S. 1730

119 S1730 IS: Water Affordability, Transparency, Equity, and Reliability Act of 2025
 U.S. Senate
 2025-05-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 1730
  IN THE SENATE OF THE UNITED STATES
  May 13, 2025
  Mr. Sanders  (for himself,  Mr. Blumenthal ,  Ms.
  Warren ,  Mr. Wyden ,  Mr. Merkley , and  Mr.
  Markey ) introduced the following bill; which was read twice and
  referred to the  Committee on Environment and
  Public Works
  A BILL
To provide adequate funding for water and sewer infrastructure, and for
  other purposes.
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
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
Sec. 3. Water affordability, transparency, equity, and reliability.
Sec. 4. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection.
Sec. 5. Use of State revolving funds under the Federal Water Pollution Control Act.
Sec. 6. Use of State revolving loan funds under the Safe Drinking Water Act.
Sec. 7. Drinking water grant programs.
Sec. 8. Labor provisions.
Sec. 9. Drinking water assistance to colonias.
2.
Definition of Administrator
In this Act, the term  Administrator  means the Administrator of the Environmental Protection Agency.
3.
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—
(A)
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) );
(B)
not more than $525,000,000 for making grants under section 106 of that Act ( 33 U.S.C. 1256 );
(C)
not more than $875,000,000 for making grants under section 226 of that Act ( 33 U.S.C. 1302d );
(D)
not more than $875,000,000 for making grants under section 319 of that Act ( 33 U.S.C. 1329 ); and
(E)
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—
(A)
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) );
(B)
not more than $14,787,000,000 for making capitalization grants under section 1452 of that Act ( 42 U.S.C. 300j–12 );
(C)
not more than $175,000,000 for making grants under section 1456 of that Act ( 42 U.S.C. 300j–16 ) and for making grants under section 307 of the Safe Drinking Water Act Amendments of 1996 ( 33 U.S.C. 1281  note;  Public Law 104–182 ); and
(D)
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  Secretary ) shall obligate, for the fiscal year—
(A)
not more than $175,000,000 for making grants under section 306C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c ) to entities described in subsection (c) of that section; and
(B)
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  Secretary ), 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—
(A)
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. );
(B)
pursuant to section 7 of the Act of August 5, 1954 (68 Stat. 674, chapter 658;  42 U.S.C. 2004a ); or
(C)
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 ( 7 U.S.C. 1926c(e)(1) ) is amended by inserting  through fiscal year 2025  after  each fiscal year  each place it appears.
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—
(A)
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
(B)
the effectiveness of funding under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) and under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) for promoting affordable, equitable, transparent, and reliable water and sewer service.
(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—
(A)
discriminatory practices of water and sewer service providers;
(B)
discriminatory practices of State program administrators in allocating funding; and
(C)
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 ( 42 U.S.C. 2000d et seq. ) with respect to equal access to water and sewer services.
(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 ( 42 U.S.C. 300f )) and sewer services with respect to public participation in—
(A)
the decision to undergo that regionalization; and
(B)
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—
(A)
people living without water or sewer services;
(B)
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;
(C)
tax liens and foreclosures due to unpaid water service charges; and
(D)
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—
(1)
the results of the study conducted under subsection (a)(1); and
(2)
recommendations for utility companies, Federal agencies, and States relating to those results.
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 ( 33 U.S.C. 1382(b) ) is amended—
(1)
in paragraph (2), by striking  which will be made to the State with funds to be made available  and inserting  that were made to the State with funds made available for fiscal year 2021 ;
(2)
in paragraph (13)(B)(iii), by striking  and  at the end;
(3)
in paragraph (14), by striking the period at the end and inserting a semicolon; and
(4)
by adding at the end the following:
(15)
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
  .
(b)
Projects and activities eligible for assistance
Section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ) is amended—
(1)
in paragraph (11)(B), by striking  and  at the end;
(2)
in paragraph (12)(B), by striking the period at the end and inserting  ; and ; and
(3)
by adding at the end the following:
(13)
to any municipality or intermunicipal, interstate, or State agency for—
(A)
purchasing from a willing or unwilling seller a privately owned treatment works; and
(B)
expenses related to canceling a contract for the operation or management of a publicly owned treatment works.
  .
(c)
Increasing the amount of additional subsidization by the State
Section 603(i)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(i)(3) ) is amended by striking subparagraph (B) and inserting the following:
(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.
  .
6.
Use of State revolving loan funds under the Safe Drinking Water Act
Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)—
(i)
in subparagraph (A), by inserting  publicly owned, operated, and managed  before  community water systems ; 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.
  ; and
(B)
by adding at the end the following:
(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.
  ;
(2)
in subsection (d), by striking paragraph (2) and inserting 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.
  ;
(3)
in subsection (e), by striking  to be made to the State  and inserting  that was made to the State in fiscal year 2021 ;
(4)
in subsection (g)(3)—
(A)
by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
(B)
in the undesignated matter following clause (iii) (as so redesignated), by striking  The guidance and regulations shall also  and inserting the following:
(B)
Generally accepted accounting standards
The guidance and regulations required under subparagraph (A) shall
  ;
(C)
in the matter preceding clause (i) (as so redesignated), by striking  The Administrator  and inserting the following:
(A)
In general
The Administrator
  ; and
(D)
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.
  ; and
(5)
in subsection (k)(1), by adding at the end the following:
(E)
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.
(F)
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.
(G)
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.
  .
7.
Drinking water grant programs
(a)
School drinking water improvement
Section 1465 of the Safe Drinking Water Act ( 42 U.S.C. 300j–25 ) is amended—
(1)
in the section heading, by striking
fountain   and inserting
infrastructure  ;
(2)
in subsection (a), by striking  fountains manufactured prior to 1988  and inserting  infrastructure ; and
(3)
by striking subsection (b) and inserting the following:
(b)
Use of funds
Funds awarded under the grant program may be used to pay costs associated with—
(1)
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
(2)
monitoring and reporting of lead levels in the drinking water of schools, as determined appropriate by the Administrator.
  .
(b)
Tribal drinking water
Section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) ) is amended, in the first sentence—
(1)
by striking  1 1/2  and inserting  3 ; and
(2)
by striking  may  and inserting  shall .
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 ( 33 U.S.C. 1372 , 1382(b)(6)) and section 1450(e) of the Safe Drinking Water Act ( 42 U.S.C. 300j–9(e) ) to projects carried out under those Acts.
(b)
Project labor agreements
(1)
Clean water revolving funds
Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) ) (as amended by section 5(a)), is amended by adding at the end the following:
(16)
the State will—
(A)
permit recipients of assistance under this title to enter into agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ) (commonly known as  project labor agreements ) with respect to projects for building or construction carried out with that assistance; and
(B)
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 ( 42 U.S.C. 300j–12 ) is amended—
(A)
in subsection (a) (as amended by section 6(1)(B)), by adding at the end the following:
(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 ( 29 U.S.C. 158(f) ) (commonly known as  project labor agreements ) with respect to projects for building or construction carried out with that assistance.
  ; and
(B)
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 ( 29 U.S.C. 158(f) ) (commonly known as  project labor agreements ).
  .
9.
Drinking water assistance to colonias
Section 1456 of the Safe Drinking Water Act ( 42 U.S.C. 300j–16 ) is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraph (2) as paragraph (3); and
(B)
by inserting after paragraph (1) the following:
(2)
Covered entity
The term  covered entity  means each of the following:
(A)
A border State.
(B)
A local government with jurisdiction over an eligible community.
  ;
(2)
in subsection (b)—
(A)
by striking  of the Environmental Protection Agency ; and
(B)
by striking  border State  and inserting  covered entity ;
(3)
by striking subsection (d); and
(4)
by redesignating subsection (e) as subsection (d).