S. 3830Senate118th Congress (2023-2025)In Committee

Low-Income Household Water Assistance Program Establishment Act

AI-Generated Summary

Updated January 20, 2026 at 2:54 PM UTC

The bill creates a Low‑Income Household Water Assistance Program to help low‑income households pay for drinking water and wastewater services. It authorizes the Secretary of Health and Human Services, in coordination with the EPA Administrator, to award grants to states and Indian tribes (and to nonprofit groups in rural or tribal areas) to fund water utilities and assist eligible households. After a specified report, program administration shifts to the Environmental Protection Agency.

Key Provisions

Defines “low‑income household” based on participation in certain assistance programs or income thresholds (150% of poverty level or 60% of state/area median income).
Allows the Secretary, with the EPA Administrator, to establish the program and award formula‑based grants to eligible states or Indian tribes.
Grants are allocated according to the share of low‑income households or households spending >30% of income on housing; up to 3% of funds are reserved for Indian tribes.
Provides separate grants to qualified nonprofit organizations to help water systems in rural, underserved, or tribal areas access program funds.
Requires technical assistance for data‑sharing to streamline eligibility verification.
Transfers program administration to the EPA after a final Infrastructure Investment and Jobs Act report is submitted, with the EPA assuming the Secretary’s duties.
Prohibits grant funds from replacing other assistance funds and allows them to supplement existing programs.
Authorizes necessary appropriations to carry out the program.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

February 28, 2024

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SenateIntro Referral

Introduced in Senate

February 28, 2024

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

February 28, 2024

Floor Debate

1 member

What members said about S. 3830 on the floor

1 Democrat

Sen. Alex PadillaD-CA · Feb 28, 2024

Madam President, I rise to introduce the Low-Income Household Water Assistance Program Establishment Act or LIHWAP Establishment Act. This legislation would establish the first-ever permanent,…

Madam President, I rise to introduce the Low-Income Household Water Assistance Program Establishment Act or LIHWAP Establishment Act. This legislation would establish the first-ever permanent, national water assistance program to help low-income households pay their water bills.

In 2021, at the height of the COVID-19 pandemic, Congress provided $1.1 billion of critical assistance through the Consolidated Appropriations Act of 2021 and American Rescue Plan of 2021 to low- income households struggling to pay water and sewer bills. Since then,

LIHWAP has helped 1.4 million households across the country maintain or restore access to water service. However, LIHWAP was created as an emergency program and expired at the end of fiscal year 2023.

Recognizing the importance of Federal water assistance, Congress passed the Infrastructure Investment Jobs Act, which directed the U.S. Environmental Protection Agency, EPA, to create a Rural and Low-Income Water Assistance Pilot Program and report to Congress on the results of the pilot.

The LIHWAP Establishment Act would provide the necessary congressional authorization for a permanent LIHWAP beyond the COVID-19 emergency.

The LIHWAP Establishment Act would direct the Secretary of Health and Human Services, in consultation with the Administrator of the EPA, to establish a permanent low-income water assistance program. Just as the program did during the pandemic, LIHWAP would award grants to States, territories, and Tribes to assist low-income households in paying for drinking water or wastewater services.

The bill would also empower nonprofit organizations to assist small, rural, underserved, and Tribal water systems apply for and access LIHWAP funding, as well as direct HHS to provide technical assistance to help agencies and water systems set up data sharing agreements to streamline eligibility requirements for low-income households.

In addition, the bill would transfer authority for the program from HHS to the EPA upon completion of the EPA's Rural and Low-Income Water Assistance Pilot Program.

Safeguarding water affordability for all Americans remains critical as household water and sewer bills rise faster than electric bills and inflation. Families continue to struggle to pay their water bills on time, and low-income communities suffer from disproportionate vulnerabilities affecting their access to clean, affordable water services.

Like heat and nutrition, which already have established Federal assistance programs, water is a vital and fundamental resource for public health and economic prosperity in all communities across the country. A permanent LIHWAP ensures we can continue to provide the necessary water assistance to low-income households at risk of losing access.

I look forward to working with my colleagues to pass the LIHWAP Establishment Act as quickly as possible.

Sen. Alex PadillaD-CA · Feb 28, 2024

Madam President, I rise to introduce the Low-Income Household Water Assistance Program Establishment Act or LIHWAP Establishment Act. This legislation would establish the first-ever permanent,…

The LIHWAP Establishment Act would provide the necessary congressional authorization for a permanent LIHWAP beyond the COVID-19 emergency.

In addition, the bill would transfer authority for the program from HHS to the EPA upon completion of the EPA's Rural and Low-Income Water Assistance Pilot Program.

I look forward to working with my colleagues to pass the LIHWAP Establishment Act as quickly as possible.

Bill Text

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Introduced in SenateIssued February 28, 2024

118th CONGRESS

2d Session

S. 3830

IN THE SENATE OF THE UNITED STATES

February 28, 2024

Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To authorize the Low-Income Household Water Assistance Program, and for other purposes.

Short title

This Act may be cited as the Low-Income Household Water Assistance Program Establishment Act.

Low-Income Household Water Assistance Program

(a)

Definitions

In this section:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Household

The term household means any individual or group of individuals who are living together as 1 economic unit.

(3)

Low-income household

The term low-income household means a household—

(A)

in which 1 or more individuals are receiving—

(i)

assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

(ii)

supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);

(iii)

supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);

(iv)

payments under—

(I)

section 1315, 1521, 1541, or 1542 of title 38, United States Code; or

(II)

section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or

(v)

assistance under the Low-Income Home Energy Assistance Act of 1981; or

(B)

that has a household income that, as determined by the State or Indian tribe, does not exceed the greater of—

(i)

an amount equal to 150 percent of the poverty level;

(ii)

an amount equal to 60 percent of the State median income for that State or the State in which the Indian tribe is primarily located; or

(iii)

an amount equal to 60 percent of the area median income for the area in which the household is located.

(4)

Poverty level

The term poverty level means the poverty line determined pursuant to section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).

(5)

Public water system

The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

(6)

Qualified nonprofit organization

The term qualified nonprofit organization includes a nonprofit organization described in section 680(a)(3)(B) of the Community Services Block Grant Act (42 U.S.C. 9921(a)(3)(B)).

(7)

Secretary

The term Secretary means the Secretary of Health and Human Services.

(8)

State

The term State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(9)

Treatment works

The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

(b)

Establishment

(1)

In general

The Secretary, in consultation with the Administrator, shall establish the Low-Income Household Water Assistance Program to award grants, in accordance with paragraph (3), to eligible entities described in paragraph (2) to provide funds to owners and operators of public water systems or treatment works to assist low-income households in paying arrearages and other rates charged to such households for drinking water or wastewater services.

(2)

Eligible entities

An eligible entity described in this paragraph is a State, or Indian tribe, that is eligible to receive or previously received a grant under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

(3)

Formula

In awarding grants under this subsection to eligible entities, the Secretary shall—

(A)

allot amounts made available for grants under this subsection to an eligible entity that is a State or Indian tribe based on—

(i)

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 poverty level; or

(ii)

the percentage of households in the State, or under the jurisdiction of the Indian tribe, that spend more than 30 percent of monthly income on housing; and

(B)

reserve up to 3 percent of amounts made available for grants under this subsection to eligible entities that are Indian tribes.

(c)

Rural, underserved, and Indian Tribe access grants

The Secretary shall provide grants to qualified nonprofit organizations to assist owners or operators of public water systems or treatment works, in rural or underserved areas or in the jurisdiction of an Indian tribe, in accessing funds through the Low-Income Household Water Assistance Program.

(d)

Applications

Each eligible entity seeking a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.

(e)

Limitations

A recipient of a grant under subsection (b) or (c)—

(1)

shall not use the funds from the grant to supplant any other funds for any program that assists low-income households in maintaining access to affordable drinking water or wastewater services; and

(2)

may use the funds from the grant to supplement or otherwise enhance any such program that satisfies the requirements under this section.

(f)

Technical assistance for eligibility requirements

The Secretary shall provide technical assistance to eligible entities receiving a grant under subsection (b) for such eligible entities to establish data sharing agreements to streamline categorical eligibility requirements for low-income households.

(g)

Transfer to the Environmental Protection Agency

(1)

In general

On the date on which the final report described in section 50109(d) of the Infrastructure Investment and Jobs Act (42 U.S.C. 300j–19a note; Public Law 117–58; 135 Stat. 1148) is submitted to Congress under such section, the Secretary, in coordination with the Administrator, shall transfer the Low-Income Household Water Assistance Program established under this section to the Environmental Protection Agency for administration of such program by the Administrator in accordance with this section.

(2)

Administration

(A)

In general

Beginning on the date described in paragraph (1)—

(i)

the Administrator shall carry out all functions of the Secretary under this section; and

(ii)

for purposes of administering the program established under this section, each reference in subsections (b)(3), (c), (d), and (f) to the Secretary shall be deemed a reference to the Administrator.

(B)

Grants previously awarded

Notwithstanding paragraph (1) and subparagraph (A), the Secretary shall continue, after the transfer under paragraph (1), administering each grant awarded under this section prior to such transfer until the expiration of the term of such grant.

(3)

Unobligated balances

On the date described in paragraph (1) and subject to section 1531 of title 31, United States Code, the Secretary shall initiate transfer of all unobligated balances of appropriations, authorizations, allocations, or other funds available to the Low-Income Household Water Assistance Program established under this section (except for any such balances related to grants awarded prior to the transfer under paragraph (1)) to the Administrator. The amounts of any such unobligated balances so transferred shall be used only for the purposes for which the amounts were originally authorized and appropriated.

(h)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.