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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9836 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9836
To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992
and the Safe Drinking Water Act to modernize existing lead hazard
reduction authorities, strengthen local implementation capacity, and
improve coordination between housing and drinking water lead reduction
efforts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Ms. Brown (for herself and Ms. Tlaib) introduced the following bill;
which was referred to the Committee on Financial Services, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Residential Lead-Based Paint Hazard Reduction Act of 1992
and the Safe Drinking Water Act to modernize existing lead hazard
reduction authorities, strengthen local implementation capacity, and
improve coordination between housing and drinking water lead reduction
efforts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Existing Pipes with Lead
and Advancing Clean Environments Act'' or the ``REPLACE Act''.
TITLE I--HOUSING LEAD HAZARD REMEDIATION AND PRESERVATION
SEC. 101. MODERNIZATION OF EXISTING LEAD-BASED PAINT HAZARD REDUCTION
GRANT PROGRAM.
Section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852) is amended--
(1) in subsection (d)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) the extent to which the proposed activities will
preserve safe and habitable housing units that would otherwise
remain unsafe for occupancy due to lead-based paint hazards;
and
``(7) the extent to which the jurisdiction to be served has
elevated childhood lead exposure and significant concentrations
of housing constructed before January 1, 1978.'';
(2) in subsection (e)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively;
(C) by striking ``A grant'' and inserting the
following:
``(1) In general.--A grant'';
(D) in subparagraph (I), as so redesignated by
subparagraph (A), by striking ``and'' at the end;
(E) by inserting after subparagraph (I), as so
redesignated by subparagraph (A), the following:
``(J) conduct clearance examinations and related post-
remediation testing;
``(K) provide for repairs, rehabilitation, and housing
preservation activities directly related to the elimination and
long-term control of lead-based paint hazards, including
repairs necessary to complete and maintain lead-safe
conditions;
``(L) support local implementation capacity, including
inspection support, lead-safe certification systems, rental
registry integration, permitting systems, data modernization,
and compliance administration;
``(M) support workforce development, contractor training,
certification readiness, apprenticeship support, and other
activities that expand the capacity of firms and workers to
perform lead-safe housing remediation consistent with
applicable Federal requirements;
``(N) provide technical assistance and case management to
owners and occupants to facilitate completion of lead hazard
reduction activities; and
``(O) carry out such other activities that the Secretary
determines appropriate to promote the purposes of this Act.'';
and
(F) by adding at the end the following:
``(2) Addressing water related hazards.--
``(A) In general.--Any risk assessment, lead paint
investigation, or remediation activity conducted under
paragraph (1) shall include an evaluation of water-
related lead hazards, including an evaluation of
whether lead may be present in--
``(i) the water service line; and
``(ii) any interior plumbing.
``(B) Inspection and follow up.--If the evaluation
under subparagraph (A) indicates that there may be a
water-related lead hazard present, the grantee shall
provide for further inspection and follow-up to
remediate such hazard.
``(C) Interim protective measures.--If a water-
related lead hazard is identified under the evaluation
described in subparagraph (A), the grantee shall
provide interim protective measures until the hazard is
remediated, including--
``(i) the provision of point-of-use filters
certified under NSF/ANSI standards for lead
reduction; and
``(ii) faucet replacements or compatibility
measures where necessary.'';
(3) in subsection (g), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary shall develop the capacity
of eligible applicants to carry out activities under this
section, including by providing technical assistance relating
to program design, implementation, procurement, inspection
capacity, financial management, compliance systems, data
collection, and coordination with other Federal, State, local,
and private resources.
``(2) Training and certification support.--The Secretary
may provide technical assistance and capacity-building support
to assist eligible applicants and subrecipients in developing
workforce capacity, contractor pipelines, and training,
certification, or accreditation support consistent with section
402 of the Toxic Substances Control Act (15 U.S.C. 2682).
``(3) Use of amounts.--Of amounts otherwise made available
to carry out this section, the Secretary may use such amounts
as may be necessary to carry out this subsection.'';
(4) in subsection (l)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) states the number of households served and the number
of occupants temporarily relocated;
``(7) states the number of residential dwellings in which
lead-based paint hazards have been cleared for reoccupancy
following hazard reduction activities; and
``(8) describes activities undertaken to preserve habitable
housing units and strengthen local implementation capacity.'';
(5) by redesignating subsections (o) and (p) as subsections
(q) and (r), respectively; and
(6) by inserting after subsection (n) the following:
``(o) Coordination With Environmental Protection Agency.--
``(1) In general.--The Secretary shall carry out this
section in consultation with the Administrator of the
Environmental Protection Agency to ensure that activities
assisted under this section are consistent with applicable
requirements relating to lead-based paint activities,
renovation, repair and painting, training, certification,
disclosure, and lead-safe work practices in target housing and
child-occupied facilities.
``(2) Joint guidance.--Not later than 1 year after the date
of enactment of this subsection, the Secretary and the
Administrator shall issue joint guidance regarding--
``(A) best practices for grantees and subgrantees
carrying out lead-safe housing remediation, including
with respect to water-related lead hazards, under this
section;
``(B) strategies to align assistance under this
section with State and Tribal lead-based paint programs
authorized or supported under title IV of the Toxic
Substances Control Act; and
``(C) opportunities to streamline technical
assistance, grantee education, and local implementation
support.
``(3) Rule of construction.--Nothing in this subsection may
be construed to modify, supersede, or limit any authority of
the Administrator under the Toxic Substances Control Act or
this Act.
``(p) Corrective Action and Expenditure Support.--
``(1) Notice and opportunity to cure.--If the Secretary
determines that a grantee under this section is at substantial
risk of failing to obligate or expend grant amounts in a timely
manner, the Secretary shall, before recapturing amounts made
available to such grantee as described in paragraph (4),
provide notice of such determination and an opportunity for the
grantee to enter into a corrective action plan.
``(2) Corrective action plan.--A corrective action plan
under paragraph (1) may include--
``(A) technical assistance;
``(B) revised implementation benchmarks;
``(C) approval of subgrants, subrecipients, or
partnerships with qualified local entities;
``(D) procurement support;
``(E) workforce, contractor, inspection, or
clearance capacity support;
``(F) data or compliance system improvements; and
``(G) such other measures as the Secretary
determines appropriate to facilitate timely expenditure
and completion of lead hazard reduction activities.
``(3) Extensions.--The Secretary may extend applicable
expenditure or performance deadlines for a grantee that
demonstrates good-faith efforts to carry out activities under
this section and a reasonable likelihood of completing such
activities within the extended period.
``(4) Retention of funds within jurisdiction where
practicable.--If, after providing the opportunity described in
paragraph (1), the Secretary determines that the grantee
remains unable to carry out activities under this section, the
Secretary may recapture unobligated amounts and reallocate such
amounts to another eligible grantee, subrecipient, or qualified
local entity serving the same jurisdiction, to the extent
practicable.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to require the Secretary to retain or extend
assistance in cases involving fraud, waste, abuse, or
persistent noncompliance with applicable law.''.
TITLE II--LEAD SERVICE LINE COORDINATION AND REPLACEMENT
SEC. 201. AMENDMENTS TO EXISTING LEAD REDUCTION IN DRINKING WATER
AUTHORITY.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``lead
service lines'' each place it appears and
inserting ``covered service lines''; and
(ii) in subparagraph (B), by striking
``lead service line'' each place it appears and
inserting ``covered service line'';
(B) by redesignating paragraphs (2) through (5) as
paragraphs (4) through (7), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Covered service line.--The term `covered service
line' means a lead service line or a galvanized requiring
replacement service line.
``(3) Galvanized requiring replacement service line.--The
term `galvanized requiring replacement service line' means a
galvanized pipe and its fittings, which connect a drinking
water main to a building inlet, that--
``(A) has ever been downstream of a lead service
line;
``(B) is downstream of a lead-status-unknown
service line; or
``(C) the applicable public water system is unable
to demonstrate was never downstream of a lead service
line.'';
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``shall give priority to an
eligible entity that'';
(ii) in subparagraph (B)--
(I) by redesignating clauses (i)
and (ii) as subclauses (I) and (II)
(and adjusting the margins
accordingly); and
(II) by striking the period at the
end and inserting ``; and'';
(iii) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively
(and adjusting the margins accordingly);
(iv) by inserting before clause (i), as so
redesignated, the following:
``(A) shall give priority to an eligible entity
that--''; and
(v) by adding at the end the following:
``(B) may give additional consideration, where
practicable, to an eligible entity serving a
jurisdiction with--
``(i) elevated childhood lead exposure; or
``(ii) significant concentrations of
housing that may contain lead hazards,
including housing constructed before January 1,
1978.'';
(B) in paragraph (5), by striking ``lead service
lines'' each place it appears and inserting ``covered
service lines'';
(C) in paragraph (6)--
(i) in the paragraph heading, by striking
``lead service line'' and inserting ``covered
service line'';
(ii) by striking ``lead service line'' each
place it appears and inserting ``covered
service line'';
(iii) in subparagraph (E), by striking ``;
and'' and inserting a semicolon;
(iv) in subparagraph (F)--
(I) by striking ``lead service
lines'' and inserting ``covered service
lines''; and
(II) by striking the period at the
end and inserting ``; and''; and
(v) by adding at the end the following:
``(G) shall, where practicable, coordinate the
replacement of covered service lines under this section
with housing lead hazard reduction under the
Residential Lead-Based Paint Hazard Reduction Act of
1992 (including activities under section 1011(e)(2) of
such Act), State or local building code enforcement, or
related lead exposure reduction activities carried out
under Federal, State, Tribal, or local law.''; and
(D) by adding at the end the following:
``(7) Technical assistance and implementation support.--The
Administrator may provide, directly or through grants,
cooperative agreements, or contracts, technical assistance and
implementation support to eligible entities to assist with--
``(A) identification and inventory of covered
service lines;
``(B) lead reduction project planning and design;
``(C) coordination of full replacement of publicly
and privately owned portions of covered service lines;
``(D) customer outreach and consent processes;
``(E) coordination with assistance under section
1452 and other Federal, State, Tribal, local, or
private resources; and
``(F) such other activities as the Administrator
determines appropriate to facilitate timely and
complete lead reduction projects.'';
(3) in subsection (d)(4)(C), by striking ``lead service
lines'' and inserting ``covered service lines''; and
(4) in subsection (f), by striking ``lead service line''
and inserting ``covered service line''.
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