Bill offering utility companies safeguards for replacing lead pipes passes Senate committee

INDIANAPOLIS—A 2023 report by the U.S. Environmental Protection Agency revealed that Indiana ranks 14th in the U.S. for having the most lead pipes.

In efforts to combat this and move toward eliminating all of Indiana’s lead plumbing, Sen. Eric Koch, R-Bedford, introduced his Senate Bill 5, before the Senate Utilities Committee on Thursday. The bill offers extra safeguards to utility companies attempting to replace or retire lead pipes on private property.

During the 2017 legislative session, Indiana lawmakers passed House Enrolled Act 1519, which established Indiana’s lead service line (LSL) program. This program was created to help utility companies recover costs from replacing customer-owned lead service lines, which are lead pipes that connect the street’s plumbing to a building or home.

Prior to HEA 1519, property owners were in charge of replacing or retiring the pipes themselves, which can be costly. Lead pipes are a concern because lead exposure can cause a variety of neurological issues in children and adults.

Multiple members of the public and experts in the utilities field came to testify in support of SB 5.

Dr. Blake A. Froberg. medical director of the Indiana Poison Center, started the meeting by explaining the dangers of lead toxicity, specifically as it concerns children.

“The Indiana Poison Center receives calls about probably the more complex and harder-to-treat patients with lead toxicity,” Froberg said. “Over the last six years, we helped take care of 180 children with lead toxicity.”

Froberg said children are the most vulnerable to lead toxicity because their brains are still developing. Depending on their level of exposure, children can experience anything from developmental delays or swelling of the brain.

Representatives from Citizens Energy Group, Indiana American Water and Fort Wayne City Utilities all came to share the success they’ve had so far with the program. Their only mutual concern regarded their inability to contact all homeowners and landlords in their service area—a problem SB 5 aims to solve.

SB 5 would allow utility companies to communicate their request to replace lead service lines to the property’s owner free of charge, and if the owner does not elect to participate in the program within 45 days, they will be forced to remove or retire their lines through another contractor at their own expense.

Originally, the bill also allowed utility companies to proceed with the removal without a property owner’s consent, but Koch removed that language with his Amendment 2.

The only other amendment filed was Amendment 5, authored by Sen. Andrea Hunley, D-Indianapolis.

Hunley said that while last year’s House Bill 1138 made good strides to enact lead testing in preschool drinking water, she wants Indiana to take a further step in preventing lead exposure in non-preschool settings.

Hunley received support from Koch and the rest of the committee, and the amendment was adopted.

The amended bill passed by a unanimous vote of 10-0.

Ashlyn Myers is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.