Sec. 2005. Drinking water infrastructure resilience and sustainability

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Section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a ) is amended— by redesignating subsection

(j)as subsection (k); in subsection (k), as redesignated by paragraph (1), by striking this section and inserting subsections

(a)through

(j)of this section ; by inserting after subsection

(i)the following: The Administrator may, subject to the terms and conditions of this section, issue a grant to a requesting State, on behalf of an underserved community, so the State may assist in, or otherwise carry out, necessary and appropriate activities related to a contaminant— that is determined by the State to— be present in, or likely to enter into, a public water system serving, or an underground source of drinking water for, such underserved community; and potentially present an imminent and substantial endangerment to the health of persons; and with respect to which the State determines appropriate authorities have not acted sufficiently to protect the health of such persons. If, subsequent to the Administrator’s award of a grant to a State under this subsection, any person or entity (including an eligible entity), is found by the Administrator or a court of competent jurisdiction to have caused or contributed to contamination that was detected as a result of testing conducted, or treated, with funds provided under this subsection, and such contamination violated a law administered by the Administrator, such person or entity shall, upon issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies— notify the Administrator in writing not later than 30 days after such issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies; and promptly pay the Administrator an amount equal to the amount of such funds. ; and by adding at the end the following: The terms resilience and natural hazard have the meaning given such terms in section 1433(h). The Administrator may establish and carry out a program, to be known as the Drinking Water System Infrastructure Resilience and Sustainability Program, under which the Administrator, subject to the availability of appropriations for such purpose, shall award grants in each of fiscal years 2019 and 2020 to eligible entities for the purpose of increasing resilience to natural hazards. An eligible entity may only use grant funds received under this subsection to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards through— the conservation of water or the enhancement of water use efficiency; the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards, including risks to drinking water from flooding; the design or construction of desalination facilities to serve existing communities; the enhancement of water supply through the use of watershed management and source water protection; the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; or the development and implementation of measures to increase the resilience of the eligible entity to natural hazards. To seek a grant under this subsection, the eligible entity shall submit to the Administrator an application that— includes a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity; identifies the natural hazard risk to be addressed by the proposed program or project; provides documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk to the area where the proposed program or project is to be located; includes a description of any recent natural hazard events that have affected the applicable water system; includes a description of how the proposed program or project would improve the performance of the system under the anticipated natural hazards; and explains how the proposed program or project is expected to enhance the resilience of the system to the anticipated natural hazards. There is authorized to be appropriated to carry out this subsection $4,000,000 for each of fiscal years 2019 and 2020. .

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42 USC 300j–19a

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Sec. 2005

Drinking water infrastructure resilience and sustainability

Cite42 USC 300j–19a

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