LOC News
Water Pipe Preemption Legislation – Public Hearing Expected on February 11
The House Water Committee is expected to hear legislation Tuesday that would make it more difficult for a local government to select pipe and piping materials that are most appropriate for drinking water and wastewater projects. Cities are encouraged to submit letters and testimony in opposition to HB 4034 as the bill limits local authority over water infrastructure. Testimony in opposition should be sent to hwtr.exhibits@oregonlegislature.gov by Monday at 5 p.m.
Many local elected officials have been contacted by proponents of the legislation, through a campaign led by the American Chemistry Council. The LOC strongly encourages elected officials and other city staff to talk with public works staff and utilities managers about the legislation and the impacts it could have on drinking water and wastewater operations and infrastructure.
HB 4034 would preempt local governments, including cities, from adopting any ordinance, resolution, rule or other law to prohibit, restrict or limit an evaluation, comparison or use of pipe or piping materials for a water project. The language of the bill applies to projects receiving direct or indirect state funds. While there are some provisions in HB 4034 that allow a local government to have a professional engineer provide project-specific (case-by-case) specifications, the LOC is strongly opposed to the legislation as it would prohibit upfront specifications at the project design level and would result in additional costs, administrative burden and would ultimately make it more difficult for a local government to select the most appropriate pipe for their specific water or wastewater system. In addition, if a local government were to fail to get a project engineer to implement specifications for each component of a water project, they would be required to accept bids for all types of pipes that meet certain standards. Under this scenario, if an invitation to bid is extended due to a lack of specifications, the local government would be subject to public contracting laws that require awarding a contract to the lowest responsible bidder.
The LOC has heard many concerns from cities and other local governments that have reiterated that the ability to select the most appropriate pipe should supersede requirements to purchase lowest-cost materials that may not meet the unique needs of the water system. Specifications allow local governments to consider life-cycle costs, soil conditions, past performance of certain pipe materials, seismic and wildfire resilience, water conservation and water/wastewater system continuity.
Contact: Tracy Rutten, Lobbyist – trutten@orcities.org
Last Updated 2/7/20
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