Louisiana voters will decide Nov. 3 whether to add an explicit constitutional exception allowing local governments to use public funds for drinking-water service-line work on customers' property.
Amendment 7 would cover identifying, inventorying, removing and replacing service lines made of or affected by materials addressed in the U.S. Environmental Protection Agency's Lead and Copper Rule Improvements. The proposed exception would apply statewide, according to the secretary of state's ballot language.
The vote addresses a financing question for utilities replacing pipes that run across public and private property. Louisiana's constitution generally restricts the use of public money for private individuals and entities, with specified exceptions. The amendment would add qualifying drinking-water service-line work to those exceptions.
In New Orleans, the stakes include a $152 million EPA-approved loan for the Sewerage and Water Board's lead-pipe work, the Louisiana Illuminator reported. The board can already replace pipes in public rights-of-way with public dollars, while private owners have been asked to replace lines connecting their buildings to water mains when feasible.
A state attorney general's opinion has concluded that New Orleans can legally use the federal money to remove lead pipes on private property, according to the Illuminator. Amendment sponsor Sen. Royce Duplessis, D-New Orleans, and supporters say a constitutional change would solidify that exception.
That distinction matters to the vote: the proposal would provide explicit constitutional authority, while the existing opinion already supports New Orleans' use of the financing for private-property work.
The $152 million loan would cover only part of the city's needs. The Sewerage and Water Board has estimated its lead-pipe abatement costs at more than $1 billion, the Illuminator reported. The outlet reported that the broader replacement project is expected to run through 2037.
A yes vote would approve the new exception. A no vote would leave current restrictions and existing exceptions in place, KALB reported.