WEBVTT - Lead Pipe Money to Ooze, Not Flow, Out of EPA

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<v Speaker 1>A decade after the Flint Crisis, Congress just made a

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<v Speaker 1>massive investment toward removing lead pipes from our nation's drinking

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<v Speaker 1>water system. But on today's podcast, we look at why

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<v Speaker 1>the folks who run those water systems actually aren't celebrating. Hello,

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<v Speaker 1>and welcome back yet again to Partsiper Billion, the environmental

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<v Speaker 1>podcast from Bloomberg Law. I'm your host, David Schultz. It'll

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<v Speaker 1>be ten years this March since officials in Michigan announced

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<v Speaker 1>their plan to switch the water source for the town

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<v Speaker 1>of Flint from Lake Huron to the polluted Flint River.

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<v Speaker 1>That decision, and many many other subsequent missteps led to

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<v Speaker 1>the Flint water crisis, in which the polluted water corroded

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<v Speaker 1>the city system of old lead pipes and dissolved the

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<v Speaker 1>toxic metal into the town's drinking water system. Aside from

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<v Speaker 1>the sheer human tragedy of the crisis, one of its

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<v Speaker 1>takeaways was that using lead pipes to deliver drinking water

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<v Speaker 1>poses an unavoidable risk, regardless of how much that water

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<v Speaker 1>is or isn't treated. So that was ten years ago.

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<v Speaker 1>What's happened since then, Well, officials across the country have

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<v Speaker 1>realized just how hard it is to remediate an environmental

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<v Speaker 1>hazard that's been buried underground, and it's connected to each

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<v Speaker 1>individual home. Maybe, as you'll hear in a bit, we

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<v Speaker 1>don't actually know which houses get their water from lead pipes.

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<v Speaker 1>Late last year, there was a big development on the

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<v Speaker 1>financial side of things. Congress included fifteen billion dollars for

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<v Speaker 1>lead pipe removal in the Infrastructure build that the presidents

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<v Speaker 1>signed in November, and if the President's Build Back Better

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<v Speaker 1>package passes, which is looking like a big if right now,

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<v Speaker 1>that would add an additional ten billion dollars. It's the

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<v Speaker 1>largest federal allocation toward lead piper removal since well, maybe ever.

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<v Speaker 1>But there's a big difference between allocating money and actually

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<v Speaker 1>spending it, and that's what we're going to be discussing

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<v Speaker 1>on today's podcast. Bloomberg Law reporters Bobby McGill and Paige

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<v Speaker 1>Smith recently wrote stories about some of the blockages that

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<v Speaker 1>could clog up the flow of this money. EPUN very

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<v Speaker 1>much intended. I started off by asking page about exactly

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<v Speaker 1>what Congress actually did last year un lead pipes. So

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<v Speaker 1>the Bipartisan Infrastructure Law, it was signed by President Joe

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<v Speaker 1>Biden on November fifteenth and It essentially promises fifteen billion

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<v Speaker 1>dollars in funding to replace lead pipes over the next

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<v Speaker 1>ten years, and so that's that's been signed into law.

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<v Speaker 1>The other component about this is that you know, there

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<v Speaker 1>is there are these pending negotiations on the what is

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<v Speaker 1>known as the Build Back Better Act, and I mean

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<v Speaker 1>that would provide an additional ten billion dollars and funds

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<v Speaker 1>to replace lead pipes. And then there are also some

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<v Speaker 1>other White House initiatives that could provide even more funding. Bobby,

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<v Speaker 1>you know, I was really interested in your story about,

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<v Speaker 1>you know, how this money that's already been passed and

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<v Speaker 1>I signed by the President, how this is going to

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<v Speaker 1>get out and it sounds like there are some real

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<v Speaker 1>impediments to getting this out the door. Can you talk

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<v Speaker 1>a little bit about a few of the things that

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<v Speaker 1>might make it a little harder for EPA to actually

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<v Speaker 1>get this money into people's homes and pipes. Yeah. Well,

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<v Speaker 1>part of that is that, you know, the states, for

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<v Speaker 1>the most part, are in charge of distributing this funding,

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<v Speaker 1>and so as of a few weeks ago, the states

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<v Speaker 1>we're looking for guidance from the EPA, you know, with

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<v Speaker 1>regard to how they should be distributing this funding to

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<v Speaker 1>local water systems and cities that need to replace pipes.

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<v Speaker 1>This goes through what they call the State Revolving Fund,

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<v Speaker 1>and and there are some other avenues as well, but

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<v Speaker 1>that's the primary one. Yeah, and it seemed like one

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<v Speaker 1>based on the people you spoke with. One of the

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<v Speaker 1>biggest impediments here is that we still don't know where

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<v Speaker 1>all the lead pipes are. You know, we don't have

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<v Speaker 1>a full inventory of where these pipes are in the country.

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<v Speaker 1>So here's a question, do you know if you have

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<v Speaker 1>lead pipes coming into your house? Oh? I was really

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<v Speaker 1>hoping you would and ask me that. No, No, I

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<v Speaker 1>can't say I do know. See, but that's the thing.

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<v Speaker 1>I mean. They're the number that the EPA is using

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<v Speaker 1>is they're estimating, you know, based on a twenty sixteen study.

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<v Speaker 1>They're estimating, you know, ten roughly ten million lead pipes

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<v Speaker 1>across the country that need to be replaced. And this

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<v Speaker 1>is an estimate because nobody knows exactly how many there are.

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<v Speaker 1>They are estimating based on like when houses were built,

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<v Speaker 1>you know, what materials were used back in those days.

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<v Speaker 1>Some cities like Pittsburgh, they're doing a survey and they

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<v Speaker 1>have a really cool interactive map you can see online

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<v Speaker 1>is to you know, where they're prioritizing these these lead

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<v Speaker 1>pipe replacements. But there's a lot of systems that just

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<v Speaker 1>don't know, and the EPA doesn't know either, and they're

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<v Speaker 1>you know that that is an impediment. Yeah, I mean

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<v Speaker 1>the other thing I was surprised by is that you

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<v Speaker 1>spoke with some folks from state water agencies who, again,

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<v Speaker 1>you know, the money is flowing through the states, and

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<v Speaker 1>I would have expected them to just be jumping for joy, uh,

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<v Speaker 1>you know, at the prospect of getting all this money,

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<v Speaker 1>but they actually seem really ambivalent and like, you know,

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<v Speaker 1>not sure what to do with it. What's going on

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<v Speaker 1>with that? Why are they saying like, we're not sure

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<v Speaker 1>how to use the money with you know what? Why?

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<v Speaker 1>Why is that? Well, because I think in part they

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<v Speaker 1>just haven't seen this much money that they have to

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<v Speaker 1>dole out for this particular thing. And you know, it's

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<v Speaker 1>it's it's just a new process for them to have

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<v Speaker 1>to grapple with, and it's complicated, and you know, these

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<v Speaker 1>these cities have to in these water systems have to

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<v Speaker 1>apply for this money, and they have to develop criteria

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<v Speaker 1>for that it's it's a it's a pretty significant bureaucratic process,

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<v Speaker 1>potentially speaking to the bureaucratic processes. Actually, our colleague Stephen

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<v Speaker 1>Lee actually just reported on a report from the Inspector

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<v Speaker 1>General uh saying that EPA's process for doling out money

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<v Speaker 1>is not strong enough. So the Inspector General is saying

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<v Speaker 1>more bureaucracy, more red tape. Meanwhile, the it sounds like

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<v Speaker 1>the agency is really you know, under the gun to

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<v Speaker 1>get this money out and to accomplish this this goal

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<v Speaker 1>that has eluded you know, the agency for so long.

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<v Speaker 1>You know they've been trying to do this for so

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<v Speaker 1>for such a long time. That's right, and you know,

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<v Speaker 1>it's it's it's gonna be interesting to watch it unfold

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<v Speaker 1>over the next year or so, and it's it's gonna

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<v Speaker 1>take a while for all of this to playoff. Yeah, So, Paige,

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<v Speaker 1>I wanted to talk to you about the human angle here,

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<v Speaker 1>because it's not just a matter of you know, allocating money,

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<v Speaker 1>it's also allocating people in man hours. And you just

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<v Speaker 1>did a story about how this could be you know,

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<v Speaker 1>even tougher because we just don't have the plumbers, we

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<v Speaker 1>don't have the construction workers who are able to do this.

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<v Speaker 1>What's going on here? Yeah, I mean part of this

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<v Speaker 1>is sort of if you step back, I think that

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<v Speaker 1>so many employers are struggling at this moment in time

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<v Speaker 1>to just fill open positions, right, So, I mean, you

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<v Speaker 1>have this huge influx of cash and this potential for investment.

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<v Speaker 1>But yeah, I mean, if you don't have the people

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<v Speaker 1>to kind of step up and you know, step up

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<v Speaker 1>to finish the job, then that could be an issue.

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<v Speaker 1>So I did reach out to a number of unions

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<v Speaker 1>and some other folks who are kind of watching these

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<v Speaker 1>these employment numbers pretty closely, and you know, unions like

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<v Speaker 1>the United Association of Journeymen and Apprentices of the Plumbing

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<v Speaker 1>and Pipe Fitting Industry the UA. I mean, they've said

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<v Speaker 1>that they can step up and meet the increased demand.

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<v Speaker 1>But there are also some other doubts about you know,

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<v Speaker 1>actual employment numbers in the construction industry. So I chatted

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<v Speaker 1>with some economists, for example, who said that workers construction

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<v Speaker 1>workers are finding jobs and other sectors or dropping out

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<v Speaker 1>of the workforce. So part of it as well is

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<v Speaker 1>we'll have to see how long this takes. Right, Like

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<v Speaker 1>the COVID nineteen pandemic is obviously still in full swing

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<v Speaker 1>at this moment in time, and there's still very much

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<v Speaker 1>a labor shortage. But we'll kind of have to see

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<v Speaker 1>if the if there are you know, union sponsored workforce

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<v Speaker 1>training for example, might that could help fill the gap

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<v Speaker 1>for some of this demand. And yeah, we'll have to see. Yeah,

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<v Speaker 1>that was one of the things I was going to

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<v Speaker 1>ask you about, is that, you know, ripping pipes out

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<v Speaker 1>of the ground and installing new pipes, that's not unskilled labor,

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<v Speaker 1>Like that's something that you actually need a lot of

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<v Speaker 1>expertise to be able to do. Is that One of

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<v Speaker 1>the things that is making it harder here is that

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<v Speaker 1>this is not just a matter of a labor shortage.

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<v Speaker 1>It's a matter of labor shortage of this particular skill set. Definitely,

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<v Speaker 1>And I mean I think that is I think all

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<v Speaker 1>labor is skilled labor. But just to be clear, the

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<v Speaker 1>you know, yeah, there's definitely I chatted with a senior

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<v Speaker 1>economics advisor from Cornell University and she said that, yeah,

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<v Speaker 1>I mean, this is why a really clear workforce development

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<v Speaker 1>system is needed to kind of respond to this demand.

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<v Speaker 1>And unions. When I spoke with the UA, they said that,

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<v Speaker 1>you know, they are prepared to meet that demand because

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<v Speaker 1>they do have these sort of apprenticeship programs already established

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<v Speaker 1>and you know, the infrastructure, but infrastructure is there if

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<v Speaker 1>you will. So they said that they can sort of respond.

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<v Speaker 1>But I do think it's still quite early to kind

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<v Speaker 1>of make an assessment of whether, you know, whether the

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<v Speaker 1>they will sort of rise to the challenge, or if

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<v Speaker 1>if there may be some sort of shortage of workers.

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<v Speaker 1>But as it stands right now, it's it's it's looking

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<v Speaker 1>a little tight. Yeah, I mean, I just got the

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<v Speaker 1>sense from your story that the UA folks, the labor

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<v Speaker 1>union folks that you spoke to, we're putting a really

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<v Speaker 1>rosy spin on this, you know, And you're right, it's

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<v Speaker 1>way too early to say. I mean, maybe you know,

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<v Speaker 1>they will be able to sort of train up enough

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<v Speaker 1>people to handle these billions of dollars in federal funding.

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<v Speaker 1>But you know, is that fair to say that they're

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<v Speaker 1>being a little overly optimistic or is it just you know,

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<v Speaker 1>too soon, really too soon to say. Yeah, I really

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<v Speaker 1>think it's too soon to say at this point in time. Honestly,

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<v Speaker 1>I think that you know, just if you look at

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<v Speaker 1>the numbers of the of I mean, if you look

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<v Speaker 1>at the uas sort of you know, their numbers of

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<v Speaker 1>the members over time, they've sort of stayed consistent. It's

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<v Speaker 1>not like they've drastically signed up a number of new members,

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<v Speaker 1>but they also haven't lost you know, thousands of folks.

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<v Speaker 1>So if that's any indication, then it's sort of like

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<v Speaker 1>consistent in their membership. I do think it's just sort

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<v Speaker 1>of too early to tell, to be honest. So finally,

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<v Speaker 1>I want to finish with Bobby, you know, and take

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<v Speaker 1>a big step back here and talk about the environmental

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<v Speaker 1>implications of all of this. You know, we're ten years

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<v Speaker 1>on from the Flint water crisis, where you know, lead

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<v Speaker 1>poisoning affected the entire city of Flint, Michigan. We've had

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<v Speaker 1>three presidents now who have you know, made this a priority?

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<v Speaker 1>President Obama, Trump, and now Biden. Are we heading in

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<v Speaker 1>the right direction? Are we actually making progress toward dealing

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<v Speaker 1>with lead in our drinking water systems? Or are we

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<v Speaker 1>pun very much non intended treading water here. I think that,

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<v Speaker 1>you know, as far as I'm aware, the EPA and

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<v Speaker 1>Congress have never allocated this bunch of money to lead

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<v Speaker 1>pipe replacement. So I mean that's that's that's progress. You know,

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<v Speaker 1>how quickly the lead pipes are actually replaced, you know,

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<v Speaker 1>it is another question, but I mean the fact is

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<v Speaker 1>that lead pipes aren't used anymore, and so the faster

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<v Speaker 1>they're replaced, the more progress progress we make on that.

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<v Speaker 1>There are other water infrastructure issues that have to be addressed,

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<v Speaker 1>and the and the EPA and Congress are both working

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<v Speaker 1>on that, and they've allocated other you know, drinking water

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<v Speaker 1>funds you know, for other infrastructure upgrades. These are systems

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<v Speaker 1>that have been neglected for many, many years, and they're

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<v Speaker 1>finally getting some funding. There's lots of complications with that,

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<v Speaker 1>but nonetheless, I think it does represent progress. That's a

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<v Speaker 1>really good point. And it's actually an aspect of this

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<v Speaker 1>that I hadn't thought about before that the problems not

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<v Speaker 1>necessarily getting worse, you know, in that we're not having

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<v Speaker 1>cities installing lead pipes and having to rip them out

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<v Speaker 1>installing it. It's like these this is a legacy problem

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<v Speaker 1>that we're just tay is taking a really really long

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<v Speaker 1>time to fix. But here's the thing, like, you know,

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<v Speaker 1>p fast is another example of of you know, one

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<v Speaker 1>of the infrastructure challenges we face some cities. I mean,

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<v Speaker 1>there's a lot of p fasts in in in groundwater

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<v Speaker 1>we've discovered, right, and so now cities are having to

0:13:00.720 --> 0:13:02.880
<v Speaker 1>come back and realize that they're going to have to

0:13:02.920 --> 0:13:06.839
<v Speaker 1>have other infrastructure upgrades in order to filter that out

0:13:06.880 --> 0:13:10.120
<v Speaker 1>if they want or if regulations come along requiring them too.

0:13:11.360 --> 0:13:15.000
<v Speaker 1>So you know, it's we made progress in some areas

0:13:15.120 --> 0:13:17.280
<v Speaker 1>and then we realized that we have to make even

0:13:17.320 --> 0:13:20.679
<v Speaker 1>more progress in other areas as well to ensure that

0:13:20.720 --> 0:13:23.520
<v Speaker 1>we have clean drinking water. All right, Well, that was

0:13:23.800 --> 0:13:28.319
<v Speaker 1>Bobby McGill and Paige Smith speaking with us about lead pipes.

0:13:28.720 --> 0:13:31.120
<v Speaker 1>Thank you both for joining us, and we will talk

0:13:31.160 --> 0:13:35.680
<v Speaker 1>to you again soon. Thank you. Thanks see us, And

0:13:35.720 --> 0:13:37.720
<v Speaker 1>that's it for today's episode of Parts per Billion. If

0:13:37.720 --> 0:13:39.960
<v Speaker 1>you want more environmental news, check us out on Twitter.

0:13:40.040 --> 0:13:43.000
<v Speaker 1>We use the handle at environment just that at environment,

0:13:43.640 --> 0:13:46.199
<v Speaker 1>I'm at David B. Schultz If you want to chat

0:13:46.240 --> 0:13:50.319
<v Speaker 1>with me, that's b as in burr it's cold outside.

0:13:50.600 --> 0:13:53.120
<v Speaker 1>Today's episode of Parts for Abilion was produced by myself,

0:13:53.200 --> 0:13:56.000
<v Speaker 1>David Schultz. Parts for Bilion was created by Jessica Coombs

0:13:56.000 --> 0:13:58.320
<v Speaker 1>and Rachel Dagle and is edited by Rebecca Baker and

0:13:58.400 --> 0:14:03.440
<v Speaker 1>Chuck McCutcheon. Producer is Josh Block. Thank you everyone for listening.

0:14:04.960 --> 0:14:07.040
<v Speaker 1>You don't need to be a judge to be interested

0:14:07.080 --> 0:14:10.600
<v Speaker 1>in our nation's laws and legal institutions, just like you

0:14:10.600 --> 0:14:12.560
<v Speaker 1>don't need to have a law degree to be curious

0:14:12.559 --> 0:14:15.960
<v Speaker 1>about the inner workings of courts, law firms, and law schools.

0:14:16.360 --> 0:14:19.200
<v Speaker 1>That's where we come in. My name's Adam Allington and

0:14:19.280 --> 0:14:22.000
<v Speaker 1>I'm the host of Uncommon Law, a podcast from the

0:14:22.000 --> 0:14:26.640
<v Speaker 1>Bloomberg Industry Group. Uncommon Law is where public policy, storytelling,

0:14:26.760 --> 0:14:30.760
<v Speaker 1>and the law are combined. We explore big topics ranging

0:14:30.840 --> 0:14:35.320
<v Speaker 1>from tech policy to free speech, to race and gender diversity.

0:14:35.400 --> 0:14:37.720
<v Speaker 1>So please give us a listen. You can subscribe and

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<v Speaker 1>download today. Just search for Uncommon Law wherever you get

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<v Speaker 1>your podcasts. Thanks so much,