UPDATE | Ohio law would improve lead-testing notifications

COLUMBUS — Public systems would have two days to inform residents when dangerously high levels of lead are found in water supplies, under legislation being offered by Gov. John Kasich to lawmakers.

Those systems also would have two days to test homeowners’ water for lead contamination, and the state threshold for determining lead contamination in new building projects would be lowered to match federal standards.

The legislation comes after lead issues surfaced in water systems in Sebring.

“I think it is a huge step forward for the state, and we think it’s a great road map for the rest of the country to follow,” said Craig Butler, director of the Ohio Environmental Protection Agency.

The proposed law changes are part of the governor’s mid-biennium budget review, this year encompassing a series of bills that include policy revisions in various state agencies. The administration released the details of the water-related legislation Thursday morning.

“Ohio has first-hand experience with shortcomings of the federal Safe Drinking Water Act,” the governor’s office noted in a fact sheet outlining the legislation. “By pursuing improvements at the federal level while at the same time strengthening standards for state action, we can better help our communities safeguard their drinking water from lead.”

Under the administration’s proposal, Ohio would set its definition of “lead free” in new construction plumbing to 0.25 percent, down from the current 8 percent. The change would conform state requirements to federal standards.

State lawmakers have balked at past attempts by the administation to codify the change, removing comparable provisons from last year’s biennial budget bill and previous mid-biennium review legislation.

But Butler said the change already is being practiced, via federal requirements and other code enforcements.

“It is already in place,” he said.

Among other provisions in the legislation, water systems would have to inform residents of lead issues within two days, with “more in-depth public education” completed in 30. That’s a change from existing public notice requirements of 30-60 days after contamination is detected.

“If the water system fails to meet the tighter timelines, Ohio EPA will intervene to notify homeowners itself and will have the authority to impose an administrative penalty on the noncompliant system,” according to the governor’s office.

Kasich also wants to “leverage a number of state grant and loan programs” to provide funding to schools and communities to replace contaminated water systems.

The list includes low-interest loans to identify issues and plan for improvements at treatment plants and funding for schools to replace outdated lead-based fixtures and communities to replace lead service lines.

Butler said the adminstration is seeking $2 million for use in identifying contaminated fixtures in schools, then leveraging another $10 million to replace aged water fountains and others fixtures with lead issues.

“We could have somwhere around 3,000 [school] buildings that may need to be tested based on the age of those buildings….,” he said.

The administration’s proposal also includes a mechanism for communities to access funding to replace lead service lines at homes.

Generally, public works funds cannot be directed to private property improvements, but state officials are working on a way to declare the private service lines as public property. The city of Columbus used a comparable method as part of its stormwater improvement efforts, Butler said.

Communities also will be required to map their water systems to determine the location of lead service lines.

The Ohio Environmental Council also praised the legislation, calling the package “meaningful proposal to fix the problems that resulted in the Sebring water crisis.”