section 306 of the Veterans’ and Survivors’ Pension Improve-
ment Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
‘‘(B) that has an income that—
‘‘(i) as determined by the State in which the household is located,
does not exceed the greater of—
‘‘(I) an amount equal to 150 percent of the poverty level; and
‘‘(II) an amount equal to 60 percent of the State median income
for that State; or
‘‘(ii) does not exceed an amount, determined by an eligible entity re-
ceiving a grant under this section, that—
‘‘(I) is lower that the amount described in clause (i); and
‘‘(II) is greater than or equal to 110 percent of the poverty level.
‘‘(6) POVERTY LEVEL.—The term ‘poverty level’ means, with respect to a house-
hold in a State, the income described in the poverty guidelines issued by the
Secretary of Health and Human Services pursuant to section 673 of the Com-
munity Services Block Grant Act (42 U.S.C. 9902), as applicable to the house-
hold.
‘‘(7) SMALL COMMUNITY-SERVING WASTEWATER FACILITY.—The term ‘small
community-serving wastewater facility’ means a covered facility that provides
services to municipality with a population of fewer than 10,000 residents, at
least 20 percent of whom are at or below the poverty level.
‘‘(8) STATE MEDIAN INCOME.—The term ‘State median income’ has the mean-
ing given that term in section 2603 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8622).
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Administrator shall establish a Federal low-income
wastewater assistance program to award grants to eligible entities to develop
and implement local wastewater access programs to assist low-income house-
holds in maintaining access to affordable wastewater services, including munic-
ipal stormwater services.
‘‘(2) REQUIREMENTS FOR SMALL COMMUNITY-SERVING WASTEWATER FACILI-
TIES.—In order for a State to be eligible to receive a grant under this section
for a small community-serving wastewater facility, the State and the small com-
munity-serving wastewater facility shall enter into a memorandum of under-
standing, under which the State shall—
‘‘(A) submit to the Administrator an application under paragraph (6) for
the small community-serving wastewater facility; and
‘‘(B) on receipt of a grant under this section, develop and implement a
local wastewater access program for the small community-serving waste-
water facility.
‘‘(3) LIMITATIONS.—A grant awarded under this subsection—
‘‘(A) shall not be used to replace funds for any existing similar local pro-
gram to assist low-income households in maintaining access to affordable
wastewater services, including municipal stormwater services; but
‘‘(B) may be used to supplement or enhance such a local program.
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‘‘(4) TERM.—The term of a grant awarded under this subsection shall be one
year.
‘‘(5) MINIMUM LOCAL PROGRAM REQUIREMENTS.—
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6
‘‘(A) IN GENERAL.—Not later than 6 months after the date of enactment
of this section, the Administrator shall develop, in consultation with rel-
evant stakeholders, the minimum requirements for a local wastewater ac-
cess program.
‘‘(B) INCLUSIONS.—The local wastewater access program requirements de-
veloped under subparagraph (A) may include—
‘‘(i) direct financial assistance;
‘‘(ii) a lifeline rate;
‘‘(iii) bill discounting;
‘‘(iv) special hardship provisions;
‘‘(v) a percentage-of-income payment plan;
‘‘(vi) water efficiency assistance, including subsidizing the cost of the
installation of water efficient fixtures or leak repair work that is car-
ried out or contracted by a homeowner; or
‘‘(vii) any other form of assistance identified by the Administrator.
‘‘(6) APPLICATION.—
‘‘(A) IN GENERAL.—To receive a grant under this subsection, an eligible
entity shall submit to the Administrator an application that demonstrates
that—
‘‘(i) the proposed local wastewater access program meets the require-
ments developed under paragraph (5); and
‘‘(ii) the proposed local wastewater access program will treat house-
holds that live in owner-occupied homes and households that live in
rental housing equitably.
‘‘(B) ADDITIONAL REQUIREMENTS.—In the case of an eligible entity de-
scribed in subsection (a)(1)(A), to receive a grant under this subsection, the
eligible entity shall include in an application submitted under subpara-
graph (A) information demonstrating that—
‘‘(i) the eligible entity has—
‘‘(I) a long-term financial plan based on an analysis of the rates
the applicable covered facility charges for services;
‘‘(II) an asset management plan;
‘‘(III) a capital improvement plan with a period of not less than
20 years;
‘‘(IV) a fiscal management plan; or
‘‘(V) another plan similar to the plans described in subclauses (I)
through (IV);
‘‘(ii) a grant awarded under this subsection would support the efforts
of the eligible entity to generate the necessary funds to achieve or
maintain compliance with this Act while mitigating the cost to low-in-
come households; and
‘‘(iii) the eligible entity has the capacity to create and implement an
effective community outreach plan to inform low-income households of
the local wastewater access program and assist with enrollment.
‘‘(7) PRIORITY.—In awarding grants under this subsection, the Administrator
shall give priority to applications for local wastewater access programs with re-
spect to which—
‘‘(A) the applicable covered facility is subject to a consent decree relating
to compliance with this Act;
‘‘(B) the residential customers of the applicable covered facility have expe-
rienced rate or fee increases for drinking water services or wastewater serv-
ices (including stormwater services) of 30 percent or more during the 3-year
period ending on the date of enactment of this section;
‘‘(C) the eligible entity develops an equivalent program, as determined by
the Administrator, that is administered separately by the eligible entity;
‘‘(D) matching funds will be provided in an amount equal to or greater
than the amount of the grant; or
‘‘(E) the eligible entity is described in subsection (a)(2)(B).
‘‘(8) REPORTING REQUIREMENTS.—
‘‘(A) IN GENERAL.—As a condition of receiving a grant under this sub-
section, an eligible entity shall submit to the Administrator, in a manner
determined by the Administrator, information regarding the applicable local
wastewater access program, including—
‘‘(i) key features, including—
‘‘(I) rate structures, rebates, discounts, and related initiatives
that assist low-income households;
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‘‘(II) billing methods that average rates over the course of a year,
known as ‘budget billing’; and
‘‘(III) bill timing;
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7
‘‘(ii) sources of funding;
‘‘(iii) eligibility criteria;
‘‘(iv) participation rates by households;
‘‘(v) the average amount of assistance provided to low-income house-
holds that participate in the program;
‘‘(vi) program costs;
‘‘(vii) the demonstrable impacts of the program on arrearage and
service disconnection for low-income households that participate in the
program, based on data from before and after the implementation of
the program, to the maximum extent practicable; and
‘‘(viii) other relevant information required by the Administrator.
‘‘(B) PUBLICATION.—The Administrator shall annually publish a report
that compiles and summarizes the information submitted under subpara-
graph (A).
‘‘(9) ASSISTANCE EXEMPT FROM TAXATION.—Notwithstanding any other provi-
sion of law, assistance provided to a low-income household under a local waste-
water access program shall not be includible in the gross income of the recipient
of such assistance for purposes of the Internal Revenue Code of 1986.
‘‘(c) TECHNICAL ASSISTANCE.—The Administrator shall provide technical assist-
ance to each eligible entity that receives a grant under this section to ensure—
‘‘(1) full implementation of the applicable local wastewater access program;
and
‘‘(2) maximum enrollment of low-income households in the applicable local
wastewater access program, including through—
‘‘(A) community outreach campaigns; or
‘‘(B) coordination with local health departments to determine the eligi-
bility of households for assistance.
‘‘(d) REPORT.—Not later than 2 years after the date on which grant funds are first
disbursed to an eligible entity under this section, and annually thereafter, the Ad-
ministrator shall submit to Congress a report on the results of the Federal program
established under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
carry out this section $4,000,000,000, to remain available until expended.’’.
SEC. 4. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME COMMUNITY
WATER ASSISTANCE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of
the Environmental Protection Agency.
(2) HOUSEHOLD.—The term ‘‘household’’ means any individual or group of in-
dividuals who are living together as 1 economic unit.
(3) LOW-INCOME HOUSEHOLD.—The term ‘‘low-income household’’ means a
household—
(A) in which 1 or more individuals are receiving—
(i) assistance under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments under title XVI of the So-
cial Security Act (42 U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance program benefits under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv) payments under—
(I) section 1315, 1521, 1541, or 1542 of title 38, United States
Code; or
(II) section 306 of the Veterans’ and Survivors’ Pension Improve-
ment Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
(B) that has an income that, as determined by the State in which the
household is located, does not exceed the greater of—
(i) an amount equal to 150 percent of the poverty level; and
(ii) an amount equal to 60 percent of the State median income for
that State.
(4) POVERTY LEVEL.—The term ‘‘poverty level’’ means, with respect to a house-
hold in a State, the income described in the poverty guidelines issued by the
Secretary of Health and Human Services pursuant to section 673 of the Com-
munity Services Block Grant Act (42 U.S.C. 9902), as applicable to the house-
hold.
(5) STATE MEDIAN INCOME.—The term ‘‘State median income’’ has the mean-
SSpencer on DSK126QN23PROD with REPORTS
ing given that term in section 2603 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8622).
(b) STUDY; REPORT.—
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8
(1) IN GENERAL.—Not later than one year after the date of enactment of this
Act, the Administrator shall conduct, and submit to Congress a report describ-
ing the results of, a study regarding the prevalence throughout the United
States of low-income households that do not have access to—
(A) affordable and functional centralized or onsite wastewater services
that protect the health of individuals in the households;
(B) affordable municipal stormwater services; or
(C) affordable public drinking water services to meet household needs.
(2) INCLUSIONS.—The report under paragraph (1) shall include—
(A) recommendations of the Administrator regarding the best methods to
increase access to the services described in paragraph (1);
(B) a description of the cost of each method described in subparagraph
(A);
(C) a description of all consultation with relevant stakeholders carried out
in developing the report; and
(D) a description of the results of the study with respect to low-income
households that live in rental housing and do not receive bills for such serv-
ices, but pay for the services indirectly through rent payments.
(3) AGREEMENTS.—The Administrator may enter into an agreement with an-
other Federal agency to carry out the study under paragraph (1).
I. PURPOSE AND SUMMARY
H.R. 3293, the ‘‘Low-Income Water Customer Assistance Pro-
grams Act of 2021’’, amends the Safe Drinking Water Act (SDWA)
and the Federal Water Pollution Control Act to establish perma-
nent rate assistance programs for low-income water customers. Mu-
nicipal water systems and states would administer the programs,
pursuant to EPA grants. The bill also directs the Environmental
Protection Agency (EPA) Administrator to provide technical assist-
ance to grant recipients and submit a report to Congress, not later
than two years after funds are first disbursed, on the results of the
program.
II. BACKGROUND AND NEED FOR LEGISLATION
Water affordability is a growing issue for millions of Americans
across the United States. According to EPA, drinking water and
wastewater services are unaffordable for nearly 14 million house-
holds.1 2 Combined drinking water and wastewater prices have in-
creased by an average of 80 percent between 2010 and 2018,
whereas federal aid to public utilities has decreased.3 4 If no action
is taken, current projections estimate the percentage of United
States households that will find water bills unaffordable could in-
crease from 11.9 percent to 35.6 percent over the next five years;
this is a nearly three-fold increase.5
Currently, EPA does not provide water rate assistance. Some
states and water and wastewater utilities have developed customer
assistance programs (CAPs) to support customers with water bill
affordability. CAPs can include bill discounts, flexible terms, life-
1 Elizabeth A. Mack, A Burgeoning Crisis? A Nationwide Assessment of the Geography of Water
Affordability in the United States, PLOS ONE (Jan. 11, 2017).
2 EPA uses 4.5% of annual household income spent on water and wastewater as a benchmark
to determine affordability criteria. See U.S. Environmental Protection Agency, Science Advisory
Board, Affordability Criteria for Small Drinking Water Systems: An EPA Science Advisory Board
Report (Dec. 2002) (EPA–SAB–EEAC–03–004).
3 Roger D. Colton, The Affordability of Water and Wastewater Service In Twelve U.S. Cities:
A Social, Business and Environmental Concern, Fisher, Sheehan & Colton (May 2020); Revealed:
millions of Americans can’t afford water as bills rise 80% in a decade, The Guardian (June 23,
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2020).
4 Congressional Budget Office, Public Spending on Transportation and Water Infrastructure,
1956 to 2014 (Mar. 2015).
5 See note 1.
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9
line rates, temporary assistance, and subsidized water efficiency
measures.6 After a review of 795 utilities across the United States,
EPA found that almost 30 percent offer one or more CAPs; the
most popular is a bill discount, followed by flexible terms.7 Low-in-
come households were the most served group by CAPs from utili-
ties. Currently, the largest proportion of utility CAP funding comes
from contributions from nonprofit organizations.8
H.R. 3293 is needed to establish a permanent federal mechanism
for assisting low-income households with drinking water and
wastewater affordability. In addition to providing financial assist-
ance to water customers across the United States, increased fund-
ing for rate assistance would offset costs for utilities that are strug-
gling to provide CAPs or sustain high levels of debt brought about
by nonpayment.
III. COMMITTEE HEARINGS
For the purposes of section 3(c) of rule XIII of the Rules of the
House of Representatives, the following hearing was used to de-
velop or consider H.R. 3293:
The Subcommittee on Environment and Climate Change held a
legislative hearing on May 25, 2021. The hearing was entitled,
‘‘The CLEAN Future Act and Drinking Water: Legislation to En-
sure Drinking Water is Safe and Clean.’’ The Subcommittee re-
ceived testimony from the following witness:
• Jennifer McLain, Ph.D., Director, Office of Ground Water
and Drinking Water, U.S. Environmental Protection Agency.
IV. COMMITTEE CONSIDERATION
Representatives Lisa Blunt Rochester (D–DE), John Katko (R–
NY), Debbie Dingell (D–MI), and Rashida Tlaib (D–MI) introduced
H.R. 3293, the ‘‘Low-Income Water Customer Assistance Programs
Act of 2021’’, on May 18, 2021, which was referred to the Com-
mittee on Energy and Commerce. Subsequently, on May 21, 2021,
H.R. 3293 was referred to the Subcommittee on Environment and
Climate Change. A legislative hearing was held on the bill on May
25, 2021.
The Subcommittee on Environment and Climate Change met in
virtual open markup session, pursuant to notice, to consider H.R.
3293 and two other bills on June 16, 2021. During consideration of
the bill, an amendment in the nature of a substitute (AINS) offered
by Representative Blunt Rochester was agreed to by a voice vote.
An amendment to the Blunt Rochester AINS, offered by Represent-
ative Duncan (R–SC), was withdrawn. Upon conclusion of consider-
ation of the bill, the Subcommittee ordered H.R. 3293 reported fa-
vorably to the full Committee, amended, by a voice vote.
On June 23, 2021, the full Committee met in open markup ses-
sion, pursuant to notice, to consider H.R. 3293 and two other bills.
During consideration of the bill, an amendment, offered by Rep-
resentative Duncan, was defeated by a recorded vote of 24 yeas to
32 nays (Roll call No. 32). An amendment, offered by Representa-
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6 U.S. Environmental Protection Agency, Drinking Water and Wastewater Utility Customer As-
sistance Programs (Apr. 2016).
7 Id.
8 Id.
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10
tive Crenshaw (R–TX), was withdrawn. Upon conclusion of consid-
eration of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone (D–NJ), Chairman of the
Committee, to order H.R. 3923 reported favorably to the House,
amended, by a recorded vote of 32 yeas to 24 nays (Roll call No.
33), a quorum being present.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list each record vote on the motion
to report legislation and amendments thereto. The Committee ad-
vises that there were two record votes taken on H.R. 3293, includ-
ing a motion by Chairman Pallone ordering H.R. 3293 favorably re-
ported to the House, amended. The motion on final passage of the
bill was approved by a record vote of 32 yeas to 24 nays. The fol-
lowing are the record votes taken during Committee consideration,
including the names of those members voting for and against:
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11
QConmuttee on €nergp a:nb flommerce:
117"' Congress
Full Committee
(ratw: 32-26)
ROLL CALL VOTE #32
Bill H.R. 3293, the "Low-Income Water Customer Assistance Programs Act of 2021"
Amendment· An amendment (3293FC_0l), offered by Mr Duncan of South Carolina, No. I
Disposition NOT AGREED TO by a roll call vote of 24 yeas to 32 nays
~REPRESENTATIVE
Pallone
YEAS
~
X Mrs. Rodgers X
Rush X Mr. Upton X
Ms. Eshoo X Mr. Burgess
Ms.DeGette X Mr Scalise X
Mr.Dovie X Mr Latta X
Ms. Schakowsky X Mr Guthrie X
Mr. Butterfield X Mr McKinley X
Ms.Matsui X Mr.Kmzmger X
Ms. Castor X Mr Griffith
Mr. Sarbanes X Mr.Bilirakis X
Mr McNerney X Mr. Johnson X
Mr. Welch X Mr Long X
Mr. Tonko X Mr Bucshon X
Ms. Clarke X Mr Mullin X
Mr. Schrader X Mr Hudson X
Mr. Cardenas X Mr. Walberg X
Mr.RUIZ X Mr. Carter X
Mr Peters X Mr.Duncan X
\/!rs, Dingell X Mr. Palmer X
\>fr, Veasey X Mr.Dunn X
ils. Kuster X Mr. Curtis X
ils.Kellv X Ms.Lesko X
ils. Barragan X Mr. Pence X
ilr. McEachin X Mr. Crenshaw X
~ Blunt Rochester X Mr. Joyce X
Soto X Mr. Armstrong X
\>fr. O'Halleran X
\/Is. Rice X
Ms. Craig X
Ms. Schrier X
Ms. Trahan X
Ms. Fletcher X
06/2-1/21
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12
Qtommttte.e on Qen.ergp anll Qtommeru
117" Congress
Full Committee
(ratio: 32-26)
ROLL CALL VOTE #3 3
Bill· H.R. 3293, the "Assistance, Quality, and Affordability Act of2021"
Motion: A motion by Mr. Pallone of New Jersey to order H.R. 3293 transmitted favorably
to the House, amended (Final Passage)
Disposition: AGREED TO by a roll call vote of 32 yeas to 24 nays
REPRESENTATIVE YEAS NAYS PRESENT REPRESENTATIVE YEAS NAYS PRESENT
\fr Pallone X Mrs. Rodgers X
\fr. Rush X Mr.Upton X
\fs. Eshoo X Mr. Burgess X
\ils._QeGette X Mr._Scalise X
\fr Doyle X Mr Latta X
\1s. Schakowsky X Mr. Guthrie X
\fr Butterfield X Mr. McKinley X
\fs.Matsm X Mr Kinzinger X
Ms. Castor X Mr Griffith
Mr. Sarbanes X Mr. B1hrakis X
!Mr McNerney X Mr. Johnson X
IMr. Welch X Mr Long X
iMr Tonko X Mr.Bucshon X
IMs Clarke X Mr Mullin
IMr. Schrader X Mr. Hudson X
IMr Cardenas X Mr. Walberg X
!Mr.Ruiz X Mr. Carter X
IMr. Peters X Mr.Duncan X
IMrs.Dmgell X Mr. Palmer X
Mr Veasey X Mr.Dunn X
IMs Kuster X Mr. Curtis X
!Ms.Kelly X Ms.Lesko X
IMs. Barrallan X Mr Pence X
Mr. McEachin X Mr. Crenshaw X
IMs Blunt Rochester X Mr.Joyce X
IMr. Soto X Mr Armstrong X
Mr. O'Halleran X
1,µs. Rice X
Ms. Craig X
Ms. Schner X
Ms. Trahan X
Ms. Fletcher X
06/23/21
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13
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) of rule
X of the Rules of the House of Representatives, the oversight find-
ings and recommendations of the Committee are reflected in the
descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House of Rep-
resentatives, the Committee adopts as its own the estimate of new
budget authority, entitlement authority, or tax expenditures or rev-
enues contained in the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
The Committee has requested but not received from the Director
of the Congressional Budget Office a statement as to whether this
bill contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax expendi-
tures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general performance
goal or objective of this legislation is to establish permanent pro-
grams administered by EPA to assist low-income households in
maintaining access to drinking water and wastewater services.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 3293
is known to be duplicative of another Federal program, including
any program that was included in a report to Congress pursuant
to section 21 of Public Law 111–139 or the most recent Catalog of
Federal Domestic Assistance. The permanent programs established
by this bill will complement the emergency program established
under the Consolidated Appropriations Act of 2021.9
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as
its own the cost estimate prepared by the Director of the Congres-
sional Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
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9 H.R. 133, 116th Cong. (2020).
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14
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee
finds that H.R. 3293 contains no earmarks, limited tax benefits, or
limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of the
Federal Advisory Committee Act was created by this legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as the
‘‘Low-Income Water Customer Assistance Programs Act of 2021’’.
Sec. 2. Low-Income Drinking Water Assistance Program
Section 2 directs the EPA Administrator to establish a Federal
low-income drinking water assistance program to award grants to
eligible entities to develop and implement local drinking water ac-
cess programs. Such programs would be used to assist low-income
households in maintaining access to affordable drinking water. Mu-
nicipal water systems and states would administer the programs,
pursuant to EPA grants. The bill allows large water systems to
apply directly and allows smaller systems to apply through states
to reduce the application burden on such systems.
Section 2 also directs the Administrator to provide technical as-
sistance to grant recipients and submit a report to Congress, not
later than two years after funds are dispersed, on the results of the
program. This section authorizes $4 billion, to remain available
until expended.
Sec. 3. Low-Income Wastewater Assistance Program
Section 3 directs the Administrator to establish a Federal low-in-
come wastewater assistance program to award grants to eligible
entities to develop and implement local wastewater access pro-
grams to assist low-income households in maintaining access to af-
fordable wastewater services, including municipal stormwater serv-
ices. The grant program follows the same design as the grant pro-
gram in section 2. This section also authorizes $4 billion, to remain
available until expended.
Sec. 4. Needs assessment for Nationwide Rural and Urban Low-In-
come Community Water Assistance Program
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Section 4 directs the Administrator to conduct a needs assess-
ment for nationwide rural and urban low-income community water
assistance program. In addition, the Administrator will submit a
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15
report to Congress, not later than one year after enactment, de-
scribing the results of the study.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (new matter is printed in italics
and existing law in which no change is proposed is shown in
roman):
SAFE DRINKING WATER ACT
TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS
* * * * * * *
PART E—GENERAL PROVISIONS
* * * * * * *
SEC. 1459E. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a community water system that is owned or operated
by a municipality, other than a small community-serving
water system; or
(B) a State, with respect to a small community-serving
water system located in the State.
(2) HOUSEHOLD.—The term ‘‘household’’ means any indi-
vidual or group of individuals who are living together as 1 eco-
nomic unit.
(3) LOCAL DRINKING WATER ACCESS PROGRAM.—The term
‘‘local drinking water access program’’ means a program devel-
oped or implemented by an eligible entity using a grant award-
ed under this section.
(4) LOW-INCOME HOUSEHOLD.—The term ‘‘low-income house-
hold’’ means a household—
(A) in which 1 or more individuals are receiving—
(i) assistance under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
(ii) supplemental security income payments under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.);
(iii) supplemental nutrition assistance program bene-
fits under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); or
(iv) payments under—
(I) section 1315, 1521, 1541, or 1542 of title 38,
United States Code; or
(II) section 306 of the Veterans’ and Survivors’
Pension Improvement Act of 1978 (38 U.S.C. 1521
note; Public Law 95–588); or
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(B) that has an income that—
(i) as determined by the State in which the house-
hold is located, does not exceed the greater of—
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16
(I) an amount equal to 150 percent of the poverty
level; and
(II) an amount equal to 60 percent of the State
median income for that State; or
(ii) does not exceed an amount, determined by an eli-
gible entity receiving a grant under this section, that—
(I) is lower that the amount described in clause
(i); and
(II) is greater than or equal to 110 percent of the
poverty level.
(5) POVERTY LEVEL.—The term ‘‘poverty level’’ means, with re-
spect to a household in a State, the income described in the pov-
erty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the house-
hold.
(6) SMALL COMMUNITY-SERVING WATER SYSTEM.—The term
‘‘small community-serving water system’’ means a community
water system that provides drinking water services to a munici-
pality with a population of fewer than 10,000 residents, at least
20 percent of whom are at or below the poverty level.
(7) STATE MEDIAN INCOME.—The term ‘‘State median income’’
has the meaning given that term in section 2603 of the Low-In-
come Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Administrator shall establish a Federal
low-income drinking water assistance program to award grants
to eligible entities to develop and implement local drinking
water access programs to assist low-income households in
maintaining access to affordable drinking water.
(2) REQUIREMENTS FOR SMALL COMMUNITY-SERVING WATER
SYSTEMS.—In order for a State to be eligible to receive a grant
under this section for a small community-serving water system,
the State and the small community-serving water system shall
enter into a memorandum of understanding, under which the
State shall—
(A) submit to the Administrator an application under
paragraph (6) for the small community-serving water sys-
tem; and
(B) on receipt of a grant under this section, develop and
implement a local drinking water access program for the
small community-serving water system.
(3) LIMITATIONS.—A grant awarded under this subsection—
(A) shall not be used to replace funds for any existing
similar local program to assist low-income households in
maintaining access to affordable drinking water; but
(B) may be used to supplement or enhance such a local
program.
(4) TERM.—The term of a grant awarded under this sub-
section shall be one year.
(5) MINIMUM LOCAL PROGRAM REQUIREMENTS.—
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(A) IN GENERAL.—Not later than 6 months after the date
of enactment of this section, the Administrator shall de-
velop, in consultation with relevant stakeholders, the min-
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17
imum requirements for a local drinking water access pro-
gram.
(B) INCLUSIONS.—The local drinking water access pro-
gram requirements developed under subparagraph (A) may
include—
(i) direct financial assistance;
(ii) a lifeline rate;
(iii) bill discounting;
(iv) special hardship provisions;
(v) a percentage-of-income payment plan;
(vi) water efficiency assistance, including subsidizing
the cost of the installation of water efficient fixtures or
leak repair work that is carried out or contracted by a
homeowner; or
(vii) any other form of assistance identified by the
Administrator.
(6) APPLICATION.—
(A) IN GENERAL.—To receive a grant under this sub-
section, an eligible entity shall submit to the Administrator
an application that demonstrates that—
(i) the proposed local drinking water access program
meets the requirements developed under paragraph (5);
and
(ii) the proposed local drinking water access program
will treat households that live in owner-occupied homes
and households that live in rental housing equitably.
(B) ADDITIONAL REQUIREMENTS.—In the case of an eligi-
ble entity described in subsection (a)(1)(A), to receive a
grant under this subsection, the eligible entity shall include
in an application submitted under subparagraph (A) infor-
mation demonstrating that—
(i) the eligible entity has—
(I) a long-term financial plan based on an anal-
ysis of the rates the applicable community water
system charges for drinking water services;
(II) an asset management plan;
(III) a capital improvement plan with a period of
not less than 20 years;
(IV) a fiscal management plan; or
(V) another plan similar to the plans described
in subclauses (I) through (IV);
(ii) a grant awarded under this subsection would
support the efforts of the eligible entity to generate the
necessary funds to achieve or maintain compliance
with this Act while mitigating the cost to low-income
households; and
(iii) the eligible entity has the capacity to create and
implement an effective community outreach plan to in-
form low-income households of the local drinking water
access program and assist with enrollment.
(7) PRIORITY.—In awarding grants under this subsection, the
Administrator shall give priority to applications for local drink-
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ing water access programs with respect to which—
(A) the owner or operator of the applicable community
water system—
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18
(i) owns or operates a—
(I) treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C.
1292)) for municipal waste; or
(II) a municipal separate storm sewer system (as
such term is used in the Federal Water Pollution
Control Act); and
(ii) is subject to a consent decree relating to compli-
ance with the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) with respect to a treatment works
or system described in clause (i);
(B) the residential customers of the applicable community
water system have experienced rate or fee increases for
drinking water services or wastewater services (including
stormwater services) of 30 percent or more during the 3-
year period ending on the date of enactment of this section;
or
(C) the eligible entity will provide matching funds in an
amount equal to or greater than the amount of the grant.
(8) REPORTING REQUIREMENTS.—
(A) IN GENERAL.—As a condition of receiving a grant
under this subsection, an eligible entity shall submit to the
Administrator, in a manner determined by the Adminis-
trator, information regarding the applicable local drinking
water access program, including—
(i) key features, including—
(I) rate structures, rebates, discounts, and re-
lated initiatives that assist low-income households;
(II) billing methods that average rates over the
course of a year, known as ‘‘budget billing’’;
(III) bill timing; and
(IV) procedures that ensure that households re-
ceive notice and an opportunity to respond before
service is disconnected or interrupted due to non-
payment;
(ii) sources of funding;
(iii) eligibility criteria;
(iv) participation rates by households;
(v) the average amount of assistance provided to low-
income households that participate in the program;
(vi) program costs;
(vii) the demonstrable impacts of the program on ar-
rearage and service disconnection for low-income
households that participate in the program, based on
data from before and after the implementation of the
program, to the maximum extent practicable; and
(viii) other relevant information required by the Ad-
ministrator.
(B) PUBLICATION.—The Administrator shall annually
publish a report that compiles and summarizes the infor-
mation submitted under subparagraph (A).
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(9) ASSISTANCE EXEMPT FROM TAXATION.—Notwithstanding
any other provision of law, assistance provided to a low-income
household under a local drinking water access program shall
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19
not be includible in the gross income of the recipient of such as-
sistance for purposes of the Internal Revenue Code of 1986.
(c) TECHNICAL ASSISTANCE.—The Administrator shall provide
technical assistance to each eligible entity that receives a grant
under this section to ensure—
(1) full implementation of the applicable local drinking water
access program; and
(2) maximum enrollment of low-income households in the ap-
plicable local drinking water access program, including
through—
(A) community outreach campaigns; or
(B) coordination with local health departments to deter-
mine the eligibility of households for assistance.
(d) REPORT.—Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity under this section, and
annually thereafter, the Administrator shall submit to Congress a
report on the results of the Federal program established under this
section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $4,000,000,000, to remain
available until expended.
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
TITLE I—RESEARCH AND RELATED PROGRAMS
* * * * * * *
SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) COVERED FACILITY.—The term ‘‘covered facility’’ means—
(A) a treatment works for municipal waste; or
(B) a municipal separate storm sewer system.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a municipality that owns or operates a covered facil-
ity, other than a small community-serving wastewater facil-
ity;
(B) 2 or more municipalities described in subparagraph
(A) that have entered into a partnership agreement or a co-
operative agreement; or
(C) a State, with respect to a small community-serving
wastewater facility located in the State.
(3) HOUSEHOLD.—The term ‘‘household’’ means any indi-
vidual or group of individuals who are living together as 1 eco-
nomic unit.
(4) LOCAL WASTEWATER SERVICES ACCESS PROGRAM.—The
term ‘‘local wastewater services access program’’ means a pro-
gram developed or implemented by an eligible entity using a
grant awarded under this section.
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(5) LOW-INCOME HOUSEHOLD.—The term ‘‘low-income house-
hold’’ means a household—
(A) in which 1 or more individuals are receiving—
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20
(i) assistance under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
(ii) supplemental security income payments under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.);
(iii) supplemental nutrition assistance program bene-
fits under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); or
(iv) payments under—
(I) section 1315, 1521, 1541, or 1542 of title 38,
United States Code; or
(II) section 306 of the Veterans’ and Survivors’
Pension Improvement Act of 1978 (38 U.S.C. 1521
note; Public Law 95–588); or
(B) that has an income that—
(i) as determined by the State in which the house-
hold is located, does not exceed the greater of—
(I) an amount equal to 150 percent of the poverty
level; and
(II) an amount equal to 60 percent of the State
median income for that State; or
(ii) does not exceed an amount, determined by an eli-
gible entity receiving a grant under this section, that—
(I) is lower that the amount described in clause
(i); and
(II) is greater than or equal to 110 percent of the
poverty level.
(6) POVERTY LEVEL.—The term ‘‘poverty level’’ means, with re-
spect to a household in a State, the income described in the pov-
erty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the house-
hold.
(7) SMALL COMMUNITY-SERVING WASTEWATER FACILITY.—The
term ‘‘small community-serving wastewater facility’’ means a
covered facility that provides services to municipality with a
population of fewer than 10,000 residents, at least 20 percent of
whom are at or below the poverty level.
(8) STATE MEDIAN INCOME.—The term ‘‘State median income’’
has the meaning given that term in section 2603 of the Low-In-
come Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Administrator shall establish a Federal
low-income wastewater assistance program to award grants to
eligible entities to develop and implement local wastewater ac-
cess programs to assist low-income households in maintaining
access to affordable wastewater services, including municipal
stormwater services.
(2) REQUIREMENTS FOR SMALL COMMUNITY-SERVING WASTE-
WATER FACILITIES.—In order for a State to be eligible to receive
a grant under this section for a small community-serving waste-
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water facility, the State and the small community-serving
wastewater facility shall enter into a memorandum of under-
standing, under which the State shall—
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21
(A) submit to the Administrator an application under
paragraph (6) for the small community-serving wastewater
facility; and
(B) on receipt of a grant under this section, develop and
implement a local wastewater access program for the small
community-serving wastewater facility.
(3) LIMITATIONS.—A grant awarded under this subsection—
(A) shall not be used to replace funds for any existing
similar local program to assist low-income households in
maintaining access to affordable wastewater services, in-
cluding municipal stormwater services; but
(B) may be used to supplement or enhance such a local
program.
(4) TERM.—The term of a grant awarded under this sub-
section shall be one year.
(5) MINIMUM LOCAL PROGRAM REQUIREMENTS.—
(A) IN GENERAL.—Not later than 6 months after the date
of enactment of this section, the Administrator shall de-
velop, in consultation with relevant stakeholders, the min-
imum requirements for a local wastewater access program.
(B) INCLUSIONS.—The local wastewater access program
requirements developed under subparagraph (A) may in-
clude—
(i) direct financial assistance;
(ii) a lifeline rate;
(iii) bill discounting;
(iv) special hardship provisions;
(v) a percentage-of-income payment plan;
(vi) water efficiency assistance, including subsidizing
the cost of the installation of water efficient fixtures or
leak repair work that is carried out or contracted by a
homeowner; or
(vii) any other form of assistance identified by the
Administrator.
(6) APPLICATION.—
(A) IN GENERAL.—To receive a grant under this sub-
section, an eligible entity shall submit to the Administrator
an application that demonstrates that—
(i) the proposed local wastewater access program
meets the requirements developed under paragraph (5);
and
(ii) the proposed local wastewater access program
will treat households that live in owner-occupied homes
and households that live in rental housing equitably.
(B) ADDITIONAL REQUIREMENTS.—In the case of an eligi-
ble entity described in subsection (a)(1)(A), to receive a
grant under this subsection, the eligible entity shall include
in an application submitted under subparagraph (A) infor-
mation demonstrating that—
(i) the eligible entity has—
(I) a long-term financial plan based on an anal-
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ysis of the rates the applicable covered facility
charges for services;
(II) an asset management plan;
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(III) a capital improvement plan with a period of
not less than 20 years;
(IV) a fiscal management plan; or
(V) another plan similar to the plans described
in subclauses (I) through (IV);
(ii) a grant awarded under this subsection would
support the efforts of the eligible entity to generate the
necessary funds to achieve or maintain compliance
with this Act while mitigating the cost to low-income
households; and
(iii) the eligible entity has the capacity to create and
implement an effective community outreach plan to in-
form low-income households of the local wastewater ac-
cess program and assist with enrollment.
(7) PRIORITY.—In awarding grants under this subsection, the
Administrator shall give priority to applications for local waste-
water access programs with respect to which—
(A) the applicable covered facility is subject to a consent
decree relating to compliance with this Act;
(B) the residential customers of the applicable covered fa-
cility have experienced rate or fee increases for drinking
water services or wastewater services (including stormwater
services) of 30 percent or more during the 3-year period
ending on the date of enactment of this section;
(C) the eligible entity develops an equivalent program, as
determined by the Administrator, that is administered sep-
arately by the eligible entity;
(D) matching funds will be provided in an amount equal
to or greater than the amount of the grant; or
(E) the eligible entity is described in subsection (a)(2)(B).
(8) REPORTING REQUIREMENTS.—
(A) IN GENERAL.—As a condition of receiving a grant
under this subsection, an eligible entity shall submit to the
Administrator, in a manner determined by the Adminis-
trator, information regarding the applicable local waste-
water access program, including—
(i) key features, including—
(I) rate structures, rebates, discounts, and re-
lated initiatives that assist low-income households;
(II) billing methods that average rates over the
course of a year, known as ‘‘budget billing’’; and
(III) bill timing;
(ii) sources of funding;
(iii) eligibility criteria;
(iv) participation rates by households;
(v) the average amount of assistance provided to low-
income households that participate in the program;
(vi) program costs;
(vii) the demonstrable impacts of the program on ar-
rearage and service disconnection for low-income
households that participate in the program, based on
data from before and after the implementation of the
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program, to the maximum extent practicable; and
(viii) other relevant information required by the Ad-
ministrator.
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23
(B) PUBLICATION.—The Administrator shall annually
publish a report that compiles and summarizes the infor-
mation submitted under subparagraph (A).
(9) ASSISTANCE EXEMPT FROM TAXATION.—Notwithstanding
any other provision of law, assistance provided to a low-income
household under a local wastewater access program shall not
be includible in the gross income of the recipient of such assist-
ance for purposes of the Internal Revenue Code of 1986.
(c) TECHNICAL ASSISTANCE.—The Administrator shall provide
technical assistance to each eligible entity that receives a grant
under this section to ensure—
(1) full implementation of the applicable local wastewater ac-
cess program; and
(2) maximum enrollment of low-income households in the ap-
plicable local wastewater access program, including through—
(A) community outreach campaigns; or
(B) coordination with local health departments to deter-
mine the eligibility of households for assistance.
(d) REPORT.—Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity under this section, and
annually thereafter, the Administrator shall submit to Congress a
report on the results of the Federal program established under this
section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated carry out this section $4,000,000,000, to remain
available until expended.
* * * * * * *
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XVII. MINORITY VIEWS
We cannot support the version of H.R. 3293, the Low-Income
Water Customer Assistance Program, that was reported by the
Committee.
There are Americans who would benefit from aid to meet their
water bills. But this bill is not the answer, especially in view of ex-
isting efforts.
First, this would be the first income-based or welfare program of
any kind at the Environmental Protection Agency (EPA). H.R. 3293
creates a permanent, new income support program at EPA even
though EPA’s Director of the Office of Ground Water and Drinking
Water, Dr. Jennifer McLain, testified before the Subcommittee on
Environment and Climate Change that EPA does not have the in-
house experience or the infrastructure in place to carry out this
program. In fact, Dr. McLain mentioned that the Department of
Health and Human Services (HHS) is currently in charge of an in-
voice aid program for water and wastewater customers—HHS has
also been running the Low-Income Home Energy Assistance Pro-
gram for decades.
Second, this legislation creates a two-tiered system for large and
medium sized, publicly owned drinking water systems and every-
one else. Privately-owned or operated systems and public drinking
water utilities serving less than 10,000 people with a poverty level
of 20 percent of greater must go through their states to obtain
funding.
This is an arbitrary way to decide who can get money straight
from the Federal government and who has to beg for it from a
third party.
Third, the legislation explicitly says that its aid is meant to be
additive to programs that already exists.
Congress has already spent at least $1.1 billion on water rate as-
sistance in the last six months. This money was for temporary pro-
grams—$638 million in the Consolidated Appropriations Act, 2021,
and $500 million in the American Rescue Plan Act of 2021. H.R.
3292 would add another $8 billion.
Republicans on the Energy and Commerce committee have asked
repeatedly for an accounting of how this money has been spent, but
the Biden Administration continues to ignore those requests. We
need to know how this money is being spent before we consider a
permanent, new income support program at EPA.
Fourth, the legislation creates new missions for EPA and public
health departments, which focus on the active recruitment of par-
ticipant to demonstrate the need for the program. This raises legiti-
mate questions about the real purpose of this program.
Fifth, for those hoping this new program will subsidize rate in-
creases that result from new, more stringent water regulations, we
believe that trust is misplaced. Regulatory requirements are a
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25
guarantee, but annual appropriations to offset the costs of those
regulations are always uncertain.
This program is an acknowledgement that the Democrats’ poli-
cies will: (1) increase costs, (2) fall most heavily on working class,
middle-income Americans, and small businesses, and (3) place the
Federal government in local utility pricing impacts.
Sixth, the bill removes an economic incentive for water conserva-
tion. Especially in the western United States, water scarcity and
drought are increasingly urgent concerns. This bill creates a dis-
incentive to use less water—it will strain on environmental and so-
cietal resources.
Finally, and most importantly, this bill requires a study on water
affordability to determine if there is a problem, how big it is, and
the best ways to solve it only after spending $8 billion on the pro-
gram. This is nonsensical. That is why during the Energy and
Commerce Committee markup, Republicans offered and unani-
mously supported an amendment to pause this program until after
the study is completed. Then, after Congress has information on
the size and scope of this problem, we can craft a bipartisan and
tailored solution.
This bill is well-meaning, but we urge a more cautious approach
that is fair to all of the communities we represent. H.R. 3293 falls
short of that standard, and we must oppose it in its current form.
CATHY MCMORRIS RODGERS,
Republican Leader, Energy
and Commerce Committee.
DAVID B. MCKINLEY,
Republican Leader, Sub-
committee on Environment
and Climate Change.
Æ
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