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42 U.S.C. § 300i–2 — Community water system risk and resilience

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300i–2 — Community water system risk and resilience

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Stable record: federal_law:legal_authorities:record_usc_cfe2dd92be361ee37b791866
Source file: Laws/federal/codes/united-states-code/title-42/section-300i2-community-water-system-risk-and-resilience--45943b361c.md
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Source location: Title 42, Chapter 6A, § 300i–2; chapter-6a-public-health-service.md

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**(a) Risk and resilience assessments** (1) **In general** — Each community water system serving a population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an assessment— (A) shall include an assessment of— (i) the risk to the system from malevolent acts and natural hazards; (ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; (iii) the monitoring practices of the system; (iv) the financial infrastructure of the system; (v) the use, storage, or handling of various chemicals by the system; and (vi) the operation and maintenance of the system; and (B) may include an evaluation of capital and operational needs for risk and resilience management for the system. (2) **Baseline information** — The Administrator, not later than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information on malevolent acts of relevance to community water systems, which shall include consideration of acts that may— (A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or (B) otherwise present significant public health or economic concerns to the community served by the system. (3) **Certification** (A) *Certification* — Each community water system described in paragraph (1) shall submit to the Administrator a certification that the system has conducted an assessment complying with paragraph (1). Such certification shall be made prior to— (i) March 31, 2020, in the case of systems serving a population of 100,000 or more; (ii) December 31, 2020, in the case of systems serving a population of 50,000 or more but less than 100,000; and (iii) June 30, 2021, in the case of systems serving a population greater than 3,300 but less than 50,000. (B) *Review and revision* — Each community water system described in paragraph (1) shall review the assessment of such system conducted under such paragraph at least once every 5 years after the applicable deadline for submission of its certification under subparagraph (A) to determine whether such assessment should be revised. Upon completion of such a review, the community water system shall submit to the Administrator a certification that the system has reviewed its assessment and, if applicable, revised such assessment. (4) **Contents of certifications** — A certification required under paragraph (3) shall contain only— (A) information that identifies the community water system submitting the certification; (B) the date of the certification; and (C) a statement that the community water system has conducted, reviewed, or revised the assessment, as applicable. (5) **Provision to other entities** — No community water system shall be required under State or local law to provide an assessment described in this section (or revision thereof) to any State, regional, or local governmental entity solely by reason of the requirement set forth in paragraph (3) that the system submit a certification to the Administrator. **(b) Emergency response plan** Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto). Each community water system shall certify to the Administrator, as soon as reasonably possible after October 23, 2018, but not later than 6 months after completion of the assessment under subsection (a), that the system has completed such plan. The emergency response plan shall include— (1) strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; (2) plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water; (3) actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers; and (4) strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. **(c) Coordination** Community water systems shall, to the extent possible, coordinate with existing local emergency planning committees established pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 ([42 U.S.C. 11001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim) et seq.) when preparing or revising an assessment or emergency response plan under this section. **(d) Record maintenance** Each community water system shall maintain a copy of the assessment conducted under subsection (a) and the emergency response plan prepared under subsection (b) (including any revised assessment or plan) for 5 years after the date on which a certification of such assessment or plan is submitted to the Administrator under this section. **(e) Guidance to small public water systems** The Administrator shall provide guidance and technical assistance to community water systems serving a population of less than 3,300 persons on how to conduct resilience assessments, prepare emergency response plans, and address threats from malevolent acts and natural hazards that threaten to disrupt the provision of safe drinking water or significantly affect the public health or significantly affect the safety or supply of drinking water provided to communities and individuals. **(f) Alternative preparedness and operational resilience programs** (1) **Satisfaction of requirement** — A community water system that is required to comply with the requirements of subsections (a) and (b) may satisfy such requirements by— (A) using and complying with technical standards that the Administrator has recognized under paragraph (2); and (B) submitting to the Administrator a certification that the community water system is complying with subparagraph (A). (2) **Authority to recognize** — Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995, the Administrator shall recognize technical standards that are developed or adopted by third-party organizations or voluntary consensus standards bodies that carry out the objectives or activities required by this section as a means of satisfying the requirements under subsection (a) or (b). **(g) Technical assistance and grants** (1) **In general** — The Administrator shall establish and implement a program, to be known as the Drinking Water Infrastructure Risk and Resilience Program, under which the Administrator may award grants in each of fiscal years 2020 and 2021 to owners or operators of community water systems for the purpose of increasing the resilience of such community water systems. (2) **Use of funds** — As a condition on receipt of a grant under this section, an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, or implementation of a program or project consistent with an emergency response plan prepared pursuant to subsection (b), which may include— (A) the purchase and installation of equipment for detection of drinking water contaminants or malevolent acts; (B) the purchase and installation of fencing, gating, lighting, or security cameras; (C) the tamper-proofing of manhole covers, fire hydrants, and valve boxes; (D) the purchase and installation of improved treatment technologies and equipment to improve the resilience of the system; (E) improvements to electronic, computer, financial, or other automated systems and remote systems; (F) participation in training programs, and the purchase of training manuals and guidance materials, relating to security and resilience; (G) improvements in the use, storage, or handling of chemicals by the community water system; (H) security screening of employees or contractor support services; (I) equipment necessary to support emergency power or water supply, including standby and mobile sources; and (J) the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers. (3) **Exclusions** — A grant under this subsection may not be used for personnel costs, or for monitoring, operation, or maintenance of facilities, equipment, or systems. (4) **Technical assistance** — For each fiscal year, the Administrator may use not more than $5,000,000 from the funds made available to carry out this subsection to provide technical assistance to community water systems to assist in responding to and alleviating a vulnerability that would substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water (including sources of water for such systems) which the Administrator determines to present an immediate and urgent need. (5) **Grants for small systems** — For each fiscal year, the Administrator may use not more than $10,000,000 from the funds made available to carry out this subsection to make grants to community water systems serving a population of less than 3,300 persons, or nonprofit organizations receiving assistance under [section 300j–1(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300j–1/e&num=0&edition=prelim), for activities and projects undertaken in accordance with the guidance provided to such systems under subsection (e) of this section. (6) **Authorization of appropriations** — To carry out this subsection, there are authorized to be appropriated $25,000,000 for each of fiscal years 2020 and 2021. **(h) Definitions** In this section— (1) the term “resilience” means the ability of a community water system or an asset of a community water system to adapt to or withstand the effects of a malevolent act or natural hazard without interruption to the asset’s or system’s function, or if the function is interrupted, to rapidly return to a normal operating condition; and (2) the term “natural hazard” means a natural event that threatens the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11001 — Establishment of State commissions, planning districts, and local committees

**(a) Establishment of State emergency response commissions** Not later than six months after October 17, 1986, the Governor of each State shall appoint a State emergency response commission. The Governor may designate as the State emergency response commission one or more existing emergency response organizations that are State-sponsored or appointed. The Governor shall, to the extent practicable, appoint persons to the State emergency response commission who have technical expertise in the emergency response field. The State emergency response commission shall appoint local emergency planning committees under subsection (c) and shall supervise and coordinate the activities of such committees. The State emergency response commission shall establish procedures for receiving and processing requests from the public for information under [section 11044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11044&num=0&edition=prelim), including tier II information under [section 11022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11022&num=0&edition=prelim). Such procedures shall include the designation of an official to serve as coordinator for information. If the Governor of any State does not designate a State emergency response commission within such period, the Governor shall operate as the State emergency response commission until the Governor makes such designation. **(b) Establishment of emergency planning districts** Not later than nine months after October 17, 1986, the State emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. Where appropriate, the State emergency response commission ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300f — Definitions

For purposes of this subchapter: (1) The term “primary drinking water regulation” means a regulation which— (A) applies to public water systems; (B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons; (C) specifies for each such contaminant either— (i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or (ii) if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of [section 300g–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300g-1&num=0&edition=prelim); and (D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including accepted methods for quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems. At any time after promulgation of a regulation referred to in this paragraph, the Administrator may add equally effective quality control and testing procedures by guidance published in the Federal Register. Such procedures shall be treated as an alternative for public water systems to the quality control and testing procedures listed in the regulatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300f

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 272 — Establishment, functions, and activities

**(a) Establishment of National Institute of Standards and Technology** There is established within the Department of Commerce a science, engineering, technology, and measurement laboratory to be known as the National Institute of Standards and Technology (hereafter in this chapter referred to as the “Institute”). **(b) Functions of Secretary and Institute** The Secretary of Commerce (hereafter in this chapter referred to as the “Secretary”) acting through the Director of the Institute (hereafter in this chapter referred to as the “Director”) is authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take all actions necessary and appropriate to accomplish the purposes of this chapter, including the following functions of the Institute— (1) to assist industry in the development of technology and procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, manufacturability, functionality, and cost-effectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new scientific discoveries in fields such as automation, electronics, advanced materials, biotechnology, and optical technologies; (2) to develop, maintain, and retain custody of the national standards of measurement, and provide the means and methods for making measurements consistent with those standards; (3) to facilitate standards-related information sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus orga

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 272

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11001 — Establishment of State commissions,

Page 8094 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10904 Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, the Common- wealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Mi- cronesia, and Palau. (Pub. L. 99–425, title VI, § 604, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 502, Nov. 3, 1990, 104 Stat. 1256.) Editorial Notes AMENDMENTS 1990—Par. (1). Pub. L. 101–501, § 502(1), substituted ‘‘130 percent of the lower living standard income level’’ for ‘‘poverty line, as defined in section 9902(2) of this title’’. Pars. (2) to (4). Pub. L. 101–501, § 502(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amend- ment note under section 8621 of this title. § 10904. Annual report by States; contents; man- ner of payments pursuant to grants (a) Reporting Each State receiving grants under this chap- ter shall annually submit to the Secretary infor- mation on the number of eligible individuals as- sisted under the grant program, and their posi- tions and salaries before and after receiving the Child Development Associate credential. (b) Payments Payments pursuant to grants made under this chapter may be made in installments, and in ad- vance or by way of reimbursement, with nec- essary adjustments on account of overpayments or underpayments, as the Secretary may deter- mine. (Pub. L. 99–425, title VI, § 60

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11001

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