Race to zero: Proposed federal rule, laws in states such as Minnesota are targeting a full replacement of lead service lines over next decade

Each policy conversation about lead in drinking water begins with a shared foundation: there is no safe level of lead in the human body. It is a persistent public health issue, one that for generations has disproportionately affected young people, particularly those living in underserved communities. No immediate solution is in sight, but over the past few years — in response to the devastating Flint water crisis in Michigan and other high-profile cases of lead exposure in communities — there has been a swell of new laws and regulatory activity.

It’s part of a “race to zero”: eliminating the threat of lead in drinking water. Parts of the Great Lakes region are most in need of these protections and improvements to the water infrastructure (see table).

“Every dollar spent on removing lead in drinking water puts two dollars back into the economy,” says Minnesota Rep. Sydney Jordan, noting a 2019 study from her state’s Department of Health.

That study pegged the cost of removing the two most significant sources of lead in Minnesota’s drinking water (lead service lines and plumbing fixtures) at up to $4.12 billion over a 20-year period, but the benefits at as much as $8.47 billion. This return on investment, the study’s authors say, comes from ending Minnesotans’ exposure to lead in drinking water. For example, exposure is linked to developmental delays and reduced cognitive functioning, resulting in less productivity and fewer earnings over a person’s lifetime.

New grants in Minnesota

Last year, Jordan and other Minnesota legislators established a new statewide goal: remove all lead service lines in the state by 2033. The same legislation, HF 24, also created a $240 million grant fund to pursue work related to this goal.

Priority is going to the removal of lead pipes in areas where young people have elevated levels of lead in their blood, and where there are schools, child care centers or “other properties … used by disproportionately large numbers of children.” Priority also is going toward work in disadvantaged communities.

“Environmental justice is a top priority for [us], so we want to target areas where lead exposure is greatest,” says Jordan, chief author of HF 24.

The grant program also addresses a common financial hurdle for fully replacing lead service lines. Typically, part of a lead service line is owned by the public utility; the other by the homeowner. To fully replace that line, a homeowner can be burdened with thousands of dollars in replacement costs.

But with Minnesota’s new grant program, the state covers all of the replacement costs for private service lines (and 50 percent for the publicly owned portion).

Big changes in federal rule

Minnesota’s investment is coming at the same time that states are getting historic amounts of federal assistance to remove lead service lines, via the Drinking Water State Revolving Loan Fund (see map) as well as $15 billion over the next five years from the Infrastructure Investment and Jobs Act.

Still, current levels of federal support fall short of the costs of full replacement, and under a proposed rule change of the U.S. Environmental Protection Agency, most water systems would need to remove lead service lines over the next decade.

This proposed revision of the Lead and Copper Rule is expected to be finalized sometime in 2024. Another key provision in it would lower the “lead action threshold” from 15 parts per billion to 10 ppb. This threshold triggers requirements regarding public notification and remediations to reduce lead exposure.

The accelerated replacement of lead pipes has been a policy priority of groups and coalitions such as the Great Lakes Lead Elimination Network. But Melissa Cooper Sargent, who co-manages this regional network through her work at the nonprofit, Michigan-based Ecology Center, also notes there are exceptions in the proposed federal rule to account for the pace of replacement and for large water utilities with high numbers of lead pipes.

“A large city like Chicago would maybe even have 40 years to replace those pipes; that’s just too long … for people to continue to be exposed to lead,” she says.

More testing in schools

Minus a full replacement of lead service lines, state laws that require an inventory of lines as well as a testing of drinking water can help identify areas in need of lead-eliminating filters and other immediate remediations.

In Indiana, for instance, Rep. Carolyn Jackson has been part of past legislative efforts that now mandate the testing of drinking water in schools (HB 1265 of 2020) and child care facilities (HB 1138 of 2023).

“The state of Indiana has not put any money in to help cover testing and remediation of lead in drinking water; the money we get is coming from the EPA,” says Jackson, who has introduced measures for a new state grant program for schools.

Some of these federal dollars are coming from the EPA’s Voluntary School and Child Care Testing and Reduction Grant Program. To date, program recipients have tested for lead in more than 12,500 U.S. schools and child care facilities.

This grant program also is being used to reach tribal schools and child care centers. The Great Lakes Inter-Tribal Epidemiology Center coordinates much of the work being done in Wisconsin and Minnesota.

“We work closely with the states to make sure we’re not duplicating services and helping each other fill gaps,” says Jacob Rimer, a public health specialist with the center.

Challenge in Canada

In 2019, the Government of Canada released guidelines on lead in drinking water, recommending corrosion control of lead pipes and/or lead service line replacement as remediation measures, as well as lowering the action threshold from 10 ppb to 5 ppb.

However, the province of Ontario’s action threshold remains at 10 ppb.

“Health Canada guidelines are not enforceable in Ontario,” Ontario Water Works Association executive director Michele Grenier says. She does not expect the province to adopt the federal guidelines; Québec did so in 2019.

As of late 2023, 21 municipalities in Ontario had filed lead control plans since 2007. Seven of those communities opted for a strategy of total lead service line replacement and eight are pursuing corrosion control. Six are pursuing a combination of these strategies.

The replacement of the privately owned portion of lead service lines also is an ongoing challenge in Canada. “There needs to be a funding source for homeowners to access to help them get it done. … The uptake on [loan and repayment plans] is incredibly low,” Grenier says.

 

 

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Legislative Tracker: Bills to Address Teacher Shortages (2023-2024)

Across the 11-state Midwest, state lawmakers are considering a litany of legislative proposals seeking to address teacher shortages. The table on this page lists legislation introduced and/or enacted during the current legislative session. Among the policies being pursued under these new laws:

  • changes to teacher licensure requirements;
  • upskilling pathways for paraprofessionals;
  • new financial assistance for new and veteran teachers, and;
  • modifications in the requirements for substitute teachers

CSG Midwest is tracking teacher-shortage measures in state legislatures as part of its support of the Midwestern Legislative Conference Education & Workforce Development Committee. It will continue to do so throughout the biennium.

The goal of this tracker is to identify and list all relevant proposals and laws initiated this legislative session. If you believe a proposal or law from 2023 or 2024 should be added to this tracker, please contact Derek Cantù, CSG Midwest’s lead staff person for the Midwestern Legislative Conference Education & Workforce Development Committee.

For more information about legislation enacted in recent years, read the policy brief “State Efforts to Combat Teacher Shortages”

See previous legislative tracker of teacher-shortage-related laws enacted in 2023.

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Ranked (Or Rankled?): States Consider Ranked Choice Voting Methods

Throughout American history, the method of elections and voting rules have changed regularly — whether legislatively or through court actions. Currently, a new(er) frontier is forming regarding a form of voting that could upend how states in the South (and nationwide) currently hold their elections and runoffs: ranked-choice voting.* Despite its novelty, these proposals have seen a broad spectrum of bipartisan support – and opposition.

Click here to read and download the full publication

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It’s a Grand New Flag!

By Trey Delida

“Let’s run it up the flagpole” is a figurative phrase legislators use when workshopping a new idea. Recently, however, the phrase has taken on a literal meaning as a number of states have introduced or approved a major redesign of their state flags.

“In the last 20-25 years, there are two fundamental reasons why states are changing their flags. The first is offensive symbolism. The second is poor design,” according to Ted Kaye, secretary of the North American Vexillology Association (NAVA).

Kaye has been involved in several flag redesigns in the states and internationally in the past two decades. In 2016, he compiled the works of 20 vexillologists/vexillographers into a booklet entitled, “’Good’ Flag, ‘Bad’ Flag,” which lists the five principles of good flag design. These guiding principles are often referenced in the flag redesign process and have become a touchstone for the creation of new flags.

The Five Principles of Flag Design

Based on these principles, states like Arizona, New Mexico, Texas, Colorado, Alaska, Maryland and South Carolina exhibit the qualities of good flag design through their simple yet memorable composition.

Almost 20 years ago, NAVA administered a survey asking people to rate the design qualities of U.S. and Canadian state, provincial and territorial flags. The resulting report was disseminated to media groups across the country with varying reactions, which Kaye believes changed how states viewed their flags.

“It was really the first time on a national scale, that state flags were compared to each other and shared with the public,” Kaye said. “States are starting to understand that the flag can be an important symbol representing themselves to the rest of the world and their residents. Call it branding, if you wish.”

Recent legislation has shown that lawmakers and voters alike feel that the “seal on a bedsheet” design no longer represents them. Such is the case for states like Utah, which recently voted to raise a new flag.

In 2023, four years after legislation was introduced, Utah Gov. Spencer Cox signed the bill enacting a new state flag. Sen. Daniel McCay, however, became involved much earlier in the process, thanks to the 2015 TED Talk by Roman Mars, “Why city flags may be the worst-designed thing you’ve never noticed.”

“After I watched that podcast, I called up the House sponsor of the bill, Rep. Steve Handy, and said, ‘Steve, I think we might need to do this,’” McCay recalled.

A handful of flag bills failed to pass in 2019 before the passage of SB 48, which was sponsored by Handy and McCay in 2021. The resulting Utah State Flag Task Force, comprised of six subcommittees, launched its “More Than a Flag” campaign that accepted thousands of potential designs from enthused Utahns.

“During the process I talked to thousands of Utahns. I traveled the state and talked to people in grocery stores, I talked to people in hardware stores — anywhere I was for that year and a half, I was talking to people about the flag,” McCay said. “It became this mission in some ways to capture, you know, Utah and make a flag that was representative of that. I was worried about not getting it right.”

The final design resulted from 70 people’s work pieced together to create a more modern emblem representing Utah’s heritage and landscape. Receiving the name “Beehive Flag,” the new design highlights the state’s snow-capped mountains, the southern red-rock canyons, and its historic ties to the early Mormon pioneers through the beehive symbol.

“One thing that I love about the new flag, is that it is 100% about Utah. I think that is a tribute to the iterative, constant public outreach and public process that helped refine the design to make it what it is.”

While Utah’s new flag is largely considered a success, it is not without criticism. Prior to the new flag’s adoption, opponents collected signatures to place the issue on the ballot. While these efforts failed, it is an indicator that this level of change can be difficult for state leaders to navigate. In an effort to find a middle ground, lawmakers moved to keep the original Utah flag as the historic state flag.

On May 11, the North Star State officially adopted its new state flag, replacing the original, which brought up painful memories for Native American communities. The original state crest and flag depicted a white settler farming while a Native American rides off on a horse. Army Capt. Seth Eastman designed the seal in 1858 and his wife’s accompanying poem about the design confirmed its problematic interpretation.

For Sen. Mary Kunesh, a descendant of Standing Rock Lakota, this cause was especially close to home.

Kunesh was a primary author of SF 386 (2023), which passed with bipartisan support and subsequently launched the commission to redesign Minnesota’s flag.

“Not only did the state come to the realization of what that flag depicted, but it also gave a pause to understand the historical context of our indigenous people,” Kunesh said. “It allowed us to create a flag that really represents the Minnesota that we are today.”

Through the State Emblems Redesign Commission, state leaders worked in conjunction with designers, vexillologists and other members of the public to find a design that accurately reflected the state’s diverse communities and history. The Minnesota Historical Society was tasked with providing administrative support, gathering participants from across the state and setting up processes for design submissions and public comments.

According to the report of the commission, a total of 2,128 flag designs were submitted, garnering 21,882 public comments for redesign finalists via the main commission page.

The final design depicts a dark blue interpretive shape of Minnesota’s outline with an eight-point star in the center, representing the night sky and the North Star, or the state’s motto “L’étoile du Nord.” The other side of the flag is a bright blue color, symbolizing water, as Minnesota is commonly referred to as the “Land of 10,000 Lakes.”

One of the most prominent features in the Minnesota State Capitol is the large eight-pointed star on the floor of the rotunda beneath the dome. Throughout history, this star has been used in many cultures across the globe but was used extensively in quilting among Indigenous tribes. A marked difference from the original imagery.

“It’s phenomenal that I, with my Indigenous background and my unique knowledge of the history of Minnesota, was able to do this in partnership with so many people who believed in how important it was,” Kunesh said. “I think this is another indicator that Minnesota is willing to listen and learn and make positive changes.”

This sentiment rings true for Mississippi, which adopted a new flag in 2021 to replace the original which depicted a Confederate flag in the top left corner.

For Utah, a state founded on the principles of hard work, the new flag gives reverence to the original battle for statehood while setting the stage for a new era. Every facet of the new flag is formed out of a hexagon, the strongest naturally occurring shape.

“What I hope about the new flag, and we hope, is that Utah will be known for our strength,” McCay said.

For Minnesota, the new flag symbolizes a change in direction, one that all Minnesotans can stand behind.

“I think it demonstrates that the future of Minnesota is worth working for and worth fighting for,” Kunesh said. “We’re a people that are working hard to achieve inclusion and equality, and by exchanging or removing the hurtful flag that we had before, we’re taking another step closer to the goal of ensuring that we represent a positive Minnesota.”

Other states are still considering legislation that would change or modify their current state flag, including Michigan and Maine. In Illinois, the legislature plans on starting the redesign process later this year.

Groundswell of Support to Continue the Second Chance Act: More than 150 Organizations Nationwide Support Reauthorization

The Council of State Governments (CSG) Justice Center and 175 organizations from across the country have signed a letter urging Congress to support reauthorization of the Second Chance Act (SCA). The organizations represent a broad range of sectors including behavioral health, business, faith communities, law enforcement, and others. The bipartisan legislation extends and enhances reentry programs that provide critical services around career training, housing, childcare, and treatment for people with behavioral health and substance use disorders.

The organizations in support joined the CSG Justice Center in emphasizing the value of SCA programs in strengthening reentry services, reducing recidivism, and improving public safety. The letter urges leaders of the House and Senate judiciary committees to advance this critical piece of legislation and provide individuals, families, and communities nationwide with access to services and resources that will help ensure the success of people reentering society after incarceration.

Since the Second Chance Act passed 15 years ago, over 1,100 grants totaling more than $600 million have been administered to 845 agencies across 49 states, the District of Columbia, U.S. territories, local and Tribal governments, as well as reentry-focused nonprofit organizations. Between 2009 and 2023, SCA grants impacted more than 442,000 people involved in the criminal justice system who participated in reentry services or parole and probation programs.

With over 600,000 people returning home from prison each year and even more exiting local jails, SCA programs are vital to ensuring public safety and reducing recidivism rates.

Reauthorization of the Second Chance Act will extend critical programs to reduce recidivism, invest in communities, and promote public safety by continuing to:

  • Reauthorize key grant programs that provide vital services, supports, and resources for people reentering their communities after incarceration;
  • Expand allowable uses for supportive and transitional housing services for people reentering their communities from prison and jail; and
  • Enhance addiction treatment services for people with substance use disorders, including peer recovery services, case management, and overdose prevention.

Legislation to reauthorize the Second Chance Act was introduced in the U.S. Senate on June 5, 2024 (S. 4477) by Senators Shelley Moore Capito (R-WV), Cory Booker (D-NJ), John Cornyn (R-TX), Dick Durbin (D-IL), Thom Tillis (R-NC), Peter Welch (D-VT), Kevin Cramer (R-ND), and Amy Klobuchar (D-MN).

It was introduced in the U.S. House of Representatives in April (H.R. 8028) by Representatives Carol Miller (R-WV), Danny Davis (D-IL), Kelly Armstrong (R-ND), Sheila Jackson Lee (D-TX), Bruce Westerman (R-AR), Bobby Scott (D-VA), Jerry Nadler (D-NY), Mike Turner (R-OH), and Darin LaHood (R-IL).

READ THE NATIONAL SUPPORT LETTER

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Southern Pulse Newsletter, June

Can you believe it is almost time for #SLCWV2024?

Each member of the CSG South Staff team, from accounting to our event planners to policy and marketing, has pulled in hundreds of hours of planning and attending to the thousands of details that, when combined, have created the most anticipated Southern Legislative Conference to date. However, we could never have pulled it off without our host state leadership’s tireless work and vision. To the staff and legislative leaders in West Virginia who make SLC 2024 possible, we continue to thank you and can’t wait to help you showcase all your beautiful state has to offer. 

See you at The Greenbrier!

Lindsey G.

Click here to read Southern Pulse- June 2024

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