SB0005

Summary

Lead water line replacement and lead remediation. Specifies that, for purposes of the statute concerning the replacement of customer owned lead service lines by water utilities, a municipally owned utility includes a utility company owned, operated, or held in trust by a consolidated city. Provides that the following apply with respect to the owner of a building, structure, or dwelling, other than a multi-family residential property that contains more than four dwelling units, that is served by a customer owned lead service line within or connected to a water utility's system: (1) That upon request by the water utility, the owner shall replace, or cause to be replaced, the customer owned portion of the lead service line by: (A) enrolling in the water utility's lead service line replacement program; or (B) replacing the customer owned portion of the lead service line through the owner's own agents or contractors and at the owner's own expense. (2) That if the owner: (A) does not enroll in the water utility's lead service line replacement program; (B) does not replace the customer owned portion of the lead service line; or (C) fails to communicate with the water utility regarding the replacement; the water utility or the water utility's agent may enter the property to replace the customer owned portion of the lead service line. (3) That the: (A) water utility; and (B) occupant of the property, if the property is occupied by a person other than the owner; are not liable to the owner with respect to any replacement made under these provisions. (4) That if a water utility attempts to avail itself of the remedies set forth in these provisions and is prevented from doing so by the owner of the property, the water utility may, in accordance with state law, disconnect water service to the owner's property. Provides that the following apply with respect to the owner of a multi-family residential property that contains more than four dwelling units: (1) That the owner may elect to participate in the water utility's lead service line replacement program. (2) That the owner must communicate to the water utility the owner's election to participate not later than 45 days after receiving the water utility's request. (3) That if the owner does not communicate the owner's election to participate within this 45 day period, the owner, or any future owner of the property, is responsible for replacing the customer owned portion of the lead service line through the owner's own agents or contractors and at the owner's own expense. Provides that in the case of a: (1) building; (2) structure; or (3) dwelling; that a water utility has determined to be abandoned or unserviceable, the water utility may disconnect water service to the property and require the owner, or any future owner, of the property to install a new service line. Provides that these provisions may be incorporated, without the need for further approval by the Indiana utility regulatory commission (IURC), into a water utility's lead service line replacement plan that has been previously approved by the IURC.

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