Helping Consumers Make Informed

Decisions

• The Need
• State Examples        
• Local Examples          
• Opportunities                    

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Property owners and consumers need reliable and timely information about lead service lines (LSLs). They need to understand the risk posed by an LSL, why it is in their interest to have it replaced, and what they need to do to make it happen. This information is important when making decisions about the property, including whether to buy it, rent it, remodel it, work at it, send their children to it, or eat at it. Without this information, they may be reluctant to cooperate with an LSL replacement initiative and even less likely to pay for a portion of the costs.

​For a property owner, an LSL is essentially a liability, something that reduces the value of the property to consumers who drink the water. However, it only affects the value if people know an LSL is present, especially when someone is making a decision whether to live there. For that reason, disclosure of the LSL is essential.
 
A utility can and should disclose what is known about the presence of an LSL to the person who pays the bills, most likely the property owner. For owner-occupied housing, the property owner and the person who drinks the water are the same. But often, the utility does not have a direct relationship with the property owner’s consumers, such as tenants, patrons at a restaurant, employees at an office, or parents of children at a childcare center or school.
 
Where there is no direct relationship, as long as consumers do not know the water passes through an LSL, the property owner has little financial incentive to replace it. For that reason, making the location of LSLs publicly available in a manner that the property owner’s customers can easily access is a powerful tool in building support for a long-term LSL replacement initiative.
 
In a world when you can already easily see on-line photos of the outside of most homes or use real estate search engines to learn the number of bedrooms in a home or how it is heated, revealing the presence of an LSL does not appear to raise significant privacy issues. After all, the LSL is a legacy from when the building was constructed, not a choice made by the current occupant.
 
On-line maps showing what is known and, just as importantly, not known about the service line is a significant first step. Making the information publicly available in familiar mapping formats should not only provide an incentive to have the LSL replaced, but it should encourage people to find out whether a property has one and keep the utility informed so it has the latest information.
 
Because of the impact on consumer choices and, indirectly, on property values, public disclosures are best done regionally. If only one city or utility does it, there could be an impression that adjacent communities do not have LSLs simply because they are not publicly disclosing them. State or national standards would likely be fairest.
 
Public disclosure is not without its potential downsides. Some important ones to consider are:

1. The information is not perfect, especially regarding pipes installed decades ago. There may be a liability where the information is incorrect. Proper disclaimers are essential.
2. There may be an incentive for people not to want to know if they have an LSL, since it could diminish their property value.
3. People may get the impression that replacing an LSL eliminates the lead. However, lead may still be present in the solder and fixtures. While this lead may be effectively managed by corrosion control, it would still be present.​

Many states have policies that may make it more likely that a residential property owner will disclose the presence of a known LSLs to potential homebuyers. The following policies specifically address lead pipes or plumbing material. 

• ​​​New York State Property Law requires sellers of residential property to complete, sign, and deliver a property condition disclosure statement to the buyer or buyer’s agent prior to the signing by the buyer of a binding contract of sale. One of the questions asks, “Is lead plumbing present?” If the answer is yes, the seller must provide the locations of the lead plumbing. Presumably, an LSL on private property would be considered lead plumbing.
• The Delaware Buyer Protection Act requires home sellers to complete and provide to potential buyers a Seller’s Disclosure of Real Property Condition Report. The following questions on the form address lead pipes: “What type of plumbing (copper, lead, cast iron, PVC, polybutylene, galvanized, unknown) is in the house?)” and “Are there any lead hazards? (e.g. lead paint, lead pipes, lead in soil.) If Yes, describe…” 
• The Connecticut Uniform Property Condition Disclosure Act, requires home sellers to provide a Residential Property Condition Disclosure Report to prospective buyers prior to purchase. A seller must answer “Is lead plumbing present?” and state the location if the answer is yes. 
• Wisconsin law requires home sellers to provide potential buyers with a Residential Real Estate Condition Report prior to purchase. A seller must disclose knowledge of “a defect caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in paint, lead in soil, lead in water supplies or the plumbing system.”
• The Illinois Residential Real Property Disclosure Act requires home sellers to provide potential buyers with a Residential Real Property Disclosure Report prior to purchase. The seller must disclose if they are “aware of unsafe concentrations of or conditions relating to lead paint, lead water pipes, lead plumbing pipes, or lead in the soil.” 

The following states have implemented policies requiring water utilities to develop and make public inventories of LSL locations:     

• In June 2016 Ohio enacted HB512, which requires utilities to identify and map areas of their distribution systems that may contain LSLs and to identify the characteristics of buildings and areas of the distribution system with solder, fixtures, or pipes containing lead. In September 2016, Ohio Environmental Protection Agency released draft guidance for utilities to help them in this mapping. The utilities were required to submit the maps to the state by December 2016 and update the information every five years. Ohio EPA received maps from all 1,851 water systems and posted PDF versions on its website. We describe several Ohio cities below that went beyond Ohio EPA’s requirements and posted interactive maps or search engines.   
• In September 2016, the California State Assembly enacted SB1398 and committed the state to replacing all LSLs, including lead pipe goosenecks, in the state. The law required the 7,500 public water systems (PWSs) to identify and replace LSLs and to complete the work on “a schedule that is commensurate with the risks and costs involved.” The PWSs must submit the following to the State Water Resources Control Board:
  • By July 2018, an inventory of known LSLs and a timeline for their replacement; and
  • By July 2020, an updated inventory of LSLs and a timeline to replace any service lines made of lead.
• In January 2017, the Illinois General Assembly enacted SB550 regarding lead in drinking water. For LSLs, it directs utilities to create a comprehensive LSL inventory and, starting April 15, 2018, submit it to the Illinois Department of Health. It must be updated annually. In addition, the law requires utilities to provide notice to occupants of potentially affected residences of construction or repair work on water mains, LSLs, or water meters. The Illinois Environmental Protection Agency (IEPA) may also audit a water utilities’ progress in developing its LSL inventory.  IEPA Revolving Loan Funds may be used to fund LSL replacements.​

For additional examples of state and community initiatives: 

• Environmental Defense Fund: Recognition of community and state LSL replacement programs​

The following communities have policies that support disclosure of lead pipes during real estate transactions:

• In March 2017, the Philadelphia Mayor signed a bill amending the City’s Health Code to expand required disclosures for lead paint hazards to include lead plumbing components and lead service lines for rental owners.
• In June 2017, the Cincinnati City Council passed Ordinance 0185-2017 requiring landlords to notify tenants if the property is served by an LSL prior to executing a lease.

The following communities post interactive maps on their website to enable the public to identify whether a property may have a LSLs:

• The District of Columbia Water and Sewer Authority posts interactive maps showing the known and unknown materials of the service line. Each house has a circle color-coded according to the service line material information for the portion on public property and private property. The service line material categories are:  green – non-lead pipe material (typically copper), grey – lead pipe material, and white means it is unknown. Users must acknowledge the disclaimers and are invited to send an email with a photo of their line to update records.
• The Boston Water and Sewer Commission has an interactive map on its website to encourage customers to research whether their properties have private LSLs. Additionally, BWSC has set up a hotline for customers to get information on the Lead Service Incentive Program.
• The Greater Cincinnati Water Works offers an on-line tool that allows anyone to look up a property to determine if either the utility’s portion or the property owner’s portion of the service line is made of lead.  This map-based tool allows anyone to look up a specific address or to move around on the map to view the presence of lead lines in an area. This tool can be found at lead.mygcww.org.
• Malden, Massachusetts provides an interactive map with various layers including zoning, land use, trash pickup, and land conservation information in addition to a lead service overlay. The map displays what is known and unknown about publicly and privately-owned water service lines. 
• Platteville, Wisconsin has an interactive map, named Platteville Places, with layers detailing parcel, zoning, voting, and other information, including known LSL locations. The map displays locations where an LSL on private or public property was replaced, where both sides have been replaced, and where both sides are lead.   
• Pittsburgh Water and Sewer Authority (PWSA) – which provides water for 80% of the city’s population – has an interactive map displaying the results of curb box inspections performed by the utility. The map indicates whether the service line on private property and the side on public property is lead, non-lead, or unknown. As PWSA is still in the process of performing inspections, the map will be updated with new information. A user is required to recognize disclaimers before viewing the map.
• Columbus, Ohio provides an interactive map displaying possible locations of LSLs on public property and locations where the LSL has been removed or is not in use. Users must accept a disclaimer before viewing the map. The city also has a static PDF map showing potential locations of LSLs on public property.
• The Manitowoc Public Utility (Wisconsin) provides an interactive Lead Water Service map indicating known locations of LSLs on public property. Users must acknowledge disclaimers about potential inaccuracies before using the map.      
• The Fond du Lac Water Utility (Wisconsin) has an interactive map where residents can search their address and learn if the LSL on public property and the water service valve is made of lead.

The following communities have an on-line address lookup tool or post static maps on their website to help the public to identify whether a property might have a LSLs: 

• Cleveland Water has an online address search tool identifying locations of LSLs on public property and a static map detailing the percent lead by census tract. 
• The York Water Company provides a lookup tool for customers to check if records indicate the portion of the LSL on public property is made of lead. Customers must enter their account number for the information. The utility is actively seeking information from customers to establish a more robust inventory of LSLs on private property and to schedule replacements. 
• Galesburg, Illinois has a Lead Service Lookup for residents to check the service line material at their address.         
• The Green Bay Water Utility provides a list of addresses and a static map detailing utility owned LSLs on its website. The utility updates both the list and map on a monthly basis. 
• Milwaukee Water Works provides a static map and lists of addresses for properties with a meter and an active billing account that have an LSL from the water main to the curbstop. 
• Oshkosh Public Works provides a static map detailing the year that structures in the city were built; pre 1959 buildings potentially have LSLs on public and private property, 1959-1984 homes potentially have lead soldered joints on private property, and homes built after 1984 are unlikely to have LSLs.
• Quincy, Massachusetts provides a static map identifying known LSLs located on private property and a list of effected addresses. Additionally, the Department of Public Works reaches out via mail to residents whose homes may have an LSL based on historical records.
• The Tacoma Public Utility has a static map on its website indicating possible locations of lead goosenecks. 

For additional examples of state and community initiatives: 

• Environmental Defense Fund: Recognition of community and state LSL replacement programs​

Opportunities to support efforts include:

• The Environmental Protection Agency (EPA), states, or national associations that represent utilities could facilitate disclosure by developing a common format for utilities to make publicly available what is known or not known about LSLs on individual properties for both the utility-side and the property-owner’s side of the service line. A standardized format would better enable information technology firms, such as Google, Zillow and Redfin, to integrate the information into their existing tools popular with consumers. The format could be tested with users to help ensure that it is properly understood. 
• Congress could expand the lead-paint disclosure requirements for sales or rentals of housing built before 1978 to include whether the home has an LSL.
• States could expand their disclosure requirements to include LSLs. New York, Delaware, and Connecticut are examples.
• Home inspectors, insurance inspectors, housing authority inspectors, and other inspectors could look for the presence of an LSL and disclose it to their client, the property owner, and the utility.
• Federal mortgage insurers such as the Federal Housing Administration (FHA) could require disclosure of LSLs and consider its impact on property values.
• Fannie Mae, Freddie Mac, and other Government Sponsored Enterprises (GSEs) can require the presence of LSLs to be determined and factored into underwriting decisions for mortgages.
• Stakeholders could develop a model standard for due diligence investigations of property for potential environmental hazards that include the presence of an LSL.