Category: Law

Copper water lines installation

Tennessee state law may enable pay for success contracting for lead service line replacement

Tennessee procurement law may open opportunities for pay for success contracting for water infrastructure projects

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Chicago Department of Water Management crews install water main pipe.

Illinois law facilitates utility access to private property for LSL replacement

Illinois law requires property owners to grant utilities access for private-side replacement in cities with populations over 1 million or when replacements are offered at no direct cost. The bill also allows any legal occupant to grant access when a property owner is unresponsive.

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Water infrastructure projects in Newark

Louisiana enables water utilities to access private property for LSL replacement

Louisiana law authorizes municipalities to adopt ordinances enabling municipal water systems access to private property to conduct private side replacements with prior notice.

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Excavator digging a water supply trench

Tennessee enables utilities to access private property for LSL replacement

Tennessee law authorizes water utility access to private property to conduct private side replacements.

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Water distribution systems

Virgina authroizes utility access to private property for LSL inventories

Virginia law allows water utilities to access private property for LSL inventories

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Water pouring into a glass

New Jersey LSL disclosure on rental properties

New Jersey lawd requires landlords to disclose lead service line risks, prevents them from obstructing replacements, and guarantees tenants free lead-water testing upon request. It also directs state agencies to provide clear public guidance on lead hazards and prevention.

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Funding

Wisconsin allows principal forgiveness be granted to investor-owned water utilities

Wisconsin Act 8 expands the Safe Drinking Water Loan Program to allow principal forgiveness to a private owner of a community water system if the loans are for lead service line replacement.

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Minnesota Statutes

Minnesota statute requires allows the use of state funding to repay loans

Minnesota’s Lead Service Line Replacement Grant Program prioritizes the use grant funds to repay loans incurred for LSLR including DWSRF loans. Minn. Stat. 446A.077 §4(a).

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Indiana Statehouse

Indiana enables municipalities to mandate LSLR, implement automatic enrollment, customer opt-out and occupant-permitted access

State law expressly allows municipalities to mandate replacement as part of their LSLR program. Ind. Code Ann. § 8-1-31.6-6. It also permitsdefault enrollment by requiring proof of replacement. Ind. Code Ann. § 8-1-31.6-6(d)(2),(4).Utilities can access private property if landlords are unresponsive Ind. Code Ann. § 8-1-31.6-6(d)(2) and may disconnect service if owners block replacement work Ind. Code § 8-1-31.6-6(d)(4).

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Conducting lead service line inventory

Illinois Lead Service Line Replacement and Notification Act

Illinois State law requires all water systems to develop and maintain service line inventories. Water systems must submit inventories to the IL Environmental Protection agency and be made publicly available on the IL EPA website. 415 ILCS 5/17.12 §17.12 (a). This law also prioritizes replacements for high-risk facilities, such as preschools, child care facilities, parks, playgrounds, hospitals, and clinics, and high-risk areas identified by the community water supply. 20 ILCS 605 §605-870(c).

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Milwaukee is one of the few cities in the country with a prioritization plan to ensure neighborhoods likely to suffer the most severe impacts from lead poisoning get their pipes replaced first. In consultation with a community-based group, Coalition for Lead Emergency (COLE), and following a public engagement process, Milwaukee included in an ordinance three indicators to prioritize where LSLs will be removed first:

  1. The area deprivation index (ADI), which is a compilation of social determinants of health
  2. The percentage of children found to have elevated lead levels in their blood when tested for lead poisoning
  3. The density of lead service lines in the neighborhood.

Read more here.