EDF Health

Selected tag(s): Lead service line replacement

City of Washington, DC requires lead pipe disclosure and tackles past partial LSL replacements

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 28, 2019

Tom Neltner, J.D., Chemicals Policy Director

Update: In October 2019, DC Mayor Muriel Bowser appropriated $1.8 million in her Fiscal Year 2020 budget to fund the Lead Pipe Replacement Assistance Program, which is designed to replace legacy partial LSLs remaining on private property. 

Washington, DC estimates there are 48,000 lead service lines (LSLs) on private property, 46 percent of the total number of service lines identified by the District. While the District has not yet set a goal of eliminating LSLs, it has taken positive steps to assist residents in replacing LSLs. It has prioritized avoiding partial LSL replacements, which are likely to increase residents’ exposure to lead, especially in the months following the disturbance.

On January 16, 2019, the District passed a new law that takes additional positive steps. First, it requires property owners to disclose the presence of an LSL to potential homebuyers and renters. The city joins Cincinnati, OH and Philadelphia, PA in requiring disclosure to renters and New York, Delaware, Connecticut, and Pennsylvania in requiring disclosure to homebuyers.

Second, it redresses past partial LSL replacements by providing financial support to homeowners who did not replace the portion on private property when they were expected to shoulder the entire burden. This is the first city we have seen take this approach. The fiscal impact statement for the law also provides insight into the cost of LSL replacement; the District of Columbia Water and Sewer Authority (DC Water), the city’s utility, estimates the average cost to replace the portion on private property is $2,000 per line. The total cost of the law over four years if fully funded is $21 million.

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EDF considers potential health equity impacts of partial lead service line replacement

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 10, 2019

Tom Neltner, J.D., Chemicals Policy Director and Lindsay McCormick is a Project Manager.

[pullquote]“LSL replacement initiatives should address barriers to participation so that consumers served by LSLs can benefit equitably, regardless of income, race or ethnicity.”

– A founding principle of the Lead Service Line Replacement Collaborative[/pullquote]States and communities across the country are taking important steps to accelerate replacement of lead service lines (LSLs) – lead pipes connecting the water main under the street to homes and other buildings. As part of this progress, many programs have strictly limited the standard practice of partial LSL replacement – replacing only the portion of the LSL on public property, which commonly arises when rehabilitating the main and reconnecting the existing line. Partial replacement is likely to increase, at least temporarily, lead levels in drinking water in homes and may not reduce lead exposure in the long run.

The default approach for most water utilities rehabilitating their main has been to simply alert property owners to the risk of partial replacement and advise them to hire a contractor to voluntarily replace the remaining portion of the LSL on their property.

Other utilities have rejected this approach and gone further to protect residents. For example, Washington, DC offers to coordinate private side and public side replacement to reduce costs and make participation easier but still expects the property owner to pay for the private side. Others, such as Cincinnati, OH, have required full LSL replacement, providing a significant subsidy to the homeowner and allowing the cost to be spread over ten years through a property tax assessment. Indiana American Water and Philadelphia, PA go even further and pay for the cost of full LSL replacement out of ratepayer or capital improvement funds. States are acting too, with Michigan requiring utilities to pay the cost of replacement on private property and Wisconsin requiring cost sharing. For more examples, see our webpages recognizing communities and states that are leading the way.

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From villages to states, significant progress on lead service line replacement in 2018

By Sam Lovell / Published: January 7, 2019

Sam Lovell, Project Specialist and Tom Neltner, J.D., Chemicals Policy Director

We recently finished a round of updates to our webpages recognizing states and communities leading the way in efforts to accelerate lead service line (LSL) replacement across the country. As we start the New Year, we wanted to summarize the good news from 2018 and highlight some opportunities for more success.

Ninety-five communities are leading the way on LSL replacement programs:[1]

  • 6 communities have publicly announced that they have completely replaced all known LSLs.
  • 53 communities have publicly set a goal of eliminating LSLs on public and private property, totaling more than 300,000 LSLs. Ten of the communities are in Wisconsin; Indiana has one investor-owned utility, American Water, which operates 27 separate community water systems; Michigan has four communities; Colorado and Ohio have two; and Arkansas, Massachusetts, Pennsylvania and Washington have one.
  • 36 communities are publicly taking steps to replace LSLs but have not yet set a goal of full replacement. One third of these communities are from Wisconsin; seven from Illinois; and five or fewer from New York, Massachusetts, Michigan, Pennsylvania, Rhode Island, Iowa, and Kentucky.

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Pennsylvania empowers municipalities to replace lead service lines

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: December 11, 2017

[pullquote]Pennsylvania was already one of the 11 states taking proactive efforts to support LSL replacement since 2015. HB-674 expands that effort.  Check our website for what states and communities are doing. [/pullquote]Tom Neltner, J.D., is Chemicals Policy Director

In October 2017, the Pennsylvania General Assembly passed and Governor Wolf signed HB-674 which implements the State’s 2017-18 budget. Section 1719-E of the law includes a provision empowering municipal authorities to replace or remediate private water and sewer laterals if the municipality determines the work “will benefit the public health.” Read More »

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Wisconsin on the verge of taking an important step to replacing its lead pipes

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: December 6, 2017

Tom Neltner, J.D., is Chemicals Policy Director

In 2012, Madison, Wisconsin became the first city in the country to fully eliminate its lead service lines (LSLs), the lead pipes that connect the drinking water main under the street to interior plumbing. The project to replace its 8,000 known LSLs began in 2000. The City’s effort is a model of persistence and common sense as it overcame many barriers including challenges with the Public Service Commission of Wisconsin (PSC).

The PSC blocked the use of rates paid by customers to fund replacement of lead pipes on private property. The PSC, whose mission is to ensure adequate and reasonably priced water service, was concerned that customers without LSLs would be subsidizing improvements to the property of those with LSLs. Unlike most state commissions which are responsible for utilities operated by private companies, PSC approves rates for municipal and private utilities. Eventually, Madison used a different source of funding for its $15.5 million LSL replacement program.

Currently, the Wisconsin State Legislature is on the cusp of passing legislation to remove this barrier faced by Madison and empower communities to better protect residents from lead in drinking water. SB-48, introduced by Senator Cowles (R-Green Bay) and co-sponsored by Representative Thiesfeld (R-Fond du Lac), has passed both chambers. When the legislature returns to session in January 2018, they will need to resolve a difference between the two versions regarding the maximum amount of financial assistance allowed to homeowners. To hear from both authors on the legislation, check out the webinar from the National Conference of State Legislatures regarding financing options for replacing LSLs.

With passage of the legislation, Wisconsin would be the fourth state to pass essential legislation empowering communities to replace LSLs, using rates paid by consumers, joining Indiana, and Pennsylvania. They are among 12 states that have adopted administrative or legislative policies to support community LSL replacement.  These states have an estimated 3.3 million of the nation’s 6.1 million LSLs.

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