42 U.S.C. § 300j–19b
Reducing lead in drinking water
The term “lead reduction project” does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.
The term “low-income”, with respect to assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under section 300j–12(d)(3) of this title.
The term “lead service line” means a pipe and its fittings, which are not lead free (as defined in section 300g–6(d) of this title), that connect the drinking water main to the building inlet.
The term “nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.
The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.
Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.
The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.
Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters.
The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service lines.
Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
The term “eligible entity” means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying.
The term “pilot program” means the pilot program established under paragraph (2).
The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities.
To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended.
There is authorized to be appropriated to carry out this section (except for subsection (d)) $100,000,000 for each of fiscal years 2022 through 2026.
2021—Subsec. (a)(1)(D). Pub. L. 117–58, § 50105(1)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “a qualified nonprofit organization, as determined by the Administrator, servicing a public water system; and”.
Subsec. (a)(2)(A)(i). Pub. L. 117–58, § 50105(1)(B)(i), struck out “publicly owned” before “lead”.
Subsec. (a)(2)(A)(iii). Pub. L. 117–58, § 50105(1)(B)(ii), added cl. (iii) and struck out former cl. (iii) which read as follows: “providing assistance to low-income homeowners to replace lead service lines.”
Subsec. (a)(3). Pub. L. 117–58, § 50105(1)(C), struck out “an individual provided” before “assistance”.
Subsec. (b)(5)(A). Pub. L. 117–58, § 50105(2)(A)(i), substituted “to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title, low-income homeowners, and landlords or property owners providing housing to low-income renters.” for “to provide assistance to low-income homeowners to replace the lead service lines of such homeowners.”
Subsec. (b)(5)(B). Pub. L. 117–58, § 50105(2)(A)(ii), substituted “lines” for “line”.
Subsec. (b)(6)(A). Pub. L. 117–58, § 50105(2)(B)(i), struck out “any publicly owned portion of” before “the lead”.
Subsec. (b)(6)(C). Pub. L. 117–58, § 50105(2)(B)(ii), substituted “shall, in the case of a low-income homeowner, and may, for other homeowners, offer to replace the privately owned portion of the lead service line at no cost to the homeowner;” for “may, in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line at a cost that is equal to the difference between—
“(i) the cost of replacement; and
“(ii) the amount of assistance available to the low-income homeowner under paragraph (5);”.
Subsec. (b)(6)(E). Pub. L. 117–58, § 50105(2)(B)(iv), substituted “feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and” for “other options for reducing the concentration of lead in its drinking water, including an evaluation of options for corrosion control.”
Subsec. (b)(6)(F). Pub. L. 117–58, § 50105(2)(B)(iii), (v), added subpar. (F).
Subsec. (d). Pub. L. 117–58, § 50105(4), (5), added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 117–58, § 50105(3), substituted “this section (except for subsection (d)) $100,000,000 for each of fiscal years 2022 through 2026” for “this section $60,000,000 for each of fiscal years 2017 through 2021”.
Subsecs. (e), (f). Pub. L. 117–58, § 50105(4), redesignated subsecs. (d) and (e) as (e) and (f), respectively.