LOC News

LOC to Oppose Legislation Preempting Local Control for Water Projects

The LOC will be opposing legislation that preempts local governments, including cities, from enacting, adopting or enforcing any ordinance, resolution, rule or other law that prohibits, restricts or limits an evaluation, comparison or use of pipe or piping materials for a water project. The proponents of the bill have indicated they want local governments to consider plastic-based pipes for both drinking water and wastewater systems. The LOC has contacted numerous cities statewide and found that there are some restrictions on what type of piping can be used for certain types of projects or certain components of a water project. The reasons for those restrictions vary and include: water conservation practices; pressurization concerns for sections of drinking water piping; the ability to easily locate and repair leaks; asset management approaches (life-cycle costs); and ensuring that repairs to water lines are compatible with an existing system and existing piping.

View HB 4043 in full

We are encouraging cities to review this legislation with their public works teams and other staff (please provide any feedback to the email listed below). It has come to the attention of LOC that some local elected officials have received emails encouraging their city to support this bill. It is important for cities to understand that there is currently no statutory limitation that prohibits a local government from considering various types of piping. As a result, this legislation would insert the state into the local process for the building and maintaining of water infrastructure.

The LOC supports local control for cities to determine what will work best for their community and infrastructure needs. This legislation interferes with that local control, and we encourage cities to consider opposing LC 199/HB 4043 in order to preserve the ability to make necessary considerations at the local level. Any letters of opposition should be sent to the email below as it is unclear when the bill may be scheduled for a public hearing and since the timing for bills to be scheduled and heard can be in a very short timeframe.

Contact: Tracy Rutten, Lobbyist – trutten@orcities.org

Last Updated 1-31-20