S.Amdt. 5048

SA 5048. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 7118. CAPACITY DEVELOPMENT.

Section 1420 of the Safe Drinking Water Act (42 U.S.C.
300g-9) is amended--
(1) in subsection (b), by adding at the end the following:
``(4) Historical significant noncompliers.--
``(A) In general.--The head of the State agency that has
primary responsibility to carry out this title in the State
shall provide written notice to a public water system that
the Administrator has determined the public water system to
be a historical significant noncomplier of this part.
``(B) Return to compliance assessment.--Not later than 180
days after the date on which a public water system receives a
notice under subparagraph (A), the public water system shall
carry out, and submit to the head of the State agency that
has primary responsibility to carry out this title in the
State for review, a return to compliance assessment that may
include consideration of partnership options (as described in
subsection (d)(3)(A)).
``(C) No enforcement action.--
``(i) In general.--Except as provided in clause (ii),
neither the Administrator nor a State shall take any action
against a historical significant noncomplier of this part
during the time period described in subparagraph (B) if the
historical significant noncomplier is pursuing a partnership
actively and in good faith.
``(ii) Exception.--Notwithstanding clause (i), the
Administrator or a State may take an action against a
historical significant noncomplier during the time period
described in subparagraph (B) to address an imminent or acute
public health risk.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by inserting ``that are
determined to be historical significant noncompliers and
public water systems that are not determined to be historical
significant noncompliers'' after ``public water systems'';
(ii) in subparagraph (D), by striking ``and'' after the
semicolon;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) a description of--
``(i) the efforts of the head of the State agency that has
primary responsibility to carry out this title in the State
to promote partnerships; and
``(ii) how many partnerships the head of the State agency
that has primary responsibility to carry out this title in
the State expects to be successful.''; and
(B) in paragraph (3), by inserting ``, efforts to promote
partnerships, number of successful partnerships,'' after
``efficacy of the strategy'';
(3) in subsection (d)--
(A) by redesignating paragraph (3) and (4) as paragraphs
(9) and (10), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Partnerships.--
``(A) In general.--A partnership described in this
paragraph includes--
``(i) a change in the ownership or the financial,
technical, and operational management structure of a water
system determined by the Administrator to be a historical
significant noncomplier of this part;
``(ii) a partnership between a water system determined by
the Administrator to be a historical significant noncomplier
of this part and a water system that is not determined by the
Administrator to be a historical significant noncomplier of
this part; and
``(iii) a partnership between 2 or more water systems
determined by the Administrator to be historical significant
noncompliers of this part.
``(B) Deadline for return to compliance.--A water system
determined by the Administrator to be a historical
significant noncomplier of this part that enters into a
partnership agreement shall return to compliance--
``(i) in the case of an approved State plan, as soon as
practicable but not later than 3 years after the date on
which the water system enters into the partnership agreement;
or
``(ii) in the case of an enforceable agreement approved by
the State and the Administrator, not later than 6 years after
the date on which the water system enters into the
partnership agreement.
``(C) State revolving loan funds.--The Administrator may
not withhold from a State funds under section 1452 or reduce
any State allotment or set-aside under that section based on
the action or inaction of a State with respect to new
partnerships under this section.
``(4) Partnership incentives.--The Administrator shall--
``(A) establish incentives for public water systems to
enter into a partnership described

[[Page S5580]]

in paragraph (3)(A), including allowing a State to award
grant and loan funds to a public water system that is
determined by the Administrator to be a historical
significant noncomplier of this part--
``(i) to assess partnership options; and
``(ii) to engage in peer-to-peer assistance; and
``(B) provide other technical assistance as necessary to
achieve compliance with this section.
``(5) Safe harbor.--
``(A) In general.--A public water system that enters into a
partnership described in clause (i) or (ii) of paragraph
(3)(A) and acquires ownership or control of a water system
determined by the Administrator to be a historical
significant noncomplier of this part shall be held harmless
from any fines or penalties associated with violations of
Federal law by the historical significant noncomplier that
occurred on a date that is before the change in ownership or
control of that public water system if the public water
system discloses the violations to the State and the
Administrator under such notice requirements as the
Administrator may establish.
``(B) Partnership between 2 or more historical significant
noncompliers.--Subparagraph (A) shall not apply to a
partnership described in clause (iii) of paragraph (3)(A).
``(6) Voluntary compliance audits.--The Administrator shall
establish incentives for public water systems to assess
compliance with this title, including the use of Federal or
State audit and self-disclosure policies that include an
assessment of the completeness and accuracy of monitoring and
data reported to the head of the State agency that has
primary responsibility to carry out this title in the State
to determine compliance.
``(7) Guidance; cofunding.--
``(A) In general.--Not later than 18 months after the date
of enactment of this paragraph, the Administrator, in
coordination with the Secretary of Agriculture and the
Secretary of Housing and Urban Development, shall develop
guidance on the use of all available Federal grants and loan
funds for public water systems that enter into a partnership
agreement.
``(B) Cofunding.--The Administrator shall maximize
flexibility for the use of cofunding for public water systems
that enter into a partnership agreement.
``(8) Reciprocity.--The Administrator shall develop
incentives to encourage reciprocity among States to provide
greater mobility of certified operators, with a focus on
rural and disadvantaged communities.''; and
(4) in subsection (g)(2)--
(A) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(1) In general.--The Administrator'';
(B) in the second sentence, by striking ``The
Administrator'' and inserting the following:
``(2) No duplication.--The Administrator''; and
(C) by adding at the end the following:
``(3) Best practices database.--
``(A) In general.--The Administrator, in coordination with
the States, shall establish a best practices database to
share examples of practices involving operational, technical,
and financial capacity under this part.
``(B) Grants authorized.--The Administrator may make grants
available to an appropriate nonprofit organization to develop
and maintain the database described in subparagraph (A).''.
______