Relates to the statute of limitations for public water suppliers to commence an action for injury to property; provides that any action, civil claim, or cause of action involving an emerging contaminant that is barred as of the applicable period of limitation has expired is hereby revived, and such action thereon may be commenced and prosecuted provided such action is commenced either before or in accordance with certain time periods; defines "emerging contaminant".
STATE OF NEW YORK
________________________________________________________________________
9824--A
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. THIELE, LAVINE, ENGLEBRIGHT, STERN, DeSTEFANO --
read once and referred to the Committee on Judiciary -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to the
statute of limitations for public water suppliers to commence an
action, civil claim, or cause of action for injury to property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 214-h of the civil practice law
2 and rules is amended by adding a new paragraph (i) to read as follows:
3 (i) "Emerging contaminant" shall mean any physical, chemical, microbi-
4 ological or radiological substance that has ever been or ever will be
5 identified or listed pursuant to paragraph a or b of subdivision three
6 of section eleven hundred twelve of the public health law or that has
7 ever been or ever will be required to be identified or listed as an
8 emerging contaminant pursuant to paragraph c of subdivision three of
9 section eleven hundred twelve of the public health law or that is iden-
10 tified or listed as an emerging contaminant pursuant to any other law.
11 § 2. Section 214-h of the civil practice law and rules is amended by
12 adding a new subdivision 5 to read as follows:
13 5. Any action, civil claim, or cause of action involving an emerging
14 contaminant that is barred as of the effective date of this subdivision
15 because the applicable period of limitation has expired is hereby
16 revived, and such action, civil claim, or cause of action thereon may be
17 commenced and prosecuted provided such action, civil claim, or cause of
18 action is commenced either before or within one year and six months
19 following the effective date of this subdivision.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15232-03-2