Rpld & add ?1114, Pub Health L; add ?98-e, St Fin L
Establishes the Consolidated Lead-line Elimination and Replacement (CLEAR) program to provide financial assistance and reimbursement to municipalities for the abatement, removal and replacement of lead-contaminated water supply lines; establishes the Consolidated Lead-line Elimination and Replacement (CLEAR) fund; repeals certain provisions of law relating thereto.
STATE OF NEW YORK
________________________________________________________________________
10568--A
IN ASSEMBLY
March 13, 2026
___________
Introduced by M. of A. JACOBSON, BURDICK -- read once and referred to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to establishing the
Consolidated Lead-line Elimination and Replacement (CLEAR) program; to
amend the state finance law, in relation to establishing the Consol-
idated Lead-line Elimination and Replacement (CLEAR) fund; and to
repeal certain provisions of the public health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Consolidated Lead-line Elimination and Replacement (CLEAR) act".
3 § 2. Section 1114 of the public health law is REPEALED and a new
4 section 1114 is added to read as follows:
5 § 1114. Consolidated Lead-line Elimination and Replacement (CLEAR)
6 program. 1. For the purposes of this section, "covered water systems"
7 means:
8 (a) a public water system that serves at least fifteen service
9 connections used by year-round residents; or
10 (b) a public water system that regularly serves at least twenty-five
11 of the same people, four hours or more per day, for four or more days
12 per week, for twenty-six or more weeks per year.
13 2. The Consolidated Lead-line Elimination and Replacement (CLEAR)
14 program is hereby established for the purpose of providing financial
15 assistance to covered water systems for the abatement, removal and
16 replacement of lead-contaminated water lines.
17 3. To receive financial assistance and reimbursement, a covered water
18 system shall:
19 (a) Present proof of completing the abatement, removal and replacement
20 of lead-contaminated water supply lines to the department. Such proof
21 shall be in the form of a sworn certification by a licensed engineer,
22 the municipality's chief code enforcement official or a representative
23 of the county department of health or the department that such abate-
24 ment, removal and replacement was completed; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14340-20-6
A. 10568--A 2
1 (b) Present proof of the direct costs of the abatement, removal and
2 replacement of such lead-contaminated water supply lines.
3 (i) In the event that the covered water system is owned by a munici-
4 pality, such proof shall be in the form of a sworn certification by the
5 municipality's comptroller, treasurer, or chief executive officer. Costs
6 of the municipal attorney, corporation counsel, municipal administrator
7 or city manager, village manager or municipal engineer shall not be
8 eligible for reimbursement.
9 (ii) In the event that the covered water system is privately owned,
10 such proof shall be in the form of a sworn certification by the covered
11 water system's chief executive officer, comptroller or engineer. Costs
12 of the covered water system's attorney, administrator, chief executive
13 officer, comptroller or engineer shall not be eligible for reimburse-
14 ment.
15 4. (a) Whether the covered water system is owned by a municipality or
16 privately, the maximum reimbursement shall be twelve thousand dollars
17 per water line replaced plus interest on any loans taken out specif-
18 ically for the abatement, removal and replacement of the lead-contami-
19 nated water lines.
20 (b) In the event that a covered water system is owned by a munici-
21 pality, costs of the municipal attorney, corporation counsel, municipal
22 administrator or city manager, village manager or municipal engineer
23 shall not be eligible for reimbursement.
24 (c) In the event that the covered water system is privately owned,
25 costs of the covered water system's attorney, administrator or chief
26 executive officer shall not be eligible for reimbursement.
27 5. A covered water system may be reimbursed for expenditures for the
28 abatement, removal and replacement of lead-contaminated water lines
29 which are owned, in total or part, by a private owner. The covered water
30 system may also receive reimbursement for work on the lines if performed
31 by the private owner or their agents, and if so, pass along the
32 reimbursement received to the private owner.
33 6. Participation in this program shall not disqualify a covered water
34 system from applying for and receiving additional money from other
35 programs related to the abatement, removal and replacement of lead-con-
36 taminated water lines; however, a covered water system shall not be
37 reimbursed for the abatement, removal and replacement of a lead-contami-
38 nated water line under this program if the covered water system has
39 previously received funding or reimbursement for such line.
40 7. Any remaining funds in the possession of the state of New York from
41 prior programs under former section eleven hundred fourteen of this
42 article shall be transferred to the reimbursement program established by
43 this section.
44 § 3. The state finance law is amended by adding a new section 98-e to
45 read as follows:
46 § 98-e. Consolidated Lead-line Elimination and Replacement (CLEAR)
47 fund. 1. It is hereby established in the joint custody of the state
48 comptroller and the commissioner of taxation and finance a fund to be
49 known as the "Consolidated Lead-line Elimination and Replacement (CLEAR)
50 fund".
51 2. The Consolidated Lead-line Elimination and Replacement (CLEAR) fund
52 shall consist of all monies appropriated by the state or transferred to
53 the state and made available to the department of health for purposes of
54 abatement, removal and replacement of lead-contaminated water lines in
55 covered water systems as defined in section eleven hundred fourteen-B of
56 the public health law.
A. 10568--A 3
1 3. Any remaining funds in the possession of the state of New York from
2 prior programs under former section eleven hundred fourteen of the
3 public health law shall be transferred to the fund established by this
4 section.
5 4. The Consolidated Lead-line Elimination and Replacement (CLEAR) fund
6 shall be distributed by the department of health pursuant to section
7 eleven hundred fourteen of the public health law and all other applica-
8 ble law.
9 5. Monies in the Consolidated Lead-line Elimination and Replacement
10 (CLEAR) fund shall be kept separately from and shall not be commingled
11 with any other monies in the custody of the state comptroller.
12 § 4. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law. Effective immediately, the addition, amend-
14 ment and/or repeal of any rule or regulation necessary for the implemen-
15 tation of this act on its effective date are authorized to be made and
16 completed on or before such effective date.
