Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part D — Emergency Powers › § 300i–2
Community water systems that serve more than 3,300 people must do a risk and resilience assessment of their system. The assessment must look at risks from intentional harmful acts and natural hazards, the strength of pipes and treatment and storage facilities and computers, how the system watches water quality, the system’s finances, how chemicals are used or stored, and how the system is run and maintained. Systems can also look at capital and operating needs. Systems must tell the Administrator that they finished the assessment by March 31, 2020 if they serve 100,000 or more people, by December 31, 2020 if they serve 50,000–99,999, and by June 30, 2021 if they serve more than 3,300 but less than 50,000. Each system must review and update its assessment at least every 5 years and send a short certification to the Administrator that names the system, gives the date, and says the assessment was done or reviewed. A system is not required, just because it sent that certification, to give the full assessment to a state, regional, or local government. Systems must keep their assessment and emergency plan for 5 years. Systems should work with local emergency planning groups when they can. The Administrator will help systems that serve fewer than 3,300 people with guidance and technical help. Each system serving more than 3,300 people must also prepare or update an emergency response plan based on the assessment and certify to the Administrator no later than 6 months after finishing the assessment (and as soon as reasonably possible after October 23, 2018). The plan must include ways to strengthen physical security and cybersecurity, steps and equipment to use if an attack or natural hazard threatens water, actions to reduce harm (like backup water sources, moving intakes, or building flood barriers), and ways to detect threats. Systems may meet these rules by following third‑party technical standards the Administrator recognizes and certifying they do so. The Administrator may run a grant program called the Drinking Water Infrastructure Risk and Resilience Program in fiscal years 2020 and 2021. Grants must be used only for planning, design, construction, or projects tied to the emergency plan (for example, detection equipment, security fencing, tougher covers, treatment upgrades, cyber and financial system improvements, training, chemical handling changes, screening, emergency power or water supplies, or alternative source work). Grants cannot pay for personnel, routine monitoring, operations, or maintenance. The Administrator may use up to $5,000,000 per year for urgent technical help and up to $10,000,000 per year for grants to systems serving under 3,300 people or certain nonprofits. Congress authorized $25,000,000 for each of fiscal years 2020 and 2021 for this program. Resilience means being able to withstand or quickly recover from an attack or natural hazard. Natural hazards include events like earthquakes, tornadoes, floods, hurricanes, wildfires, and changes in water flow.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 300i–2
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110