LSL Policy Lowdown: September 21–October 4, 2026
🔎Legislative Scanner
Check out EPIC's legislative scanner to keep track of all the state LSL bills worth keeping an eye on.
Federal Updates
LCRI Hearing Focuses on Utility “Control” of Private-Side Service Lines
Oral arguments in the LCRI litigation were held September 30, with the judges divided over a key question: whether utilities have sufficient “control” over service lines on private property when they can “access” the property—and therefore must replace them.
EPIC’s take: 🌶️ Things are heating up in court. Two of the judges view EPA’s mandate as requiring utilities to replace lines they can reasonably access, noting that utilities routinely maintain infrastructure on private property without needing permission in every instance (e.g., repairing a downed electric line). The third judge questioned whether “control” can really be equated with “access”. We tend to agree with the first two judges. In fact, state and local governments can help make this authority more explicit, and several states have already done so. Just this year Tennessee, Virginia, Louisiana, and Illinois passed laws allowing utility access to private property for inventories and replacement.
State Updates
Ohio’s Governor Seeks Support for LSL Funding
Gov. DeWine is highlighting H2Ohio’s success in helping remove LSLs across the state as he pushes the legislature to renew funding for the program. This is an uphill battle after legislators declined his previous $270M request, budgeting only ~$165M instead.
EPIC’s take: 🚩 State funding will become increasingly important as LCRI compliance kicks in. Since 2019, H2Ohio has supplemented SRFs to remove 16,000 LSLs statewide, with another 30,000 replacements underway, showing how state investment can help sustain momentum. With IIJA funding winding down and the future of dedicated LSL funding through DWSRF reauthorization uncertain, Ohio may want to reconsider its investment in the program.
Local Updates
🚧Hurdles
Denver business pushes back on LSL replacement disruption. One restaurant owner complained that the business must either shut down while its service line is replaced or face a water shutoff, potentially costing thousands in lost revenue and requiring additional repairs inside the building.
EPIC’s take: 🚩 Replacement can be disruptive, but there are trade-offs. We often hear complaints about restoration after residential replacements (we all know how much people care about their flower beds and lawns), but business disruptions raise the stakes when closures can directly affect revenue and livelihoods. Utilities could allow businesses to schedule and manage replacements themselves, but that typically shifts the cost to the property owner—and would likely be more expensive than absorbing a short-term closure.
Want to learn more?
Visit EPIC's LSL Policy Lowdown page, LSL Replacement Initiative page, and our Lead Innovation Hub.
