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Senate committee advances constitutional amendment and companion statute to permit public funding for full lead service line replacement
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Summary
Senate Bill 228 (constitutional amendment) and companion Senate Bill 268 (statute), filed by Senator DuPlessis on behalf of the Sewage and Water Board/City of New Orleans, would authorize use of public funds for full lead service line replacement to comply with EPA lead and copper rule improvements; the committee reported both measures favorably and supporters say an attorney general opinion is pending to confirm necessity.
The Louisiana Senate Committee on Local and Municipal Affairs reported favorably a constitutional amendment (Senate Bill 228) and a companion statute (Senate Bill 268) intended to permit public funding for full service lead line replacement statewide and to provide implementing statute if needed.
Sponsor Senator DuPlessis said the measure was filed out of “an abundance of caution” on behalf of the Sewage and Water Board and would give local governments confidence to spend federal funds tied to the U.S. Environmental Protection Agency’s lead and copper rule improvements, which require water systems to replace lead service lines within 10 years. “We are filing this legislation so that there's no confusion,” DuPlessis said, noting the sponsor requested an attorney general’s opinion to determine whether the constitutional amendment is necessary.
Paul Rainwater, representing the City of New Orleans and the Sewage and Water Board, told the committee the estimated cost in New Orleans is about $87,000,000 and described the service line as the connection from the roadway to the home (not interior plumbing), which the city considers its responsibility to replace up to the house connection. Rainwater said funds have been set aside while the AG opinion is completed and that the city has applied for federal dollars and planning work has been underway.
Senator Miller asked whether the term “service line” appears in statute and why a constitutional amendment is needed rather than using existing statutory authority; DuPlessis and Rainwater said the AG opinion will clarify whether the amendment is necessary. The committee received a written support card from Matt Wood (Louisiana AFL‑CIO) and testimony from Rainwater.
A motion to report SB228 favorably was made and, seeing no opposition, the committee reported SB228 and SB268 favorably. The committee did not take amendments on SB228; the sponsor said they would park the measure if the attorney general determines the amendment is unnecessary.
Next steps: the measures will go to the Senate floor; the attorney general’s opinion is expected to influence whether both constitutional and statutory paths remain necessary.
