Agenda - Public Works Committee - 10/20/2020

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S. 3021-78 SEC. 2005. DRINKING WATER INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY. Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j- 19a) is amended— (1) by redesignating subsection (j) as subsection (k); (2) in subsection (k), as redesignated by paragraph (1), by striking "this section" and inserting "subsections (a) through (j) of this section"; (3) by inserting after subsection (i) the following: "(j) STATE RESPONSE TO CONTAMINANTS.— "(1) IN GENERAL. —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 — "(A) that is determined by the State to— "(i) 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 "(ii) potentially present an imminent and substan- tial endangerment to the health of persons; and "(B) with respect to which the State determines appro- priate authorities have not acted sufficiently to protect the health of such persons. "(2) RECOVERY OF FUNDS. —If, subsequent to the Adminis- trator'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 exhaus- tion of all appellate and administrative remedies — "(A) notify the Administrator in writing not later than 30 days after such issuance of a final judgment or settle- ment and the exhaustion of all appellate and administrative remedies; and "(B) promptly pay the Administrator an amount equal to the amount of such funds."; and (4) by adding at the end the following: "(1) DRINKING WATER INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY.— "(1) RESILIENCE AND NATURAL HAZARD. —The terms 'resil- ience' and `natural hazard' have the meaning given such terms in section 1433(h). "(2) IN GENERAL. —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 annrnnriatinnfnr gnrh nnrnnse_ [hall award vrants in Parh