SenateS. 4812119th Congress

FIRE SMART Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4812 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4812

To require the Administrator of the Environmental Protection Agency to 
   modify regulations with respect to drinking water State revolving 
                     funds, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2026

   Mr. Padilla (for himself, Mr. Curtis, Mr. Boozman, Mr. Crapo, Mr. 
    Kelly, Mr. Merkley, Mr. Schiff, and Mr. Sheehy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To require the Administrator of the Environmental Protection Agency to 
   modify regulations with respect to drinking water State revolving 
                     funds, 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 ``Firefighting Infrastructure for 
Rural and Exurban Smaller Municipalities Augmenting Residential Fuels 
Treatments Act of 2026'' or the ``FIRE SMART Act of 2026''.

SEC. 2. REQUIRED REGULATORY REVISIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') shall--
            (1) revise section 35.3505 of title 40, Code of Federal 
        Regulations, to ensure that--
                    (A) the term ``community at high risk from fire or 
                wildfire'' is defined to mean a community located in an 
                area with a high risk for fire or wildfire, in the 
                built or natural environment, as evidenced by a State 
                wildfire map or a geospatial map generated pursuant to 
                section 210(a) of the Wildfire Suppression Funding and 
                Forest Management Activities Act (16 U.S.C. 6501 note; 
                division O of Public Law 115-141);
                    (B) the terms ``rural'' and ``rural area'' have the 
                meaning given those terms in subparagraph (A) of 
                section 343(a)(13) of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1991(a)(13)), subject to 
                subparagraphs (H) and (I) of that section; and
                    (C) the term ``water infrastructure for fire 
                suppression'' means improvements to a public water 
                system for purposes that will facilitate compliance 
                with section 1412 of the Safe Drinking Water Act (42 
                U.S.C. 300g-1) or otherwise further the public health 
                protection objectives of that Act (42 U.S.C. 300f et 
                seq.) and that aid in fire suppression for the 
                protection of public health, safety, and property from 
                wildfire;
            (2) revise section 35.3520 of that title--
                    (A) in subsection (b)(2)--
                            (i) in clause (ii) (relating to 
                        transmission and distribution), to insert ``and 
                        enhancement of water system delivery and 
                        distribution capacity in a rural area to aid in 
                        fire suppression in communities at high risk 
                        from fire or wildfire'' before the period at 
                        the end;
                            (ii) in clause (iv) (relating to storage), 
                        to insert ``and enhancement of water 
                        infrastructure for fire suppression in a rural 
                        area in communities at high risk from fire or 
                        wildfire'' before the period at the end; and
                            (iii) in clause (v) (relating to 
                        consolidation), to insert ``or where necessary 
                        for enhancing water infrastructure for fire 
                        suppression in a rural area in communities at 
                        high risk from fire or wildfire'' before the 
                        period at the end; and
                    (B) in subsection (e)(4), to insert ``, except for 
                projects specifically identified in paragraphs 
                (b)(2)(ii), (b)(2)(iv), and (b)(2)(v) of this section 
                that have both drinking water benefits and fire 
                suppression benefits, for which priority shall be given 
                to projects in communities that have adopted a 
                community wildfire protection plan (as defined in 
                section 101(a) of the Healthy Forests Restoration Act 
                of 2003 (16 U.S.C. 6511(a))) or have taken proactive 
                measures to encourage property owners to reduce fire 
                risk on private property'' before the period at the 
                end;
            (3) revise section 35.3555(c)(1) of that title to add at 
        the end the following: ``In addition, the priority system may 
        include projects that improve both infrastructure for drinking 
        water and water infrastructure for fire suppression in rural 
        areas in communities at high risk from fire or wildfire.''; and
            (4) make such purely technical and conforming revisions to 
        the regulations of the Administrator as are necessary to 
        implement the revisions described in paragraphs (1) through 
        (3).
    (b) Immediate Effect.--Notwithstanding the period for revision 
required under subsection (a), beginning on the date of enactment of 
this Act, the Administrator shall implement sections 35.3505, 35.3520, 
and 35.3555 of title 40, Code of Federal Regulations, in accordance 
with the revisions required under that subsection.
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