Youngstown Daily Legal News

Legislation would allow for new types of materials in sewer, water line replacement

TIFFANY L. PARKS
Special to the Legal News
Published: September 18, 2014

An adjunct scholar at the Competitive Enterprise Institute in Washington, D.C. has outlined a case for the passage of House Bill 417.

The proposed legislation would ensure that all proven and acceptable piping materials are included in bids for water and wastewater utility service improvement projects.

“When we think of crumbling infrastructure, we generally picture decaying roads, bridges and tunnels — things we can easily see and feel,” Bonner Cohen said.

“But a crisis every bit as serious, and every bit as expensive, is playing out beneath our feet, and the problem is hardly unique to Ohio. In a 2010 report, the U.S. Conference of Mayors predicted that over the next 20 years, $3.28 trillion will have to be spent rehabilitating the nation’s water and wastewater systems.”

Cohen said the U.S. Environmental Protection Agency has indicated that underground pipes account for roughly 60 percent, or $2.28 trillion, of that total.

“The most visible sign of the crisis beneath our feet are water-main breaks, of which North America has 300,000 every year,” he said.

“If leaking, corroded water pipes are not replaced in a timely manner, they will continue to deteriorate, creating pathways for harmful bacteria to enter water systems. As such, there are serious public health concerns that are tied to decaying underground water pipes.”

Water systems are capital-intensive operations and Cohen said putting off pipe replacements racks up the eventual cost.

“With the debt-ridden federal government, through its woefully-underfunded State Revolving Funds program, no longer in a position to provide meaningful financial assistance, state and local governments are left to their own devices in addressing their underground water infrastructure problems,” he said.

“The first thing they can do is remove barriers that limit competition in bidding on infrastructure projects.”

Many local governments have not updated their procurement specifications to account for improvements in technology that could reduce the cost of upgrading underground water networks.

Cohen said when competition is limited by antiquated procurement procedures, costs of repair and replacement rise and quality suffers.

“Some of the exclusionary provisions in procurement specifications may have made sense at the time they were adopted, but they have been overtaken by advances in technology,” he said.

“This is where HB 417 comes in.”

The bill, sponsored by Rep. Andrew Thompson, R-Marietta, would revise state law to provide that all applicable materials could be included in bids for water infrastructure upgrades.

The measure would require certain governmental agencies, when contracting for water or wastewater utility service improvement projects, to procure only piping material that meets the current recognized standards issued by ASTM International and the American Water Works Association, or their successor organizations.

Cohen said HB 417 does not favor one product over another.

“It allows them to compete on a level playing field in the spirit of ‘may the best technology win,’” he said.

If the bill is enacted, governmental agencies would be required to make certain considerations regarding piping material, such as considering the material to be suitable for a project only if its use is commensurate with sound engineering practices and the project requirements.

In sponsor testimony for HB 417, Thompson said Cleveland has an ordinance on the books that dates back to 1937 that specifies the materials that are allowable in constructing a service pipe.

“The materials vary depending on the diameter and placement of the pipe within the water system, but the materials are generally limited to lead, copper, brass, wrought iron or steel,” he said, adding that the ordinance allows for use of other materials if special, written permission is granted.

“I may not represent Cuyahoga County but I am fairly certain they would welcome an option that could replace lead when installing new pipes, especially given the new material advancements that have come about since the referenced ordinance’s inception prior to World War II.”

Thompson noted that Marietta’s water and sewer connections ordinance limits the materials available for both water piping and sewer piping.

While both Cleveland and Marietta allow for other approved, acceptable or specially-permitted material, the lawmaker said those materials might not be treated equally during a competitive bidding process.

“It would be much easier for the administrator in charge of a water or wastewater project to select a bid for one of the pre-approved materials, rather than to go through the process of getting special approval, special permission or special acceptance for a new material,” he said.

Cohen urged lawmakers to support HB 417.

“Once written off as a Rust Belt state whose best days were behind it, Ohio is now in the midst of a remarkable economic recovery thanks to the shale revolution that is making the Buckeye State an energy powerhouse,” he said.

“Just as Ohio is taking advantage of the technologies that are making it a leading oil and gas producer, it can also avail itself of the technologies best suited to rehabilitate its underground water networks. By doing something as simple and sensible as opening up procurement procedures to fair competition, Ohioans can be ensured of ready access to clean, reliable and affordable water in their homes, schools and businesses for generations to come.”

HB 417 is co-sponsored by Republican Reps. John Becker, Gerald Stebelton, Kristina Roegner, Wes Retherford, Robert Sprague, John Adams, Terry Boose, Ron Hood and Ron Young.

The bill is before the House Public Utilities committee.

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