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5.3 ERMUSR 04-08-2025Elk River _ - Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Mark Hanson —General Manager MEETING DATE: AGENDA ITEM NUMBER: April 8, 2025 5.3 SUBJECT: Water Service Line Ownership ACTION REQUESTED: Discuss possible policy changes to ERMU's water service line ownership BACKGROUND: At the February 2025 meeting, staff presented the results of a 50-city survey describing water service line ownership policies. Selected cities created a diverse sample set including Minnesota Municipal Power Association membership, Minnesota Municipal Utilities Association membership, population, and regional proximity. Water service line breaks are relatively rare (2-3 per year) but can be expensive. Such repairs typically cost anywhere from $3,000 to $30,000+ depending on the amount of restoration work needed. For ERMU's customers, property owners own their entire water service line, from the main to their home or business. The same is true for the city's sanitary sewer service lines, although the two do not have to match. Three other options were also discussed at the February meeting: • The city owns the service line from the main through the curb stop valve • The city offers a protection program (repair fund) to assist owners with repair costs • The city differentiates between residential and commercial properties Commission members asked several clarifying questions for each of the ownership options, including the potential for insuring the service lines. After further discussion, the consensus was to delay action and bring it back in 60 days so staff could research the insurance options. DISCUSSION: The League of Minnesota Cities Insurance Trust (LMCIT) will insure water service lines if ERMU: 1) Also insures all our water mains (they are currently not insured), and 2) Takes ownership of the water service lines. LMCIT has estimated the cost to insure the water mains is $47,000 per year and the cost to insure both the mains and the service lines is $61,350 per year. The deductible limits are $20,000 per occurrence and $40,000 annual aggregate. Therefore, ERMU would need to incur over $101,350 in water main/service line annual repair costs before breaking even. Based on past years, it is unlikely we would experience annual totals over $100,000. Page 1 of 3 W. Possible Ownership Options: The chart below summarizes the surveyed data for the typical ownership options for water service lines. The advantages and disadvantages of each option are listed after the table. 1) Status Quo: The property owner owns the entire service line (24 cities/50 surveyed) 2) Modified Status Quo: No change to ownership, but ERMU implements a service line protection program to cover repair costs (3/24). 3) ERMU owns from the main through the Curb Stop for all properties (26/50) 4) ERMU owns from the main through the Curb Stop for residential properties only (3/50) Option Overall Metro MMPA MMUA Size Regional Main Only (ERMU)* 24/50 9/28 3/5 9/16 18/33 6/12 Protection Program 3/24 0/9 0/3 3/9 3/18 1/6 Through Curb Stop 26/50 19/28 2/5 7/16 15/33 6/12 Residential Only* 3/50 1/28 0/5 2/16 2/33 1/12 *Includes those cities offering a protection program. Option 1, Status Quo. The property owner owns the entire service line (ERMU's current policy, 24/50 surveyed cities use this policy). Advantages: The simplest approach to managing service lines. Customers would have the option to distribute their repair/replacement costs over 10 years by having their repair costs assessed to their property. Disadvantages: Can place a financial burden on customers that need to repair/replace their water service line. Despite numerous "Who Owns What" communications, most customers don't realize they are responsible for service line costs. Option 2: Modified Status Quo. No change to ownership, but ERMU implements a service line protection program to cover repair costs (3/24 cities). Advantages: No change to City Ordinance/ERMU Water Rules. The implementation of a protection program provides a funding source for water service line repairs without impacting rates. Additionally, it can be crafted to control ERMU's liability while still easing the financial burden on customers. The fee would be implemented similar to the City's current franchise fee. It can also include an opt -out option if desired. Disadvantage: Since it's a separate fee (not included in the water rates) some customers may see it as a lack of transparency. Option 3: ERMU owns from main through Curb Stop for all properties (26/50 cities). Advantages: Simple and consistent implementation that mirrors majority of the 50 cities surveyed. Offers protection to all customers, regardless of type, size, or location. The added risk associated with covering all properties could be further controlled by using a tiered structure based on service line size. Page 2 of 3 199 Disadvantages: Likely represents the most expensive option as it represents the greatest financial exposure. Rates would need to increase to cover the increased exposure. Since the increased costs would be recovered through increased rates, there is no opt out option. Option 4: ERMU owns from main through Curb Stop for residential properties only (3/50 cities). Advantages: Offers protection to residential customers while avoiding the higher cost potential associated with commercial properties. The majority of residential properties have one -inch or smaller lines that connect to water mains located under low -volume residential roads. Commercial/industrial properties can have service lines that are considerably longer and larger that connect to water mains under higher -volume collector roads. Larger lines and connections under higher -volume roads can significantly increase repair costs. Disadvantages: Smaller business owners, with line sizes similar to residential properties, may be upset over the lack of consistency with residential properties. FINANCIAL: Financial exposure will depend on what, if any, changes are made to our current policy. If ERMU takes on the added responsibility of funding service line repairs/replacement from the main through the curb stop valve, residential costs would increase by approximately $2.20/month. Costs for commercial customers would increase by approximately $5.10/month. Depending on the selected program, these amounts would be recovered through either a service fee or a rate increase. These amounts could decrease if additional risk -limiting measures are implemented. Calculating the final amounts would be part of our 2025 rate study, planned for the third quarter of 2025. DISCUSSION QUESTIONS: 1) Does the Commission wish to socialize water service line repair costs? If yes, is there a preference for implementing a service line repair program or revising the ordinance/water rules? 2) If the Commission desires to socialize repair costs, is there a desire to exclude commercial properties? • If yes, is there a preference to exclude all commercial properties, or only those commercial properties exceeding a certain service line size? 3) If the Commission desires to socialize repair costs, is there a desire to limit ERMU's risk by capping our exposure through additional limitations? • If yes, staff will present risk mitigation options at a future commission meeting. ATTACHMENTS: • 2025-4 - 5.3a - Water Service Line Diagram • 2025-4 - 5.3b - Feb 2025; Water Service Line Ownership, Report • 2025-4 - 5.3c - Feb 2025; Water Service Line Ownership, Survey Results Page 3 of 3 200 2025-4 - 5.3a - Water Service Line Diagram 'URB WATER MAIN 201 Elk Rive Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Mark Hanson — General Manager MEETING DATE: AGENDA ITEM NUMBER: February 11, 2024 5.4 SUBJECT: Water Service Line Ownership ACTION REQUESTED: Discuss possible policy changes to ERMU's water service line ownership BACKGROUND: At the December 2024 meeting, commission members directed staff to survey water service line ownership policies of various cities. Staff selected 50 cities and identified their respective ownership policies. Cities were selected based on a desire to get a diverse sample set while still including cities with similar attributes such as Minnesota Municipal Power Association membership, Minnesota Municipal Utilities Association membership, size, and regional proximity. For ERMU's customers, property owners own and are responsible for their entire water service line, from the main to their home or business. Per city ordinance, the same is true for sanitary sewer service lines. The surveyed cities, however, described four different types of ownership for water service lines: • The property owner owns the entire service line (current ERMU policy) • The city owns the service line from the main through (including) the curb stop valve • The city offers a protection program (repair fund) to assist owners with repair costs • The city differentiates between residential and commercial properties Water service line breaks are relatively rare but can be expensive. Such repairs typically cost anywhere from $3,000 to $30,000+ depending on the amount of restoration work needed. Water service line repairs often involve older homes/businesses with owners who may have limited resources, making it difficult for them to absorb these unexpected costs. DISCUSSION: Frequencies and Costs of Service Line Breaks: Based on historical averages over the last eight years, ERMU experiences roughly two water service line breaks (leaks) per year. Most of the breaks occur at the curb stop valve. With roughly 5,650 total water customers, repairing two service line breaks per year at an assumed $8000 repair cost would average out to an increase of $0.25/month per account. Page 1 of 4 202 The bigger financial impact, however, is the need to replace service lines from the main through the curb stop when doing water main replacement projects. This is a common practice for utilities that own the service line through the curb stop valve because it minimizes the potential of having to cut into a freshly paved road to repair/replace a broken service line. These costs are estimated at $3,000 per service line. On average, ERMU would replace approximately 45 service line connections per year as part of a water main replacement project, adding another $2.00/month per account. Differentiating the frequencies and costs described above by residential versus commercial accounts yields the following averages: Break Repair Residential Commercial Customer Accounts 5,100 550 Breaks per Year 2 0.33 Average Cost per Break $6,000 $12,000 Average Cost/Month/Account $0.20 $0.60 Curb Stop to Main Replacement Residential Commercial Customer Accounts 5,100 550 Services per Year 40 5 Average Cost per Break $3,000 $6,000 Average Cost/Month/Account $2.00 $4.50 Totals Residential Commercial Monthly Break Cost $0.20 $0.50 Monthly Replacement Cost $2.00 $3.80 Total Monthly Cost/Account $2.20 $5.10 Possible Ownership Options: Listed below are the typical options for ownership/responsibility of water service lines. The chart summarizes the surveyed data for each option. The advantages and disadvantages of each option are listed after the table. 1) Status Quo: The property owner owns the entire service line (24 cities/50 surveyed) 2) Modified Status Quo: No change to ownership, but ERMU implements a service line protection program to cover repair costs (3/24). 3) ERMU owns from the main through the Curb Stop for all properties (26/50) 4) ERMU owns from the main through the Curb Stop for residential properties only (3/50) Option Overall Metro MMPA MMUA Size Regional Main Only* 24/50 9/28 3/5 9/16 18/33 6/12 Protection Program 3/24 0/9 0/3 3/96 3/18 1/6 Through Curb Stop 26/50 19/28 2/5 7/16 15/33 6/12 Residential Only* 3/50 1/28 0/5 2/16 2/33 1/12 *Includes those cities offering a protection program. Page 2 of 4 203 Option 1, Status Quo. The property owner owns the entire service line (24/50). Advantages: The simplest approach to managing service lines. Customers would have the option to distribute their repair/replacement costs over 10 years by having their repair costs assessed to their property. Disadvantages: Can place a financial burden on customers that need to repair/replace their water service line. Despite numerous "Who Owns What" communications, most customers don't realize they are responsible for service line costs. Option 2: Modified Status Quo. No change to ownership, but ERMU implements a service line protection program to cover repair costs (3/24). Advantages: No change to City Ordinance/ERMU Water Rules (the property owner will still own the entire service line). The implementation of a protection program provides a funding source for water service line repairs without impacting rates. Additionally, it can be crafted to control ERMU's liability while still easing the financial burden on customers. Whether to implement a cap to limit/share repair responsibility, whether to include the entire service line or just through the curb stop, and whether to limit eligible line size are all examples of how ERMU can control its financial exposure. It can also include an opt -out option if desired. Allows for the option to not include customers who are behind on their payments. Disadvantage: Since it's a separate fee (not included in the water rates) some customers may see it as a lack of transparency. For comparison, Austin Utilities charges $3.00/month for their water service fund program. Owatonna Public Utilities charges $0.99/month for their service line protection program. Information on both programs is attached. Austin's water service fund covers service lines 100% up to two-inch and at 50% for service lines larger than two-inch. Owatonna limits their program to residential customers only. Option 3: ERMU owns from main through Curb Stop for all properties (26/50). Advantages: Simple and consistent implementation that mirrors most of the 50 cities surveyed. Offers protection to all customers, regardless of type, size, or location. The added risk associated with covering all properties could be further controlled by using a tiered structure based on service line size. Disadvantages: Likely represents the most expensive option as it represents the greatest financial exposure. Rates would need to increase to cover the increased exposure. Since the increased costs would be recovered through increased rates, there is no opt out option. Option 4: ERMU owns from main through Curb Stop for residential properties only (3/50). Advantages: Offers protection to residential customers while avoiding the higher cost potential associated with commercial properties. The majority of residential properties have one -inch or smaller lines that connect to water mains located under low -volume residential roads. Commercial/industrial properties can have service lines that are considerably longer and larger that connect to water mains under higher -volume collector roads. Larger lines and connections under higher -volume roads can significantly increase repair costs. Page 3 of 4 204 Disadvantages: Smaller business owners, with line sizes similar to residential properties, may be upset over the lack of consistency with residential properties. FINANCIAL: Financial exposure will depend on what, if any, changes are made to our current policy. If ERMU takes on the added responsibility of funding service line repairs/replacement from the main through the curb stop valve, residential costs would increase by approximately $2.20/month. Costs for commercial customers would increase by approximately $5.00/month. Depending on the selected program, these amounts would be recovered through either a service fee or a rate increase. Calculating the final amounts would be part of our 2025 rate study, planned for the third quarter of 2025. Note: The amounts presented are estimates only, they are not intended to cap our expenses. If we adopt a plan that increases our financial responsibility, we will have to treat all eligible customers the same, even if the total annual costs exceed our budget estimates. NEXT STEPS: Staff requires commission direction on which, if any, policy changes they would like to pursue for approval at a future commission meeting. ATTACHMENTS: • City Survey — Water Service Line Ownership Page 4 of 4 205 Service Line Ownership Table of Results Columnl City Main Only Main Thru Curbstop Residential Only Protection Program Metro Regional Size MMUA MMPA Source Notes 9-2-7: The consumer or owner shall be responsible for maintaining the service pipe from the curb stop valve into the 1 Albertville Yes Yes Yes Code building served. 2 Andover Yes Yes Yes Website About Our System: The .... owner is responsible from the valve outside the home to the meter and everything after. 3 Anoka Yes Yes Yes Yes Yes Yes Rules RULES AND REGULATIONS, Section 2000 *Who Owns What: The customerwill retain ownership of water service lines from the corporation stop to the meter, 4 Austin* Yes Yes Yes Yes Website but Water Service Fund will cover costs of all repairs if account is current. Section 800.09: All persons taking water shall keep their own service pipes, stop cocks, and apparatus in good repair and protected from frost, at their own risk and expense, from the water main through the end of the service pipe inside 5 Big Lake Yes Yes Yes Code the house or building. Section 86-105a: The service pipe from the building to the curb stop and the connection thereto shall be the property 6 Blaine Yes Yes Code of the applicant and must be protected and maintained by the applicant. Section 11.14: It shall be the responsibility of the owner to maintain the service pipe from the curb box into the 7 Bloomington Yes Yes Code house or building. Section 4-201.7: After the initial connection to the curb stop, the property owner shall thereafter be liable for all repair 8 Brooklyn Center Yes Yes Yes Code or grade adjustments to his water service line between the street main and the building being served. Chapter 100, section 100.15: The stop cock, box and cover must be installed by the owner at the owner's expense, 9 Brooklyn Park Yes Yes Code becomes the property of the city, and must be maintained by the city so as to be safe and accessible at all times. Section 48-257a: The consumer owns the service line to the curb box/gate valve, including the connections to such 10 Buffalo Yes Yes Yes Yes Yes devices on the owner's side. Water FAQs: The City owns the water shutoff in your yard within the right of way, typically located about 10 feet behind the City -owned curb. The City also owns the water service line between the shutoff and the water main in the 11 Burnsville Yes Yes Website street Water FAQs: It is the responsibility of the homeowner to maintain the service line to the structure being served, 12 Chanhassen Yes Yes Yes Website including the curb box. Section 7.12.010Q: It shall be the responsibility of the consumer or owner to maintain the service pipe from the 13 Chaska Yes Yes Yes Yes Yes Code structure side of the curb box or service valve into the house or building. Section 13-211: The stop box and cover at the watermain and boulevard or street are the property of the City and must be readily accessible. Section 13-212: The service pipe to the watermain and the connections thereto are the 14 Coon Rapids Yes Yes Code property of the user, and must be protected and maintained by the user. Section 715.17: The consumer or owner must maintain the service pipe from the building side of the curb stop or 15 Crystal Yes Yes Yes Code building side of the building gate valve into the house or building. Section 52.014a: It shall be the responsibility of the owner or other account holder to maintain the service pipe from 16 Dayton Yes Yes Yes Code the curb box into the house or building. Water Service Issues: Water service lines are owned and maintained by the property owner, from and including the 17 Delano Yes Yes Yes Yes Website home or business's connection to the water main. Water Ordiance, 403.09: The Water Department will maintain water services from the main to, and including the curb 18 Detroit Lakes Yes Yes Yes Website stop, or the property line, whichever is the closest to the main, free of charge to the customer. 19 Duluth Yes Code Section 48-120: Services to be maintained by department to curb stop only Section 3.20-2: It is the responsibility of the consumer or owner to maintain the service pipe from the curbstop into 20 Eagan Yes Yes Code the house or other building. 21 East Grand Forks Yes Yes Yes Website Water Lines: The "curb stop" is the property and responsibility of the property owner. Water FAQs: Property owners are responsible for all water piping located on their property. This includes all the 22 Eden Prairie Yes Yes Website water piping inside the building and the underground water service to the property line. Section 28-91: The water service line from the curb stop .... is owned by and shall be maintained by the owner of the 23 Edina Yes Yes Code property serviced by such service line. Section: 402.06: The occupant or user of such premises shall be liable for all repairs required to any water line or any 24 Fridley Yes Yes Yes Code sewer lines necessary for connection of the premises from the main to the premises. Section 203.04: All persons taking water shall keep their own service pipes, curb stops, stop cocks and apparatus in good repair and protected from frost, at their own risk and expense. Section 203.07: No claim shall be made against the City by reason of breaking or freezing of any service pipe or service cock; nor if from any cause the supply of water 25 Glencoe Yes Yes Yes Code shallfail. Section 28-29b: It is the responsibility of the consumer or owner to maintain the service pipe from the curb stop into 26 Golden Valley Yes Yes Yes Code the house or other building. Water & Sewer/Mtce and Repairs: Property owners are responsible for the water service from the house or structure to 27 Hopkins Yes Yes Yes Website the water main in the street, including the corporation stop at the water main and curb stop at the right -of way line. Water FAQs: the property owner is responsible for the water service line from the water main in the street up to the 28 Hutchinson Yes Yes Yes Website water meter in the property. 29 Mankato Yes Yes Website Water Main Repairs: The homeowner is responsible for their water service line from the City water main to their home. Section 34-41: The stop box and cover at the water main and boulevard are the property of the city, and all persons are forbidden to interfere with them. Section 34-42a: The service pipe to the water main and the connections thereto 30 Maple Grove Yes Yes Code shall be the property of the user. 206 Service Line Ownership Table of Results Columnl City Main Only Main Thru Curbstop Residential Only Protection Program Metro Regional Size MMUA MMPA Source Notes Section 509.410b: The water service line shall be owned by the property it serves, and each piece of the water service 31 Minneapolis Yes Yes Code line shall be maintained and kept in good operating condition by the property owner. Section 1200.060: The stop cock at main and property or curb line, together with box and cover, are the property of the city. Section 1200.075/3: The service pipe to the watermain beginning at the corporation connection belongs to the 32 Minnetonka Yes Yes Code owner of the premises and must be protected and maintained by the owner. Water Service Line Responsibility: Customer is responsible for the water service line from the home to the 33 Monticello Yes Yes Yes Website corporation stop. Section 2045.1.2: MPS owns .... allwater service materials that include, but are not limited to, service pipingto the 34 Moorhead Yes Yes Yes Rules curb stop, curb stops. Water meters, valves, service lines, stop boxes, and corporation stops are the sole responsibility of the property 35 New Hope Yes Yes Yes Website owner. Title V, Section 57.05b: Sewer and water service from a building to the connection at the main are owned by the 36 North St. Paul Yes Yes Yes Yes Yes Code property owners and they are responsible for all repairs and maintenance except for the operation of the curbstop. Section 51.20a: It shall be the responsibility of the user or owner to maintain the service pipe from the curb shut-off 37 Osseo Yes Yes Yes Code into the house or structure. FAQs: It is the responsibility of the homeowner to maintain the service line from the street water main into and 38 Otsego Yes Yes Yes Website including plumbing within the structure being served. 39 Owattona* Yes Yes Yes Yes Yes Website Water Service Line Protection Program Section 720.25: It is the responsibility of the owner or occupant to maintain the service pipe from the curb box into 40 Plymouth Yes Yes Code the house or building. Section 104: The property owner owns the water service and it is the responsibility of the property owner to maintain. Beginning January 1, 2018, PPU has a Service Line Protection policy in force and will begin charging a monthly fee for 41 Princeton* Yes Yes Yes Yes Yes Yes Rules the protection. Section 58-117: The service pipe to the stop box (curb stop) and the connection thereto shall be the property of the 42 Ramsey Yes Yes Yes Code customer and must be protected and maintained by the customer. Section 401: The property owner owns the water service, and is responsible for its repair, maintenance or 43 Rochester Yes Yes Rules replacement. Chapter 46-II-2, Section 46-48: The service pipe from the building to the curb stop and the connections to the curb 44 Rogers Yes Yes Yes Yes Code stop shall be the responsibility of the property owner. Water Service Information: The homeowner's responsibility for the water service line is everything in the home out to 45 Shakopee Yes Yes Yes Yes Yes Website and including the connection to the water main out in the street. WATER SERVICE RESPONSIBILITY: Homeowners are responsible for their service lines. A service line is provided to 46 St. Cloud Yes Website each home for drinking water supply. Repair of any service leak is the responsibility of the property owner. Sec. 32-202.: The property owner shall be responsible for repairing any leaks in the service pipeline to the property, except that the city shall be responsible for leaks in the service line to a single-family dwelling between the main and 47 St. Louis Park Yes Yes Yes Code the shutoff. Title V, Section 50.07: The water service line from the curb stop is owned by and shall be maintained by the owner of 48 St. Michael Yes Yes Yes Code the property serviced by such service line. Title A Section 87.03e: The water utility will, in accordance with its standards and without cost to the property 49 St. Paul Yes Yes Code owner, repair and maintain the street service connections which it has installed. F-50 Willmar Yes Yes Yes Website Website search produced service line of america brochure stating property owner owns from building to main. 24 26 3 3 28 12 33 16 5 207