Sec. 190703. Low-income household drinking water and wastewater assistance

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There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce rates charged to such households for such services. In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall, as appropriate and to the extent practicable, use existing processes, procedures, policies, and systems in place to provide assistance to low-income households, including by using existing application and approval processes.

Except as provided in paragraph (2), the Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe based on the following: The percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal to or less than 150 percent of the Federal poverty line. The percentage of such households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing.

The extent to which the State or Indian Tribe has been affected by the public health emergency, including the rate of transmission of COVID–19 in the State or area over which the Indian Tribe has jurisdiction, the number of COVID–19 cases compared to the national average, and economic disruptions resulting from the public health emergency. The Secretary shall reserve not more than 10 percent of the amounts appropriated pursuant to this section for allotment to States and Indian Tribes based on the economic disruptions to the States and Indian Tribes resulting from the emergency described in the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191(b) ), during the period covered by such emergency declaration and any subsequent major disaster declaration under section 401 of such Act ( 42 U.S.C. 5170 ) that supersedes such emergency declaration. In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe— shall ensure that, at a minimum— all households with income equal to or less than 150 percent of the Federal poverty line are included as low-income households; and all households with income equal to or less than 60 percent of the State median income are included as low-income households; may include households that have been adversely economically affected by job loss or severe income loss related to the public health emergency; and may include other households, including households in which 1 or more individuals are receiving— assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.); supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); or payments under section 1315, 1521, 1541, or 1542 of title 38, United States Code, or under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978.

States and Indian Tribes shall— to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low-income for the purposes of this section; and for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household.

Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. Owners or operators of public water systems or treatment works receiving funds pursuant to this section for the purposes of reducing rates charged to low-income households for service shall— conduct outreach activities designed to ensure that such households are made aware of the rate assistance available pursuant to this section; charge such households, in the normal billing process, not more than the difference between the actual cost of the service provided and the amount of the payment made by the State or Indian Tribe pursuant to this section; and within 45 days of providing assistance to a household pursuant to this section, notify in writing such household of the amount of such assistance.

To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with owners and operators of public water systems, owners and operators of treatment works, municipalities, nonprofit organizations associated with providing drinking water, wastewater, and other social services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. A State or Indian Tribe that receives a grant under this section may use up to 8 percent of the granted amounts for administrative costs.

In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section— not later than 1 year after the date of enactment of this section; and upon disbursement of all funds appropriated pursuant to this section.

In this section: The term Indian Tribe means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. The term municipality has the meaning given such term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). The term public health emergency means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5 ).

The term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ). The term Secretary means the Secretary of Health and Human Services. The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ).

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