H.R. 8254 — Water Access and Affordability Act

This section states congressional findings on (1) the essential role of safe, accessible, and affordable drinking water in protecting public health and the Safe Drinking Water Act's achievements and infrastructure funding shortfalls after 50 years; (2) the need for federal low-income household water assistance akin to aid for food, housing, and energy; (3) universal access to such assistance; (4) incorporating affordability goals into other drinking water programs; (5) federal commitments to national data collection on water safety, access, and affordability; tribal water access; utility capabilities; and state program support; and (6) consumer information on water costs, bill reduction, and payment assistance.

This section establishes a Federal low-income water assistance program, to be implemented by the Environmental Protection Agency (EPA) Administrator not later than 12 months after enactment, to assist low-income households (i.e., those receiving specified federal benefits or with income not exceeding the greater of 200% of the federal poverty level or 80% of area median income) in maintaining access to affordable water services (i.e., drinking water from community water systems or sanitary sewer service from treatment works). The program requires (1) development and implementation of water service access programs providing funding to low-income households, including during water crises (e.g., service disconnections for nonpayment); (2) technical assistance from qualified providers (e.g., community-based organizations) for program implementation; and (3) data collection and reporting. This section further directs the Administrator to (1) establish a community advisory committee for each EPA region, including members from low-income communities, nongovernmental organizations, and other stakeholders; (2) develop a water service access program; and (3) implement the program in each State (including the District of Columbia and territories), with authority to delegate implementation to eligible entities (i.e., States, Indian Tribes, or community water systems or treatment works serving populations of 100,000 or more) upon application.

This section revises intended use plan requirements under the Safe Drinking Water Act (SDWA) for the Drinking Water State Revolving Fund (DWSRF) by requiring states, prior to final adoption, to post a draft plan and comment instructions on a public website; provide at least 30 days for public comment; issue written responses to timely comments; and hold at least one public hearing. It further requires the EPA Administrator, within one year of enactment, to promulgate regulations to increase transparency and evaluation of fund distributions and state criteria—including state reporting of data on eligible funded and unfunded projects, their geographic and socioeconomic distribution (with emphasis on disadvantaged communities), a central online repository for plans and data, and state advisory groups—and to publish an annual public report analyzing fund use, disadvantaged community assistance, and challenges. (As background, the DWSRF provides loans, principal forgiveness, and other aid to public water systems for drinking water infrastructure compliant with SDWA standards.) The section also requires DWSRF states to review and revise, if appropriate, disadvantaged community affordability criteria in 2027 and every three years thereafter; directs the Administrator, within one year of enactment, to promulgate regulations expediting assistance and offering flexible repayment to such communities; and requires states to use a portion of capitalization grants for administration and technical assistance (previously permissive), capped at 30% of such amount for specified costs. Parallel changes to the Clean Water State Revolving Fund (CWSRF) under the Federal Water Pollution Control Act require states to review and revise, if appropriate, affordability criteria in 2027 and every three years thereafter; direct the Administrator, within one year of enactment, to promulgate regulations expediting assistance and flexible repayment options for qualifying municipalities; require use of funds for additional specified purposes (previously permissive); and impose the same public review process for intended use plans as under the DWSRF. (As background, the CWSRF provides loans and other aid to municipalities and others for wastewater and stormwater infrastructure to control water pollution.)