Get The Lead Out: Significant New Funding Available to Remove Lead from Drinking Water

The information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law. Consult NHMA's legal services or your municipal attorney.

It is well known that lead is highly toxic and harmful to people—especially to children and pregnant women—and that there are no safe levels of lead. Unfortunately, outdated and aging drinking water infrastructure in the U.S., and in New Hampshire, can be a source of lead exposure, threatening the health of children and adults who consume it.

Fortunately, the U.S. Environmental Protection Agency (“EPA”) is seeking to replace these outdated systems with new, lead-free infrastructure under the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (“BIL”). Municipalities can capitalize on this opportunity, and protect their residents from avoidable lead exposures, by seeking funds provided by this law to identify and replace lead service lines.

According to EPA's 7th Drinking Water Assessment, there are 9.2 million lead service lines across the country, with approximately 14,800 lead service lines in New Hampshire.[1] Lead pipes are more likely to be found in older cities and in homes built before 1986, the year when the Safe Drinking Water Act was amended to require lead-free pipes for public water systems.[2] Without complete housing records and public water system inventories, it can be difficult for municipalities to locate all their lead service lines. Once lead service lines are identified and inventories complete, municipalities should ensure outdated and aging infrastructure are fully replaced to provide clean water to its citizens for generations to come. Municipalities throughout New Hampshire can more easily identify and replace their lead service lines by applying for BIL funding through the state’s Drinking Water State Revolving Fund (“DWSRF”).

Bipartisan Infrastructure Law & Drinking Water State Revolving Fund

The BIL is the single-largest investment in water infrastructure in U.S. history, providing $50 billion for essential water, wastewater, and stormwater infrastructure upgrades for fiscal years 2022 through 2026.[3] The majority of this funding (approximately $43 billion) flows through the State Revolving Funds.[4] The 1996 Amendments to the Safe Drinking Water Act created a Drinking Water State Revolving Fund (“DWSRF”) to provide assistance in the form of low-interest loans to public water systems to finance the cost of drinking water infrastructure.[5] There are three DWSRFs in New Hampshire: the Lead Service Line Replacement DWSRF (“Lead DWSRF”), the General Supplemental DWSRF, and the Emerging Contaminants DWSRF. This article addresses the Lead DWSRF.

The Lead DWSRF

The BIL provides $3 billion annually for fiscal years 2022 through 2026 to identify and replace lead service lines through Lead DWSRFs across the country.[6] States are guaranteed a minimum of one percent of the total funding available no matter how many lead service lines they identify.[7] New Hampshire will receive one percent of the total funds—almost $30 million per year for fiscal years 2022 through 2026—to help community and non-transient non-community water systems identify and replace their lead service lines.[8] Eligible uses for these funds include, among others, identifying lead service lines and fully replacing them.[9]

The BIL mandates that 49 percent of the funds provided through the Lead DWSRF must be provided as grants and forgivable loans to disadvantaged communities, which are defined as communities whose median household income (MHI) is less than the statewide MHI based on the most recent census data and/or income survey.[10] The Lead DWSRF accepts rolling, year-round applications and up to 100 percent forgiveness.[11]

Once pre-applications are approved, projects are invited to submit a Final Application. Applicants should be sure to review the Drinking Water Infrastructure Project Final Application Checklist. Applicants can skip the annual pre-application process and go directly to the final application, but they are required to have authority to borrow from their governing body.[12]

Small System Lead Service Line Inventory Consultants

EPA’s new Lead and Copper Rule Revision requires each community water system[13] and non-transient non-community water system[14] to develop and submit an inventory of all service lines within the water system’s distribution system by October 16, 2024.[15] The inventory is intended to identify the location and material of all lead service lines within public water systems.[16] The New Hampshire Department of Environmental Services (NHDES) has paired four consulting firms with community and non-transient non-community small and medium water systems serving fewer than 1,700 service connections.[17] The four consulting firms will help these systems develop and submit their lead service line inventories, replacements, and sampling plans by the October 16, 2024 deadline.[18] Arcadis, Hazen & Sawyer, Underwood Engineers, and Northeast GIS consultants began work in April 2023 and are working directly with each water system to collect, review, and complete the required submittals to NHDES.[19] There is no cost to the water systems for this assistance.[20] Check your water system’s assigned consultant.

Large Public Water System Lead Service Line Inventory Grant

There is also a grant program for large community water systems aimed at lead service line inventory and replacement.[21] Eligible communities (public water systems serving more than 1,700 service connections)[22] interested in receiving this grant must complete the Large PWS LSLI Grant Program Application. There is no deadline for this submittal; however, the deadline to complete inventories and replacement plans is October 16, 2024.[23] Grants will be distributed on a first come, first served basis.[24] The program budget allows grants of $50,000 to $100,000 based on the number of service connections; importantly, no community match is required.[25] Eligible activities include the following tasks when used for creating the lead service line inventories, sampling plans, and replacement plans: digitizing historic records, building inspections, and water quality testing.[26]

Tackling Lead Drinking Water Infrastructure Together

Preventing lead in drinking water is essential to protecting the health of New Hampshire children and residents. The BIL represents an unprecedented opportunity for municipalities and public water systems to take action to prevent lead exposures from aging and outdated infrastructure. By seeking these funds, New Hampshire cities and towns can help ensure drinking water is free from lead and help make their communities healthier.

Contacts for More Information:

Stephanie Nistico  stephanie.h.nistico@des.nh.gov  Drinking Water and Groundwater Bureau:  (603) 271-0867

Heather Baron, heather.l.baron@des.nh.gov  Drinking Water and Groundwater Bureau: (603) 271-5927

Tom Irwin is Vice President and Director of Conservation Law Foundation in New Hampshire. Adam Scheckman is a student at Vermont Law and Graduate School (J.D. Candidate 2024), where he is also pursuing an M.S. in environmental law and policy. He was CLF New Hampshire’s Cavers Intern during the summer of 2023.

[1] EPA, EPA Announces $62.2 Million for Drinking Water Infrastructure Upgrades in New Hampshire (2023), https://www.epa.gov/newsreleases/epa-announces-622-million-drinking-water-infrastructure-upgrades-new-hampshire; EPA, 7th Drinking Water Infrastructure Needs Survey and Assessment, Exhibit 6 (2023), https://www.epa.gov/system/files/documents/2023-04/Final_DWINSA%20Public%20Factsheet%204.4.23.pdf.   

[2] EPA, Protect Your Tap: A Quick Check for Lead (2021), https://www.epa.gov/sites/default/files/2021-05/documents/pyt-case-study-nh.pdf; EPA, Use of Lead Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water (last updated Apr. 11, 2023), https://www.epa.gov/sdwa/use-lead-free-pipes-fittings-fixtures-solder-and-flux-drinking-water.

[3] EPA, Bipartisan Infrastructure Law SRF Funding Status (2023), https://www.epa.gov/water-infrastructure/bipartisan-infrastructure-law-srf-funding-status; See also EPA, Biden-Harris Administration Announces $6.5 Billion for Drinking Water Infrastructure Upgrades Across the Country (2023), https://www.epa.gov/newsreleases/biden-harris-administration-announces-65-billion-drinking-water-infrastructure.

[4] EPA, Bipartisan Infrastructure Law SRF Funding Status (2023), https://www.epa.gov/water-infrastructure/bipartisan-infrastructure-law-srf-funding-status.

[5] NHDES, Drinking Water State Revolving Fund (last visited Jun. 7, 2023), https://www.des.nh.gov/business-and-community/loans-and-grants/drinking-water-state-revolving-fund.

[6] EPA, Biden-Harris Administration Announces $6.5 Billion for Drinking Water Infrastructure Upgrades Across the Country (2023), https://www.epa.gov/newsreleases/biden-harris-administration-announces-65-billion-drinking-water-infrastructure.

[7] Id.

[8] EPA, FY 2023 Allotments for the Drinking Water State Revolving Fund based on the Seventh

Drinking Water Infrastructure Needs Survey and Assessment Memorandum (2023), https://www.epa.gov/system/files/documents/2023-04/Final_FY23%20DWSRF%20Allotment%20Memo%20and%20Attachments_April%202023.pdf; NHDES, Lead and Copper: Lead Funding Assistance (last visited Jun. 7, 2023), https://www.des.nh.gov/water/drinking-water/public-water-systems/lead-and-copper.

[9] EPA, Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions

of the Bipartisan Infrastructure Law Memorandum, Appendix D (2022), https://www.epa.gov/system/files/documents/2022-03/combined_srf-implementation-memo_final_03.2022.pdf.

[10] EPA, Bipartisan Infrastructure Law: State Revolving Funds Implementation Memorandum (2022), https://www.epa.gov/system/files/documents/2022-03/bil-srf-memo-fact-sheet-final.pdf; EPA, DWSRF Disadvantaged Community Definitions: A Reference for States, Page 33 (2022), https://www.epa.gov/system/files/documents/2022-10/DWSRF%20DAC%20Definitions%20Report_October%202022%20Updates_FINAL_508.pdf.

[11] NHDES, Lead and Copper: Lead Funding Assistance (last visited Jun. 7, 2023), https://www.des.nh.gov/water/drinking-water/public-water-systems/lead-and-copper.

[12] See State of New Hampshire, Drinking Water Infrastructure Project Final Application Checklist (2023), https://onlineforms.nh.gov/app/#/formversion/aa4360aa-5292-405c-a33c-93a88e1c2aa3?FormTag=NHDES-W-03-034.

[13] “Community Water System” is defined as a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. See RSA § 485:1-a.

[14] "Non-transient non-community water system" means a system which is not a community water system and which serves the same twenty-five people, or more, over six months per year. See RSA § 485:1-a.

[15] NHDES, Service Line Inventory (Aug. 15, 2022), https://www.des.nh.gov/blog/service-line-inventory.

[16] Id.

[17] NHDES, Lead and Copper: Lead Funding Assistance (last visited Jun. 7, 2023), https://www.des.nh.gov/water/drinking-water/public-water-systems/lead-and-copper.

[18] Id.

[19] Id.

[20] Id.

[21] NHDES, Drinking Water-Related Grants (last visited Jun. 7, 2023), https://www.des.nh.gov/business-and-community/loans-and-grants/drinking-water.

[22] NHDES, Lead and Copper: Lead Funding Assistance (last visited Jun. 7, 2023), https://www.des.nh.gov/water/drinking-water/public-water-systems/lead-and-copper.

[23] NHDES, Drinking Water-Related Grants (last visited Jun. 7, 2023), https://www.des.nh.gov/business-and-community/loans-and-grants/drinking-water.

[24] Id.

[25] Id.

[26] See NHDES, Large Public Water System Lead Service Line Inventory Grant Program (Sep. 28, 2022), https://onlineforms.nh.gov/app/#/formversion/1f7c0d73-0da8-45ec-9796-3530ce872799?FormTag=NHDES-W-03-285.