Explanation
BACKGROUND: This legislation will supplement Chapter 1119 of Columbus City Code to establish a lead elimination assistance program and to provide authorization for the Director of the Department of Public Utilities to promulgate rules and regulations as necessary to implement and administer that program.
FISCAL IMPACT: The fiscal impact of this program is not expected to exceed $1,000,000 for 2025. After 2025, the lead elimination assistance program will be subject to future operating budget appropriations based on the coming year’s anticipated level of participation.
Title
To amend Chapter 1119 of the Columbus City Code to establish a lead elimination assistance program and to authorize the Director of Public Utilities to promulgate rules and regulations as necessary to implement and administer that program. ($0.00)
Body
WHEREAS, Ordinance 1627-2024, passed July 15, 2024, enacted City Code Chapter 1119 to establish the Lead Service Line Replacement Program; and
WHEREAS, Lead Service Lines, as defined in Section 1119.02 of the Columbus City Codes, have been declared a public nuisance under Section 1119.03; and
WHEREAS, the Lead Service Line Replacement Program provides for the systematic replacement of Lead Service Lines in accordance with guidelines established by the Director of the Department of Public Utilities; and
WHEREAS, in addition to the Lead Service Line Replacement Program, the Department of Public Utilities, Division of Water investigates many instances of water service lines in need of repair or replacement across the water system each year; and
WHEREAS, many of these water service lines are located on the individual property owner’s private side of the service line, and it is the responsibility of that property owner to repair or replace the faulty service line; and
WHEREAS, many of the faulty water service lines on the private side are found to be Lead Service Lines, as defined by Section 1119.02 of the Columbus City Codes; and
WHEREAS, repair or replacement of only part of a Lead Service Line, leaving some but not all of the Lead Service Line in service, poses a higher risk of releasing lead into the drinking water on the property being served than when the whole existing Lead Service Line is left undisturbed, and this risk should be reduced to the extent practically possible; and
WHEREAS, Section 1119.05 of the Columbus City Codes prohibits the repair of any Lead Service Line; and
WHEREAS, because of this prohibition on repair, property owners will now be required to replace the private side of a faulty Lead Service Line, the cost of which may be several thousand dollars; and
WHEREAS, property owners may also seek to replace Lead Service Lines proactively and not as part of the Lead Service Line Replacement Program; and
WHEREAS, paying for the cost of replacement upfront could be cost-prohibitive for, or create undue financial stress on, many property owners; and
WHEREAS, it is necessary and appropriate and in the best interests of the health, safety, and welfare of the City, its inhabitants, and the operations of the City’s drinking water utility to create a program to assist residential customers in funding the replacement of their Lead Service Lines and to defer the payment of these costs. NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 1119.10 of the Columbus City Codes is hereby enacted to read as follows:
1119.10 - Lead Elimination Assistance Program.
A lead elimination assistance program is hereby established for the purpose of assisting property owners in funding the replacement of their Lead Service Lines, as defined in Section 1119.02. The Director of the Department of Public Utilities is authorized to promulgate rules and regulations necessary to implement and administer the program. Notwithstanding any other sections of the city codes, the Director's rules and regulations may provide for deferral of the payment of costs associated with the replacement of private Lead Service Lines. The rules and regulations may also establish eligibility requirements and/or administrative fees for the program and may establish a loan program for property owners to assist those property owners with the replacement of their Lead Service Lines, with the repayment of costs deferred until the property is sold, transferred, or no longer used as a private residence. Repayment of loans and replacement costs will be secured through a mortgage recorded against the property.
SECTION 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.