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To amend the Internal Revenue Code of 1986 to modify the private business use requirements for bonds issued for lead service line replacement projects.
Summary
This bill amends the Internal Revenue Code to clarify that replacing privately-owned portions of lead service lines connected to public water systems does not constitute private business use for purposes of tax-exempt bond requirements. By removing this restriction, the bill allows municipalities and water systems to more easily issue tax-exempt bonds to finance lead service line replacement projects. The amendment defines qualified lead service line replacement use as using bond proceeds to replace lead service lines in order to comply with federal drinking water regulations for lead. These changes apply to bonds issued after December 31, 2025.
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Sponsor (1)
8 cosponsors
Actions (2)
- Jun 10, 2025 Referred to the House Committee on Ways and Means. · house
- Jun 10, 2025 Introduced in House
Similar bills (6)
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Text versions (1)
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Full text
IN THE HOUSE OF REPRESENTATIVES
June 10, 2025
Ms. Tenney (for herself, Ms. Moore of Wisconsin, Mr. Kelly of Pennsylvania, and Ms. Stevens) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to modify the private business use requirements for bonds issued for lead service line replacement projects.
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 “Financing Lead Out of Water Act of 2025”, or the “Flow Act”.
SEC. 2. MODIFICATION OF PRIVATE BUSINESS USE REQUIREMENTS FOR CERTAIN BONDS.
(a) In General.—Section 141(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(D) Clarification relating to qualified lead service line replacement use.—
“(i) In general.—For purposes of this subsection, qualified lead service line replacement use shall not constitute private business use.
“(ii) Definitions.—For purposes of this subparagraph—
“(I) Qualified lead service line replacement use.—The term ‘qualified lead service line replacement use’ means, with respect to any public water system, use of the proceeds of an issue to replace any privately-owned portion of a lead service line connected to such system to facilitate, achieve or maintain compliance with a national primary drinking water regulation for lead.
“(II) Lead service line.—The term ‘lead service line’ has the meaning given such term in section 1459B(a)(4) of the Safe Drinking Water Act, as amended.
“(III) National primary drinking water regulation for lead.—The term ‘national primary drinking water regulation for lead’ means a national primary drinking water regulation for lead promulgated under section 1412 of such Act.
“(IV) Public water system.—The term ‘public water system’ has the meaning given such term in section 1401(4) of such Act.”.
(b) Effective Date.—The amendments made by this section shall apply to obligations issued after December 31, 2025. <all>
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