REPLACE Act
- Sponsor
- Rep. Brown, Shontel M. [D-OH-11]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
This bill aims to comprehensively address lead exposure by expanding federal grant programs for lead-based paint remediation to include water hazards and by broadening the definition of lead service lines eligible for replacement funding.
What it actually does
This bill amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Safe Drinking Water Act to modernize lead hazard reduction efforts. It expands eligible activities for housing lead remediation grants to include water-related lead hazards and strengthens local implementation capacity. Crucially, it redefines "lead service lines" in the Safe Drinking Water Act to include "galvanized requiring replacement service lines" and mandates improved coordination between housing and drinking water lead reduction initiatives.
Proponents argue
Supporters argue that the bill provides a crucial update to federal lead hazard reduction efforts, recognizing the interconnectedness of lead in paint and water. They would emphasize that it strengthens local capacity, ensures more complete remediation, and protects vulnerable populations, especially children, from pervasive lead exposure. The inclusion of galvanized pipes that were previously downstream of lead lines is seen as a critical step to fully eliminate lead sources.
Opponents contend
Opponents might raise concerns about the expanded scope and potential costs, arguing that it could strain existing resources or create new administrative burdens for grantees and water systems. Some might contend that broadening the definition of "lead service line" could lead to higher compliance costs for municipalities and utilities, potentially passed on to consumers, without clear evidence of widespread lead contamination from all galvanized pipes.
The bill is relatively short and accessible, allowing an informed reader to understand its core provisions within a reasonable timeframe.
Section 101(1) of the bill, amending 42 U.S.C. 4852(d)
Updated Grant Program Selection Criteria
This provision updates the criteria HUD uses to award lead-based paint hazard reduction grants. It adds consideration for proposals that preserve safe housing units and prioritizes jurisdictions with high childhood lead exposure and significant concentrations of housing constructed before January 1, 1978.
Supporters argue
Supporters argue these criteria better target federal resources to areas most in need and where interventions will have the greatest impact on public health and housing preservation.
Critics contend
No specific opposition is typically raised against this provision because it focuses on prioritizing vulnerable populations and housing preservation.
Tradeoffs
This provision balances broad eligibility with targeted impact, potentially shifting resources to higher-need areas.
Section 101(2) of the bill, amending 42 U.S.C. 4852(e)
Expanded Grant Program Activities
This provision expands the types of activities eligible for HUD lead hazard reduction grants. New activities include clearance examinations, repairs directly related to long-term lead control, support for local implementation capacity (inspections, certification, data modernization), workforce development, and technical assistance for owners/occupants.
Section 101(2)(F) of the bill, inserting new 42 U.S.C. 4852(e)(2)
Mandatory Water-Related Lead Hazard Evaluation
This provision mandates that any risk assessment or remediation activity conducted under the HUD lead-based paint grant program must now include an evaluation of water-related lead hazards, specifically in service lines and interior plumbing. If hazards are found, grantees must provide further inspection, follow-up remediation, and interim protective measures like point-of-use filters.
Section 101(3) of the bill, amending 42 U.S.C. 4852(g)
Enhanced Technical Assistance for Grantees
This provision expands HUD's authority to provide technical assistance to eligible applicants for lead hazard reduction. This includes support for program design, implementation, procurement, inspection capacity, financial management, compliance, data collection, and coordination. It also explicitly allows for training and certification support to develop workforce capacity.
Section 101(6) of the bill, inserting new 42 U.S.C. 4852(o)
HUD-EPA Joint Guidance and Coordination
This provision mandates that HUD carry out its lead hazard reduction activities in consultation with the EPA to ensure consistency with applicable lead-based paint requirements. It also requires HUD and EPA to issue joint guidance within one year on best practices for grantees, strategies to align assistance with state/tribal programs, and opportunities to streamline support.
Section 201(1) of the bill, amending 42 U.S.C. 300j-19b(a)
Expanded Definition of Covered Service Line
This provision redefines "lead service line" in the Safe Drinking Water Act's lead reduction authority to "covered service line," which now explicitly includes "galvanized requiring replacement service lines." These are galvanized pipes that were ever downstream of a lead service line, are downstream of a lead-status-unknown line, or cannot be demonstrated to have never been downstream of a lead line.
Section 201(2)(A) of the bill, amending 42 U.S.C. 300j-19b(b)(3)
Updated Grant Priority for Water Systems
This provision updates the criteria for awarding grants for lead service line replacement under the Safe Drinking Water Act. It allows for additional consideration, where practicable, for eligible entities serving jurisdictions with elevated childhood lead exposure or significant concentrations of housing constructed before January 1, 1978.
Section 201(2)(C) of the bill, amending 42 U.S.C. 300j-19b(b)(6)
Mandated Coordination for Water Line Replacement
This provision requires, where practicable, that the replacement of covered service lines under the Safe Drinking Water Act be coordinated with housing lead hazard reduction activities (including the new water-related evaluations under HUD grants), state or local building code enforcement, or related lead exposure reduction activities.
Section 201(2)(D) of the bill, inserting new 42 U.S.C. 300j-19b(b)(7)
Enhanced Technical Assistance for Water Systems
This provision authorizes the EPA Administrator to provide technical assistance and implementation support to eligible entities for covered service line replacement. This includes support for identification and inventory, project planning, coordination of full replacement (public and private portions), customer outreach, and coordination with other funding sources.
This provision outlines a process for HUD to manage grantees who are at risk of not spending their lead hazard reduction funds in a timely manner. It mandates offering a corrective action plan and potential extensions before recapturing funds, and if funds are recaptured, it prioritizes reallocating them within the same jurisdiction.
Section 101(6) of the bill, inserting new 42 U.S.C. 4852(p)
Why it matters:This is standard legislative practice for administrative and programmatic details. It's not necessarily evasive but ensures program continuity and accountability.
Case for: Supporters would argue this ensures federal funds are utilized efficiently, prevents delays in critical lead remediation projects, and provides necessary support to grantees who may face unforeseen challenges, ultimately benefiting communities by keeping funds local.
Case against: Critics might argue that while well-intentioned, such provisions can sometimes lead to bureaucratic delays or allow underperforming grantees to retain funds longer than optimal, potentially delaying remediation for communities that could be served by more capable entities.
Estimated impact: Potentially significant for the efficiency and local impact of lead hazard reduction grants, ensuring funds are spent and remain within the intended communities.